Council_Mark_POS_RGB

18 September 2019

 

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 23 September 2019 at 7:00PM.

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

Yours faithfully

 

Warwick Winn

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 26 August 2019.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING COUNCIL

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

 

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

 

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Access Committee Meeting - 14 August 2019.

Local Traffic Committee Meeting - 2 September 2019.

Policy Review Committee Meeting - 9 September 2019.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 23 September 2019

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 



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


 

 

     Directors


 

 

 

General Manager
Warwick Winn

His Worship the Mayor Councillor Ross Fowler OAM



Governance Coordinator Adam Beggs






Minute Clerk

MediaClr Marcus Cornish

North Ward

 

Clr Bernard Bratusa

East Ward

 

 

Clr Tricia Hitchen

East Ward

 

 

Clr Brian Cartwright

South Ward

 

 

Clr Mark Davies

South Ward

 

 

Clr Jim Aitken OAM

Public GallerySouth Ward

 

 

Clr Kevin Crameri OAM

North Ward

 

 

Clr John Thain

North Ward

Clr Karen McKeown OAM

South Ward

 

Clr Aaron Duke

North Ward

 

Clr Todd Carney

East Ward

 

Clr Greg Davies

East Ward

 

Clr Robin Cook

East Ward

 

Clr Kath Presdee

ManagersSouth Ward

 

 

Directors


 


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.

 

 

2016 General Election – taken/made at the Ordinary Meeting of Council on 26 September 2016, Minute Number 272

 

2018 By-Election – taken/made by Councillor Brian Cartwright on 17 May 2018 and Councillor Robin Cook on 21 May 2018 before the Chief Governance Officer, Stephen Britten, an Australian Legal Practitioner

 

 

Local Government Act 1993, Section 233A

 


Council_Mark_POS_RGB2019 MEETING CALENDAR

January 2019 - December 2019

(Adopted by Council - 26 November 2018, Amended 1 May, 28 May and 27 June 2019)

 

 

 

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

7.00pm

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

25@

25

29v

27#

24*

22

26@

  23^ü

28

25#+

16

Policy Review Committee

7.00pm

 

11

11

8

 

 

 

12

9

21

11

9

 

 

 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 2018-2019 Annual Statements are presented

 

Meeting at which any comments on the 2018-2019 Annual Statements are adopted

 +

Meeting at which the Annual Report is presented

Briefing to consider Budget, draft fees & charges and corporate documents

-            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 on 4732 7597.

 



UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 26 AUGUST 2019 AT 7:00PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

His Worship the Mayor, Councillor Ross Fowler OAM 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 Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies, and Councillors Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Mark Davies, Aaron Duke, Tricia Hitchen, Karen McKeown OAM, Kath Presdee and John Thain.

   

 

LEAVE OF ABSENCE

 

150  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Robin Cook that Leave of Absence be granted to Councillor Jim Aitken OAM for 26 August 2019.

 

APOLOGIES

There were no apologies.

 

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 22 July 2019

151  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that the minutes of the Ordinary Meeting of 22 July 2019 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Significant in Item 9 - Feasibility of Preparing Plans for Small Sporting Clubs as he works in the Office of the Minister for Sport whose portfolio is responsible for the allocation of grants to sporting organisations.  Councillor Bratusa stated that he would not take part in debate on this item and would leave the meeting during consideration of this item.

 

 

Councillor John Thain declared a Non-Pecuniary Conflict of Interest – Significant in Item 8 - Community Assistance Program Planned Component 2019-20 as he is the CEO of the Luke Priddis Foundation, a recipient of funding under this Program.  Councillor Thain stated that he would not take part in debate on this item and would leave the meeting during consideration of this item.

 

Reports of Committees

 

1        Report and Recommendations of the Resilience Committee Meeting held on 31 July 2019                                                                                                              

152  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown OAM that the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 31 July, 2019 be adopted.

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 5 August 2019                                                                                                               

153  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 August, 2019 be adopted.

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 12 August 2019                                                                                                      

154  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Brian Cartwright that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 12 August, 2019 be adopted, with the exception of Item 1 – Planning Proposal for the Australian Arms Hotel – 351 and 359 High Street, Penrith.

 

3       Report and Recommendations of the Policy Review Committee Meeting held on 12 August 2019 - Item 1 – Planning Proposal for the Australian Arms Hotel – 351 and 359 High Street, Penrith   

 

155  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Brian Cartwright that Item 1 – Planning Proposal for the Australian Arms Hotel – 351 and 359 High Street, Penrith of the report and recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 12 August, 2019 be adopted.

 

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

For

Against

 

Councillor Kath Presdee

Councillor Kevin Crameri OAM

Councillor Greg Davies

Councillor Karen McKeown OAM

Councillor Todd Carney

Councillor Robin Cook

Councillor Aaron Duke

 

Councillor John Thain

 

Councillor Mark Davies

 

Councillor Brian Cartwright

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

                           

Councillor Marcus Cornish

 

Councillor Tricia Hitchen

 

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Update on the Quarter, Penrith's health and education precinct Action Plan 2017                                                                                                                           

156  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Tricia  Hitchen that the information contained in the report on Update on the Quarter, Penrith's health and education precinct Action Plan 2017 be received.

 

 

Outcome 2 - We plan for our future growth

 

2        Fire Safety Update                                                                                      

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

  That:

1.    The information contained in the report on Fire Safety Update be received

2.    Council continue to monitor properties as part of its Fire Safety Audit Program and take any further action as necessary.

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

 

 

Outcome 3 - We can get around the City

 

3        NSW Government "Active Transport Program" - Funding Acceptance 2019-20   

158  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Bernard Bratusa

That:

1.    The information contained in the report on NSW Government "Active Transport Program" - Funding Acceptance 2019-20 be received.

2.    Council accept the grant funding of $1,050,000 offered for two Active Transport projects as shown in Table 1 for the 2019/20 financial year.

3.    Council write to relevant State and Federal Members thanking them for their continued support for the provision of infrastructure for pedestrians and bike riders.

 

 


 

 

4        Council's submission to Parliamentary Inquiry into proposal to raise Warragamba Dam Wall                                                                               

159  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Todd Carney

That:

1.    The information contained in the report on Council's submission to Parliamentary Inquiry into proposal to raise Warragamba Dam Wall be received

2.    Council endorse the Draft Submission (Appendix 2) for submission to the Select Committee prior to the closing date of 10 September 2019.

 

 

Outcome 4 - We have safe, vibrant places

 

5        Magnetic Places Grants Program 2019-20                                               

160  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Greg Davies

That:

1.    The information contained in the report on Magnetic Places Grants Program 2019-20 be received

2.    The 6 projects listed in Table 1 be funded as part of the Magnetic Places Grants Program 2019-20.

 

6        RFT18/19-20 Asbestos Consulting Services                                           

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

That:

1.    The information contained in the report on RFT18/19-20 Asbestos Consulting Services be received.

2.    A panel of experts for asbestos consulting services be established that includes Trinitas Group Pty Ltd, Alliance Geotechnical, Getex Pty Ltd and Greencap Pty Ltd.

 

 

Outcome 5 - We care about our environment

 

7        Hawkesbury River County Council (HRCC) Additional Maintenance Funding                                                                                                        

162  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Brian Cartwright

That:

1.    The information contained in the report on Hawkesbury River County Council (HRCC) Additional Maintenance Funding be received.

2.    Council provide the Hawkesbury River County Council in 2019/20 with an additional $25,000 for a project aimed at increasing removal of priority weeds within selected road reserves and open spaces areas specifically within the Penrith LGA.

3.    A further report be provided to Council on the outcomes of the 1-year trial project.

4.    Funding for the 1 year trial to be sourced from the Environment/Sullage reserve.

5.     Hawkesbury River County Council be requested to provide all Councillors with quarterly updates.

 

 

Outcome 6 - We are healthy and share strong community spirit

 

Having previously declared a Non-Pecuniary Conflict of Interest – Significant in Item 8, Councillor John Thain left the meeting, the time being 7:25pm.

 

8        Community Assistance Program Planned Component 2019-20           

163  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Greg Davies

That:

1.    The information contained in the report on Community Assistance Program Planned Component 2019-20 be received.

2.    Council approve funding the highly ranked applications and amounts totalling $40,435 as outlined in Table 2 of this report with $40,000 allocated from the Planned Component and $435 allocated from the Rolling Component of the 2019-20 Community Assistance Program.

 

Having previously declared a Non-Pecuniary Conflict of Interest – Significant in Item 9, Councillor Bernard Bratusa left the meeting, the time being 7:28pm.

 

Councillor John Thain returned to the meeting, the time being 7:29pm.

 

9        Feasibility of Preparing Plans for Small Sporting Clubs                       

164  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Brian Cartwright

That:

1.    The information contained in the report on Feasibility of Preparing Plans for Small Sporting Clubs be received

2.    Council’s Community Facilities and Recreation Department continue to promote grant opportunities to community sports clubs and Associations and support the completion of grant applications for sport infrastructure and services.

 

Councillor Bernard Bratusa returned to the meeting, the time being 7:32pm.


 

 

Outcome 7 - We have confidence in our Council

 

10      Dedication of Council Land for Road Widening Purposes - Erskine Park Road Upgrade                                                                                                   

165  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Todd Carney

That:

1.    The information contained in the report on Dedication of Council Land for Road Widening Purposes - Erskine Park Road Upgrade be received

2.    Council dedicate:

a.   Lot 8169 DP 260615 comprising an area of 854.7m² being 285 Bennett Rd St Clair

b.   Part Lot 1114 DP 709078 comprising an area of 255.8m² being 186 Erskine Park Rd Erskine Park

c.   Part Lot 4 DP 32285 comprising an area of 920.4m² being 4 Erskine Park Rd Erskine Park

d.   Part Lot 9141 DP261 572 comprising an area of 1014.9m² being 185 Explorers Way

 

for the purposes of Public Road and Gazette the land as public road in accordance with the terms and conditions listed in the report.

 

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

 

 

13      Organisational Performance and Financial Review - June 2019          

166  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Todd Carney

That:

1.    The information contained in the report on Organisational Performance and Financial Review - June 2019 be received.

2.    The Organisational Performance and Financial Review - June 2019 as at 30 June 2019, including the revised estimates outlined in this report, and detailed in the Organisational Performance Report, be adopted.

3.    Council revote the works as detailed in the Recommended Revoted Works Lists, detailed in the Organisational Performance Report June 2019 for inclusion in the 2019-20 Operational Plan.

 

11      Results of the 2019 Community Satisfaction Survey                             

167  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Tricia  Hitchen that the information contained in the report on Results of the 2019 Community Satisfaction Survey be received.

 

 

 

12      Local Government Rating Review - IPART Final Report                        

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

That:

1.    The information contained in the report on Local Government Rating Review - IPART Final Report be received.

2.    Council send the formal submission to the Office of Local Government in response to IPART’s recommendations.

3.     Council write to the Premier of New South Wales, The Hon Gladys Berejiklian, and the Minister for Local Government (NSW), the Hon Shelley Hancock, requesting the State Government’s timetable for finalising the outcomes from the IPART Final Report.

 

14      Regional Strategic Alliance                                                                       

169  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

That:

1.    The information contained in the report on Regional Strategic Alliance be received.

2.    Council dissolve the Regional Strategic Alliance between Penrith, Blue Mountains and Hawkesbury City Councils in accordance with the RSA Board Meeting recommendations detailed in the report.

3.    Council continue to engage with the other Councils and hold regular meetings with them on an appropriate basis to identify ongoing projects and activities for cooperation such as regional tourism.

 

15      Summary of Investments & Banking for the Period 1 July 2019 to 31 July 2019                                                                                                                              

170  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Aaron Duke

That:

1.    The information contained in the report on Summary of Investments & Banking for the Period 1 July 2019 to 31 July 2019 be received.

2.    The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 July 2019 to 31 July 2019 be noted and accepted.

3.    The graphical investment analysis as at 31 July 2019 be noted.

4.     A report be presented to a Councillor Briefing regarding opportunities to invest further in infrastructure. 

 

 


 

 

REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS

 

RR 1           Maintenance of Parks and Sporting Facilities      

Councillor Bernard Bratusa requested a memo reply to all Councillors outlining the scheduling, priority and budget provisions for the maintenance of Council owned outdoor sporting facilities throughout the Penrith Local Government Area.

 

RR 2           Penrith Men's Walk and Talk      

Councillor Tricia  Hitchen congratulated Council staff for their support of this valuable community initiative.

 

UB 1           Request for Leave of Absence   

Councillor Kevin Crameri OAM requested Leave of Absence from 8 September 2019 to 19 September inclusive.

171  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Brian Cartwright that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor Ross Fowler OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

172  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Brian Cartwright that Leave of Absence be granted to Councillor Kevin Crameri OAM from 8 September 2019 to 19 September 2019 inclusive.

 

RR 3           Property Matter - Ninth Avenue, Llandilo     

Councillor Kevin Crameri OAM requested that a matter involving a property in Ninth Avenue, Llandilo be referred to Committee of the Whole as it refers to information that would, if disclosed, prejudice the maintenance of law and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

RR 4           Traffic Lights - Greenwood Parkway and The Northern Road,        Penrith     

Councillor Kevin Crameri OAM requested that the issue of short-phasing of traffic lights at Greenwood Parkway and The Northern Road, Penrith be referred to the Local Traffic Committee for investigation.

 

RR 5           Steamroller Park, Cambridge Park      

Councillor Kevin Crameri OAM requested a memo reply to all Councillors providing information on the progress of works at the Steamroller Park in Cambridge Park, in particular details regarding the use of the park and moving the fence from its location on the footpath.

 

RR 6           Provision of Truck Rest Area on The Northern Road    

Councillor Kevin Crameri OAM requested that Council write to local State Members and the Premier of New South Wales requesting them to make representations to Roads and Maritime Services seeking the reinstatement of a truck rest area on The Northern Road within the Penrith Local Government Area.

 

UB 2           Request for Leave of Absence   

Councillor Karen McKeown OAM requested Leave of Absence from 2 September 2019 to 17 September 2019 inclusive.

173  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Brian Cartwright that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor Ross Fowler OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

174  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Brian Cartwright that Leave of Absence be granted to Councillor Karen McKeown OAM from 2 September 2019 to 17 September 2019 inclusive.

 

UB 3           Request for Leave of Absence   

Councillor Greg Davies requested Leave of Absence for 2 September 2019.

175  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Tricia  Hitchen that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor Ross Fowler OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

176  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Tricia  Hitchen that Councillor Greg Davies be granted Leave of Absence for 2 September 2019.

 

UB 4           Request for Leave of Absence   

Councillor Ross Fowler OAM requested Leave of Absence for 12 September 2019 to 22 September 2019 inclusive.

177  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Bernard Bratusa that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor Ross Fowler OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

178  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Bernard Bratusa that Leave of Absence be granted to Councillor Ross Fowler OAM from 12 September 2019 to 22 September 2019 inclusive.

 

RR 7           Lapstone Tunnel       

Councillor Greg Davies requested that an invitation be sent to the Mayor, General Manager and appropriate Council officers of Blue Mountains City Council to address a Councillor Briefing on the possible restoration and opening of the Lapstone Tunnel.

 

RR 8           Glenmore Park and St Clair Rugby League Football Clubs   

Councillor Greg Davies requested that Council congratulate both Glenmore Park and St Clair Rugby League Football Clubs on reaching the A grade Grand Final, and that Council forward a letter to The Secretary of St Clair Comets, congratulating them on their decisive win.

 


 

 

RR 9           Fire Safety - Heritage Items

Councillor Marcus Cornish requested that an audit be carried out of fire alarms installed at Council owned historic buildings and that back to base fire alarms be installed at all Council owned heritage assets. 

 

 

Committee of the Whole

 

179  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:10pm.

 

1        Presence of the Public

 

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

 

 

Outcome 7

 

2        Divestment of Property Asset - Lot 18 DP 1220719                                                      

 

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

3        Licence of suites 104 & 104A of 114-116 Henry Street Penrith (Community Connections Building) to Western Sydney Community Legal Centre Limited (WESTS)                                                                                                                                             

 

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

4        Commercial Matter - Diversification of Council's Property Investment Portfolio     

 

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

5        General Manager's Annual Performance Review 2018-19                                           

 

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.


 

 

6        Property Matter - Ninth Avenue, Llandilo

 

This item has been referred to Committee of the Whole as it refers to information that would, if disclosed, prejudice the maintenance of law and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

The meeting resumed at 8:29pm and the General Manager reported that the Committee of the Whole met at 8:10pm on 26 August 2019, the following being present

 

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies, and Councillors Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Mark Davies, Aaron Duke, Tricia Hitchen, Karen McKeown OAM, Kath Presdee and John Thain.     

 

and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1 and that the Committee of the Whole submitted the following recommendations to Council.

 

CONFIDENTIAL BUSINESS

 

Councillor John Thain left the meeting, the time being 8:11pm.

 

2        Divestment of Property Asset - Lot 18 DP 1220719                                                      

RECOMMENDED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM

That:

1.    The information contained in the report on Divestment of Property Asset - Lot 18 DP 1220719 be received.

2.    Council resolve to dispose of Lot 18 DP 1220719 as per the terms and conditions listed within the report.

3.    The proceeds of sale be allocated in the Property Development Reserve.

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

 

CW2 An AMENDMENT was moved by Councillor Mark Davies seconded Councillor Bernard Bratusa that this matter be deferred for consideration at a Councillor Briefing.

 

The AMENDMENT was PUT.

 

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

 

 

Councillor John Thain returned to the meeting, the time being 8:12pm.


 

 

3        Licence of suites 104 & 104A of 114-116 Henry Street Penrith (Community Connections Building) to Western Sydney Community Legal Centre Limited (WESTS)                                                                                                                             

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

CW3 That:

1.    The information contained in the report on Licence of suites 104 & 104A of 114-116 Henry Street Penrith (Community Connections Building) to Western Sydney Community Legal Centre Limited (WESTS) be received

2.    Council grant a new licence to Western Sydney Community Legal Centre Limited on the terms and conditions in this report

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

 

4        Commercial Matter - Diversification of Council's Property Investment Portfolio     

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish

CW4 That:

1.    The information contained in the report on Commercial Matter - Diversification of Council's Property Investment Portfolio be received.

2.    Council resolve to adopt the recommendations as listed within the body of this report with regard to the further information provided verbally to the meeting by the Director Corporate Services.

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

4.    A further report be presented to Council detailing the outcome of any negotiations in this matter.

 

6      Property Matter - Ninth Avenue, Llandilo      

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish

CW6 That:

1.    The information contained in the verbal report on this matter be received.

 

2.    A memo reply on this matter be provided to all Councillors.

 

 


 

 

5        General Manager's Annual Performance Review 2018-19                                           

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

CW5 That:

1.    The information contained in the report on the General Manager's Annual Performance Review 2018-19 be received.

2.    Council endorse the actions outlined in the report.

 

 

ADOPTION OF Committee of the Whole

 

180  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5 and CW6 be adopted.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:30pm.

 



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 6.45pm.

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                               

   


Notices of Motion

 

Item                                                                                                                                                Page

 

1        Review of LEP and DCP                                                                                                    1

 

 

 



Ordinary Meeting                                                                                        23 September 2019

Notice of Motion

1          Review of LEP and DCP            

 

 

Councillor Kevin Crameri OAM TO MOVE:

 

That Council set a minimum lot size and minimum road width in the review of the LEP and DCP.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Access Committee Meeting held on 14 August 2019                                                                                                                                              1

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 2 September 2019                                                                                                                                    7

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 9 Sepember 2019                                                                                                                23

 

 

 

 

 



Ordinary Meeting                                                                                        23 September 2019

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 14 August, 2019

 

 

 

PRESENT

Councillor Tricia Hitchen (Chair), Councillor Robin Cook, Dianne Brookes, Matt Roger, Allan Windley, Anthony Mulholland, Carole Grayson.    

 

IN ATTENDANCE:

 

Hans Meijer – City Assets Manager, Tracy Leahy – Acting Community and Cultural Development Manager, Claire Galvin – Disability Inclusion Officer, Paul Anzellotti - Principal Planner, Craig Squires – Building Certification and Fire Safety Coordinator (5.05pm).

 

GUEST

 

Belinda Berryman – Communications Lead - Nepean Hospital Redevelopment.

 

APOLOGIES

Apologies were received from Graham Howe, Councillor Todd Carney, and Farah Madon.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 12 June 2019

The minutes of the Access Committee Meeting of 12 June 2019 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

NEPEAN HOSPITAL REDEVELOPMENT

 

Claire Galvin advised that earlier this year an update on the Nepean Hospital Redevelopment had been requested.  Claire Galvin introduced Belinda Berryman – Communications Lead, Nepean Hospital Redevelopment.

 

Belinda Berryman spoke to her presentation on the redevelopment of Nepean Hospital. She advised that Stage 1 tower construction is underway.

 

Craig Squires arrived at the meeting at 5.05pm.

 

Belinda Berryman highlighted the key milestones of Stage 1 of the development.  These include the Blue Mountains Renal Unit opening, the multistorey carpark with over 600 spaces and rooftop helipad being completed, the Cancer Care expansion construction completed and sign-off for design of new child care centre.

 

Issues highlighted during the presentation included:

 

·    There will be a linkway bridge on level 2 of the carpark to the hospital and people will be encouraged to use the linkway

·    Signage, including directional signage and use of symbols - signage can also be retrofitted

·    Signage from the station and the bus stops

·    A dedicated drop-off zone to be provided when the tower opens

·    Working towards having a bus drop-off within the main area of the hospital

·    Sufficient lead time to be provided for proposed changes so that the community can prepare

·    Possibility of a shuttle service or a temporary courtesy bus

·    New chemotherapy day ward with an extra 15 chairs

·    Construction will be starting on the child care centre in the next few weeks

·    The first tower will be completed in 2021 and in 2022 the second tower will be commenced

·    In Stage 2 all areas in Stage 1 tower will be retrofitted

·    Vacated buildings that are no longer required will be demolished

·    Somerset Street is the main access point

·    Pedestrian access can be from Somerset Street or the new carpark.

 

Discussion was held regarding the Nepean Redevelopment Consumer Committee.  Belinda Berryman asked interested Access Committee members to email Claire Galvin with their details and these would be passed onto her.  The Nepean Redevelopment Consumer Committee holds a meeting once a month.

 

Councillor Hitchen thanked Belinda Berryman for her presentation.

 

RECOMMENDED

That information contained in the presentation on Nepean Hospital Redevelopment be received.

 

Belinda Berryman left the meeting at 5.30pm.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1             Development Applications Referred to the Access Committee         

164 Station Street, Penrith – Stage 1 Development

Paul Anzellotti introduced the pre-lodgement application for the Stage 1 development at 164 Station Street, Penrith.  The proposed development comprises earthworks, a new internal road, sub-division of the site from one to four lots and construction of shop-top housing in the form of two podiums and four residential towers comprising 270 apartments, above ground carparking and associated landscape works.  The development application for this project is expected to be lodged in the next three months.  The application has been brought to the Access Committee before it has been lodged due to the significance of the site.

 

Paul Anzellotti advised that this application is conceptual and subject to changes before the development application is lodged.

 

It was advised that the 164 Station Street proposal would eventually house 1,400 to 1,800 units on the site.  The stage 1 proposal is for 16 commercial premises, provision of a 60-place child care centre, 270 residential units, provision of 490 at grade and above carparking spaces and provision of a new road.

 

The value of this development is in excess of $30 million so the Sydney Western City Planning Panel is expected to be the determining authority.  The Panel will be provided with commentary from Council officers.

 

Issues discussed by the Committee included:

 

·    The likelihood of flooding in the Penrith area

·    Carpark usage and designation of carpark spaces

·    Signage warning of vehicles approaching

·    Access from the buildings to the Leagues Club, Nepean Square and the footpaths

·    Lights at the new intersection

·    Accessible and safe path of travel and connectivity to Jamison Park.

 

DA19/0348      Proposed Staged Construction of a Four Storey Mixed Use Development at 90-98 Glenmore Ridge Drive, Glenmore Park to Establish a New Town Centre – One Level of Basement Parking, Multiple Commercial Tenancies, Mezzanine and Three Upper Residential Levels in Three Blocks Containing 147 Units

 

Paul Anzellotti introduced the development application for the proposed construction of a four-storey mixed-use development on Glenmore Ridge Drive, Glenmore Park.  The site is located in a low-density area of Glenmore Park.

 

The development proposal is for a supermarket, medical centre, multiple commercial and retail premises, a child care facility, and 147 residential units with 446 parking spaces.  The ground floor carpark would have two accessible spaces.

 

This development would cost over $30 million so the determining authority is the Sydney Western City Planning Panel.  The development application is subject to a number of discussions with Council prior to lodgement.

 

Jeni Pollard left the meeting at 6.10pm.

 

Issues discussed by the Committee included:

 

·    Provision of a comprehensive detailed Access Report

·    Consideration of safe crossing provision over the adjacent roads

·    Safe and accessible grassed areas for assistance animals.

 

Jeni Pollard returned to the meeting at 6.15pm.

 

Paul Anzellotti highlighted additional matters identified during the preliminary assessment:

 

·    Discrepancies in the applicant’s traffic study regarding calculation of carparking spaces

·    Conflicts between proposed vehicular movements and pedestrian access

·    Inadequate details to ensure that persons parking in the various parking areas have equitable access to the proposed entry ways and throughout the site

·    Inadequate details to confirm that adequate ambulant and accessible toilet facilities and change table provisions have been provided.

 

Councillor Hitchen thanked Paul Anzellotti for his presentations.

 

RECOMMENDED

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

 

Outcome 6 - We are healthy and share strong community spirit

 

2             Disability Access Improvement Program 2018-2019 Expenditure    

Claire Galvin spoke to the report on Council’s Disability Access Improvement program (DAIP) and advised that the report details outcomes achieved in 2018-19 and identifies a preliminary list of DAIP projects for support in the 2019-20 year.  The current budget for the DAIP is $35,000 per year.

 

Craig Squires left the meeting at 6.27pm.

 

Claire Galvin spoke to the projects and events that the DAIP funded in the 2018-19 year and some of these were highlighted in the report – the playground footpath in Cook Park, hearing loops at St Marys and Penrith Libraries and the 2018 Nepean Disability Expo.

 

Craig Squires returned to the meeting at 6.29pm.

 

The meeting was advised of the breakdown of the funding for proposed access enhancement projects to be funded by DAIP in 2019-20.

 

RECOMMENDED

That the information contained in the report on Disability Access Improvement Program 2018-2019 Expenditure be received.

 

 

GENERAL BUSINESS

 

GB 1           Accessible Greenspace Areas for Assistance Animals

Carole Grayson advised that it is becoming much more difficult to find suitable accessible greenspace toilet areas for an assistance animal.

 

The issue of accessible greenspace for assistance animals was raised so that it can be considered by Council for developing areas.  The issue of bindi weed in grassed areas is also a consideration.

 

GB 2           Pedestrian Access in Retirement Villages   

Carole Grayson highlighted that many retirement homes are designating their roads a shared way.  Negotiating these areas is quite difficult for people with a vision loss.  Many retirement villages do not have pedestrian access and speed humps and traffic ways are difficult to negotiate.

 

Craig Squires advised that this issue is more a planning control than a building code matter. 

 

Craig Squires undertook to bring the matter of pedestrian access in retirement villages to the planning teams and request that they consider paths. Pedestrian access could also be placed on the agenda for any retirement village applications that Council considers.

 

GB 3           Council Coffee Cart Reopening 

Claire Galvin advised that the Council coffee cart would be reopening soon.  There have been negotiations with local disability service Civic Disability Services (CDS) to provide this service.  CDS is currently recruiting for three people with disabilities who have “finding and keeping a job” in their NDIS plan.

 

GB 4           Visit to the United Nations 

Anthony Mulholland advised that next year he will attend the United Nations headquarters in New York to participate in a review of the Convention of the Rights of Persons with Disability.

 

GB 5           Parking at NeuroMoves (Spinal Cord Injuries Australia), 201 High Street Penrith

Matt Roger referred to GB2 from the June Access Committee meeting regarding accessible parking at Spinal Cord Injuries Australia, 201 High Street Penrith.

 

Craig Squires advised that he had made enquiries and spoken with the team leader and also with head office but so far has not been able to contact the owner of the building.

 

Members of the Committee highlighted traffic and parking issues with the site. Craig Squires advised that the number of accessible parking spaces met minimum requirements so a collaborative approach with all parties would be required to obtain more accessible carparking spaces.

 

Craig Squires undertook to continue his investigation and to keep the Access Committee informed.

 

GB 6           Carers Strategy

Dianne Brookes advised that the Family and Community Services NSW Carers Strategy 2014-19 is to be updated. 

 

The Carers Strategy will grow to a 10-year plan and be published next year.  Dianne Brookes is hosting workshops with carers and the first workshop was held in Blacktown last week.  Carers are supported to make sure they are using their voice in the strategy. 

 

Diane Brookes asked if anyone knew of care groups which might want to share some information to go into the strategy. Access Committee members were requested to send carer group information through.

 

GB 7           Hawkesbury-Nepean Flood Strategy  

Hans Meijer advised that the state government will be undertaking a major media campaign in September to November regarding the flooding of the Hawkesbury. 

 

Several Community Resilience Networks for vulnerable communities are being established at the moment with the aim of long-term resilience of the community in the area. 

 

It was advised that there is a great deal of material being disseminated.  Specific groups will be targeted that may not have access to information plus a planned engagement with disability groups. 

 

GB 8           Pedestrian Footpaths

Tracy Leahy referred to GB3 from the June Access Committee meeting regarding people with guide dogs walking on the road due to lack of footpaths.  Hans Meijer had sent through information also noting that Councillors have allocated an additional $594,000 from “Voted Works” in 2019/20 toward pedestrian path paving construction of missing links assessed as “High” priority.  This is in addition to the ordinary path paving construction program.  Also provided was a report from 8 August 2018 Access Committee meeting regarding Unfunded Pedestrian Path Paving Requests and NSW Government “Active Transport Program”.  This report will be emailed out to Access Committee members.

 

Further information was also received from Council’s Traffic Section that they are currently in the process of obtaining contemporary traffic data such as pedestrian counts for three average periods of any day, to determine the use of the Nepean Avenue link.  Further to this, traffic speed and volume surveys are being conducted to ascertain the speed of vehicles relative to pedestrians and cyclists.  It is expected that any recommendations arising from the new analysis (post Yandhai Nepean Crossing opening) will be reported through Council’s Local Traffic Committee and Council.

 

Tracy Leahy undertook to find out the timing of the results of the traffic surveys.

 

Councillor Hitchen advised that she is a member of the Local Traffic Committee and takes all the traffic concerns from the Access Committee meetings to that Committee.

 

Jeni Pollard suggested bringing the Terms of Reference of the Local Traffic Committee to the Access Committee.

 

GB 9           Missing Tactiles on Footpaths   

Anthony Mulholland advised that there are many tactiles with missing pieces on the footpaths.

 

GB 10         Traffic Lights on High Street      

Councillor Hitchen advised that the timed lights on High Street will not be reinstalled.  This item relates to GB1 from the June Access Committee meeting.

 

GB 11         Doors and Escalators in Westfield Shopping Centre    

Tracy Leahy referred to GB6 from the June Access Committee meeting regarding doors and escalators failing in Westfield Shopping Centre.  A letter has been sent to Westfield Management regarding the failing doors and escalators in the shopping centre as well as enquiring who to report faults to.  Tracy Leahy will bring information back to the next Access Committee meeting after a reply is received.

 

GB 12         Sensors on Automatic Doors     

Councillor Hitchen advised that the sensors for the automatic doors are set high enough not to allow young children to run through the doors.  Sometimes people in wheelchairs are also not high enough to activate the sensor.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 6.50pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 14 August, 2019 be adopted.

 

 

 


Ordinary Meeting                                                                                        23 September 2019

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 2 September, 2019

 

 

 

PRESENT

Councillor Robin Cook (Representative for the Member for Londonderry), Councillor Tricia Hitchen (Representative for the Member for Penrith), Wayne Mitchell – Director Development and Regulatory Services (Chair), Senior Constable Stephen Page – Nepean PAC, Charles Choucair – Roads and Maritime Services (RMS).  

IN ATTENDANCE

Councillor Marcus Cornish, Steve Grady – Busways, Adam Wilkinson – Engineering Services Manager, David Drozd – Traffic Engineering Coordinator, Graham Green – Senior Traffic Engineer, Daniel Davidson – Senior Traffic Engineer, Timothy Le – Traffic Officer, Isaac Mann - Trainee Engineer, Paul Maynard – Senior Ranger.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Karen McKeown OAM (Council Representative).

 

APOLOGIES

Brana Ravichelvan – Roads and Maritime Services (RMS), Anthony Baradhy – Traffic Engineering Officer, Bernie Meier – Signs and Lines Marking Supervisor.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 5 August 2019

The minutes of the Local Traffic Committee Meeting of 5 August 2019 were confirmed.

 

DECLARATIONS OF INTEREST

 

Councillor Robin Cook (Representative for the Member for Londonderry) declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 11- Borrowdale Way & Callisto Drive, Cranebrook – Endorsement of Design Plan AB186 for a Roundabout & Pedestrian Crossing Improvements.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Glossop Street, St Marys - Proposed 'Bus Zone'                                      

Charles Choucair of RMS expressed concerns about the proposed ‘Bus Zone’ location on Glossop Street, St Marys and advised that there is a potential for rear-end and side swipe accidents to occur at the proposed location. Charles Choucair enquired if the ‘Bus Zone’ and Bus Stop could be relocated further east on Glossop Street and away from the signalised intersection of Forrester Road and Glossop Street, St Marys.

David Drozd – Traffic Engineering Coordinator advised that the current location for the proposed ‘Bus Zone’ is approximately 50 metres east from the signalised intersection of Forrester Road and Glossop Street and Council and Busways will monitor the location after the ‘Bus Zone’ and Bus Stop signage has been installed, as placing it further from a signalised crossing may lead to pedestrians having to cross four lanes of traffic.

RECOMMENDED

That:

1.    The information contained in the report on Glossop Street, St Marys - Proposed 'Bus Zone' be received.

2.    A 20-metre-long ‘Bus Zone’ be installed fronting No. 2 Glossop Street, St Marys as shown in Appendix 1.

3.    Mr Steve Grady of Busways and the residents at No. 2 Glossop Street, St Marys be advised of Council’s resolution.

 

2        Penrith Christmas Tree Lighting Event - Friday, 29 November 2019     

RECOMMENDED

That:

1.    The information contained in the report on Penrith Christmas Tree Lighting Event - Friday, 29 November 2019 be received.

2.    Approval be given for the temporary closure of the following streets between 2.00pm and 11.00pm on Friday, 29 November 2019:

·     High Street, between Station Street and Castlereagh Street;

·     Union Lane, between Station Street and Woodriff Street;

·     Woodriff Street, between High Street and Tindale Street (allowing access to Judges Place car park);

·     Masters Place car park access to Woodriff Street.

 

3.    The Traffic Management Plan be endorsed, subject to the following conditions:

a)    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 in the Guide must be complied with prior to the event.

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

c)    The event applicant 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 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.

e)    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.

f)     The event applicant provides advice to Council prior to the event that the event complies with the NSW Work Health and Safety Act 2011 and Work Health and Safety Regulations 2017.

g)    The event applicant advertises 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 arranges an information letterbox drop and personal communication to all business proprietors, property owners/tenants, residents and other occupants in the affected streets two weeks prior to the event. Any concerns or requirements must be resolved by the applicant.

i)     Signposting advising the date and time of all closures be provided by the event organiser and be provided two weeks prior to the event. 

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 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 any changed route for affected buses at least one week prior to, and during, 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) Regulations 2017.

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

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

 

 


 

3        Nepean Triathlon - Sunday, 27 October 2019 - Sydney International Regatta Centre                                                                                               

RECOMMENDED

That:

1.    The information contained in the report on Nepean Triathlon - Sunday, 27 October 2019 - 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.    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, 27 October 2019.

4.    The Traffic Management Plan for the Nepean Triathlon on 27 October 2019 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 liaise with NSW Police and obtain any approvals if required.

(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 Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2017.

(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 (Fire & Rescue NSW 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.

 

 

 

 

 

 

4        Speeding Prevention Project - Radar Variable Message Sign Trailer - April to June 2019 Locations                                                                       

Councillor Marcus Cornish requested that Copeland Street, Kingswood near the Council Depot be listed as a location for the placement of the Radar Variable Message Sign Trailer.

RECOMMENDED

That:

1.    The information contained in the report on Speeding Prevention Project - Radar Variable Message Sign Trailer - April to June 2019 Locations be received.

2.    The April to June 2019 locations be noted.

 

5        Ross Place, St Marys - Proposed One-Way Traffic Restrictions            

RECOMMENDED

That:

1.    The information contained in the report on Ross Place, St Marys - Proposed One-Way Traffic Restrictions be received.

2.    Affected residents of Ross Place, St Marys and the resident who expressed the initial concerns be consulted on the proposal to create one-way movement along the length of Ross Place, St Marys.

3.    Subject to no substantial objections being received, Ross Place, St Marys be restricted to one-way traffic movement, in the clockwise direction, as per Appendix 1 and the Traffic Management Plan as shown in Appendix 2 be provided to the Roads and Maritime Services as required.

4.    Council Rangers be advised of Council’s resolution.

 

6        IRONMAN 70.3 - Sunday, 24 November 2019 - Sydney International Regatta Centre                                                                                               

Councillor Tricia Hitchen (Representative for the Member for Penrith), expressed concerns over road closure of Castlereagh Road, Cranebrook and the restriction on access to Avli Restaurant operating on the corner of Nepean Street and Castlereagh Road, Cranebrook when the annual IRONMAN 70. 3 event is on.

Adam Wilkinson – Engineering Services Manager advised that Council’s Traffic Engineering Officers will raise this with the event organiser seeking their assistance in retaining a form of access along the street for customers of the restaurant.

RECOMMENDED

That:

1.    The information contained in the report on IRONMAN 70.3 - Sunday, 24 November 2019 - 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.    As per Appendix 1 and Appendix 2, approval be given for the temporary closure of the following roads:

·    McCarthys Lane - Pipe Gate to Castlereagh Road

·    Castlereagh Road - Between Andrews Road and Springwood Road

·    Brooks Lane - Between Castlereagh Road and Wilshire Road

·    Wilshire Road - Between Brookes Lane and Jockbett Road

·    Jockbett Road - Between Wilshire Road and The Driftway

·    The Driftway - Between Castlereagh Road and Londonderry Road

·    Old Castlereagh Road - Between SIRC and Castlereagh 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 3.00pm on Sunday, 24 November 2019.

4.    The Traffic Management Plan for the “Ironman 70.3 – Western Sydney” 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 liaises with NSW Police prior to the event and obtain any approvals if required.

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 Work Health and Safety Act 2011 & Work Health and Safety Regulation 2017.

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.

 

7        Lakeside Long Lunch Event - Saturday, 28 September 2019 - Sydney International Regatta Centre                                                                        

RECOMMENDED

That:

1.    The information contained in the report on Lakeside Long Lunch Event - Saturday, 28 September 2019 - 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.    Approval be given for the temporary closure of Old Castlereagh Road in the case that the Sydney International Regatta Centre carparks fill.

 

4.    The Traffic Management Plan for the Lakeside Long Lunch Event on Saturday, 28 September 2019 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 liaise with NSW Police and obtain any approvals if required.

 

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 Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2017.

 

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 (Fire & Rescue NSW 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)  A Certificate of Insurance is provided to Transport Management Centre (TMC) for the purpose of issuing Road Occupancy Licences.

 

n)   The event applicant 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.    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.

 

 

8        Kazanis Court, Werrington - Proposed '1/4P Monday to Friday' Parking Restrictions and Line Marking                                                      

RECOMMENDED

That:

1.    The information contained in the report on Kazanis Court, Werrington - Proposed '1/4P Monday to Friday' Parking Restrictions and Line Marking be received.

2.    Consultation be undertaken with Road & Maritime Services regarding the proposed parking changes from unrestricted parking spaces to ‘1/4P Monday to Friday’ and line marking in Kazanis Court, Werrington as shown in Appendix 1.

3.    Consultation be undertaken with affected residents and adjoining businesses regarding the proposed parking changes from unrestricted parking spaces to ‘1/4P Monday - Friday’ parking restrictions and line marking in Kazanis Court, Werrington as shown in Appendix 1.

4.    Subject to no substantial objections being received, the proposed ‘1/4P Monday - Friday’ parking restrictions, and line marking be installed, as shown in Appendix 1.

5.    Council’s Rangers and the resident that reported the matter be advised of Council’s resolution.

 

9        Albert Street and Gibson Street, Werrington - Endorsement of Design Plan AA50 for Traffic Calming Devices                                                      

Charles Choucair of RMS enquired about resident consultation for this matter.

David Drozd advised that Council will undertake community consultation with the affected properties at this location and will seek any comments regarding Council’s proposal.

Charles Choucair of RMS enquired about the provision of extending the existing footpath on the south-western side on Gibson Avenue, Werrington further north past this intersection.

David Drozd advised that Council’s Traffic Officers will liaise with Council’s Asset department and request them to list this location on their Footpath Prioritisation list for future construction.

RECOMMENDED

That:

1.   The information contained in the report on Albert Street and Gibson Street, Werrington - Endorsement of Design Plan AA50 for Traffic Calming Devices be received.

 

2.   Consultation be undertaken with affected residents and surrounding businesses regarding the proposed traffic calming devices at the intersection Albert Street and Gibson Street, Werrington.

 

3.   Subject to no substantial objections, Design Plan AA50 dated July 2019 be endorsed for construction, with funding provided from the 2019/20 Nation Building Black Spot and Safer Roads Program.

 

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

 

10      Caddens Road, Caddens - Proposed Bus Shelter and Relocation of Existing Bus Stops                                                                                       

Councillor Tricia Hitchen (Representative for the Member for Penrith) expressed her thanks to the Committee for relocating the Bus Stop on Caddens Road, Caddens to the location proposed.

Steve Grady of Busways requested the Committee to notify Busways when the proposed Bus Shelter is ready to be constructed and he will then advise Transport for NSW and will arrange for the two Bus Stops on the northern and southern side of Cadda Ridge Drive, Caddens to be removed.

Steve Grady of Busways also thanked the Committee for their efforts in arranging the proposed Bus Shelter.

RECOMMENDED

That:

1.    The information contained in the report on Caddens Road, Caddens - Proposed Bus Shelter and Relocation of Existing Bus Stops be received.

2.    The relocation of existing bus stops (ID 2747435 and 2747430) and the installation of a bus shelter on Caddens Road, Caddens be endorsed as per the proposed bus stop locations and proposed bus shelter design presented in Appendix 1 and 2 respectively.

3.    Busways, Legacy Property and adjoining residents be advised of Council’s resolution.

 

11      Borrowdale Way and Callisto Drive, Cranebrook - Endorsement of Design Plan AB186 for a Roundabout and Pedestrian Crossing Improvements                                                                                                

Councillor Marcus Cornish enquired about the proposed roundabout at the intersection of Borrowdale Way and Callisto Drive, Cranebrook being designed to accommodate large delivery trucks.

David Drozd – Traffic Engineering Coordinator confirmed that the proposed roundabout has been designed to accommodate larger vehicles such as trucks and buses.

Councillor Marcus Cornish requested that Council investigate the possibility of imposing a load limit restriction on Hosking Street, Cranebrook to prevent heavy vehicles from travelling on the street.

Wayne Mitchell – Director Development and Regulatory Services (Chair) advised that Council will monitor traffic behaviour on Hosking Street and at the subject intersection after the construction of the proposed roundabout.

RECOMMENDED

That:

1.    The information contained in the report on Borrowdale Way and Callisto Drive, Cranebrook - Endorsement of Design Plan AB186 for a Roundabout and Pedestrian Crossing Improvements be received.

2.    Consultation be undertaken with affected residents and surrounding businesses regarding the proposed roundabout, traffic calming works and pedestrian crossing improvements at the intersection of Borrowdale Way and Callisto Drive, Cranebrook.

3.    Subject to no substantial objections, Design Plan AB186 dated August 2019 be endorsed for construction, with funding provided from the 2019/20 Nation Building Black Spot and safer Roads Program.

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

 

 

GENERAL BUSINESS

 

GB 1           Derby Street and Somerset Street, Kingswood -  Endorsement of Signs and Line Marking Plan      

Executive Summary

The purpose of this report is to seek endorsement for a Signs and Line Marking Plan at the intersection of Derby and Somerset Streets, Kingswood. The report recommends that the Signs and Linemarking Plan be endorsed for construction at no cost to Council.

 

Background

The north-eastern corner of the intersection of Derby and Somerset Streets has been the subject of a redevelopment in the form of a mixed use residential flat building incorporating medical facilities at the ground floor and basement car parking (DA17/1107.01). As some elements of the existing ‘Park In Marked Bays’ scheme required adjustment to facilitate relocated driveways, a signs and line marking plan was required to be submitted to Council by the developer.

 

Current Situation

The developer, Hacer Group, has now supplied Council with the required plans (by AT&L Civil Engineers and Project Managers, Reference Project No: 17-518, Drawing No: C060, Issue B, dated 23 August 2019). The plan indicates adjustments to existing signs and line marking as shown in Appendix 1.

 

All works associated with the implementation of the signposting and/or line marking are to be undertaken by the applicant in accordance with Section 8 of Council’s Engineering Construction Specification for Civil Works and Council standard drawings SD1006/1 and SD1006/2 and be at no cost to Council.

________________________________________________________________________

 

RECOMMENDED

 

          That:

 

1.     The information contained in the report on Derby and Somerset Streets, Kingswood – Endorsement of Signs and Linemarking Plan be received.

2.     The Signs and Linemarking Plan (by AT&L Civil Engineers and Project Managers, Reference Project No: 17-518, Drawing No: C060, Issue B, dated 23 August 2019), as shown in Appendix 1, for the north-eastern corner of the intersection of Derby and Somerset Streets, Kingswood, be endorsed for construction.

3.     All works associated with the implementation of the signposting and/or linemarking shall be undertaken by the applicant in accordance with Section 8 of Council’s Engineering Construction Specification for Civil Works and Council standard drawings SD1006/1 and SD1006/2 and be at no cost to Council.

4.     Council’s Asset Section be notified for inclusion of the amended signs and linemarking in Council’s asset management records and processes.

5.     Busways to be notified with regard to the adjustment to the existing Bus Zone on Derby Street (as shown in Appendix 1).

6.     Council’s Road Reserve Opening Team be notified in order to facilitate works approval and payment of associated fees with the developer.

 

 

GB 2           O'Connell Street and O'Connell Lane, Caddens - Intersection        Safety Concerns

Councillor Tricia  Hitchen (Representative for the Member for Penrith) expressed her concerns about traffic safety at the intersection of O’Connell Street and O’Connell Lane, Caddens. Councillor Hitchen advised that the Give Way signs have been knocked down and motorists are experiencing confusion about who has right of way. Councillor Hitchen requested for Council’s Traffic Engineers to investigate interim measures to improve traffic conditions here prior to the planned roundabout to be constructed.

 

RECOMMENDED

          That:

1.   Council’s Traffic Engineering Officers review the intersection of O’Connell Street and O’Connell Lane, Caddens and investigate measures to improve traffic safety here.

 

2.   Councillor Tricia Hitchen (Representative for the Member for Penrith) be advised of the outcome of Council’s investigations.

 

GB 3           Glossop Street at the Great Western Highway, St Marys - Right     Turn Movements by Trucks        

Councillor Robin Cook (Representative for the Member for Londonderry) raised concerns on behalf of a resident regarding trucks illegally turning right during the red light from Glossop Street onto the Great Western Highway, St Marys. Councillor Cook requested that a red light speed camera be installed at this intersection.

Charles Choucair of RMS advised that Council can nominate this intersection on the Centre for Road Safety’s website, requesting the placement of a red light speed camera.

RECOMMENDED

          That:

1.   Council’s Traffic Engineering Officers nominate the signalised intersection of Glossop Street and the Great Western Highway, St Marys on the Centre for Road Safety’s website as a location for the placement of a red light speed camera.

 

2.   Councillor Robin Cook (Representative for the Member for Londonderry) be advised of the outcome. 

 

GB 4           REAL Festival - Foreshadowing of TMP for the Event  

David Drozd – Traffic Engineering Coordinator advised the Committee about the upcoming REAL Festival to be held in November 2019 and foreshadowed that the Traffic Management Plan (TMP) for this event will be presented at the October 2019 LTC meeting.

RECOMMENDED

          That the Committee note the information.

 

 

GB 5           Bringelly Road, Kingswood - Bus Detours  

Steve Grady of Busways advised the Committee that a burst water main has occurred on Bringelly Road, Kingswood causing a road closure that has affected 14 Bus Stops. Steve Grady advised that bus services have had to be diverted and detours are in place.

RECOMMENDED

          That the Committee note the information.

 


 

 

GB 6           Glenmore Parkway at The Northern Road, Glenmore Park - Bus    Detours due to Road Closure

Steve Grady of Busways advised the Committee that during the October 2019 school holidays,  Glenmore Parkway at The Northern Road, Glenmore Park will be closed and bus services will be diverted to Bradley Street, Glenmore Park during this period.

RECOMMENDED

          That the Committee note the information.

 

GB 7           Castlereagh Road between Jane Street and Thornton Drive,          Penrith - Bus Detours due to Road Closure       

Steve Grady of Busways advised the Committee that from the 6 to the 9 September 2019, Castlereagh Road, between Jane Street and Thornton Drive, Penrith will be closed due to Roads and Maritime Services works as part of the Mulgoa Road Upgrade. Steve Grady advised that Transport for NSW will be running charter buses from the south side of Penrith Station.

RECOMMENDED

          That the Committee note the information.

 

GB 8           Albert Street at Parkes Avenue, Werrington - Request for 'Left      Turn Only' Restrictions      

Councillor Marcus Cornish advised that Committee that currently there is a barricade (closure) in place on the western leg of Albert Street at its intersection with Parkes Avenue, Werrington. Councillor Cornish requested that Council investigate removing this barricade and implementing a ‘Left Turn Only’ restriction on Albert Street to allow motorists to turn left out from Albert Street onto Parkes Avenue.

RECOMMENDED

          That:

1.   Council’s Traffic Engineering Officers review the western leg of Albert Street at Parkes Avenue, Werrington and investigate the possibility of implementing a ‘Left Turn Only’ restriction to allow motorists to turn left out from Albert Street onto Parkes Avenue.

 

2.   Councillor Marcus Cornish be advised of the outcome of the investigations.

 

GB 9           Great Western Highway, Emu Plains - North-Bound Traffic   Movements and Parking near Nepean Creative and Performing     Arts High School       

Councillor Marcus Cornish advised the Committee that there is an existing ‘No Stopping’ zone on the north-western side of the Great Western Highway, Emu Plains near Nepean Creative and Performing Arts (NCPA) High School. Councillor Cornish requested an investigation into the possibility of formalising the northbound travel lane of the Great Western Highway as a left-turn slip lane when approaching the school’s driveway and allowing provision for some on-street parking.

David Drozd – Traffic Engineering Coordinator advised that Council has previously liaised with the Roads and Maritime Services (RMS) regarding this matter however, Council will again request the RMS to review this matter.

RECOMMENDED

          That:

1.   Council’s Traffic Engineering Officers send a request to the Roads and Maritime Services (RMS) requesting them to investigate the possibility of formalising the northbound travel lane of the Great Western Highway as a left-turn slip lane when approaching the driveway of the NCPA High School and allowing provision for some on-street parking.

 

2.   Councillor Marcus Cornish and Council’s Traffic Engineering Officers be advised of the outcome.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:55am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 September, 2019 be adopted.

 

 

 


Ordinary Meeting                                                                                        23 September 2019

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 9 September, 2019

 

 

 

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies, and Councillors Bernard Bratusa, Brian Cartwright, Robin Cook, Marcus Cornish, Mark Davies, Aaron Duke, Kath Presdee and John Thain.    

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Karen McKeown OAM for the period 2 September 2019 to 17 September 2019 inclusive.

Leave of Absence was previously granted to Councillor Kevin Crameri OAM for the period 8 September 2019 to 19 September 2019 inclusive.

 

APOLOGIES

The apologies from Councillors Jim Aitken OAM, Todd Carney and Tricia Hitchen were accepted.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 12 August 2019

The minutes of the Policy Review Committee Meeting of 12 August 2019 were confirmed.

 

DECLARATIONS OF INTEREST

 

  There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Annual Update Planning Proposal                                                              

RECOMMENDED

That:

1.    The information contained in the report on Annual Update Planning Proposal be received

2.    Council endorses the Planning Proposal presented in this report which has been provided to Councillors as a separate enclosure, is publicly-available on Council’s website, and has been tabled tonight.

3.    The General Manager be granted delegation to update and finalise the Planning Proposal referred to in resolution 2 prior to Council's submission of the Planning Proposal to the Minister for Planning and Public Spaces and Parliamentary Counsel.

4.    Council officers forward the Planning Proposal to the Minister for Planning and Public Spaces and Parliamentary Counsel with a request to make the local environmental plan amendment.

 

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 Greg Davies

 

Councillor Robin Cook

 

Councillor Mark Davies

 

Councillor Brian Cartwright

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

                           

Councillor Marcus Cornish

                                     

Councillor Aaron Duke

 

Councillor John Thain

 

 

2        Heritage Advisory Committee Constitution                                               

RECOMMENDED

That:

1.   The information contained in the report on Heritage Advisory Committee Constitution be received.

 

2.   The Draft Heritage Advisory Committee Constitution at attachment 1 be adopted by Council.

 

 

Outcome 7 - We have confidence in our Council

 

3        Draft Asset Management Policy                                                                  

RECOMMENDED

That:

1.    The information contained in the report on Draft Asset Management Policy be received

2.    The Draft Asset Management Policy be adopted

 

 

There being no further business the Chairperson declared the meeting closed the time being 7:05 pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 9 September, 2019 be adopted.

 

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

Outcome 1 - We can work close to home

 

1        Works on Private Land - Lot 2 DP 30354 - 66-76 Tench Avenue, Jamisontown             1

 

 

Outcome 2 - We plan for our future growth

 

2        Planning for the ageing community in Penrith                                                                   7

 

3        Local Strategic Planning Statement                                                                                 19

 

4        Planning Proposal LEP Review

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

 

 

Outcome 3 - We can get around the City

 

5        Roads and Maritime Services (RMS) 2019/20 Road Funding Grants                            39

 

6        Roads and Maritime Services (RMS) 2019/20 REPAIR Program  (Rehabilitation) Road Funding Grant                                                                                                                  41

 

 

Outcome 5 - We care about our environment

 

7        St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan     47

 

8        South Creek Floodplain Risk Management Study and Plan                                           52

 

 

Outcome 7 - We have confidence in our Council

 

9        Election of Deputy Mayor                                                                                                 61

 

10      Road Dedication - Allen Place Car Park                                                                          65

 

11      Councillor Update - Property Acquisition - 92 River Road, Emu Plains                          70

 

12      Diversification of Council's Property Portfolio - Acquisition - 6 Peachtree Road, Penrith (Lot 2526 DP 710266)                                                                                                             72

 

13      Diversification of Council's Property Portfolio - Acquisition - 117 Cox Avenue, Kingswood                                                                                                                                           74

 

14      Appointment of Directors to the Board of the Penrith Performing and Visual Arts Limited                                                                                                                                           76

 

15      Outcome of Legal Proceedings - B.J Eldridge & M.E Vincent trading as Crossbones Gallery v Penrith City Council                                                                                                       78

 

16      Tender RFT1819-24 Provision of Certain Legal Services                                               81

 

17      2019-20 Financial Assistance Grant                                                                                90

 

18      2018-19 Draft Financial Statements                                                                                94

 

19      Exhibition of Council's Community Engagement Strategy and

Community Participation Plan                                                                                        101

 

20      Council Ordinary Election 2020                                                                                     104

 

21      Summary of Investments and Banking for the period 1 August 2019 to 31 August 2019 108

 

 

 


Outcome 1 - We can work close to home

 

Item                                                                                                                                                Page

 

1        Works on Private Land - Lot 2 DP 30354 - 66-76 Tench Avenue, Jamisontown              1

 

 

 



Ordinary Meeting                                                                                        23 September 2019

 

 

 

1

Works on Private Land - Lot 2 DP 30354 - 66-76 Tench Avenue, Jamisontown   

 

Compiled by:               Colin Dickson, Events Team Leader

Authorised by:            Jeni Pollard, Place Manager  

 

Outcome

We can work close to home

Strategy

Attract investment to grow the economy and increase the range of businesses operating in the region

Service Activity

Promote Penrith as a place to live and work in through events and marketing

      

 

Executive Summary

The purpose of this report is to consider the requirement for works on private land - Lot 2

DP 30354 - 66-76 Tench Avenue, Jamisontown for the purposes of conducting the annual

Real Festival at Tench Reserve on Friday 1 and Saturday 2 November 2019. It is proposed

that the vacant area of the above mentioned private land have necessary maintenance

carried out for the purposes of creating a temporary carpark for vehicles attending the event,

and for Council to fund the associated works. The private land was used for Festival parking

in 2016, 2017 and 2018.

 

Under Section 67 of the Local Government Act 1993, a Council resolution is required where

works are proposed to be undertaken on private land and the property owner is not to be

charged for works performed.

Background

On Friday 1 and Saturday 2 November 2019, Penrith City Council will host the fourth annual

Real Festival on the banks of the Nepean River at Tench Reserve.

 

In anticipation of large numbers of residents and visitors attending this event, it is proposed

that an area of private land on Tench Avenue, Jamisontown be used by Penrith City Council

to park vehicles attending. The use of this land will create an additional 800 parking spaces

that would otherwise be unavailable to festival patrons. The land was used for Festival

parking in 2016, 2017 and 2018.

 

The identified property is 66 - 76 Tench Avenue (Lot 2 DP 30354) and is 3.358 hectares in

size. The property owners have again agreed to make their land available for festival parking

and are in the process of arranging written consent to be able to use their land for this

purpose for the duration of the event.

 

For this land to be safely used as a public car park, areas of long grass will need to be cut and an access gate installed to provide suitable access and egress points.

 

Based on works required in previous years, Council’s Parks Asset Co-Coordinator has

determined that in order to make the site fit for purpose, the following works will need to be

undertaken:

 

·    Utilise a slasher and wing mover to cut the grass

·    Open existing fence line to install an access gate

·    It is estimated that this work will take approximately 6 hours to complete and utilise

two pieces of plant and an external contractor to install the gate.

 

Project Cost

The value of the work is estimated to be $2,580. This is comprised of labour and transport

for Parks staff and required plants ($1,600) and installation of the new gate by a fencing contractor ($980).

 

The project costs will be allocated from the event budget.

 

Licence Agreement

A Licence Agreement between the landowners and Council will need to be executed prior to

the beginning of the works. The Licence Agreement, in summary, will allow Council and its

contractors to carry out the required works and indemnify the landowners against any

damage, loss or injury to any persons using the land for the purposes of a temporary

carpark, as well as any loss or damage or injury to any person who may be injured while

Council is undertaking works on the land.

 

Prior to the event it is proposed to undertake a pre- event inspection with the property

owners to record the condition of the site and assist in the identification of any rectification

works post event.

 

If any rectification works are required another report will be submitted to Council.

Risk Implications

We have considered all of the risks involved in the project and implemented appropriate control measures. For example, the risk of damaging property and/or harming people whilst performing the work, which will be controlled by site induction, site safety plan and ensuring contractors have appropriate insurance cover.

 

Conclusion

The works on private land - Lot 2 DP 30354 - 66-76 Tench Avenue, Jamisontown have taken place each year since 2016 for Real Festival to provide additional and adjacent parking for the event. All risk implications have been considered and Council’s endorsement is sought to undertake that work again for the 2019 Festival.

 

 

 

RECOMMENDATION

That:

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

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

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

2        Planning for the ageing community in Penrith                                                                   7

 

3        Local Strategic Planning Statement                                                                                 19

 

4        Planning Proposal LEP Review

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

 

 

 



Ordinary Meeting                                                                                        23 September 2019

 

 

 

2

Planning for the ageing community in Penrith   

 

Compiled by:               Abdul Cheema, City Planning Co-ordinator

Breannan Dent, Planner

Authorised by:            Natasha Borgia, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Ensure our policies, strategies and plans set a clear direction for managing the growth of our City

      

 

Executive Summary

At the Ordinary Council meeting of 27 May 2019, Council was presented with a report on Responding to the Changing Needs of Older People in the City”. In considering the report, Council requested a further report outlining the planning efforts being made to meet the needs of an ageing community. This report outlines the state and local planning controls in force that provide for meeting the needs of the ageing community.

 

Planning for the ageing community occurs at various levels of the planning framework. These controls are intended to produce diverse and adaptable dwellings and places to give choice to our ageing population and support their varied needs.

 

The Western City District Plan and the Regional Plan (A Metropolis of Three Cities) identify objectives for infrastructure and liveability which contribute to the planning of places and housing that meets the needs of Penrith’s ageing community. The State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 ensures that older people, people with disabilities and those on low incomes have access to affordable and well-designed housing. The State Environmental Planning Policy (Affordable Rental Housing) 2009 facilitates and incentivises the increased supply and diversity of affordable rental and social housing in NSW.

 

Penrith Local Environmental Plan 2010 permits seniors housing, residential care facilities and respite day care centres within a broad range of zones. Penrith Development Control Plan 2014 requires developments to be designed and constructed beyond their initial or first use to ensure that buildings are durable and able to be adapted through different life cycle stages and needs. This approach maximises the liveability and longevity of the buildings by ensuring that adaptability and accessibility is integral to the design and construction of the development.

 

Council will further consult with the community on its Local Strategic Planning Statement, Local Housing Strategy and subsequent Local Environmental Plan and Development Control Plan amendments. These works will further refine Penrith’s planning controls for the ageing community.

 

It is recommended that the information contained in this report on planning for the ageing community in Penrith is received.

 

Background

At the Ordinary Council meeting of 27 May 2019, a report was presented to Council on “Responding to the Changing Needs of Older People in the City”. Council resolved that:

 

A further report be presented to Council outlining what efforts will be made to meet the needs of an ageing community through planning and development control policies.

 

The report identified that:

 

“Older people’s vision for Penrith into the future is a network of vibrant local neighbourhoods connected by well-planned roads and diverse transport options, in which residents can access high-quality services and amenities.”

 

Older people’s needs for Penrith identified in the report of 27 May 2019 are:

 

·    Mobility through well-planned roads, footpaths and diverse transport options

·    A diverse range of housing options

·    Access to high-quality services and amenities

·    Access to jobs close to home

·    Improvement of existing and valued:

Proximity and quality of health services

Parks and green spaces, as important locations for social connection and physical activity

Social connectivity

Access to local shops

The planning controls discussed below provide State and Local support for diverse housing and public places that meets these objectives.

 

Planning Controls

Planning for seniors occurs at various levels of the planning framework. These controls are intended to produce diverse and adaptable dwellings and places to give choice to our ageing population and support their varied needs.

 

A. State Planning Controls

Western City District Plan and A Metropolis of Three Cities

 

The District and Regional Plans identify objectives for infrastructure and liveability which contribute to the planning of places and housing that meets the needs of Penrith’s ageing community.

 

Relevant planning priorities from the District Plan (informed by the Regional Plan) include:

 

·    Planning for a city supported by infrastructure

·    Providing services and social infrastructure to meet people’s changing needs

·    Fostering healthy, creative, culturally rich and socially connected communities, and

·    Providing housing supply, choice and affordability, with access to jobs, services and public transport

·    Establishing the land use and transport structure to deliver a liveable, productive and sustainable Western Parkland City

·    Growing investment, business opportunities and jobs in strategic centres

·    Delivering high quality open space

·    Adapting to the impacts of urban and natural hazards and climate change

These Planning Priorities inform actions that include:

 

·    Consider the adaptability of infrastructure and its potential shared use when preparing infrastructure strategies and plans

·    Deliver social infrastructure that reflects the needs of the community now and in the future

·    Deliver healthy, safe and inclusive places for people of all ages and abilities

that support active, resilient and socially connected communities

·    Prepare a Local Housing Strategy

·    Prepare Affordable Rental Housing Target Schemes

·    Use place-based planning to support the role of centres as a focus for connected neighbourhoods

These actions are to be implemented through State and Local plans and policies. The planning priorities reinforce the community’s objectives for Penrith.

 

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (SPD SEPP)

 

The objectives of the SPD SEPP are to ensure older people, people with disabilities and those on low incomes have access to affordable and well-designed housing. The SPD SEPP balances the growing demand for suitable accommodation with the need to maintain existing local character.

 

The key effect of the SPD SEPP is that it overrides local planning controls and enables development of housing for seniors or people with a disability in areas where it otherwise wouldn’t be permissible. Development under the SPD SEPP must meet the development criteria and standards it sets. The SPD SEPP also sets out design principles to achieve built forms that respond to the characteristics of the site. The SPD SEPP also ensures that applicants provide support services for seniors or people with a disability for development on adjoining land.

 

A recent amendment to the SPD SEPP in October 2018 made the relevant planning panel the determining authority for Site Compatibility Certificates. Attachment 1 (Planning Circular) provides more information on Site Compatibility Certificates.

 

State Environmental Planning Policy (Affordable Rental Housing) 2009

 

This policy facilitates and incentivises the increased supply and diversity of affordable rental and social housing in NSW. The SEPP covers housing types including:

 

·    in-fill affordable housing

·    secondary dwellings (granny flats)

·    boarding houses

·    group homes

·    social housing

·    supportive accommodation, and

·    retention of existing affordable rental housing.

The above housing options provide Penrith’s ageing community with choices to suit their health and lifestyle needs. The policy uses different approaches for different housing types, is generally supported by design and affordability requirements and is intended to integrate with local controls. Most development under this SEPP needs approval from the relevant consent authority. However, a certifier may approve some secondary dwelling and group home developments where they aren’t proposed on bushfire or flood affected land.


 

 

B. Local Planning Controls

Penrith Local Environmental Plan 2010 (LEP)

 

Penrith LEP sets zoning and land use controls that apply to seniors living and lifestyle developments. Seniors living and lifestyle uses can include seniors housing, group homes and respite day care centres. These uses cater to a variety of needs for Penrith’s ageing community, in addition to those facilitated within other development types.

 

Council’s LEP permits seniors housing within the following zones:

 

·    R1   General Residential

·    R3   Medium Density Residential

·    R4   High Density Residential

·    B4   Mixed Use

Penrith LEP 2010 (LEP) defines a “residential care facility” as:

 

“residential care facility means accommodation for seniors or people with a disability that includes:

a)   meals and cleaning services, and

b)   personal care or nursing care, or both, and

c)   appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,

 

The LEP permits residential care facilities in the following zones along with all other zones where seniors housing is permitted:

 

·    R2   General Residential

·    R5   Large Lot Residential

The LEP defines a “respite day care centre” as “a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.”

 

Council’s LEP permits respite day care centres in the following zones along with all other zones where seniors housing and residential care facilities are permitted:

 

·    B1   Neighbourhood Centres

·    B2   Local Centres

·    B3   Commercial Core

·    B5   Business Development

·    B7   Business Park

·    IN2   Light Industrial

·    RE1   Public Recreation

·    RE2   Private Recreation

·    E4   Environmental Living

·    RU5   Village

There are two areas close to the Penrith City Centre in the Thornton and Panthers sites where the LEP makes seniors housing permissible, where the zoning otherwise wouldn’t allow it. This increases mobility and access for ageing residents to high quality services and job opportunities in the City Centre.

 

Dwellings permissible within residential zones can also be adapted for Penrith’s ageing community. This expands the useability of homes through a person’s life cycle, and enables people to continue living in their own homes as they age.

 

Penrith Development Control Plan 2014 (DCP)

 

The DCP applies controls to improve the flexibility of development and allow diverse housing options for Penrith’s ageing community. New developments and the spaces around them are required to be accessible and useable for all people.

 

The DCP implements principles of universal design which, when considered in the planning and design stage, add very little to the cost of the development but make a great deal of difference to the overall useability. These principles can be applied to external and internal areas, and go beyond the requirements of the Australian Standard for Adaptable Housing (AS 4299-1995).

 

Development is required to be durable, and to suit residents changing needs by ensuring that adaptability and accessibility are planned into the design and construction process. This approach maximises the liveability and longevity of the buildings; for example, houses designed with reinforced shower walls allow for future installation of grab rails. Wider doorways can facilitate easier movement of less able occupants. Lever taps and door handles are designed for easier use by both young children and older people. The DCP’s minimum criteria for a universally designed home are provided as Attachment 2.

 

The DCP encourages developers to lift the bar for access and/or universal design for:

·    Dwellings

·    Dual Occupancies

·    Multi Dwelling Housing

·    Residential Flat Buildings

·    Boarding Houses

·    Rural development

·    New development areas

Attachment 2 also identifies that equity of access is most critical in development frequently used by the public. Development Applications for the below developments that are frequently used by the public must address universal design in a Statement of Environmental Effects:

·    Public halls;

·    Entertainment facilities;

·    Function centres, restaurants, registered clubs and the like;

·    Large retail centres (including bulky goods development); and

·    Large office buildings.

Development required to complete a Social Impact Statement must also consider universal design and accessibility.

 

These considerations create diverse and adaptable housing options, as well as accessible public spaces and allows Penrith residents to age in place.

 

Other Plans

 

Other local plans that serve to support community objectives for Penrith and which are considered in current and future planning controls include the following:

 

·    Cooling the City Strategy: allows people to age in place by implementing strategies to cool Penrith, as ageing communities are particularly at risk from urban heat.

·    Community Plan: identifies community’s objectives for Penrith and supports 2018 engagement findings.

·    Draft Sport, Play Recreation and Open Space Strategy: Directs future management of and improvements to public open space in Penrith.

 

Council also refers some Development Applications, including those for public buildings such as nursing homes, to Council’s Access Committee. The combined knowledge and experiences of the committee provides assessing officers with a greater understanding of issues and encourages proponents to improve design beyond minimum standards towards more universal design responses.

 

Other Future Considerations

Council will further consult with the community on its Local Strategic Planning Statement (LSPS), Local Housing Strategy and subsequent LEP and DCP amendments. These works will further refine Penrith’s planning controls to create diverse, affordable and adaptable housing. These plans will serve the needs of the whole community, including older people, and allow Penrith residents to age in place.

Risk Implications

Not applicable.

 

Conclusion

The above plans and strategies actively work to improve existing provisions for and consideration of our ageing population. They form a comprehensive set of controls that meet our community’s objectives for the future of Penrith.

 

Furthermore, the community has the opportunity to be engaged in these planning processes and to help shape our local controls through the LSPS, LEP Review and future supporting DCP amendments.

 

 

RECOMMENDATION

That the information contained in the report on Planning for the ageing community in Penrith be received.

 

 

ATTACHMENTS/APPENDICES

1.

Planning circular-18-009 SEPP-Site compatibility certificates

3 Pages

Appendix

2.

Penrith Development Control Plan 2014 - Universal Design Principles

3 Pages

Appendix

  


Ordinary Meeting                                                                                                      23 September 2019

Appendix 1 - Planning circular-18-009 SEPP-Site compatibility certificates

 

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Ordinary Meeting                                                                                                      23 September 2019

Appendix 2 - Penrith Development Control Plan 2014 - Universal Design Principles

 

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Ordinary Meeting                                                                                        23 September 2019

 

 

 

3

Local Strategic Planning Statement   

 

Compiled by:               Nicole Dukinfield, Principal Planner

Authorised by:            Natasha Borgia, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate development in the City that considers the current and future needs  of our community

Service Activity

Plan for and facilitate development in the City

      

 

Executive Summary

The purpose of this report is to endorse Council’s draft Local Strategic Planning Statement (LSPS) for public exhibition. The draft LSPS is a 20-year strategic land use plan that outlines how growth and change will be managed within our City into the future. It provides a line-of-sight and alignment with the NSW Government’s Greater Sydney Region Plan (GSRP) and Western City District Plan (WCDP), and Council’s Community Plan. The draft LSPS will inform Council’s planning decisions and principal planning documents, including the Local Environmental Plan (LEP) and Development Control Plan (DCP).

 

The draft LSPS is provided under separate enclosure. 

Background

As a result of recent changes to the NSW planning legislation and the introduction of Region and District-level strategic plans, Councils are required to prepare a LSPS.

 

The LSPS is a long-term strategic land use plan that is to set out: 

·    The 20-year vision for land use in the local area;

·    The special characteristics which contribute to local identity;

·    Shared community values to be maintained and enhanced; and

·    How growth and change will be managed into the future.

 

The Environmental Planning and Assessment Act 1979 (EP&A Act) outlines that the LSPS must include:

·    The basis for strategic planning in the area, having regard to economic, social and environmental matters;

·    The planning priorities for the area that are consistent with any strategic plan applying to the area and any applicable community strategic plan;

·    The actions required for achieving those planning priorities; and

·    The basis on which the council is to monitor and report on the implementation of those actions.

 

Given the rate of change expected, particularly in the Penrith Local Government Area (LGA), the LSPS will be an evolving document that is amended as our city and priorities change, or as new information becomes available. The EP&A Act outlines that the LSPS must be reviewed every 7 years, however it is anticipated that this will occur more regularly with the opportunity to align the review of the LSPS with the review of Council’s Community Strategic Plan, and as additional strategy work is undertaken.

 

Councils are required to place their LSPS on public exhibition by 1 October 2019 and adopt a final LSPS by 31 March 2020. The Greater Sydney Commission (GSC) will have an assurance role and Council will not be able to adopt the final LSPS unless the GSC advises Council in writing that it supports the LSPS as being consistent with the GSRP and WCDP. Council satisfied the requirements of the first stage assurance held in April this year.

 

Preparation of Penrith’s draft LSPS

 

Penrith’s draft LSPS has been prepared based on recent engagement with our community including the preparation of the Community Plan, Community Satisfaction Survey and annual reviews of Council’s strategic plans.

 

For more detailed feedback specific to the preparation of the draft LSPS, a community survey was available for residents to complete between March and April. Over 140 surveys were completed and the community were asked questions such as:

·    ‘What do you value most about your local area?’

·    ‘What is the greatest need for your area?’

·    ‘What are the greatest challenges that our community will face over the next 20 years?’

·    ‘What do you think Council should prioritise over the next 20 years?’

 

In addition to the surveys, Council also established a Community Panel for more targeted engagement. A call for nominations of the Community Panel occurred in March and April 2019 with over 140 registrations. A total of 30 panel members were selected for their inclusion, with 21 attending the first meeting in May 2019. The Community Panel reflects Council’s local demographic and includes a diverse cross-section of the community.

 

A draft Local Housing Study and Strategy (provided under separate enclosure) and draft Rural Lands and Villages Study and Strategy (provided under separate enclosure) were prepared alongside the draft LSPS. It is proposed to place these draft strategies on public exhibition with the LSPS and seek the community’s feedback on their direction.

 

Structure of Penrith’s draft LSPS

 

Penrith’s draft LSPS demonstrates a ‘line-of-sight’ between the GSRP, WCDP and Council’s Community Plan. It utilises the themes of the WCDP in its structure, with 21 Planning Priorities identified below:

 

Planning Priority 1:       Align development, growth and infrastructure

Planning Priority 2:       Work in partnership to unlock our opportunities

Planning Priority 3:       Provide new homes to meet the diverse needs of our growing community

Planning Priority 4:       Improve the affordability of housing

Planning Priority 5:       Facilitate sustainable housing

Planning Priority 6:       Ensure our social infrastructure meets the changing needs of our community

Planning Priority 7:       Enrich our places

Planning Priority 8:       Recognise and celebrate our heritage

Planning Priority 9:       Support the North-South Rail Link and emerging structure plan

Planning Priority 10:     Provide a safe, connected and efficient local network supported by frequent public transport options

Planning Priority 11:     Support the planning of the Western Sydney Aerotropolis

Planning Priority 12:     Enhance and grow Penrith’s economic triangle

Planning Priority 13:     Reinforce the Quarter as a specialised health, education, research and technology precinct

Planning Priority 14:     Grow our tourism, arts and cultural industries

Planning Priority 15:     Boost our night-time economy

Planning Priority 16:     Protect and enhance our high value environmental lands

Planning Priority 17:     Define and protect the values and opportunities within the Metropolitan Rural Area

Planning Priority 18:     Connect our green and blue grid

Planning Priority 19:     Create an energy, water and waste efficient city

Planning Priority 20:     Manage flood risk

Planning Priority 21:     Cool our city

 

These Planning Priorities are supported by a series of actions to ensure that Council is delivering on the Planning Priorities. These actions are linked to a timeframe being ongoing, immediate, short to medium or medium to long. The following timeframes are used for these actions and are linked to the relevant Delivery Program:

·    Immediate: to be included in the current Delivery Program 2017/21

·    Short to medium: to be included in the next Delivery Program 2021/25

·    Medium to long: From 2025 onwards

 

Ongoing actions do not have a timeframe as they require ongoing partnerships with key stakeholders and have no end date.

 

The LSPS also includes a vision for Penrith City, the relationship to the strategic planning framework and details how we will measure and implement the LSPS.

 

Public exhibition and engagement activities

The draft LSPS, draft Local Housing Study and Strategy, and draft Rural Lands and Villages Study and Strategy are proposed to be publicly exhibited for a period of 6-weeks between 30 September to 11 November 2019. An extensive engagement program is proposed to ensure access for all residents. An outline of the proposed engagement program is provided below.

Drop-in sessions

LSPS drop-in sessions will be held across Penrith City to engage with residents who may not necessarily engage with Council. Five drop-in sessions will be held across all three wards. Sessions will involve a self-paced tour of a series of information displays addressing key themes and elements of the LSPS, with Council staff available to guide and answer any questions. The proposed locations and dates for the drop-in sessions include:

·    Penrith Civic Centre / Library: 5 October 10am-2pm

·    Glenmore Park Youth and Community Centre: 8 October 6-8pm

·    St Marys Memorial Hall: 15 October 6-8pm

·    Berkshire Park Hall: 22 October 6-8pm

·    Erskine Park Community Centre: 30 October 6-8pm

 

A drop-in session will specifically target key identified stakeholders including industry and local business, resident action groups and environmental groups, currently scheduled for 24 October 2019.

 

Exhibition displays

Council will host three temporary exhibition displays throughout the engagement period. These will be located at Council’s Civic Centre, Penrith Library and St Marys Business Office / Library.

Fact Sheets, flyers and information on how to make a submission will be available for residents and interested members of the community at each of the exhibition displays.

Advertising and Notification

To ensure that we reach a broad demographic range within the Penrith LGA, traditional and social media will be used to promote the exhibition of the LSPS. This will include weekly advertisements in the Western Weekender, a short video, radio advertisement, and utilisation of Council’s Social Media channels including Facebook and Twitter.

An advertisement has also been placed in the September edition of the Community Newsletter advising of the exhibition of the draft LSPS and details on how to make a submission.

Council’s YourSay webpage

A dedicated YourSay webpage will provide all materials and information related to the exhibition of the draft LSPS. This webpage will include a survey on the draft LSPS that community members can submit, as well as an ideas board where members of the community can post their ideas and thoughts on the draft LSPS. All ideas placed on the ideas board will be able to be viewed publicly.

Submissions can be received through Council’s YourSay page via a short pro-forma survey, submitted via email or provided in writing. Submissions made through email or in writing will receive an acknowledgement letter in response to their submission. 

Community Panel

Council established in Community Panel to help inform the preparation and review of the LSPS and review of Penrith’s Local Environmental Plan (LEP). The Community Panel held its first meeting in May 2019 and helped shape the vision and direction of the draft LSPS.

The Community Panel is scheduled to meet again in November, to help shape the final LSPS and to consider the submissions received. A further two meetings are scheduled in 2020 to provide further input and feedback into the review of Council’s LEP and Development Control Plan.

Risk Implications

Contractual arrangements require Council to place its draft LSPS on exhibition by 1 October 2019. Should this timeframe not be achieved, Council may be at risk from further funding opportunities to support the finalisation of the LSPS and LEP Review.

 

Conclusion

 

The preparation of Penrith’s draft LSPS has been informed based on recent engagement with our community. It demonstrates a consistency with the strategic planning framework including the Greater Sydney Region Plan, Western City District Plan and Council’s Community Plan.

 

The draft LSPS, draft Local Housing Strategy and draft Rural Lands and Villages Strategy are proposed to be placed on public exhibition between 30 September and 11 November 2019 to seek our community’s feedback and helped to inform the draft LSPS.

 

The final LSPS is required to be endorsed by 31 March 2020.

 

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Local Strategic Planning Statement be received

2.    Council endorse the draft Local Strategic Planning Statement, provided as a separate enclosure, to be publicly exhibited from 30 September to 11 November 2019

3.    Delegation be granted to the General Manager to make minor changes to the draft LSPS prior to exhibition

4.    Council place the draft Local Housing Study and Strategy and draft Rural Lands and Villages Study and Strategy on public exhibition from 30 September to 11 November 2019.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting                                                                                        23 September 2019

 

 

 

4

Planning Proposal LEP Review   

 

Compiled by:               Joel Carson, Senior Planner

Nicole Dukinfield, Principal Planner

Abdul Cheema, City Planning Co-ordinator

Authorised by:            Natasha Borgia, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Ensure services, facilities and infrastructure meet the changing needs of our City

Service Activity

Ensure our policies, strategies and plans provide for the services and infrastructure our City needs

     

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

 

Executive Summary

The purpose of this report is to seek Council’s endorsement of a Planning Proposal to amend Penrith Local Environmental Plan 2010 (LEP 2010) as part of Council’s LEP Review program, and forward this to the Minister for Planning and Public Spaces to request a Gateway Determination to publicly exhibit the Planning Proposal.

Background

Amendments to the Environmental Planning and Assessment Act 1979 (the Act), which commenced in March 2018, require councils to prepare a Local Strategic Planning Statement (LSPS). A LSPS is a document that sets out Council’s 20 year vision for land use in the local area, the special character and values that are to be preserved, and how change will be managed into the future. Penrith City Council (Council) has prepared a draft LSPS, being considered under a separate report at this meeting, which is anticipated to be publicly exhibited between 30 September and 11 November 2019.

 

Section 3.8(4) of the Act requires councils to review their LEPs to give effect to the planning priorities and actions in the relevant district plan within two years of the district plan being made final (i.e. before March 2020). Accordingly, Council is required to prepare a Planning Proposal to align LEP 2010 with the planning priorities set in the Greater Sydney Commission’s (GSC) Greater Sydney Region Plan – A Metropolis of Three Cities and Western City District Plan.

 

In October 2018, Council completed a ‘health check’ of LEP 2010 which confirmed Council’s local environmental plan is, for the short term, generally consistent with the Region and District Plans.

 

The preparation of the Planning Proposal is to be informed by a series of studies and strategies that respond to the forecast growth for the Western City District and Penrith Local Government Area. These studies and strategies are to provide the evidence base to inform recommendations about how Council can respond to the new strategic direction.

 

The Western Sydney City Deal provides funding for up to $2.5 million for Council to review the LEP on an accelerated timeframe. This funding has been used towards the preparation of contemporary and updated studies and strategies that can be used to inform the LEP Review.

 

The first phase of completed studies and strategies has encompassed preparation of the following documentation:

§ Local Housing Strategy

§ Rural Lands and Villages Study

§ Rural Lands and Villages Strategy

§ Scenic and Cultural Landscapes Study

§ St Marys Economic Activity Study

§ St Marys Economic Development Strategy

 

Council also intends to prepare the following studies and strategies:

§ Penrith City Centre

§ Industrial Lands

§ The Northern Road Corridor Land Use Study

§ Employment

§ Centres

§ Green Grid

 

Council proposes to carry out the LEP Review in phases to better align with the outcomes from further strategy work and actions from the LSPS. The following phases are proposed:

§ LEP Review Phase 1: Immediate outcomes from Local Housing Strategy, Rural Lands and Villages Strategy, minor housekeeping amendments and consolidation of Planning Proposals where appropriate.

§ LEP Review Phase 2: Outcomes of the remaining strategies as outlined above

§ LEP Review Phase 3: LEP-related outcomes from short-medium term actions within the LSPS.

 

This LEP Review Phase 1 Planning Proposal primarily responds to the immediate actions arising from the Local Housing Strategy, Rural Lands and Villages Strategy, and the St Marys Economic Development Strategy, as well as address minor housekeeping amendments, and the permissibility of cemeteries.

 

The Phase 2 and Phase 3 Planning Proposals will be progressed separately at a future time upon completion of further supporting studies and strategies.

The Planning Proposal

The preparation of a Planning Proposal is the first step in the Department of Planning, Industry and Environment’s (DPIE) Gateway Process for making or amending Local Environmental Plans (LEPs).

 

Council officers have prepared a Planning Proposal for the Phase 1 LEP Review. A copy of the Planning Proposal has been provided to Councillors as a separate enclosure, is publicly-available on Council’s website, and has been tabled tonight. The Planning Proposal recommends changes to the LEP 2010 written instrument and the LEP 2010 map tiles.

 

A list of the proposed changes is provided in the following table. Details of each proposed change and planning considerations are discussed below. The separately enclosed Planning Proposal provides all details of the proposed changes.

 

 

 

 

 

 

Summary table of proposed changes:

 

Item No.

Title

1

Increase lot size control for multi-dwelling housing in medium and high density zones

2

Permit eco-tourist facilities in environmental living zones

3

Strengthen the role of Castlereagh’s ‘centre’

4

Dwelling houses on certain land in Llandilo

5

Requirement for non-residential uses in St Marys Town Centre mixed use zones

6

Housekeeping matters

7

Prohibition of cemeteries and crematoriums in the Mulgoa Valley and parts of Wallacia

8

Rezoning of Triangle Park, Penrith

Item 1 - Increase lot size control for multi-dwelling housing in medium and high density zones

A principle of the Local Housing Strategy is to ‘provide housing diversity’.

 

The Local Housing Strategy recommends ensuring there is a diversity of housing types, sizes and tenure that are flexible, adaptable and appropriate to the changing needs of current and future residents and making a more positive contribution to local character.

 

It is proposed that LEP 2010 Clause 4.1A (Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings) is amended to increase the minimum lot size for multi-dwelling housing from 800sqm to 1200sqm in R3 Medium Density Residential and R4 High Density Residential zones.

 

The intention of these changes is to:

§ Deliver better amenity and design outcomes

§ Ensure appropriate size and dimensions are provided for medium density housing

§ Elevate existing controls in DCP to LEP to strengthen their implementation

 

The relevant Planning Priorities in the Local Strategic Planning Statement are:

§ PP3 Provide new homes to meet the diverse needs of our growing community

§ PP5: Facilitate sustainable housing

§ PP7: Enrich our places

Item 2 - Permit eco-tourist facilities in environmental living zones

A planning outcome of the Rural Lands and Villages Strategy is to “support a diverse rural economy”. One of the strategies to help achieve this planning outcome is to “grow rural tourism”. The Rural Lands and Villages Strategy recommends reviewing the permissibility of accommodation suitable for visitors in rural and environmental protection zones.

 

The types of short-term accommodation for tourists and visitors that are appropriate in rural areas are bed and breakfast accommodation, farm stay accommodation and eco-tourist facilities. Hotel or motel accommodation is also considered appropriate in rural villages where it is supported by suitable infrastructure and services.

 

Bed and breakfast accommodation is permissible with consent in all identified rural and environmental protection zones. Farm stay accommodation is also permissible in these zones except for E4 zones. It is not considered appropriate to permit farm stay accommodation in E4 zones as it requires a working farm.

 

Hotel or motel accommodation is only permissible with consent in the RU5 zone where there is likely to be suitable infrastructure and services to support this type of accommodation.

 

Eco-tourist facilities are currently permissible with consent in the E3 zone. The definition of an eco-tourist facility states that it must be “located in or adjacent to an area with special ecological or cultural features”. Clause 5.13 of LEP 2010 also requires an eco-tourist facility to satisfy other requirements including demonstrating a connection between the development and the ecological, environmental and cultural values of the site or area; enhancing an appreciation of these values; and not adversely affecting the agricultural productivity of adjoining land. Considering these requirements and the objectives of each of the identified rural and environmental zones, it is appropriate that eco-tourist facilities be permitted in both the E3 and E4 zones.

 

Accordingly, it is proposed that LEP 2010 be amended to permit with development consent ‘eco-tourist facilities’ in the E4 Environmental Living zone. 

 

The relevant Planning Priorities in the Local Strategic Planning Statement are:

§ PP14: Grow our tourism, arts and cultural industries

§ PP17: Define and protect the values and opportunities of the Metropolitan Rural Area

Item 3 - Strengthen the role of Castlereagh’s ‘centre’

A planning outcome of the Rural Lands and Villages Strategy is to “provide for housing and services that support (rural) communities’ changing needs”. One of the strategies to help achieve this planning outcome is to “reinforce the network of rural centres”. Rural centres provide an important focus for commercial and social activities for surrounding communities.

 

The Rural Lands and Villages Strategy recommends Council partner with local communities to develop a common vision for each centre to provide a more detailed basis for long-term planning. In particular, the strategy recommends that the role of Castlereagh’s centre be strengthened by permitting additional uses with consent to enable incremental growth to occur and ensure the centre remains relevant to surrounding community needs over time.

 

The strategy recommends new development be focused around the intersection of Castlereagh Road and Hinxman Road/Post Office Road. This location already includes several community uses such as a public school, community hall, local park and rural fire station, as well as a service centre providing day-to-day goods. The Strategy also recommends that the potential for new development be subject to future sewer management capabilities. The boundary of the Castlereagh ‘centre’ is identified in blue on the map provided in the separately enclosed Planning Proposal.

 

It is proposed that LEP 2010 Schedule 1 additional permitted use provisions are amended to allow the following land uses to be permitted with consent for the area identified in red on the map:

§ centre-based child care facilities

§ kiosks

§ markets

§ neighbourhood shops

§ recreation facilities (indoor); and

§ restaurants or cafes.

 

It is noted that the land containing the Castlereagh Hall (the former chambers of Castlereagh Council), Smith Park (and memorials) and Castlereagh Rural Fire Station is excluded from the proposed additional permitted use provisions to ensure that these uses continue to be provided for the local community.

 

It is also noted that the existing controls in Clause 5.4 of LEP 2010 which limit the scale of kiosks (gross floor area to no more than 50 square metres) and neighbourhood shops (retail floor area to no more than 200 square metres) would continue to apply.

 

The relevant Planning Priorities in the Local Strategic Planning Statement are:

§ PP7: Enrich our places

§ PP17: Define and protect the values and opportunities of the Metropolitan Rural Area

Item 4 - Dwelling houses on certain land in Llandilo

The Rural Lands and Villages Strategy has considered the existing planning controls for dwelling houses on certain land at Llandilo, which are prescribed by LEP 2010 Clause 7.17. These provisions require that development consent must not be granted for dwelling houses unless the land has an area of at least two hectares. Applications for dwelling houses are to submit a consolidation plan where two or more lots need to be consolidated to achieve a minimum area of two hectares.

 

The Rural Lands and Villages Strategy acknowledges that the current two hectare requirement for a dwelling house has a role in preserving the rural character of Llandilo. It recommends that:

·    The rural feel of Llandilo be maintained and enhanced

·    Opportunities for small-lot agricultural activities such as poultry farming and market gardening be protected

·    Further intensification of residential development be discouraged, given flooding constraints and increasing density threatens the potential for sustaining viable agricultural activities

·    A minimum lot size of two hectares for a dwelling house be maintained, recognising there is no reticulated sewer and this would strongly assist in preserving rural character.

 

The minimum two hectare requirement has been in place since 1977, and has been consistently applied since that time. Over time, although adjoining lots have been held in the same ownership, consolidation of those lots has not occurred in all cases. It is noted that there are 6 properties in Llandilo that are excluded from the operation of the LEP 2010 provisions; thereby providing a dwelling entitlement for each of those properties.

 

It is generally proposed to retain the existing LEP 2010 requirements for a minimum lot size of two hectares for a dwelling house. However, it has been identified that there are approximately 11 lots at Llandilo where dwelling houses are unable to be constructed. These lots have no capacity to consolidate with adjoining lots to achieve the two hectare minimum, as adjoining lots are under different ownerships. These lots have the potential to be sold individually and any new owner would be unable to construct a dwelling.

 

It is therefore proposed that LEP 2010 is amended to permit a dwelling on these lots. Dwelling houses on these lots are not likely to diminish the rural character of Llandilo or threaten the potential for sustaining viable agricultural activities. These 11 lots are listed in the separately enclosed Planning Proposal.

 

At a future time Council will undertake further work to consider the planning controls for dwellings at Llandilo and review the relevance of the minimum two hectare requirement.

 

The relevant Planning Priorities in the Local Strategic Planning Statement are:

§ PP17: Define and protect the values and opportunities of the Metropolitan Rural Area

Item 5 - Requirement for non-residential uses in St Marys Town Centre mixed use zones

A principle of the St Marys Economic Development Strategy is to encourage well designed mixed-use residential renewal while protecting opportunities for medium to longer term commercial, knowledge and professional service growth. This is consistent with the long term vision for St Marys, to transition into a Strategic Centre as major transport infrastructure comes online.

 

This strategic work has identified that the St Marys Town Centre’s ability to deliver further employment-related development may be impacted by current LEP & DCP controls around shop-top housing and mixed-use development.

 

An analysis of future growth and demand for retail and commercial floorspace against capacity under the current planning framework has identified that the need for retail and commercial floorspace may exceed capacity between 2031 and 2046. The incorporation of residential development in the town centre may act to decrease the amount of available commercial floorspace, when redevelopment occurs.

 

This highlights the need to manage residential development to ensure capacity for long term town centre growth, and introduce new LEP controls that protect the retail and commercial core of the St Marys Town Centre for future non-residential use.

 

In order to achieve this it is proposed that a new control is introduced to LEP 2010 requiring non-residential floorspace provision within the St Marys Town Centre. The control would require a proportion of the developments’ total floorspace be provided, at a minimum, for non-residential uses on the ground and first floors. Residential uses would be above.

 

It is therefore proposed that LEP 2010 is amended to require that ground and first floor development for land zoned B4 Mixed Use in St Marys Town Centre provide non-residential uses.

 

The relevant Planning Priorities in the Local Strategic Planning Statement are:

§ PP12: Enhance and grow Penrith’s economic triangle.

Item 6 - Housekeeping matters

It is proposed to resolve several minor errors and anomalies that have been identified in LEP 2010. The errors and anomalies proposed to be resolved by this Planning Proposal can be categorised as follows:

§ updates to provisions to contemporise the plan

§ correction to typographical errors

§ correction to mapping errors

§ removal of heritage-listed items that no longer exist

§ update to provisions to provide consistency in the application of development controls

 

Rectifying these errors and anomalies will provide a more accurate planning instrument and reduce the potential for delays, should development be proposed where the errors and anomalies exist.

 

There are 10 housekeeping matters in total proposed to be changed. A list of the proposed changes is provided in the table below.

 

 

 

Item No.

Title

Proposed change

6A

Additional Permitted Uses provisions for 164 Station Street, Penrith

The existing partial coverage of the additional permitted uses on the site is proposed to be extended to cover the full site so as to provide a uniform and consistent suite of planning provisions to the site and enable orderly development of the land.

6B

Rezoning of several parcels of Sydney Water land

 

The subject properties are:

a.   99a Mackellar Street, Emu Plains

b.   18b The Haven, Orchard Hills

c.   312a Wentworth Road, Orchard Hills

d.   1 Alston St, Glenmore Park

e.   76A Christie St, St Marys

f.    171-175 Andrews Rd, Cranebrook

g.   2a Fitch Ave, Penrith

h.   1 Hickeys Lane, Penrith

i.    13A Mackellar St, Emu Plains

j.    23A Loftus St, Regentville

k.   1 Factory Rd, Regentville

l.    1A Carcoar Cl, Erskine Park

m.  2180 Castlereagh Rd, Penrith

n.   18 Winbourne Rd, Mulgoa

o.   334A Londonderry Rd, Londonderry

p.   9 William Hart Cres, Penrith

q.   2181-2185 Castlereagh Road, Penrith

Rezoning of 16 Sydney Water properties that are currently inappropriately zoned.

 

The properties are proposed to be rezoned to SP2 Infrastructure under LEP 2010. It is also proposed to remove lot size and building height controls, consistent with the approach to SP2 zones.

 

Council has also identified a further Sydney Water site that is currently zoned SP2 Infrastructure, and it is warranted that the lot size and building height controls are removed from this site.

6C

Correction to LEP 2010 Clause 8.4 (Design excellence)

Clause 8.4(6) incorrectly refers to matters set out in subclause (3) of Clause 8.4. A correction to this clause is proposed to refer to matters set out in subclause (2) of Clause 8.4.

6D

Exclude the application of Clause 8.4 (Design excellence) from Clause 4.6 (Exceptions to development standards)

There is a need to correct LEP 2010 Clause 4.6 (Exceptions to development standards) to exclude the application of LEP 2010 Clause 8.4 (Design excellence) if the subject development proposal already seeks a variation to the development standards allowed under the design excellence provisions. This change would prevent a development seeking non-compliance with a development standard more than once.

6E

Alignment of mapped planning controls at Peak Place and Edgewater Drive, Glenmore Park

Correction to the mapping for zoning, lot size, building height, and urban release area mapping for part of the road reserve of Peak Place and Edgewater Drive to provide consistency with the predominant planning controls in that locality.

6F

Update to property descriptions and mapping for Schedule 1 sites at Thornton Estate

It is proposed to update the property descriptions and mapped planning controls relating to sites identified in Schedule 1 Additional Permitted Uses at Thornton Estate in Penrith in order to respond to subdivision approvals in this area.

6G

Correction to zoning of park at Buttercup Street, Claremont Meadows

An existing park at Buttercup is incorrectly zoned and is proposed to be zoned RE1 Public Recreation. The height and lot size controls are also to be removed.

6H

Removal of heritage item at 9 Railway Row, Emu Plains

The land is listed as containing a heritage item. The item no longer exists and is therefore proposed to be removed from LEP 2010.

6I

Removal of heritage item at 65 Mulgoa Road, Penrith

The land is listed as containing a heritage item. The item no longer exists and is therefore proposed to be removed from LEP 2010.

6J

Amendment to mapping of heritage items (milestones) at Kingswood

Two heritage item milestones are to have their heritage mapping amended to identify the correct location within the road reserve and not on adjoining lots.

The housekeeping update to LEP 2010 will broadly support the Planning Priorities of the LSPS.

Item 7 - Prohibition of cemeteries and crematoriums in the Mulgoa Valley and parts of Wallacia

The Mulgoa Valley and Wallacia contain significant rural landscapes, including agricultural qualities, cultural heritage values, scenic values, and are the setting for the villages of Mulgoa and Wallacia.

 

It is proposed to amend LEP 2010 to prohibit cemeteries and crematoriums in the Mulgoa Valley and parts of Wallacia.

 

The purpose of these changes is to prevent the establishment of cemeteries and crematoria in these areas, due to this form of development being incompatible with the character and values of these areas.

 

The changes proposed to LEP 2010 are 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.

 

At its Ordinary Meeting of 28 August 2017, Council resolved to endorse a Planning Proposal seeking the above LEP amendments and that it be forwarded to DPIE to request a Gateway Determination. The Planning Proposal and Gateway request were submitted to DPIE on 8 September 2017.

 

On 12 October 2017 DPIE provided advice to Council that requested submission of additional supporting information and justification for the proposed changes. The advice recommended Council consults with the Department of Industry, Lands & Forestry, as well as with Cemeteries & Crematoria NSW in preparation of the supporting information.

 

On 20 December 2017 DPIE provided advice to Council which stated that Planning Proposals seeking to amend or prohibit cemeteries and crematoria will not proceed to Gateway until the Greater Sydney Commission has completed its review into the need for land for cemeteries and crematoria in the Greater Sydney Region.

 

In light of recent directions made by the Independent Planning Commission (IPC) relating to cemetery development applications within the Greater Sydney region (specifically the approval of Varroville cemetery and refusal of Wallacia Memorial Park cemetery), it is Council’s view that the Planning Proposal is now able to proceed to Gateway and attain a Gateway Determination. Accordingly, the proposed prohibition of cemeteries and crematoriums in the Mulgoa Valley and parts of Wallacia has been consolidated as part of this LEP Review Phase 1 Planning Proposal.

 

The relevant Planning Priorities in the Local Strategic Planning Statement are:

§ PP6:  Ensure our social infrastructure meets the changing needs of our communities

§ PP17: Define and protect the values and opportunities of the Metropolitan Rural Area

Item 8 - Rezoning of Triangle Park, Penrith

Triangle Park is located at the end of High Street, between Riley and Henry streets in Penrith.

 

At the Policy Review Committee meeting of 13 July 2015, Council resolved to develop a permanent park on the road reserve at the western end of High Street, between Riley Street and Henry Street in Penrith. A design and construction process was subsequently undertaken for the Triangle Park site. Triangle Park opened in 2018.

 

It is anticipated that the Triangle Park site will soon be undergoing a road closure process.

 

As a parallel process, it is proposed that the park is rezoned from its B3 and B4 zonings to RE1 Public Recreation to align the zoning with the same zoning consistently applied to local parks. It is also proposed to remove the existing height and floor space ratio control from the site, as this is the standard practice for RE1 zones.

 

The relevant Planning Priorities in the Local Strategic Planning Statement are:

§ PP6: Ensure our social infrastructure meets the changing needs of our communities

§ PP7: Enrich our places

Local Planning Panel advice

In accordance with the requirements of Section 2.19 of the Act, the Planning Proposal was presented to Council’s Local Planning Panel on 11 September 2019 to obtain advice. Advice provided by the Panel is to be taken into consideration in Council’s assessment and preparation of the Planning Proposal.

 

The Local Planning Panel provided the following advice for consideration:

 

§ In relation to item 1, the panel raises concerns that 1200sqm may be insufficient for the development subject to the ADG (Apartment Design Guide) and SEPP 65 where 1500sqm is considered more appropriate to ensure compliance with ADG. 1200sqm should only be considered for Town House development.

 

In response, Council officers note that the Panel’s advice in relation to 1200sqm being only considered for Town House development is considered consistent with the changes sought in this Planning Proposal for multi-dwelling housing in R3 Medium Density Residential and R4 High Density Residential zones. As the changes sought in this Planning Proposal do not apply to apartment developments, the Panel’s comments in relation to the 1500sqm requirement are not considered relevant.

 

 

§ In relation to item 7 the panel agrees with the department that a planning proposal that seeks to prohibit cemeteries should not proceed until GSC (Greater Sydney Commission) has completed its review into the need for land for cemeteries and crematoria in the Greater Sydney Region and therefore recommends the removal of this item from the planning proposal.

 

The Planning Proposal to prohibit cemeteries and crematoriums in the Mulgoa Valley and parts of Wallacia was lodged with DPIE in September 2017. In December 2017, DPIE advised that a Gateway Determination will not be progressed ahead of the completion of the GSC’s review into the need for land for cemeteries and crematoria. Council understands that the review was completed at the end of 2018, although it has not been formally released. Our Council has made several representations to DPIE seeking to understand the outcomes of this work. In correspondence received by Council in September 2019, DPIE advised that more time is needed for the GSC to review the findings, and that the progression of the planning proposal will be expediated upon completion of the GSC’s work. Given DPIE’s commitment to expediate the planning proposal this matter has been consolidated within the LEP Review Planning Proposal.

 

The inclusion of Item 7 in the LEP Review Phase 1 Planning Proposal will reinforce Council’s commitment to protecting the special and unique qualities in the Mulgoa Valley and parts of Wallacia and provide certainty to our community of Council’s position on cemetery delivery in our local government area. Also, given the recent approval and refusal of cemetery applications in the Greater Sydney Region, it is Council’s view that these changes are pursued in this LEP Review and that progressing this LEP amendment to a Gateway Determination is now timely.

 

Given the information provided above in response to the Local Planning Panel advice, Council officers recommend that no changes are made to the Planning Proposal.

 

A copy of the advice provided by the Local Planning Panel is available at Appendix 1.

Next steps

Should Council endorse the recommendations of this report, the following steps include:

 

1.   The Planning Proposal will be updated and finalised by Council officers.

 

2.   The Planning Proposal will be forwarded to the Minister for Planning and Public Spaces with a request to issue a “Gateway Determination” to commence an LEP amendment process. The submission will include a request to issue Council with Delegation for plan making authority.

 

3.   Council officers will liaise with DPIE and other stakeholders to negotiate any changes sought to the Planning Proposal by DPIE in the lead up to the Gateway Determination.

 

4.   DPIE will issue a Gateway Determination, being an authorisation that the LEP plan making process may proceed. The Gateway Determination will, amongst other things, provide details of the public authorities that Council must consult and the requirements for undertaking the public exhibition.

 

5.   Council officers will make any necessary changes to the Planning Proposal prior to public exhibition in response to the conditions of the Gateway Determination and negotiations with stakeholders.

 

6.   Council officers will publicly exhibit the Planning Proposal in accordance with the requirements of the Gateway Determination and in accordance with the community consultation requirements of the Act and the Environmental Planning and Assessment Regulation 2000.

 

7.   Submissions received on the public exhibition for the Planning Proposal will be reviewed, and recommendations prepared for Council’s consideration.

 

8.   A further report will be presented to Council following the public exhibition of the Planning Proposal, where Council would have an opportunity to endorse the Planning Proposal.

 

9.   Should Council endorse the Planning Proposal, Council officers would forward the Planning Proposal to DPIE to make the LEP amendment.

 

10. The LEP Review Phase 2 and Phase 3 Planning Proposals will be progressed separately at a future time upon completion of further supporting studies and strategies.

Risk Implications

Council must achieve certain reporting timeframes to enable the progression of its accelerated LEP Review and to obtain funding allocated through the City Deal program. In this respect Council’s resolution is required to enable this Planning Proposal to be submitted to DPIE by 30 September 2019 to request a Gateway determination and therefore achieve the set timeframes. Should this timeframe not be achieved, Council may be at risk from further funding opportunities to support the finalisation of the LEP Review.

Conclusion

Council is required to prepare a Planning Proposal to align LEP 2010 with the planning priorities set in the GSC’s Greater Sydney Region Plan – A Metropolis of Three Cities and Western City District Plan.

 

Council proposes to carry out the LEP Review in phases to better align with the outcomes from further strategy work and actions from the LSPS. This Phase 1 LEP Review Planning Proposal primarily responds to the immediate actions arising from the Local Housing Strategy, Rural Lands and Villages Strategy, and the St Marys Economic Development Strategy, as well as address minor housekeeping amendments, and the permissibility of cemeteries.

 

Should Council endorse the recommendations of this report, the Planning Proposal will be forwarded to the Minister for Planning and Public Spaces to request a Gateway Determination to publicly exhibit the Planning Proposal.

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Planning Proposal LEP Review be received

2.    Council endorses the Planning Proposal presented in this report which has been provided to Councillors as a separate enclosure, is publicly-available on Council’s website, and has been tabled tonight

3.    The General Manager be granted delegation to update and finalise the Planning Proposal referred to in resolution 2 prior to Council's submission of the Planning Proposal to the Minister for Planning and Public Spaces.

4.    Council officers forward the Planning Proposal to the Minister for Planning and Public Spaces with a request to issue a Gateway Determination. The submission will include a request to issue Council with Delegation for plan making authority.

5.    The General Manager be granted delegation to make any necessary changes to the Planning Proposal in the lead up to the Gateway Determination.

6.    The General Manager be granted delegation to make any necessary changes to the Planning Proposal prior to public exhibition in response to the conditions of the Gateway Determination and negotiations with stakeholders.

7.    Council publicly exhibits the Planning Proposal for a period to be specified in the Gateway Determination, and in accordance with the community consultation requirements of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

8.    A further report be presented to Council following the public exhibition.

 

 

ATTACHMENTS/APPENDICES

1.

Penrith Local Planning Panel advice

1 Page

Appendix

  


Ordinary Meeting                                                                                                      23 September 2019

Appendix 1 - Penrith Local Planning Panel advice

 

PDF Creator

 


Outcome 3 - We can get around the City

 

Item                                                                                                                                                Page

 

5        Roads and Maritime Services (RMS) 2019/20 Road Funding Grants                            39

 

6        Roads and Maritime Services (RMS) 2019/20 REPAIR Program  (Rehabilitation) Road Funding Grant                                                                                                                  41

 

 

 

 



Ordinary Meeting                                                                                        23 September 2019

 

 

 

5

Roads and Maritime Services (RMS) 2019/20 Road Funding Grants   

 

Compiled by:               Hans Meijer, City Assets Manager

Authorised by:            Brian Steffen, Director - City Services  

 

Outcome

We can get around the City

Strategy

Provide a safe and efficient road and pathway network

Service Activity

Maintain the City's roads and pathways

      

 

Executive Summary

The purpose of this report is to advise Council of the Roads and Maritime Services (RMS) 2019/20 Road Funding Grants. RMS provides various Road Funding Grants to councils each year, to assist with maintenance of regional roads, road safety and traffic related matters.

 

The report recommends that Council accepts the grants offered.

Background

RMS provides various Road Funding Grants to councils each year, to assist with maintenance of regional roads, road safety and traffic related issues.

 

Advice has been received from RMS of the following grants for 2019/20:

 

Regional Road and Signs/ Traffic Facilities (signs & linemarking) (block grants)

 

The Regional Road Block Grant is made up of the following components:

-     Road component: Allocated to maintenance work on Regional Roads. The allocation for 2019/20 has been indexed by RMS at 2.3% above the 2018/19 allocation amount;

-     Supplementary Road Component: This is available for road works, as determined by Council, on regional roads. In 2019/20 this component is allocated to the Rural Roads Widening Program for the resurfacing of Castlereagh Road, Castlereagh (continuing 400m from works completed in 2018/19) and was included in the adopted 2019/20 Operational Plan. This allocation is not indexed and is the same as the amount allocated in previous years;

-     Traffic Facilities Component: For the installation and maintenance of regulatory signs and lines on local and regional roads. The allocation for 2019/20 has been indexed by RMS at 2.3% above the 2018/19 allocation amount.

 

 

RMS advises that the following 2019/20 Program Funding is available to Council:

 

Regional Roads

2019/20

Basis of grant

Block Grant- Road Component

$543,000

100%

Block Grant – Supplementary Road Component

$156,000

100%

Block Grant – Traffic Facilities Component

$492,000

100%

Total allocation to Penrith City Council:

$1,191,000

 

 

 

Risk Implications

Council is required to accept the funding prior to 30 September 2019 to guarantee it receives the funding. Funding conditions are appropriate for funding offered.

 

Conclusion

It is recommended that Council accept the grants being offered and formally thank the State Government for the grants.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Roads and Maritime Services (RMS) 2019/20 Road Funding Grants be received

2.    The RMS 2019/20 Program Funding Block Grant of $1,191,000 be accepted.

3.    The Common Seal of the Council of the City of Penrith be affixed to the “Agreement for Block Grant Assistance to Council for Regional Roads 2019/20”.

4.    Council write to the State Government formally thanking them for the Road Funding Grants

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        23 September 2019

 

 

 

6

Roads and Maritime Services (RMS) 2019/20 REPAIR Program  (Rehabilitation) Road Funding Grant   

 

Compiled by:               Hans Meijer, City Assets Manager

Authorised by:            Brian Steffen, Director - City Services  

 

Outcome

We can get around the City

Strategy

Provide a safe and efficient road and pathway network

Service Activity

Maintain the City's roads and pathways

      

 

Executive Summary

The purpose of this report is to advise Council of the Roads and Maritime Services (RMS) 2019/20  REPAIR Program Road Funding Grant. RMS provides various Road Funding Grants to Councils each year, to assist with maintenance of regional roads.

 

The report recommends that Council accepts the grant of $300,000 offered toward the pavement reconstruction of Russell St, Emu Plains (between Great Western Highway and Water Street).

Background

RMS provides various Road Funding Grants to Councils each year, to assist with maintenance of regional roads.

 

Advice has been received from RMS of the following grant for 2019/20:

 

Regional Road (REPAIR program)

Council can access a 50% contribution for specific works on Regional roads under the REPAIR Program. Penrith City Council’s allocation under this program in recent years has been as follows:

 

2018/19:     $300,000

2016/17:     $300,000

2015/16:     $300,000

2014/15:     $300,000

 

RMS has advised that Council has been successful in achieving the maximum amount of $300,000 in the 2019/20 REPAIR Program. The allocation consists of $300,000 toward the pavement reconstruction works on Russell Street, Emu Plains (Great Western Highway to Water Street).

 

Council has the matching funds available for the program, adopted as part of the Operational Plan at the Ordinary meeting on 24 June 2019.

Risk Implications

Council is required to accept the funding prior to 30 September 2019 to guarantee it receives the funding. Funding conditions are appropriate for funding offered.

 

 

Conclusion

It is recommended that Council accept the grant being offered and formally thank the State Government for the grant.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Roads and Maritime Services (RMS) 2019/20 REPAIR Program  (Rehabilitation) Road Funding Grant be received

2.    Council accept the grant of $300,000, offered under the 2019/20 Roads and Maritime Services REPAIR Program, for the pavement reconstruction works on Russell Street, Emu Plains (Great Western Highway to Water Street)

3.    Council write to the State Government formally thanking them for the REPAIR Program Grant Funding.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

Outcome 4 - We have safe, vibrant places

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 5 - We care about our environment

 

Item                                                                                                                                                Page

 

7        St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan     47

 

8        South Creek Floodplain Risk Management Study and Plan                                           52

 

 

 

 



Ordinary Meeting                                                                                        23 September 2019

 

 

 

7

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

 

Compiled by:               Mylvaganam Senthilvasan, Engineering Coordinator 

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We care for our environment

Strategy

Minimise risks to our community from natural disasters and a changing climate

Service Activity

Manage the risk to and impact on life and property from the existing and potential future use of the floodplain

      

 

Executive Summary

In accordance with the NSW Government’s Floodplain Development Manual (April 2005), Council has undertaken the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and developed a Floodplain Risk Management Plan for the catchment area.  The purpose of this report is to advise the Council that the draft report of the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan is complete and ready for public exhibition.

 

The report recommends that the draft report for public exhibition of the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan be placed on exhibition for public comment.

Background

The NSW Government’s Flood Policy is directed at providing solutions to existing flooding problems in developed areas and ensuring that new developments are compatible with the relevant flood hazard and do not create flooding problems in other areas. Under the Policy the management of flood prone land remains the responsibility of Local Government. Policy and floodplain management practices are defined in the NSW Government’s Floodplain Development Manual, April 2005.  The policy sets out a staged process we must follow, which includes data collection, a flood study, a floodplain risk management study and plan, and implementation of the plan as shown in Figure 1 below.

Figure 1


 

 

 

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

 

Floodplain Risk Management Studies and Plans for various creek systems and the catchment areas within the Penrith Local Government Area (LGA) will be required to effectively manage Council’s floodplains.  In 2006 Council undertook an “Overland Flow Flood Overview Study” for the entire Penrith Local Government Area. This identified and mapped all major overland flow paths; to assess provisional flood hazard for properties at risk of flooding; to rank catchment areas in terms of severity of flooding; and to assist Council in prioritising catchment areas to undertake detailed flood studies and develop floodplain risk management plans.

 

The St Marys (Byrnes Creek) Catchment was identified as one of the priority catchments requiring a detailed flood study and a floodplain risk management plan to effectively manage the flooding.

 

The St Marys (Byrnes Creek) Catchment Study Area (Appendix 1) is located on the southern side of the Railway line and is generally bounded by M4 Motorway to the south, Marsden Road to the east and St Marys Levee to the west. The study covers an area of approximately 310 hectares (3.1 square kilometres) and comprises the St Marys Business District and surrounding areas. The catchment drains to South Creek via Byrnes Creek near the Great Western Highway. The study area is highly urbanised and includes an extensive pit and pipe drainage system. The study area also includes St Marys flood protection levee which was originally built to mitigate the impacts of flooding from South Creek.

 

A detailed overland flow flood study for the St Marys (Byrnes Creek) Catchment was completed, and on 26 October 2015 the Flood Study was adopted by Council.  The next stage of the floodplain management process is to undertake a Floodplain Risk Management Study and to develop a Floodplain Risk Management Plan for the study area.  The study area is influenced by both local overland flow from the upstream catchment and the main stream South Creek from downstream backwater. Both flooding mechanisms were analysed and the results used to develop the floodplain risk management plan.

 

The St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan is jointly funded by the NSW Government and the Council under the NSW Government’s 2015/16 Floodplain Management Program.

 

The Floodplain Risk Management Study and Plan has been undertaken in accordance with the NSW Floodplain Development Manual and provide a comprehensive analysis of the existing and the future flood risks; investigation of possible flood risk management options to manage the flood risk; and recommendation of flood risk management solutions. The Study was overseen by a Technical Working Group (TWG) comprising representatives from Council, the Department of Planning, Industry and Environment (formally OEH), the NSW State Emergency Services and adjacent Councils.

 

On 2 September 2019, the draft for public exhibition of the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan was presented to the Floodplain Risk Management Committee. The Committee endorsed that the draft report for the purpose of the public exhibition.

 

Key recommendations of the draft (for exhibition) plan include:

·    Improvement to planning and development controls including a review of Council’s LEP and DCP;

·    Design and construction of Cook Park detention basin;

·    Design and construction of stormwater drainage improvement works at various locations;

·    Installation of automated water level alert system;

·    Improve public awareness of the flood risk;

·    Improvement to the existing retarding basin in Monfarville Reserve; and

·    Improvement to the existing St Marys Levee to meet the current design standards.

 

The draft report for Public exhibition of the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan, July 2019 (Volume 1- Main Report and Volume 2- Figures are provided to Councillors and are made available to the public on Council’s website) is now complete and ready for public comment.

 

Public Exhibition

The exhibition process will include direct exhibition through the catchment and public notification of that exhibition period. It is proposed that the following will be undertaken as part of the public exhibition.

 

·      Advertisements will be placed in the local newspaper inviting residents, ratepayers and business owners to review the Draft reports and make submissions;

·      Letters to residents within the study area informing them about the public exhibition and requesting them to review the Draft reports and make submissions;

·      Council’s website will be used to access the study documents and arrangements will be made for making submissions electronically;

·      Printed study documents will be placed as appropriate at Council offices, libraries and community centres for viewing by the public;

·      Community Information Sheets detailing the flood management process and the steps involved in developing a floodplain risk management plan will be prepared and distributed. This will also be made available through Council’s Website.

·      One community drop in session will be arranged at a suitable location within the catchment so as the public could directly view the relevant documents and discuss as required.

It is proposed to commence the public exhibition in October / November 2019.

Risk Implications

Council is required to publicly exhibit the draft report of the Floodplain Risk Management Study and Plan and to seek comment before adopting the study and plan.  This is to meet the requirements detailed in the NSW Floodplain Development Manual, April 2005 and to meet the grant funding requirement.

 

Conclusion

The draft report of the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan is now complete and ready for public exhibition. The next step is to publicly exhibit the Floodplain Risk Management Study and Plan and bring a subsequent report back to Council detailing the results of the exhibition.

 


 

 

RECOMMENDATION

That:

1.      The information contained in the report on St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan be received.

2.      The draft report for public exhibition of the  St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan, July 2019 be endorsed for public exhibition for a period of no less than 28 days.

3.      A further report to be presented to Council on the results of the public exhibition of the draft report for public exhibition of the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan, July 2019 addressing any submissions received during the exhibition period.

 

 

ATTACHMENTS/APPENDICES

1.

St Marys (Byrnes Creek ) Catchment Study Area

1 Page

Appendix

  


Ordinary Meeting                                                                                                      23 September 2019

Appendix 1 - St Marys (Byrnes Creek ) Catchment Study Area

 

PDF Creator


Ordinary Meeting                                                                                        23 September 2019

 

 

 

8

South Creek Floodplain Risk Management Study and Plan   

 

Compiled by:               Mylvaganam Senthilvasan, Engineering Coordinator 

Authorised by:            Adam Wilkinson, Engineering Services Manager  

 

Outcome

We care for our environment

Strategy

Minimise risks to our community from natural disasters and a changing climate

Service Activity

Manage the risk to and impact on life and property from the existing and potential future use of the floodplain

      

 

Executive Summary

In accordance with the NSW Government’s Floodplain Development Manual, Council has undertaken a Floodplain Risk Management Study and developed a Floodplain Risk Management Plan for the South Creek.  The purpose of this report is to advise the Council that the draft South Creek Floodplain Risk Management Study and Plan are complete and ready for public exhibition.

 

The report recommends that the exhibition draft of the South Creek Floodplain Risk Management Study and Plan be placed on exhibition for public comment.

Background

The NSW Government’s Flood Policy is directed at providing solutions to existing flooding problems in developed areas and ensuring that new developments are compatible with the relevant flood hazard and do not create flooding problems in other areas. Under the Policy the management of flood prone land remains the responsibility of Local Government. Policy and floodplain management practices are defined in the NSW Government’s Floodplain Development Manual, April 2005.  The policy sets out a staged process we must follow, which includes data collection, a flood study, a floodplain risk management study and plan, and implementation of the plan as shown in Figure 1 below.

Figure 1


 

 

 

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

 

Floodplain Risk Management Studies and Plans for various creek systems and the catchment areas within the Penrith Local Government Area (LGA) will be required to effectively manage Council’s floodplains.  In 2006 Council undertook an “Overland Flow Flood Overview Study” for the entire Penrith Local Government Area. This identified and mapped all major overland flow paths; to assess provisional flood hazard for properties at risk of flooding; to rank catchment areas in terms of severity of flooding; and to assist Council in prioritising catchment areas to undertake detailed flood studies and develop floodplain risk management plans.

 

The South Creek floodplain was identified as one of the priority floodplains requiring a detailed flood study and a floodplain risk management plan to effectively manage the flooding.

 

South Creek is a tributary of the Hawkesbury Nepean River that drains about 414 km2 of catchment area into the Hawkesbury River at Windsor.  It has many tributaries including Ropes Creek, Kemps Creek, Badgerys Creek, Cosgroves Creek, Blaxland Creek, Claremont Creek and Werrington Creek.  The catchment area comprises Local Government Areas (LGA) under the control of Penrith City Council, Blacktown City Council, Fairfield City and Liverpool City Council.

 

In 2014, Penrith City Council together with Blacktown City Council, Liverpool City Council, and Fairfield City Council prepared the Updated South Creek Flood Study.  The Flood Study covers the South Creek catchment extending from Bringelly Road to the south through to Blacktown Road - Richmond Road Bridge to the north.  On 24 November 2014 Penrith City Council adopted the Flood Study.

 

The next stage of the floodplain management process is to undertake a Floodplain Risk Management Study and to develop a Floodplain Risk Management Plan for the floodplain.  The Study Area is shown on Appendix 1.

 

The South Creek Floodplain Risk Management Study and Plan are jointly funded by the NSW Government and the Council under the NSW Government’s 2014/15 Floodplain Management Program.

 

The Floodplain Risk Management Study and Plan have been undertaken in accordance with the NSW Floodplain Development Manual and provides a comprehensive analysis of the existing and the future flood risks; investigation of possible flood risk management options to manage the flood risk; and recommendation of feasible flood risk management solutions. The study was overseen by a Technical Working Group (TWG) comprising representatives from Council, the Department of Planning, Industry and Environment (formally OEH), the NSW State Emergency Services and adjacent Councils.

 

On 2 September 2019, the public exhibition draft South Creek Floodplain Risk Management Study and Plan were presented to the Floodplain Risk Management Committee. The Committee endorsed that the draft reports for the purpose of the public exhibition.

 

Key recommendations of the Draft (for Public Exhibition) Plan include:

·    A review of development controls including a review of DCP;

·    Improvement to levee system and installation of a Flap Gate;

·    Channel improvement works to protect properties in Melbourne Street, Oxley Park;

·    Investigate and install stream gauge to improve flood warning; and

·    Upgrade to Local Flood Plan.

 

The public exhibition draft of the South Creek Floodplain Risk Management Study and Plan, August 2019 (provided to Councillors and made available to the public on Council’s website) are now complete and ready for public comment.

 

Public Exhibition

The exhibition process will include direct exhibition through the catchment and public notification of that exhibition period. It is proposed that the following will be undertaken as part of the public exhibition.

·      Advertisements will be placed in the local newspaper inviting residents, ratepayers and business owners to review the public exhibition Draft Reports and make submissions;

·      Letters to residents within the study area (the Probable Maximum Flood limit) informing them about the public exhibition and requesting them to review the public exhibition Draft Reports and make submissions;

·      Council’s website will be used to access the study documents and arrangements will be made for making submissions electronically;

·      Printed study documents will be placed as appropriate at Council offices, libraries and community centres for viewing by the public;

·      Community Information Sheets detailing the flood management process and the steps involved in developing a floodplain risk management plan will be prepared and distributed. This will also be made available through Council’s Website.

·      Two community drop in sessions will be arranged at suitable locations within the catchment so as the public could directly view the relevant documents and discuss as required.

It is proposed to commence the public exhibition in October / November 2019.

Risk Implications

Council is required to publicly exhibit the draft Floodplain Risk Management Study and Plan, and to seek comment before adopting the study and plan.  This is to meet the requirements detailed in the NSW Floodplain Development Manual, April 2005 and to meet the grant funding requirement. 

 

Conclusion

The public exhibition draft of the South Creek Floodplain Risk Management Study and Plan are now complete and ready for public comment. The next step is to publicly exhibit the draft reports and bring a subsequent report back to Council detailing the results of the exhibition.

 

 

RECOMMENDATION

That:

1.      The information contained in the report on South Creek Floodplain Risk Management Study and Plan be received.

2.      The public exhibition draft of the South Creek Floodplain Risk Management Study and Plan, August 2019 be endorsed for public exhibition for a period of no less than 28 days.

 

3.      A further report to be presented to Council on the results of the public exhibition of the public exhibition draft of the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan, August 2019 addressing any submissions received during the exhibition period.

 

 

ATTACHMENTS/APPENDICES

1.

South Creek Floodplain Risk Management Study and Plan - Study Area

1 Page

Appendix

  


Ordinary Meeting                                                                                                      23 September 2019

Appendix 1 - South Creek Floodplain Risk Management Study and Plan - Study Area

 

PDF Creator

 


 

 

Outcome 6 - We are healthy and share strong community spirit

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

9        Election of Deputy Mayor                                                                                                 61

 

10      Road Dedication - Allen Place Car Park                                                                          65

 

11      Councillor Update - Property Acquisition - 92 River Road, Emu Plains                          70

 

12      Diversification of Council's Property Portfolio - Acquisition - 6 Peachtree Road, Penrith (Lot 2526 DP 710266)                                                                                                             72

 

13      Diversification of Council's Property Portfolio - Acquisition - 117 Cox Avenue, Kingswood                                                                                                                                           74

 

14      Appointment of Directors to the Board of the Penrith Performing and Visual Arts Limited                                                                                                                                           76

 

15      Outcome of Legal Proceedings - B.J Eldridge & M.E Vincent trading as Crossbones Gallery v Penrith City Council                                                                                                       78

 

16      Tender RFT1819-24 Provision of Certain Legal Services                                               81

 

17      2019-20 Financial Assistance Grant                                                                                90

 

18      2018-19 Draft Financial Statements                                                                                94

 

19      Exhibition of Council's Community Engagement Strategy and

Community Participation Plan                                                                                        101

 

20      Council Ordinary Election 2020                                                                                     104

 

21      Summary of Investments and Banking for the period 1 August 2019 to 31 August 2019 108

 

 

 

 



Ordinary Meeting                                                                                        23 September 2019

 

 

 

9

Election of Deputy Mayor   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager  

 

Outcome

We have confidence in our Council

Strategy

Be open and fair in our decisions and our dealings with people

Service Activity

Manage Council’s meeting calendar, meeting process and business papers to ensure open and fair decision making

      

 

Executive Summary

The purpose of this report is to report to Council the procedure and method of the election of a Deputy Mayor by the Councillors.  The report recommends that Council consider the election of a Deputy Mayor for the 2019/2020 term and determine the method for the election.

 

Background

Section 231 of the Local Government Act 1993 (the Act) makes the following provision for the election of a Deputy Mayor:

(1)   The Councillors may elect a person from among their number to be the Deputy Mayor.

(2)   The person may be elected for the Mayoral term or a shorter term.

(3)   The Deputy Mayor may exercise any function of the Mayor at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the Office of Mayor.

(4)   The Councillors may elect a person from among their number to act as Deputy Mayor if the Deputy Mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no Deputy Mayor has been elected.

 

The election of a Deputy Mayor is not required by the Act but is for each Council to determine.

The balance of this report assumes the continuation of Council’s tradition and practice of electing a Deputy Mayor.

Nominations for Deputy Mayor

The Local Government (General) Regulation 2005 (the Regulation) provides for a Councillor to be nominated without notice for election as Deputy Mayor. However, the nomination must be in writing by two or more councillors, one of whom can be the nominee. The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

 

The nomination is to be delivered or sent to the Returning Officer (General Manager). The nomination form can be delivered or sent to the Returning Officer up until the time of the election being conducted.

 

Nomination forms will have been sent to all Councillors prior to this meeting. Nomination forms will also be available at the meeting if required.

The Returning Officer is to announce the names of the nominees at the Council meeting at which the election is to be held.

 

Term of Office of Deputy Mayor

Where a Council elects a Deputy Mayor, the term can be for the Mayoral term (two years) or a shorter term at the Council’s discretion. The Council in September 2018 resolved to appoint a Deputy Mayor for one year ending in September 2019, as such the term for the next Deputy Mayor would be for up until September 2020 when the next general council elections will be held.

Method of Voting

Council could resolve to use a different method of voting for the Deputy Mayor, however it has been Council’s practice to use the same method of voting as has previously been used , that being Open Voting. The details of all available methods of election are provided below:

Ballot

If only one Councillor is nominated for the Office of Deputy Mayor, that Councillor is elected. If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by open voting, ordinary ballot or preferential ballot. The election is to be held at the Council meeting at which the Council resolves on the method of voting.

 

In the Regulation the term “open voting” means voting by a show of hands or similar means, and “ballot” has its normal meaning of secret ballot.  In other words, the ordinary and preferential ballots are to be secret ballots.

 

Ordinary Ballot or Open Voting

If the election proceeds by ordinary ballot, the Returning Officer is to decide the manner in which votes are to be marked on the ballot-papers. The Formality of a ballot-paper under this Part is to be determined in accordance with clause 345 of the Regulation.

 

Count in the case of 2 candidates

 

1.    If there are only 2 candidates, the candidate with the higher number of votes is elected.

 

2.    If there are only 2 candidates and they are tied, the one elected is to be chosen by lot (more information is provided on this process later in the report).

 

Count in the case of there being 3 or more candidates

 

1.      If there are 3 or more candidates, the one with the lowest number of votes is to be excluded.

 

2.      If 3 or more candidates still remain, a further vote is to be taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.

 

3.      If, after that, 3 or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only 2 candidates remain.

 

4.      A further vote is to be taken of the 2 remaining candidates.

 

5.      The candidate with the higher number of votes is elected.

 

6.   If at any stage during a count under subclause (1) or (2), two or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

 

Preferential Ballot

1.      The ballot-papers are to contain the names of all the candidates. The Councillors are to mark their votes by placing the numbers “1”, “2” and so on against the various names so as to indicate the order of their preference for all the candidates.

 

2.      The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 of the Regulation.

 

3.      If a candidate has an absolute majority of first preference votes, that candidate is elected.

 

4.      If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot-papers.

 

5.      A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. At that stage the Councillor is elected as Mayor.

 

6.      An "absolute majority", in relation to votes, means a number which is more than one-half of the number of unexhausted formal ballot-papers.

 

Tied Candidates

 

1.      If, on any count of votes, there are 2 candidates in, or remaining in the election and the numbers of votes cast for the 2 candidates are equal - the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.

 

2.      If, on any count of votes, there are 3 or more candidates in, or remaining in, the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes - the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

 

Choosing by Lot

To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer.  The slips are folded by the Returning Officer so as to prevent the names being seen.  The slips are mixed and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.

 

Risk Implications

The election or otherwise of a deputy mayor does not pose any risk to Council.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Election of Deputy Mayor be received

2.    Council consider the Election of a Deputy Mayor for the term 2019/2020

3.    In the event of more than one Councillor being nominated, Council determine the method of election for the Office of Deputy Mayor

4.    In accordance with Section 231 (2) of the Local Government Act 1993, the term of Office of the Deputy Mayor be determined.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        23 September 2019

 

 

 

10

Road Dedication - Allen Place Car Park    

 

Compiled by:               Tara Braithwaite, Property Projects Officer

Authorised by:            Nathan Ritchie, Property Development Manager  

 

Outcome

We have confidence in our Council

Strategy

Manage our money and our assets to be sustainable now and into the future

Service Activity

Provide property services and manage community and commercial requests for the use of Council owned or controlled land

      

 

Executive Summary

This report seeks Council endorsement to finalise the road dedication process for land acquired for the Allen Place Carpark in 1961 & 1963.  To clarify land tenure and simplify the land assembly in the Central Park Village precinct and progress the City Park Project, a gazettal is required to formally dedicate the land as public road.

Background

As part of the land assembly process for the City Park project additional investigations were undertaken into the historical status of land within Allen Place car park. This land is identified in Appendix 1. The findings of these investigations have revealed that the majority of the land resumed for road widening for the Allen Place Carpark in 1961 and 1963 has not been formally dedicated as public road through publication of a gazettal notice in the Government Gazette. This land is identified in Appendix 2.

 

Investigations concluded that all the land within the Allen Place car park was either:

·    vested in Council as public road,

·    resumed by and vested in Council for the purpose of road widening or

·    formally dedicated to the public for road purposes.

 

To clarify and confirm the status of the land resumed for road widening purposes via the 1961 & 1963 resumption process, it is recommended that the subject land be formally dedicated as public road. In accordance with Section 10 of the Roads Act 1993, Council has the authority to dedicate as public road any land held by it, by publishing a notice of this intention in the Government Gazette, which is recommended.

 

Any future road realignments or closures that may be required to facilitate redevelopment in this precinct will be informed by master planning, extensive stakeholder engagement and will require further Council consideration and approval prior to implementation.

Risk Implications

This is a procedural matter to correct an anomaly in land tenure.  Accordingly the risk to Council is considered low. 

Conclusion

It is recommended that Council formally dedicate the subject land, identified in DP 217346 no 1-39 registered on 5 November 1963 and identified in DP 219948 no 1-8 registered on 16 December 1963, as public road, by publishing a notice in the Government Gazette in accordance with the requirements of Section 10 of the Roads Act 1993. On publication of the notice, the land will be dedicated as a public road.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Road Dedication - Allen Place Car Park  be received

2.    A notice be placed in the NSW Government Gazette in accordance with Section 10 of the Roads Act 1993 to dedicate land identified in DP217346 no 1-39 registered on 5 November 1963 and land identified in DP219948 no 1-8 registered on 16 December 1963 as public road.

 

 

ATTACHMENTS/APPENDICES

1.

Allen Place carpark Location Plan

1 Page

Appendix

2.

Land Identification plan

1 Page

Appendix

3.

Draft Gazettal Notice

1 Page

Appendix

  


Ordinary Meeting                                                                                                      23 September 2019

Appendix 1 - Allen Place carpark Location Plan

 

PDF Creator


Ordinary Meeting                                                                                                      23 September 2019

Appendix 2 - Land Identification plan

 

PDF Creator


Ordinary Meeting                                                                                                      23 September 2019

Appendix 3 - Draft Gazettal Notice

 

PDF Creator


Ordinary Meeting                                                                                        23 September 2019

 

 

 

11

Councillor Update - Property Acquisition - 92 River Road, Emu Plains   

 

Compiled by:               Amanda McMurtrie, Program Manager

Authorised by:            Nathan Ritchie, Property Development Manager  

 

Outcome

We have confidence in our Council

Strategy

Manage our money and our assets to be sustainable now and into the future

Service Activity

Realise the potential of land and property assets by focusing on operational and commercial sustainability of Council’s Property Portfolio

      

 

Executive Summary

This report outlines the unsuccessful acquisition of 92 River Road, Emu Plains.

Background

At its Ordinary Meeting of 22 July 2019 in Committee of the Whole, Council considered a confidential property matter concerning the potential acquisition of 92 River Road, Emu Plains (Proposed Lot 2 DP 504935).

Council resolved to purchase the subject property and that a further report be presented to Council detailing the outcome of any negotiations to ensure transparency of the proposed property transaction.

Current Situation

On 22 July 2019, Council supported a proposal from Property Development to acquire (the subject site) which adjoins Penrith Regional Gallery. The proposed acquisition sought to address the additional need for car parking in this locality and that there is strong strategic merit in acquiring the site for community benefit.

Noting the purchase price was supported by independent market valuation Council’s Property Development Department were unable to reach an agreement with the landowner and was unsuccessful in its attempt to acquire the property.

Risk Implications

Not applicable.

 

Conclusion

That Council note that the acquisition of (proposed Lot 2) 92 River Road, Emu Plains was not successful.

 

 

RECOMMENDATION

That the information contained in the report on Councillor Update - Property Acquisition - 92 River Road, Emu Plains be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        23 September 2019

 

 

 

12

Diversification of Council's Property Portfolio - Acquisition - 6 Peachtree Road, Penrith (Lot 2526 DP 710266)   

 

Compiled by:               Julie Connell, Program Manager

Authorised by:            Nathan Ritchie, Property Development Manager  

 

Outcome

We have confidence in our Council

Strategy

Manage our money and our assets to be sustainable now and into the future

Service Activity

Realise the potential of land and property assets by focusing on operational and commercial sustainability of Council’s Property Portfolio

 

Previous Items:           Property Matter - Ordinary Meeting - 22 Jul 2019    

 

Executive Summary

This report outlines the successful acquisition of 6 Peachtree Road, Penrith and further recommends classification of the land as operational in accordance with section 31 Local Government Act 1993.

Background

At its Ordinary Meeting of 22 July 2019 in Committee of the Whole, Council considered a confidential property matter concerning the potential purchase of 6 Peachtree Road, Penrith known as Lot 2526 DP710266 (subject property).

Council resolved to purchase the subject property and that a further report be presented to Council detailing the outcome of any negotiations to ensure transparency of the proposed property transaction.

Current Situation

On the 23 August 2019, Council’s Property Development Department successfully through negotiation acquired the property for a price of $5,300,000. Noting the purchase price was supported by independent market valuation.

The property acquisition has alignment to meet Council’s Community Plan objectives to achieve forecast financial returns, diversify and grow Council’s property portfolio. The asset is proposed for longer term retention and income generation. The site also affords future development potential in the industrial market.

The acquisition is considered a strategic fit with the objectives of the Property Development Strategy and Council’s Property Investment Portfolio. The portfolio is managed with the objective to maximise revenue and be an alternate income stream to reduce the City’s reliance on rate income which funds service delivery and infrastructure asset renewal. Property Development Reserve has funded the purchase, with the property to be leased to derive a commercial return.

Given the purpose of the acquisition, it was recommended the property be classified as operational in accordance with s31 of the Local Government Act 1993.

 

Risk Implications

The property is subject to long-term tenancy arrangements with the yield representing a good return on investment in the current market. It acts as suitable alternative compared to more traditional investment opportunities. Property Development considers the risk as low.

 

RECOMMENDATION

That:

1.     The information contained in the report on Diversification of Council's Property Portfolio - Acquisition - 6 Peachtree Road, Penrith (Lot 2526 DP 710266) be received.

2.     The property known as 6 Peachtree Road, Penrith (Lot 2526 DP710266) be classified as operational in accordance with section 31 Local Government Act 1993.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        23 September 2019

 

 

 

13

Diversification of Council's Property Portfolio - Acquisition - 117 Cox Avenue, Kingswood   

 

Compiled by:               Julie Connell, Program Manager

Authorised by:            Nathan Ritchie, Property Development Manager  

 

Outcome

We have confidence in our Council

Strategy

Manage our money and our assets to be sustainable now and into the future

Service Activity

Realise the potential of land and property assets by focusing on operational and commercial sustainability of Council’s Property Portfolio

 

Previous Items:           Commercial Matter - Diversification of Council's Property Investment Portfolio - Ordinary Meeting - 26 Aug 2019    

 

Executive Summary

This report outlines the successful acquisition of 117 Cox Avenue, Kingswood NSW 2747 known as Lot 1 DP38664 and further recommends classification of the land as operational in accordance with section 31 Local Government Act 1993.

Background

At its Ordinary Meeting of 26 August 2019 in Committee of the Whole, Council considered a commercial property matter concerning the potential purchase of 117 Cox Avenue, Kingswood known as Lot 1 DP38664 (subject property).

Council resolved to purchase the subject property and that a further report be presented to Council detailing the outcome of any negotiations to ensure transparency of the proposed property transaction.

Current Situation

On the 30 August 2019, Council’s Property Development Department successfully through negotiation acquired the property for a price of $945,000 (plus GST) subject to vacant possession. Noting the purchase price was supported by independent market valuation.

The property acquisition has alignment to meet Council’s Community Plan objectives to achieve forecast financial returns, diversify Council’s property portfolio and assist with growth. The asset is proposed for longer term retention and income generation. The site also affords future re-development potential given its adjacency to an existing Council land holding.  

The acquisition was considered a strategic fit with the objectives of the Property Development Strategy and Council’s Property Investment Portfolio. The portfolio is managed with the objective to maximise revenue and be an alternate income stream to reduce the City’s reliance on rate income which funds service delivery and infrastructure asset renewal. Property Development Reserve has funded the purchase, with the property to be leased to derive a commercial return.

Given the investment purpose of the acquisition, it was recommended the property be classified as operational in accordance with s31 of the Local Government Act 1993.

Risk Implications

Acquisition of the property is considered to represent a low risk to Council.

 

RECOMMENDATION

That:

1.     The information contained in the report on Diversification of Council's Property Portfolio - Acquisition - 117 Cox Avenue, Kingswood be received.

2.     The property known as 117 Cox Avenue Penrith (Lot 1 DP38664) be classified as operational in accordance with section 31 Local Government Act 1993.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        23 September 2019

 

 

 

14

Appointment of Directors to the Board of the Penrith Performing and Visual Arts Limited   

 

Compiled by:               Tracy Leahy, Acting Community and Cultural Development Manager

Authorised by:            Jeni Pollard, Place Manager  

 

Outcome

We have confidence in our Council

Strategy

Be open and fair in our decisions and our dealings with people

Service Activity

Promote ethical behaviour through awareness and advice and manage investigations of alleged corruption, maladministration or breaches of the Code of Conduct

      

 

Executive Summary

 

The Penrith Performing and Visual Arts Ltd (PP&VA) is a controlled entity of Council with the objectives and operation controlled by a Board of Directors in accordance with an endorsed constitution.

 

The constitution of the PP&VA requires that the six community representatives are endorsed by Council, with a requirement for half standing for renomination every second year.

 

A sub-committee of the PP&VA was formed for the purpose of reviewing nominations for the three positions due for election at the upcoming Annual General Meeting (AGM) in October 2019.

 

The sub-committee have recommended the endorsement of the following people as community representatives to the Board.

 

1.   The Hon. Peter Anderson AM

2.   Ms Cathy Jarman

3.   Ms Christine Keeble

 

Further to this, the sub-committee have requested that Mr Leo Bahlmann be endorsed by Council for appointment to the Board should a vacancy occur in the next two years.

 

Background

 

The PP&VA is a controlled entity of the Council. The objectives and operation of the PP&VA are controlled by a Board of Directors in accordance with the Constitution of the PP&VA.

 

The Board of the PP&VA consists of 10 Directors, four that are Council Directors including the General Manager or his/her nominee. The six remaining Directors are community representatives that are nominated for a four-year term with half coming up for renewal every second year. Clause 16.2 of the Constitution provides that Council shall have the discretion as to whom it appoints to the Board of Directors.

 

Current Situation

 

On 26 August 2019 a sub-committee of the Board of Directors including Mr John Mullane, the Mayor Councillor Ross Fowler OAM and Ms Sandy Davies considered nominations for the three community representative Director positions that will become vacant at the October 2019 Annual General Meeting (AGM).

 

The sub-committee considered the nominations and following this have asked to recommend the renomination of all three current Board members. These are:

1.   The Hon. Peter Anderson AM,

2.   Ms Cathy Jarman and

3.   Ms Christine Keeble.

 

All of these nominations demonstrated a breadth of relevant experience in their application to renominate for the Board.

 

The panel also recommended that should a casual vacancy occur, that Mr Leo Bahlmann’s nomination be supported given his current and ongoing involvement with the organisation.

 

Risk Implications

 

There are no risk implications associated with the endorsement of the sub-committees recommended nominations.

 

Conclusion

 

At the PP&VA October AGM 2019 three community representative Board directors’ current term will conclude and there is a requirement for the Board to recommend and for Council to appoint three community representatives Board directors for a four-year term.

 

At a PP&VA Board subcommittee meeting held on 26 August 2019 a decision was made to recommend the reappointment of the three renominating directors for a four-year term and recommended the appointment of one new director if a vacancy occurs during this term.

 

This report recommends that Council endorse the three nominations recommended by the Board as detailed in this report.

 

RECOMMENDATION

That:

1.     The information contained in the report on Appointment of Directors to the Board of the Penrith Performing and Visual Arts Limited (PP&VA) be received.

2.     The following members of the Board be appointed for a four-year term: Hon. Peter Anderson, AM, Christine Keeble, Cathy Jarman.

3.     Mr Leo Bahlmann’s nomination for appointment to the Board of the Penrith Performing and Visual Arts Limited be endorsed by Council should a casual vacancy occur during the four-year term.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting                                                                                        23 September 2019

 

 

 

15

Outcome of Legal Proceedings - B.J Eldridge & M.E Vincent trading as Crossbones Gallery v Penrith City Council    

 

Compiled by:               Andrew Avery, Legal Officer

Authorised by:            Matthew Bullivant, Legal Services Manager  

 

Outcome

We have confidence in our Council

Strategy

Be open and fair in our decisions and our dealings with people

Service Activity

Provide dispute resolution and litigation services to Council

      

 

Executive Summary

This report provides information on the outcome of a recent Class 1 appeal in the Land and Environment Court.

 

B.J Eldridge and M.E Vincent (the applicants) appealed Council’s decision to refuse to modify condition of consent which limited the tattoo studio use of their development at 18/49-51 York Road, Jamisontown.

 

The Land and Environment Court upheld council officer’s decision and dismissed the appeal in B.J Eldridge & M.E Vincent trading as Crossbones Gallery v Penrith City Council [2019] NSWLEC 1377. 

Background

The applicants operate the Crossbones Gallery at Unit 18/49-53 York Road, Jamisontown (the premises). The applicants describe the Crossbones Gallery as a specialised production facility for artists in Western Sydney. It is said to facilitate collaboration between artists and exhibit artworks relating to tattoo culture.

 

The land is zoned B5 Business Development. The art gallery and production component of the Crossbones Gallery is permitted with consent as a ‘light industry’ use. The tattoo studio component of the Crossbones Gallery is prohibited in the zone as a ‘business premises’.

 

On 10 February 2017, the Council granted consent to DA16/0495 for a light industry and ancillary tattoo studio (the consent).

 

In order to maintain the tattoo component of the development as ancillary to the light industry use, Council imposed a condition restricting operating hours, staff numbers, and customers. Condition 6 of the consent relevantly provides:

 

The approved operating hours for the light industry component are from 7am to 10pm Mondays to Sundays.

The approved operating hours for the ancillary tattooing component of the business are from 5pm to 10pm Mondays to Sundays.

There are to be a maximum of 2 staff onsite at any one time.

There is to be a maximum of 3 tattoo customers per day.

 

On 15 June 2017, the applicants lodged an application to modify the consent which, among other things, sought to delete condition 6 (DA16.0495.01).

 

On 28 December 2017, the Council approved the modification application in part but retained condition 6.

 

On 28 May 2018, the applicants filed a Class 1 Application in the Land and Environment Court of NSW seeking a merit review of Council’s decision to refuse to modify condition 6.

 

The Proceedings

 

The proceedings were listed for hearing before Commissioner Chilcott of the Land and Environment Court on 2 and 3 July 2019. The hearing began with a site view and then returned to the Court.

 

Council officers opposed deleting condition 6 from the consent for four reasons:

 

1.   Firstly, its deletion would authorise an independent, prohibited use because the tattooing component of the business would no longer be ancillary.

2.   Secondly, its deletion would result in the development not being ‘substantially the same’ as required by the Environmental Planning and Assessment Act 1979.

3.   Thirdly, its deletion would render the site as not suitable for the development. The site would need to rely on street car parking for the all day and evening operation of the tattoo component.

4.   Fourthly, its deletion is not of ‘minimal environment impact’ as required by the Environmental Planning and Assessment Act 1979. The reliance on street car parking would mean the environmental impact is no longer minimal.

 

The applicants directly opposed each of Council officer’s reasons. The applicant argued:

 

1.   Firstly, the deletion of the condition would not make the tattoo component of the business an independent use; it would remain ancillary.

2.   Secondly, as the tattoo component of the development is ancillary, the development would stay ‘substantially the same’.

3.   Thirdly, there is ample off-street and street car parking available in the vicinity of the site. Parking is available at the Jamisontown netball courts and on-site in the complex.

4.   Fourthly, due to the available car parking the development was of ‘minimal environmental impact’.

 

In its judgment, the Court deals with the first and second issues outlined above. The Court did not deal with the third and fourth issues above.

 

The Court upheld Council’s decision and dismissed the appeal. It found that the deletion of condition 6 from the consent would:

 

1.   Likely give rise to an independent and prohibited use (being the tattoo component); and

2.   Would not be substantially the same development as originally approved.

Risk Implications

Not applicable.

 


 

 

RECOMMENDATION

That the information contained in the report on Outcome of Legal Proceedings - B.J Eldridge & M.E Vincent trading as Crossbones Gallery v Penrith City Council be received

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        23 September 2019

 

 

 

16

Tender RFT1819-24 Provision of Certain Legal Services   

 

Compiled by:               Matthew Bullivant, Legal Services Manager

Authorised by:            Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Be open and fair in our decisions and our dealings with people

Service Activity

Provide advice to assist the organisation in meeting its lawful obligations

      

 

Executive Summary

Council advertised for tenders for the provision of Council’s external legal services in the Western Weekender and the Sydney Morning Herald, as well as the e-tendering website on 30 May 2019. The tender closed on 26 June 2019.

 

The tender advertisement indicated that up to 3 firms would be appointed to the Council’s external panel for a period of three (3) years, with an option by Council to extend for a further two (2) x one (1) year periods.

 

The incumbent firms are Dentons Lawyers, Sparke Helmore Lawyers and Adams and Partners (local firm). All relationship partners/staff from each firm were informed of the advertisement of the tender on the day that the advertisement was placed on the e-tendering website. Adams and Partners lodged an incomplete tender after the tender closing time.

 

Based on detailed evaluation, the firms that are recommended by the Tender Evaluation Panel (TEP) to be the most advantageous to Council are Dentons Lawyers, Sparke Helmore Lawyers and HWL Ebsworth Lawyers.

Background

Council last appointed Dentons Lawyers, Sparke Helmore Lawyers and Adams & Partners to its external legal panel.

 

It is important to outline the Council’s legal services function as a whole so that the composition of external legal services that Council requires can be placed into context.

 

Council has the benefit of an in-house legal team, consisting of the Chief Governance Officer, the Legal Services Manager, the Legal Counsel and Legal Officer. All but the Legal Officer are fully qualified Solicitors, and the Legal Officer will be admitted as a Solicitor at the end of 2019.

 

Council’s in-house legal team provides services across a broad range of practice areas including property development, property advice and statutory property matters, conveyancing, litigation, land and environment court work, prosecutions, contractual drafting and advice, legal education, investigative advice and ongoing general legal advice.

 

The breadth of areas of law includes: Local Government Law, Planning Law, Criminal Law, Environmental Law, Company Law, Property Law, Licencing, Commercial Litigation and advice, Tax Law, Family Law, Coronial Law, Industrial Law and others.

 

There are occasions where Council’s in-house legal team directly brief Barristers to appear on behalf of Council before Courts or Tribunals, or to provide further advice where necessary. This occurs where more specialised advice is required and where it is more cost effective to do so.

 

The Council’s in-house legal team therefore provides wide ranging legal services that represents a significant portion of the legal work This includes Council’s in-house solicitors appearing as advocates in the Land and Environment Court and Local Court. The legal needs of Council require firms that bring specialised expertise, and who can deliver a high standard of legal services across a wide range of matters, and importantly, firms that understand Council’s policy and strategic direction.

 

It is essential that Council’s external legal panel provide high end expert advice across a range of practice areas with exceptional levels of customer service.

 

Given the nature of Council’s external legal services, Council tends to retain much of the routine legal work in-house, and therefore the amount of work that is offered to Council’s external panel is not extensive, but what is offered, is generally unique or specialised work.

 

Council’s yearly expenditure on legal services reflects the composition of the legal services it requires and has traditionally been much lower than that of comparable size councils (and even that of many smaller councils). This is because of the reasons discussed above: i.e. that most of the work is carried out by Council’s in-house legal team and only the specialised work is referred to the external legal panel.

 

Tender Evaluation Panel

The Tender Evaluation Panel (TEP) consisted of Matthew Bullivant, Legal Services Manager, Peter Wood, Development Services Manager and Greg McCarthy, Environmental Health and Compliance 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.         Scoring of tenders against the assessment criteria including the weighting of the criteria;

3.         Determination of a short-list based on the best rankings from 1 and 2 above;

4.         Further evaluation, where appropriate, of the short-listed companies through Independent Referee Check.

Tender Evaluation Criteria

The tenders submitted were initially assessed in accordance with the evaluation criteria specified in the tender documents.  The selection criteria and weighting given to each of the criteria were as follows:

 

·          quality of service offered as assessed by reference to experience, success rates before the Court and references (25%);

·          an ability to provide a high standard of legal advice on a variety of matters (25%);

·          an understanding of Council policy and direction (10%);

·          an ability to work with the Council and Officers to achieve a desired outcome (15%);

·          an ability to provide prompt advice and to prioritise Council needs (10%);

·          Local Supplier policy (5%)

·          an ability to provide on-going legal guidance, advice and information on any changes which have the potential for impacting upon Local Government generally or the Council particularly (5%);

·          a commitment to Council’s strategic objectives (5%).

 

The panel considered the firms ability to provide cost-effective (price) provision of services after assessing the quality, standard and whether the firms were committed and understood Council’s strategy and policy direction.

 

Nature of Legal Services Required

 

The tender documents indicated that Council requires external Solicitors to work in the following areas:

 

1.   Local Government Law

2.   Environmental Planning and Assessment Law

3.   Local Government Prosecutions relating to a range of Acts

4.   Injunctions

5.   Licencing

6.   Compulsory Acquisitions

7.   Construction Law

8.   Industrial Law

9.   Property Law

10. Company Law

Tenders

Twenty nine (29) firms tendered for Council’s external legal services. The firms consisted of:

 

1.   AJ & Co Lawyers

2.   AMK Law

3.   Bartier Perry Pty Limited

4.   Benjamin Khoury Pty Limited

5.   Bilias & Associates

6.   Chalk and Behrendt Pty Ltd

7.   Clayton Utz

8.   Coutts Solicitors & Conveyancers

9.   Dentons Australia Pty Ltd

10. Eventus Lawyers Pty Ltd

11. Hall & Wilcox

12. Holding Redlich

13. Hones Lawyers

14. Hunt and Hunt NSW Pty Ltd

15. HWL Ebsworth

16. Jaku Legal

17. KPMG Australia

18. Lindsay Taylor Lawyers

19. Maddocks

20. Marsden Law Group

21. McCabe Curwood Pty Ltd

22. Pike & Verekers Lawyers

23. Planning Development Commercial Lawyers Pty Limited

24. Praxis Lawyers Pty Ltd

25. RMB Lawyers

26. Sparke Helmore

27. Terri Bell & Co Pty Limited

28. Wilshire Webb Staunton Beattie

29. Workdynamic Australia

 

The Request for Tender indicated that Council may appoint up to 3 firms to its external legal services panel. Given that Council’s internal capability is strong and effectively resourced to provide services for a large proportion of legal work it is considered that it would be most advantageous to Council to appoint 3 tenderers to the panel.

 

The appointment of 3 firms allows for more effective management and control of Council’s legal panel. As previously mentioned, Council’s legal costs have been effectively managed, particularly when compared with Councils of a similar size. For example, in 2018-19 financial year the net external cost of Council’s external legal services was $478,214. The gross expenditure was $815,846, and $337,632 was recovered by way of costs orders.

 

Summary of Tenders Received

 

All tenders were assessed against the evaluation criteria and based on their written submissions demonstrated that they met the specified requirements, although not all firms indicated that they would service the Council in all areas of law.

 

Following initial assessment of the 29 firms against the assessment criteria (outlined above), the table below identifies the top 7 firms that achieved the highest scores and that were shortlisted for further detailed assessment against the criteria.

 

Firm

Bartier Perry

Dentons Lawyers

Holding Redlich

HWL Ebsworth Lawyers

Maddocks

Pike Pike & Fenwick

Sparke Helmore

 

The TEP believed these 7 firms demonstrated that they are capable of offering a higher standard of legal services across all areas of law, at more competitive rates than those firm who did not make the shortlist.

 

An eighth firm (Clayton Utz) although competitive against the shortlisted firms in terms of quality, standard and breadth of expertise, did not demonstrate their service was cost effective, in that its rates were almost double that of the shortlisted firms. Further, that firm, when compared to the above 7 firms, did not demonstrate how it understood Council’s policies and direction, or that it shared a commitment to Council’s strategic objectives.

 

As to the reasons why the remaining firms were not shortlisted, they were:

 

·        The above shortlisted firms demonstrated high end expertise with reference to their success rates and experience when compared to those not shortlisted. As indicated above, the Council’s external solicitors are relied upon to provide advice on unique and highly specialised matters;

 

·        The shortlisted firms demonstrated specialised legal services across a wide range of practice areas.

 

·        The shortlisted firms generally demonstrated extensive experience and strength in local government and planning law;

 

·        The shortlisted firms were able to demonstrate higher levels of customer service compared to most of the firms that were not short listed, which went to the firms’ abilities to work with Council officers to achieve desired outcomes.

 

·        The shortlisted firms demonstrated that they had the capacity, level of infrastructure, and quality of service across all areas of law.

 

·        All other firms not shortlisted did not demonstrate how they understood Council’s policies and direction, nor did they demonstrate (compared to the shortlisted firms) that they share a commitment to Council’s strategic objectives.

 

Following the assessment of the tenders by the shortlisted firms were ranked in the following order:

 

·    Dentons Lawyers;

·    Sparke Helmore and HWL Ebsworth Lawyers (equally);

·    Pike Pike & Fenwick and Maddocks Lawyer (equally);

·    Bartier Perry;

·    Holding Redlich.

 

Of the shortlisted tenders, Dentons Lawyers, Sparke Helmore and HWL Ebsworth Lawyers demonstrated a greater understanding (and commitment) of Council policies, and strategic direction and are therefore recommended for appointment to the panel.

 

In relation to the recommended firms the following comments are made:

 

Dentons Lawyers

 

The tender demonstrates Dentons understanding and commitment to Council’s policy direction, culture and needs. This is supported by Dentons’ comprehensive coverage of Council’s strategic direction and service delivery areas.

 

Dentons’ submission directly outlines how its service is committed to helping Council achieve its strategic objectives in the Community Strategic Plan. Dentons is the biggest firm in the world, but in its submission Dentons states that it has a local team based in Sydney that has years of experience working with Penrith City Council. The firm is committed to providing a high-quality legal service at a fair cost. The firm’s tender claims that its focus is on efficiency and ensuring that all matters are resourced appropriately.

 

The firm’s tender refers to many of the matters where it has acted for Council which have supported the Council’s goals and strategic objectives. It is fully aware for example of the opportunities and pressures from the Western Sydney Airport on land use and infrastructure. The firm is also fully aware of issues relating to the proliferation of boarding houses in the Kingswood region.

 

The firm has provided advice and been involved in the drafting of the most complex Project Delivery Agreement with Frasers on the Council owned site at Union Road. Dentons continues to be involved in advice work in relation to that ongoing matter. Dentons understands Council’s property strategy, and strategies to create employment opportunities for the local community.

 

The firm provides an exceptional service across all areas of law. The firm offers a range of ‘value added’ services at no cost. These include access to the firms’ library via the firm’s librarian, ad hoc telephone advice, training and seminars for staff, newsletters and legal updates and mentoring and coaching.

 

Sparke Helmore Lawyers (Sparkes)

 

Sparkes was established in 1882. Sparkes consists of over 900 staff, working from 9 offices across Australia. The firm currently acts for 25 councils in New South Wales. The firm demonstrates specialised expertise in local government and planning law, in addition to the range of areas of the law required by Council.

 

The submission from Sparkes demonstrates that the firm has a proven track record of providing Council with quality service, an understanding of the Council’s policies and strategic direction and quality advice for exceptional value for money. The firm in its tender demonstrates the challenges faced by this Council in particular.

 

Sparkes offers a range of ‘value added’ services at no cost. These include access to the firms’ library, ad hoc telephone advice, training and seminars for staff, newsletters and legal updates and mentoring and coaching.

 

HWL Ebsworth Lawyers

 

The firm has origins dating back to 1890, and has offices in every State and Territory. It has 16 lawyers (5 of which are partners) in its Local Government team alone who will be responsible for Councils work. The tender guarantees that the firm will always have the required resources to perform the services for Council, and those services will be carried out by the most appropriate lawyer in terms of seniority. The firm has a quality assurance system in place for assuring Council that it will deliver paralleled service across all areas of law.

 

The firm has gone to great lengths to demonstrate that it is committed to and understand Council’s policy and direction. It has outlined its knowledge of the challenges and opportunities of the Western Sydney Airport, the North South rail link, and it has outlined how it can assist Council is achieving the objectives set out in the Community Strategic Plan.

 

The firm indicates that it has assisted other like Councils in Western Sydney to navigate the challenges and opportunities associated with growth, investment and development on its natural and cultural character. Other Council’s that the firm has or does provide advice to include Campbelltown, Liverpool, Blacktown and Parramatta. The firm provide legal services to over 20 metropolitan Councils.

 

The firm demonstrates its proven track record of providing Councils with high quality specialised advice across all areas of law. The firm offers a range of value add services at no-cost, and although the firm is based in Sydney, it will not charge for travel. The range of value add services includes seminars for staff, newsletters, no-charge telephone advice, and access to its library.

 

The firm has demonstrated its willingness in its tender to cater to Council’s induvial needs across all areas of law at an equally cost effective rate to that of Sparke Helmore Lawyers and Dentons Lawyers.

Cost effectiveness

The range of legal fees charged by the 29 firms is broken down by reference to the type of lawyer and corresponding hourly rates in the following table:

 

Fee Breakdown (type of lawyer)

Fee (dollars per hour excl GST)

Partner (or equivalent)

$250 - $896

Senior Associate/Associate

$220 - $711

Lawyer

$200 - $599

 

The range of legal fees charged by the 3 recommended firms is broken down by reference to the type of lawyer and corresponding hourly rates in the following table:

 

Fee Breakdown (type of lawyer)

Fee (dollars per hour excl GST)

Partner (or equivalent)

$415 - $495

Senior Associate/Associate

$400 - $450

Lawyer

$290 - $372

 

The legal fees charged by the firms do not necessarily provide a complete guide of legal advice provided. It is important to consider that Council has 3 employed Solicitors who provide a certain level of legal service. Usually, the matters that Council requires external advice on are matters that are highly specialised.

 

Further, consideration should be given to the fact that the work can be completed more efficiently with the greater expertise. With more resources available at the bigger firms, they are able to allocate work in a more efficient manner and thereby create more cost effective legal work, despite their rates being higher.

 

It has been the experience of the legal officers that even if the hourly rate of a particular solicitor is higher, that the overall bill may be less if that Solicitor is more efficient with providing the solution or undertaking the work.

 

Comments

 

The 7 firms all demonstrate that they meet the assessment criteria contained in the Request for Tender.

 

The submissions from Dentons Lawyers, Sparke Helmore and HWL Ebsworth Lawyers all demonstrate proven track records, quality of advice (the former 2 firms directly relating to Penrith Council), an understanding of Council’s policy and direction, value for money and offer a range of specialised legal advice in all areas of law required by Council.

 

The relationship partner put forward by Sparke Helmore, Chris Drury has provided Council with strategic advice and direction in litigation and advice work which has proven to be invaluable in the past.  It is considered that the tender by Sparke Helmore provides Council with superior customer service and represents very good value for money.

 

Chris Drury and his associated partners have demonstrated their value to Council over a long period of time. His expertise in local government and planning matters is of the highest quality and is always reliable.

 

Similarly, the relationship partner put forward by Dentons Lawyers, Jodie Wauchope demonstrates that the firm is able to provide superior expert advice, customer service and value for money across all of the firm’s departments.

 

Dentons Lawyers has also demonstrated its value to Council. Dentons provides high end expertise across a wide range of practice areas, which is considered necessary to meet the demands of Council. The firms’ advice is considered reliable and of an extremely high standard.

 

The relationship partner is Jane Hewitt who has 31 years specialist experience in local government and planning law. She is supported by Special Counsel, Danielle LeBreton, who was educated in Penrith and has a strong connection with the LGA. They will ensure the same level of quality of service is provided across the firm. The tender submission demonstrates how the firm will provide value for money equal to Dentons Lawyers and Sparke Helmore lawyers, via its competitive rates, high quality service across all areas of law and its commitment to Council’s policy and direction.

 

The TEP’s view is that the level of expertise, customer service and importantly, practical legal advice provided by these three firms goes beyond that of the other competing firms.

 

It is therefore recommended that Dentons Lawyers, Sparke Helmore Lawyers and HWL Ebsworth Lawyers be appointed to Council’s external legal panel for the next 3 years, with an option by Council to extend for a further two (2) x one (1) year periods.

 

Risk Implications

 

The tendering of Council’s external legal services ensures that where those services are required, that Council is obtaining those services from firms that are most advantageous to Council.

 

In terms of the tender process, all risks were managed in accordance with the council’s strict procurement framework.

 

Tender Advisory Group Comments

 

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Stephen Britten – Chief Governance Officer, Glenn McCarthy - Governance Manager, Neil Farquharson – Financial Services Manager and Bill Stanley – Procurement and Contract Management Specialist were briefed on the background and the process followed to establish a panel to provide legal services.

 

The TAG considered the recommendations in relation to the tender, noting that the three firms recommended to be included on the panel are considered to be the most capable of providing the services required and offer the most advantageous proposals to Council.

 

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.


 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender RFT1819-24 Provision of Certain Legal Services be received.

2.     Dentons Lawyers, Sparke Helmore Lawyers and HWL Ebsworth Lawyers be appointed to Council’s external legal panel for 3 years, with an option for Council to extend for a further two (2) x one (1) year periods.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        23 September 2019

 

 

 

17

2019-20 Financial Assistance Grant   

 

Compiled by:               Ben Collins, Finance Business Partner 

Authorised by:            Neil Farquharson, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

Manage our money and our assets to be sustainable now and into the future

Service Activity

Support financial sustainability through financial planning and budget management

      

 

Executive Summary

This report provides the Council with an update regarding the 2019-20 Financial Assistance Grant (FAG) from the Federal Government. The report recommends that the information be received, and the Budget be adjusted to reflect the revised Financial Assistance Grant as part of the September 2019 Quarterly Review.

 

Council estimated a 2019-20 Financial Assistance Grant of $11,196,440 based on a 2% increase on the prior year Actual Financial Assistance Grant allocation. Advice has now been received confirming Council’s 2019-20 Financial Assistance Grant to be a total of $10.91m.  The Financial Assistance Grant consists of two components, a General component ($8.44m) and a Roads component ($2.47m).

 

This year’s grant is $292,473 below the estimate for the General component, and $3,995 above the estimate for the Roads component compared to what was included in the 2019-20 Budget. This change in the General component represents a decrease of $123,772 (1.44%) on last year’s actual allocation and a decrease of $71216 (0.65%) overall on the combined FAG for 2018-19.

 

It is proposed that these changes will be incorporated into the September 2019 Quarterly Review to be reported to Council on 25 November 2019 and that this will include adjusting the Roads budget to match the actual FAG Roads component received, as has been Council’s practice in the past.

Background

A significant part of Council’s annual revenue ($10.91m, (4%) in 2019-20) is derived from the Financial Assistance Grant. Local Government Financial Assistance grants are General Purpose grants that are paid to local councils under the provisions of the Commonwealth Local Government (Financial Assistance) Act 1995. The grant consists of two components; a General component and a Roads component.

 

The allocation of the total National FAG figure to each State is determined by its projected share of the population for the General component, and a fixed allocation for the Roads component (29% allocated to NSW). The allocation within each State is then calculated utilising numerous social and economic factors to assess relative need in the local area compared to other areas of the State. In addition to this, each year an adjustment is required for the previous year’s grants that takes into account variations in the actual CPI and population shares compared to the estimates used to determine that year’s grants.

 

 

The calculation of the grant is an extremely complex exercise and Council has no control over many of the factors.

Current Situation

In the initial stages of preparing the 2018-19 Original Budget, a 2% increase on the 2018-19 actual grant received (excluding adjustments) was factored in for both the General component and the Roads component providing a total Original Budget of $11,196,440.

 

As part of a Federal Budget Initiative, an estimate of the first two quarterly payments to councils were brought forward and paid in June 2019.

 

Advice has now been received confirming Council’s 2019-20 Financial Assistance Grant entitlement. The Financial Assistance Grant (FAG) allocated this year is $288,478 less than budgeted, comprised of $292,473 less than estimated during the budget process for the General component and $3,995 more than estimated during the budget process for the Roads component.

 

Financial Assistance Grant 2015-16 to 2019-20 by component

 

 2015-16

 2016-17

 2017-18

 2018-19

 2019-20 Actual

 2019-20 Budget

Total Financial Assistance Grant

  10,867,181

  10,422,533

  10,870,772

  10,979,178

  10,907,962

  11,196,440

General Purpose Component

    8,609,738

    8,171,284

    8,543,844

    8,566,634

    8,442,862

    8,735,335

Roads Component

    2,257,443

    2,251,249

    2,326,928

    2,412,544

    2,465,100

    2,461,105

 

 

 

 

 

 

 

% Increase / Decrease on prior year

 

 

 2015-16

 2016-17

 2017-18

 2018-19

 2019-20

 

Total Financial Assistance Grant

-3.38%

-4.09%

4.30%

1.00%

-0.65%

 

General Purpose Component

-4.50%

-5.09%

4.56%

0.27%

-1.44%

 

Roads Component

1.15%

-0.27%

3.36%

3.68%

2.18%

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Financial Assistance Grant 2015-16 to 2019-20 by component

 

 

The above table demonstrates the variability of Council’s allocation each year with the average change for the FAG being a 0.6% decrease over the last five years. It is proposed that the Budget be adjusted as part of the September 2019 Quarterly Review to reflect the recent advice on Financial Assistance Grant allocation.

 

Future Considerations

 

The NSW Local Government Grants commission has been working over a number of years to refine and improve it’s calculations consistent with National principles and NSW policy to allocate grants, as far as possible, to councils with the greatest relative disadvantage; for example, those with small and declining populations, limited revenue raising capacity, and relative isolation.

 

Model refinements remain in a transition stage with upper & lower variation limits for the general purpose component currently set at +5% & 0% respectively. The commission has indicated that it is looking to restore previous variation limits which would see the lower limit move to -5%. (It should be noted that the reduction to councils general purpose component is attributable to CPI and population adjustments for the prior year’s grant rather than a contravention of variation limits)

 

For illustrative purposes, the Commission has scenario tested the results for each council, using the 2018-19 General Purpose component had the -5% floor been implemented. The Commission has advised that, based on this scenario, Council’s grant would have reduced by 5%.

 

The NSW Local Government Grants commission considers special submissions from councils in relation to the next years grants. The purpose of these submissions is to demonstrate the financial impact of inherent expenditure disabilities that are not recognised in the current methodology, these must relate to operational costs only and be completely beyond the control of council. Council officers have previously reviewed the calculations provided and identified no areas where the factors contained within the formula were not fairly represented for Penrith. In addition, any variation to the existing factors could potentially have an adverse effect on Council’s grant.

Risk Implications

Apart from the unfavourable financial variation to the grant, there are no other direct risk implications. The Commission has however advised councils to use caution when budgeting for the following year’s grant, especially in light of transitional arrangements and bearing in mind that fresh data used to calculate the grant each year are likely to change individual grant outcomes. Should previous variation limits be restored council could experience reductions of up to 5% to its General Purpose grant.

Conclusion

Council’s 2019-20 Financial Assistance Grant will be $10.91m and is $288,478 below the estimate included in the 2019-20 Budget. It is proposed that the Budget be adjusted to reflect this as part of the September 2019 Quarterly Review.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2019-20 Financial Assistance Grant be received.

2.     The Budget be adjusted to reflect the revised Financial Assistance Grant as part of the September 2019 Quarterly Review.

 

 

ATTACHMENTS/APPENDICES

1.

Financial Assistance Grant Information

16 Pages

Attachments Included

  


Ordinary Meeting                                                                                        23 September 2019

 

 

 

18

2018-19 Draft Financial Statements   

 

Compiled by:               Cheryl Freeburn, Operational Finance Coordinator

Authorised by:            Neil Farquharson, Financial Services Manager

Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

Manage our money and our assets to be sustainable now and into the future

Service Activity

Provide accurate information to Council and the community on council’s financial activities

      

 

Executive Summary

The draft 2018-19 Financial Statements for Council have been completed and will be presented at this Ordinary Meeting by Council’s external auditor. The Financial Statements are prepared by Council staff, using the accrual method of accounting and comply with Australian Accounting Standards and the New South Wales Local Government Code of Accounting Practice and Financial Reporting.

This report covers:

·    Addressing of the meeting by Council’s Auditor;

·    Legislative requirements;

·    Background to the Financial Policies;

·    Budget Performance; and

·    Summary of Financial Results.

Addressing of the Meeting by Council’s Auditor

Ms Karen Taylor, Director of Financial Audit Services for the Audit Office NSW, will be addressing the meeting. This is the third year that the Audit Office NSW has been Council’s auditor. Ms Taylor will outline the audit process and provide Council an opportunity to ask questions of the External Auditor.

Legislative Requirements

The Local Government Act requires the following steps:

 

1.   Council officers prepare the Financial Statements;

2.   Council issues a statement that the accounts are in order;

3.   Council refers the Financial Statements to its auditors for checking;

4.   The Auditor returns the Financial Statements with an audit opinion attached;

5.   The Financial Statements are placed on public display and the community may make submissions; and

6.   The Financial Statements are formally presented during a Council Ordinary Meeting.

 

Council officers have completed Step 1 by preparing the Statements and this report recommends completion of Steps 2, 3, 4 and 5 at tonight’s meeting. The auditors have received an advance copy of the Financial Statements and have now completed several weeks of their audit program. It is considered appropriate that Council issue the required statement for the 2018-19 accounts.

 

Current Situation

The Financial Statements have been prepared by Council officers, using the accrual method of accounting and comply with Australian Accounting Standards and the New South Wales Local Government Code of Accounting Practice and Financial Reporting. The Financial Statements are required to be audited by an independent auditor, and lodged with the Office of Local Government (OLG) before 31 October each year.

 

Council’s auditors commenced their audit on the 5th August 2019, with Council officers continuing to assist with the audit process. A draft copy of the Financial Statements was presented to a meeting of Council’s Audit Risk and Improvement Committee (ARIC) on 4 September 2019. At that meeting, it was resolved that:

 

“1.   The information contained in the report on the Draft 2018-19 Financial Statements be received; and

2.   Subject to the finalisation of any issues arising from the External Audit and the suggested amendments, the Audit Risk and Improvement Committee refers the 2018-19 Financial Statements to Council for signing.”

All Controlled Entity consolidations and final audit adjustments, including the actions from ARIC, have now been processed and are included in the Financial Statements. The Draft Financial Statements are attached to this report, and a hard copy can be provided upon request.

Summary of Financial Results

The following figures provide a summary of the key results for 2018-19. A final copy of the Annual Financial Statements can be provided, once they have been adopted by the Council. Council’s financial performance is aligned with its continued focus on long-term financial sustainability.

 

 

(All figures are in $’000 unless otherwise stated)

Item

2018-19

2017-18

Revenue (incl. Capital Income)

294,926

273,547

Operating Expenditure

233,460

206,069

Net Operating Result (Surplus/(Deficit))

61,466

67,478

Net Operating Result (excl. Capital Inc.)

11,804

23,754

Capital Grants and Contributions

49,662

43,724

Total Assets

2,164,312

2,103,229

Total Equity

2,057,722

1,996,327

Total Borrowings (excl. bank overdraft)

44,418

50,315

Cash and Investments

169,319

154,979

 

Key Indicators/Ratios

 

 

Unrestricted Current (benchmark >1.5x)

3.07x

3.01x

Rates Outstanding (benchmark <5%)

3.37%

2.92%

Debt Service Cover (benchmark >2x)

3.30x

3.38x

 

Council’s financial position as at 30 June 2019 reflects a solid performance by Council during the 2018-19 financial year. Council finished the year with a favourable Net Operating Result before Capital Income of $11.8m.

 

Unrestricted Current Assets exceed Current Liabilities with a ratio of 3.07 times. This is better than the Office of Local Government’s benchmark of 1.5 times. This ratio is constrained each year by Council’s practice of forward funding s7.11 works in advance of Contributions by borrowings against internal Reserves. For the year ended 30 June 2019, these borrowings amounted to $6.91m. Once this indicator has been adjusted for Internal Loans for Section 7.11 funding against Reserves, the adjusted Unrestricted Current Ratio increases to 3.76 times which is again better than benchmark.

 

The Rates Outstanding Ratio is an indicator that highlights the effectiveness of Council’s credit management practices. The ratio is 3.37% for the year ended 2018-19 versus 2.92% in 2017-18. Council continues to achieve a ratio better than the below 5.0% benchmark. 

 

Council’s outstanding loan liability has decreased to $44.4m ($50.3m in 2017-18). The Code of Accounting Practice and Financial Reporting Update 22 for 2013-14 amended the indicators used in measuring debt servicing and introduced the Debt Service Cover Ratio. This ratio aims to measure the availability of operating cash to service debt (including interest, principal, and lease payments). The benchmark is greater than 2. For 2017-18, Council’s indicator was 3.30 (3.38 in 2017-18). Council’s weighted interest rate on borrowings has decreased to 3.40% at 30 June 2019 (3.82% in 2017-18) due to the lower costs of capital achieved from the refinancing of loans ($3.6m from the 2018-19 Borrowing Program). Council’s revised Borrowing Strategy has also contributed by reducing the annual Infrastructure Borrowing Program to be nil in 2018-19. This was achieved two years earlier than originally planned (2020-21). Council continues to use Borrowings to fund an accelerated Infrastructure Program, however Council’s level of debt is continually monitored to ensure it is sustainable without compromising service levels.

 

Council’s Investment policies and strategies have been effective in producing solid returns on ratepayers’ funds. Council’s average return on investments for 2018-19 is 2.67% (2017-18 – 2.53%), which has outperformed Council’s benchmark (90 day BBSW) of 1.85%.

Key Financial Indicators/Ratios

Code Update 22 for 2013-14 included updated indicators which have again been included in the attached 2018-19 Draft Financial Statements.

 

·    Operating Performance – measures Council’s achievement of containing Operating Expenditure within Operating Revenue. Capital Grants and Contributions, Fair Value adjustments and reversal of Revaluation decrements are excluded. The benchmark is greater than 0%. In 2018-19, Council’s indicator was 5.81% (7.13% in 2017-18) which is better than the Benchmark.

·    Own Source Operating Revenue – is the degree of reliance on external funding sources such as Operating Grants and Contributions which can be an unreliable form of income. The benchmark is greater than 60% - a higher percentage means Council receives more of its revenue from Rates, Fees and Charges, and is less reliant on Grants and Contributions. In 2018-19, Council’s indicator was 70.76% (74.12% in 2017-18) which is better than the Benchmark.

·    Debt Service Cover – measures the availability of Operating Cash to service our debt including interest, principal and lease payments. The Benchmark for this indicator is greater than 2. For 2018-19, Council’s indicator was 3.30 (3.38 in 2017-18) which is better than Benchmark.

·    Cash Expense Cover – indicates the number of months a council can continue paying for its immediate expenses without additional cash inflow. The Benchmark is greater than 3 months. Council’s indicator for 2018-19 was 8.32 months (7.58 months in 2017-18) which is better than Benchmark and prior year.

2018-19 Budget Performance

Council’s June 2019 Quarter and 2018-19 Year End Review was reported to the Ordinary Meeting of Council on 26 August 2019. The Budget result for 2018-19, after allowing for Reserve allocations, including the allocation of a small surplus ($258,185), is the achievement of a Balanced Budget position. Over the course of 2018-19, favourable budget variations have enabled Council to make provision for contingencies, with allocations of $1.9m being made to various reserves.

The June 2019 Review of the 2018-19 Operational Plan is available on Council’s website, and a hardcopy version is available to the public upon request.

Key factors in the production of this year’s Financial Statements are discussed below.

Fair Value

Council concluded its move to Fair Value in the 2010-11 Financial Statements with the revaluation of Community Land. The OLG issued Circular (12-09) and confirmed the revaluation cycle of IPP&E to a maximum 5-year cycle (unless Council assesses there has been material changes to the valuations beforehand). The dates for the next round of valuations are listed in the table below:

 

Asset Class

Due

Roads, Bridges, Footpaths, Drainage

30 June 2020

Property, Plant and Equipment; Operational Land; Buildings

30 June 2023

 

Council’s Infrastructure Assets

During 2014-15 JRA was commissioned to provide a report to Council on its Infrastructure Assets. JRA provided their “Infrastructure Assessment Report” in June 2015. This report found that Council’s Infrastructure Backlog presents a manageable financial risk, with the Infrastructure Sustainability targets under Fit for the Future being achievable in 5 years with a budget allocation of $75m of the forecasted $130m in asset growth directed to asset renewal over the next 10 years. Under this scenario, priority is allocated to maintenance, then high risk renewal to optimise service and life cycle costs – as the amount of deferred renewal decreases, the amount of maintenance also reduces. This scenario and impacts are reviewed on an annual basis.

 

Under this approach, the backlog calculated is aligned with community expectations for affordable levels of service and remove upgrade / expansion amounts. Special Schedule - “Report on Infrastructure Assets” - in the Financial Statements has retained this methodology for 30 June 2019. The estimated cost to Bring to Satisfactory Standard stands at $21.1m as at 30 June 2019.

 

There are several indicators/ratios that are also shown in Special Schedule - Report on Infrastructure Assets :

 

Infrastructure Renewals Ratio – used to assess the rate at which infrastructure assets are being renewed against the rate at which they are depreciating. Council’s indicator in 2018-19 was 71.69% (48.39% in 2017-18). The Benchmark is greater than 100%. Achieving the 100% Benchmark is the long-term target for Council and includes significantly increased funds from 2019-20.

Infrastructure Backlog Ratio – shows what proportion the backlog is against the total value of Council’s infrastructure. Council’s indicator in 2018-19 was 1.67 % (1.13% in 2017-18). The Benchmark is less than 2% and Councils actual result is better than the benchmark.

Asset Maintenance Ratio – compares the actual versus required annual asset maintenance. A benchmark ratio of above 1.0 indicates that the Council is investing enough funds within the year to stop the infrastructure backlog from growing. Council’s indicator for 2018-19 was 0.98, slightly below the Benchmark (0.99 in 2017-18) and therefore this ratio is one which requires ongoing focus from the Council.

Crown Land

Under Section 53 of the Local Government Act 1993, Crown reserves under Council’s care and control are to be recognised as assets of the Council. While ownership of the reserves remains with the Crown, Council retains operational control of the reserves and is responsible for their maintenance and use in accordance with the specific purposes to which the reserves are dedicated as per the Crown Land Management Act 2016.

In 2017-18, it was brought to Council’s attention by the Audit Office of NSW that the land values for the Crown Reserves were materially understated (as is the case with many NSW councils). Therefore during the preparation of the 2018-19 financial statements, Council has taken proactive measures to recognise all additions to the Crown Land on the assets register. In 2018-19, $2.317m worth of Crown Land were recognised based on the Valuer Generals valuations. This addition has contributed in bringing the total net carrying amount of Community Land to $210.0m (2017-18 204.18m).

Investment Properties

Council initially booked its Investment Properties in the 2004-05 Financial Year. At this point Council’s Investment Property portfolio was valued at $9.0m. These properties are assessed and valued in line with market conditions, using a registered Valuer each year. Any gains or losses are booked to the Income Statement.

 

For 2018-19, Council has reassessed the investment property listing in accordance with AASB 140 Investment Property. The assessment resulted in properties worth $3.675m not meeting investment property criteria anymore and therefore were transferred to Operational Land. Council engaged IPV Valuers to conduct a full revaluation of its Investment Properties that resulted in a $1.54m decrease to this asset class, with total Investment Properties currently standing at $24.15m.

Changes to Note Numbers and Titles

There have been several changes to note numbers and titles in Code Update 27. These changes are reflected in Councils’ 2018-19 Financial Statements.

New Accounting Standards

The AASB issued three new Accounting Standards that will come into effect in the near future that may have an impact on Councils Financial Statements. The Accounting Standards and their effective date for Council are as follows:

·    AASB 9    – Financial Instruments – 1 July 2018

·    AASB 15 – Revenue from Contracts with Customers – 1 July 2019

·    AASB 16 – Leases – 1 July 2019

 

The purpose of these new Accounting Standards is to align the AASB Standards with International Financial Reporting Standards (IFRS). Compliance with the above three new standards results in compliance with IFRS.

 

Reference to these new standards and Councils accounting policy are made in Note 1,6 and 7 of Council’s Financial Statements for 2018-19. Council staff are currently implementing systems and processes to capture the required data and have worked on opening balance adjustments for the 2019-20 Financial Year.

 

Council has prepared presented the also communicated the impact of the new Accounting Standards to the Audit, Risk and Improvement Committee at the September 2019 Meeting.

Risk Implications

The Financial Statements are prepared by Council staff, using the accrual method of accounting and comply with Australian Accounting Standards and the New South Wales Local Government Code of Accounting Practice and Financial Reporting. Internal controls are established and maintained to ensure that they are reliable, have recorded all material transactions, appropriate accounting policies have been applied, the risk of fraud and errors have been minimised.

Conclusion

The 2018-19 Annual Financial Statements have been completed. Council’s Financial Position as at 30 June 2019 reflects the strong performance of Council during the year. All significant Financial Performance Measures are in line with expectations and Council’s short-term Financial Position remains sound. After allowing for $49.7m of Capital Grants and Contributions, Council finished the year with a surplus from ordinary activities of $61.5m and $11.8m excluding Capital Grants and Contributions.  It is proposed the Public Exhibition period will commence on Thursday 26 September 2019, with written submissions to be received within 7 days in accordance with Section 420 of the Local Government Act 1993.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2018-19 Draft Financial Statements be received.

2.     Pursuant to s413(2)(c) it is the Council's opinion that:

a.   The Financial Statements and schedules have been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting, the Local Government Australian Infrastructure Management Guidelines, and Australian Accounting Standards. The Statements comply with Australian Statements of Accounting Concepts.

b.   The Financial Statements present fairly the Council's financial position as at 30 June 2019 and the operating result for the year then ended.

c.   The statements are in accord with Council's accounting and other records.

3.    Pursuant to the Local Government Code of Accounting Practice and Financial Reporting and Section 215 of the Local Government (General) Regulation 2005 it is the Council's opinion that:

a.   The accompanying Special Purpose Financial Report has been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting and the requirements of National Competition Policy. The Code requires the inclusion of various charges and subsidies which are not actually paid or payable.

b.   The Special Purpose Financial Report is a special purpose report and is not required to comply with Australian Accounting Standards. The above legislative requirements differ from Australian Accounting Standards and hence the report does not comply with Australian Accounting Standards.

c.   The Special Purpose Financial Statements present a modelled scenario for comparative purposes. They do not report an actual result.

4.     The Statements be forwarded to Council's Auditors.

5.     The Financial Statements be placed on public exhibition.

6.     A further report be presented to Council following the public exhibition period.

 

 

ATTACHMENTS/APPENDICES

1.

Draft Annual Financial Statements 2018-19

120 Pages

Attachments Included

  


Ordinary Meeting                                                                                        23 September 2019

 

 

 

19

Exhibition of Council's Community Engagement Strategy and
Community Participation Plan   

 

Compiled by:               Snezana  Gorgieva, Corporate Planner

Allegra Zakis, Corporate Planning Coordinator

Breannan Dent, Planner

Authorised by:            Jacklin Abdel Messih, Business Transformation Manager  

 

Outcome

We have confidence in our Council

Strategy

Keep our community informed about what Council is doing  and how they can have their say in decisions that affect them

Service Activity

Ensure our corporate planning documents reflect how council will respond to community needs within organisational capacity

      

 

Executive Summary

A draft Community Engagement Strategy, incorporating the Community Participation Plan provided in Attachment 1, has been prepared. It is proposed to exhibit this document for 5 weeks from 24 September to 4 November 2019, to meet the legislative requirements for both Integrated Planning and Reporting and the Environmental Planning and Assessment Act.

The draft Community Engagement Strategy sets out how Council will engage with the community to inform the development of the next Community Plan, and how the community can be involved in planning decisions. The Community Participation Plan must be adopted by 1 December 2019.

Background

Council is entering the next phase of the Integrated Planning and Reporting (IPR) cycle, which starts with a program of community engagement to inform the next Community Plan and Delivery Program. The draft Community Engagement Strategy sets out how we will undertake that engagement and must be exhibited and adopted to comply with the requirements of IPR.

Council is also required to prepare a Community Participation Plan (CPP) to outline how the community can participate in planning decisions. Council can choose whether to prepare its CPP as a standalone document or include the requirements in its broader Community Engagement Strategy. Given that the Community Engagement Strategy is also due to be reviewed under IPR it makes sense to prepare one document which meets the requirements of both IPR and the Environmental Planning and Assessment Act.

The draft Community Engagement Strategy being presented tonight meets the requirements of both Acts.

Current Situation

The Department of Planning has set a deadline of 1 December 2019 for all planning authorities, including councils, to have the final version of their Community Participation Plan in place. Although the requirements of IPR are less specific, as the Community Engagement Strategy includes the Community Participation Plan it will need to be adopted by Council before 1 December this year.

The Acts also require the document to be exhibited for a minimum of 28 days. Given the scope of the engagement and the importance of the community understanding how to be involved, it is proposed to exhibit the draft Community Engagement Strategy for 5 weeks, from 24 September to 4 November 2019. The Strategy will be uploaded to the Your Say page for comment and a range of activities will be undertaken to encourage community input including flyers, boosted social media posts, telephone surveys with local service providers, online and printed community surveys / submissions, newspaper advertisement, refreshed community newsletter to residents, email signature and website banners.

The Community Participation Plan will set out how the community can participate in planning decisions. The Act sets out principles for community participation which are summarised below:

·    The community has a right to be informed about planning matters that affect it, in a way that is appropriate for the significance and likely impact of the proposal

·    Participation should be inclusive, with information provided in plain language, easily accessible and in a form that facilitates community participation

·    Councils should actively encourage effective and ongoing partnerships to provide meaningful opportunities for participation and seek views that are representative of the community

·    The community should be given opportunities to participate in strategic planning or be notified of a proposed major development with enough time for their views to be genuinely considered

·    Decisions should be made in a transparent way, and the reasons provided for those decisions should include how community views have been taken into account.

The Notification and Advertising section (Appendix F4) of Penrith Development Control Plan (DCP) 2014 currently sets controls for the notification and exhibition of applications for development consent.

Parts of Appendix F4 will be included in the CPP after exhibition to outline Council’s requirements for specific development types. After the CPP is adopted, a report will be brought to Council seeking to revoke Appendix F4 of DCP 2014, which is provided as Attachment 2.

The Community Engagement Strategy will also set out how we will involve the community in the development of the Community Plan and 2021-25 Delivery Program. We will use feedback on the draft Strategy to develop the specific engagement activities to be undertaken from January 2020 to ensure we explore the issues that matter to our community. Previous engagement activities, including the Community Satisfaction Survey, have told us that managing the impacts of population growth continue to be important to our community, with key issues including traffic congestion, parking, urban sprawl, ensuring infrastructure caters to population growth and environmental protection. The engagement process to be undertaken next year will give the community more opportunities to explain why these issues are of concern and what expectations they have of Council to address them.

The results of the engagement process will be presented to the new Council following the election in September 2020. It is anticipated that a revised Resourcing Strategy, including an updated workforce plan, asset management strategy and long-term financial plan will also be prepared in the coming months. This will give the new Council a clear picture of community expectations and the resources available to respond to them as they prepared the 2021-25 Delivery Program.

Risk Implications

Council is legislatively required to exhibit the Community Participation Plan for 28 days. If the Community Participation Plan is not exhibited, Council will not meet legislative requirements, and will not meet the 1 December 2019 deadline for submission of an adopted plan to the Department of Planning, Infrastructure and Environment’s Planning Portal. Without a comprehensive, publicly exhibited Community Engagement Strategy to implement outcomes from the Community Plan, Council runs the risk of not meeting legislative requirements for Integrated Planning and Reporting. These risks will be minimised by publicly exhibiting and subsequently adopting the Community Engagement Strategy and Community Participation Plan.

Conclusion

Preparation of the Community Engagement Strategy is a key part of meeting Council’s obligations under the Environmental Planning and Assessment Act and the first step in the new Integrated Planning and Reporting cycle. Exhibition of the draft Strategy is critical to both meet the requirements of the Acts and ensure the engagement activities proposed will give our community the opportunity to be involved in decisions that affect them.

The results of the draft Community Engagement Strategy (including the draft Community Participation Plan) will be reported to Council at the Ordinary Meeting of 25 November 2019

 

RECOMMENDATION

That:

1.     The information contained in the report on Exhibition of Council's Community Engagement Strategy and
Community Participation Plan be received

2.     In accordance with the Local Government Act 1993 and Environmental Planning and Assessment Act 1979, the draft Community Engagement Strategy including the Community Participation Plan be placed on exhibition commencing from Tuesday 24 September and closing on Monday 4 November 2019 (inclusive).

3.     The General Manger be granted delegation to update and finalise the Community Engagement Strategy and Community Participation Plan before the document is publicly exhibited.

 

 

ATTACHMENTS/APPENDICES

1.

Draft Community Engagement Strategy & Community Participation Plan

22 Pages

Attachments Included

2.

Penrith Development Control Plan 2014 -  Attachment F4: Notification and Advertising

11Pages

Attachments Included

  


Ordinary Meeting                                                                                        23 September 2019

 

 

 

20

Council Ordinary Election 2020   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager  

 

Outcome

We have confidence in our Council

Strategy

Be open and fair in our decisions and our dealings with people

Service Activity

Promote ethical behaviour through awareness and advice and manage investigations of alleged corruption, maladministration or breaches of the Code of Conduct

      

 

Executive Summary

Under s296AA of the Local Government Act 1993, Councils must resolve as to how they wish to administer the next ordinary election. In so doing, Councils must resolve to either enter into an arrangement with the Electoral Commissioner (NSWEC) for the Electoral Commissioner to administer the election or that the election be administered by an electoral services provider engaged by the Council. If a resolution is not passed by 1 October 2019 Council will need to make arrangements to administer the election by engaging the services of another provider.

 

Legislative Background

Councils are obliged to resolve the administration of their elections under s296AA(1) of the Local Government Act 1993. Recent amendments to the Act have extended the time for councils to make a decision on the administration of their elections to allow for the current IPART review in addition to now limiting councils to either engaging NSWEC or engaging another provider. The option for the General Manager to directly run an election without the assistance of a contractor has been removed.

Should Council wish to engage NSWEC to conduct our local government elections, a resolution will need to be passed by 1 October 2019 and the deadline for appointment will be 1 January 2020. If a council does not pass a resolution by this date and come to an agreement, the Council will be responsible for engaging an electoral services provider to conduct the election.

Council needs to determine whether to

1.   engage the Commission to conduct our election, or

2.   engage an external contractor

 

Previous Elections

Council resolved for the 2012, 2016 and 2018 (By-Election) local government elections, to engage the services of the Australian Election Company (AEC) to conduct the Council’s elections. The AEC has successfully undertaken this assignment professionally with no significant issues being raised by candidates or staff over this time.

The AEC has previously offered Council the option of either partially outsourcing electoral services to them or conducting the whole election. Council has accepted this hybrid model of electoral services, whereby Council staff have undertaken several administrative matters, such as advertising and the provision of an office for the Returning Officer, due to the cost savings that could be achieved through current local supplier relationships.

 

AEC was found in these elections to be responsive and utilised Council’s local area knowledge, which had been especially useful when the decision-making regarding the placement of Polling Places occurred.

 

It was observed that the performance of AEC compared to NSWEC, produced comparable results in relation to the timing of the declaration of the poll.

 

By engaging the AEC it is estimated that Council has saved approximately $100,00-150,000 compared to what it may have cost by utilising NSWEC at each election.

 

Current Position

IPART have recently undertaken a review into elections cost. The review has been comprehensive and complex and Council staff have attended forums and made several submissions. The review has investigated a variety of matters including how fees are calculated and how competition might be created for electoral services.

The draft report is now with the State Government and at a high level recommends councils paying a larger share of on costs, while also recommended NSWEC unbundle their services, much like the AEC which allows councils to conduct some elements of the election.

Ultimately, while the recommendations of the report encourage competition which may bring costs down in the future, the immediate effect, if adopted, would be that councils pay a larger share of on costs resulting in significant cost increases for those councils engaging NSWEC.

When exploring the market for previous elections, and as alluded to in IPART’s review, there is currently limited current competition, with the AEC being the only known alternative to NSWEC. Accordingly, Council staff wrote to both NSWEC and the AEC requesting an estimate of the costs to conduct the Council’s election in 2020.The AEC have responded to Council and provided an indicative quote which showed similar savings could be achieved as have been in previous elections.

Unfortunately, due to the IPART review into election costs, NSWEC has not been able to provide Council with an indicative quote and has been reluctant to do so in the past.

The Minister for Local Government, the Hon. Shelley Hancock MP issued a response to the IPART review on Wednesday 18 September 2019. In this response the Minister has indicated that the Government will fund the core costs in relation to the administration of elections run by NSWEC. This decision means that the indicative average weighted cost per elections would be around $8.21.

While the decision by the Government is welcome and reduces the weighted average cost per elector from $12.72, based on indicative figures from Council’s previous electoral services provider, should they be engaged it would be expected that Council could achieve an indicative average cost of $6.8 per elector.

There are two options available to the Council in respect of the elections being held in 2020, detailed as follows:

 

 

 

1.   Engage NSWEC

 

This option would effectively outsource the running of the election and would ensure that there is a clear separation of the duties and responsibilities of the Council and the conduct of the election by NSWEC.

Experience with NSWEC has demonstrated that there was a higher cost to Council, in utilising their services as well as there being limited or no option to partially outsource some elements of the election.

Previously the Commission has advised Council that they are unable to provide an opportunity to outsource some functions or tasks.

2.   Engage an external Contractor

 

Prior to the local government election in 2016, the Council called a tender for the conduct of our election. Council received only 1 compliant tender, that being from the AEC, a Queensland-based company. The Council resolved to engage the AEC to conduct the election in 2016, and the By-Election in 2018, which was run successfully.

From a Council staff perspective, the election process undertaken by the AEC was run professionally. It is considered that the process was assisted as the AEC secured an experienced Returning Officer to conduct the Council’s election, both in 2016 and 2018. The AEC has indicated that they will again offer Council the option to partially outsource some of the functions of the election to achieve further savings.

Given that the estimated cost to conduct the election will be over the current tender limit of $250,000, the Council may be required to go to tender or an expression of interest to engage a contractor. However, Council staff are confident that we will receive a response from the AEC to any expression of interest and that they can perform all electoral services in the event that no other responses are received.

Should Council, as recommended, agree to engage an electoral services provider, a further report will be brought to Council detailing the engagement of any chosen provider.

Risk Implications

The running of a council election is a complex and significant task. There are inherent risks associated with Council engaging an electoral services provider as opposed to NSWEC. However, these risks are mitigated through the engagement of a suitably experienced and qualified electoral services provider which Council has been successful in working with at previous elections in addition to Council staff who now have significant experience in overseeing the process.

Conclusion

The next Council election will be held on 12 September 2020. If the Council are of the view to engage the NSWEC to conduct their election in 2020, the Council must pass a resolution at this meetin. If a resolution is not passed by this time, the Council will need to engage the services of another provider.

Based on experience it is considered that there are other electoral service providers who can also provide effective and efficient services to Council.  Council has previously demonstrated this and conducted successful elections 2012, 2016 and 2018 while being able to achieve significant savings.

 

RECOMMENDATION

That:

1.     The information contained in the report on Council Ordinary Election 2020 be received.

2.     The elections of the Council be administered by an electoral services provider engaged by Council in September 2020.

3.     A further report be presented to Council detailing the engagement of an electoral services provider once identified.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        23 September 2019

 

 

 

21

Summary of Investments and Banking for the period 1 August 2019 to 31 August 2019   

 

Compiled by:               Cheryl Freeburn, Operational Finance Coordinator

Authorised by:            Neil Farquharson, Financial Services Manager

Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

Manage our money and our assets to be sustainable now and into the future

Service Activity

Provide accurate information to Council and the community on council’s financial activities

      

 

Executive Summary

This report on the Summary of Investments & Banking for August 2019 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (Section 625) and the Council’s Investment Policy.

 

The report certifies that the Council investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under Council Circular 11-01 on 17 February 2011.

 

The report provides a summary of investments for the period 1 August 2019 to 31 August 2019 and a reconciliation of invested funds as at 31 August 2019.

 

The investment returns versus the benchmark as a percentage for August 2019 are:

 

·    Council portfolio current yield (including FRNs)       2.00%

·    90 day Bank Bill Swap rate (Benchmark)                 0.98%

 

 

The report recommends that the information contained in the report be received.

Current Situation

Attached to this report is a Summary of Investments including Economic Commentary for August 2019, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for August 2019 and various Investment Summary and Investment Portfolio analysis tables and charts.

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

I hereby certify the following:

 

1.   All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.

 

2.   Council’s Cash Book and Bank Statements have been reconciled as at 31 August 2019.

 

                                             

Andrew Moore

Responsible Accounting Officer

Risk Implications

Councils investments have been placed in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Councils adopted investment policy. Councils investment policy has objectives to preserve capital, ensure liquidity of funds to meet cash flow requirements and achieve an acceptable rate of return having reference to Council’s risk tolerance.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investments and Banking for the period 1 August 2019 to 31 August 2019 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 August 2019 to 31 August 2019 be noted and accepted.

3.     The graphical investment analysis as at 31 August 2019 be noted.

 

 

ATTACHMENTS/APPENDICES

1.

Summary of Banking and Investments for August 2019

6 Pages

Appendix

  


Ordinary Meeting                                                                                                      23 September 2019

Appendix 1 - Summary of Banking and Investments for August 2019

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday September 23 2019

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Divestment of Property Assets - Lot 18 DP 1220719 Penrith                             2

 

3        Council Property - Lease Agreement - Shop 6/140-142 Henry Street, Penrith (Allen Arcade)                                                                                                                                             2

 

4        Council Property - Lease Agreement - Shops 8 & 10/140-142 Henry Street Penrith (Allen Arcade) and Shop 2/144 Henry Street, Penrith                                                                 2

 

5        Council Property - Licence Agreement - Suite 102/114-116 Henry Street Penrith (Community Connections) to AFFORD                                                                             2

 

6        Council Property - Lease Agreement - Shop 2, 114-116 Henry Street Penrith (Community Connections Building)                                                                                                        3

 

 

 

 

 

 

 


Ordinary Meeting                                                                                        23 September 2019

A Leading City

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)          the discussion of any of the matters listed below; or

(b)          the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

(b)          the personal hardship of any resident or ratepayers;

(c)           information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)          commercial information of a confidential nature that would, if disclosed:

·         prejudice the commercial position of the person who supplied it; or

 

·         confer a commercial advantage on a competitor of the Council; or

 

·         reveal a trade secret.

 

(e)          information that would, if disclosed, prejudice the maintenance of the law;

(f)            matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)          the relevant provision of section 10A(2);

(b)          the matter that is to be discussed during the closed part of the meeting;

(c)           the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

·         a motion, based on the recommendation below, is moved and seconded

·         the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

·         if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

·         if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

Outcome 7

 

2        Divestment of Property Assets - Lot 18 DP 1220719 Penrith 

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

 

3        Council Property - Lease Agreement - Shop 6/140-142 Henry Street, Penrith (Allen Arcade)

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

4        Council Property - Lease Agreement - Shops 8 & 10/140-142 Henry Street Penrith (Allen Arcade) and Shop 2/144 Henry Street, Penrith

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

5        Council Property - Licence Agreement - Suite 102/114-116 Henry Street Penrith (Community Connections) to AFFORD

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

6        Council Property - Lease Agreement - Shop 2, 114-116 Henry Street Penrith (Community Connections Building)

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 23 September 2019

Report Title:            2019-20 Financial Assistance Grant

Attachments:           Financial Assistance Grant Information



Ordinary Meeting                                                                                                      23 September 2019

Attachment 1 - Financial Assistance Grant Information

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 23 September 2019

Report Title:            2018-19 Draft Financial Statements

Attachments:           Draft Annual Financial Statements 2018-19



Ordinary Meeting                                                                                                      23 September 2019

Attachment 1 - Draft Annual Financial Statements 2018-19

 

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