Council_Mark_POS_RGB

25 August 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 28 August 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 - 24 July 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

Passing of Evelyn Doreen Warburton OBE.

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Resilience Committee Meeting - 5 July 2017.

Local Traffic Committee Meeting - 7 August 2017.

Policy Review Committee Meeting - 14 August 2017.

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 28 August 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

 

 

 

 

 

 

 

 

18

(7.00pm)

 

27@

27

10

22#

26*

24

28@

25^ü

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 24 JULY 2017 AT 7:33PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

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

 

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 26 June 2017

158  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Aaron Duke that the minutes of the Ordinary Meeting of 26 June 2017 be confirmed.

 

CONFIRMATION OF MINUTES - Extraordinary Council Meeting - 10 July 2017

159  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Aaron Duke that the minutes of the Extraordinary Council Meeting of 10 July 2017 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 8 - Tender Reference 16/17-13, Provision of Catering Services, as his daughter previously worked for a contractor who has submitted a tender for this contract.

 

 

SUSPENSION OF STANDING ORDERS

160  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:30pm.

 

 

 

 

Ms Andrea Grieve

 

Item 2 – Update on Consultation regarding Western Sydney Airport

 

Ms Grieve, President of No Badgerys Creek Airport Inc, representing Penrith area residents, spoke in support of holding a forum, in the Penrith area, on the Western Sydney Airport, in order that local residents may be educated about the likely impacts of the proposed airport.   Ms Grieve stated that members of the local community are unable to easily locate information on the proposal and that it is not readily available.  Ms Grieve then outlined her experience of forums in other Local Government Areas.

 

161 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that an extension of time be granted to the speaker so that she may finish her address, the time being 7:45pm.

 

Ms Grieve concluded by urging Council to hold an information session where residents can be informed of Council’s position on the proposed airport, as well as details of flight paths and other issues of concern.

 

 

Ms Janie Burry

 

Item 2 – Update on Consultation regarding Western Sydney Airport

 

Ms Burry, and interested citizen, spoke in support of holding a local forum on the Western Sydney Airport and urged Council to follow through with this.  Ms Burry stated that she considered there were much better ways to deliver jobs in Penrith than by the building of the Western Sydney Airport.  Ms Burry focused her address on air and noise pollution issues as well as concerns over a 24 hour airport with no flight curfew.

 

162  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that an extension of time be granted to the speaker so that she may finish her address, the time being 7:56pm.

 

Ms Burry concluded by urging Council to utilise forums to inform local residents of the real impact of the Western Sydney Airport.

 

RESUMPTION OF STANDING ORDERS

163  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Todd Carney that Standing Orders be resumed, the time being 8:07pm.

 

 

Mayoral Minutes

 

1        Passing of Trevor Wholohan OAM

Councillors Ross Fowler OAM, Jim Aitken OAM and Greg Davies spoke in support of the Mayoral Minute.                                                                                                                                          

164  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the Mayoral Minute on Passing of Trevor Wholohan OAM be received.

 

 

2        Queen's Birthday Honour Recipient - Mr Des Manwaring

Councillor Todd Carney left the meeting, the time being 8:20pm.

Councillor Todd Carney returned to the meeting, the time being 8:21pm.

Councillor Ben Price left the meeting, the time being 8:21pm.

Councillor Ben Price returned to the meeting, the time being 8:22pm.

Councillors Ross Fowler OAM, Jim Aitken OAM and Greg Davies spoke in support of the Mayoral Minute.                                                                                                                                          

165  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the Mayoral Minute on Queen's Birthday Honour Recipient - Mr Des Manwaring  be received.

 

 

Reports of Committees

 

1        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 7 June 2017                                                                                           

166  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Joshua Hoole that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 7 June, 2017 be adopted.

 

2        Report and Recommendations of the Access Committee Meeting held on 14 June 2017                                                                                                                                     

167  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Mark Davies that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 14 June, 2017 be adopted.

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 3 July 2017                                                                                                                            

168  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Aaron Duke that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 July, 2017 be adopted.

 

4        Report and Recommendations of the Policy Review Committee Meeting held on 10 July 2017                                                                                                                            

169  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Todd Carney that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 10 July, 2017 be adopted.

Councillor Marcus Cornish asked that it be noted that he did not support the motion at Item 1 - High St, Linear Plaza Concept Amendment.

 

 

 


 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Prohibition on the establishment of cemeteries in the Mulgoa Valley

Councillor Kevin Crameri OAM left the meeting, the time being 8:29pm.

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:30pm.

Councillor Aaron Duke left the meeting, the time being 8:32pm.

Councillor Aaron Duke returned to the meeting, the time being 8:35pm.                                    

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

That:

1.    Council prepare a planning proposal to:

 

a.    amend LEP 2010 to remove “cemeteries” and “crematoriums” from the list of land uses permitted with consent from the E3 Environmental management zone;

b.    include an additional local provision that recognises the landscape value of the Wallacia Area and Mulgoa Valley, prohibits cemetery and crematoria development and overrides any other provision of LEP 2010.

 

2.    Council advise the NSW Government and the Greater Sydney Commission of its decision and offer to work with them in relation to the long term planning for the provision of cemeteries in suitable locations.

 

3.    Council write to the Premier for NSW, The Hon Gladys Berejiklian and the Minister for Planning, The Hon Anthony Roberts MP, seeking their support for the planning proposal detailed in Recommendation 1 above.

 

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

For

Against

 

Councillor Kath Presdee

 

Councillor Ben Price

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown

                                                        

Councillor Kevin Crameri OAM               

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Joshua Hoole

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor John Thain

 

 

2        Update on Consultation regarding Western Sydney Airport

Councillor Karen McKeown left the meeting, the time being 9:10pm.

Councillor Karen McKeown returned to the meeting, the time being 9:15pm.                            

A MOTION was moved by Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that Council hold a public forum at the St Marys Memorial Hall regarding the Western Sydney Airport.

 

171  An AMENDMENT was made by Councillor Ross Fowler OAM seconded Councillor Mark Davies:

That:

1.    The information contained in the report on Update on Consultation regarding Western Sydney Airport be received.

 

2.    Council write again to the Department of Infrastructure and Regional Development (DIRD) requesting an information session be held which will provide the information that has been previously provided to Council at a Councillor Briefing.

The AMENDMENT was PUT.

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

 

Outcome 3 - We can get around the City

 

3        Australian Government Blackspot Program and NSW Safer Roads Program 2018/19 – Nominations

Councillor Marcus Cornish left the meeting, the time being 9:22pm.

         

172  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kath Presdee

That:

1.    The information contained in the report on Australian Government Blackspot Program and NSW Safer Roads Program 2018/19 - Nominations be received.

2.    Council note the seven projects listed in Table 1 of this report are to be submitted to the Roads and Maritime Services for funding under the Australian Government Blackspot Program and NSW Safer Roads Program 2018/19.

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

 

 


 

 

Outcome 4 - We have safe, vibrant places

 

4        Tender Reference 16/17-18, Weir Reserve Rowing Dock                                             

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

That:

1.    The information contained in the report on Tender Reference 16/17-18, Weir Reserve Rowing Dock be received.

2.    Fleetwood Urban Pty Ltd be awarded the contract for the Design and Construction of Rowing Dock Extension including the variation requiring the adjustment to a stormwater pipe, for an amount of $194,803 excluding GST.

3.    The remaining surplus funds of $25,197 excluding GST be used to extend an additional 3.6 lineal metres of dock extension in accordance with the tendered rate of $6,516 per lineal metre, or fund other dock improvements subject to consultation with the funding authority and all relevant stakeholders.

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

 

5        Tender Reference 16/17-20, Construction of Toilet Amenities and Associated Works at Dukes Oval, Emu Plains and Smith Park, Castlereagh                                

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

That:

1.    The information contained in the report on Tender Reference 16/17-20, Construction of Toilet Amenities and Associated Works at Dukes Oval, Emu Plains and Smith Park, Castlereagh be received.

2.    Westco Building Consultants Pty Ltd be awarded the Contract for the Construction of Toilet Amenities and Associated Works at Dukes Oval, Emu Plains and Smith Park, Castlereagh, for an amount of $ 450,900.00 excluding GST.

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

 

 


 

 

Outcome 5 - We care about our environment

 

6        Roadside Reserve Environmental Management Grant

Councillor Kevin Crameri OAM left the meeting at 9:22pm and did not return.                          

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

That:

1.    The information contained in the report on Roadside Reserve Environmental Management Grant be received.

2.    Council endorse the acceptance of the $50,000 Roadside Reserve Environmental Management grant from the NSW Environmental Trust, which is administered by Local Government NSW.

 

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

 

7        Multicultural Working Party - Community Member Casual Vacancy                          

176  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Aaron Duke

That:

1.    The information contained in the report on Multicultural Working Party - Community Member Casual Vacancy be received.

2.    Kate Tye from Wentworth Healthcare Limited Primary Health Network be appointed as a community member to Council’s Multicultural Working Party for the two year term 2017-2019.

 

Outcome 7 - We have confidence in our Council

 

9        Borrowing Program 2016-17                                                                                            

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

That:

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

2.    Council be advised that NSW TCorp was the successful lender for the $2,200,000 new monies and CBA was the successful lender for the renewal loans that comprised the 2016-17 Borrowing Program

3.    Council be advised that offers will be requested for the $4,100,000 renewal of the CBD Drainage Loan in November 2017

 


 

 

10      Easement for Drainage Purposes burdening Council Drainage Reserve (Lot 10 DP38927)                                                                                                                            

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

That:

1.    The information contained in the report on Easement for Drainage Purposes burdening Council Drainage Reserve (Lot 10 DP38927) be received

2.    Council grant a Drainage Easement over Lot 10 DP38927 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.

 

11      Outcome of 5 Litigation Matters in the Land and Environment Court                        

179  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the information contained in the report on Outcome of 5 Litigation Matters in the Land and Environment Court be received.

 

12      Audit Committee                                                                                                                

180  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the information contained in the report on Audit Committee be received.

 

13      Summary of Investments & Banking for the period 1 June to 30 June 2017             

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

That:

1.    The information contained in the report on Summary of Investments & Banking for the period 1 June to 30 June 2017 be received

2.    The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 June 2017 to 30 June 2017 be noted and accepted.

3.    The graphical investment analysis as at 30 June 2017 be noted.

 

8        Tender Reference 16/17-13, Provision of Catering Services                                       

182  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Aaron Duke that consideration of this matter be deferred in order that further information may be made available to Councillors at a Councillor Briefing.

 

Councillor Marcus Cornish returned to the meeting, the time being 9:23pm.

 


 

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS

 

RR 1           Maintenance of Blaxland Crossing Bridge, Wallacia     

Councillor Ross Fowler OAM requested a memo reply to all Councillors investigating the possibility of the speed zone in the area of Blaxland Crossing Bridge, Wallacia, during current maintenance works, being amended from 40 kph for all vehicles to 40 kph for trucks and 60 kph for cars.

 

RR 2           Night Time Economy in Queen Street, St Marys  

Councillor Aaron Duke requested a report to Council outlining strategies to improve the night time economy of Queen Street, St Marys once the current works have been completed, with a view to promoting the positive attributes of Queen Street.

 

UB 1           Dragon Boat Festival - Florence 2018 

Councillor Greg Davies requested that an amount of $1,000 be allocated equally from all Wards’ voted works to assist with the cost of the Pendragon representatives from the Penrith area attending the Dragon Boat Festival in Florence from 6-8 July 2018.

 

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

 

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

 

184  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish that an amount of an amount of $1,000 be allocated equally from all Wards’ voted works to assist with the cost of the Pendragon representatives from the Penrith area attending the Dragon Boat Festival in Florence from 6-8 July 2018.

 

RR 3           Queen Street, St Marys Renovations  

Councillor Greg Davies requested a memo reply to all Councillors providing completion dates for the Queen Street, St Marys renovations, specifically whether they will be completed prior to the Spring Festival and, if not, if there is contingency plan in place for the Spring Festival.

 

RR 4           Woodriff Gardens parking time limits 

Councillor Todd Carney requested an urgent report to Council investigating the possibility of amending the current 9 hour parking time limit in the Woodriff Gardens Carpark to a 12 hour parking time limit.

 

UB 2           Allocation of voted works - Opera run by Lorenzo Rositano  at Joan      Sutherland Performing Arts Centre      

Councillor Karen McKeown requested that an amount of $1,500 made up of $500 from each Ward’s voted works be allocated to fund the deposit to the Joan Sutherland Performing Arts Centre for an opera run by Lorenzo Rositano in October.

185  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Aaron Duke that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

186  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Aaron Duke:

That:

1.    An amount of $1,500 made up of $500 from each Ward’s voted works be allocated to fund the deposit to the Joan Sutherland Performing Arts Centre for an opera run by Lorenzo Rositano in October.

 

2.    Council write to Mr Lorenzo Rositano advising him that funding for such events may in future be available through application to the Community Assistance Program.

 

UB 3           Request for Leave of Absence   

Councillor Tricia Hitchen requested Leave of Absence from 2 August 2017 to 25 August 2017 inclusive.

187  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Marcus Cornish that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

188  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Marcus Cornish that Leave of Absence be granted to Councillor Tricia Hitchen from 2 August 2017 to 25 August 2017 inclusive.

 

RR 5           Community Recycling Centre    

Councillor Tricia Hitchen addressed the meeting on the new Penrith Community Recycling Centre which opened on 20 July 2017 at St Marys.  Councillor Hitchen outlined what items can be disposed of, free of charge, at the Recycling Centre and stated that she viewed it as a great asset for Penrith City.

 

RR 6           Construction of the Nepean River Green Bridge  

Councillor Marcus Cornish requested a memo reply to all Councillors, addressing the following queries regarding the construction of the Nepean River Green Bridge:

1.     Will the temporary pylons used in construction of the Nepean River Green Bridge be completely removed after construction is completed?

2.    What will be the final colour of the footbridge and who will be responsible for maintaining the painted surfaces?

3.    Has the gifting of the construction shed been factored into the final cost and what is this cost expected to be?

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:46pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·  Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                               

   


Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        Passing of Evelyn Doreen Warburton OBE                                                                       1

 

 

 



Ordinary Meeting                                                                                               28 August 2017

 

Mayoral Minute

Passing of Evelyn Doreen Warburton OBE

           

 

It is with great sadness that I note the recent passing of Penrith creative arts trailblazer and legend, Evelyn Doreen Warburton OBE.

 

Doreen, as she was known, was born in London in 1930. Her parents migrated to Australia in 1949. After touring the United Kingdom extensively for five (5) years with the famous Theatre Workshop Doreen joined her parents in Australia in 1953.

 

The word “first” is often linked with the name Doreen Warburton. She was the first person to organise workplace performances in Sydney at the end of the Second World War, the first woman to direct a play at the Sydney Opera House and she is widely recognised as the first person to bring theatre to Western Sydney.

 

The Q Theatre commenced in 1963 and enjoyed 13 years of successful productions in Circular Quay and other various locations. In 1976 the Q set about creating a fully professional theatre organisation in Penrith.

 

It was because of her vision, her tremendous energy and her enthusiasm that Doreen Warburton was able to garner considerable active local involvement and interest from supporters of the proposed new theatre. In 1977 the Penrith Railway Institute Building was converted to a 126-seat theatre, it was at this stage Doreen Warburton’s name became synonymous with Penrith. The Q opened in 1977 with the contemporary hit musical Lock Up Your Daughters.

 

By 1980 the Q achieved over 90% capacity at its shows, this was due to strong community engagement, making the theatre available to other organisations and activities, a low price policy and an energetic and engaging house-style of production. The company regularly explored local themes, with rock musicals such as the successful 'St Mary's Kid' of 1978. Over seven years, four nights a week from March to December, the Q staged 33 productions and undertook extensive tours of shows. In 1979 Doreen received an OBE for her theatre work, and after many successful productions retired from the Q in 1989.

 

Today the purpose-built Q Theatre within the Joan Sutherland Performing Arts Centre is an integral part of the Penrith community and is a leading force in the cultural vitality of our city. We owe Evelyn Doreen Warburton a huge debt of gratitude for her foresight and her belief in our City.

 

On behalf of my fellow Councillors and the community of Penrith, I’d like to offer our deepest sympathies to Doreen’s family.

 

 

Councillor John Thain

Mayor

 

RECOMMENDATION

That the Mayoral Minute on Passing of Evelyn Doreen Warburton OBE be received.

 

  


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Resilience Committee Meeting held on 5 July 2017                                                                                                                                              1

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 7 August 2017                                                                                                                                    5

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 14 August 2017                                                                                                                                  24

 

 

 



Ordinary Meeting                                                                                               28 August 2017

 

REPORT AND RECOMMENDATIONS OF THE
 Resilience Committee MEETING

HELD ON 5 July, 2017

 

 

 

PRESENT

Councillors Karen McKeown (Chair) and Kath Presdee, Suzanne Dunford, Carina Fernandes, Associate Professor Bradley Forssman, Helen Ryan, Jeremy Spinak, Nevin Sweeney, Dr Teresa Swist and Michelle Tormey.

 

IN ATTENDANCE

Craig Butler – Assistant General Manager, Sandy Davies – Executive Manager People and Capability, Carmel Hamilton – Sustainability Coordinator, Andrew Hewson – Sustainability Education Officer, Kristin Gabriel – Senior Project Manager Resilient Sydney at the City of Sydney.

 

 

APOLOGIES

His Worship the Mayor, Councillor John Thain.

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

WELCOME & INTRODUCTIONS

 

Councillor McKeown welcomed the Committee and thanked everyone for taking part in this newly formed Committee of Council. Each meeting attendee introduced themselves.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 5 - We care about our environment

 

1        Inaugural Meeting of the Resilience Committee

Sandy Davies presented the report which provided an introduction to the newly formed Resilience Committee. Information on governance surrounding the Committee including Council’s Code of Conduct and conflicts of interest was covered. There was also a short introduction to local government, Penrith City Council in particular, it’s breadth of activities and corporate planning framework.                                                                                                                                    

RECOMMENDED

That the information contained in the report on the Inaugural Meeting of the Resilience Committee be received.

 


 

 

2        Resilient Sydney Program

Kristin Gabriel, Senior Project Manager of the Resilient Sydney project hosted by the City of Sydney gave an overview of the Resilient Sydney program which covers all of Metropolitan Sydney. 

 

Information on the history of the program, the findings of the Preliminary Resilience Assessment, results of community and stakeholder engagement, as well as the next steps in the program were covered.

There was discussion following the presentation around the continuation of the program past it’s 2 year term, along with its linkages with work being undertaken by the Greater Sydney Commission. There was also discussion on how specific issues will be addressed in the resulting plan, for example food security. The opportunity for linkages between the Resilience Committee and the work coming out of the Resilient Sydney project was also discussed.        

RECOMMENDED

          That:

1.   The information contained in the report on Resilient Sydney Program be received.

 

2.   Kristin Gabriel be thanked for attending the meeting and providing a presentation on the Resilient Sydney project.

 

Outcome 7 - We have confidence in our Council

 

3        Overview of Sustainability Program

Carmel Hamilton presented the report, providing an overview of Penrith Council’s  Sustainability program. Council has had a sustainability program in place since 2000 covering energy and water management, emissions reduction, community and corporate engagement and climate change adaptation. Resilience is an emerging area that is also being resourced from this area.  Council is continually looking for more opportunities for sustainability programs and ongoing improvements in this area.

There was some general discussion of likely future opportunities to collaborate across some shared program areas with the Sydney Science Park, and Western Sydney    University through their ‘Cooling the Commons’ research.

RECOMMENDED

 

That the information contained in the report on Overview of Sustainability Program be received.

 

 


 

GENERAL BUSINESS

 

GB1           Focus of Next Meeting       

Councillor Karen McKeown suggested that the next meeting could be used as a planning meeting to work on the future focus areas of the group. There was some discussion and it was broadly agreed that the meeting should be used to help define the future priorities of the Committee.

It was also agreed that it may be useful to engage a facilitator to manage the discussion process. The broad nature of resilience has the potential to make focussing a challenge. Assistance with finding some agreement on what domains are most important to the group and what major initiatives the Committee could be working towards will be valuable.

Council officers to investigate for next meeting.

 

GB2           Upcoming Meeting Schedule      

Sandy Davies advised that as Easter falls early in 2018 the current proposed meeting date of Wednesday 4 April may not work for representatives and that an alternative date may need to be considered outside of school holidays.

A new proposed meeting date will be brought to the next meeting for consideration.

 

GB3           Opportunities for Committee      

Suzanne Dunford noted the cross cutting nature of resilience, and that it doesn’t fit neatly into any one of Council’s Strategic Directions, but instead could sit above them all. There was general agreement with this statement and an acknowledgement that at this point in time it is sitting in Outcome 5 – We care for our Environment.

Suzanne also noted that the Committee is well placed to promote and advocate some of the high quality work that is being delivered within Penrith and to build and add to it. There was general agreement with this statement.

 

GB4           Information Packs Available on USB  

Carmel Hamilton advised that a USB drive is available to each Committee representative which includes documents that have been discussed during today’s meeting including the Code of Conduct, the Preliminary Resilience Assessment and City Context Report from the Resilient Sydney program, and other general information that may be of interest including Council’s 2017-21 Delivery Program. 

 

GB5           Waste Contract          

Councillor Kath Presdee suggested that the work currently being undertaken by Council around the upcoming waste contract for household waste is likely to be of interest to the Committee. This is also potentially an area where the Committee could provide some input, dependent on timings. Councillor Presdee requested a report on the CES Strategy at the next meeting.

Council officers will investigate a report and possible presentation for the next Resilience Committee Meeting.

 

 

There being no further business the Chairperson declared the meeting closed the time being 7:40pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 5 July, 2017 be adopted.

 

 

 


Ordinary Meeting                                                                                               28 August 2017

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 7 August, 2017

 

 

 

PRESENT

Councillor Karen McKeown, Wayne Mitchell (Chair) – Executive Manager Environment and City Development, Laura Van Putten – Roads and Maritime Services, Matthew Shirvington – Penrith Police LAC, Stephen Page – St Marys Police LAC.

IN ATTENDANCE

Councillor Marcus Cornish, David Lance – Roads and Maritime Services, Steve Grady – Busways, Jodie Mallia – Comfort Delgro Cabcharge NSW (Blue Mountains Transit), Nick Veljanovski – Transit Systems NSW, Adam Wilkinson – Engineering Services Manager, David Drozd – Traffic Engineering Coordinator, Daniel Davidson – Senior Traffic Engineer, Ruth Byrnes – Senior Traffic Officer, Catherine Waerner – Road Safety Officer, Kevin King – Trainee Engineer, Bernie Meier – Signs and Linemarking Officer, Steve Purvis - Senior Ranger.

LEAVE OF ABSENCE

Leave of Absence was previously granted to Deputy Mayor, Councillor Tricia Hitchen (Representative for the Member for Penrith) for the period 2 August 2017 to 25 August 2017 inclusive.

APOLOGIES

Councillor Aaron Duke (Representative for the Member for Londonderry), Graham Green – Senior Traffic Engineer.

 

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

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

 

DECLARATIONS OF INTEREST

 NIL

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Tench Avenue, Jamisontown - Proposed Traffic Calming Facilities                          

Councillor Marcus Cornish advised the Committee of his concerns about the effectiveness of the proposed speed humps in reducing speeding vehicles on the long stretch of road that is Tench Avenue, Jamisontown. Councillor Marcus Cornish also enquired about the need for street lighting at the location of the proposed speed humps. Furthermore, Councillor Marcus Cornish requested of the Committee for consideration of raised pedestrian crossings to be installed in Tench Avenue, Jamisontown.

David Drozd – Traffic Engineering Coordinator advised that a pedestrian refuge island currently exists at the northern end of Tench Avenue, near Nepean shores. David Drozd also advised that the proposed speed humps have been designed to be 150 metres apart to best slow vehicles down. He also advised that street lighting at the proposed speed humps are not necessary, due to the requirement for speed humps to have adequate line marking and signage to be visible for drivers. 

Sergeant Matthew Shirvington of Penrith Police LAC enquired if consultation with affected properties will be undertaken in relation to the proposed installation of the speed humps. Sergeant Matthew Shirvington also expressed his concern to the Committee about the effectiveness of the proposed speed humps in reducing instances of speeding. This is highlighted by reported instances to the Penrith Police LAC where speed humps have been used for antisocial driver behaviour and have been found to encourage “hoon” activity. Sergeant Matthew Shirvington suggested to the Committee for consideration of chicanes or slow points as a treatment measure.

David Drozd – Traffic Engineering Coordinator advised the Committee that chicanes and slow points were considered during the design phase, however, they were not conducive to the current road environment in Tench Avenue, Jamisontown and would result in a loss of parking spaces if implemented.

Adam Wilkinson – Engineering Services Manager advised that speed humps are believed to be the most effective intermediate treatment to address the issue of speeding during the interim, while planning to upgrade Tench Avenue occurs. It was also highlighted that speed humps also serve to remind drivers that it is a high pedestrian activity area.

David Lance of Roads and Maritime Services (RMS) supported the effectiveness of speed humps.

Laura Van Putten of RMS requested that 25km/hr speed advisory signs be installed near the proposed speed humps. Laura Van Putten also requested that barriers such as bollards, fencing or garden beds be installed on the eastern side of the proposed speed humps to ensure that drivers do not attempt to go around the speed humps.

RECOMMENDED

That:

1.   The information contained in the report on Tench Avenue, Jamisontown - Proposed Traffic Calming Facilities be received.

 

2.   Consultation with affected properties be undertaken regarding the proposed three (3) Watts profile speed humps constructed at 75mm high, approximately 150m apart on Tench Avenue, adjacent to Tench Reserve.

 

3.   Subject to no substantial objections being received, amended Design Plan TES004 for a series of three (3) Watts profile speed humps constructed at 75mm high, approximately 150m apart on Tench Avenue, adjacent to Tench Reserve and 25km/hr speed advisory signage be endorsed for construction (as shown in Appendix 1).

 

4.    The project be funded from the 2017-2018 LTC/Urgent Traffic Facilities budget.

 

 

2        Western Sydney Marathon, Sydney International Regatta Centre - Saturday, 30 September 2017                                                                                                                 

RECOMMENDED

That:

1.    The information contained in the report on Western Sydney Marathon, Sydney International Regatta Centre - Saturday, 30 September 2017 be received.

2.    The event applicant be advised that this is a Class 3 Event under the “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified must be complied with prior to the event. 

 

3.    Approval be given for the temporary closure of Old Castlereagh Road, between the SIRC Gate B and the termination of Old Castlereagh Road, Castlereagh from 4.30am to 2.00pm on Saturday 30 September, 2017.

 

4.    The Traffic Management Plan for the Western Sydney Marathon at the Sydney International Regatta Centre on Saturday 30 September, 2017 be endorsed, subject to the following conditions:

 

(a)       The event applicant obtains separate approval from the NSW Police with a copy of the NSW Police approval must be submitted to Council prior to the event.

 

(b)       Any affected properties along the event route, including the Castlereagh Christian Conference Centre, be advised of the proposal by the applicant.

 

(c)       The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $20 million, 30 days prior to the event.  In addition, the event applicant indemnifies Council, in writing, against all claims for damage and injury which may result from the proposed event.

 

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

 

(e)       Where Traffic Controllers are to be used, all Traffic controllers have current Roads and Maritime Services certification.

 

(f)        The event applicant provides advice to Council prior to the event that the event complies with the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

 

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

 

(h)       The event applicant notifies the Ambulance Service of NSW, fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Service of the proposed event and submits a copy of the notification to Council prior to the event.

 

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

 

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

 

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

 

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

5.    Any proposed speed limit reductions are subject to the separate approval of the Roads and Maritime Services.

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

7.    As a requirement of the RMS “Guide to Traffic and Transport Management for Special Events 2006” this approval endorsing the Traffic Management Plan is to be considered as Council’s authorisation to regulate traffic on Council’s roads.

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

 

3        Ridgetop Drive, Glenmore Park - Proposed Double-Barrier Linemarking                 

Councillor Marcus Cornish requested of the Committee that a review be undertaken of road bends in Glenmore Park with regards to providing similar double- barrier linemarking.

Adam Wilkinson – Engineering Services Manager advised that Council aims to limit intervention involving the proliferation of signage and linemarking that is not necessary, and seeks to target areas of concern. Adam Wilkinson advised that conducting a blanket review of Glenmore Park would be subject to resources and funding and will take Councillor Marcus Cornish’s request into consideration when undertaking future investigations and reviews in Glenmore Park.  

RECOMMENDED

That:

1.    The information contained in the report on Ridgetop Drive, Glenmore Park - Proposed Double-Barrier Linemarking be received.

2.    Consultation be undertaken with affected residents and property owners in Ridgetop Drive.

3.    Subject to no substantial objections approximately 35m of double-barrier linemarking be installed on Ridgetop Drive, Glenmore Park, as shown in Appendix 1.

4.    The residents who raised the matter with Council be notified of Council’s decision.

 

4        Forestwood and Bluestone Drive, Glenmore Park - Proposed 'No Stopping' Signage                                                                                                                                             

RECOMMENDED

That:

1.    The information contained in the report on Forestwood and Bluestone Drive, Glenmore Park - Proposed 'No Stopping' Signage be received.

2.    Consultation be undertaken with adjoining businesses and properties.

3.    Subject to no substantial objections, ‘No Stopping’ signage be installed at the intersection of Forestwood and Bluestone Drive, Glenmore Park as shown in Appendix 1.

4.    The Resident who raised the matter be informed of the outcome.

 

 

5        The Crescent, Penrith - Proposed 'No Stopping' Signage                                           

Wayne Mitchell(Chair) – Executive Manager Environment and City Development enquired about the proposed 10 metre length requirement of ‘No Stopping’ restrictions (5 metres either side of pram ramp). 

David Drozd – Traffic Engineering Coordinator advised that there is no clear length requirement for ‘No stopping’ restrictions across pram ramps and advised that Council is being consistent with other locations having ‘No stopping’ restrictions across pram ramps.

Councillor Marcus Cornish request to the Committee for the pedestrian footpath to be extended further east along The Crescent, Penrith.

Adam Wilkinson – Engineering Services Manager advised that Council will review and investigate the possibility of extending the pedestrian footpath further east along The Crescent. This matter will be referred to Council’s Asset Management team for consideration.

RECOMMENDED

That:

1.    The information contained in the report on The Crescent, Penrith - Proposed 'No Stopping' Signage be received.

2.    ‘No Stopping’ signage be installed on The Crescent, Penrith as shown in Appendix 1.

3.     Council’s City Works Department be request to extend the current footpath further east along The Crescent, Penrith.

4.    The Resident who raised the matter be informed of the outcome.

 

 

 

 

 

 

 

 

 

 

 

6        Goldmark Crescent, Cranebrook - Proposed Double Barrier and Edge Linemarking                                                                                                                                             

RECOMMENDED

That:

1.    The information contained in the report on Goldmark Crescent, Cranebrook - Proposed Double Barrier and Edge Linemarking be received.

2.    Double barrier centre line marking be installed for the length of Goldmark Crescent, Cranebrook, as shown in Appendix 1.

3.    Edge line marking be provided for the length of Goldmark Crescent, Cranebrook as shown in Appendix 1.

 

 

7        "REAL" Festival -  Friday, 3 November to Sunday, 5 November 2017 - Tench Avenue, Jamisontown                                                                                                      

Sergeant Matthew Shirvington of Penrith Police LAC enquired about the operation and use of the water-filled barriers to close roads for similar events.

Ruth Byrnes – Senior Traffic Officer advised that although the water-filled-barriers do take time to set up and pack up, they are effective barrier option used to close roads.

Councillor Marcus Cornish made reference to the previous “REAL” festival event that occurred last year and raised concerns about traffic occurring on the western side of Nepean River at Emu Plains and also on Factory Road, Regentville with regards to access for vehicles to the Tench Reserve car park.

Ruth Byrnes – Senior Traffic Officer advised that a recent review has been undertaken of traffic movements travelling from Emu Plains and on Factory Road and advised that arrangements have been made for traffic controllers to manage traffic and access for vehicles.

Steve Grady of Busways advised the Committee (for their information) that the Warragamba bus service operates along Blaikie Road, Jamisontown via Mulgoa Road. Steve Grady advised that if no passengers wish to disembark in Blaikie Road, then the bus service will continue along Mulgoa Road and not travel down Blaikie Road.  

RECOMMENDED

That:

1.    The information contained in the report on "REAL" Festival -  Friday, 3 November to Sunday, 5 November 2017 - Tench Avenue, Jamisontown  be received.

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

3.    Approval be given for the temporary closure of the northbound lane of Tench Avenue, between Jamison Road and Cross Street, Jamisontown       from 7.00am Friday 3 November to 5.00pm Sunday 5 November, 2017, subject to Roads and Maritime Services (RMS) approval.

4.    The Traffic Management Plan for the “REAL” Festival 2017 from Friday 3 to Sunday 5 November, 2017 be endorsed, subject to the following conditions:

 

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

(b)       The event applicant obtains separate approval from the NSW Police prior to the event.  A copy of the NSW Police approval must be submitted to Council prior to the event.

(c)       The event applicant delivers an information letterbox drop and personal communication to all business proprietors, property owners/tenants/residents in the affected streets two weeks prior to the event. 

(d)       The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $20 million, prior to the event.  In addition, the event applicant shall indemnify Council in writing against all claims for damage and injury which may result from the proposed event.

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

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

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

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

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

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

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

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

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

5.      Any proposed speed limit reductions are subject to the separate approval     of the Roads and Maritime Services.

                   6.      As a requirement of the RMS “Guide to Traffic and Transport Management                      for Special Events 2006” this approval endorsing the Traffic Management                       Plan is to be considered as Council’s authorisation to regulate traffic on                             Council’s roads.

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

 

 

8        IRONMAN 70.3 - Sunday, 26 November 2017 - Sydney International Regatta Centre                                                                                                                                             

RECOMMENDED

That:

1.    The information contained in the report on IRONMAN 70.3 - Sunday, 26 November 2017 - Sydney International Regatta Centre be received.

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

3.    Subject to separate approval from the Roads and Maritime Services (RMS), approval be given for the temporary closure of the following roads:

 

*      McCarthy’s Lane, between gate and Castlereagh Road

*      Old Castlereagh Road, between SIRC and Castlereagh Road

*      Castlereagh Road, between Andrews Road and Springwood Road

*      Hinxman Road, between Castlereagh Road and Post Office Road

*      Brooks Lane, between Castlereagh Road and Wilshire Road

*      Wilshire Road, between Brooks Lane and Jockbett Road

*      Jockbett Road, between Wilshire Road and The Driftway

*      The Driftway, between Castlereagh Road and Londonderry Road

*      Leland Street, between Lugard Street and Old Castlereagh Road

*      Lugard Street, between Camden Street and Leland Street

*      Borec Road, between Cassola Place and Lugard Street

*      Cassola Place, from Borec Road; 

 

from 4.30am to 3.30pm on Sunday 26 November 2017.

 

4.    The Traffic Management Plan for the “Ironman 70.3 – Sydney 2017” be endorsed, subject to the following conditions:

 

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

 

(b)   The event applicant obtains separate approval from the NSW Police prior to the event.  A copy of the NSW Police approval must be submitted to Council prior to the event.

 

(c)   The applicant delivers an information letterbox drop and personal communication to all business proprietors, property owners/residents/tenants in the affected streets four weeks prior to the event.  Arrangements are to be made for residents who require essential access to/from their properties during the event.

(d)   The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $20 million, 30 days prior to the event.  In addition, the event applicant indemnifies Council in writing against all claims for damage and injury which may result from the proposed event.

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

 

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

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

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

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

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

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

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

(m) The event applicant advises competitors to obey road rules and Police directions during the event.

5.    Any proposed speed limit reductions are subject to the separate approval of the Roads and Maritime Services.

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

7.    As a requirement of the RMS “Guide to Traffic and Transport Management for Special Events 2006” this approval endorsing the Traffic Management Plan is to be considered as Council’s authorisation to regulate traffic on Council’s roads.

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

 

 

9        Nepean Triathlon - Sunday, 29 October 2017 - Sydney International Regatta Centre                                                                                                                                             

RECOMMENDED

That:

1.    The information contained in the report on Nepean Triathlon - Sunday, 29 October 2017 - Sydney International Regatta Centre be received.

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

3.    Subject to separate approval from the Roads and Maritime Services (RMS), approval be given for the temporary closure of the following roads in Cranebrook and Penrith:

 

·     Old Castlereagh Road

·     Leland Street

·     Gordon Street

·     Camden Street

·     Lugard Street

·     Borec Road

·     Jack Williams Drive

·     Cassola Place

 

       from 6.30am to 10.00am on Sunday, 29 October 2017.

 

4.    The Traffic Management Plan for the Nepean Triathlon on 29 October 2017 be endorsed, subject to the following conditions:

 

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

(b)   The event applicant obtain separate approval from the NSW Police and prior to the event. A copy of the NSW Police approval must be submitted to Council prior to the event.

(c)   The applicant delivers an information letterbox drop and personal communication to all business proprietors, property owners/residents/tenants in the affected streets four weeks prior to the event.  Arrangements are to be made for residents who require essential access to/from their properties during the event.

(d)   The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $20 million, 30 days prior to the event. In addition, the event applicant indemnify Council in writing against all claims for damage and injury which may result from the proposed event.

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

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

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

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

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

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

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

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

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

                   5.      Any proposed speed limit reductions are subject to the separate approval                       of the Roads and Maritime Services.

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

7.      As a requirement of the RMS “Guide to Traffic and Transport Management for Special Events 2006” this approval endorsing the Traffic Management Plan is to be considered as Council’s authorisation to regulate traffic on Council’s roads.

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

 

 

10      Quarry Road, Erskine Park - Proposed "No Stopping" Zone Signage and Double Barrier Linemarking                                                                                                          

RECOMMENDED

That:

1.    The information contained in the report on Quarry Road, Erskine Park - Proposed "No Stopping" Zone Signage and Double Barrier Linemarking be received.

2.    Consultation be undertaken with adjoining business and properties.

3.    Subject to no substantial objections, the extension of the ‘No Stopping’  signage and Double Barrier Line Marking be installed on Quarry Road, Erskine Park as shown in Appendix 1.

4.    The business operator who raised the matter be informed of the outcome. 

 

11      Tench Avenue, Jamisontown - Endorsement of Amended Design Plan AT87          

Steve Grady of Busways requested to the Committee that the proposed indented bus zone signage shown in Design Plan AT87 be increased an additional few metres to encompass the whole indented bay and assist buses on approach and departure.  

Nick Veljanovski of Transit Systems NSW enquired about the grade level of the accessible parking space and enquired about kerb and guttering near the accessible parking space.

David Drozd – Traffic Engineering Coordinator advised that the accessible parking space is at-grade level and a pram ramp has been provided near the accessible parking space.

David Lance of Roads and Maritime Services (RMS) enquired about the presence of a concrete path connecting the pram ramp at the accessible parking space, to the shared use path.

David Drozd – Traffic Engineering Coordinator confirmed that there was an edge of seal access and that the concrete path does connect the pram ramp to the shared use path.

RECOMMENDED

That:

1.    The information contained in the report on Tench Avenue, Jamisontown - Endorsement of Amended Design Plan AT87 be received.

2.    Consultation be undertaken with adjoining properties regarding the proposed amendment to the previously approved Design Plan AT87 and Stage 2 Design Plan AT87 dated 31/7/17.

3.    Subject to no substantial objections being received, Design Plan AT87, Revision B dated 13/7/17 and Stage 2 Design Plan AT87 dated 31/7/17 be endorsed for construction, with the amended Bus Zone signage to encompass the indented Bus Zone, and clear access ensured between accessible parking spaces and the shared-use path.

 

12      Lakeview Drive, Cranebrook - Proposed 'Bus Zone'                                                    

RECOMMENDED

That:

1.    The information contained in the report on Lakeview Drive, Cranebrook - Proposed 'Bus Zone' be received.

2.    Consultation be undertaken with affected residents on Lakeview Drive, Cranebrook.

3.    Subject to no substantial objections, the existing ‘Bus Stop’ at 100 Lakeview Parade, Cranebrook be adjusted to a 19m long ‘Bus Zone’ and shown in Appendix 1.

4.    Busways be informed of the outcome.

 

13      Mulgoa Rise Community Fair - Pinnacle Ridge Park, Glenmore Park, Sunday 15 October 2017                                                                                                                      

Councillor Marcus Cornish raised concerns about parking around the Mulgoa Rise Community Fair event and requested that it be monitored.

RECOMMENDED

That:

1.    The information contained in the report on Mulgoa Rise Community Fair - Pinnacle Ridge Park, Glenmore Park, Sunday 15 October 2017  be received.

2.    The Traffic Management Plan for Mulgoa Rise Community Fair be endorsed and approval be given for the temporary road closure of the western end of Pinnacle Ridge and the southern ends of Middlebrook Rise and Capstone Terrace, Glenmore Park, on Sunday 15 October 2017 from 12pm to 4pm, subject to the following conditions:

a.   Confirmation be given to the event applicant that this is a Class 3 Event under the “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified in the Guide must be complied with prior to the event.

b.   The Traffic Management Plan, lodged by the event applicant with the Council prior to the event, is to be fully adhered to by traffic controllers, event staff/volunteers, patrons and residents. A Risk Management Plan is to be included if not already provided to Council.

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

d.   A detailed Traffic Control Plan be prepared by a qualified and certified professional and submitted to Council and NSW Police prior to the event. The Traffic Control Plan must clearly demonstrate a minimum 3.0m travel lane will be maintained for resident and emergency vehicle access for the duration of the proposed road closure.

e.   Where the Traffic Management and Traffic Control Plans indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification.

f.    The applicant obtains advice from NSW Police as to whether a Schedule 1 form, under the Summary Offences Act, is required to be submitted to Police. The applicant submits the Schedule 1 form to Police if required.

g.   The event applicant provides advice to Council prior to the event that the event complies with the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

h.   The event applicant provide variable message signage (VMS) in an appropriate location/s a minimum of 24 hours prior to the event, with the exact placement of the VMS (in or adjacent to the road reserve) to be submitted to Council for endorsement prior to erection. VMS boards should be located in accordance with the Roads and Maritime Services Technical Direction TDT2002/11c.

i.    The event applicant provide evidence of consultation with affected residents and evidence of resident concurrence with proposed road closures.

j.    The event applicant notifies the Ambulance Service of NSW, fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Service of the proposed event and submits a copy of the notification to Council prior to the event.

k.   The event applicant notifies private bus companies of the proposed event and submits a copy of the notification to Council prior to the event. 

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

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

n.   The event applicant ensures that event patrons and staff are advised to obey road rules and Police directions during the event.

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

 


 

14      Wattlebird Crescent and Ridgetop Drive, Glenmore Park - Design Plan Endorsement                                                                                                                     

RECOMMENDED

That:

1.    The information contained in the report on Wattlebird Crescent and Ridgetop Drive, Glenmore Park - Design Plan Endorsement be received.

2.    Design Plans AW-150 – Proposed Traffic Island at the Intersection of Wattlebird Crescent and Ridgetop Drive, Glenmore Park - Revision A - Dated 21 July 2017, be endorsed for construction, with funding provided from the 2017 / 2018 Urgent Traffic Facilities Program.

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

4.    The residents who reported the matter and Councillor Joshua Hoole be advised of Council’s resolution.

 

GENERAL BUSINESS

 

GB 1           Caddens Road, between Mariposa Circuit and O'Connell Lane,     Caddens - Endorsement of Design Plan      

David Drozd – Traffic Engineering Coordinator presented a proposal to the Committee of a Design Plan showing the permanent closure of the section of Caddens Road, between Mariposa Circuit and O'Connell Lane, Caddens.

Laura Van Putten of Roads and Maritime Services (RMS) requested of the Committee that the proposed ‘Right Turn Only’ signage be removed from the section of closed road on Caddens Road, between Mariposa Circuit and O’Connell Lane, Caddens and be replaced with yellow right turn arrow advisory signage.

David Lance of RMS enquired about the width of the western end of the proposed shared use path for pedestrians and cyclists that is to be constructed on the section of closed road on Caddens Road, between Mariposa Circuit and O’Connell Lane.

David Drozd – Traffic Engineering Coordinator advised that further plans will be developed specifying the measurements of the shared use path.

RECOMMENDED

          That:

1.   The information contained in Design Plan No. 933606 for the proposed permanent road closure works on Caddens Road, between Mariposa Circuit and O’Connell Lane, Caddens be received.

 

2.   Consultation be undertaken with affected properties regarding the proposed permanent road closure works on Caddens Road, Caddens.

 

3.   Subject to no substantial objections being received, amended Design Plan No. 933606 be endorsed for construction. 

 

4.   A street lighting assessment be conducted at the project site in accordance with Council’s Public Doman Light Policy (August 2014) to ensure compliance with the relevant lighting category.

 

5.   Emergency Services including Police, Fire Brigade and Ambulance Services be advised of Council’s resolution.

 

 

GB 2           High Street, Penrith - Proposed Accessible Car Parking Space

David Drozd – Traffic Engineering Coordinator presented a proposal to the Committee of a Design Plan showing an accessible car parking space on High Street, Penrith, due to the construction works being undertaken at the Triangle Park.

RECOMMENDED

          That:

1.   The information contained in Design Plan No. AH127 for the proposed construction of an accessible car parking space on High Street, Penrith be received.

 

2.   Design Plan No. AH127 for the proposed construction of an accessible car parking space on High Street, Penrith be endorsed for construction.

 

3.   The adjoining businesses be advised of Council’s resolution.

 

 

GB 3           Bennett Road and Erskine Park Road, Erskine Park - Intersection          Safety Concerns 

Nick Veljanovski of Transit Systems NSW expressed concerns to the Committee about safety at the intersection of Bennett Road and Erskine Park Road, Erskine Park.

David Drozd – Traffic Engineering Coordinator advised the Committee that the intersection of Bennett Road and Erskine Park Road, Erskine Park was nominated, along with other intersections, to be upgraded and Council has successfully received Federal funding for these upgrades. David Drozd also advised that design works are currently being prepared for traffic signals at Bennett Road and Erskine Park Road intersection and works will commence this financial year. He further advised that the upgrade works are estimated to be completed within the next three years and advised Nick Veljanovski that he will email him the estimated timeframe for the upgrade of this intersection.

RECOMMENDED

          That:

1.   Council’s Traffic Engineers contact Mr Nick Veljanovski of Transit Systems NSW and provide him with the estimated timeframe of the upgrade works to be undertaken at the intersection of Bennett Road and Erskine Park Road, Erskine Park.

 

2.   The Committee note the information.

 

GB 4           Old Bathurst Road, Emu Plains - Request for 'No Stopping' Signs        

Sergeant Matthew Shirvington of Penrith Police LAC advised the Committee about a recent traffic accident involving a driver exiting a driveway on Old Bathurst Road, Emu Plains, particularly to the west of the 7-Eleven petrol station and between Russell Street and Wedmore Road. Sergeant Matthew Shirvington requested of the Committee for ‘No Stopping’ signs to be installed on the southern side of Old Bathurst Road, Emu Plains, west of the 7-Eleven petrol station up to property No. 78 Old Bathurst Road.

RECOMMENDED

          That:

1.   Council’s Traffic Engineers review on-street parking conditions on Old Bathurst Road, Emu Plains between Russell Street and Wedmore Road and investigate the option of providing ‘No Stopping’ signs on the southern side of Old Bathurst Road up, to property No. 78 Old Bathurst Road.

 

2.   Sergeant Matthew Shirvington of Penrith Police LAC be advised of the outcome. 

 

 

GB 5           Frogmore Road and The Northern Road, Orchard Hills - Request for 'No Right Turn' Signage   

Sergeant Matthew Shirvington of Penrith Police LAC expressed concerns about the intersection of The Northern Road and Frogmore Road, Orchard Hills. Sergeant Matthew Shirvington also advised the Committee about the Principal of Penrith Christian School’s request for the implementation of interim safety works to be undertaken, whilst construction works are carried out to upgrade The Northern Road, particularly at its intersection with Frogmore Road, Orchard Hills.

Sergeant Matthew Shirvington requested that during the period of the construction works to upgrade the Northern Road, consideration be given to installing ‘No Right Turn’ signage on the Northern Road at its intersection with Frogmore Road, Orchard Hills.

David Drozd – Traffic Engineering Coordinator suggested to the Committee that temporary work zone traffic signals may be appropriate at the above-mentioned intersection due to the high volumes of traffic near this work zone. The request from Sergeant Matthew Shirvington will be referred to the RMS project team.

RECOMMENDED

          That:

1.   Council contact the Roads and Maritime Services (RMS) and request that they consider installing ‘No Right Turn’ signage, and/or temporary traffic signals on the Northern Road, at its intersection with Frogmore Road, Orchard Hills during the interim of the construction works to upgrade The Northern Road.

 

2.   Sergeant Matthew Shirvington of Penrith Police LAC and the Principal of Penrith Christian School be advised.

 

GB 6           Russell Street, Emu Plains - Request for Double Barrier (BB)        Linemarking                  

Councillor Marcus Cornish thanked the RMS for the completed works involving resurfacing the road on Russell Street, Emu Plains between the M4 Motorway and the Great Western Highway. Councillor Marcus Cornish raised safety concerns about the broken centre linemarking on Russell Street, Emu Plains allowing drivers to overtake, and requested that the broken centre linemarking be replaced with double barrier (BB) centre linemarking.

RECOMMENDED

          That:

1.   Council contact the Roads and Maritime Services (RMS) and request that they review Russell Street, Emu Plains between the M4 Motorway and the Great Western Highway and investigate the option of providing double barrier (BB) centre linemarking.

 

2.   Councillor Marcus Cornish be advised of the outcome. 

 

 

GB 7           Forbes Street, Emu Plains - 40km/hr School Zones and Orange    School Crossing Flags

Councillor Marcus Cornish enquired about the use of orange school crossing flags when the flashing 40km/hr school zones are in operation, particularly at Our Lady of The Way Primary School located on Forbes Street, Emu Plains.

Catherine Waerner – Road Safety Officer clarified that the orange school crossing flags are used to indicate that a children’s crossing facility is in operation. Catherine Waerner advised that Council works closely with schools in the Penrith LGA and contact school Principals to remind them to take down the orange school crossing flags when the children’s crossings are not in use.

RECOMMENDED

          That the Committee note the information.

 

 

GB 8           The M4 Western Motorway, Penrith - Motorists Using the      Breakdown Lane                   

Councillor Marcus Cornish advised the Committee of his concerns about vehicles queuing along the breakdown lane on the M4 Western Motorway, Penrith between The Northern Road and Mulgoa Road, and suggested an extended turning lane be provided.

RECOMMENDED

          That:

1.   Council’s Traffic Engineers contact the Roads and Maritime Services (RMS) and request that they investigate vehicles queuing along the breakdown lane on the M4 Western Motorway, Penrith between The Northern Road and Mulgoa Road and review options for improvement.

 

2.   Councillor Marcus Cornish be advised of the outcome.

 

GB 9           Ninth Avenue, Llandilo - Concerns about Heavy Vehicles     

Councillor Karen McKeown expressed concerns on behalf of residents regarding trucks and heavy vehicles travelling along Ninth Avenue, Llandilo and are parking and/or leaving their trailers on the side of the road. Councillor Karen McKeown enquired if Ninth Avenue had a load limit on it and requested for enforcement to be carried out.

Adam Wilkinson - Engineering Services Manager and Steve Purvis – Senior Ranger advised that Council will review the prevalence of a 3 tonne load limit on the section of Ninth Avenue, between Third Avenue and Second Avenue, Llandilo.

RECOMMENDED

          That:

1.   Council’s Rangers be requested to carry out enforcement and conduct patrols for instances of trucks and heavy vehicles travelling on, parking or dropping off their trailers on Ninth Avenue, Llandilo.

 

2.   Councillor Karen McKeown be advised of the outcome.

 

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

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 August, 2017 be adopted.

 

 

 


Ordinary Meeting                                                                                               28 August 2017

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 14 August, 2017

 

 

 

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Tricia Hitchen.

 

APOLOGIES

Apologies were received for Councillors Marcus Cornish and Joshua Hoole.

 

 CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 10 July 2017

The minutes of the Policy Review Committee Meeting of 10 July 2017 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

3        Neighbourhood Renewal Program - North St Marys

Councillor Jim Aitken OAM left the meeting, the time being 7:21pm.

Councillor Jim Aitken OAM returned to the meeting, the time being 7:22pm.                             

RECOMMENDED

That:

1.    The information contained in the report on Neighbourhood Renewal Program - North St Marys be received.

2.    Council endorse the continuation of activities in North St Marys as outlined in Attachment 1.

3.     Council endorse the work done by the Place Management team; Jeni Pollard, Heather Chaffey and Rubie Ireson.

 

 


 

Outcome 2 - We plan for our future growth

 

1        Hadley Park and Castlereagh Cemetery Heritage Listing Status                                

RECOMMENDED

That:

1.    The information contained in the report on Hadley Park and Castlereagh Cemetery Heritage Listing Status be received.

2.    Council make a submission of support to the proposed State Heritage Listing of Hadley Park when it is placed on exhibition.

3.    Council write to the Minister for Heritage and the Member for Londonderry to request their support for the State Listing of Hadley Park.

4.    Council write to the Executive Director of the Office of Environment and Heritage requesting reactivation of the nomination for State Heritage Listing of Castlereagh General Cemetery.

5.     A copy of the report and letter to the Executive Director of the Office of Environment and Heritage be sent to the Honourable Stuart Ayres MP, Minister for Western Sydney and Ray Hadley.

 

2        Accelerated Housing Delivery Program for New Release Areas                                 

RECOMMENDED

That:

1.    The information contained in the report on Accelerated Housing Delivery Program for New Release Areas be received.

2.    Council commence the Accelerated Housing Delivery Program, as detailed in this report.

3.    A report be prepared for Council to present the findings of the assessment of the nominations of the Accelerated Housing Delivery Program.

 

Outcome 7 - We have confidence in our Council

 

4        Draft Policy - Interaction between Councillors and Staff                                             

RECOMMENDED

That:

1.    The information contained in the report on Draft Policy - Interaction between Councillors and Staff be received.

2.    Council adopt the Interaction between Councillors and Staff Policy as appended to the report.

 

 


 

URGENT REPORT

 

5        Information on Mandatory Introduction of Independent Hearing and Assessment Panels

Councillor Mark Davies left the meeting, the time being 7:38pm

Councillor Mark Davies returned to the meeting, the time being 7:39pm                                    

RECOMMENDED

That:

1.      The information contained in the report on Information on Mandatory Introduction of Independent Hearing and Assessment Panels be received.

2.      The Mayor facilitate a meeting of the eight Western Sydney City Deal Mayors (Penrith, Liverpool, Camden, Campbelltown, Fairfield, Wollondilly, the Blue Mountains and Hawkesbury) with the Minister for Planning to discuss the impact compulsory Independent and Assessment Panels will have on City Deals projects.

3.      Council seek the support of the eight Western Sydney City Deal Councils in writing an open letter to the Ministers for Planning and Local Government expressing opposition to the recent changes to the Environmental Planning and Assessment Act.

4.      Council request Local Government NSW to lobby the State Government to reconsider the recent changes to the Environmental Planning and Assessment Act introducing compulsory Independent Hearing and Assessment Panels for Sydney metropolitan councils.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:32pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 14 August, 2017 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 1 - We can work close to home

 

1        Union Road Request For Proposal (RFP)                                                                         1

 

Outcome 2 - We plan for our future growth

 

2        Planning Proposal - Prohibition of cemeteries and crematoriums in Mulgoa Valley and Wallacia   

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

 

3        Development Application No. DA17/0311 for Demolition of Existing Structures & Construction of Two (2) x Six (6) Storey Residential Flat Buildings containing 79 Apartments & Basement Car Parking at Lot 2 DP 855996, (No 12) Vista Street, Penrith Applicant: Vista Group Pty Ltd;  Owner: ~William J Cammack

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                24

 

4        Heritage Assistance Fund 2017-2018                                                                             43

 

5        Request for Section 94 Contribution Waiver for Stage 1 of Development Consent DA15/0198 from Wentworth Community Housing, Nos. 11-15 Phillip Street, St Marys

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                46

 

6        Section 96(1A) Application No. DA16/1007.01 for Modifications to Consent Conditions for Approved Place of Public Worship at Lot 142 DP 876948, (No. 17-27) Factory Road, Regentville Applicant: Foothills Vineyard Church;  Owner: ~Isaiah's Vision Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                50

 

7        Section 96(2) Application No. DA15/0541.02 for Modifications to Approved Alterations & Additions to Nepean District Christian School Including Two (2) Additional Classroom Buildings & Deletion of Previously Approved Additions to Two (2) Existing Classroom Buildings & Staff Room at Lot 200 DP 804405, (No. 836-840) Mulgoa Road, Mulgoa Applicant: Bow Goold Architects;  Owner: ~Nepean District Christian Education Association Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                62

 

 

Outcome 3 - We can get around the City

 

8        2017/18 Australian Black Spot, Safer Roads and Active Transport Programs - Offer of Funding                                                                                                                             74

 

 

 

Outcome 4 - We have safe, vibrant places

 

9        Tender Reference 16/17-02, Building Maintenance and Construction                           80

 

10      Tender Reference 16/17-03, Electrical Trades                                                                87

 

11      Tender Reference 16/17-04, Plumbing Trades                                                               94

 

12      Tender Reference RFT 16/17-24, Design and Construction of Netball Courts, Jamison Park                                                                                                                                         101

 

13      Tender Reference RFT 16/17-19 for the supply and installation of Floodlighting to Fields 1 & 2 and Practice Field at Peppertree Reserve, Swallow Drive, Erskine Park              106

 

14      Tender Reference RFT 17/18-02, Construction of Shed and Freezer, Regentville Hall 112

 

15      Energy Efficient lighting in Council Sporting facilities                                                    115

 

16      Penrith Mayoral Challenge, Cambridge Park and Parkitects, Oxley Park                    121

 

 

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

 

17      Status of Compliance Service Activities                                                                        133

 

18      Glenmore Park Dog Park - Stronger Communities Program Grant Application           137

 

19      Application for Funding from Federal Department of Social Services - Community Resilience Grants Program                                                                                            141

 

 

Outcome 7 - We have confidence in our Council

 

20      Organisational Performance and Financial Review - June 2017                                  145

 

21      Tender Reference 16/17-13, Provision of Catering Services                                        152

 

22      Insurance Renewals 2017-18                                                                                        158

 

23      Summary of Investments & Banking for the period 1 July to 31 July 2017                   162

 

 

 


Outcome 1 - We can work close to home

 

Item                                                                                                                                                Page

 

1        Union Road Request For Proposal (RFP)                                                                         1

 

 



Ordinary Meeting                                                                                               28 August 2017

 

 

 

1

Union Road Request For Proposal (RFP)  

 

Compiled by:               Kate Speare, Economic Initiatives Manager

Authorised by:            Kylie Powell, Executive Manager - City Economy & Planning  

 

Outcome

We can work close to home

Strategy

Diversify the region's economy and attract investment, particularly targeting new and emerging employment sectors

Service Activity

Work with partners to create a more sustainable economy for Penrith and the region

    

 

Executive Summary

The purpose of this report is to allow Council to consider submissions received in response to the Request for Proposals (RFP) for development of Council’s Union Road car park site to deliver an additional 1,000 public parking spaces. The site is located at 15-61 Union Road and 101-107 Station Street.  The site is approximately 1.94 hectares and is zoned B4 allowing mixed use development.  The site is shown edged in heavy red in the map below.

 

Figure 1: Union Road car park site

 

A detailed report that included commercial-in-confidence information was submitted to the Council Committee of the Whole on 10 July 2017 to enable Councillors to consider the recommendation of the Evaluation Panel as a result of assessing the submissions received.  This report outlines the evaluation process and recommends that Frasers Property Australia (Frasers) be nominated as the preferred proponent for the purposes of entering into further negotiations based on their ‘alternate’ proposal. 

 

The Union Road car park site is identified in Council’s Parking Strategy as one of three sites for the provision of additional and consolidated public parking.  While the provision of public parking is a key driver for this project, the redevelopment of the site provides an opportunity for a mixed use development that delivers public parking while also making a positive contribution to the vision for the City Centre consistent with Penrith Progress: a call to action.  Development of the site could improve the built form, increasing the ‘walkability’ of the city, creating new public open spaces and strengthening our local economy. 

 

A two stage process was commenced in November 2015 to seek innovative and creative solutions to provide an additional 1,000 public parking spaces in addition to the existing 631 at-grade public parking spaces on the Union Road site as part of a mixed use development.  Stage 1 was an initial Expression of Interest (EOI). In response to the EOI, three proponents came forward with proposals for the site.  After assessment of their proposals, two proponents (being St Hilliers and Frasers Property Australia), were short-listed and invited to participate in Stage 2 –  Request for Proposal (RFP) on the basis that it was considered that those proponents were able to fulfill the requirements of the Council’s brief.  This allowed the proponents to submit detailed proposals in response to Council’s brief for the site. 

 

In response to the RFP process Council has received two strong, but very different proposals.

 

Frasers Alternate Proposal

 

·          A city transformational development that will set a new standard for urban living and sustainability in Penrith.  The proponent is an industry leader in sustainable development and responds to Council’s Cooling the City Strategy.

·          The proposal includes 6 residential apartment buildings of varying sizes ranging from 17 to 34 storeys that integrates a Council-owned public car park with 1,631 spaces into a podium. The ground level includes a mix of uses to sleeve the podium car park, providing for street level activity and adding to the architectural diversity of the podium.  The development proposed includes residential, retail, child care, public plaza and landscaped communal spaces.

·          Given the integrated nature of the development, the public parking is forecast to be delivered progressively in development stages from 2020 to 2027, subject to market conditions.

·          The public car park has been designed for future adaptive reuse with an increased floor to ceiling height.

·          The proposal provides for the public carpark of 1,631 spaces to be delivered at no capital cost to Council.  The proposed financial arrangements for the delivery of the Council-owned public parking would create an opportunity for Council to bring forward other parking projects within the city.

·          A Planning Proposal will be required to amend planning controls applying to the site to increase the FSR to 6:1 and with potential building heights up to 110m.  The community will be engaged during the planning processes, including when a planning proposal is submitted and once a development application is submitted, and as required by the Environmental Planning and Assessment Act.

 


 

St Hilliers Conforming Proposal

 

·          The St Hilliers conforming proposal is an evolution of current city centre developments, building upon their strong local knowledge and experience.

·          The proposal has good connectivity and sustainability commitments and has focused on the activation of Union Lane.

·          The proposal would deliver a free standing 1,631 multi-level public carpark by December 2019 that is owned by Council. 

·          The carpark would sit on approximately 1/3 of the site, with the remaining land to be used for a mixed use development including residential, retail and commercial uses.

·          This proposal does not require a Planning Proposal to amend planning controls.

·          The St Hilliers proposal requires Council to fund the capital cost of constructing the public carpark.  These costs will be in excess of the land payments to be received by Council as the mixed-use development progresses. 

In accordance with the RFP Evaluation Plan, an Evaluation Panel was established to assess the RFP submissions.  The Evaluation Panel prepared a detailed report to document their assessment of the proposals and support their recommendation regarding selection of a “Preferred Proponent”. 

 

The Evaluation Panel has recommended that Council nominate Frasers as the Preferred Proponent and to commence negotiations with them based on their ‘alternate proposal’.  A Preferred Proponent status will enable Council to negotiate with Frasers and prepare transaction documents for future approval by Council prior to execution. Importantly, a resolution to commence negotiations does not commit Council to proceed with the development at this time.

 

At this stage the commercial aspects of the Proponents proposals remain commercial-in-confidence to enable negotiations to be undertaken and for further studies to be undertaken to understand the broader community impacts of the Frasers alternate proposal. 

 

During the negotiation phase it is also intended to commence the engagement with relevant stakeholders including the Department of Planning and Environment, Office of Local Government and Greater Sydney Commission.

 

To facilitate the proposed development, an amendment to planning controls relating to building height and FSR is required.  As part of the normal process of preparing a Planning Proposal, Council will consult with the community and relevant government agencies. 

 

Background

 

Penrith is the New West, a place of limitless opportunities. As a Regional City with an economic catchment growing to over 1 million people, Penrith is transforming. The commitment of the Federal Government to build the Western Sydney airport at Badgerys Creek will contribute to the accelerated transformation of Penrith, which is the closest city centre to the new airport.

 

Penrith Council is a significant land owner in the city centre and has a stated commitment to use its assets strategically to deliver community outcomes. Council has been working to establish Penrith as a regional city centre over a number of years and particularly engaging in discussion with the community to prepare the Penrith Progression: a call to action.  Council has sought advice from industry experts, creatives and the community to establish a bold vision for the City Centre that is underpinned by a desire to strengthen our local economy and create local jobs.  Penrith Progression established a target of providing 10,000 jobs and 10,000 residents within the city centre.  A vibrant and attractive city centre provides amenity for a residential population that will sustain local businesses and further attract others to our city centre. 

 

Penrith Progression identified a number of opportunity precincts to focus activity that will transform the city centre, stimulating investment and building a vibrant population to support the local economy.  Additionally, Council’s Community Strategic Plan identifies the long term community aspirations for the City.  This includes outcomes related to being able to work close to home, planning for future growth and being able to get around the city.  Council’s Parking Strategy supports the vision and growth of the city centre by identifying sites for consolidated public parking.  The Union Road site is the first of these consolidated parking structures to be delivered and is currently an at-grade public carpark providing 631 car parking spaces on 1.94 Hectares of land that is zoned B4 allowing mixed use development.  Development of the site contributes to delivery of the outcomes identified in the Community Strategic Plan and supports the growth of the city centre.

 

Advice was sought from Council’s Property Development Advisory Panel (PDAP), which is made up of leading property industry experts, on how best to approach the Union Road site from a property development perspective.  Rather than build a free standing car park in isolation, it was generally considered that Council could potentially achieve a better urban outcome and economic boost for the City Centre if it called for Expressions of Interest to develop the site for mixed-uses in conjunction with the public parking requirement.

 

This is consistent with the aspirations for the City Centre set out in Penrith Progression: a call to action and Council’s efforts to promote investment in Penrith.   In November 2015, Council subsequently called for Expressions of Interest for development of the site which was to include provision of an additional 1,000 public parking spaces.

 

As a result of the Expression of Interest process, two proponents were invited to participate in a more detailed Request for Proposal (RFP) process.  The purpose of the RFP was to request detailed submissions from proponents to enable Council to potentially select a preferred proponent for the future redevelopment of the Union Road site.

 

To inform the RFP process and to provide a base line for assessment, Council engaged Cloustons to prepare a Reference Design for the site to identify how the site could be developed in conjunction with a public carpark structure.  It considered urban design principles, desired urban form and the future development of the City Centre. Hill PDA was engaged to provide advice regarding the development feasibility of the Reference Design.

 

Council prepared an RFP document to further articulate its expectations of the development, which was informed by the Reference design and site investigation works including geotechnical and contamination studies. To move forward in the process, proponents were required to submit a “conforming” bid.  To be a conforming bid, the proponent had to demonstrate how they would deliver 1,000 additional public parking spaces by December 2019.  Proponents were then also able to submit an “alternate” bid, allowing them to offer other development options for the site that would be considered at Council’s discretion.  The alternate proposals could deliver better outcomes for the Council and community by varying timeframes for delivery, number of car parking spaces, type of car spaces and ultimately, returns to Council.

 


 

The following is an overview of the process to date:

 

·          25 July 2016 - Council resolved to proceed to the RFP stage with two short-listed proponents, Frasers Property Australia and St Hilliers.

·          From June 2016 to October 2016 Council prepared the RFP document that was informed by site investigation work, risk assessments, a reference design and market analysis.

·          The RFP was released on 28th October 2016.

·          An Evaluation Plan was endorsed by O’Connor Marsden and Associates (Council’s probity advisor) to guide the evaluation of RFP submissions.

·          RFP submissions closed on 15th February 2017.

·          An Evaluation Panel was established to review the RFP submissions that included experts with experience in city planning and delivery of major projects involving government. They were supported by a range of technical advisors.  The Evaluation Panel completed their report, which was reviewed and supported by the Property Development Advisory Panel on 10 April 2017.

·          On 8 May 2017, the New West Steering Group reviewed the Evaluation Report and approved that a recommendation be submitted to Council for consideration.

·          A review of public parking in the city centre has also been undertaken to consider potential options to support the provision of 1,000 additional public parking spaces by December 2019.

 

·          A detailed report that included commercial-in-confidence information was submitted to the Council Committee of the Whole on 10 July 2017 to enable Councillors to consider the recommendation of the Evaluation Panel as a result of assessing the submissions received.

 

Evaluation Process

 

O’Connor Marsden and Associates (OCM) has provided the probity advice for the Union Road RFP process including the preparation of the RFP document, Evaluation Plan, managing conflicts of interest, RFP proponent interactive workshops and the RFP evaluation process.  OCM has been actively engaged throughout the entire RFP process to ensure that probity matters have been carefully considered and addressed.

 

The Evaluation Criteria and weightings used by the Evaluation Panel for the assessment of proposals were articulated in the RFP document.  The information required for the assessment of submissions was detailed in the RFP document returnable schedules and made known to the proponents.  Value for money and risk were considered as part of the review of each of the criteria, which were:

 

·          Concept (30% weighting)

·          Sustainability (15% weighting)

·          Commercial Terms (35% weighting)

·          Delivery Certainty (20% weighting)

 

Both proponents submitted conforming and alternate proposals that were assessed by the Evaluation Panel.

 

The St Hilliers conforming proposal was assessed in detail and proposed a freestanding public carpark and a mixed use development on the residual land.  The St Hilliers alternate proposal was not submitted in accordance with the returnable schedules and there was insufficient information for the Evaluation Panel to undertake a detailed assessment.

 

The Frasers conforming proposal met the RFP requirements but the Evaluation Panel considered the Frasers alternate proposal to be stronger in addressing the RFP requirements.  The Frasers alternate proposal related to the construction of a mixed-use development with a fully integrated public car park of 1,631 spaces, but did not meet the requirement to complete the public parking component by December 2019.

 

The Frasers alternate proposal was assessed in detail as it demonstrated it could deliver better outcomes for the Council and community by varying timeframes for car park delivery and improving returns to Council.  It provided opportunities for Council to bring forward other public parking provision within the city centre by December 2019, resulting in an overall increase in public parking beyond the 1,000 additional spaces on the Union Road site.

 

The Evaluation Panel completed their assessment of the RFP submissions and has recommended that Frasers be nominated as the Preferred Proponent based on their Alternate Proposal noting particularly:

 

Concept Design and Sustainability

 

·          The Frasers proposal is a project that is catalytic for the transformation of the City Centre. It is of a scale that is city shaping and will set a new benchmark for city projects.

·          Frasers have a strong, demonstrated commitment to sustainability and are considered industry leaders in this regard.

·          The integrated podium public carpark has the capacity for adaptive re-use in the future given the increased floor to ceiling heights (proposed to be 3.1m).

·          Frasers have assembled a strong team of award winning consultants to complement their in-house team.

Commercial Terms and Delivery Certainty

·          Council, subject to the full extent of the planning proposal being approved, will not be required to contribute to the capital cost of constructing the 1,631 public parking spaces.  Council will then have the opportunity to reallocate funding to provide additional public car parking on other city centre sites in parallel with the Union Road redevelopment.

·          Fraser has demonstrated capability and experience in delivering projects in partnerships with Government and Council.

·          Frasers have been independently assessed by Council using Corporate Scorecard who have concluded that Frasers have an appropriate credit rating

 

Public Parking Proposal to meet 1,000 additional public car spaces by December 2019

 

As previously noted, due to the integrated design of the Frasers alternate proposal the public parking will be progressively delivered on-site over a period of time.  This is expected to be a period 2020 to 2027.

 

As part of their proposal, Frasers have suggested that some temporary public parking could be provided on Council’s Carpenters site (located on the corner of High Street and Mulgoa Road).  To offset any loss of parking on the Union Road site while it is under construction, Frasers have proposed to construct 510 spaces on the Carpenters site, serving the western end of the city.  This provision is subject to RMS approval and Council agreement.  Frasers have proposed that 158 public spaces will remain available on the eastern edge of the Union Road site, while construction commences initially on the western end. Retaining some existing parking plus the introduction of the Carpenters site will result in the no net loss of parking during construction.

 

The Frasers alternate proposal will meet Council’s requirement to provide 1,000 additional public parking spaces on the site, but not by December 2019.  Despite not meeting Council’s preferred timing, the proposal has other merits that make it attractive.  One of these merits is that the proposal creates an opportunity for Council to reallocate funds to bring forward other public parking provision with the city centre.  This generates the potential for Council to deliver well in excess of the 1,000 additional parking spaces by 2027.  As a result, a preliminary review of other city centre sites that could be used to provide public parking has been undertaken.

 

Preliminary work has indicated that an additional 1,000 public car parking spaces can be provided by December 2019 by providing at grade parking at the Paceway and the North Street site and potentially a multi-level carpark on Soper Place consistent with Council’s Parking Strategy.

 

Further design and planning is required over the Soper Place and North Street sites to determine the final layouts and formats.  This report recommends that $1.2m, which has previously been reserved for the design of a multi deck car park, be allocated from the Financial Management reserve.

 

Commercial Terms and Risk

 

The commercial and financial aspects of the RFP responses are commercial-in-confidence and were considered by the Committee of the Whole at the extraordinary meeting on 10 July 2017.  This report seeks Council’s resolution to enter into further negotiations with Frasers as a preferred proponent.  When the commercial negotiations are concluded the details will be reported to Council to allow consideration of whether to enter into contractual arrangements.

 

The Frasers Alternate proposal has been based on Council entering into a Project Delivery Agreement (PDA) where Council retains land ownership and Frasers undertakes the development activities (including responsibility for all costs and development warranties to purchasers). This is a common form of transaction document that has been used by government for the Rouse Hill Town Centre and a number of Land and Housing Corporation Contracts.

 

The responsibilities of the Landowner and Developer for Union Road will be defined in the PDA and will be generally consistent with the following:

 

·         The Landowner (Council’s) responsibilities are limited. Council’s planning approval responsibilities will remain unfettered.

·         The Developer will be responsible for all costs, approvals, warranties, design and construction delivery obligations, titling, holding costs, Purchaser sale obligations and revenue risks, programing etc.

·         The Developer will indemnify Council against any Home Building Warranty liabilities that arise.

·         The PDA typically includes a pro forma sales agreement. This means that Council’s name will appear on the sale contracts of the apartments, however the cost and responsibility for the sale of the apartments is that of the Developer.

·         Council will receive a stratum public carpark for 1,631 car spaces in the podium (some of these spaces will be designated for disabled car spaces).

 

The following is an overview of the due diligence work undertaken as part of the evaluation of the RFP proposals.

 

·          Council has obtained a valuation report from Hill PDA (May 2017) for the 1.94 Hectare Union Road site being 101-107 Station Street and 13-61 Union Road (the Land). The Frasers alternate proposal represents good value when compared to the land valuation.

 

·          Frasers credit rating has been independently assessed by Council using Corporate Scorecard and this concluded that ‘Frasers Property Group’ have the Financial capacity to undertake the Union Road project.

 

The funding arrangements proposed by Frasers provides Council with an opportunity to reallocate funds for public parking to bring forward other public parking provision within the city centre by December 2019.  This provides an opportunity for Council to deliver in excess of the planned 1,000 additional public parking spaces on the Union Road site.

 

Council will need to adjust its Long Term Financial Plan and Asset Management Plan to accommodate any additional operational, asset renewal and maintenance costs of the Union Road car park facility and other additional parking in the city centre.

 

As part of the RFP process, Council engaged O’Connor Marsden and Associates (OCM) to provide detailed advice on management of probity issues.  OCM endorsed an Evaluation Plan for the RFP process and have been actively engaged in overseeing the implementation of the Plan.

 

A Risk Assessment was prepared and updated throughout the project.  The Risk Assessment identifies a number of risks for the Frasers Alternate Proposal that are similar to most large-scale development projects.  The risks will also be the subject of further discussions throughout the negotiation phase.  The following is a summary of the major risks:

 

Provision of public parking

 

The Frasers Alternate proposal delivers the 1,000 additional public parking spaces over a period from 2020 to 2027, subject to both planning approvals and market conditions.

 

This delivery risk can be mitigated by Council expediting the delivery of additional public car spaces on other sites within the city centre (Soper Place/North Street/Paceway) and could be achieved by December 2019. 

 


 

Planning Approvals

 

The scale of the proposal requires an amendment to the planning controls for the site in relation to height and floor space ratio.  A Planning Proposal will be prepared to request the changes to the controls and will address the planning merits of the changes and resolution of issues relevant to the site, such as traffic and access, flooding and stormwater management, solar access and site permeability.  While some work has been undertaken in the preparation of the proposal submitted by Frasers, there may be a need for further studies. 

 

There will be opportunity for public consultation as part of the normal process of dealing with similar changes to planning controls. 

 

Commercial risks

 

The timing of delivery of the project is subject to market conditions.  If there is a deterioration in market conditions, this is likely to slow the construction program.  The direct impact of this relates primarily to the delivery of public parking on the Union Road site, and as discussed above, can be mitigated by Council completing additional public parking projects as detailed with in this report.

 

There may be a need to increase the allowances that have been provided for infrastructure works (traffic and intersection improvements, stormwater mitigation and the like).  Further technical studies may be undertaken during the negotiation period to inform likely costs and Council’s position with respect to the Frasers proposal.

 

CFO comments on value for money and commercial terms

 

Having had regard to a land valuation prepared for the site and a detailed assessment of the proposed commercial and financial terms with the assistance of Hill PDA, the Frasers Alternate proposal presents as a good value for money proposal for the development of the site that will include the delivery of an additional 1,000 public parking spaces that will be owned by Council.  While there remain some detailed points to be negotiated, Council has received sufficient information to warrant proceeding to a negotiation phase with a preferred proponent.  It is noted that this does not commit Council to the development at this time and that a further report will be brought to Council for consideration of the outcomes of the negotiations and to seek a resolution on whether to proceed.

 

A credit check has been undertaken for Frasers and indicates that they have above average rating for similar companies.  They have a strong balance sheet, a proven track record of delivering projects of similar scale and complexity with government partners.

 

Legal Services Manager comments on Report Recommendation

 

The recommendation at the end of the report has been carefully considered and drafted to ensure that the process by which the Council progresses the project is clear and unambiguous and so as to ensure the future negotiations are not compromised.

 

The process adopted for this project is the selective tender process pursuant to clause 168 of the Local Government (General) Regulation 2005 (the Regulation). The recommendation as drafted ensures that the project remains within that process. If the project fell outside of the tendering process, and thereby failed to adopt the process within clause 168 of the Regulation, then there is a risk that the project would be considered a Public Private Partnership (PPP) pursuant to Section 400B of the Local Government Act 1993.

 

Having said the above, it is still possible that the Office of Local Government may consider the project to be a PPP. If that is the case, then there are set of Guidelines, issued by the Director General, that are required to be followed, which includes obtaining Ministerial Consent prior to entering into any arrangement with a proponent. 

 

It is preferable that the transaction remains within the tendering provisions. In order to ensure the transaction continues to stay within the tendering process it is recommended that the recommendation at the end of the report is adopted.

 

Probity Comments

 

As noted in the report, Andrew Marsden from O’Connor Marsden & Associates was engaged by Council to provide Probity oversight and advice throughout the RFP process, up to and including the assessment of the proposals.

 

In accordance with the probity principles outlined in the Evaluation Plan, the Probity advice had particular regard to the following principles:

 

·          Accountability of the participants and transparency of the process

·          Fairness, impartiality and honesty in carrying out the process

·          Management of actual, potential and perceived conflicts of interest

·          Maintenance of confidentiality and security of documentation and information, and

·          Obtaining best possible value for money under the prevailing circumstances.

 

O’Connor Marsden’s brief included review of the following:

 

·          the link between procurement planning and the RFP following the New West EOI process

·          the documented probity controls, including conflict of interest, confidentiality and security management

·          the evaluation procedures, including alignment with RFP documentation, evaluation meetings, criteria assessment and scoring methodology

·          the evaluation documentation, including records, scoring and reporting, and

·          the communications and meetings between the two proponents and Council.

 

Andrew Marsden has submitted a Probity Report which has advised that O’Connor Marsden are not aware of any matter to indicate that the evaluation procedures carried out by Penrith City Council for the Union Road Request for Proposals process were not compliant with the probity principles in all material respects.

 

 

Next Steps

 

Subject to approval of the recommendation, then the next steps are generally as follows:

 

·          Frasers Property Group be nominated as the Preferred Proponent to undertake the development based on their “Alternate” Proposal.

·          Negotiations with the Preferred Proponent be commenced in accordance with a negotiation protocol regarding the terms and conditions for the transaction documents.

·          St Hilliers be nominated as the Reserve Proponent and Council reserve the right to enter into discussions with them if negotiations with the Preferred Proponent should fail.

·          The provision of affordable housing be considered further as part of commercial negotiations.

·          Planning and preparation to provide additional public parking spaces in the Penrith city centre by December 2019 be commenced.

·          Ongoing community information be a feature of the project as it moves forward.

·          Report back to Council on the outcome of the negotiations.

 

Conclusion

 

The Frasers Alternate Proposal represents an opportunity to deliver on Council’s requirement to create additional public parking in accordance with the adopted Parking Strategy. The Union Road site combined with the other identified sites in the city centre have the ability to deliver well in excess of 1,000 additional public car parking spaces by 2027.

 

The Frasers Alternate proposal will be a landmark development, setting a new benchmark for urban living, design and sustainability that will significantly contribute to the transformation of the Penrith city centre.

 

The Frasers Alternate Proposal demonstrates good value for money when assessed against the reference design, the St Hilliers proposal and the market valuation for the site. An independent financial assessment by Corporate Scorecard confirms Frasers have the capacity to deliver their Union Road proposal.

 

The Evaluation Panel report, financial check on Frasers, property valuation and assessment of ‘value for money’ have all been discussed with the Property Development Advisory Panel, who remain in support of the recommendation to nominate Frasers as the Preferred Proponent based on their alternate proposal.

 

To assist in meeting Council’s objectives of delivering 1,000 additional public parking spaces in the city centre by December 2019, it is recommended that Council could expedite the delivery of parking on a range of sites as outlined in this report in parallel with the redevelopment of the Frasers alternate proposal for the Union Road site.  This would mitigate against potential planning approval and market condition delays in public parking provision on the Union Road site.

 

The process for seeking RFP submissions and reviewing the proposals received has been undertaken in accordance with the Evaluation Plan endorsed by Council’s probity advisor and included the active engagement of OCM throughout the process.

 

The Evaluation Panel recommends that Frasers Property Group be nominated as the Preferred Proponent to undertake the development based on their “Alternate” Proposal. The nomination of a Preferred Proponent is to enable the commencement of commercial negotiations on the terms and conditions for the transaction documents.

 

The Evaluation Panel also recommends that St Hilliers be nominated as the Reserve Proponent to undertake the development based on their Complying Proposal. 

The Frasers proposal creates an exciting opportunity for Council to deliver both on provision of additional parking in the City Centre and its overall vision for the City Centre as a thriving regional city.

 

RECOMMENDATION

That:

1.    The information contained in the report on Union Road Request For Proposal (RFP) be received.

2.    After considering the responses to the Union Road Request for Proposal and in accordance with clause 178(1)(b) of the Local Government (General) Regulation 2005 (the Regulation), Council decline to accept any of the tenders.

3.    In accordance with clause 178(3)(e) of the Regulation, Council authorise the General Manager to enter into negotiations with Fraser Property Group with a view to entering into a contract in relation to the subject matter of the tender.

4.    The negotiations with Fraser Property Group occur on the basis that a Negotiations Protocol is executed by the parties.

5.    In the event that the negotiations with Frasers Property Group are unsuccessful then Council authorise the General Manager to enter into negotiations with St Hilliers with a view to entering into a contract in relation to the subject matter of the tender.

6.    If negotiations with St Hilliers occur then a Negotiations Protocol be executed by the parties.

7.    Pursuant to clause 178(4)(a) of the Regulation, the Council’s reasons for declining to invite fresh tenders are:

a.   The tenders from Frasers Property Group and St Hilliers satisfactorily address the evaluation criteria for the proposal.

b.   The tenderers and the community would be prejudiced if fresh tenders were called, as both tenders offer value for money.

c.   The tenders are consistent with the adopted Penrith Progression Action Plan.

d.   The tenders are consistent with the Community Strategic Objectives as adopted in the Community Strategic Plan.

e.   The terms of the tenders from Frasers Property Group and St Hilliers are not certain and final to enable the execution of commercial contracts.

f.    To allow for a process to reach finality and certainty of the contractual terms with Fraser Property Group, and failing negotiations with Frasers Property Group, then St Hilliers.

 

8.    Pursuant to clause 178(4)(b) of the Regulation, the Council’s reasons for determining to enter into negotiations with Frasers Property Group are:

a.   To allow for a process to reach finality and certainty of the contractual terms.

b.   The Frasers Property Group’s tender satisfactorily addresses the evaluation criteria for the proposal and based on the evaluation was determined to be the preferred proposal.

c.   The Fraser Property Group proposal is a project that is catalytic for the transformation of the City Centre. It is city shaping and will set a new benchmark for city projects.

d.   The provision of 1,631 public parking spaces in Council ownership on beneficial commercial terms.

e.   The podium public carpark has the capacity for adaptive re-use in the future given the increased floor to ceiling heights.

f.    Fraser Property Group has demonstrated capability and experience in delivering projects in partnerships with Government and Council.

g.   Fraser Property Group have a strong, demonstrated commitment to sustainability and are considered industry leaders in this regard.

h.   Fraser Property Group have assembled a strong team of award winning consultants to complement their in-house team.

 

9.    If negotiations with Frasers Property Group are unsuccessful, and pursuant to clause 178(4)(b) of the Regulations the Council’s reasons for determining to enter into negotiations with St Hilliers are:

a.   To allow for a process to reach finality and certainty of the contractual terms.

b.   The St Hilliers’ tender satisfactorily addresses the evaluation criteria for the proposal.

c.   The St Hilliers’ proposal would be an evolution of current City Centre developments with residential apartments provided in buildings up to 7 storeys and retail for ground plane activation.

d.   The 1,631 public parking spaces are proposed to be located within a free standing multi deck car park at the western end of the Union Road site with a total of 8 parking levels (2 basements and 6 upper levels).

e.   St Hilliers have a strong team including an architect who has local experience from Thornton and Penrith, as well as their broader national experiences. A strength of this submission is the permeability of their Proposal and the focus on the activation of Union Lane.

f.    The development is generally compliant with current planning controls and does not appear to require a Planning Proposal.

g.   Council would own the completed carpark.

h.   Favourable commercial terms are being offered.

 

10.  The terms of the Negotiations Protocol include aims, objectives, constraints and agreed minimum bargaining positions and be substantially in accordance with the proposals submitted by Fraser Property Group or St Hilliers if negotiations fail with Frasers Property Group. The Negotiations Protocol is also to be consistent with:

a.   The Direct Negotiations Guidelines of the Independent Commission Against Corruption;

b.   Council’s Code of Conduct;

c.   The Tendering Guidelines issued by the Office of Local Government;

d.   and be adopted by the Chief Governance Officer.

 

11.  It is noted that Council has adopted a selective tender process in accordance with clause 168 of the Regulation in relation to the development of the Union Road site.

12.  Notwithstanding Council’s intention that this matter be dealt with as a selective tender process, if the Office of Local Government determines that this matter be dealt with as a PPP (Public Private Partnership), the General Manager be delegated authority to commence the PPP process with the Office of Local Government and the Preferred Proponent.

13.  Council allocate $1.2m from the Financial Management Reserve to commence design and planning for the car park solutions at Soper Place and North Street as detailed in this report.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

2        Planning Proposal - Prohibition of cemeteries and crematoriums in Mulgoa Valley and Wallacia  

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

 

3        Development Application No. DA17/0311 for Demolition of Existing Structures & Construction of Two (2) x Six (6) Storey Residential Flat Buildings containing 79 Apartments & Basement Car Parking at Lot 2 DP 855996, (No 12) Vista Street, Penrith Applicant: Vista Group Pty Ltd;  Owner: ~William J Cammack

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                24

 

4        Heritage Assistance Fund 2017-2018                                                                             43

 

5        Request for Section 94 Contribution Waiver for Stage 1 of Development Consent DA15/0198 from Wentworth Community Housing, Nos. 11-15 Phillip Street, St Marys

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                46

 

6        Section 96(1A) Application No. DA16/1007.01 for Modifications to Consent Conditions for Approved Place of Public Worship at Lot 142 DP 876948, (No. 17-27) Factory Road, Regentville Applicant: Foothills Vineyard Church;  Owner: ~Isaiah's Vision Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                50

 

7        Section 96(2) Application No. DA15/0541.02 for Modifications to Approved Alterations & Additions to Nepean District Christian School Including Two (2) Additional Classroom Buildings & Deletion of Previously Approved Additions to Two (2) Existing Classroom Buildings & Staff Room at Lot 200 DP 804405, (No. 836-840) Mulgoa Road, Mulgoa Applicant: Bow Goold Architects;  Owner: ~Nepean District Christian Education Association Ltd

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                62

 

 

 



Ordinary Meeting                                                                                               28 August 2017

 

 

 

2

Planning Proposal - Prohibition of cemeteries and crematoriums in Mulgoa Valley and Wallacia   

 

Compiled by:               Danielle Fox, Planner

Authorised by:            Abdul Cheema, City Planning Coordinator 

Requested By:            Councillor Ross Fowler OAM

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

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

 

Previous Items:           Prohibition on the establishment of cemeteries in the Mulgoa Valley- Ordinary Meeting - 24 Jul 2017   

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

 

 

Executive Summary

Council has prepared a planning proposal seeking to amend Penrith Local Environmental Plan 2010 (LEP) to prohibit cemeteries and crematoriums in the Mulgoa Valley and Wallacia.  It is proposed to remove ‘cemeteries’ from the E3 Environment Management zone land use table, create a new provision that prohibits ‘cemeteries’ and ‘crematoriums’ in the subject area, overrides Clause 5.10.10 Heritage conservation incentive and any other provision of the LEP as it relates to this use.

This report outlines the objectives and justification for this planning proposal, how the objectives will be achieved, the development process, and the next steps in progressing the planning proposal through the Department of Planning and Environment’s Gateway Process.

Background

At Council’s Ordinary Meeting of 26 June 2017, Councillor Ross Fowler OAM requested that an urgent report be presented to the next Ordinary Meeting of Council looking at the case for Council to prohibit the establishment of cemeteries in the Mulgoa Valley.

 

A report on “Prohibition on the establishment of cemeteries in the Mulgoa Valley” was presented at Councils Ordinary meeting of 24 July 2017. At that meeting Council resolved that:

 

1.       Council prepare a planning proposal to:

 

a.       amend LEP 2010 to remove “cemeteries” and “crematoriums” from the list of land uses permitted with consent from the E3 Environmental management zone;

b.       include an additional local provision that recognises the landscape value of the Wallacia Area and Mulgoa Valley, prohibits cemetery and crematoria development and overrides any other provision of LEP 2010.

 

2.       Council advise the NSW Government and the Greater Sydney Commission of its decision and offer to work with them in relation to the long term planning for the provision of cemeteries in suitable locations.

 

3.       Council write to the Premier for NSW, The Hon Gladys Berejiklian and the Minister for Planning, The Hon Anthony Roberts MP, seeking their support for the planning proposal detailed in Recommendation 1 above.

 

The Mulgoa Valley and Wallacia (the subject area) is shown in Attachment 1. It is located in the south west of the Local Government Area (LGA), bound on the west by the Nepean River and Blue Mountains National Park, on the south by the village of Wallacia, on the east by Luddenham and on the north by Glenmore Park and Regentville.

 

The Mulgoa Valley contains significant rural landscape, including agricultural qualities, cultural heritage values, scenic values and the setting of the villages of Mulgoa and Wallacia.  The suburb of Wallacia contains large rural residential lots, it forms part of the southern gateway into the Penrith LGA and contains the village of Wallacia.  The combined size of the subject area is 5507 hectares.

 

Penrith LEP 2010, which was gazetted on 22 September 2010, applies to the land. The applicable zonings for the subject area are shown in Attachment 2. There are three zones within the subject area where cemeteries and/or crematoriums are permissible with consent.  These are the E3 Environmental Management zone, RU2 Rural Landscape zone and RU4 Primary Production Small Lots zone. 

 

The LEP prescribes some limited development standards which are intended to protect and enhance the values and qualities of the Mulgoa Valley, and the villages of Mulgoa and Wallacia. These limited development standards do not extend across the broader subject area to which Council’s resolution applies to.

 

A planning proposal seeking to amend the LEP to prohibit cemeteries and crematoriums within the subject area and to override the operation of any other provision of the LEP (as it relates to cemeteries and crematoriums) has been prepared and is included as Attachment 3. There are other provisions within the LEP that may permit cemeteries and crematoriums to be established even though prohibited within the zone.  Clause 5.10.10 Heritage conservation incentive, is an example of one of these provisions that this planning proposal is specifically seeking to override.

 

The historical significant and unique qualities of the Mulgoa Valley have been held in high regard by communities at a local and regional level.  Prior to the LEP, planning controls applying to the Mulgoa Valley were set in State Regional Environmental Plan 13 Mulgoa Valley (SREP 13).  In the early 1980’s, the Mulgoa Valley was recognised as an area of archaeological and cultural importance.  Competing land uses and development were seen to threaten the valley’s rural character and heritage values.  This led to the commissioning of the Mulgoa Valley Regional Environmental Study and the preparation of SREP 13.  The SREP 13 controls have been incorporated into the LEP and Penrith Development Control Plan 2014 (DCP). However more work needs to be done to protect the Mulgoa Valley’s unique qualities.  Council has resolved to provide a further layer of protection to the subject area from development pressures that are considered in conflict with this areas historic and unique landscape qualities.

 

 

 

 

 

Amendment to Penrith LEP 2010

 

The objective of the planning proposal is to amend Penrith LEP 2010:

 

·    to further recognise, reinforce and protect the significant landscape values and qualities of the Mulgoa Valley and Wallacia for future generations, and,

·    to ensure land uses within the Mulgoa Valley and Wallacia, specifically cemeteries and crematoriums, that have the potential to permanently and negatively impact these significant qualities are prohibited.

The subject area for this planning proposal includes all the Mulgoa Valley (as defined in the LEP Clause Application Map) and extends its western boundary to the LGA boundary, and, includes the suburb of Wallacia.

 

The planning proposal seeks to achieve the abovementioned objectives by:

 

·    Removing ‘cemeteries’ from the list of land uses permitted with consent under the E3 Environment Management zone.  The zones within the subject area where cemeteries and crematoriums are permitted with development consent are shown in Attachment 4. The E3 Environment Management zone is the predominant zone within the subject area. Removing cemeteries from the land use table of E3 Environment Management zone will result in no land in the subject area where cemeteries are permitted with consent, apart from a small area of RU2 zoned land in Mulgoa containing a landfill depot and some RU4 land in the northern part of the subject area. 

 

Council’s resolved to remove crematoriums from the list of land uses permitted with consent from the E3 zone on 24 July 2017.  Crematoriums are defined separately in the LEP.  This part of the resolution is not required as crematoriums are currently prohibited in the E3 zone.

 

·    Including a local provision to Penrith LEP2010 that:

 

§ recognises the landscape value of the Mulgoa Valley and Wallacia

§ prohibits cemetery and crematorium development in the subject area, and,

§ overrides any other provision of the LEP including Clause 5.10.10 in relation to cemeteries and crematoriums.

 

This local provision will operate to prohibit cemeteries and crematoriums within the RU2 and RU4 land in the subject area and override existing provisions (such as Clause 5.10.10 Heritage conservation incentives) in the LEP that may allow consent to be granted. 

 

The Penrith LEP 2010 contains a provision in Clause 5.10.10 Heritage conservation incentives, that allows the consent authority to grant consent for a purpose that would otherwise not be permitted, in order to conserve a heritage item or place of Aboriginal heritage significance. This clause has the potential to allow the establishment of cemeteries and crematoriums, due to the concentration of heritage items and places within the Mulgoa Valley and surrounding area. (Attachment 5 shows Penrith LEP 2010 heritage items within the subject area).  The proposed new provision seeks to identify the subject area with a new layer in the Clause Application map that will override the operation of Clause 5.10.10.

 

If Council resolves to proceed with the planning proposal, the development of cemeteries and crematoriums within the LGA to meet future demand, would be provided only in the RU2 and RU4 zones (excluding RU2 and RU4 land in the Mulgoa Valley). These areas are primarily located in the south eastern and northern parts of the LGA. In addition to the above zones the development of crematorium would also be permitted in the IN2 Light Industrial zone.

 

Council is committed to working with the Department of Planning and Environment, and the Greater Sydney Commission on a regional planning approach to the appropriate provision of land for this purpose.

 

Justification of the Planning Proposal

 

The purpose of this planning proposal is to protect and enhance the rural, heritage and landscape qualities and values of the subject area. The following outlines the specific landscape and heritage qualities and values within the Mulgoa Valley and Wallacia that this planning proposal seeks to protect:

 

·    the Mulgoa Valley is characterised by its rural landscape including creek flats, wooded hills and escarpment areas, established estate gardens and open grassed and treed parklands. It is strategically located on the metropolitan fringe, close to urban areas of Penrith. It has local and regional significance.

·    the Mulgoa Valley was intensely used by Aboriginal communities. A large number of sites have been recorded from limited surveys, suggesting many sites are almost certainly undetected.

·    the Mulgoa Valley was first settled by Europeans in the 1800’s. Its significance lies in the surviving sites, buildings, gardens and pastoral landscapes. These sites provide the best physical evidence remaining in NSW of Australia’s colonisation and the impact on the landscape. 

·    a significant heritage component of the Mulgoa Valley is its landscape. The Valley contains evidence of early man-made landscapes using the principles of selective forest thinning, that appreciates the natural environment creating a unique landscape in the valley that survives today, with very few other instances in NSW.

·    the cultural significance of the valley comes from its early history.  The Valley contains a concentration of houses and sites dating back to the early colonial period.  These houses and sites can be found in a relatively unaltered landscape.

·    the vistas from the major heritage items in the valley are shown in the Penrith LEP 2010 Scenic Landscape Values map. 

Development for the purposes of cemeteries and crematoriums have the potential to impact the following:

 

·    land contamination

·    air quality issues

·    traffic issues

·    groundwater contamination

·    land use conflicts

·    bio security impacts and food safety

·    rural character and visual impacts

·    loss of productive agricultural land in the Sydney basin

·    use of the land in perpetuity for cemeteries

 

These impacts have the potential to irreparably damage the unique landscape and heritage qualities and values within the Mulgoa Valley and Wallacia. 

 

Development Assessment Process

 

With regards to a Development Assessment process, it should be noted that:

 

·    The preparation of a planning proposal is the first stage in seeking to amend the LEP. The entire process can take around 12 months to complete.  

·    A planning proposal that is or has been the subject of public consultation, must be taken into consideration in the assessment of any Development Application (DA) that is received. This planning proposal will be exhibited immediately upon receipt of a Gateway Determination. It is hoped that this could occur before the end of the year.

·    Until then, a proponent can lodge a DA that will be assessed on the current provisions of the LEP, including the zone objectives, the permissibility of the use under the land use table for the zone, additional local provisions for the Mulgoa Valley, scenic character and landscape values and the heritage conservation incentive clause if applicable.

·    Under the Crown Land Act 1989, a proponent can create a crown trust and lodge a DA that is assessed by the Sydney West Planning Panel and cannot be refused without the consent of the Minister.

Notwithstanding, the amount of time and number of steps required to amend a LEP, the ability for a DA to be lodged and assessed on current LEP provisions, and, the provisions of the Crown Land Act 1989, Council’s endorsement of this planning proposal succeeds in immediately stating a clear policy position regarding the establishment of this use within the subject area.

Next Steps

 

In accordance with Council’s resolution of 24 July 2017, Council has advised the NSW Government and the Greater Sydney Commission of its decision to pursue this planning proposal and offer to work with them.  A letter was also sent to the Premier for NSW The Hon Gladys Berejiklian, and the Minister for Planning, The Hon Anthony Roberts MP, seeking their support for the planning proposal.

 

Should Council endorse the recommendations, the following steps will occur in accordance with the Environmental Planning and Assessment Act 1979:

1.   Council officers will finalise the planning proposal, written instrument and associated maps.

2.   Upon resolution of Council, the planning proposal will be forwarded to the Minister for Planning & Environment / Greater Sydney Commission, seeking a ‘Gateway Determination’ and authorisation that the LEP plan making process may proceed.

3.   Council officers will liaise with the Department of Planning & Environment / Greater Sydney Commission and negotiate any changes sought by the Department in the lead up to the Gateway Determination.

4.   The Gateway Determination will, amongst other things, authorise a list of public authorities that Council must consult prior to finalisation of the planning proposal for public exhibition.

5.   The planning proposal will be publicly exhibited.

6.   Submissions to the planning proposal public exhibition will be reviewed, and recommendations prepared for Council’s consideration. 

7.   The planning proposal will be presented to Council for endorsement and then forwarded to the Minister of Planning & Environment / Greater Sydney Commission to make the LEP.

During this process, amendments to the draft planning proposal will continue to be made. These changes may result from further consultations (such as with relevant government agencies), directions or suggestions from the DP&E.

Conclusion

 

A planning proposal seeking to prohibit cemeteries and crematoriums in the Mulgoa Valley and Wallacia has been prepared.  The rationale for this planning proposal lies in recognising the importance of the Mulgoa Valley and protecting it from the type of development that would leave an irreparable scar on the landscape and jeopardise its significance and value to future generations. This planning proposal seeks to achieve this by amending the Penrith LEP 2010 to remove cemeteries from the E3 Environment Management zone; including an additional local provision that prohibits cemeteries and crematoriums in the subject area, and, overrides the heritage conservation incentive clause and any other clause in the LEP as it pertains to the permissibility of cemeteries and crematorium. 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Planning Proposal - Prohibition of cemeteries and crematoriums in Mulgoa Valley and Wallacia be received

2.    Council sponsor and endorse the attached “Planning Proposal - Prohibition of cemeteries and crematoriums in Mulgoa Valley and Wallacia” to be forwarded to the Department of Planning and Environment/ Greater Sydney Commission seeking a Gateway Determination under s56 of the Environmental Planning and Assessment Act 1979.

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

4.    Council seek approval from the Gateway to publicly exhibit the “Planning Proposal - Prohibition of cemeteries and crematoriums in Mulgoa Valley and Wallacia” in accordance with the community consultation requirements under s57 of the EP&A Act, and in a form consistent with any revisions of the Planning Proposal directed by the Department of Planning & Environment as part of the s56 Gateway Determination.

5.    The Greater Sydney Commission be requested to delegate its authority for Council to finalise and make the proposed amendment to Penrith Local Environmental Plan 2010.

6.    A further report be presented to Council following the Public Exhibition.

 

 

ATTACHMENTS/APPENDICES

1.

Map showing the Subject Area - Mulgoa Valley and Wallacia

1 Page

Attachments Included

2.

Zoning Map of the Subject Area

1 Page

Attachments Included

3.

Planning Proposal - Prohibition of cemeteries and crematoriums in Mulgoa Valley and Wallacia

123 Pages

Attachments Included

4.

Map showing zones that permit Cemeteries and Crematoriums within the Subject Area

1 Page

Attachments Included

5.

Map showing Heritage Sites and Heritage Item vistas in Mulgoa and Wallacia

1 Page

Attachments Included

  


Ordinary Meeting                                                                                               28 August 2017

 

 

 

3

Development Application No. DA17/0311 for Demolition of Existing Structures & Construction of Two (2) x Six (6) Storey Residential Flat Buildings containing 79 Apartments & Basement Car Parking at Lot 2 DP 855996, (No 12) Vista Street, Penrith  Applicant:  Vista Group Pty Ltd;  Owner:  William J Cammack   

 

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 for the demolition of existing structures and construction of 2 x six (6) storey residential flat buildings containing 79 apartments and basement car parking at Lot 2 DP 855996, 12 Vista Street, Penrith.

 

Under Penrith Local Environmental Plan 2010 the proposed development is defined as a residential flat building and is permissible in the R4 High Density Residential Zone with the consent of Council.

 

The development application has been advertised and notified to adjoining and nearby properties with an exhibition period between 12 May and 26 May 2017. The application received seventeen (17) submissions in response. Key concerns raised in the submissions related to the potential heritage significance of the existing dwelling and the impact to the neighbourhood character. These matters have been considered and are addressed in this report.  The main other issues raised throughout the assessment of the application centred on the separation and setbacks of the proposed built form. 

 

The application has been assessed in accordance with the requirements of Section 79C of the Environmental Planning and Assessment Act 1979 and on balance the proposed development is satisfactory. The application is recommended for approval subject to conditions of consent.

 

Site and Surrounds

 

The development site is located on the southern side of Vista Street at its western extent. The site is irregular in shape and has an area of 3809m2. It is generally orientated in a north-south direction, with a gradual fall from the rear of the property down to its north-western corner (adjacent to Vista Street). 

 

The site currently contains a centrally located single storey dwelling and associated outbuilding. The site is heavily vegetated with a number of established trees and shrubs. Two vehicle access points are provided off Vista Street.

 

The surrounding area is characterised by older medium density housing stock and mid-low rise residential apartment buildings, however the character of this area is evolving with the recent changes to the Penrith Local Environmental Plan 2010 (LEP 2010) to increase densities and height in the area.

 

A locality plan is provided at Attachment No.1.

Background

Stage 1 of the City-wide Local Environmental Plan included Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation). The exhibited draft of Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) listed the subject property as a local heritage item. The draft listing reflected the findings of the Penrith Heritage Study (2007) undertaken by Paul Davies P/L Architects and Heritage Consultants which identified the property as a potential heritage item.

 

In response to the draft listing, a submission from Pikes Lawyers was made on behalf of the property owner. The submission was accompanied by a heritage assessment prepared by Ruth Daniell Cultural Heritage Management (2008) which stated that the property is not historically significant for the following reasons:

 

-     Its curtilage has reduced in size and quality presenting the loss of the visual setting, original garden and mature trees and important views and vistas to the Blue Mountains;

-     A significant number of additions since 1950 have reduced the percentage of the original building to 30% of the total built fabric on the property; and

-     Of the limited amount of time that Frederick Daniel Woodriff spent at the property in comparison to the Woodriff family’s construction and occupation of Combewood.

   

In considering this submission, Council resolved to defer the proposed listing to allow a further independent review of the heritage significance of the property to take place.

 

Council commissioned Godden Mackay Logan Heritage Consultants to undertake this review. Godden Mackay Logan were not granted access to either the grounds or an internal inspection during the review process. As such, Godden Mackay Logan indicated that it could not provide a recommendation on any heritage significance the property may have. Council officer recommended that a precautionary principle approach be adopted and the property be listed as a local heritage item in the Stage 2 of the City-wide Local Environmental Plan.

 

At its’ 2 July 2012 Policy Review Committee Meeting, Council was presented with a report on a number of unresolved matters within Stage 2 of the City-wide Local Environmental Plan. These unresolved matters required, amongst other things, Council’s decision on the listing of the subject site (12 Vista Street, Penrith) as a local heritage item in the City-wide Plan. At this meeting Council resolved not to list the property as a local heritage item under Stage 2 of the City-wide LEP. This resolution was later confirmed by Council at its’ 9 July 2012 Ordinary Meeting.

 

 

 

 

 

Proposed Development

 

The proposed development includes the following works:

 

·    Demolition of the existing dwelling;

·    Tree removal;

·    Construction of 2 x 6 storey residential flat buildings comprising:

-     Total of 79 apartments (73 x 2 bedroom and 6 x 3 bedroom);

-     2 below grade basement level with 108 spaces (inc. 8 x accessible, 2 x service, 17 x visitor & 1 x washing bay);

·    Ancillary landscaping, fencing and retaining walls; and

·    Associated drainage works.

 

Copies of the architectural plans for the proposal are provided at Attachment No. 2.

 

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

 

Sydney Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development (SEPP 65)

 

SEPP 65 aims to improve the design quality of residential flat buildings of three of more storeys and containing four or more self-contained dwellings. SEPP 65 contains nine design quality principles which form the basis for achieving good design and provide a guide for evaluating the merits of development proposals.

 

The proposed development is consistent with the aims and objectives of SEPP 65. The Development Application has been accompanied by a Design Verification Statement prepared by Morson Group P/L, verifying the design quality principles set out in Part 2 of SEPP 65 are achieved for the development.

 

 Clause 28 stipulates that in determining a development application for consent to carry out residential apartment development, Council must take into account:

 

(a)  The advice (if any) obtained from the design review panel, and

(b)  The design quality of the development when evaluated in accordance with the design quality principles, and

(c)  The Apartment Design Guide.

 

Urban Design Review Panel Advice

 

The proposal was referred to Council’s Urban Design Review Panel prior to the DA submission where a range of issues were discussed. Of notable concern was the buildings height and scale, residential amenity, open space and landscape design. The proposal has undergone a number of design revisions. The amended proposal has been assessed against the panel’s recommendations and is considered to now address the panel’s requirements.

 

 

Design Quality Principles

 

An assessment has been undertaken of the proposed development in relation to the nine design quality principles. The proposal is in accordance with these provisions. The proposal will provide a modern high-density infill residential apartment development consistent with the zoning and density envisaged for the locality. The buildings will make a significant contribution to the streetscape, setting a good example for the future proposed developments in the area. The proposed development is responsive to the desired and anticipated future character of the locality, as determined by Penrith LEP 2010 and Penrith DCP 2014.

 

Apartment Design Guide

 

The development has been assessed against the Apartment Design Guide (ADG) and is consistent with the key controls. The following matters are noted for further discussion.

 

Setbacks & Separation

 

The development achieves an appropriate level of visual and acoustic privacy between buildings and adjacent sites. For the most part, the development complies with the separation and setback requirements of the ADG. Variations are proposed to mitigate potential privacy issues for residents within the development and improve the proportions of the building. To ensure the privacy of adjoining residents, the design incorporates privacy screens and off-set windows and balconies.

 

Apartment Mix

 

The proposal provides 6 x three bedroom units and 73 x two bedroom units. Whilst the large majority of units are two bedrooms, apartment mix has been provided with a variety of housing choices introduced to an area with predominantly low and medium density development. 

 

Sydney Regional Environmental Plan No. 20 – Hawkesbury Nepean River

 

Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No. 2 – 1997) (SREP 20) integrates planning with catchment management to protect the Hawkesbury-Nepean river system, requiring the impact of future land use to be considered in a regional context. The plan covers water quality and quantity, environmentally sensitive areas, riverine scenic quality, agriculture and urban and rural-residential development. It controls development that has the potential to impact on the river environment.

 

Water quality and drainage has been considered for the development with the ultimate stormwater network for the development draining into the street drainage system. Council’s Development Engineers and Environmental Waterways Team have reviewed the application and subject to recommended conditions relating to stormwater support the proposed development.

 

In addition, details of adequate erosion and sediment control measures to ensure sediment as a result of the development is not deposited in the Hawkesbury-Nepean River via the stormwater system have been provided and are satisfactory.

 

 

 

 

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

The BASIX scheme aims to encourage sustainable residential development. The policy requires certain kinds of residential development to be accompanied by a list of commitments to be carried out by the applicant.

 

A BASIX Certificate has been submitted with the development application demonstrating compliance with set sustainability targets for water, energy efficiency and thermal comfort. The certificate will ensure the nominated commitments are maintained for the life of the proposed development.

 

Penrith Local Environmental Plan 2010

 

Permissibility

 

The subject site is zoned R4 High Density Residential under Penrith Local Environmental Plan 2010. Within this zone, residential flat buildings are permissible with Council consent.

 

Clause 4.3 – Height of Buildings

 

The Height of Buildings Map identifies a maximum height of 18m as applying to the site. The proposal seeks a variation to the height limit for the lift overrun and part of the associated roof form. The variation sought equates to a maximum 9% height departure from the maximum height control. This variation can be considered by Council under Clause 4.6 Variations to Development Standards, as discussed below.

 

Clause 4.6 – Variations to Development Standards

 

The applicant seeks a variation to the provisions relating to the maximum building height of 18, under Clause 4.3 of LEP 2010. The development proposes, at its highest point, a building height of 19.55m, which equates to a 9% variation although the extent varies across the site.

 

Council’s requirement relating to the maximum building height is a development standard and therefore a variation under Clause 4.6 of the LEP can be considered. This clause aims to provide an appropriate level of flexibility in the application of development standards to achieve better outcomes for and from development.

 

In accordance with sub-clause (3), the applicant has put forward the following key points to demonstrate that compliance with the development standard is unreasonable and unnecessary, and the basis for which there are sufficient environmental planning grounds to justify contravening the development standard:

 

·    The height variation is a result of raising the level of the building at ground level to ensure a better transition and interaction of the unit to the street, and also accommodate the changes in the site topography to accommodate a level building and floor level.

·    To comply with the height provision would be at the detriment of the design and amenity of the building.

·    The proposal is compatible with the height, bulk and scale of the emerging and desirable future character of the locality and with the surrounding development.

·    The proposal does not impact on the visual amenity or reduce views and minimises loss of privacy and solar access.

·    The greatest exceedance is where the lift over run is located, from the ground level. This encroachment will be imperceptible given its central location.

 

In accordance with sub-clause (4), the applicant’s objection is well founded and is consistent with the aims of the policy. The objection has adequately addressed the matters prescribed in the LEP, and has demonstrated that full compliance with the maximum building height requirement would be unreasonable and unnecessary in the circumstances of the case. The environmental planning grounds put forward by the applicant are supported in this instance. The proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.  

 

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

 

Penrith Development Control Plan 2014 (DCP 2014)

 

The proposed development is in accordance with the relevant City-wide provisions of Penrith Development Control Plan (DCP) 2014. The primary development controls relating to the development of this site are contained within the residential chapter of the DCP. An assessment of the application has been undertaken and, on balance, the proposal is consistent with the relevant provisions.

 

Transport, Access and Parking

The proposal requires the following level of on-site car parking:

 

 

Required

Proposed

Residential Development:

1 per 1 or 2 bedrooms

2 per 3 + bedrooms

85

 

89

 

Visitor Parking

1 per 5 units

16

17

Washing

1 per 50 units

1

1

Service Vehicles

1 per 40 units

2

2

Total

104

109

 

As demonstrated above the proposal provides in excess of the minimum parking requirements. The arrangement of car parking across the basement levels is considered to be appropriate.

 

Residential Flat Building

 

The proposal has been assessed against this section of the DCP and found to be satisfactory, with the key DCP requirements listed in the table below.

 

Requirement

Proposal

Complies

Minimum Frontage: 20m

The subject site has a frontage of approximately 50m to Vista Street.

Yes

Landscaped Area: 35%

The proposed development provides 1207.3m2 of deep soil landscaped area and a centrally located common open space area of 275m2, totally 1482m2 or 39%.

Yes

Front Setback:

Average of adjoining or 5.5m whichever is greater

The front setback to Vista Street is 5.5m with projecting balconies. This setback responds to the streetscape context of Vista Street.

 

Yes

Rear Setback:

6m

 

The development provides a 6m rear setback with only minor encroachments of balconies and bedrooms.

Yes

Solar Planning:

4 hours solar access to 70% of units

Two hours solar access will be provided to 72% which complies with the Apartment Design Guide (ADG) noting that the ADG prevails over Council’s DCP pursuant to Clause 6A of SEPP 65.

Apartment Design Guide prevails.

Private Open Space: 20m2 at ground floor; 10m2 on balcony

The proposal is designed to comply with the Apartment Design Guide (ADG) noting that the ADG prevails over Council’s DCP pursuant to Clause 6A of SEPP 65.

Apartment Design Guide prevails.

10% Adaptable Dwellings = 10

Eight adaptable dwellings provided. 

Yes

 

 

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

 

Context and Setting

 

The proposal is designed with a high level of architectural merit that is representative of the emerging and desired character of the area around Penrith City Centre and in areas of high accessibility to services and facilities. The proposal has been presented to Council’s Urban Design Review Panel on two separate occasions and the advice received has been incorporated into the current design.

 

In the context of future development of the surrounding area, this proposal is considered suitable and consistent with the emerging built form. The design will contribute positively to the existing and emerging streetscape along both Vista Street and the wider area.

Accessibility

 

The proposal provides access for people with disabilities so as to comply with the accessibility requirements of the Building Code of Australia (BCA), Australian Standard (AS) 1428 and the primary objectives of the Commonwealth Disability Discrimination Act 1992. The development incorporates 8 accessible dwellings which complies with the DCP. The Access Report submitted with the application indicates the proposal complies with the requirements of the BCA and AS 1428.

 

 

Access, Parking and Traffic

 

The proposal will generate additional traffic in the locality, however the local road network has capacity. In addition, the proposal complies with the minimum parking requirements contained within Council’s DCP.

 

Separate access for waste vehicles is available via the western side of the property with a turntable to allow vehicles to enter and leave in a forward direction. The landscape plan indicates that considerable planting will occur along this boundary to provide a visual screen for adjoining residents. 

 

Vehicular access to the basement levels is via a double width driveway/ramps on the eastern side of the property. The plans show that convex mirrors are to be utilised which is generally not supported by Council. A condition of consent is recommended to require that the access ramp provide for two-way access on the ramp which can be easily accommodated through minor amendments to the basement layout.

 

Tree Removal

 

The proposal necessitates the removal of fifty-two (52) trees, of which thirty-eight (38) are considered to be of low or very low retention value under the submitted Arboricultural Impact Appraisal and Method Statement prepared by Naturally Trees. To mitigate this loss of vegetation, the application was accompanied by a comprehensive landscaping scheme. The development provides deep soil zones that will allow for the growth of significant trees in key locations, contributing to the streetscape and residential character. In addition, the Arborists report specifies protective measures to enable the retention of seven (7) trees within the site. It is recommended that these measures form a condition of consent.  

 

Social and Economic Impacts

 

The proposal represents a significant development within the locality and will generate substantial economic benefits to Penrith. The proposal will increase the diversity of housing in close proximity to Penrith City Centre, recreational areas and other services and facilities as envisaged by Council’s local planning policies.

 

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

 

The application has demonstrated that the site is suitable for the proposed development. The site has been identified as being suitable for higher density development through local zoning provisions and as such the development will contribute to achieving the strategic vision for the area. The lots size and wide street frontage make it ideal for a development of this scale.

 

 

 

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

 

Community Consultation

 

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 12 May and 26 May 2017. Council received a total of seventeen (17) submissions regarding the proposal.

 

The issues raised in the public submission are summarised and addressed below.

 

          The existing property should be saved due to its heritage significance

 

The majority of the submissions related to the historical value of the existing dwelling and gardens. In 2012 Council reviewed the heritage significance of the property in finalising Stage 2 of the City wide Penrith LEP 2010 which zones the land and resolved not to list the site as a local heritage item.

 

The development is out of character with the surrounding area

 

The proposed development is consistent with the envisaged future character of the area given the site and surrounds have been zoned to permit residential flat buildings in this zone. The proposal has been designed in a manner that responds to the older medium density housing stock in the area through design and façade treatments, articulation and setbacks. The current plans result from amendments which have reduced the bulk and scale of the development, reducing the total number of units from 82 to 79.

 

The trees should be retained

 

The proposed tree removal is acceptable given that the development provides for extensive landscaping across the site which will contribute to the surrounding streetscape and provide a landscaped buffer to adjoining properties.

 

Internal and External Referrals

 

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

 

Referral Body

Comments Received

Building Surveyor

Conditions provided.

Development Engineer

Conditions provided.

Heritage 

Council’s Heritage Advisor and Council officers have not recently been permitted access to determine the potential heritage significance of the property. As outlined earlier in the report, the conclusions from Ruth Daniell Cultural Heritage Management (2008), which found that there was no heritage significance to the property, have previously been accepted by Council.

 

The fact that the property has strong historical associations with three former Mayors of Penrith, including Eileen Commack, was outlined in the Statement of Significance prepared by Godden Mackay Logan. However, as previously stated Council decided not to list the property as a local heritage item.

 

Given the age of the property, it is recommended as a condition of consent that an archival recording be undertaken of the property prior to its demolition.

 

Environmental Management

Conditions provided.

Waste Services

Conditions provided.

Traffic Engineer 

Conditions provided.

Community Safety 

Conditions provided.

Tree Management Officer

Conditions provided.

Environmental Health - Waterways

Conditions provided.

 

 

Section 79C(a)(iv) – The Regulations

 

Fire safety and Building Code Compliance

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

 

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

 

The site is suitable for the proposed development and the proposed development is permissible with consent. The proposal meets the aims and objectives of the relevant environmental planning instruments applying to the development. The proposal will provide a significant boost to the housing supply in an area zoned for high density development. For these reasons, the proposal is in the public interest.

 

Section 94 Contributions

 

The following Section 94 contributions are applicable to the proposed development:

Contributions Plan

Contribution

Cultural Facilities

$29,110

Penrith City District Open Space Facilities

$293,071

Penrith City Local Open Space

$105,951

Total Contributions

$428,132

 

Conclusion 

The proposal is in accordance with the relevant provisions of the environmental planning instruments pertaining to the land. The development is of high architectural merit and will contribute to the future character of the locality. The design responds to the considerations raised by Council and has addressed the comments provided by Council’s Urban Design Review Panel with the proposed minor height variation is supportable in this instance.

 

The proposed development is unlikely to result in any unacceptable impacts on the surrounding environmental conditions and will substantially contribute to the provision of housing for Penrith, aligning with the strategic direction for the area. Where potential impacts have been identified, mitigation measures have been incorporated into the development’s design or addressed through relevant recommended conditions.

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 been found to be satisfactory. The application is therefore recommended for approval subject to recommended conditions of consent. 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application No. DA17/0311 for Demolition of Existing Structures & Construction of Two (2) x Six (6) Storey Residential Flat Buildings containing 79 Apartments & Basement Car Parking at Lot 2 DP 855996, (No 12) Vista Street, Penrith be received.

2.    The proposed variation to the maximum building height standard under Clause 4.6 of Penrith Local Environmental Plan 2010 be supported.

3.    Development Application No. DA17/0311 for Demolition of Existing Structures & Construction of Six (6) Storey Residential Flat Buildings containing 79 Apartment & Basement Car Parking at Lot 2 DP 855996, (No 12) Vista Street, Penrith be approved subject to the following conditions of consent:

3.1 Standard Conditions

A001 – Approved Plans

A008 – Works to BCA requirements

A019 – Occupation Certificate

A038 – Lighting system

A046 – Obtain Construction Certificate before commencement of works

B002 – AS for demolition and disposal to approved landfill site

B003 – Asbestos

B006 – Hours of work (demolition)

C002 – Archival Recording

D001 – Implement approved erosion and sediment control measures

D006 – No filling without prior approval

D009 – Covering of waste storage area

D010 – Appropriate disposal of excavated or other waste

D013 – Approved noise level 1

E01A – BCA compliance

E009 – Annual fire safety statement

G002 – Section 73 Certificate

G004 – Endeavour Energy clearance

G006 – NBN connection

H001 – Stamped plans and erection of site notice

H002 – During construction requirements

H033 – Clothes line

H041 – Hours of work

H042 – Adaptable dwelling certification

K101 – Works at no cost to Council

K201 – Infrastructure bond

K202 – S138 Roads Act – Works and Structures

K203 - S138 Roads Act – Works and Structures

K210 – Stormwater management

K222 – Access, car parking and manoeuvring

K224 – Construction traffic management plan

K225 – Performance Bond

K226 – Basement Geotechnical Testing/ Dilapidation Report

K301 – Sediment and Erosion Control

K405 – Turf to verge

K406 – Underground Services

K501 – Penrith City Council clearance for Roads Act works

K503 – Works as executed

K504 – Stormwater compliance

K505 – Restriction as to user and positive covenant (OSD and WSUD)

K515 – Maintenance Bond

K601 – Stormwater management system operation and maintenance

L001 – Landscape approved plans

L002 – Landscape construction

L003 – Landscape report requirements

L005 – Planting of plant material

L006 – Landscape AS requirements

L007 – Tree protection measures

L008 – Tree preservation order

L010 – Retain existing trees

N001 – Section 94 contribution: Cultural Facilities

N002 – Section 94 contribution: District Open Space

N003 – Section 94 contribution: Local Open Space

Q01F – Notice of commencement and appointment of PCA

Q006 – Occupation Certificate

3.2 Special Conditions

 

3.2.1    Prior to the issue of a Construction Certificate, a design verification statement from a qualified designer shall be submitted. The design verification statement shall verify that the Construction Certificate plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles set out in Schedule 1 of State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development.

 

3.2.2    Prior to the issue of an Occupation Certificate, a design verification statement from a qualified designer shall be submitted. The design verification statement shall verify that the development achieves the design quality shown in the approved Construction Certificate plans and specifications, having regard to the design quality principles set out in Schedule 1 of State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development.

 

3.2.3    A final materials and finishes schedule is to be submitted to and approved by the Manager Development Services at Penrith City Council prior to the issue of a Construction Certificate.

 

3.2.4    Prior to the issue of a Construction Certificate, the location and position of any required fire hydrants and boosters shall be submitted to and approved by Council. The location of these service requirements shall be integrated with the built form to reduce visual impacts along the street frontage.

 

3.2.5    All mechanical ventilation equipment, ducts, air conditioner services and the like shall be shown on the Construction Certificate documentation as being contained within the building.  Gutters and down pipes shall be integrated into the architecture of the building.  Any plant or unsightly structures installed on the rooftop must be screen from view.

 

3.2.6    Prior to the issue of a Construction Certificate and/or Occupation Certificate (as relevant), the following Crime Prevention Through Environmental Design measures shall be incorporated into the development:

 

Car Parking

A security system must be installed on any pedestrian and vehicle entry/exit points to the car park, including the lift and stairwell, to minimise opportunities for unauthorised access.  

All areas of the car park (including lift lobbies, stairwells, garbage rooms and storage areas) must be well-lit, with consistent lighting to prevent shadowing or glare.  

Signage must be in place to clearly identify exit and access points, the location of lifts and stairwells.

All surfaces in the car park should be painted in light coloured paint or finished in light coloured concrete to reflect as much light as possible.

Residential Developments Building Identification

Each building entry should clearly state the unit numbers accessed from that entry.

Each individual dwelling should be clearly numbered.  

Unit numbers should be clearly provided on each level.

Building Security & Access Control

Intercom, code or swipe card locks or similar must be installed for main entries to buildings including car parks.

Main entry doors for apartment buildings should be signed requesting residents to not leave doors wedged open.

Australian Standard 220 door and window locks must be installed in all dwellings including doors onto balconies, to minimise the risk of break and enter offences.  

If security grills are used on windows they should be operable from inside in case of emergencies.

Letterboxes must not be placed on an independent block separate from the main building envelope of the development. Access for residents should be from within a secure building, and with no front flap lock on the boxes that can be easily broken.

CCTV cameras must be provided to public areas of the development. As a minimum, cameras must be positioned to provide coverage of vehicular and pedestrian entry/exit points (including entries/exits to buildings), key thoroughfares and activity nodes as well as all areas of the car park. Signage must be provided to indicate that CCTV cameras are in operation.

Graffiti/Vandalism

Procedures must be in place to ensure the prompt removal and/or repair of graffiti or vandalism to the buildings, fencing, commercial tenancies and common areas. This includes reporting incidents to police and/or relevant authorities.  

Graffiti resistant coatings must be used to external surfaces where possible, including signage, furniture, retaining walls, the architectural screen shielding the car park etc.

Way Finding/ Finding Help

Signs should be strategically located at entrances and near activity nodes such as intersections of corridors or paths.  

Signs should indicate how to report maintenance problems in the complex.  

Signs throughout the development should be large and legible, and strong colours, standard symbols and simple graphics. They should indicate where to go for help or assistance.

Fencing

Front fences should preferably be no higher than 1.2 metres. Where a higher fence is proposed, it will only be considered if it is constructed of open materials e.g. spaced pickets, wrought iron etc.  

Fence design to the ground floor units should maximise natural surveillance from the street to the building and from the building to the street, and minimise the opportunities for intruders to hide.

 

3.2.7    Should any "unexpected finds" occur during the excavation and earthworks, including, but not limited to, the identification/finding of contaminated soils, buried building materials, asbestos, odour and/or staining, works are to cease immediately and Council is to be notified.  Any such "unexpected finds" shall be addressed by an appropriately qualified environmental consultant.

All remediation works within the Penrith Local Government Area are considered to be Category 1 works under State Environmental Planning Policy No. 55 - Remediation of Land.  Should any contamination be found during development works and should remediation be required, development consent is to be sought from Penrith City Council prior to remediation works commencing.

 

3.2.8    Wastewater from the washing of garbage bins and vehicles is not to enter the stormwater system.

 

3.2.9    Dust suppression techniques are to be employed during demolition and construction to reduce any potential nuisances to surrounding properties.

 

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

 

3.2.11  Prior to the erection of any crane or any temporary construction structure at a height greater than the roof of the subject development, written notice shall be provided to Council at least 21 days prior to the erection, indicating at least the following:

 

(i)         Name of responsible company and relevant contact details.

(ii)        Dimensions (height, length, etc.)

(iii)       Position and orientation of boom/jib and counter boom/jib

(iv)       Length of time that such a crane or structure will be erected on site.

 

                                               Any crane or any temporary construction structure erected at a                            height greater than the roof of the subject development shall                                   comply with the following:

                                              

·    Be equipped with medium intensity steady red lighting positioned at the highest point and both ends of the boom/jib and counter boom/jib, such that the lighting will provide an indication of the height of the crane and the radius of the crane boom/jib. Such lighting, is to be on and displayed at all times of the day and night, should be positioned so that when displayed it is visible from all directions.

·    When a crane is unattended for an extended period of time ensure the crane’s boom is retracted and lowered as far as        possible.

·    Any encroachment of the crane or its components beyond the boundaries of the subject site shall be the minimum amount required to facilitate construction and access all parts of the construction site.

3.2.12  All mechanical plant and equipment is to comply with the noise criteria outlined in 'Proposed Residential Development: 12 Vista Street, Penrith NSW 2750 - Road Traffic Noise and Mechanical Plant Assessment' prepared by Rodney Stevens Acoustics Pty Ltd dated 5 April 2017 (Ref. R170160R1).

 

Prior to the issue of the Construction Certificate, further details on the type and location of all mechanical plant and equipment associated with the development it to be provided to Council for consideration and approval.  Suitable data and information on the noise impacts associated with this plant and equipment is to be reviewed by an acoustic consultant and written correspondence is to be supplied to demonstrate compliance with the established noise criteria. 

 

3.2.13  Construction works shall be carried out in accordance with the NSW Department of Environment and Climate Change’s “Interim Construction Noise Guideline” 2009.

 

3.2.14  The current waste infrastructure provided within the development is to be built in accordance with configurations specified in the architectural plans labelled Ground Level (drawing number DA06, issue B), Basement 1 (drawing number DA11, issue B) and Swept Path Waste Bay (drawing number DA22, issue B).

 

3.2.15  Prior to the issue of an Occupation Certificate, the following is to be provided:

 

(a)  A boom gate or equivalent infrastructure is to be installed at the waste truck entrance to restrict access to the waste collection bay to Councils collection vehicles only. System to implement an abloy key system to facilitate access.  

 

(b)  An abloy key system on each of the dual access doors of the bulky waste room to restrict resident access.

 

(c)  Installation of respective electrical requirements to operate each of the 10m3 integrated auger compactor in accordance with section 7.2.2 of the ‘Residential Flat Building Developments Waste Guideline Document’ available on Council’s Website.

 

(d)  Implementation of guide rails for each of the 10m3 integrated auger compactors in accordance with section 7.2.4 of the ‘Residential Flat Building Developments Waste Guideline Document’ available on Council’s Website.

 

(e)  Hydraulic override system to be implemented within the turn table in accordance with section 3.2.5 of the ‘Residential Flat Building Developments Waste Guideline Document’ available on Council’s Website.

(f)  A power source for each of the bin lifters is to be provided in accordance with section 7.2.5 of the ‘Residential Flat Building Developments Waste Guideline Document’ available on Council’s Website.

3.2.16  Prior to the issue of an Occupation Certificate (to facilitate bulky waste collection), a "Loading Zone" restriction is to be implemented as shown in the Site Layout Plan.

This is to be approved by Council's Local Traffic Committee prior to implementation and installed at no cost to Council.

 

3.2.17  Prior to the issue of any Occupation Certificate, all dwellings within Penrith LGA are required to enter a formal agreement with Penrith City Council for the utilization of Council’s Waste Collection Service. This is to include Council being provided with indemnity against claims for loss or damage.

Note: By entering into an agreement with Council for waste collection, the development will be required to operate in full compliance with Penrith City Councils Waste collection and Processing Contracts for Standard Waste Collection. The provision of Council’s waste collection service will not commence until formalisation of the agreement. The original signed copy is to be submitted to Council. The document can be downloaded via the following link:
https://www.penrithcity.nsw.gov.au/Building-and-Development/Development-Applications/Forms/

 

3.2.18  Prior to the issue of an Occupation Certificate, the developer is to enter into a formal agreement with Penrith City Council for the utilisation of Council's Waste Collection Service.  This is to include Council being provided with indemnity against claims for loss or damage.

Note: By entering into an agreement with Council for waste collection, the development will be required to operate in full compliance with Penrith City Council's Waste Collection and Processing Contracts for Standard Waste Collection.  The provision of Council's waste collection service will not commence until formalisation of the agreement. 

 

3.2.19  The trees Nos. 18, 19, 20, 28, 29, 30 & 52 must be retained and protected in accordance with the recommendations of the Arboricultural Impact Appraisal and Method Statement, prepared by Naturally Trees and dated 7 April 2017.

 

3.2.20  The trees approved by Council for removal shall be removed in a manner so as to prevent damage to those trees that are to be retained.

 

3.2.21  All fencing required by the development shall be constructed at full cost to the property owner or developer of the site.

 

3.2.22  To ensure a high quality finish internal and external of the development site, any retaining walls shall be of solid masonry construction. The surface shall be either rendered to match the external colour schedule or constructed in a face brick finish.

 

3.2.23  All precautions shall be taken to adequately protect trees on public property (i.e. footpaths, roads, reserves, etc.) against damage during the construction phase of the development. No trees on public property shall be removed, pruned or damaged during construction. This includes the erection of any fences, hoardings or other temporary works. The placement of construction materials beneath the canopy of street trees is prohibited.

 

3.2.24  Subleasing of car spaces is not permitted by this consent.

 

3.2.25  All car spaces and loading areas are to be sealed/line marked and dedicated for the parking of vehicles only and not to be used for storage of materials/products/waste materials etc.

 

3.2.26  Prior to the issue of an Occupation Certificate, secure bicycle parking is to be provided at convenient locations in accordance with AS 2890.3 Bicycle Parking Facilities to the satisfaction of the Principal Certifying Authority.

 

3.2.27  Signage indicating the location of visitor parking is required at the driveway entrance.

 

3.2.28  The required sightlines around the driveway entrances are not to be compromised by landscaping, fencing or signage.

 

3.2.29  All vehicles are to enter/exit in a forward direction. 

 

4    Those individuals who made a submission be advised of Council’s decision. 

 

 

ATTACHMENTS/APPENDICES

1.

Locality Plan

1 Page

Attachments Included

2.

Elevation and Floor Plans

7 Pages

Attachments Included

3.

Landscape Plans

3 Pages

Attachments Included

  


Ordinary Meeting                                                                                               28 August 2017

 

 

 

4

Heritage Assistance Fund 2017-2018   

 

Compiled by:               Clare Aslanis, Senior Environmental Planner

Authorised by:            Peter Wood, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

Deliver timely assessment of development in accordance with statutory requirements

      

 

Executive Summary

 

Penrith City Council has continued to recognise local cultural heritage values, and to promote the City’s cultural and environmental heritage by establishing a Heritage Assistance Fund with $44,600 of funding available for the 2017/2018 financial year. This funding includes Council’s $30,000 contribution and the remainder received through a grant from the Office of Environment and Heritage.  This is a welcome increase in funding with Councils contribution being $15,000 more this financial year than previous years.

 

Thirteen applications for funding are recommended to be supported through an equitable distribution of funds on a dollar for dollar basis.  The package of works proposed represents a significant cumulative contribution to heritage conservation through collaboration between private property owners, state and Local Government.

Background

The Heritage Assistance Fund has been set up to financially assist owners, lessees and not-for-profit organisations of heritage items and conservation areas such as buildings, houses and archaeological sites. The fund also offers grants for conservation work to properties listed in Penrith Local Environmental Plan 2010 as heritage items or within heritage conservation areas.

 

Funding is on a $1 for $1 basis where Council contributes half of the cost of the restoration works. Funding can range from $1 to a maximum of $5,000 based on the cost of the proposed works. Funding is issued upon completion of all approved works. The funding was advertised in the local newspaper and applications closed on 5 June 2017.

 

A successful application will demonstrate that the proposed works are essential to maintaining the significance of an item. That is, the work is appropriate from a heritage perspective and achieves the selection criteria as follows:

 

Criteria 1

 

Conservation work required to the item and urgent projects to avert a threat to a heritage item. Projects subject to conservation controls where the owner is able to show hardship arising from conservation work required to the item.

 

 

 

Criteria 2

 

Projects that have satisfied submission requirements: details of proposed works and schedule of the specific works to be undertaken, submission of two quotes.

 

Criteria 3

 

Demonstrate the proposed works are appropriate from a heritage point of view and would encourage the conservation of other heritage items.

 

Criteria 4

 

Projects that demonstrate value to the community. Projects that are highly visible to the public, e.g. the replacement of a verandah to a building in a main street location.

 

Recommended Applicants

A total of seventeen (17) applications were received. Of these, thirteen (13) applications are recommended for the funding and are listed in the table below. The applications not recommended did not provide quotes and/or did not meet the eligibility criteria.

 

 

Heritage Item & Address

Proposed Works

Estimated cost of works

Grant Requested

Recommended

Grant

1

Cottage

59 Castlereagh St, Penrith

 

Under pinning of sub-floor structures to stabilize walls and remove bad wall cracks.

$8,650

$4,325

$4,000

2

Former Presbyterian Manse

154 Derby street, Penrith

Restoration of three chimneys

$3,960

$1,980

$1,980

3

Lemongrove Conservation area

35 Lemongrove Road, Penrith

Restore the southern wall of the main dwelling

$19,000

$5,000

$4800

4

House

73 Forbes St, Emu Plains

Repair and maintain the garage

$9,784

$4,000

$3,900

5

Warwick Street Conservation Area

22 Warwick Street, Penrith

External painting and roof repairs

$10,000

$2,500

$2,500

6

Cottage

11/7-9 Warwick Street, Penrith

Gutter repair and replacement

$6,955

$3,477

$3,300

7

St Mary Magdalene Anglican Church Small Hall 

299-311 Great Western Hwy, St Marys

Replacement of roof framing and ceiling lining

$85,000

$5,000

$5,000

8

Warwick Street Conservation Area

29 Warwick Street, Penrith

External painting and roof repair

$19,789.12

$10,000

$4800

9

Combewood

234 Coreen Ave, Penrith

Restoration of four original balcony balustrade panels

$3,200

$1,600

$1,600

10

Cottage

4 Warwick Street, Penrith

Repair to weatherboards and external painting

$10,320

$5,000

$4,800

11

Christchurch Anglican Church

230-232 Church Lane, Castlereagh

Roof Repairs

$8,965

$4,487

$4,200

12

Cottage

15 Lemongrove Road, Penrith

Termite protection

$7,099

$3,600

$800

13

Farmhouse

282 Aldington Road, Kemps Creek

External Painting and Window Repair

$6,150

$3,052

$2,900

Total

$44,580

Conclusion

The applications were presented to the Heritage Advisory Committee meeting of 9 August 2017 and the committee has endorsed the allocation of funding as outlined above.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Heritage Assistance Fund 2017-2018 be received.

2.    Council endorse the funding allocation as outlined in the report.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                               28 August 2017

 

 

 

5

Request for Section 94 Contribution Waiver for Stage 1 of Development Consent DA15/0198 from Wentworth Community Housing, Nos. 11-15 Phillip Street, St Marys   

 

Compiled by:               Gavin Cherry, Development Assessment Co-ordinator

Authorised by:            Peter Wood, Development Services Manager  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

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

A request has been received from Wentworth Community Housing for a waiver to Section 94 Contributions conditioned with Stage 1 of an approved Residential Flat Building Development for affordable rental housing and social housing at Nos. 11 – 15 Phillip Street, St Marys.

 

The report recommends support be provided for the Stage 1 waiver request as Council has contributed to the funding of the Stage 1 works in the order of $1.13 million and the payment of Section 94 contributions has the potential to undermine the intent of this funding and the support that Council has previously provided for this component of the project.

 

Section 94 contributions associated with Stage 2 are not proposed to be waived as a result of a modified request from Wentworth Community Housing. This modified request was based on an indication that a Stage 2 waiver would not be supportable as this component is covered under a separate funding regime with assistance from the State Government in addition to the Federal National Rental Affordability Scheme fund and Wentworth Community Housing.

 

Development Application History

 

Development Application DA15/0198 was lodged on behalf of Wentworth Community Housing for the following development proposal: -

 

·    Construction of forty-nine (49) units in two stages, with a mixture of 20 x 1 and 29 x 2 bedrooms and includes 4 adaptable units;

·    Stage 1 includes 24 units within the western 4 storey building;

·    Stage 2 includes 25 units within the eastern 5 storey building;

·    Each building is serviced by an individual lift and is connected by a smaller central portion up to level 4;

·    Of the proposed units, 15 will be social housing units;

·    Twenty-six (26) car parking spaces and 8 bicycle spaces within a common basement are proposed which is accessed from the western end of the site from Phillip St and enclosed by a roller door;

·    Landscaping around the perimeter of the site;

·    Drainage works comprising on-site detention;

·    Area of common open space for the residents at the rear of the site;

·    Accommodation of waste storage, hydrant and electrical substation within the front setback; and

·    Modern appearance including a mix of face brick, cladding and render. The colour palate is light brown and grey with highlights of colour being two shades of grey and two shades of green/yellow.

 

The proposal had a capital investment value in excess of $5 million and, as it was for an affordable housing development, the matter required determination by the then NSW Joint Regional Planning Panel (JRPP).

 

Development Consent was granted by the JRPP on 21 May 2015 subject to conditions of consent.

 

On 15 December 2015 a Section 96 Modification Application to DA15/0198 was lodged with Council seeking to defer payment of Section 94 Contributions from ‘prior to the issue of a Construction Certificate’ to ‘prior to the issue of an Occupation Certificate’. This modification application was approved by Council under delegated authority on 8 February 2016.

Request from Wentworth Community Housing

On 12 May 2017 Council received correspondence from Wentworth Community Housing (WCH) seeking deferral of Section 94 contributions required as a result of Development Consent Number DA15/0198.

 

The request sought deferral for an indefinite period while the proposal is managed as an affordable housing scheme.  The request indicated that 100% of the 49 units (Stage 1 and Stage 2) will be managed as affordable housing in perpetuity.

 

The request for deferral of monetary contributions for an indefinite period was found to be problematic, as there would need to be sufficient security that the payments can be made in the future and that the development will function as an affordable rental housing development for its’ life span.  For these reasons the request was considered as a waiver on the payment of monetary contributions rather than a deferral of payment. This was outlined to Wentworth Community Housing by way of letter dated 6 July 2017. 

 

It was subsequently suggested that an amended request could be considered which was submitted as follows:

 

-     Stage 1 of the development be the subject of a waiver request as the proposal was provided funding assistance from Council; and

 

-     Stage 2 retain Section 94 contributions as imposed within the issued consent as this component is being pursued with state government funding assistance.

Affordable Housing Funding Background

 

Council entered into an agreement with Housing NSW to facilitate the delivery of long term affordable rental housing in the city through the allocation of funds generated from Voluntary Planning Agreements. 

 

This development has benefited from such a commitment with Council assisting with funding for Stage 1 of the project being the delivery of 24 affordable units. This is understood to be to the value of $1.13 million.  The funding proposal for Stage 1 of the development was endorsed by Council by way of a resolution on 31 August 2015.

 

It is noted that the report to this meeting outlined that funding from Council (attributed to Stage 1) was also matched by Federal National Rental Affordability Scheme funds, the State Government and Wentworth Community Housing’s own borrowings and reserves noting that WCH won the tender for the project.

 

Policy and Development Consent Considerations

 

In accordance with Department of Planning’s Development Contributions Practice Note dated July 2005, Council may grant exemptions to development contributions in situations where a reasonable justification can be provided.

 

The practice note outlined above states that Council’s policy on exemption must be stated in the relevant development contribution plans that apply. Three contribution plans apply to the development being Penrith City Council’s Section 94 Plans for District Open Space, Local Open Space and Cultural Facilities. A review of these plans confirms that there is no provision for exemption built into the plans.  As a result, a resolution of Council is required to proceed with the granting of any deferral or waiver that is requested.

 

Condition No. 41, 42 and 43 of the issued development consent specifies the required Section 94 contributions to be paid  to Council under each plan and notes the following:-

 

“…the contribution will no longer apply where a reduction or exemption is granted by way of a Council resolution and written advice reflective of this resolution is provided.”

 

It is acknowledged that the development consent was set up to allow for consideration of an exemption (or waiver) with the support of a Council resolution which can be considered despite the directions outlined within the Practice Note. This was undertaken to avoid the need for further Section 96 modification applications should a deferral or a waiver be supported.

 

Implications on Section 94 Contribution Planning

 

The collection of Section 94 contributions is directed towards the delivery of necessary infrastructure for the growing community. The demand placed on this infrastructure is directly attributed to increased residential development including affordable rental housing.

 

The Section 94 Contributions applicable to Stage 1 of the development are $132,634 as currently indexed.

 

The key issues in the consideration of such a request are as follows: -

 

·    The Section 94 contribution plans rely on the funding from approved developments to build infrastructure required by the community. In this regard, Council has borrowed money for infrastructure already built which is then repaid through the collection of Section 94 contributions.

 

·    The community benefit of the affordable housing development is limited to a portion of the community (being residents within the development), and therefore does not necessarily have an overarching community benefit that outweighs contribution to the delivery of necessary open space and cultural facilities.

 

·    Council’s Section 94 Contributions Plans do not facilitate this request (as per the practice note requirements and guidelines).

 

If the request for a Stage 1 waiver was to be supported the following implications would be applicable: -

 

-     The collection of funds under the Cultural Facilities Section 94 Plan is directed to repay debt incurred by Council for the advanced provision of the St Marys Corner and Dame Joan Cultural Facilities and the resulting loss of contributions from this request (being $16,724) would need to be otherwise supplemented; and

-     Funds collected under the Local Open Space and District Open Space Section 94 contribution plans are to be put towards facilities in close proximity to the site, including local park upgrades as well as district facilities at Blair Oval and The Kingsway in St Marys. Absence of contributions from this development means the Plan shortfall would need to be met by Council through alternate means. The resulting deficit would be $167,199 of District Open Space funds and $60,494 of Local Open Space funds would need to be otherwise supplemented.

 

While it is acknowledged that the community to reside within the Stage 1 component of the development directly contributes to the demand placed on public infrastructure delivered through the contribution plans, the funding proposal endorsed by Council did not expressly address contribution requirements and as such a waiver to the Stage 1 contributions is considered to be a reasonable impost to absorb, to ensure the delivery of affording housing in accordance with Council’s broader commitments to the community as resolved by Council on 31 August 2017. 

 

This approach however does not reasonably extend to Stage 2 of the development which is funded through alternate means and which contributes to a demand on infrastructure to be delivered through funding outlined within the contribution plans. It is both reasonable and necessary that contributions associated with Stage 2 of the development be collected so as to deliver on the infrastructure commitments within the contribution plans and negate further financial burden on Council to supplement the shortfall in contribution funding.

 

It is therefore recommended that Stage 1 Section 94 Contributions be waived and that Stage 2 Section 94 Contributions remain as currently imposed within the issued Development Consent.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Request for Section 94 Contribution Waiver for Stage 1 of Development Consent DA15/0198 from Wentworth Community Housing, Nos. 11-15 Phillip Street, St Marys be received.

2.    The applicant be advised in writing that section 94 contributions associated with Stage 1 of the approved development are waived and that Section 94 contributions associated with Stage 2 are to be paid in accordance with the conditions outlined within the issued consent.

 

 

ATTACHMENTS/APPENDICES

1.

DA15/0198 - Locality Plan

1 Page

Attachments Included

2.

Request for Waiver

1 Page

Attachments Included

3.

Report or PRC on Penrith Affordable Housing Project

5 Pages

Attachments Included

4.

Site plans and elevations

2 Pages

Attachments Included

  


Ordinary Meeting                                                                                               28 August 2017

 

 

 

6

Section 96(1A) Application No. DA16/1007.01 for Modifications to Consent Conditions for Approved Place of Public Worship at Lot 142 DP 876948, (No. 17-27) Factory Road, Regentville  Applicant:  Foothills Vineyard Church;  Owner:  Isaiah's Vision Ltd   

 

Compiled by:               Clare Aslanis, Senior 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 Section 96 (1A) Modification Application, to an approved Place of Worship seeking to defer specified works until a future ‘Stage 2’ Development Application is pursued at 17 – 27 Factory Road, Regentville. The overall planned development will be staged with this application being for 'Stage 1' works only.

An assessment under Section 79C and Section 96 of the Environmental Planning and Assessment Act 1979 has been undertaken and the application is recommended for approval, subject to the recommended amended conditions of consent.

Background

Development Application DA16/1007 was approved by Council at its’ meeting on 27 February 2017 for the construction of a hall to be used as a place of public worship.

 

The approved development application involved the construction of a hall to be used as a place of public worship and included:

·    a meeting area with capacity for up to 100 parishioners

·    an office for use 9am-5pm weekdays

·    toilet facilities

·    kitchen facilities

·    Construction of a 72m2 shed for storage of a BBQ, trailer, ride-on lawn mower, and general equipment related to the worship services.

·    Outdoor areas with children’s play equipment, BBQ area, community garden and a basketball court

·    Associated landscaping

·    Worship services are scheduled for Sundays between 9:30am-11:30am and 5:30pm-7:30pm with use of music with PA systems during these services

·    Church lunch gatherings once per month after the morning service, between 12pm-2pm

·    Construction of car parking with 23 on site car parking spaces

·    Occasional wedding and funeral ceremonies 

Proposed Development

 

The modification application seeks to amend conditions of consent to allow for the deferral of works including:

·    Reducing the Factory Road pavement and kerb and gutter construction to finish 6m beyond the access driveway. The balance of the works along the property frontage will need to extend further west as part of the future Stage 2 works DA.

·    Use of temporary road base construction for the car park with the final surface sealing placed two years from the issue of the Occupation Certificate.

·    Deferral of the rain garden construction and final car park drainage system to align with the construction of the final car park surface.

·    Deferral of the landscaping works subject to completion of the works one year from the issue of the Occupation Certificate.

·    Deferral and reduction in size of the basketball/netball court.

·    Increase the size of the meeting hall by 5m in length.

 

 Planning Assessment

 

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

 

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

 

The proposed modifications do not alter compliance with Penrith Local Environmental Plan 2010 with respect to permissibility, building height or compliance with the relevant objectives of the zone.

 

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

 

The proposed modifications do not alter compliance with respect to Penrith Development Control Plan 2014 as deferred works do not compromise the function of the approved use or its compliance with relevant development standards in the DCP. The increased floor area of the Place of Worship has resulted in increased minimum car parking numbers. The applicant has increased the total number of car parking spaces to 37 to ensure compliance with the DCP.

 

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

 

The above listed modifications to DA16/1007 are unlikely to result in any adverse impacts on the locality however the full extent of the reduction in construction of pavement and kerb and guttering sought is not supported. It is recognised that this will enable the applicant to deliver the first phase of the development in a more feasible manner.

 

 In order to ensure the continued safe, long-term functioning of the roadway and adjacent intersection with Loftus Street in relation to parking, road alignment, the bus stop and entry and exit to the site, it is considered that construction for the site frontage past the Loftus Street intersection with no-stopping signs is essential. The remainder of the pavement, kerb and guttering for the balance of the frontage heading west can form part of future stage works as this part of the site remains effectively as a vacant rural lot. This represents a distance of approximately 70m of kerb and gutter as opposed to the 40m sought for the 116m site frontage.

 

The deferral of all other works to future stage developments or within one or two years from the date of the Occupation Certificate will enable the parish to be established in a timely and sustainable manner whilst maintaining a similar outcome that was envisaged through the original application. The timing of these works enables the parish obtain funding, whilst achieving the minimum requirements for the development within a set timeframe, resulting in negligible delays.

 

The proposal results in substantially the same development that was approved under DA16/1007 and satisfies key considerations under Section 96 of the Environmental Planning and Assessment Act 1979.

 

 

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

 

The site remains suitable for the following reasons:

·      The part of the site utilized is commensurate with the extent of works proposed

·      The use remains compatible with surrounding/adjoining land uses

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

·      Contamination reports have demonstrated that the site is suitable for the proposed purpose which is not altered by the proposed modification

·      The site has the capacity to implement acoustic treatments

·      The site is large enough to cater for the car parking required

·      The objectives of the original consent are maintained with the altered timing of delivery of some key works

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

 

In accordance with Appendix F4 of Penrith Development Control Plan 2014, the proposal did not need to be notified to adjoining and adjacent residents and occupants as there were no original submissions.

 

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

The development will provide a community service along with a place for group worship. The proposal remains generally compliant with the relevant controls as discussed throughout this report and is unlikely to cause any significant issues of public interest. No submissions were received during exhibition of the original development application.

Conclusion

 

In assessing this application against the relevant environmental planning policies, being the Penrith Local Environmental Plan 2010, Sydney Regional Environmental Plan No. 20 and State Environmental Planning Policy No. 55 - Remediation of Land, the proposal satisfies the aims, objectives and provisions of these policies.

The proposed modifications are minor in nature and result in substantially the same development. The site is suitable for the proposed development as amended. The proposal is in the public interest and there is unlikely to be negative impacts arising from the proposed development subject to the recommended conditions of consent. Therefore, the application is worthy of support.

 

RECOMMENDATION

That:

1.    The information contained in the report on Section 96(1A) Application No. DA16/1007.01 for Modifications to Consent Conditions for Approved Place of Public Worship at Lot 142 DP 876948, (No. 17-27) Factory Road, Regentville be received.

2.    Modification Application DA16/1007.01 for Section 96(1A) Application No. DA16/1007.01 for Modifications to Consent Conditions for Approved Place of Public Worship at Lot 142 DP 876948, (No. 17-27) Factory Road, Regentville be approved subject to the following amendments to the issued conditions of consent:

a.           Standard Conditions

A001      General 

 

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

Plans

Numbered

Drawn By

Dated

Landscape Plan

1475.GD.01 (Issue A)

Greenland Design

7 September 2016

Landscape Details and Specifications

1475.GD.02 (Issue A)

Greenland Design

7 September 2016

Site Plan

1724 - Sheet 1 (Issue E)

TJK Design

12 August 2017

Floor Plan

1724 - Sheet 2 (Issue E)

TJK Design

12 August 2017

Elevations Plan

1434 - Sheet 3 (Issue E)

TJK Design

12 August 2017

Sections Plan

Issue E

TJK Design

12 August 2017


K203          S138 Roads Act

Prior to the issue of any Construction Certificate, the Certifying Authority shall ensure that a Section 138 Roads Act application, including payment of application and inspection fees, has been lodged with, and approved by Penrith City Council (being the Roads Authority under the Roads Act), for provision of kerb and gutter, piped drainage and half road width pavement construction in Factory Road from the eastern property boundary to a distance of 10m past the western kerb line of Loftus Street, matching the southern side of Factory Road.

Engineering plans are to be prepared in accordance with the development consent, Penrith City Council’s Design Guidelines for Engineering Works for Subdivisions and Developments, Engineering Construction Specification for Civil Works, Austroads Guidelines, and best engineering practice.

Contact Penrith City Council's Development Engineering Department on (02) 4732 7777 or visit Penrith City Council’s website for more information.
Note:

a)      Where Penrith City Council is the Certifying Authority for the development the Roads Act approval for the above works may be issued concurrently with the Construction Certificate.

b)      Separate approvals may also be required from the Roads and    Maritime Services for     classified roads.

c)       All works associated with the Roads Act approval must be completed prior to the issue           of any Occupation Certificate or Subdivision Certificate as applicable.

 

K509      Line Marking & Signage

 

Prior to the issue of any Occupation Certificate the applicant shall provide regulatory ‘No Stopping’ signage along the property frontage from the eastern boundary of the development site to 10m past the western kerb alignment of Loftus Street.

 

Prior to the installation of any regulatory ‘No Stopping’ signage, plans showing the location of the ‘No Stopping’ signage and existing bus stop / bus zone signage are to be lodged with Penrith City Council and approved by the Local Traffic Committee.

Notes:

a)      Contact Penrith City Council’s Engineering Services Department on (02) 4732 7777 for further information on this process.

b)      Allow eight (8) weeks for approval by the Local Traffic Committee.

c)       Applicable fees are indicated in Council’s adopted Fees and Charges


 

 

K210      Stormwater Management

The stormwater management system shall be provided generally in accordance with the concept plan/s lodged for development approval, prepared by SEEC, reference number 16000231, Drawing No's SWMP01 & SWMP02, revision 1, dated 20/09/2016.

Engineering plans and supporting calculations for the stormwater management systems are to be prepared by a suitably qualified person and shall accompany the application for a Construction Certificate. Prior to the issue of any Construction Certificate, the Certifying Authority shall ensure that the stormwater management system has been designed in accordance with Penrith City Council’s Stormwater Drainage for Building Developments and Water Sensitive Urban Design (WSUD) policies. All measures shall be implemented in accordance with the approved plans within two years of the issue of an occupation certificate.

 

K504      Stormwater Compliance

Within two years of the issue of any Occupation Certificate, the Principal Certifying Authority shall ensure that the:

a)      Stormwater management systems (including on-site detention and      water sensitive urban design)

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

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

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

 

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

 

K505      Restriction as to User and Positive Covenant

Prior to the issue of final Occupation Certificate, a restriction as to user and positive covenant relating to the:

a)      Stormwater management systems (including on-site detention and      water sensitive urban design)

Shall be registered on the title of the property. The restriction as to user and positive covenant shall be in Penrith City Council’s standard wording as detailed in Penrith City Council’s Stormwater and Drainage for Building Developments policy.

 

K            Special Pavement Seal

All areas required for vehicular access, car parking and manoeuvring are to be concreted or sealed with a bituminous pavement. Full details, including pavement design, are to be submitted with the Construction Certificate.

The vehicular crossover and access handle are to be sealed from the road for a distance of 15m inside the property boundary prior to the issue of any Occupation Certificate. Final seal of the internal car parking areas shall be implemented in accordance with the approved plans within two years of the issue of an Occupation Certificate.

 

L001      Landscaping General

All landscape works are to be constructed in accordance with the stamped approved plans within one year of any Occupation Certificate being issued.

Landscaping shall be maintained:

·    in accordance with the approved plan, and

·    in a healthy state, and in perpetuity by the existing or future owners and occupiers of the property.

If any of the vegetation comprising that landscaping dies or is removed, it is to be replaced with vegetation of the same species and, to the greatest extent practicable, the same maturity as the vegetation which died or was removed.

 

Q05F          Occupation Certificate for Class

An Occupation Certificate is to be obtained from the Principal Certifying Authority on completion of all works and prior to the occupation/use of the buildings. A Final Occupation Certificate shall not be issued if any conditions of this consent, but not the conditions relating to the operation of the development, are outstanding.

A copy of the Occupation Certificate/s and all necessary documentation supporting the issue of the Certificate is to be submitted to Penrith City Council, if Council is not the Principal Certifying Authority.

 

 

ATTACHMENTS/APPENDICES

1.

Locality Plan

1 Page

Appendix

2.

Architectural Plans

4 Pages

Appendix

  


Ordinary Meeting                                                                                                            28 August 2017

Appendix 1 - Locality Plan

 

PDF Creator


Ordinary Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          28 August 2017

Appendix 2 - Architectural Plans

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Ordinary Meeting                                                                                               28 August 2017

 

 

 

7

Section 96(2) Application No. DA15/0541.02 for Modifications to Approved Alterations & Additions to Nepean District Christian School Including Two (2) Additional Classroom Buildings & Deletion of Previously Approved Additions to Two (2) Existing Classroom Buildings & Staff Room at Lot 200 DP 804405, (No. 836-840) Mulgoa Road, Mulgoa  Applicant:  Bow Goold Architects;  Owner:  Nepean District Christian Education Association Ltd   

 

Compiled by:               Clare Aslanis, Senior 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 Section 96(2) modification application for minor alterations and additions to approved classrooms (Blocks 4, 6, 9, 10 and 11) which form part of broader alterations and additions to an existing school approved via DA15/0541 and later modified under DA15/0541.01.

An assessment under Section 96(2) and 79C of the Environmental Planning and Assessment Act 1979 has been undertaken and the application is recommended for approval.

 

Site and Surrounds

 

The site is situated on the eastern side of Mulgoa Road, approximately 3.8km south of the M4 Motorway and 3.2km north of Mulgoa Village (see Locality Plan attachment 1). The site has a total area of approximately 10.12 Ha and falls 30m from east to west. Mulgoa Creek is situated on the western of the property boundary of the school site. The site is occupied by a number of school buildings, play areas and access driveways and parking areas.

 

Background

The development application (DA15/0541) approved on 29 October 2015 involved:

·      Construction of two (2) new classrooms.

·      Construction of a new shed measuring 6m x 15m.

·      Alterations and additions to part of the existing campus.

·      Alterations to the existing vehicular access and parking.

·      Increase the number of students from 374 students to a maximum of 780 with 60 students each year.

·      Increase the number of staff from 42 to 80.

·      Associated tree removal and landscaping.

A subsequent modification application was approved under DA15/0541.01 on 23 June 2016 for minor alterations and additions to Block 8 including:

·      the enclosure of two small outdoor terrace areas to form part of the main buildings structure;

·      internal layout changes and

·      additional retaining walls along the south east side of the building and inclusion of external steps around the building.

Proposed Development

 

The proposed modifications involve minor alterations and additions including:

·    Add two new buildings - Blocks 10 & 11 - for kindergarten to year 2 including classrooms and toilets;

·    Retract approved Block 6 alteration and addition to accommodate kindergarten to year 2;

·    Retract approved Block 4 extension to accommodate staff common and study rooms;

·    Revise approved Block 4 alterations to include staff study room only;

·    The staff common room will be relocated to Block 6;

·    Provide an interim plan for vehicle access and parking for the purpose of discharging interim occupation certificate(s) for stages preceding Block 9.

 

No change to the approved maximum number of students nor on-suite parking provision is proposed.  The architectural plans outlining the proposed changes are included in Attachment 2.

 

Planning Assessment

 

Section 91 – Integrated Development

 

The original application was identified as integrated development requiring authorization from the Rural Fire Service (RFS) under the Rural Fires Act 1997 and the Department of Primary Industries – Water under the Water Management Act 2000. The modifications have been reviewed by the respective authorities and the General Terms of Approval issued for the original development remain appropriate for this proposal.



Section 96(2) – Other modifications

 

The development has been assessed in accordance with the matters for consideration under Section 96(2) and Section 79C of the Environmental Planning and Assessment Act 1979, and having regard to those matters, the following issues have been identified for further consideration.

·      The development is substantially the same as the previous approval.

·      The proposed modifications are of minimal environmental impact.

·      The application was notified, advertised and exhibited in accordance with Penrith Development Control Plan 2014. No submissions have been received.

The proposed modifications do not alter or diminish the development’s compliance with the relevant planning instruments previously used to assess the application being Sydney Regional Environmental Plan (SREP) No. 20 – Hawkesbury Nepean River, State Environmental Planning Policy (Infrastructure) 2007, Penrith Local Environmental Plan 2010 and Penrith Development Control Plan 2014.

In accordance with Section 96(3), consideration has been given to the matters referred to in Section 79C(1) as are of relevance to the development subject of this application as follows:

 

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

 

The proposed modifications do not alter compliance with Penrith Local Environmental Plan 2010 with respect to permissibility, building height or compliance with the relevant objectives of the zone.

 

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

 

The proposed modifications do not alter compliance with respect to Penrith Development Control Plan 2014 as deferred works do not compromise the function of the approved use or its compliance with relevant development controls in the DCP.

 

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

 

The proposed modifications to DA15/0541.01 are unlikely to result in any adverse impacts on the locality.

 

The proposed modification will result in additional clearing of vegetation. From the updated Flora and Fauna Assessment Report prepared by Abel Ecology, dated 13/6/2017, the vegetation proposed to be removed for the Asset Protection Zone (APZ) is similar to that which was approved to be removed for the original development. As such, the requirements for the establishment and management of the APZ will be the same.

 

A site inspection revealed that the vegetation to be removed consists of native saplings, some native ground covers and introduced grasses and weeds. The abovementioned Flora and Fauna Assessment Report identifies the area for the APZ and proposed to remove all weeds, thin shrub layer, retain all native ground covers and grasses and only thin Eucalypt trees where necessary to allow the area to be maintained as native open woodland rather than completely clearing.

 

Notwithstanding the above, it appears that the area identified as the APZ has been completely cleared and not implemented in accordance with the conditions of consent. This matter has been referred to Council’s compliance team for action. To mitigate the impacts of this modification proposal, the applicant has been made aware of the report recommendations and conditions of consent, and the relevant conditions of consent will also be noted on the stamped approved plans.

 

Further, the proposal results in substantially the same development that was approved under DA15/0541 and DA15/0541.01, and satisfies key considerations under Section 96 of the Environmental Planning and Assessment Act 1979.

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

 

The site remains suitable for the following reasons:

·      The immediate location is conducive to the new class rooms arrangement

·      The location and size of the site provides adequate separation to be compatible with surrounding/adjoining land uses

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

·      Contamination reports have demonstrated that the land is suitable for the proposed purpose which is not altered by the proposed modification

·      The site is large enough to cater for the car parking required

·      The objectives of the previous consent are maintained with the vegetation clearing and APZs

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

 

Community Consultation

In accordance with Appendix F4 of Penrith Development Control Plan 2014, the proposal was notified to 16 nearby and adjoining properties, advertised and exhibited between 30 June and 31 July 2017. No submissions were received.

 

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

The development will improve the overall function of the school and provide students with improved facilities. The proposal remains compliant with the relevant controls and is unlikely to cause any significant issues of public interest. No submissions were received during exhibition of the original development application.

Conclusion

 

In assessing this application against the relevant environmental planning policies, being Penrith Local Environmental Plan 2010, Sydney Regional Environmental Plan No. 20 and State Environmental Planning Policy No. 55 - Remediation of Land, the proposal satisfies the aims, objectives and provisions of these policies.

The proposed modifications are minor in nature and result in substantially the same development.  The site is suitable for the proposed development, the proposal is in the public interest and there is unlikely to be negative impacts arising from the proposed development.  The application is worthy of support, subject to recommended conditions.

 

RECOMMENDATION

That:

1.    The information contained in the report on Section 96(2) Application No. DA15/0541.02 for Modifications to Approved Alterations & Additions to Nepean District Christian School Including Two (2) Additional Classroom Buildings & Deletion of Previously Approved Additions to Two (2) Existing Classroom Buildings & Staff Room at Lot 200 DP 804405, (No. 836-840) Mulgoa Road, Mulgoa be received.

2.    Section 96(2) Application No. DA15/0541.02 for Modifications to Approved Alterations & Additions to Nepean District Christian School Including Two (2) Additional Classroom Buildings & Deletion of Previously Approved Additions to Two (2) Existing Classroom Buildings & Staff Room at Lot 200 DP 804405, (No. 836-840) Mulgoa Road, Mulgoa be approved subject to the following amendments to the issued conditions of consent:

Condition 1

The development must be implemented and/or installed substantially in accordance with the following plans stamped approved by Council, the application form and any       supporting information received with application, except as may be amended in red on     the attached plans and by the following conditions.

 

 Drawing Title

Plan No.

Prepared By

Date

Site Plan

Job No. 1411

DA01 Issue A

Bow Goold Architects

March 2015

Site Analysis

Job No. 1411

DA02 Issue A

Bow Goold Architects

March 2015

Roof Plan

Job No. 1411

DA03 Issue A

Bow Goold Architects

March 2015

Blocks 4 & 6 – Floor Plans

Job No. 1411

DA04 Issue A

Bow Goold Architects

March 2015

Blocks 4 & 6 – Elevations & Section

Job No. 1411

DA05 Issue A

Bow Goold Architects

March 2015

Blocks 5 – Floor Plan

Job No. 1411

DA06 Issue A

Bow Goold Architects

March 2015

Blocks 5 - Elevations

Job No. 1411

DA07 Issue A

Bow Goold Architects

March 2015

Blocks 8 – Floor Plan

Job No. 1411

DA08 Issue A

Bow Goold Architects

March 2015

Blocks 8 – Elevations & Section

Job No. 1411

DA09 Issue A

Bow Goold Architects

March 2015

Blocks 9 – Floor Plan

Job No. 1411

DA10 Issue A

Bow Goold Architects

March 2015

Blocks 9 – Elevations & Section

Job No. 1411

DA11 Issue A

Bow Goold Architects

March 2015

Vehicle Access & Parking

Job No. 1411

DA12 Issue A

Bow Goold Architects

March 2015

Pedestrian Access

DS13 Issue A

Bow Goold Architects

March 2015

Proposed Shed

DS14 -

Bow Goold Architects

March 2015

Trees and Vegetation to be Removed Plan

L01 Revision C

Stitch Design Studio

11/08/15

Landscape Plan

L02 Revision D

Stitch Design Studio

11/08/15

Proposed Planting Schedule, Typical Planting Details & Section

L03 Revision C

Stitch Design Studio

11/08/15

Cover Sheet & Legend

Hydraulic Services

HS01 Revision A

Neil Lowry & Associates Pty Ltd

29.05.15

Site Plan

Hydraulic Services

HS01 Revision A

Neil Lowry & Associates Pty Ltd

28.05.15

Sediment Control Plan

Hydraulic Services

HS01 Revision A

Neil Lowry & Associates Pty Ltd

28.05.15

Survey

Ref : 8463/582-15

Paul A Lawson

12 February, 2015

Statement of Environmental Effects

-

Bow Goold Architects

28 May 2015

Exterior Finishes

-

Bow Goold Architects

27 May 2015

Waste Management Plan

-

Bow Goold Architects

undated

Bush Fire Hazard Assessment Report

Reference Number : 150936

Building Code & Bushfire Hazard Solutions Pty Ltd

22nd April 2015

On-site Wastewater Management Report

Reference 209115-B

Envirotech

4 August 2015

Assessment of Traffic and Parking Implications

Reference 15105

Transport and Traffic Planning Associates

June 2015 Rev B

Flora and Fauna Assessment Report

Document No. : 1435-REP-79-ISS-1

Abel Ecology

5 June 2015

Vegetation and Asset Protection Zone Management Plan

Document No. : 1471-REP-132-ISS-1

Abel Ecology

26 August 2015

Access Audit Report

-

John Evernden

19.8.15

 
As amended by the following plans:

Drawing

Drawing Ref

Revision

Prepared By

Dated

Site Plan

A01

B

Bow Goold Architects

5.5.2016

Part Site Plan

A02

B

Bow Goold Architects

5.5.2016

Floor Plan

A03

B

Bow Goold Architects

5.5.2016

Elevations

A05

B

Bow Goold Architects

5.5.2016


As amended on 23 June 2016 under Section 96(1A) of the Environmental Planning and Assessment Act, 1979.


Condition 10

         

The recommendations of the Vegetation and Asset Protection Zone Management Plan (Document No. 1471-REP-132-ISS-1 dated 26 August 2015) prepared by Abel   Ecology shall be implemented.

Condition 62

 

The recommendations provided for the existing On-Site Sewerage Management   System in the letter prepared by Robert Day of Septic Solutions, dated 7 June 2017 are to be adhered to. This includes to all of the following discussed within the document:

·        Servicing recommendations

·        Recommendations for necessary repairs

·        Recommendations for continued use with projected expansion

Condition 63

All wastewater generating facilities associated with proposed blocks 10 and 11 are to be connected to the existing On-Site Sewerage Management System on the property by a suitably qualified person/s.

 

 

ATTACHMENTS/APPENDICES

1.

Locality Plan

1 Page

Appendix

2.

Floor and Elevation Plans

2 Pages

Appendix

  


Ordinary Meeting                                                                                                            28 August 2017

Appendix 1 - Locality Plan

 

PDF Creator


Ordinary Meeting                                                                                                            28 August 2017

Appendix 2 - Floor and Elevation Plans

 

PDF Creator

PDF Creator 


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

8        2017/18 Australian Black Spot, Safer Roads and Active Transport Programs - Offer of Funding                                                                                                                             74

 

 

 



Ordinary Meeting                                                                                               28 August 2017

 

 

 

8

2017/18 Australian Black Spot, Safer Roads and Active Transport Programs - Offer of Funding    

 

Compiled by:               Ruth Byrnes, Senior Traffic Officer

David Drozd, Traffic Engineering Coordinator

Authorised by:            Adam Wilkinson, Engineering Services Manager   

 

Outcome

We can get around the City

Strategy

Provide a safe, efficient road network supported by parking

Service Activity

Provide technical advice on traffic issues and plan for the delivery of traffic, shared paths, bicycle and bus shelter facilities

      

 

Executive Summary

The purpose of this report is to advise Council of the funding offer obtained under the Federal Government’s 2017/18 Australian Black Spot, Safer Roads and Active Transport Programs.  The report recommends that Council accept the 100% funding offered under these programs.

Background

In July 2016, seven Regional and Local road projects were submitted to the Black Spot Consultative Panel for consideration for 100% funding under the 2017/18 Federal Government’s Australian Black Spot Program. In addition, Council considered a number of projects under the Roads and Maritime Services’ (RMS) funded ‘Safer Roads Program 2017/18’.

 

Further to these Regional and Local road projects, Council also submitted an application for funding for shared-use paths under the Active Transport Program “Sydney’s Cycling Future”.  

 

Current Situation

The RMS Consultative Panel has now assessed Penrith City Council’s projects under the Australian Black Spot Program.  The RMS has advised that two projects have been approved under the Program to the value of $580,000 and these are shown in Table 1 below.

TABLE 1

Projects Approved for the 2017/18 Nation Building Black Spot Program

Site Location

Project Description

Allocation

Taylor Road
Nutt Road and Smeeton Road
LONDONDERRY

Install a median and improved signage at intersection, widen road for 100m north and south of the intersection, install wire rope barrier for 200m and curve alignment markers and provide street lighting at the intersection

$365,000

Kurrajong Road
Maple Road and Plasser Crescent intersections
NORTH ST MARYS

Move stop lines forward and upgrade give-way to stop. Install street lighting at Kurrajong and Maple and a single lane roundabout with splitter islands at Kurrajong and Plasser

$215,000

 

TOTAL:

$580,000

Furthermore, the RMS has advised that two projects have been approved under the Safer Roads Program for 2017/18 and 2018/19 to the value of $175,000 and these are shown in Table 2 below.

TABLE 2

Projects Approved for the 2017/18 and 2018/19 Safer Roads Program

Site Location

Project Description

Allocation

Mamre Road and Solander Drive, St Clair

Install a median on side road, relocate hold line and improve approach linemarking.

$50,000 (2017/18)

Bennett Road and Shepherd Street, Colyton

Install traffic calming on approaches to intersection, improve sight lines and lighting.

$125,000

(2018/19)

 

TOTAL:

$175,000

 

The funding allocation of $580,000 and $175,000 respectively (Tables 1 and 2) is 100% of the total project cost and hence there is no financial contribution required by Council for the 2017/18 financial year.  A condition of acceptance is that all 2017/18 projects must be completed prior to 30 June 2018, a deadline which can be achieved as preliminary design assessment is currently underway. Forward planning work for design and street lighting can occur for the 2018/19 funded project site.

 

In addition, RMS has confirmed that a funding application of $2.63M has been approved for 2017/18 to continue the shared-use path projects, contained within the Traffic and Safety Management Programs – Active Transport and “Sydney’s Cycling Future”.  This is also 100% funding with no financial contribution required by Council.  A condition of acceptance is that all projects must be completed prior to 30 April 2018, a deadline which can be achieved as preliminary design assessment is currently underway.

 

The projects are shown in Table 3 below.

 

TABLE 3

Projects Approved for 2017/18 Active Transport Program

RMS Project Number

Project Description

Allocation

P.0019350

Jane Street, Penrith – Stage 2 – Design and construct Shared-use path between Westfields Intersection and Riley Street (530m)

500,000

P.0023266

Thornton to Cranebrook – Stage 1 Coombes Drive, Penrith – Design and construct shared-use path  (1150m)

350,000

P.0031452

Tench Reserve, Jamisontown – (continued) Design and construct shared-use path, with associated works  (800m)

1,780,000

 

TOTAL:

$2,630,000

 

Jane Street is identified in “Sydney’s Cycling Future” as a Priority Cycleway, being a component of the major route between St Marys, Penrith and Emu Plains.  In 2016/17 the Stage 1 of the shared-use path was completed on the South side of Jane Street between Castlereagh Road and Westfield Penrith entry/exit.  The route for Stage 2 of this link is being altered this year to continue along the south side of Jane Street to Riley Street, rather than along the north side of Jane Street due to the proposed location of the “kiss and ride” car park being constructed as part of the Penrith Interchange Upgrade by Transport for NSW. 

The Jane Street link will connect pedestrians and bike riders to the completed paths on Mulgoa Road, Great Western Highway, Memorial Avenue with Penrith Station, and will also provide a connection to the proposed Nepean River Green Bridge.

 

The Thornton–Cranebrook link will ultimately connect Jordan Springs, Cranebrook Waterside with Penrith City Centre via Andrews Road Baseball Complex and Hickeys Lane.  It includes the reconstruction of the existing footpath from Hickeys Lane and the Baseball fields to shared-use path.  Stage 1 covers planning and design of approximately 450m shared-use path between Coreen Avenue and Hickeys Lane, with commencement of construction as funds permit.

 

With regard to the Tench Avenue Project, the shared-use path is a key component in the network and hierarchy of paths designed for the River Precinct, that connects with the City Centre, neighbourhoods and the Great River Walk to the north and south.

 

In Tench Reserve, 600m of shared-use path was implemented in 2016 between Nepean Avenue and the corner at Tench Ave and Jamison Rd.  Construction commenced in July 2017 of the next stage of shared-use path, south from the Jamison Road corner.  Staged implementation will continue along Tench Avenue towards the M4 bridge, and includes retaining walls, bollards and formalisation of car parking.   These works will continue the pedestrian and cycling loop between the M4 and new Nepean Bridge Project.

 

Financial Services Manager’s Comment

The grant funding allocations of $580,000, $175,000 and $2.63 million respectively are 100% of the total project costs and hence there is no financial contribution required by Council for the 2017/18 and 2018/19 financial years. However the provision of these infrastructure assets, albeit funded by the RMS, will require Council to set aside asset renewal and maintenance funds in future years.

 

Acceptance of the funding being offered by the RMS to complete the projects detailed in the report will also continue to enable Council’s own traffic safety initiatives and its Shared Pathways Program.

 

Conclusion

Funding of this level for the three programs, to a total value of $3.38M should be recognised as a significant achievement for Council, and it is expected that the resulting accident remediation treatments will result in improved levels of traffic safety and a reduction in accidents on local roads within the Local Government Area.  In addition, the substantial funding offered this year by the State Government will significantly enhance our principal shared-path network and add to the popular “bridge to bridge” loop being part of the “Our River” project. 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on 2017/18 Australian Black Spot, Safer Roads and Active Transport Programs - Offer of Funding  be received.

2.    Council accept grant funding of $580,000 offered for the two successful Black Spot Projects shown in Table 1, under the 100% Federally Funded Australian Black Spot Program for the 2017/18 financial year.

3.    Council accept grant funding of $50,000 in 2017/18 and $125,000 in 2018/19 offered for the two successful Projects shown in Table 2, under the 100% funded Safer Roads Program.

4.    Council accept grant funding of $2.63M offered for the successful Active Transport Priority Cycleways Project shown in Table 3, for the 2017/18 financial year.

5.    Council write to the Minister for Roads, Roads and Maritime Services and the State Member for Penrith, the Hon Stuart Ayres MP, the State Member for Mulgoa, Mrs Tanya Davies MP and the State Member for Londonderry, Ms Prue Car MP, expressing appreciation of the funding offers and of their continued support.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

9        Tender Reference 16/17-02, Building Maintenance and Construction                           80

 

10      Tender Reference 16/17-03, Electrical Trades                                                                87

 

11      Tender Reference 16/17-04, Plumbing Trades                                                               94

 

12      Tender Reference RFT 16/17-24, Design and Construction of Netball Courts, Jamison Park                                                                                                                                         101

 

13      Tender Reference RFT 16/17-19 for the supply and installation of Floodlighting to Fields 1 & 2 and Practice Field at Peppertree Reserve, Swallow Drive, Erskine Park              106

 

14      Tender Reference RFT 17/18-02, Construction of Shed and Freezer, Regentville Hall 112

 

15      Energy Efficient lighting in Council Sporting facilities                                                    115

 

16      Penrith Mayoral Challenge, Cambridge Park and Parkitects, Oxley Park                    121

 

 

 

 



Ordinary Meeting                                                                                               28 August 2017

 

 

 

9

Tender Reference 16/17-02, Building Maintenance and Construction   

 

Compiled by:               Joshua Martin-Lewis, Asset Co-ordinator

Graham Howe, Building Projects Co-ordinator

Matthew Morris, Parks Program Co-ordinator

John  Krkach, Building Maintenance Supervisor

Authorised by:            Hans Meijer, City Assets Manager

John Gordon, Acting Executive Manager - City Assets  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Manage the construction, renewal and maintenance of Council's buildings and facilities

      

 

Executive Summary

The report advises Council on the outcome of the tender process and recommends that Council accepts tenders from the companies identified within the recommendation of this report, as a “Panel of Approved Contractors” for the provision of Building Maintenance and Construction services for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods by mutual agreement, and subject to satisfactory performance.

 

The tender for the provision of Building Maintenance and Construction services RFT16/17-03 was advertised on 2 February 2017 in the Western Weekender, on the e-tendering and Apet360 websites and on the 7 February 2017 in the Sydney Morning Herald.

 

A total of 20 tender responses were received. An evaluation of the tenders by the Tender Evaluation Committee resulted in an initial short list of 15 tenderers.

 

Further evaluation of the short listed tenderers, including an assessment of Council’s expected service levels against the resourcing levels proposed by each of the tenderers, resulted in 3 Contractors being selected for Independent financial risk analysis and referee checks.

 

Based on independent risk analysis and best overall value for money, the Tender Evaluation Committee is recommending that the contract for Building Maintenance and Construction services be awarded to Coverit Building Group PTY LTD as the first ranked, Westco Building Consultants Pty Ltd as second ranked, and Acron Building Services as third ranked for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods (with the provision for rise & fall) subject to satisfactory performance.

Background

Council initially established agreements for the provision of various building trade services in December 2000, following a public tender process to create a list of preferred contractors. The agreements worked successfully over this time period with three public tender process being run since its inception.

 

Based on the success of the previous and current Panel agreements, a new tender for Building Maintenance and Construction services was advertised with an expanded scope included standard work requirements as well as scheduled maintenance requirements listed separately. This was designed to provide a more accurate breakdown for the services required by Council, and provide Council with detailed costings relating to each building.

 

Last financial year Councils building services area spent $165,000 on scheduled maintenance (gutter cleaning, roof anchor testing & certification) and $497,000 on reactive maintenance.

 

Tenderers were required to submit their tender through the APET360 Portal, which clearly identified the required response against each of the evaluation criteria. Tenderers were also required to complete a price schedule, setting out the unit rates for general building trades and each scheduled maintenance task.

 

It was proposed in the tender documents that Council would select one primary contractor and up to two secondary contractors to perform the services. The highest ranked supplier (primary contractor) will be given all the scheduled maintenance tasks and first preference to carry out all the reactive work.  In the event that they are unavailable or do not have the capacity to perform the work the second ranked supplier will be invited to complete the work and so on.

 

Council however reserves the right to seek quotations and award work based on quotations from the members of the Panel, for any work. Council will seek quotations from all members of the Panel for works with an estimated value of over $50,000.00.

 

Tender Evaluation Process

 

The Tender Evaluation Committee consisted of Graham Howe- Building Projects Coordinator, Joshua Martin- Building Projects Coordinator, Matthew Morris- Parks Program Coordinator, John Krkach- Building Maintenance Supervisor and was chaired by Hans Meijer- City Assets Manager. Glenn McCarthy- Governance Manager provided the Tender Evaluation Committee with probity advice throughout the tender evaluation process. 

 

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

 

·    Demonstrated Ability

·    Response Times

·    Financials

·    Employment Policies

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health and Safety

 

Evaluation process

 

The process for the evaluation of tenders was as follows:

 

1.   Initial review of tenders to determine compliance with the evaluation criteria including the ability to provide the full range of services specified;

 

2.   Assessment of costs based on the unit rates tendered and the capacity of the company to perform the services;

3.   Determination of a short-list based on the best rankings from 1 and 2 above;

 

4.   Further evaluation of the short-listed companies through:

 

·    Independent Financial Risk Analysis

 

·    Independent Referee Checks

 

Summary of Tenders Received

 

A total of 20 submissions were received in response to the advertised tender.  All tenders as listed in alphabetical order were included in the initial evaluation:

Company

Company Location

Directors

Acron Building Services

18/20 Tucks Road  Seven Hills New South Wales 2147 Australia

Joseph Bracks

ALPALL PTY LTD

PO BOX 710  SPRINGWOOD  NSW 2777 Australia

David Crum

AusCare Constructions Pty Ltd

Level 1, Suite , 92-94 Norton Street   Leichhardt NSW 2040 Australia

Tom Silk

Avant Constructions

1/51 Owen Street  Glendenning NSW 2761 Australia

Antonio D'Urso

Angelo Aloi

John D'Urso

Coverit Building Group PTY LTD

Unit 18 37/47 Borec Road  Penrith NSW 2750 Australia

Shane Comans

DTE Management Pty. Ltd

D21, 101 Rookwood Road, Yagoona NSW 99 Australia

Mr. Daniel Traina, Mr. John-Henry Mallam,

EVERY TRADE BUILDING SERVICES PTY LTD

12/116-118 MCCREDIE ROAD  GUILDFORD WEST NSW 2161 Australia

Francois Tarabay

Facilities Fix Pty Ltd

Unit 7, 54 Chegwyn Street  Botany NSW 2020 Australia

Colin McMillan

JLW Interiors Pty Ltd

5/116 Russell Street  Emu Plains NSW 2750 Australia

John Williams

Lidoran Infrastructure Pty Ltd

13 Egerton Street  Silverwater NSW 2128 Australia

Phillip Trengrove
Phil Bamford

Maico Property Services Pty Ltd

Unit 52, 45 powers Rd  Seven Hills NSW 2153 Australia

Mr Lyndon Stafford

Maintain Asset Services

PO Box 177  Maroubra NSW 2035 Australia

Louie Di Blasio

Matrix Group Co.Pty Ltd

64 Brenan Street  Lilyfield NSW 2040 Australia

Troy Loh

Murphy's Construction Group Pty Ltd

60 Cope Street  Redfern  NSW 2016 Australia

Mark Murphy

PRK Group Pty Ltd

PO Box 125  Riverstone NSW 2765 Australia

Peter George Wilson 

Pro-Asset Painting Maintenance

Unit 47 8 Herbert St St Leonards NSW 2065 Australia

 Mark Estivo

ProGroup Management Pty Ltd

Suite 103, 32 Delhi Road  Macquarie Park NSW 2113 Australia

Donald Stein
Kenneth McCracken
Andrew Wise

T & C Services Pty Ltd

28-30 Peachtree rd. Penrith 2750

John Fornasier

Urban Maintenance Systems Pty Ltd

368 Ferntree Gully Road  Notting Hill Vic 3168 Australia

Campbell Ronald Walker
Patrick Joseph Flannigan
Ross Mackiggan

Westco Building Consultants Pty Ltd

29/29 Coombes Drive  Penrith NSW 2750 Australia

 John Cooper

 

 

 

Evaluation of Tenders

 

ALPALL PTY LTD, EVERY TRADE BUILDING SERVICES, JLW Interiors Pty Ltd, Pro-Asset Painting Maintenance, T & C Services Pty Ltd did not provide the full scope of service and were not included in the evaluation.

 

The remaining 15 tenderers were assessed against the selection criteria. The following companies did not demonstrate that they were capable of fulfilling the requirements of the tender in one or more of the areas of demonstrated ability, response times, quality assurance and environmental systems and were subsequently not assessed any further in relation to their submission:

·    AusCare Constructions Pty Ltd

·    Avant Constructions

·    DTE Management Pty. Ltd

·    Facilities Fix Pty Ltd

·    Lidoran Infrastructure Pty Ltd

·    Maico Property Services Pty Ltd

·    Maintain Asset Services

·    Murphy's Construction Group Pty Ltd

·    PRK Group Pty Ltd

·    ProGroup Management Pty Ltd

·    UMS Advantage Pty Ltd

 

 

Short Listed Tenders

 

The price schedules were assessed for scheduled and reactive maintenance with the names of the Tenderer’s unknown to the tender Committee . The following 4 companies met the minimum requirements of the evaluation criteria and were further assessed based on their price schedules:

·    Acron Building

·    Coverit Building

·    Matrix Group Co

·    Westco Building Consultants Pty Ltd

 

These remaining Tenderer’s were assessed using a formula applied to attain the probable costs from the actual reactive maintenance costs during the 2016/17 financial year. The 2016/17 financial year reactive maintenance expenditure was broken down into a labour and material components, then divided by the current hourly rate to provide an approximate number of hours of work for last financial year. This approximate annual hour count was then multiplied by the average hourly rate submitted by the Tenderer with the addition of the proposed scheduled maintenance costs to determine the proposed annual cost to Council. The table below lists the tenderers and the expected annual cost:

 

 

 

Acron Building

 

Coverit Building

Matrix Group Co

Westco Building Consultants Pty Ltd

Average Tendered Hourly Rate

$66.36

$41.36

$76.64

$48.27

Expected Labour Cost @ 3088 hours PA

$204,977.40

$127,759.89

$236,706.78

$149,100.00

Material % Upmark

15%

10%

20%

5%

Expected Material Price incl.% Upmark

$381,033.33

$364,466.67

$397,600.00

 

$347,900.00

Expected Cost for Reactive Maintenance Services PA

$586,010.73

$492,226.55

 

$634,306.78

 

$497,000.00

Tendered Scheduled Maintenance Costs

$469,204.00

$156,141.10

$976,306.00

$196,309.00

Total Combined Cost

$1,055,214.73

$648,367.65

$1,610,612.78

$693,309.00

 

 

The tenders from Coverit Building Group PTY LTD, Westco Building Consultants Pty Ltd and Acron Building Services were evaluated as being the most advantageous.

 

Evaluation of Preferred Tenderers

 

All companies recommended within this report were selected based on their high level of compliance with the tender documents, demonstrated ability to meet Council’s requirements, competitive hourly or schedule of rates for the services offered and independent financial/risk assessment advice.

 

Based on all compliance and cost considerations, the following tenders were shortlisted and ranked in the following order:

 

Coverit Building Group PTY LTD is a locally based company in Penrith and has been in operation since 2009 as Coverit Home Improvements and in 2016 became Coverit Building Group PTY LTD and employs more than 10 staff, 8 of which have a trades background or qualifications. Coverit Building Group provide similar services to Parramatta Leagues Club, Electrolux Australia and maintenance services for Eden Brae Homes. Coverit Building Group was considered by the Tender Evaluation Committee to be the number one company to undertake scheduled maintenance work and first preference for building maintenance work. This was based on their:

1.   Demonstrated ability

2.   Fast response times

3.   Work Health and Safety and Environmental Management systems

4.   Competitive price for hourly rates and scheduled maintenance tasks

5.   Ability to complete all requirements as set out in the tender document

 

Coverit Building Group overall had the highest demonstrated ability in the overall tender evaluation process, complete and accurate scheduled maintenance price lists, and staffing ability to meet the requirements of Council.

 

Westco Building Consultants Pty Ltd is a locally based company in Penrith and has been in operation since 1981 and employs more than 5 staff, 2 of which have builder’s licences. Westco Building Consultants are one of Council’s current preferred contractors. In addition to providing services to Penrith City Council they also carry out Stanton & Taylor Strata Management and numerous other real estate agents, Nepean Community College and AFFORD Australian Foundation Disability. Westco Building Consultants were considered by the Tender Evaluation Committee to be the number two company to undertake scheduled maintenance tasks and reactive maintenance work on an as required basis when number 1 company is not available including any quoted work. This was based on their:

1.   Demonstrated ability

2.   Fast response times

3.   Work Health and Safety and Environmental Management systems

4.   Competitive price for hourly rates

5.   Higher cost for scheduled maintenance tasks

 

Westco Building Consultants had higher scheduled maintenance costings and lower overall evaluation score placed them in the second order of preference.

 

Acron Building Services is a company based in Seven Hills and has been in operation since 2001 and employs 17 staff 13 of which have trades background or qualifications. They undertake similar work for Centennial Parklands Trust, Cumberland Council and McCarthy Catholic College. Acron Building Services was considered by the Tender Evaluation Committee to be number three company to undertake reactive maintenance work on an as required basis when company number 1 and 2 are not available. This was based on their:

1.   Competitive price for hourly rates

2.   Longer Response Times

3.   Higher cost for scheduled maintenance tasks

 

Acron Building Services lower tender evaluation score, and submitted higher scheduled maintenance prices placed them in third order of preference.

 

Financial Services Comment

 

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Coverit Building Group Pty Ltd, Westco Building Consultants Pty Ltd, and UMS Advantage Systems. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services. Based on these reviews, no concerns were raised as to the ability of Coverit Building Group, Westco Building Consultants, or Acron Building Services to perform the works described. Funding for the works included in this tender will be allocated from general operational maintenance allocations.

Tender Advisory Group (TAG) Comment

The Tender Advisory Group’s objective is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of the Financial Services Manager, Neil Farquharson, and Governance Manager, Glenn McCarthy, met to consider the report and recommendations in relation to the tender for Building Maintenance and Construction. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

 

 

 

 

 

Conclusion

 

Based on the detailed evaluation, analysis of staffing, location, and capacity to undertake the work including relevant past and current experience, price submitted, and financial analysis and referee checks, the Tender Evaluation Committee recommends the companies listed below be accepted as a Committee of Approved Contractors for the provision of Building Maintenance and Construction services in the following order:

 

1.         Coverit Building Group PTY LTD

2.         Westco Building Consultants Pty Ltd

3.         Acron Building Services

 

Council intends to select one primary contractor and two secondary contractors to perform all of the specified services inclusive of both scheduled and reactive building works. The highest ranked supplier (primary contractor) will be given all scheduled maintenance work and first preference on reactive works. In the event that they are unavailable or do not have the capacity to perform the work the second ranked supplier will be invited to complete the work and so on.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender Reference 16/17-02, Building Maintenance and Construction be received

2.    A new 3 year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) and subject to the execution of a formal agreement be awarded to the following companies for the specified services in accordance with the terms and conditions of the Tender:

(a)  Coverit Building Group PTY LTD be appointed as the primary contractor for both scheduled and reactive building works

(b)  Westco Building Consultants Pty Ltd be appointed as the second contractor

(c)  Acron Building Services be appointed as the third contractor.

3.    Council seek quotations from the 3 companies listed in Recommendation 2 for works with an estimated value of over $50,000.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                               28 August 2017

 

 

 

10

Tender Reference 16/17-03, Electrical Trades   

 

Compiled by:               Joshua Martin-Lewis, Asset Co-ordinator

Graham Howe, Building Projects Co-ordinator

Matthew Morris, Parks Program Co-ordinator

Authorised by:            Hans Meijer, City Assets Manager

John Gordon, Acting Executive Manager - City Assets  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Manage the construction, renewal and maintenance of Council's buildings and facilities

      

 

Executive Summary

The report advises Council on the outcome of the tender process and recommends that Council accepts tenders from the companies identified within the recommendation of this report, as a “Panel of Approved Contractors” for the provision of electrical trade services for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods by mutual agreement, and subject to satisfactory performance.

 

The tender for the provision of Electrical Trades Services RFT16/17-03 was advertised on 23 February 2017 in the Western Weekender, on the e-tendering and Apet360 websites and on the 28 February 2017 in the Sydney Morning Herald.

 

A total of 24 tender responses were received.  An evaluation of the tenders by the Tender Evaluation Committee resulted in an initial short list of 11 tenderers.

 

Further evaluation of the short listed tenderers, including an assessment of Council’s expected service levels against the resourcing levels proposed by each of the tenderers, resulted in 3 Contractors being selected for Independent financial risk analysis and referee checks.

 

Based on independent risk analysis and best overall value for money, the Tender Evaluation Committee is recommending that the contract for Electrical Trades Services be awarded to Hix Group Pty Ltd- t/a Hix Electrical & Data Services as the first ranked, B&G Enterprises (NSW) P/L as second ranked and Randall Electrics and Trade Services P/L as third ranked for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods (with the provision for rise & fall) subject to satisfactory performance.

Background

Council initially established agreements for the provision of various building trade services in December 2000, following a public tender process to create a list of preferred contractors. The agreements worked successfully over this time period with three public tender process being run since its inception.

 

Based on the success of the previous and current Panel agreements, a new tender for Electrical Trade Services was advertised with an expanded scope including standard work requirements as well as scheduled maintenance requirements being listed separately. This was designed to provide a more accurate breakdown for the services required by Council, and provide Council with detailed costings relating to each building. Last financial year Councils building services area spent $99,000 on scheduled maintenance (exit & emergency light testing, RCD (safety switch) and electrical equipment/lead testing) and $330,500 on reactive maintenance.

 

Tenderers were required to submit their tender through the APET360 Portal, which clearly identified the required response against each of the evaluation criteria. Tenderers were also required to complete a price schedule setting out the unit rates for general electrical work and each scheduled maintenance task.

 

It was proposed in the tender documents that Council would select one primary contractor and up to two secondary contractors to perform the services. The highest ranked supplier (primary contractor) will be given all the scheduled maintenance tasks and first preference to carry out all the reactive work.  In the event that they are unavailable or do not have the capacity to perform the work the second ranked supplier will be invited to complete the work and so on.

 

Council however reserves the right to seek quotations and award work based on these quotations from the members of the Panel, for any work. Council will seek quotations from all members of the Panel for works with an estimated value of over $50,000 as was stated in the tender document.

 

Tender Evaluation Process

 

The Tender Evaluation Committee consisted of Graham Howe- Building Projects Coordinator, Joshua Martin- Building Projects Coordinator, Matthew Morris- Parks Program Coordinator, John Krkach- Building Maintenance Supervisor and was chaired by Hans Meijer- City Assets Manager. Adam Beggs- Governance Coordinator provided the Tender Evaluation Committee with probity advice throughout the tender evaluation process. 

 

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

 

·    Demonstrated Ability

·    Response Times

·    Financials

·    Employment Policies

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health and Safety

 

Evaluation process

 

The process for the evaluation of tenders was as follows:

 

1.   Initial review of tenders to determine compliance with the evaluation criteria including the ability to provide the full range of services specified;

 

2.   Assessment of costs based on the unit rates tendered and the capacity of the company to perform the services;

 

3.   Determination of a short-list based on the best rankings from 1 and 2 above;

 

4.   Further evaluation of the short-listed companies through:

 

·    Independent Financial Risk Analysis

·    Independent Referee Checks

 

Summary of Tenders Received

 

A total of 24 submissions were received in response to the advertised tender. 

 

All tenders as listed in alphabetical order were included in the initial evaluation:

 

Company

Company Location

Directors

Acland Group Pty Ltd

Oakhurst

Scott Acland, Nancy Acland

AJG Electrical Services

Mulgrave

Anthony Gafa

Alland Group

Alexandria

Boris Samardzioski

B&G Enterprises(NSW) P/L

Jamisontown

Grahame Gunton

Back-to-Basics Electrical Services

Baulkham Hills 

Trevor Peterson - Managing Director

Judith Peterson - Director

BBSM Services Pty Ltd

Blaxland

Brian Moloney

CBD Mechanical Electrical

Rosehill

David Tunstall - Managing Director

Robert Galvin - Director

Alan Dixon - Director

Budstar Pty Ltd T/as D J Staniforth & Co

Auburn

Paul Bonaccorso - Director

 

Chris Pisani - Director

DTE Management Pty. Ltd.

Yagoona

Mr. Daniel Traina - Director

 

Mr. John-Henry Mallam - Director

EcoVolt Electrical Pty Ltd

Mount Druitt

Graham Franklin & Georgina Franklin

FIP Electrical

Mortlake

Frank Pirreca - Owner

 

Phil Pierrca - Director

Firecorp Australia Pty Ltd

Ashfield

Eduardo Ermilio

Hix Group Pty Ltd - t/a Hix Electrical & Data Services

Penrith

Ian Hicks - Managing Director

Lea Hicks - General Manager

Kerfoot Pty Ltd

Seven Hills

Stephen Kerfoot - Director

 

Richard Kerfoot - Director

Platinum Electricians

Rouse Hill Town Centre

Joshua Nicholls

ProGroup Management Pty Ltd

Macquarie Park

Donald Stein AM

Kenneth McCracken

Andrew Wise

Maintain Asset Services

Maroubra

Louie Di Blasio - Director

Randall Electrics & Trade Services P/L

Seven Hills

Peter Randall

Madonna Randall

Rutland Lighting and Power Pty Ltd

Castle Hill

Gavin Woodford - Director

Hayley Woodford - Director

Jack Woodford - Shareholder

Star Group

Condell Park

Jim Andrews - Executive Chairman

Geoff Coleman - Managing Director

Sandy Nugara - Director

Chris Mulvey - Director

Stowe Australia

Penrith

David Madson - Executive Chairman

Christopher Madson - Managing Director

Barry Hore - Chief Financial Officer / Company Secretary

Mick Pawelko - Director

Scott Gandy - Director

Test Me Tag Me Services

Warragamba

Paul Anthony Downie

TJS Services Group

Alexandria

Ben Bayot - Director

Corey Dunn, Todd Jaques - Shareholders

Wollondilly Electrical Contracting and Sales

Picton

Shane Smith

 

Evaluation of Tenders

 

Acland Group, AJG Electrical, Back to Basics Electrical Services, Rutland Lighting and Test Me Tag Me Services did not provide a price schedule and were therefore not included in the evaluation.

                                                                                         

The remaining 19 tenderers were assessed against the selection criteria. The following companies did not demonstrate that they were capable of fulfilling the requirements of the tender in one or more of the areas of demonstrated ability, response times, quality assurance and environmental systems and were subsequently not assessed any further in relation to their submission:

·    Alland Group

·    CBD Mechanical Electrical

·    D J Staniforth & Co

·    DTE Management Pty. Ltd.

·    EcoVolt Electrical Pty Ltd

·    Maintain Asset Services

·    ProGroup Management Pty Ltd

·    TJS Services Group

 

The following 11 companies met the minimum requirements of the evaluation criteria and were further assessed based on their price schedules:

·    B&G Enterprises (NSW) P/L

·    BBSM Services Pty Ltd

·    Contracting and Sales

·    FIP Electrical

·    Firecorp Australia Pty Ltd

·    Hix Group Pty Ltd- t/a Hix Electrical & Data Services

·    Kerfoot Pty Ltd Stowe Australia

·    Platinum Electricians

·    Randall Electrics & Trade Services P/L

·    Star Group

·    Wollondilly Electrical

 

The price schedules were assessed for scheduled and reactive maintenance with the names of the companies unknown to the tender evaluation Committee. Once companies were shortlisted a formula was applied to attain the probable costs from the actual reactive maintenance costs during the 2016/17 financial year. The 2016/17 financial year reactive maintenance expenditure was broken down into a labour and material components, then divided by the current hourly rate to provide an approximate hours of work for last financial year. This approximate annual hour count was then multiplied by the general hourly rate with the addition of the proposed scheduled maintenance costs to equate the proposed annual cost to Council. The table below list tenderer’s that did not charge a minimum setup cost or general call out fee and completed the scheduled maintenance pricing tables correctly:

 

 

Hix Group Pty Ltd

B&G Enterprises (NSW) P/L

Randall Electrics & Trade Services P/L

 

Tendered Hourly Rate

$68.00

$49.90

$85.00

Expected Labour Cost @ 1466 hours PA

$99,688.00

$73,153.40

$124,610.00

Material % Upmark

10%

10%

15%

Expected Material Price including % Upmark

$231,350.00

$231,350.00

$241,865.91

 

Expected Cost for Reactive Maintenance Services PA

$331,038.00

$304,503.40

$366,475.91

 

Tendered Scheduled Maintenance Costs

$79,390.00

$130,543.40

$97,540.50

Total Combined Cost

$410,428.00

$435,046.80

$464,016.41

 

Evaluation of Preferred Tenderers

 

All companies recommended within this report were selected based on their high level of compliance with the tender documents, demonstrated ability to meet Council’s requirements, competitive hourly or schedule of rates for the services offered and independent financial/risk assessment advice.

 

Based on all compliance and cost considerations, the following tenders were shortlisted and ranked in the following order:

 

HIX Group Pty Ltd – t/a HIX Electrical & Data Services is a locally based company in Penrith and has been in operation since 1992 and employs more than 70 staff, 33 of which have electrical qualifications. HIX Group are one of Council’s current preferred contractors. In addition to providing services to Penrith City Council they also carry out similar works for

Hawkesbury and Bankstown Councils, Downer Mouchel (RMS) and Cushman Wakefield (TfNSW). The HIX Group was considered by the Tender Evaluation Committee to be the number one company to undertake all scheduled maintenance tasks and first preference for reactive maintenance work. This was selected based on their:

1.   Demonstrated ability

2.   Fast response times

3.   Work Health and Safety and Environmental Management systems

4.   Competitive price for hourly rates and scheduled maintenance tasks

5.   Ability to complete all requirements as set out in the tender document

 

HIX Group overall had the highest demonstrated ability in the overall tender evaluation process, the lowest overall combined cost for the proposed reactive and scheduled maintenance tasks, and staffing ability to meet the requirements of Council.

 

B&G Enterprises(NSW) P/L is a locally based company in Penrith and has been in operation since 1993 and employs more than 35 staff, 7 of which have electrical qualifications. BG Enterprises’s are one of Council’s current preferred contractors. In addition to providing services to Penrith City Council they also carry out similar works for

Wentworth Community Housing, Westconnex and Broad Spectrum (Housing NSW). BG Enterprises’s were considered by the Tender Evaluation Committee to be the number two company to undertake reactive maintenance work on an as required basis when number 1 company is not available. This was selected based on their:

1.   Demonstrated ability

2.   Fast response times

3.   Work Health and Safety and Environmental Management systems

4.   Competitive price for hourly rates

5.   Higher cost for scheduled maintenance tasks

 

BG Enterprises’s higher overall combined proposed scheduled and reactive maintenance costings and lower overall evaluation score placed them in the second order of preference.

 

Randall Electrics & Trade Services P/L is a company based in Seven Hills and has been in operation for since 1987 and employs 18 staff, 6 of which have electrical qualifications. Randall Electrics & Trade Services P/L specialise in providing electrical services in Western Sydney and are currently carrying out similar services for The Hills Shire Council, Ryde City Council, Liverpool Council and North Sydney Council. Randall Electrics & Trade Services P/L were considered by the Tender Evaluation Committee to be the number three company to undertake the reactive maintenance work on an as required basis when number 1 and number 2 companies are not available. This was based on their:

1.   Demonstrated ability

2.   Higher hourly rate cost

3.   Higher cost for scheduled maintenance tasks

 

Financial Services Comment

 

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Hix Group Pty Ltd, B&G Enterprises (NSW) Pty Ltd, and Randall Electrics & Trade Services P/L. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services. Any risks identified in the review of the tenderers have been discussed and explained to the Tender Evaluation Committee to allow this information to be considered as part of their evaluation. Funding for the works included in this tender will be allocated from general operational maintenance allocations.

Tender Advisory Group (TAG) Comment

The Tender Advisory Group’s objective is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of the Financial Services Manager, Neil Farquharson, and Governance Manager, Glenn McCarthy, met to consider the report and recommendations in relation to the tender for Electrical Trades. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

 

Conclusion

 

Based on the detailed evaluation of the tenders, analysis of staffing, location, capacity to undertake the work, past experience, price submitted, financial analysis and referee checks, the tenderers that represents the best overall value for money to Council for of Electrical Trades Services in the following order:

 

1.   Hix Group Pty Ltd - t/a Hix Electrical & Data Services,

2.   B&G Enterprises(NSW) P/L

3.   Randall Electrics & Trade Services P/L

 

Council intends to select one primary contractor and two secondary contractors to perform all of the specified services inclusive of both scheduled and reactive electrical work. The highest ranked supplier (primary contractor) will be given all scheduled maintenance work and first preference on reactive works.  In the event that they are unavailable or do not have the capacity to perform the work the second ranked supplier will be invited to complete the work and so on.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Reference 16/17-03, Electrical Trades be received

2.     A new 3 year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) and subject to the execution of a formal agreement be awarded to the following companies for the specified services in accordance with the terms and conditions of the Tender:

(a)  Scheduled maintenance work and reactive maintenance work be awarded to Hix Group T/A Hix Electrical & Data Services as the primary contractor

(b)  Reactive maintenance work be awarded to B&G Enterprises (NSW) P/L as the second contractor

(c)  Reactive maintenance work be awarded to Randall Electrics & Trade Services P/L as the third contractor.

3.     Council seek quotations from the 3 companies listed in Recommendation 2 for works with an estimated value of over $50,000.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                               28 August 2017

 

 

 

11

Tender Reference 16/17-04, Plumbing Trades   

 

Compiled by:               Joshua Martin-Lewis, Asset Co-ordinator

Graham Howe, Building Projects Co-ordinator

Matthew Morris, Parks Program Co-ordinator

Authorised by:            Hans Meijer, City Assets Manager

John Gordon, Acting Executive Manager - City Assets  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Manage the construction, renewal and maintenance of Council's buildings and facilities

      

 

Executive Summary

The report advises Council on the outcome of the tender process and recommends that Council accepts tenders from the companies identified within the recommendation of this report, as a “Panel of Approved Contractors” for the provision of plumbing trade services for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods by mutual agreement, and subject to satisfactory performance.

 

The tender for the provision of Plumbing Trades Services RFT16/17-04 was advertised on 30 March 2017 in the Western Weekender, on the e-tendering and Apet360 websites and on the 4 April 2017 in the Sydney Morning Herald.

 

A total of 14 tender responses were received.  An evaluation of the tenders by the Tender Evaluation Committee resulted in an initial short list of 7 tenderers.

 

Further evaluation of the short listed tenderers, including an assessment of Council’s expected service levels against the resourcing levels proposed by each of the tenderers, resulted in 3 Contractors being selected for Independent financial risk analysis and referee checks.

 

Based on independent risk analysis and best overall value for money, the Tender Evaluation Committee is recommending that the contract for Plumbing Trades Services be awarded to B&G Enterprises (NSW) P/L as the first ranked, Hix Group Pty Ltd- t/a Hix Electrical & Data Services as second ranked and Franklins Australia as third ranked for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods (with the provision for rise & fall) subject to satisfactory performance.

Background

Council initially established agreements for the provision of various building trade services in December 2000, following a public tender process to create a list of preferred contractors. The agreements worked successfully over this time period with three public tender process being run since its inception.

 

Based on the success of the previous and current Panel agreements, a new tender for Plumbing Trade Services was advertised with an expanded scope including standard work requirements as well as scheduled maintenance requirements being listed separately. This was designed to provide a more accurate breakdown for the services required by Council, and provide Council with detailed costings relating to each building. Last financial year Councils building services area spent $13,000 on scheduled maintenance (thermostatic mixing valve testing and backflow prevention device testing) and $349,000 on reactive work.

 

Tenderers were required to submit their tender through the APET360 Portal, which clearly identified the required response against each of the evaluation criteria. Tenderers were also required to complete a price schedule setting out the unit rates for general plumbing work and each scheduled maintenance task.

 

It was proposed in the tender documents that Council would select one primary contractor and up to two secondary contractors to perform the services. The highest ranked supplier (primary contractor) will be given all the scheduled maintenance tasks and first preference to carry out all the reactive work. In the event that they are unavailable or do not have the capacity to perform the work the second ranked supplier will be invited to complete the work and so on.

 

Council however reserves the right to seek quotations and award work based on quotations from the members of the Panel, for any work. Council will seek quotations from all members of the Panel for works with an estimated value of over $50,000.00.

 

Tender Evaluation Panel

 

The Tender Evaluation Committee consisted of Graham Howe- Building Projects Coordinator, Joshua Martin- Building Projects Coordinator, Matthew Morris- Parks Program Coordinator, John Krkach- Building Maintenance Supervisor and was chaired by Hans Meijer- City Assets Manager. 

 

Evaluation process

 

The process for the evaluation of tenders was as follows:

 

1.   Initial review of tenders to determine compliance with the evaluation criteria including the ability to provide the full range of services specified;

 

2.   Assessment of costs based on the unit rates tendered and the allocated staff to perform the services;

 

3.   Determination of a short-list based on the best rankings from 1 and 2 above;

 

4.   Further evaluation of the short-listed companies through:

 

-     Independent Financial Risk Analysis

 

-     Independent Referee Checks

 

Tender Evaluation Criteria

 

The tenders submitted were initially assessed in accordance with the evaluation criteria specified in the tender documents.  The selection criteria advertised and used in selecting the successful tenderers were as follows:

 

·    Demonstrated Ability

·    Response Times

·    Financials

·    Employment Policies

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health and Safety

 

Summary of Tenders Received

 

A total of 14 submissions were received in response to the advertised tender. 

 

All tenders as listed in alphabetical order were included in the initial evaluation:

 

Company

Company Location

Directors

Axis Maintenance Services Pty Ltd

Padstow

Clem Morfuni

B&G Enterprises(NSW) P/L

Jamisontown

Grahame Gunton

Chips Property Trade Services

Minchinbury

Peter Koch

CRG Plumbing & Maintenance Pty Ltd

Campbelltown

Cameron Garcia

Every Trade Building Services

Guildford

Francois Tarabay

Franklins Australia

Mt Druitt

Graham Franklin
Georgina Franklin

Hix Group Pty Ltd - t/a Hix Electrical & Data Services

Penrith

Ian Hicks , Managing Director

Lea Hicks,General Manager

Hobbs Plumbing & Drainage Co

Kings Park

Michael Joesph Hobbs

Matthew Joesph Hobbs

Infraworks Plumbing Pty/Ltd

Ingleburn

Michael Anthony Olsen MD,
Sean Justin McCreanor Director

PJC Plumbing Services Pty Ltd

Georges Hall

Peter Nakhoul

Primewater

 

William J Lea

Peter J Beggs

Roseville Plumbing

Eastwood

HWSB Services Pty Ltd (Mr Bill Bell)

SCG Facility Services Pty Ltd (Mr Steven Garth)

VJM Services Pty Ltd (Mr Vince Mazzaferro)

TJS Services Group

Alexandria

Ben Bayot

Watertight Group

Milperra

Paul Tonks

 

Evaluation of Tenders        

 

The following companies did not demonstrate that they were capable of fulfilling the requirements of the tender in one or more of the areas of demonstrated ability, response times, quality assurance and environmental systems and were subsequently not assessed any further in relation to their submission:

·    Axis Maintenance Services Pty Ltd

·    CRG Plumbing & Maintenance Pty Ltd

·    Every Trade Building Services

·    Hobbs Plumbing & Drainage Co

·    Primewater

·    Roseville Plumbing

·    TJS Services Groups

 

The price schedules were assessed for scheduled and reactive maintenance with the names of the Tenderer’s unknown to the tender Committee.

 

The following 7 companies met the minimum requirements of the evaluation criteria and were further assessed based on their price schedules:

·    B&G Enterprises (NSW) P/L

·    Chips Property Trade Services

·    Franklins Australia

·    Hix Group Pty Ltd- t/a Hix Electrical & Data Services

·    Infraworks Plumbing Pty/Ltd

·    PJC Plumbing Services Pty Ltd

·    Watertight Group

 

Once shortlisted the tenders were evaluate