Council_Mark_POS_RGB

18 March 2020

 

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 March 2020 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 - 24 February 2020.

 

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 - 12 February 2020.

Heritage Advisory Committee - 19 February 2020.

Local Traffic Committee Meeting - 2 March 2020.

 

10.         DELIVERY PROGRAM REPORTS

 

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

12.         URGENT BUSINESS

 

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 23 March 2020

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

WEBCASTING NOTICE

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 



 

 

 

 

 

 

WEBCASTING NOTICE

 

Please note that tonight’s meeting other than the

confidential sessions are being recorded and will be

placed on Council’s website. All in attendance should

refrain from making defamatory statements. Council

takes all care when maintaining privacy, however

members of the public gallery and those addressing

Council should be aware that you may be recorded.

 


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_RGB2020 MEETING CALENDAR

January 2020 - December 2020

(adopted by Council - 25 November 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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

24@

23

27v

25#

22*

27

24@

  28^ü

26

23#+

14

Policy Review Committee

7.00pm

 

10

 

20

 

15

 

10

 

 

9

7

 

 

 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 2019- 2020 Annual Statements are presented

 

Meeting at which any comments on the 2019-2020 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 24 FEBRUARY 2020 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.

WEBCASTING STATEMENT

His Worship the Mayor, Councillor Ross Fowler OAM read a statement advising that Council Meetings are recorded and webcast.

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Kath Presdee for the period 23 February 2020 to 1 March 2020 inclusive.

Leave of Absence was previously granted to Councillor Mark Davies for the period 10 February 2020 to 3 March 2020 inclusive. 

APOLOGIES

1  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Marcus Cornish that the apology received from Councillor Jim Aitken OAM be accepted.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 16 December 2019

2  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Brian Cartwright that the minutes of the Ordinary Meeting of 16 December 2019 be confirmed.

  

DECLARATIONS OF INTEREST

Councillor Bernard Bratusa declared a Non-Pecuniary Interest in Item 11 – RFT 19/20-02 Jamison Park Synthetic Turf Playing Fields, as he works for the Office of the Minister of Sport.

 

SUSPENSION OF STANDING ORDERS

3  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Greg Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:09pm.

 

Mr Paul Dukes

 

Item 1 – Endorsement of Penrith’s Local Strategic Planning Statement for Assurance purposes

 

Mr Dukes, a real estate agent representing seven of his clients spoke for the recommendation. Mr Dukes expressed his support in relation to the possible subdivision of Mulgoa Valley, covering approximately 168 hectares along Littlefields, Kingshill, Tilba and Vineyard Roads.

 

 

Mr Mario Pace

 

Item 1 – Endorsement of Penrith’s Local Strategic Planning Statement for Assurance purposes

 

Mr Pace, an affected citizen spoke against the recommendation. Mr Pace represented the community of Berkshire Park and Llandilo and requested for the urban development of these areas to be included in Penrith’s Local Strategic Planning Statement.  Mr Pace argued the importance of the urban development of Berkshire Park and Llandilo due to the surrounding urban developments and infrastructure in the areas of Marsden Park, Jordan Springs, Cranebrook, Windsor Downs, Bligh Park and Shanes Park. Mr Pace expressed his concerns regarding the limitations and restrictions that Council has placed on their land, and their inability to participate in profitable commercial farming.

 

Procedural Motion

4  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Brian Cartwright that an extension of time be granted to enable the speaker to complete his address, the time being 7:19pm.

 

Mr Pace indicated that the residents of Berkshire Park and Llandilo do not want their properties to remain as a farmland RU4 classification. Mr Pace also requested that Richmond Road be upgraded between Marsden Park and Berkshire Park to relieve traffic congestion caused by surrounding developments. Mr Pace highlighted that the cost of land, Council rates and water are too high. Mr Pace also stated that traffic lights are required on the intersection of Richmond Road and Llandilo Road.

 

Mr Ray Owston

 

Item 1 – Endorsement of Penrith’s Local Strategic Planning Statement for Assurance purposes

 

Mr Ray Owston, an affected citizen spoke against the recommendation. Mr Owston requested for the urban development, subdivision and sale of Berkshire Park and Llandilo. Mr Owston stated that surrounding Local Government Areas have promoted the sub-division of former rural areas, and Penrith City Council are failing to do so. Mr Owston expressed his concerns regarding the high cost of Council rates for residents in Berkshire Park and Llandilo and the lack of return in regards to facilities and amenities provided to them by Council. Mr Owston also highlighted the reasoning behind minimal farming in these areas is due to small acreage, and high costs associated with soil and logistical improvements.

 

Mr Marko Yelavich

 

Item 1 – Endorsement of Penrith’s Local Strategic Planning Statement for Assurance purposes

 

Mr Marko Yelavich, an affected citizen spoke against the recommendation. Mr Yelavich indicated that Council have too many restrictions on properties located in Berkshire Park and Llandilo, including types of farming, development applications, truck parking and tree clearing. Mr Yelavich also highlighted that properties are too small in the area for viable primary production. Mr Yelavich argued that Council rates for these areas are too high for the services that resident’s aren’t receiving, such as no curb and gutter, minimal public transport, sewage and no gas. Mr Yelavich also proposed the residential development of Llandilo and Berkshire Park.

 

RESUMPTION OF STANDING ORDERS

5  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that Standing Orders be resumed, the time being 7:32pm.

  

Mayoral Minutes

 

1        Passing of Clinton Jessop-Smith AFSM                                                  

6  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM7 that the Mayoral Minute on Passing of Clinton Jessop-Smith AFSM be received.

 

2        Passing of Al Palmer                                                                                  

7  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia Hitchen that the Mayoral Minute on Passing of Al Palmer be received.

 

3        Passing of Greg Hinvest                                                                            

8  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa that the Mayoral Minute on Passing of Greg Hinvest be received.

 

4        Acknowledgment of Bushfire Crisis                                                         

9  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM that the Mayoral Minute on Acknowledgment of Bushfire Crisis be received.  

 

Councillor Todd Carney left the meeting, the time being 7:51pm.

Councillor Todd Carney returned to the meeting, the time being 7:52pm.

 

 

5        Retirement of Lorraine Stacker                                                                 

10  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia Hitchen that the Mayoral Minute on Retirement of Lorraine Stacker be received.

 

6        Recognition of Australia Day Honours Recipients and Award Winners                                                                                                        

11  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM that the Mayoral Minute on Recognition of Australia Day Honours Recipients and Award Winners be received.

 

Questions on Notice

 

1        Education of Council Staff                                                                         

What have we done to educate our staff on the recognising and reporting of apple of sodden?

 

Note: A response to the Question was included in the Business Paper

 

 

2        Webcasting                                                                                                    

What is webcasting

How is it accessed

What has been done to inform our residents and when will it happen

 

Note: A response to the Question was included in the Business Paper

 

Reports of Committees

 

1        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 4 December 2019                                      

12  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 4 December, 2019 be adopted.

 

 

2        Report and Recommendations of the Access Committee Meeting held on 11 December 2019                                                                        

13  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Robin Cook that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 11 December, 2019 be adopted.

 

 

3        Reports and Recommendations of the Local Traffic Committee Meeting held on 3 February 2020                                                              

14  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 February, 2020 be adopted.

 

4        Report and Recommendations of the Policy Review Committee Meeting held on 10 February 2020                                                            

15  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Brian Cartwright that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 10 February, 2020 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Endorsement of Penrith's Local Strategic Planning Statement for Assurance purposes                                                                                  

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

That:

1.     The information contained in the report on Endorsement of Penrith's Local Strategic Planning Statement for Assurance purposes be received.

2.     Council note the feedback received as part of the exhibition of the Local Strategic Planning Statement provided in Attachments 1 – 4.

3.     Council endorse the amended Local Strategic Planning Statement provided in Attachment 5.

4.     Council submit the amended Local Strategic Planning Statement as provided in Attachment 5 to the Greater Sydney Commission for Assurance purposes.

5.     Council receive a further report following the outcome of the Assurance Process, to endorse a final Local Strategic Planning Statement.

6.    Council receive a further report regarding the Llandilo, Londonderry and Berkshire Park future land uses and logic behind the planning decisions from Council or the Greater Sydney Commission.

Councillor Kevin Crameri OAM left the meeting, the time being 8:35pm.

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

For

Against

 

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown OAM

                                                        

Councillor John Thain  

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

 

2        State Environmental Planning Policy (Western Sydney Employment Area) draft Mamre Road Precinct Amendment                                       

17  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on State Environmental Planning Policy (Western Sydney Employment Area) draft Mamre Road Precinct Amendment be received

2.     Council endorse the submission (Attachment 2) to be forwarded to the Department of Planning, Industry & Environment for their consideration.

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

For

Against

 

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown OAM

                                                        

Councillor John Thain  

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

3        Western Sydney Aerotropolis Planning Package                                   

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

That:

1.     The information contained in the report on Western Sydney Aerotropolis Planning Package be received.

2.     Council endorse the submission (Attachment 3) to be forwarded to the Western Sydney Planning Partnership for consideration.

3.    Council explore Luddenham Village in the context of its ability to support the existing and emerging land uses, while maintaining its Village character.

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

For

Against

 

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown OAM

                                                        

Councillor John Thain  

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

Outcome 3 - We can get around the City

 

4        2019-20 Local Government Road Safety Behavioural Program - Project Funding                                                                                           

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

That:

1.     The information contained in the report on 2019-20 Local Government Road Safety Behavioural Program - Project Funding be received

2.     Council accept the grant offered by Transport for NSW under its Local Government Road Safety Behavioural Program, totalling $13,500, as outlined in the report.

3.     Council write to Transport for NSW and Local State Members thanking them for their continued support for road safety initiatives within the Penrith Local Government Area.

 

5        Works on Private Land, Lot 1021 DP 603554 – 22 Harris Street, Jamisontown                                                                                               

20  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on Works on Private Land, Lot 1021 DP 603554 – 22 Harris Street, Jamisontown be received

2.     Council resolve to fund the removal of the redundant stormwater drainage infrastructure contained within private land as detailed in the report.

3.     The property owner be advised of the resolution.

 

Outcome 4 - We have safe, vibrant places

 

6        Naming of a Playground in Recognition of David Currie                       

21  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Karen McKeown OAM

That:

1.     The information contained in the report on Naming of a Playground in Recognition of David Currie be received

2.     Council endorse the naming of the playground at Banks Drive, St Clair in recognition of Mr David Currie.

3.     An official naming ceremony be held at the playground following endorsement of the name and a sandstone memorial and plaque be erected adjacent to the playground within the reserve, detailing the accomplishments of Mr David Currie.

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:45pm.

 

7        Naming of a Playground in Recognition of Paul McDonald                  

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

That:

1.     The information contained in the report on Naming of a Playground in Recognition of Paul McDonald be received.

2.     Council endorse the naming of the playground at Bennett Park, Stapleton Parade, St Marys in recognition of Mr Paul McDonald.

3.     An official naming ceremony be held at the playground following the endorsement of the name and a sandstone memorial and plaque be erected adjacent to the existing playground within the reserve, detailing the accomplishments of Mr Paul McDonald.

 

8        RFT19/20-30 Refurbishment of Mulgoa Hall                                            

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

That:

1.     The information contained in the report on RFT19/20-30 Refurbishment of Mulgoa Hall be received

2.     Rogers Construction Group Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the refurbishment works to Mulgoa Hall for the amount of $325,799.38 excluding GST, subject to an acceptable financial report.

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

 

 

9        RFT 19/20-31  Neighbourhood Centre Refurbishments                         

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

That:

1.      The information contained in the report on RFT19/20-31  Neighbourhood Centre Refurbishments  be accepted

2.      Coverit Building Group Pty Ltd be awarded the Contract  subject to the execution of a formal agreement for the refurbishment works to Werrington Downs and Colyton NHCs for the amount of $782,650.00 excluding GST.

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

 

 

10      RFT19/20-32 - Construction of Rance Oval Stage 2 Amenities             

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

That:

1.     The information contained in the report on RFT19/20-32 - Construction of Rance Oval Stage 2 Amenities be received

2.     The proposal and lump sum price from Phillip McNamara T/A Cranebrook Constructions, for the amount of $442,984.00 (excluding GST) be accepted for Construction of Rance Oval Stage 2 Amenities, Werrington, subject to an acceptable financial report.

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

 

Outcome 6 - We are healthy and share strong community spirit

 

11      RFT19/20-02 Jamison Park Synthetic Turf Playing Fields                     

26  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen

That:

1.     The information contained in the report on RFT19/20-02 Jamison Park Synthetic Turf Playing Fields be received

2.     The proposal and lump sum price from Tuff Group Holdings Pty Ltd for the amount of $3,488,870 (excluding GST) be accepted for the design and construction of Jamison Park Multisport Synthetic Field subject to the return of an acceptable financial report.

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

 

12      RFT19/20-25- Mulgoa Rise Amenity Extension                                       

27  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen

That:

1.     The information contained in the report on RFT19/20-25- Mulgoa Rise Amenity Extension be received

2.     The proposal and Lump sum price from Coverit Building Group Pty Ltd of $326,616.00 excluding GST be accepted for the Construction of Mulgoa Rise Amenity Extension, Mulgoa.

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

 

 

Councillor Greg Davies left the meeting, the time being 8:53pm.

 

 

 

13      RFT 19/20-29 - The Kingsway Sporting Fields Lighting Upgrade         

28  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on RFT 19/20-29 - The Kingsway Sporting Fields Lighting Upgrade  be received

2.     The tender from JRW Trading Pty Ltd t/as Jaydub Electrical Services, for the amount of $474,906.29 (excluding GST) and tender option one $139,455.70 (excluding GST), for a total of $614,361.99 (excluding GST), be accepted for the Lighting upgrade for all the fields and all associated works.

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

 

14      RFT19/20-33 - Leonay Sports Field Lighting                                           

29  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on RFT19/20-33 - Leonay Sports Field Lighting be received

2.     The proposal and lump sum price from JRW Trading Pty Ltd t/as Jaydub Electrical Services of  $430,453.21 excluding GST be accepted for supply, installation, testing and commissioning of Sports Field Lighting and supply upgrade at Leonay Oval.

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

 

 

15      Naming of a Reserve in Recognition of Teresa James                          

30  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Robin Cook

That:

1.     The information contained in the report on Naming of a Reserve in Recognition of Teresa James be received.

2.     Council endorse the naming of the reserve adjacent to Fowler Street and Blackwood Street, Claremont Meadows as Teresa James Reserve and make application to the Geographical Names Board for the official gazetting.

3.     Following gazettal, a sign denoting the reserve name be installed and an official naming ceremony be held.

 


 

 

16      Inquiry into the NSW Protocol for Homeless People in Public Places

31  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen

That:

1.   The information contained in the report on Inquiry into the NSW Protocol for Homeless People in Public Places be received.

 

2.   Council endorse the submission to NSW Legislative Assembly Committee on Community Services Inquiry into the NSW Protocol for Homeless People in Public Places.

 

Outcome 7 - We have confidence in our Council

 

17      Organisational Performance and Financial Review - December 2019 

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

That:

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

2.     The Organisational Performance and Financial Review - December 2019 as at 31 December 2019, including the revised estimates outlined in this report and detailed in the Organisational Report - December 2019, be adopted.      

 

Councillor Greg Davies returned to the meeting, the time being 8:56pm.      

 

18      2020 Australian Local Government Association (ALGA) Annual General Assembly                                                                                      

33  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on 2020 Australian Local Government Association (ALGA) Annual General Assembly be received

2.     Council nominate the Mayor, Councillor Ross Fowler OAM as its voting delegate for the 2020 National General Assembly of Local Government

3.     Council nominate any Councillors that wish to attend as observers at the 2020 National General Assembly of Local Government.

4.     Leave of absence be granted to all Councillors attending the 2020 National General Assembly of Local Government to be held in Canberra from 14 – 17 June 2020.

5.    Council develop and forward a motion to the ALGA Conference requesting that the Government develop and adopt a fire technician course so interested people can gain a formal qualification. 

 

Councillor Aaron Duke left the meeting, the time being 8:57pm.

Councillor Aaron Duke returned to the meeting, the time being 8:59pm.

 

19      Audit, Risk and Improvement Committee                                                

34  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that the information contained in the report on Audit, Risk and Improvement Committee be received.

 

20      Creation of an Easement for underground cables over Council Land at Soper Place Car Park (Lot 1 DP995047, Lot 1 DP 859369, Lot 10 DP 849474).                                                                                                  

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

That:

1.     The information contained in the report on Creation of an Easement for underground cables over Council Land at Soper Place Car Park (Lot 1 DP995047, Lot 1 DP 859369, Lot 10 DP 849474).be received

2.     Council grant an Easement over Lot 1 DP995047, Lot 1 DP 859369, Lot 10 DP 849474 to for the electrical infrastructure benefiting Endeavour Energy.

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

 

 

21      Summary of Investment & Banking for the Period 1 December 2019 to 31 December 2019                                                                                  

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

That:

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

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

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

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS

 

RR 1           Bin Chickens    

Councillor Marcus Cornish requested a memo on what is being done to reduce the amount of bin chickens and what the NSW Government is planning to do to cull them.

 


 

 

RR 2           Wallacia Country Club Development Application

Councillor Bernard Bratusa requested a report to all Councillors regarding an update on the Development Application for the Wallacia Country Club.

 

RR 3           Council's Tree Policy

Councillor Bernard Bratusa requested information regarding Council’s Tree Policy specifically about what our policy says in terms of managing and maintain large trees.

 

RR 4           Rejected Development Applications   

Councillor Bernard Bratusa requested a memo to all Councillors regarding the number of Development Applications which have been rejected within the past 12 months.

 

RR 5           Truck Parking on Erskine Park Road  

Councillor Bernard Bratusa requested further information regarding the parking of trucks on Erskine Park Road and the disturbance to residents in response to complaints received.

 

RR 6           Council's Major Events Policy    

Councillor Bernard Bratusa requested that a policy be created to prevent parking fines from being issued while large funerals or significant events occur.

 

RR 7           Pedestrian Lighting in Kingswood      

Councillor Tricia Hitchen requested an update on the new pedestrian lighting in Kingswood.

 

UB 1           Donation to Oxley Park Public School - Portable Garden Pump    

Councillor Tricia Hitchen requested that an amount of $2,730 be allocated from North Ward Voted Works to Oxley Park Public School for the purchase of a portable garden pump.

37  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Robin Cook 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.

 

38  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Robin Cook that an amount of $2,730 be allocated from North Ward Voted Works to Oxley Park Public School for the purchase of a portable garden pump.

 

RR 8           RU 4 Property at Cranebrook     

Councillor Kevin Crameri OAM has requested a report be brought back to a future Committee of the Whole regarding a property at Boundary Road, Cranebrook due to it being a personal matter. 

 


 

 

RR 9           Llandilo Road Flood Evacuation Route       

Councillor Kevin Crameri OAM has requested information regarding the potential plan to upgrade the intersection of Galvin Road and Llandilo road due to flooding occurring along the current evacuation route.

 

RR 10         Tree Removal   

Councillor Kevin Crameri OAM has requested Council to investigate the removal of a tree located at 74 Boscobel Road, Londonderry. 

 

RR 11         Boom Gate on Eighth Avenue, Llandilo       

Councillor Kevin Crameri OAM has requested Council to investigate the installation of a boom gate on Eighth Avenue, Llandilo.  

 

RR 12         Inspection of Pontoon Platform at Glenmore Park        

Councillor John Thain has requested an inspection of the condition of the pontoon platform located at Glenmore Park.

 

RR 13         Heat Crisis        

Councillor Karen McKeown OAM has requested a report to Council on the heat crisis that Western Sydney has suffered.

 

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

 

RR 14         Upgrade of Erskine Park Road   

Councillor Todd Carney has requested a memo and a report regarding an update on the upgrading of Erskine Park Road.

 

RR 15         Replacing of Concrete Barriers on Erskine Park Road 

Councillor Greg Davies has requested the replacement of concrete barriers located on Erskine Park Road as he believed these could be dangerous.

 

RR 16         Opening of Rail Link 

Councillor John Thain has requested information regarding the opening of the Rail Link in time for the opening of the Western Sydney Airport in 2026.

 

 

Committee of the Whole

 

39  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:36pm.


 

 

1        Presence of the Public

 

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

 

Outcome 2

 

2        Jordan Springs East (Central Precinct)                                                                          

 

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

 

The meeting resumed at 9:39pm and the Chairperson reported that the Committee of the Whole met at 9:36pm on 24 February 2020, the following being present

 

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

 

2        Jordan Springs East (Central Precinct)                                                                          

RECOMMENDED on the MOTION of Councillor Brian Cartwright seconded Councillor Todd Carney  

CW2 That:

1.     The information contained in the report on Jordan Springs East (Central Precinct) be received.

2.     Notations be applied to planning certificates pursuant to section 10.7(5) of the EPA Act to the properties identified in this report and in form identified in this report. 

 

3.     In the event that further information on subsidence becomes available that relates to additional properties, then it is also recommended that the notations be applied to those additional properties, in accordance with any legal advice received.

 

4.     Letters be sent to owners of the relevant properties to advise them that a notation will be applied to planning certificates for their property pursuant to section 10.7(5) of the EPA Act.

 

5.     Where a person applies for a planning certificate pursuant to section 10.7(2) for a property that has the above notation, then the information pursuant to section 10.7(5) is to be included on the certificate when issued to that person.

 

 

ADOPTION OF Committee of the Whole

 

40  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Todd Carney that the recommendations contained in the Committee of the Whole and shown as CW1 and CW2  be adopted.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:40pm.

 


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                                               

   


Mayoral Minutes

 

Item                                                                                                                                       Page

 

1        Retirement of Murray Wilcockson                                                                                      1

 

2        Council's response to COVID-19                                                                                       2

 

 

 

 



Ordinary Meeting                                                                                                23 March 2020

 

Mayoral Minute

Retirement of Murray Wilcockson

           

 

Earlier this month I attended a function to acknowledge the retirement of Penrith Disabilities Resource Centre (PDRC) President Murray Wilcockson and celebrate his outstanding contribution to our city.

Murray, who has lived in Penrith since 1947, was diagnosed with congenital Glaucoma when he was four years old and has lived with vision impairment ever since.

He first joined PDRC in 2003, was elected Secretary the following year and has held the role of President since 2005.

In this role, Murray was an exceptional mentor and a wonderful advocate and ambassador, not just for people with vision impairment, but for all people with disability in our region.

After building strong working relationships with Council and Australian and NSW government representatives, Murray lobbied successfully on behalf of PDRC as well as Penrith Vision Impaired People and Penrith Disabilities Action Forum. His efforts led to:

·    subsidised Photo ID cards for people with disability

·    improved safety at Penrith Station and better access to the Station’s taxi ranks

·    improved systems for using subsidy documents on the taxi network

·    safer traffic light crossing with improved sound function

·    more accessible footpaths across our city

·    better understanding of the dangers experienced by Guide Dogs and their users by other off leash dogs, and

·    a safer and more efficient bus system.

While this is an extraordinary legacy, Murray names his proudest achievement as the period he stepped in to run PDRC and then appointed Denise Roberts as coordinator. Sadly, Denise passed away in early 2019.

In highlighting this achievement Murray recognised that it is the day to day work of PDRC that has the biggest impact. PDRC provide invaluable information and referrals to the people who need it most. They create a support network for clients and their families and raise awareness of the need for improved access and inclusion.

On his retirement late last year, Murray was made an Honorary Member of PDRC and he is a very worthy recipient of this accolade.

 

Councillor Ross Fowler OAM

Mayor

 

RECOMMENDATION

That the Mayoral Minute on Retirement of Murray Wilcockson be received.

 


Ordinary Meeting                                                                                                23 March 2020

 

Mayoral Minute

Council's response to COVID-19

           

 

The outbreak of COVID-19 is evolving daily with information from the Australian and NSW Governments and relevant health authorities on how to contain the outbreak constantly developing.

The health and safety of the community is Council’s top priority and we are closely following the advice of the Government and health authorities. Council staff providing services to the community will be adhering to this advice particularly around social distancing.

As a result of the order made by NSW Health Minister Brad Hazzard on 15 March 2020 to force the immediate cancellation of major events with more than 500 people, and further advice on limiting indoor gatherings to 100 people, Council has reviewed all its upcoming community and civic events.

Where possible, events that can be rescheduled will be moved to another date later in the year when the outbreak has been contained and it is safe to do so. Regrettably, there are a small number of events that will be cancelled as numbers exceed those permissible, are aimed at participants in the community who are considered to be “at risk” and/or time specific (i.e. annual observances).

There have already been several events which have been advertised and are now subject to rescheduling or cancellation. Other upcoming events will be monitored and a decision made on their ability to proceed using the latest information available from health authorities.

It is likely that additional events, services and activities will be impacted by measures implemented by the government and by the principles of social distancing. Residents and customers of Council who have a concern or question about any of Council’s services or activities should refer to the Council’s website for the most up to date information. https://www.penrithcity.nsw.gov.au/news/information-and-advice-about-covid-19

Council staff have also been asked to review options around the holding of Council meetings. Currently councils are prohibited from holding meetings by video conference however the advice received is that the Minister for Local Government is urgently looking at ways to resolve the conflict that now exists between the requirement for council to meet and be open to the public.

While council meetings typically do not involve over a 100 people there is the potential this could happen. If this occurs the numbers in the room will need to be limited. Council has the option if required to begin live streaming of Council meetings, which will enable members of the public to view the meeting. Council staff have also established options to hold council meetings entirely online and from off site should that be required.


 

Council’s response to the COVID-19 outbreak and its effect will continue to evolve based on the most current information from Government and health authorities. Any impact on council services and events will be communicated to the community as soon as practical and continuously updated through councils website. Council has plans in place for circumstances like these and staff are currently working through these plans along with the advice from authorities to best respond to the emerging needs of the community.

 

 

 

Councillor Ross Fowler OAM

Mayor

 

RECOMMENDATION

That the Mayoral Minute on Council's response to COVID-19 be received.

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Access Committee Meeting held on 12 February 2020                                                                                                                                              1

 

2        Report and Recommendations of the Heritage Advisory Committee Meeting held on 19 February 2020                                                                                                                    9

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 2 March 2020                                                                                                                                  12

 

 

 

 

 



Ordinary Meeting                                                                                                23 March 2020

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 12 February, 2020

 

 

PRESENT

 

Councillor Tricia Hitchen (Chair), Councillor Robin Cook, Dianne Brookes, Allan Windley, Farah Madon, Anthony Mulholland, Carole Grayson (5.10pm).    

 

IN ATTENDANCE

 

Jeni Pollard – Place Manager, Casey Holtom – Acting Social Planning Coordinator, Claire Galvin – Disability Inclusion Officer, Graham Howe – Building Assets Coordinator, Craig Squires – Building Certification and Fire Safety Coordinator, Alison Randall – City Precinct Facilitator, Michael Jackson – Design and Projects Manager, Robert Craig – Principal Planner, Sandra Fagan – Senior Planner, Kathryn Saunders – Senior Development Assessment Planner, Pukar Pradhan – Senior Development Assessment Planner, Lucy Goldstein – Development Assessment Planner, Snezana Gorgieva – Senior Corporate Planner, Natalie Stanowski – Principal Planner, Natalie White – Planning Information Officer, Rebecca Copping – Graduate Assistant, Alison Veron – Environment and City Development Secretary, Jayden O’Brien – Business Administration Trainee

 

GUESTS

 

Peter Stait, FDC Construction

Nicolas Hurtado – Design Confidence

Jonathan Parker – Team 2 Architecture

Zack Ashby – Team 2 Architecture

John Mullane – John Mullane Consultants

Joppe Veul – McGregor and Coxall

 

APOLOGIES

Apologies were accepted from Matt Rogers, Councillor Todd Carney, Hans Meijer.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 11 December 2019

The minutes of the Access Committee Meeting of 11 December 2019 were confirmed with the following amendment:

 

Under General Business GB1 – International Day of People with Disability Award the first sentence should read “Dianne Brookes advised that she was invited to Parliament House on the International Day of People with Disability to present a disability award.”

 

DECLARATIONS OF INTEREST

 

Nil.


 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

2        Update on the Regatta Park, Emu Plains design                                      

Michael Jackson introduced the report and presentation on the update of Regatta Park.

 

Michael Jackson advised that Regatta Park will be funded through $15 million from the NSW State and Federal Governments via the Western Sydney City Deal Liveability Grant and $9 million from Council.

 

The Regatta Park and River Road project was adopted as Our River Masterplan in 2013.  The design was enhanced in 2016 and Design Landscape Architect McGregor and Coxall has been engaged to implement the design.

 

Carole Grayson arrived at the meeting at 5.10pm.

 

Michael Jackson advised that he had brought the Regatta Park concept to the Access Committee early in the process for feedback.  Currently the broad concept is open for a public consultation process and people can access the Council portal at https://www.yoursaypenrith.com.au/regatta-park.  Council has also been liaising with immediate residents to the proposed park development regarding noise and road issues.  Negotiations are also being held with the RMS regarding moving the intersection.  The new park would make better use of the river with moving the road and joining the river bank.

 

There are four or five entry points to the park site and parking will increase from the current 100 parking spaces to 124 spaces.  Traffic is proposed to be slowed down through the park to make it safer and more pleasant.  The main pedestrian path will be what is currently the road.

 

Issues discussed by the Committee included:

 

·    Inclusive play areas

·    Accessible parking in different areas

·    Adequate rest points along the ramp to the water edge

·    A rest area every second ramp if possible

·    Shade over seating spaces

·    Path being 1,800 wide, not 1,500 for two-way traffic

·    A large enough area at the bottom of the ramp for four or five wheelchairs

·    Query regarding a timer for pedestrians at the four-way intersection.

  

RECOMMENDED

That the information contained in the report on Update on the Regatta Park, Emu Plains design be received.

 

Michael Jackson, Joppe Veul and Alison Randall left the meeting at 5.26pm.


 

 

1       Development Applications Referred to the Access Committee              

          Prelodgement Application – Proposed hotel at 20 Memorial Avenue Penrith

Robert Craig introduced the report concerning the design plans for a hotel development proposal on the site of the former Log Cabin Hotel at 20 Memorial Avenue Penrith. 

 

Robert Craig introduced Peter Stait from FDC Construction and Nicolas Hurtado and Jonathan Parker from Design Confidence and Team 2 Architecture who will be finalising the design over the next eight weeks.  Feedback from tonight’s meeting will be taken into account in preparing and finalising the hotel design. The development application for this proposal is expected to be lodged in March or April.

 

Robert Craig handed over to Jonathan Parker who presented a slideshow to the meeting regarding the proposed new hotel.  The new hotel would incorporate a number of new contemporary design elements.  The building would be over two levels with an upper level function space and up-market restaurant and deck that overlooks the river.

 

Nicolas Hurtado advised that the carpark is some distance from the building but the accessible parking would be located closer to the building.  There are two entries on the Memorial Avenue frontage.  There would be two lifts in the building with one at back of house.  There are accessible toilets in each bank of toilets.  There would be on grade access between decks.

 

Smooth transitions out onto the decks throughout both levels of the building would be provided.  An inclusive playground space is proposed to be provided on the top level as well as a beer garden.  It is proposed to have drop-down areas at an accessible height at all the bars.

 

Issues discussed by the Committee included:

 

·    Possibility of designing a drop-off point next to the building as the parking area is on a different lot

·    The difficulty of travelling from the hotel site to the city centre.

 

Peter Stait, Nicolas Hurtado, Jonathan Parker and Robert Craig left the meeting at 5.40pm.

 

DA19/0801      Demolition of all structures, construction of a five-storey Health Services Facility and lot consolidation at 39 Orth Street, Kingswood

 

Sandra Fagan spoke to the development application for the five-storey health services facility as a sub-acute private hospital.  The site is across three lots with the current house on the site proposed to be demolished.  The site is to the left of Nepean Hospital and within walking distance. Public buses stop in Derby Street and Kingswood Station is within 700m.

 

Sandra Fagan advised that the five-storey health services building is proposed to contain 86 patient rooms, with 38 rooms for mental health patients and 48 rooms for rehabilitation inpatients.  The ground floor of the building includes consulting rooms, a gym, hydrotherapy pool and a café and hairdresser.  There are two levels of basement parking with 65 spaces.  Internal lifts are provided throughout the building.

 

Issues discussed by the Committee included:

 

 

 

·    Accessible rooms to have a mix of left-hand and right-hand transfer toilets

·    Circulations spaces to be provided at the end of passageways

·    Automated doors to be provided

·    Suggestion to provide adult change facilities in the hydrotherapy pool area

·    Location of the accessible carpark spaces in the basement and access to the lift

·    Query regarding a ramp into the pool in place of steps

·    Issue of the steps from the café onto the street

·    Bus stop location

·    Drop off point or turning bay – possibility to use ambulance bay

·    The number of accessible rooms

·    Door widths.

 

Sandra Fagan left the meeting at 5.56pm.

 

DA19/0875      Proposal for a change of use of part of the existing golf course to cemetery including 27,000 burial plots, chapel, administration building and internal roads; reconfiguring of golf course to nine holes, community and practice putting green, alterations and additions to existing Wallacia Golf Club and tree removal and landscaping, fencing and stormwater works plus subdivision into two allotments – 13-15 Park Road, Wallacia

 

Kathryn Saunders introduced the development application for the mixed use application of Nepean Gardens Cemetery and a nine-hole golf course with alterations and additions to the club house at Wallacia Golf Club.

 

The mixed use application is for property on the corner of Mulgoa Road and Park Road in Wallacia.  It is a revised proposal with a smaller size cemetery than the previous application.

 

The previous proposal was for 88,999 burial plots and this has been reduced to 27,000 burial plots on the eastern part of the site.  Nepean Gardens would include a new chapel building, a single-storey administration building, internal road, landscaping and onsite carparking for 50 cars with additional parking along the internal roads.

 

The proposal also includes changing the 18 hole golf course to nine holes, a new pool and gym facilities, new practice putting green, putting course and bowling greens, alterations and additions to the existing clubhouse including the kitchen and dining areas and additional parking and landscaping works.

 

Kathryn Saunders advised that a preliminary review of the proposal would be undertaken and forwarded to the applicant.  Matters considered would include the issues raised at the Access Committee meeting.

 

Issues discussed by the Committee included:

 

·    No accessible entry to the gym

·    There are no end of passageway circulation spaces or door circulation spaces on the plans

·    There are stairs at the emergency exit

·    Suitable paths of travel

·    Query regarding the covered parking area being level

·    Accessible footpaths to be provided throughout the site

·    Seating to be provided

·    Lack of accessible parking for staff in the administration area.

 

Kathryn Saunders advised that if possible the development application would be brought back to the Access Committee and advice would be provided on the access to the gym and the emergency exit stairs.

 

Kathryn Saunders left the meeting at 6.12pm.

 

DA19/0821      Construction of four to six storey mixed use development including ground and first floor commercial/retail tenancies, 154 place child care centre, 124 residential apartments, 11 townhouses and 358 basement and at-grade carparking spaces at Lot 1 Wianamatta Parkway, Jordan Springs

 

Pukar Pradhan and Lucy Goldstein presented the development application for the mixed use proposal at Wianamatta Parkway at Jordan Springs.  In stage 1 the development is to comprise a supermarket, eight retail/commercial premises, swimming school, gymnasium, 154 place child care facility, 127 carparking spaces including four accessible spaces on the basement level and 42 parking spaces including one accessible space on the ground level.  The upper levels comprise 75 residential apartments including nine adaptable units.

 

The 1.1 hectare subject site adjoins the Village Centre park which is also a current application.  To the left and above the site is residential development.  The upper levels of the proposed development will be residential apartment units.

 

Pukar Pradhan advised that at this stage the developers are seeking approval for the shell of the building.  Separate development applications will be submitted for each of the commercial premises. All issues raised at this meeting will be referred to the applicant.

 

Issues discussed by the Committee included:

 

·    each adaptable unit requires an accessible parking spot

·    one accessible carpark space exclusively for the child care centre, one space for the medical centre and one for the retail

·    green space required for toileting assistance animals

·    plans required for the adaptable units.

 

RECOMMENDED

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

 

Alison Veron, Jayden O’Brien, Pukar Pradhan and Lucy Goldstein left the meeting at 6.25pm.


 

Outcome 7 - We have confidence in our Council

 

4        Development of the new Community Plan and 2021-25 Delivery Program           

Snezana Gorgieva spoke to the report regarding Council’s new Community Plan and 2021-25 Delivery Program.

 

Snezana Gorgieva gave a presentation which provided the background to the Integrated Planning and Reporting Framework and how the Community Plan integrates with State and Federal Government plans and what Council does.

 

There is an opportunity for the community to have their say in terms of planning the next 12 years of Council activities.  The community vision feeds down into Council’s Delivery Program and Operational Plans.

 

Phase 3 of the planning process called “Scoping the Vision” has just commenced and will help understand the long-term community ideas and vision for Penrith.  The community will inform the vision and the vision will inform the activities.  Each stage informs the next stage.  It is planned to engage a representative sample of the people in the LGA and cover as many different groups as possible.

 

Some of the ways people will be engaged are through online or print surveys, information booths – there would be 10 information pop-ups across the LGA with promotional items to entice people. Direct mail will be sent to local service providers and people can also engage through Instagram, the Your Say and Council websites, children’s centres and exhibition sites.  $25 Hoyts vouchers will be given away each week through print survey return and online survey completion.

 

Issues discussed by the Committee included:

 

·    Using accessible reading material with easy words and pictures

·    Engaging with providers who engage with people with disability

·    Descriptions of images need to be provided with online information

·    Text captioning on all backgrounds, of opposite colour

·    Concern was raised regarding the homeless community being missed

·    Speak to carers who work with carer services as well as talk to the NDIS

·    The language in the survey needs to be inclusive.

 

Dianne Brookes advised that she is part of the Koori Interagency Network and they supported and engaged with Blacktown City Council to ensure that a cross-section of people completed their survey.  Dianne Brookes said she is quite happy to take physical papers because a lot of organisations and key Aboriginal figures go to that meeting.  The meeting is held the last Wednesday of the month and 27 February 2020 is the next meeting.

 

RECOMMENDED

That the information contained in the report on Development of the new Community Plan and 2021-25 Delivery Program be received.

 

Snezana Gorgieva left the meeting at 6.55pm.

 

 


 

Outcome 2 - We plan for our future growth

 

Review of Development Control Plan

 

Natalie Stanowski and Natalie White from Council’s City Planning Department attended the Access Committee meeting to discuss the review of Council’s Development Control Plan (DCP).

 

It was advised that the DCP would be revised in three stages. As part of the first stage of the review Council is looking at adult change facilities. It is a good time to put controls into the DCP to remain consistent with the Building Code and to go above and beyond the National Construction Code (NCC) requirements. Research is being undertaken to see what other councils have in place.

 

Committee members were asked if they thought there was anything missing in the DCP. 

 

It was acknowledged that Penrith is one of the best in NSW for providing adult change facilities.

 

The second stage of the review will be focussing on accessibility including egress in multi-storey buildings.

 

Farah Madon spoke regarding a separate DCP section exclusively for access. This new DCP section should note suggestions for fire egress in buildings and refuge spaces, adaptable housing requirements in compliance with current Australian standards, reference 'Everyone can play' design guideline for design of parks and playgrounds and recommend where adult change tables should be provided.

 

Policy changes were also needed that include the requirement of Liveable Units noted in the DA conditions of consent and as previously discussed the DCP application form to have a section which says Access Reports are required for particular building types.

 

Other issues discussed by the Committee included:

 

·    The adult change facility should not be within the accessible toilet.

·    Conditions of Consent needs adaptable housing, liveable housing

·    The issue of approvals under the SEPP

·    Standard designs for adult change facilities

·    Provision of a mobile adult change facility

·    Adult changing facilities to be accessible 24 hours

·    In the next stage of access, toileting areas for assistance animals would be required

·    Suggestion to have adult changing facilities in the Council Civic Centre, in the river precinct and Regatta Park

·    Adult change facilities to be provided in shopping centres, assembly buildings and clubs

·    Suggestion to communicate with service providers, especially those with high needs maintenance clients.

 

It was advised that Council will be briefed on the DCP in a few weeks’ time with an exhibition to be held in April/May.  Farah Madon suggested emailing the wording before it goes public.

 

Natalie Stanowski and Natalie White left the meeting at 7.15pm.


 

 

Outcome 6 - We are healthy and share strong community spirit

 

2        Disability Inclusion Action Plan Report for 2018-2019                             

Claire Galvin spoke to the Disability Inclusion Action Plan DIAP report and highlighted achievements for 2018-2019, three of which are detailed in the report.  Significant progress has been made with implementing many of the actions within the DIAP 2017-2021.  It was noted that Penrith Council is recognised as being proactive in the inclusion space.

 

RECOMMENDED

That the information contained in the report on Disability Inclusion Action Plan Report for 2018-2019 be received.

 

 

GENERAL BUSINESS

 

GB 1           Review of MLAK System for Accessible Toilets  

Claire Galvin advised that a report would be presented to the Access Committee later in the year regarding the use of MLAK keys for accessible toilets.  A consultation on the MLAK system will be held at the same time as the consultation for the next Disability Inclusion Action Plan.  Further discussions will be held regarding this matter and will consider reimbursement for people who need a key.

 

GB 2           NeuroMoves Gym      

Craig Squires advised that he has sent an email to the managing agents of the NeuroMoves Gym building with new proposals and different options for parking.

 

GB 3           Adult Change Facility

Craig Squires referred to GB6 from the 11 December 2019 Access Committee meeting.  It was advised that there is no adult change table at Penrith RSL but Craig Squires will check Monkey Mania to see if there is one there.

 

GB 4           Language and Descriptive Use during Presentations   

Carole Grayson suggested using descriptive language during presentations for people with visual impairment.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7.25pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 12 February, 2020 be adopted.

 


Ordinary Meeting                                                                                                23 March 2020

 

REPORT AND RECOMMENDATIONS OF THE
 Heritage Advisory Committee MEETING

HELD ON 19 February, 2020

 

 

PRESENT

Councillor Marcus Cornish (Chair), Beth Moore - Nepean District Historical Society, Richard Ward - Nepean District Archaeological Group, Marie Koen - St Marys & District Historical Society, Wendy Herne,  Stephen McKenzie - Nepean Family History Society (arrived 5:10pm), Jennine Leonarder Collins (arrived 5:10pm).

IN ATTENDANCE

Warwick Winn – General Manager (5:20pm), Peter Wood – Development Services Manager, Nathan Burbridge – Economic Initiatives Manager, Adam Wilkinson – Engineering Services Manager, Kathryn Sprang – Development Assessment Planner, James Heathcote – Development Assessment Planner, Alison Randall – City Precinct Facilitator (Nepean River), Ann-Maree Bonner – Librarian Research Services (arrived 5:10pm), Abby Younan – Planning Administrative Officer.

 

APOLOGIES

Councillor Brian Cartwright and Norma Thorburn.

 

DECLARATIONS OF INTEREST

 

Councillor Marcus Cornish declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 – Flooding in Emu Plains, as he is a member of the Floodplain Risk Management Committee.

 

Economic Initiatives Manager, Nathan Burbridge declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 3 - Fernhill (Future Use Options),  as he is acquainted with the person who runs the equestrian facility at Fernhill.  Nathan stated that he would leave the meeting during debate and voting on this matter.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Flooding in Emu Plains

Stephen McKenzie, Jennine Leonarder Collins, Ann-Maree Bonner arrived at the meeting, the time being 5:10pm.

General Manager, Warwick Winn arrived at the meeting, the time being 5:20pm.

Engineering Services Manager, Adam Wilkinson gave a presentation on this Item.

 

RECOMMENDED

That the information contained in the report on Flooding in Emu Plains be received.

 

 

Engineering Services Manager Adam Wilkinson left the meeting at 5:40pm and did not return.

 

 

2        Update on the Regatta Park, Emu Plains design

Economic Initiatives Manager, Nathan Burbridge gave a presentation on this item.

RECOMMENDED

That the information contained in the report on Update on the Regatta Park, Emu Plains design be received.

 

Having previously declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 3, Economic Initiatives Manager, Nathan Burbridge left the meeting at 6:25pm and did not return.

 

3        Fernhill (Future Use Options)

RECOMMENDATION

That:

1.   The information contained in the report on Fernhill (Future Use Options) be received.

 

2.   Council staff liaise with State Government regarding a potential inspection of this site by the Heritage Advisory Committee.

 

 

GENERAL BUSINESS

 

GB 1           Log Cabin Site

 

The Chair enquired about development on the Log Cabin Site. Development Services Manager, Peter Wood informed the Committee that there has been no Development Application lodged at this point of time. If and when a DA is lodged, the Committee will be advised.

 

GB 2           41 Great Western Highway Emu Plains (Cecil Hill House)

 

The Chair queried whether the property had heritage significance, noting that the property is not listed in the Penrith Local Environmental Plan 2010. Development Services Manager, Peter Wood advised that the heritage consultant could provide some initial feedback if the property has potential to be a heritage listed item.

 

GB 3           War Memorial Grant

 

Development Assessment Planner, Kathryn Sprang advised the Committee that the NSW Government has invited eligible organisations to apply to the Community War Memorials Fund (CWMF). Kathryn sought feedback in relation to suggestions for nominations.

 

In response, the Committee suggested that the Memorials in Smith Park at 1151–1159 Castlereagh Road, Castlereagh should be considered. The Chair also recommended that the Committee should email through to Council staff any further suggestions.

GB 4           The Arms of Australia Inn

 

Community Member, Beth Moore advised the Heritage Advisory Committee that a Council representative is coming to speak to the 355 Committee for the Arms of Australia Inn regarding a conservation management plan for the property. Kathryn Sprang advised that a representative from Council’s Community Facilities and Recreation Department will be briefing the Heritage Advisory Committee at a later date on the conservation management plan for the site.

 

The Chair also raised that three shipping containers have been organised to be delivered to the site, to house the wagons.

 

GB 5           Matters raised by the Chair

 

1.   The Chair advised the Committee that Council is creating a newsletter for the local community. There will be a dedicated section in the newsletter for heritage matters. The Chair extended the invitation to the committee to provide heritage articles.

 

2.   The Chair requested an update on the status of 935 Mulgoa Road, Mulgoa (Notre Dame) as the Chair believes that this may have potential impact on Fernhill. Peter Wood advised that Notre Dame is not a listed heritage item, however a desktop study can be undertaken to confirm current use and any development applications/consents for the site.

 

Committee member Jennine Leonarder Collins left the meeting at 6:50pm and did not return.

 

3.   The Chair invited the Committee members to provide updates on their various historical societies. Updates were provided by Beth Moore- Nepean District Historical Society, Marie Koen - St Marys & District Historical Society, Richard Ward - Nepean District Archaeological Group, Stephen McKenzie - Nepean Family History Society.

 

 

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

 

 

 

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Heritage Advisory Committee meeting held on 19 February, 2020 be adopted.

 


Ordinary Meeting                                                                                                23 March 2020

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 2 March, 2020

 

 

PRESENT

Deputy Mayor, Councillor Karen McKeown OAM (Council Representative), Councillor Robin Cook (Representative for the Member for Londonderry), Wayne Mitchell – Director Development and Regulatory Services (Chair), David Lance – Transport for NSW (TfNSW), Brana Ravichelvan – Transport for NSW (TfNSW). 

IN ATTENDANCE

Ben Cantor – Busways, Adam Wilkinson – Engineering Services Manager, David Drozd – Traffic Engineering Coordinator, Daniel Davidson – Senior Traffic Engineer, Kablan Mowad – Senior Traffic Engineer, Anthony Baradhy – Traffic Engineering Officer, Wendy Read – Road Safety Officer, Isaac Mann - Trainee Engineer, Bernie Meier – Signs and Lines Marking Supervisor.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Mark Davies.

 

APOLOGIES

Councillor Tricia Hitchen (Representative for the Member for Penrith), Councillor Marcus Cornish, Sergeant Matthew Shirvington – Nepean Police Area Command (PAC), Senior Constable Stephen Page – Nepean Police Area Command (PAC), Graham Green – Senior Traffic Engineer,

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 3 February 2020

The minutes of the Local Traffic Committee Meeting of 3 February 2020 were confirmed.

 

DECLARATIONS OF INTEREST

NIL.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Balaclava Road, Emu Heights - Proposed Installation of 'No Stopping' Signage and Double Barrier Line Marking                                                 

RECOMMENDED

That:

1.     The information contained in the report on Balaclava Road, Emu Heights - Proposed Installation of 'No Stopping' Signage and Double Barrier Line Marking be received.

2.     Consultation be undertaken with affected residents regarding the provision of 'No Stopping’ signage and double barrier line marking for a length of 30 metres in Balaclava Road, Emu Heights.

3.     Subject to no substantial objections being received, 'No Stopping’ signage and double barrier line marking for a length of 30 metres be installed in Balaclava Road, Emu Heights as shown in Appendix 1.

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

 

2        Colless Street and Derby Street, Penrith - Endorsement of Design Plan AC285 for a Single Lane Roundabout                                               

RECOMMENDED

That:

1.     The information contained in the report on Colless Street and Derby Street, Penrith - Endorsement of Design Plan AC285 for a Single Lane Roundabout 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 Colless Street and Derby Street, Penrith as shown in Appendix 1.

3.     Subject to no objections, Design Plan AC285 dated January 2020 be endorsed for construction, with funding provided from the Nation Building Black Spot and Safer Roads Program.

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

 

3        Railway Street and Rance Road, Werrington - Proposed Pedestrian Facilities                                                                                                         

RECOMMENDED

That:

1.     The information contained in the report on Railway Street and Rance Road, Werrington - Proposed Pedestrian Facilities be received.

2.     Additional (repeater) w6-1 and w8-20 Pedestrian Warning signage be installed on the eastern leg of Railway Street, Werrington, as shown in Appendix 1.

3.     Subject to consultation with the affected resident, and no substantial objections being received, the existing No Stopping zone be extended to 19m in length on the south-western side of the intersection of Rance Road and Railway Street (as shown in Appendix 1).

4.     A project for an appropriate pedestrian facility in Railway Street, Werrington be entered into Council’s Traffic Facilities Prioritisation Program. When the project receives priority against other listed sites, Council’s Design Co‑ordinator be requested to prepare a design for the facility, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement.

5.     Ms Prue Car MP, Member for Londonderry, the resident and Council’s Rangers be advised of Council’s resolution.

 

 


 

 

4        Derby Street, Kingswood - Alterations to Bus Zone and Parking           

Daniel Davidson – Senior Traffic Engineer advised the Committee that Appendix 1 attached to the report incorrectly depicts the proposed Bus Zone on Derby Street, Kingswood as 12.5 metres. Daniel Davidson advised that Appendix 1 has since been amended to indicate a proposed Bus Zone of 16.5 metres on Derby Street, Kingswood.

RECOMMENDED

That:

1.     The information contained in the report on Derby Street, Kingswood - Alterations to Bus Zone and Parking be received.

2.     Council request the developer to revise their proposed signs and line marking plan and install an alternative Bus Zone for a length of 16.5 metres, ‘No Stopping’ signage and line marking on Derby Street as shown in Appendix 1.

3.     All works associated with the implementation of the signposting and/or line marking 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 line marking in Council’s asset management records and processes.

5.     Council’s Rangers and 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.

 

 

5        Intersection Of Stafford Street and Parker Street, Penrith - Proposed 'No Stopping' Signage                                                                                  

RECOMMENDED

That:

1.     The information contained in the report on the Intersection Of Stafford Street and Parker Street, Penrith - Proposed 'No Stopping' Signage be received.

2.     Consultation be undertaken with affected residents regarding the proposed installation of ‘No Stopping’ signs at the intersections of Stafford Street and Parker Street, Penrith, as shown in Appendix 1.

3.     Subject to no substantial objections being received, the proposed ‘No Stopping’ signs at the intersection of Stafford Street and Parker Street be installed, as shown in Appendix 1.

4.     Ms Melissa Macintosh MP, Council’s Rangers and the resident who has reported the matter be advised of Council’s resolution.

 

 


 

 

GENERAL BUSINESS

 

 

GB 1   Algie Crescent, Kingswood - Proposed Double Barrier Line Marking

Executive Summary

The purpose of this report is to consider the installation of double barrier line marking in Algie Crescent, Kingswood. This report recommends the double barrier line marking be approved for installation.

 

Background

Council’s Traffic Engineering section has been contacted by a resident, regarding concerns about parked vehicles and motorists cutting the corner and travelling on the opposite side of the road into oncoming traffic at the eastern 90-degree bend in Algie Crescent, Kingswood.

 

Current Situation

Algie Crescent is a local road, with a carriageway of 9m width and provides on-street parking and access for the surrounding residents. Algie Crescent is connected to O’Connell Street and Second Avenue respectively.

 

Council’s Traffic Officers have investigated the site and confirmed the resident’s observations at the eastern bend of Algie Crescent. Additionally, during site inspections, Traffic Officers also observed vehicles cutting the corner at the western bend Algie Crescent, Kingswood.

 

As such, it is proposed to install 28m of double barrier line marking on the western bend and 17m on the eastern bend of Algie Crescent to eliminate any ambiguity for drivers while negotiating the bends (as shown in Appendices 1 and 2).

Conclusion

 

The installation of the double barrier line marking will result in the loss of 2 on street parking spaces at the western bend. However, this treatment will allow vehicles to safely negotiate the bends in Algie Crescent, and minimise the potential for head-on accidents.

 

Affected residents will be consulted regarding the proposed changes, as vehicles cannot park within 3m of the double barrier lines.

_________________________________________________________________________

 

RECOMMENDED

          That:

1.   The information contained in the report on Algie Crescent, Kingswood - Proposed Double Barrier Line Marking be received.

 

2.   Consultation be undertaken with affected residents regards of the proposed double barrier line marking on both bends of Algie Crescent, Kingswood.

 

3.   Subject to no substantial objections being received, double barrier line marking be installed for a length of 28m and 17m on the 90-degree bend of Algie Crescent, Kingswood as shown in Appendices 1 and 2.

 

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

 

GB 2           Illawong Avenue and Cudgee Road, Penrith - Proposed Double Barrier Line Marking             

Executive Summary

The purpose of this report is to consider the installation of double barrier line marking in Illawong Avenue and Cudgee Road, Penrith. This report recommends the double barrier line marking be approved for installation.

 

Background

Council’s Traffic Engineering section has been contacted by a resident regarding concerns about parked vehicles on the crest of Illawong Avenue, narrowing the carriageway and forcing vehicles to travel on the opposite side of the road into oncoming traffic.

 

Current Situation

Illawong Avenue is a local road, with a carriageway of 7m width and provides access for the surrounding residents.

 

Council’s Traffic Officers have investigated the site and confirmed the resident’s observation being that vehicles are forced to drive into oncoming traffic due to parked vehicle at the crest in Illawong Avenue, Penrith.

 

To improve driving safety and keep consistency with surrounding streets, Traffic Officers also investigated driving behaviour at the T-intersection of Illawong Avenue and Cudgee Road. It was observed that vehicles are cutting the corner while negotiating the intersection due to parked vehicles at this intersection.

 

As such, it is proposed to install 40m of double barrier line marking on Illawong Avenue south of Cudgee Road, 15m north of Cudgee Road, and 10m on Cudgee Road at the intersection with Illawong Avenue to eliminate any ambiguity for drivers while negotiating the crest and intersection (as shown in Appendix 1).

 

Conclusion

The installation of the double barrier line marking will result in the loss of 3 on street parking spaces on each side of Illawong Avenue, however affected residents have sufficient off-street parking to cater for on street loss. Therefore, the proposed treatment will allow vehicles to safely negotiate the crest in Illawong Avenue and the intersection with Cudgee Road, and minimise the potential for head-on accidents.

 

Affected residents will be consulted regarding the proposed changes, as vehicles cannot park within 3m of the double barrier lines.

_________________________________________________________________________

RECOMMENDED

That:

1.   The information contained in the report on Illawong Avenue and Cudgee Road, Penrith - Proposed Double Barrier Line Marking be received.

 

2.   Consultation be undertaken with affected residents regarding the proposed double barrier line marking in Illawong Avenue and Cudgee Road, Penrith.

 

 

3.   Subject to no substantial objections being received, double barrier line marking be installed for a length of 40m, 15m and 10m on Illawong Avenue and Cudgee Road, Penrith as shown in Appendix 1.

 

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

 

 

GB 3           Parkes Avenue and Victoria Street, Werrington - Truck Generated Noise       

David Drozd – Traffic Engineering Coordinator advised the Committee that Councillor Marcus Cornish sent in an email requesting that it be raised at the Local Traffic Committee as a General Business item.

Councillor Marcus Cornish has made representations on behalf of a resident of Werrington regarding noise generated by truck compression braking in Parkes Avenue and Victoria Street, Werrington. In Councillor Cornish’s email, he requested that “Reduce Noise – Please Limit Compression Braking” signs be erected on Parkes Avenue near the intersection of Werrington Road facing east, and on Victoria Street near the Colonia Hotel facing west.

RECOMMENDED

That:

1.   Council’s Traffic Engineers investigate truck movements and noise on Parkes Avenue and Victoria Street, Werrington and the possibility of installing “Reduce Noise – Please Limit Compression Braking” signs on these streets.

 

2.   Councillor Marcus Cornish be advised of the outcome.

 

 

GB 4           O'Connell Street and O'Connell Lane, Caddens - Traffic Safety at the Intersection       

David Drozd – Traffic Engineering Coordinator advised the Committee that Councillor Tricia Hitchen (Representative for the Member for Penrith) sent in an email requesting that it be raised at the Local Traffic Committee as a General Business item.

Councillor Tricia Hitchen (Representative for the Member for Penrith) advised in her email that the O’Connell Street and O’Connell Lane, Caddens is a four way intersection with a Stop sign and two ‘Give Way’ signs. The Stop sign faces the exit of the Western Sydney University, Kingswood Campus and the ‘Give Way’ signs are on O’Connell Lane and the northern leg of O’Connell Street. Councillor Hitchen (Representative for the Member for Penrith) advised that it is a confusing intersection, mainly to drivers who are unclear about who has to give way. 

Councillor Hitchen (Representative for the Member for Penrith) stated that she has raised this a couple of times and is aware that Council’s Traffic Engineers have previously investigated this intersection, however, complaints continue to be received by Council. The main issue appears to be that cars exiting the University are not aware that they have to stop. They see the ‘Give Way’ signs on the road to their right and left and assume they have right of way.


Councillor Hitchen (Representative for the Member for Penrith) requested that “STOP” or "Stop Sign Ahead" pavement markings be painted on the roadway at the University’s exit.

 

 

RECOMMENDED

That:

1.   Council’s Traffic Engineers investigate safety and traffic movements at the intersection of O’Connell Street and O’Connell Lane, Caddens and review the possibility of painting “STOP” or "Stop Sign Ahead" pavement markings on the roadway at the Western Sydney University’s exit. 

 

2.   Councillor Tricia Hitchen (Representative for the Member for Penrith) and The Hon. Stuart Ayres MP, Member for Penrith be advised of the outcome.

 

 

GB 5           Cadda Ridge Drive, Caddens - Speeding Vehicles        

David Drozd – Traffic Engineering Coordinator advised the Committee that Councillor Tricia Hitchen (Representative for the Member for Penrith) sent in an email requesting that it be raised at the Local Traffic Committee as a General Business item.

Councillor Tricia Hitchen (Representative for the Member for Penrith) advised in her email of complaints received by Council regarding speeding vehicles on Cadda Ridge Drive, Caddens. Councillor Hitchen (Representative for the Member for Penrith) also advised that she has previously raised this matter and that there was a car accident on Cadda Ridge Drive on 27 February 2020 however, this had nothing to do with speeding.

Councillor Hitchen requested (Representative for the Member for Penrith) requested that Council’s Variable Message Sign (VMS) trailer and Radar Sensing Unit be posted on Cadda Ridge Drive as soon as possible. Councillor Hitchen (Representative for the Member for Penrith) also requested Council’s Traffic Engineers to investigate speed mitigation on Cadda Ridge Drive once the speed data is collected from the VMS trailer and radar sensing unit.

 

RECOMMENDED

 

That:

 

1.   Council’s Traffic Engineers investigation speeding vehicles on Cadda Ridge Drive, Caddens and post Council’s Variable Message Sign (VMS) trailer and Radar Sensing Unit on this street as soon as possible.

 

2.   Council’s Traffic Engineers investigate speed mitigation on Cadda Ridge Drive, Caddens once the speed data is collected from the VMS trailer and radar sensing unit.

 

3.   Councillor Tricia Hitchen (Representative for the Member for Penrith) and The Hon. Stuart Ayres, Member for Penrith be advised of the outcome.

 

 

GB 6           Garnet Drive and Delaware Avenue, Caddens - Traffic Safety at the Intersection       

David Drozd – Traffic Engineering Coordinator advised the Committee that Councillor Tricia Hitchen (Representative for the Member for Penrith) sent in an email requesting that it be raised at the Local Traffic Committee as a General Business item.

Councillor Tricia Hitchen (Representative for the Member for Penrith) advised in her email of complaints received by Council regarding motorists failing to yield at the intersection of Garnet Drive and Delaware Avenue, Caddens and give way. Councillor Hitchen (Representative for the Member for Penrith) advised that there was a car accident at this intersection a little while ago and Delaware Avenue runs parallel to Cadda Ridge Drive and motorists may be using it as a ‘rat-run’.

RECOMMENDED

That:

 

1.   Council’s Traffic Engineers investigate traffic safety, movements and volumes at the intersection of Garnet Drive and Delaware Avenue, Caddens and review the potential for incidences of motorists using Delaware Avenue and Garnet Drive as a short cut / ‘rat-run’.

 

2.   Councillor Tricia Hitchen (Representative for the Member for Penrith) and The Hon. Stuart Ayres, Member for Penrith be advised of the outcome.

 

 

GB 7           The Northern Road and Castle Road, South Penrith - Intersection Access     

Councillor Karen McKeown OAM (Council Representative) enquired about the ultimate design of the intersection of The Northern Road and Castle Road, South Penrith particularly if northbound motorists on The Northern Road will still be able to turn right into Castle Road.

David Lance of Transport for NSW advised that when The Northern Road is upgraded to four lanes in each direction, Castle Road will be left in and left out only and vehicles travelling northbound on The Northern Road will no longer be able to turn right into Castle Road as there will be a central median island.

RECOMMENDED

That the Local Traffic Committee note the information.

 

 

GB 8        Glenmore Park - Proposed '10km/hr Shared Zones'        

Isaac Mann – Trainee Engineer advised the Committee about concerns raised by residents regarding vehicles speeds on the lanes linking two cul-de-sacs in Glenmore Park, particularly Butcherbird Place and Condor Avenue. This triggered Council Traffic Engineers to undertake a full review of all trafficable lanes in the Glenmore Park estate and conduct traffic volume and speed counts.

As a part of Glenmore Park development design, several lanes linking two cul-de-sacs have been constructed with less than a 6m carriageway width. None of the lanes are signposted at the entry or exits to enforce a reduced speed limit, and the existing pavements are in a condition which contradicts the Roads and Maritime Services (RMS) technical directions Category 1 (Cat 1) as stated below:

 

“Shared zone is provided on road related area, has clearly different coloured and textured surface treatments from the surrounding roads, and typically does not have kerbs.”

“All shared zones in NSW must display a speed limit of 10km/hr. No other speed limit is allowed…”

 

Additionally, under the RMS technical direction’s Guideline and NSW Road Rule No. 83, it states that:

 

“All shared zone must display the required regulatory signage i.e. shared zone (R4-4), End Shared Zone (R4-5), and give way to pedestrians (R2-10) signs.

In this regard, Council’s Traffic Engineers have now conducted multiple site investigations and audits into pedestrian safety and driver behaviour over all existing lanes linking two cul-de-sacs in the entire Glenmore Park estate.

 

Furthermore, Council’s Traffic Engineers have opted for a holistic approach to this matter, and have confirmed that motorists are regularly navigating through the cul-de-sacs links as a shortcut and observed that motorists are speeding within these low speed environments that are often shared with pedestrians.

 

In considering the above information, a proposed treatment based on the RMS technical direction has been adopted in order to achieve a holistic solution that aims to reinforce the basic premise of a shared traffic zone where pedestrians have equal rights with motor vehicles within a specified area. Additionally, vehicles can use the shared traffic zone but at a greatly reduced speed of 10km/hr, which reduces the risk to pedestrians sharing the carriageway.

 

The locations of the proposed study (lanes linking two cul-de-sacs) for the entire Glenmore Park area, are listed below:

 

·    Lane linking Butcherbird Place and Condor Avenue, Glenmore Park

·    Lane linking Yellow Gum Close and Prunus Close, Glenmore Park

·    Lane linking Rainbow Close and Bluebell Close, Glenmore Park

·    Lane linking Lehmann Avenue and Lehmann Avenue, Glenmore Park

·    Lane linking Manifold Crescent and Manifold Crescent, Glenmore Park

·    Lane linking Wollabi Crescent and Wollabi Crescent, Glenmore Park

·    Lane linking Oriole Street and Pardalote Place, Glenmore Park

·    Lane linking Cyperus Place and Silvereye Place, Glenmore Park

·    Lane linking Dillwynia Drive and Cormorant Crescent, Glenmore Park

·    Lane linking Fullerton Place and Ernstine Hill, Glenmore Place

·    Lane linking Budge Close and Budge Close, Glenmore Park

·    Lane linking Budge Close and Small Crescent, Glenmore Park

·    Lane linking Sir Jamison Circuit and Jessup Place, Glenmore Park

·    Lane linking Jessup Place and Willmott Place, Glenmore Park

·    Lane linking Willmott Place and Stein Place, Glenmore Park

·    Lane linking Stein Place and Sir John Jamison Circuit, Glenmore Park

 

It is proposed to formally implement the ‘10km/hr Shared Zones’ at each of these locations in accordance with the RMS technical directions and the Roads and Traffic Authority’s Guidelines for Traffic Facilities and construct speed cushions on the link roads that had instances of vehicle travelling above 30km/hr.

 

Consultation will be undertaken with all affected properties at each of the locations regarding the ‘10km/hr Share Zones’.

___________________________________________________________________

 

David Lance of TfNSW advised that Council should consider each location on its merits and to be mindful that the implementation of Shared Zones can encourage pedestrian activity on the link roads. 

 

 

 

Councillor Karen McKeown OAM (Council Representative) requested the Committee to consider local services in close proximity to the lanes such as schools, churches and shopping centres and review the impact the Shared Zones will have on the public with accessing these services.  

David Drozd – Traffic Engineering Coordinator advised that Council will continue investigations into the lanes in Glenmore Park and will always consider the possibility of installing orange terracotta pavement on some of the laneways for further safety and pedestrian awareness.

RECOMMENDED

That:

1.   Council continue discussions with Transport for NSW regarding the proposed ‘10km/hr Shared Zones’ in Glenmore Park.

 

2.   A report be brought back to a future Local Traffic Committee meeting for consideration.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:50am.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 March, 2020 be adopted.

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Outcome 2 - We plan for our future growth

 

1        Adoption of Penrith's Local Strategic Planning Statement   

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

 

2        Section 7.12 Development Contributions Plan for non-residential development

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

 

3        Penrith Development Control Plan 2014 Housekeeping Amendments for Public Exhibition

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                11

 

4        Draft submission to Fernhill Estate Future Use Options Paper                                       18

 

5        Planning Proposal 33-43 Phillip Street, St Marys

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                22

 

 

Outcome 3 - We can get around the City

 

6        2020-21 Blackspot and Safer Roads Program Funding Offer                                         41

 

 

Outcome 4 - We have safe, vibrant places

 

7        Application to NSW Government Infrastructure Grant 2019-20                                      45

 

8        RFT19/20-27 Kingswood Pedestrian Lighting                                                                 48

 

9        RFT19/20-37 Design and Construction of Shade Sails and Structures                          52

 

 

Outcome 5 - We care about our environment

 

10      Penrith Central Business District Floodplain Risk Management Study and Plan           61

 

11      St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan     70

 

 

Outcome 6 - We are healthy and share strong community spirit

 

12      RFT19/20-36 Construction of Kingsway Sports Fields                                                    79

 

 

Outcome 7 - We have confidence in our Council

 

13      Caddens Road Upgrade - Dedication of Council Land for Road Widening Purposes    87

 

14      Caddens Road Upgrade - Easement for Electrical Purposes -Lot 499 DP 1197976     90

 

15      2020 Australian Local Government Association (ALGA) Annual General Assembly     94

 

16      Council Nursery Revitalisation Project - Easement for underground cables - Lot 112 DP774782                                                                                                                         97

 

17      Summary of Investment & Banking for the Period 1 January 2020 to 31 January 2020 101

 

18      Summary of Investment & Banking for the Period 1 February 2020 to 29 February 2020                                                                                                                                         109

 

 

 

 

 

 

 


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                       Page

 

1        Adoption of Penrith's Local Strategic Planning Statement  

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

 

2        Section 7.12 Development Contributions Plan for non-residential development

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

 

3        Penrith Development Control Plan 2014 Housekeeping Amendments for Public Exhibition

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                11

 

4        Draft submission to Fernhill Estate Future Use Options Paper                                       18

 

5        Planning Proposal 33-43 Phillip Street, St Marys

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                22

 

 

 

 

 

 

 



Ordinary Meeting                                                                                                23 March 2020

 

 

 

1

Adoption of Penrith's Local Strategic Planning Statement    

 

Compiled by:               Nicole Dukinfield, Principal Planner

Surreti Bajwa, Planner

Danielle Fox, Senior Planner

Elizabeth Hanlon, Senior Planner

Authorised by:            Kylie Powell, Director - City Futures  

 

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

 

Previous Items:           Endorsement of Penrith's Local Strategic Planning Statement for Assurance purposes - Ordinary Meeting - 24 Feb 2020     

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 adoption of Penrith’s Local Strategic Planning Statement (LSPS), following receipt of a letter of support by the Greater Sydney Commission (GSC).

 

At its Ordinary Meeting of 24 February 2020, Council resolved to:

·    endorse a revised LSPS for Assurance purposes following public exhibition;

·    submit the LSPS to the GSC as part of the Assurance Process with a request for approval to adopt the LSPS; and

·    receive a further report following the outcome of the Assurance Process.

 

The GSC wrote to Council on 16 March 2020 providing a letter of support that Penrith’s LSPS is consistent with the Greater Sydney Region Plan and Western City District Plan and may be made by Council. Prior to the issue of this letter, the Assurance Panel requested some minor amendments to the LSPS. These amendments are minor in nature and do not affect Council’s adopted policy positions.

 

It is recommended Council adopt the LSPS provided in Attachment 1. Council is required to adopt a LSPS by 31 March 2020 in line with contractual arrangements linked to funding for the LSPS and Local Environmental Plan (LEP) Review.

 

It is proposed to include the immediate actions of the LSPS into the 2020-21 Operational Plan, as this will both ensure implementation and establish an appropriate reporting regime.

Background

As a result of recent changes to the NSW planning legislation and the introduction of region

and district-level strategic plans, all Councils in NSW are required to prepare a LSPS.

 

On 23 September 2019, Council resolved to endorse for public exhibition a draft LSPS.

Public exhibition of the LSPS was undertaken from 30 September to 11 November 2019 and supported by a number of engagement activities to engage with the community.

 

Section 3.9 of the EP&A Act requires Council to receive in writing, confirmation from the GSC that the LSPS is consistent with the applicable region and district strategic plans, prior to adopting a final LSPS. Council has been a participant in the GSC’s Assurance Process to assist in meeting this requirement.

 

At the Ordinary Meeting of 24 February 2020, Council endorsed a revised LSPS, for Assurance purposes. The revised LSPS was submitted to the GSC on 25 February 2020, requesting approval to make a final LSPS in line with section 3.9 of the EP&A Act.

 

Assurance outcome

 

Following the GSC’s Assurance Panel assessment held on 3 March 2020, the GSC requested Council to make the following minor amendments to the LSPS, prior to the issue of a letter of support:

·    Adding further disclaimers on maps regarding the State Government’s proposed transport corridors being adapted from the Future Transport Strategy 2056 which may be subject to change;

·    Identifying the source of the population projections identified in the LSPS, being Informed Decisions (.id);

·    Clarifying that the emerging centres identified along the emerging North South Economic Corridor and North South Rail Link are for Council advocacy purposes; and

·    Amending the terminology of the rural ‘boundary’ to rural ‘edge’ to avoid confusion with the Metropolitan Rural Area.

 

These amendments are minor in nature and do not affect Council’s adopted policy positions.

Council was required to submit a revised LSPS to the GSC incorporating these amendments.

 

Following a further Assurance Panel assessment, the GSC wrote to Council on 16 March 2020 confirming that the GSC supports Council’s LSPS as being consistent with the Greater Sydney Region Plan and Western City District Plan under section 3.9 (3A) of the EP&A Act.  The letter of support also identifies a number of matters of detail regarding the implementation and review of the LSPS. Council will work through these matters with the GSC.

 

Following the advice of the GSC, it is recommended Council adopt the LSPS provided in Attachment 1. Should Council adopt the LSPS at the Ordinary Meeting, Council will meet the milestone outlined in the contractual arrangements requiring a LSPS to be adopted by 31 March 2020.

 

Future reviews of the LSPS

 

The LSPS is a long-term strategic land use plan that will guide future land use planning decisions over the next 20 years. However, it is anticipated that the LSPS will be an evolving document and undergo regular review, and currently reflects a point in time.

 

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, or as new information comes to hand such as the announcement of new station locations. 

 

Future amendments to the LSPS will require a new letter of support from the GSC prior to being made.

 

Implementation

 

The LSPS is guided by Planning Priorities and includes a series of actions to deliver on the Planning Priorities. The timeframes for delivering on the actions in the LSPS are aligned with Council’s relevant Delivery Program and Operational Plan timeframes being:

·    Immediate: 2020-21 Operational Plan

·    Short-medium: 2021-25 Delivery Program and associated annual Operational Plans

·    Medium-long: 2025 and beyond

 

To ensure the LSPS is implemented, its actions will be incorporated into the relevant Delivery Programs and Operational Plans. Following the adoption of the LSPS, immediate actions will be included in the 2020-21 Operational Plan which will be presented to Council to endorse for exhibition in late April. The plan will be exhibited in May and presented to Council in June for adoption. Including immediate actions in the Operational Plan will confirm timeframes, responsibility and a reporting regime that will give the community and State Government that Council is following through on its commitments.

 

Short to medium term actions will be included in the 2021-25 Delivery Program and subsequent Operational Plans prepared for each of the four years. It is also proposed to include a high-level outline of the way the LSPS will be implemented over the full four years of the Delivery Program and how it integrates with other key Council strategies. This will provide context for the implementation of the LSPS and outline indicative timings for all short to medium term actions.

 

Financial Implications

 

At the Ordinary Meeting of 23 July 2018, Council adopted and subsequently entered into a $2.5 million funding arrangement with the Department of Planning, Industry and Environment as part of the Accelerated Local Environmental Plan (LEP) Review program.

 

Per this agreement, Council is required to adopt a final LSPS by 31 March 2020 in order to achieve one of the key project agreements. This will allow specific milestone timeframes to be met and ensure that Council accelerates its LEP Review and LSPS to deliver favourable financial outcomes for Council.

 

Risk Implications

 

Other than the financial risk identified above, there are no other known risks.

Conclusion

At its Ordinary Meeting of 23 September 2019, Council resolved to endorse a draft LSPS for public exhibition.  Exhibition of the draft LSPS was held from 30 September to 11 November 2019, with extensive engagement activities held throughout the exhibition period to engage with the community and seek their feedback.

 

Following the exhibition period, Council considered the feedback received and at its Ordinary Meeting of 24 February 2020, resolved to endorse a revised LSPS for Assurance purposes. In line with section 3.9 of the EP&A Act, the revised LSPS was submitted to the GSC on 25 February 2020, requesting approval to make the final LSPS.

 

Following some further minor amendments, the GSC advised Council in writing that Penrith’s LSPS was consistent with the Greater Sydney Region Plan and Western City District Plan and may be made by Council. Following adoption of the LSPS, immediate actions will be incorporated into the 2020-21 Operational Plan, which will be presented to Council for endorsement for exhibition on 27 April 2020.

 

It is anticipated that the LSPS will be reviewed regularly, and Council will again be required to seek support from the GSC prior to finalising future amendments to the LSPS.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Adoption of Penrith's Local Strategic Planning Statement be received

2.     Council adopt the Local Strategic Planning Statement provided in Attachment 1.

3.     The immediate actions identified in the Local Strategic Planning Statement be incorporated into Council’s 2020-21 Operational Plan.

 

 

ATTACHMENTS/APPENDICES

1.

Penrith Local Strategic Planning Statement

120 Pages

Attachments Included

  


Ordinary Meeting                                                                                                23 March 2020

 

 

 

2

Section 7.12 Development Contributions Plan for non-residential development   

 

Compiled by:               Natalie Stanowski, Principal Planner

Authorised by:            Kylie Powell, Director - City Futures  

 

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 present a draft section 7.12 Development Contributions Plan for non-residential development (s7.12 Plan) for Councils endorsement to proceed to public exhibition.

The draft s7.12 plan has been developed as a result of a review of Councils development contributions framework. The review identified that with few exceptions, non-residential development (such as industrial buildings and commercial development) within Penrith LGA is currently not subject to the payment of development contributions, for the delivery of infrastructure.

We are now seeing growth in our established areas that are currently not subject to a Contributions Plan. There is an opportunity to generate funds through a new 7.12 plan to deliver a range of local infrastructure works across industrial and commercial precincts. The plan is proposed to apply to all non-residential development with a levy of 0.5% to apply to development with works costing greater than $100,000 and a 1% levy to apply to all works costing greater than $200,000. The plan will apply across the LGA, with the exception of precincts currently charged contributions for non-residential development. It is expected that the plan may achieve an income of $1.5m per annum, $15m over 10 years.

The plan has been prepared to be consistent with the requirements of the Environmental Planning and Assessment Act, 1979 (‘The Act’), EP&A Act Regulations and relevant practice notes. It is proposed that public exhibition of the draft plan be undertaken in accordance with the regulations and Councils Community Participation Plan. 

In addition to exhibiting the plan, we seek to concurrently engage with the Department of Planning, Industry & Environment (DPIE) to pursue the opportunity of obtaining a higher rate levy to fund an additional works list for a levy of 2%. The opportunity to seek a higher levy rate for the plan will be sought through a request to the Minister for Planning and Public Spaces.

Background

Councils Development Contributions Framework Review examined our existing contributions plans against the various forms of development we receive, to highlight any gaps Council may have in its framework. It was identified that non-residential development within our established areas are not subject to a contributions plan. The review noted that there are three locations in which contributions are collected for non-residential development: Penrith City Centre, Lambridge Industrial Estate (North Penrith) and the WELL Precinct. It is noted that previously Erskine Park Business Park was subject to a contributions plan, however the plan was completed and subsequently repealed.

Growth of non-residential development is being realised across our city and local infrastructure such as transport and access, public domain works and drainage is required to service this growth. A contributions plan for non-residential development would enable the collection of funds to provide for some this infrastructure. The implementation of such a plan is consistent with a number of other surrounding Councils.

A s7.12 plan is considered the best contributions mechanism for this type of development, as it enables a flexible approach to collecting contributions across Penrith Local Government Area (LGA), as development rates for non-residential development are not certain and may fluctuate. It is also less onerous to prepare a s7.12 plan than a s7.11 plan, as no nexus needs to be established between the development that pays the contribution and the works to be delivered. Voluntary Planning Agreements (VPAs) would be unlikely to be entered for the delivery of proposed works under the plan, due to the large collection catchment of the plan.

The draft s7.12 Plan has been prepared to apply to all non-residential development outside of Penrith City Centre, Lambridge Estate and WELL Precinct.

Plan Making

 

The draft s7.12 plan has been prepared to be consistent with the requirements of the EP&A Act, its Regulations and Development Contributions Practice Note, 2006. A copy of the draft plan is located in Attachment 1.

 

The EP&A Act allows money from a 7.12 plan to be applied towards capital costs for the provision, extension or augmentation of public amenities or public services. The works proposed in the plan all comply with this requirement.

 

What will the plan charge?

The plan will require the payment of a levy for development works with a value over $100,000. The table below details the levy applicable. This levy is set by the EP&A Act Regulations.

Cost of Works of Development

Applicable Levy

$0-$100,000

0

$100,001-$200,000

0.5%

$200,001

1%

As an example, a development costing $150,000 to develop will be required to pay $750 in contributions under the plan. A large development costing $10 million to develop would be required to pay $100,000 in contributions.

Where will the plan apply?

The plan will apply to all works involving non-residential development. This includes new buildings, additions and expansions, change of use, renovations etc costing greater than $100,000. The plan will not apply to Penrith City Centre, Lambridge Estate and the WELL Precinct. As per the requirements of The Act, Regulations and best practice, the Plan will not apply to the following works including:

·    Works for the purpose of disabled access;

·    For the purpose of reducing a building’s use of potable water (where supplied from water mains) or energy;

·    For the sole purpose of the adaptive reuse of an item of environmental heritage;

·    That has been the subject of a condition under section 94 under a previous development consent relating to the subdivision of the land on which the development is to be carried out;

·    Works by or behalf of public authorities.

·    Repair and replacement of structures impacted by natural forces and unpreventable events such as fire, flooding, earthquakes, lightning etc.

What works will be delivered by the plan?

Works proposed to be funded by the plan have a strong relationship to industrial and commercial development in our established areas. These works have been previously identified as being necessary to be delivered, but until this time, have not been funded. The works have been distributed across the LGA and are located in all industrial and main commercial areas. Refer to Attachment 1 for a detailed list and maps of works. The following provides a summary of the works:

Traffic Works

Traffic works proposed are based on a traffic projects works list that identifies local and strategic traffic projects across the LGA that are required to be delivered but are yet to receive funding. State Roads have been excluded. From this list we have identified works in industrial and commercial locations. Due to the income limitations of the plan, only 75% of the estimated cost of traffic signals at Emu Plains will be collected under the plan. We will seek other funding sources such as grants in order to reconcile the shortfall.

Active transport and Bike

The Penrith Accessible Trails Hierarchy Strategy (PATHS) identified a number of shared pathways for delivery across Penrith LGA. The plan includes a number of these works where they relate to commercial and industrial precincts.  

Bus Shelters

Consistent with Councils bus stop audit, funding has been set aside in the plan for the upgrade and delivery of new bus stops within commercial and industrial precincts.

Floodplain Risk Management Works

Council has recently undertaken a number of Floodplain Risk Management Plans across the LGA. The plans have recommended a number of drainage related works that may benefit commercial and industrial locations, and these have been included in the plan. Due to the income limitations of the plan, 75% of the estimated cost of flood mitigation work on Queen Street St Marys will be collected under the plan. We will seek other funding sources such as grants to order to reconcile the shortfall.

Lighting

The Kingswood Pedestrian Lighting Strategy, endorsed by Council in 2019, reviewed lighting in Kingswood in order to promote pedestrian safety, amenity, way finding and enhancing the experience of the Kingswood Traders Precinct at night. Stage 2 of the Strategy, incorporating works in Chapman Gardens, is included in the plan.

Streetscape & Tree Planting

Consistent with Council’s Cooling the City Strategy, funding has been set aside in the works list for the delivery of street trees within Industrial and Commercial locations. This will enhance the experience of place for those visiting or working in these locations and importantly increase canopy cover.

Gross Pollutant Traps (GPT)

A 2016 audit of all GPT’s across the LGA has informed the works list. Works in Erskine Park have been proposed due to their high priority and detailed design work has been already been prepared for Templar Road, making it a project that is ready to deliver.

How much will the plan raise?

Based on a review of the past 5 years of development applications for non-residential development and accounting for future growth, it is expected that the plan could collect approximately $1.5m per annum over the life of the plan ($15m over 10 years). It is proposed that the Plan include works up to the value of $20m to ensure flexibility where the plan collects more contributions than expected.

Obtaining a Higher Levy Rate

While a plan with a 1% levy can be made by Council, we also have the ability to seek a higher levy amount through a request to the Minister for Planning and Public Spaces. Such a request requires a large amount of work to provide justification for the need for higher rate. It is our understanding that the approach can take over 12 months to complete and requires justification comparable to that required for a 7.11 plan. We are not aware of any other Councils that have obtained a higher levy rate for development outside core city centres. The highest levy made by the Minister for these locations is 3%. Considering our anticipated future growth and the influence of our proximity to Western Sydney Airport, a higher levy request should be pursued.

In order to ensure a plan is in place as quickly as possible to collect contributions for non-residential development, we seek to exhibit and adopt a 7.12 plan (with a 1% levy) by mid-2020. We seek to concurrently engage with DPIE to pursue the opportunity of obtaining a higher rate levy to fund an additional works list of 2%. A draft proposed additional works list is located in Attachment 2. We propose to undertake this concurrently due to the risk that a higher levy will take time to be considered or approved by the Minister.

Public Exhibition

 

The draft plan is proposed to be exhibited consistent with the requirements of the Regulations and Councils Community Participation Plan (CPP).

 

The draft plan will be exhibited for a period of 28 days and available for review on Councils website, at Councils Civic Centre and Penrith and St Marys libraries. A public notice will be placed in the local newspaper providing details of the exhibition.

 

Financial Implications

 

The financial implications of this report relate to any potential future income that may be received if Council is to proceed with making the s7.12 Plan.

The plan assumes an income of approximately $1.5m per annum, $15m over the life of the plan which is based on historical data trend plus predicted growth. Once this plan has been exhibited and adopted by Council this income will be factored in to the current operational budget.

Risk Implications

There are no identified risk implications associated with this report.

Conclusion

The timely delivery of local infrastructure within Penrith LGA is important to support our community. In order to do so, a comprehensive contributions framework is required to plan for, deliver and manage this process. A review of our current contributions framework has been undertaken and has recommended an Action Plan to deliver a revised framework that will be able to deliver the infrastructure we need to support the growth of our city into the future.

 

As a result of the Action Plan, a draft s7.12 plan has been prepared for non-residential development, which is currently not subject to the payment of contributions. It is envisaged that this plan will deliver up to $15m over 10 years and will enable the funding of traffic, flood management and public domain works across industrial and commercial precinct of Penrith LGA.

Next Steps

The next steps for the making of the draft s7.12 plan are:

·    Public exhibition of the draft plan for a period of 28 days in accordance with Councils community participation plan and Environmental Planning & Assessment Act Regulations.

·    Prepare a report to Councils on the submissions received during the public exhibition.

·    Engagement with DPIE regarding the pursuance of a higher levy rate for the plan.

 

RECOMMENDATION

That:

1.     The information contained in the report on Section 7.12 Development Contributions Plan for non-residential development be received

2.     Council endorse the draft Section 7.12 Development Contributions Plan for non-residential development for public exhibition.

3.     The plan is exhibited for a period of 28 days and undertaken in accordance with the requirements of Councils Community Participation Plan and the Environmental Planning & Assessment Act Regulations.

4.     A report be presented to Council on submissions received during the public exhibition.

5.     Council adopt the draft additional works list for a higher rate level in order to commence discussions with the Department of Planning, Industry and Environment on pursuing a greater rate levy for this Plan.

 

 

ATTACHMENTS/APPENDICES

1.

Draft Penrith Section 7.12 Development Contributions Plan for non-residential development

33 Pages

Attachments Included

2.

Draft Additional works list for higher levy rate

1 Page

Attachments Included

  


Ordinary Meeting                                                                                                23 March 2020

 

 

 

3

Penrith Development Control Plan 2014 Housekeeping Amendments for Public Exhibition   

 

Compiled by:               Natalie Stanowski, Principal Planner

Breannan Dent, Planner

Madison Foster, Planner

Natalie White, Planning Information Officer

Authorised by:            Kylie Powell, Director - City Futures  

 

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

 

Previous Items:           Report and Recommendations of the Access Committee Meeting held on 8 February 2017 - Ordinary Meeting - 27 Feb 2017

                                      Amendments to Penrith Development Control Plan 2014 - Multi Dwelling Housing and Boarding Houses - Policy Review Committee - 09 Jul 2018     

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 to publicly exhibit amendments to Penrith Development Control Plan (DCP) 2014. The proposed DCP amendments are considered ‘housekeeping’, due to being minor in nature or seek further clarification consistent with existing and endorsed Council position and State policies.

Proposed amendments include:

·    Incorporating controls for adult change facilities to ensure the DCP addresses the need for accessible public spaces.

·    Updating Vegetation Management controls in response to recent State Environmental Planning Policy (SEPP) changes.

·    Updating Outdoor Dining and Trading controls to reflect and support Council’s recently adopted Outdoor Dining Policy and Guidelines.

·    Updating Boarding House controls and to provide greater support and clarification on Council’s position on this type of development.

·    Removing Notification and Advertising, as this has now been superseded by Council’s recently adopted Community Participation Plan (CPP).

These housekeeping amendments form the first of a number of proposed staged amendments to the Penrith DCP 2014. The amendments proposed have been progressed ahead of a comprehensive review of DCP 2014 as they support and compliment Council’s established position or state policies that are currently in force.

It is proposed that public exhibition will be undertaken in accordance with the Environmental Planning & Assessment Act, 1979 (‘The Act’) and the CPP.

Background

Council has a suite of plans and policies that assist in the planning and delivery of the built environment across Penrith Local Government Area (LGA). Council’s Local Environmental Plan 2010 (LEP 2010), Development Control Plan 2014 (DCP 2014) and soon to be adopted Local Strategic Planning Statement (LSPS) set out the framework to deliver effective land use planning across our community. These plans are established under the Environmental Planning and Assessment Act 1979 (‘The Act’).

 

Penrith DCP 2014 is Council’s current plan that facilitates development permitted under LEP 2010. DCP 2014 sets out Councils objectives and development controls on what built form and environmental outcomes are acceptable for different land uses and development types. Applicants must demonstrate compliance with these controls when they propose new developments.

 

A full review of DCP 2014 is required to respond to the large amount of strategy work underway such as the LSPS and our program for an LEP Review. Other factors that have influenced the need for a DCP review include strategic planning, need for more contemporary controls to reflect community needs, recent legislation and standardisation changes. The DCP Review will establish a contemporary set of development controls that will guide future built form outcomes for Penrith City. The review will be an extensive project that considers every element and control of DCP 2014, representing a wholesale review and restructure of the plan. The DCP program will be undertaken in 3 stages, the first being the amendment subject to this report, secondly a comprehensive review and finally at the completion of Councils strategy program, if controls have been identified to be amended to realise strategy outcomes. These are intended to align with the LEP Review.

Proposed DCP Amendments

The housekeeping amendment covers five key matters including adult change facilities, tree and vegetation management, outdoor dining and trading, boarding houses and community engagement. A copy of the draft DCP 2014 amendments is provided as an enclosure to this report. Each of the matters included in the draft DCP amendment are detailed below:

 

Adult Change Facilities

Council has a strong record for being a leader in the advocacy and delivery of adult change facilities. Consistent with this, Council resolved at its meeting of 27 February 2017 that ‘all future city and town centre amenities are to have adult change facilities incorporated as standard’.

 

In 2019, a change to the National Construction Code (NCC) was made to include standards for the provision of adult change facilities in certain types of buildings including:

a.   Class 6 building that is a shopping centre with an occupancy of 3,500 people,

b.   Class 9b sports venue or the like that—

I.    has an occupancy of not less than 35,000 spectators; or

II.   contains a swimming pool that has a perimeter of not less than 70 m and that is required to be accessible,

c.   museum, art gallery or the like having an occupancy of not less than 1,500 patrons,

d.   theatre or the like having an occupancy of not less than 1,500 patrons; and

e.   passenger use area of an airport terminal building within an airport that accepts domestic and/or international flights that are public transport services as defined in the Disability Standards for Accessible Public Transport 2002.

 

While these standards are supported, we believe that a number of additional building types that are publicly accessible should be required to install an adult change facility, above and beyond the NCC, to ensure that they can meet the needs of people with a complex or profound disability.

 

An amendment to C1 Site Planning and Design Principles of the DCP is proposed to incorporate a new section on Adult Change Facilities. This section will include other building types (in addition to the NCC) and specify standards for their construction and operation, to be consistent with the NCC. The controls are not intended to override the NCC, but rather compliment its standards. To our knowledge, we would be the first Council in NSW to incorporate such provisions into a DCP.

 

The proposed amendment will:

·    Set conditions for provision of adult change facilities in specific publicly accessible buildings.

·    Apply NCC requirements to the following development types regularly accessed by the public, in addition to those already required by the NCC:

-     All Shopping Centres with a capacity of 3,000 people or more.

-     Multi-tenanted specialised retail premises developments (bulky goods developments) that are of a scale that they are considered a retail destination.

-     Major Recreation Facilities (sports stadiums, theme parks)

-     Large entertainment facilities.

-     Large Clubs and Pubs.

·    Provide clarification on the design of the facilities.

We intend to continue to work with Councils Access Committee during the exhibition of the draft amendment to further refine the controls where necessary.

 

Tree and Vegetation Management

Legislative amendments including the introduction of State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (Vegetation SEPP) have changed the way applications for tree and vegetation removal on private land are assessed. As a result of this, an amendment to C2 Vegetation Management controls in DCP 2014 is necessary to ensure the DCP is consistent with the new legislation. The proposed amendments seek to update the existing Vegetation Management controls to make the DCP controls consistent with the requirements of the Vegetation SEPP.

 

The following development controls changes are proposed to ensure the DCP is consistent with the SEPP:

·    Updating of reference terms and legislative references.

·    Condense section objectives and include a new objective recognising the importance of Cooling the City.

·    Remove references to a historical chapter of Penrith Local Environmental Plan 2010.

·    Clarify what is considered prescribed vegetation.

·    Reflect updates to relevant Acts pertaining to biodiversity and vegetation management.

·    Update legislative approval requirements for tree and vegetation removal on private land (e.g. Development Consent, Vegetation Permit or Native Vegetation Panel).

·    Include Biodiversity Offset Scheme approval requirements where clearing/removal exceeds area clearing thresholds, or is located on land identified by the Biodiversity Values Map.

·    Update and add further approval/vegetation permit exemptions such as: e.g. new pruning exemptions & increased exemption within proximity to dwellings from 2m to 3m. The draft DCP increases the number of exemptions from 11 to 20.

·    Clarify application submission information requirements to reflect legislative changes e.g. Flora & Fauna Test of Significance and Biodiversity Development Assessments.

·    Update controls to be more consistent with relevant Australian Standards e.g. AS 4970-2009 Protection of Trees on Development Sites & AS 4373-2007 Pruning of Amenity Trees.

 

Outdoor Dining and Trading

As a result of updated legislation and the adoption of Council’s new Outdoor Dining Policy (ODP) (adopted on 29 June 2019), updates to C8 Public Domain, 8.4 Outdoor Dining and Trading Areas controls in the DCP are required.

 

Council’s Outdoor Dining Policy and Guideline is only applicable to development on public and community land, as footpaths. Outdoor dining and trading on private land, operational land or land that isn’t exempt under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, is subject to a development application and Councils DCP.

 

The proposed amendments seek to align Council’s DCP with the adopted Outdoor Dining Policy and Guidelines, specifically in respect to ensuring a clear and predictable path of travel along public footpaths.

 

The amendments include:

·    Improving readability of the DCP section by reordering existing sections.

·    Amending minor wording and formatting errors to improve readability and consistency.

·    Removing duplications with the Outdoor Dining Policy relating to approvals processes.

·    Amending numerical and furniture style and presentation controls to be consistent with Outdoor Dining Policy Requirements.

·    Setting requirements for Outdoor Dining and Trading areas to provide a predictable and clear path of travel for pedestrians.

·    Controls for height and safety of outdoor trading displays to be consistent with the requirements for outdoor dining furniture and improve pedestrian safety.

·    Improving consistency with existing approval and regulations by simplifying the “approvals” section of the DCP.

The amended controls will improve safety and amenity outcomes for the community and increase clarity in approval processes for local businesses. The updated controls are consistent with the Outdoor Dining Policy and apply where a development application is necessary.

 

Boarding Houses

Council adopted specific controls for Boarding House development in December 2018, as DCP 2014 did not provide controls for this form of development and there was a significant rise in the number of applications received.

 

While stage 2 of the DCP review will undertake a further comprehensive examination of boarding house controls, there are a small number of controls that require urgent clarification and minor amendments. This is primarily to ensure that developments relate to the bulk and scale of residential areas, in the context of the existing and desired future character of the area. The proposed changes provide greater support and clarification on Councils position on this type of development.

 

Part D5, Other Land Uses to refine 5.11 Boarding House controls has been updated to clarify or introduce numerical standards relating to boarding houses in certain zones. The proposed amendments are designed to complement the State Environmental Planning Policy (Affordable Rental Housing) 2009. The amendments will provide clarification and support for existing controls and desired outcomes for Boarding House development.


The proposed amendments include:

·    Clarification that boarding houses are not to impede access to adjoining properties receiving 3 hours daylight access to living rooms and private open space.

·    Clarifying specific numerical setback and landscaped area controls that apply to boarding houses in particular zones. These have been derived from current controls in the residential part of the DCP and reflect the bulk and scale character sought in each zone.

·    Identifying a numerical control for the achievement of cross ventilation in common areas of a boarding house.

·    Identifying a minimum area requirement for communal kitchens, depending on the scale of the boarding house.

·    Identifying minimum deep soil area provisions for front setbacks to ensure that boarding houses are consistent in character with surrounding development.

 

In addition to the proposed DCP amendments, officers will continue to work with the Department of Planning, Infrastructure & Environment (DPIE) in relation to broader review of issues associated with the affordable housing SEPP.

 

Community Engagement

Council endorsed the Community Engagement Strategy and Community Participation Plan (CPP) on 25 November 2019. The CPP was prepared under the requirements of the Act.

 

Previously, the Act and regulations required DCP’s to specify notification and advertising requirements for development applications. The Act was amended to require the preparation of a CPP, which is to supersede and replace controls in DCP 2014 Appendix F4 for Notification and Advertising.

 

The report to Council on 25 November 2019 identified the need to remove Appendix F4 from DCP 2014 to prevent duplication of the updated controls now provided in the CPP. As such, the proposed controls do not represent a policy change.

 

Public Exhibition

The draft plan is proposed to be exhibited consistent with the requirements of the Act and the CPP. The draft plan will be exhibited for a minimum of 28 days and available for review on Councils website, at Councils Civic Centre and Penrith and St Marys libraries. A public notice will be placed in the local newspaper providing details of the exhibition.

During the public exhibition, Council will seek community comments on the proposed amendments. These comments will then be considered and the outcomes of community consultation will be reported to Council before the amendments are endorsed.

 

Financial Implications

There are no financial implications for Council associated with this report.

 

Risk Implications

The risk of not completing amendments is that Council’s DCP will not align with existing State and Local policies and Plans. The amendments will remove this risk by creating consistency with the relevant legislation and plans, and by clarifying Council’s existing position on these matters.

 

Conclusion

The proposed housekeeping amendments to Penrith DCP 2014 are an interim measure to update the DCP in relation to adult change facilities, tree and vegetation management, outdoor dining and trading, boarding houses, and community engagement. Further amendments will be undertaken through the course of the broader DCP Review.

This report seeks Council’s endorsement to publicly exhibit amendments to Penrith Development Control Plan (DCP) 2014 to:

·    Incorporate controls for adult change facilities in C1 Site Planning and Design Principles.

·    Update C2 Vegetation Management.

·    Update C8 Public Domain, 8.4 Outdoor Dining and Trading Areas.

·    Update part D5, Other Land Uses to refine 5.11 Boarding House controls.

·    Remove Appendix F4 – Notification and Advertising.

The proposed amendments will achieve better outcomes for future development for both Council and the community, by providing clearer and more consistent planning controls.

 

Next Steps

The next steps for the making of the draft Housekeeping DCP are:

·    Public exhibition of the draft plan for a period of 28 days in accordance with the Act and CPP.

·    Prepare a report to Council on the submissions received during the public exhibition.

·    Continue to progress stage 2 of the Penrith DCP Review.

 

RECOMMENDATION

That:

1.     The information contained in the report on Penrith Development Control Plan 2014 Housekeeping Amendments for Public Exhibition be received.

2.     The General Manager be authorised to make any minor changes to the draft Penrith Development Control Plan 2014 prior to exhibition.

 

 

3.     Amendments to draft Penrith Development Control Plan 2014 be publicly exhibited, in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979 and associated Regulations and Councils Community Participation Plan.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting                                                                                                23 March 2020

 

 

 

4

Draft submission to Fernhill Estate Future Use Options Paper   

 

Compiled by:               Carlie Ryan, City Deal Manager

Axel Moline, Coordinator - City Marketing

Authorised by:            Kylie Powell, Director - City Futures  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

Represent the changing needs of our growing community to other levels of government

      

 

Executive Summary

Following the acquisition of Fernhill Estate by the NSW Government in 2018, the Department of Planning, Industry and Environment (DPIE) has prepared a draft Future Use Options Paper (Options Paper) (Attachment 1) outlining potential future uses that would open Fernhill Estate for public use. DPIE are seeking comments on the Options Paper and a draft Conservation Management Plan (CMP) (Attachment 2), outlining the heritage and conversation values of Fernhill Estate that must be protected in the future.

 

The Options Paper and CMP were placed on public exhibition in December 2019, and comments are being sought until 3 April 2020. Interested organisations and individuals are also invited to provide a submission on any matter relevant to the future options provided for Fernhill Estate. Submissions to the Future Options Paper will inform a Plan of Management for Fernhill Estate.

 

Council has long held a vision that Fernhill’s unique offering be preserved and celebrated through appropriate activation that allows greater public access without jeopardising its iconic attributes and idyllic rural setting.

 

Council officers have previously briefed councillors on the Options Paper and have now prepared a submission for Council’s consideration. The Fernhill Estate Future Use Submission (Attachment 3) outlines the significant opportunities that exist at Fernhill in a community, tourism and recreational sense, as well as issues that should be addressed in the long-term planning for Fernhill. It is recommended that Council endorse the attached response / submission and forward it to DPIE for its consideration. 

Background

Fernhill Estate is in Mulgoa Valley, approximately 10 kilometres south west of Penrith in Western Sydney. Within the 412 hectares of Fernhill Estate is the historic homestead which is one of Australia’s finest examples of Georgian architecture. The existing historic gardens, paddocks and surrounding bushland provide an opportunity to create new public open space at the gateway of the Blue Mountains National Park and the Nepean River. Council has long held a significant interest in the future uses of Fernhill.

 

A number of events including weddings, a picnic race meeting and concert were held at Fernhill, however, in 2017 Fernhill returned to the market. Sydney's Rookwood General Cemeteries Reserve Trust expressed an interest in purchasing the site for use as a cemetery and crematorium, which was strongly opposed by Council and the community.

 

In 2018, the NSW Government acquired Fernhill Estate and subsequently, two adjacent properties, bringing the site into public ownership. Since the properties were acquired, the Office of Strategic Lands (OSL) has carried out essential repairs to the estate’s building and fencing, while continuing to lease the equestrian centre. Concurrently, work to identify future uses of Fernhill Estate has begun.

 

Current Planning Controls

Fernhill falls under two zonings with the western portion E2 (Environmental Conservation) and the eastern section, including structures and the homestead E3 (Environmental Management) in the Penrith Local Environmental Plan 2010. The Options Paper largely focuses on the portion zoned E3. Predominantly, the lands zoned E2, are subject to several Biobanking Agreements, and it is recommended in the Options Paper that this be continued.

 

Future Uses identified in Options Paper

The possible future uses identified for consideration in the Options Paper by DPIE include:

·    Cultural and activities (e.g. museum, café or function venue)

·    Equestrian (e.g. race events)

·    Events (e.g. markets or concerts)

·    Agricultural (e.g. vineyard or education facility).

·    Passive Recreation (e.g. Open space and parklands or Botanical Gardens)

·    Other uses, including potential not-for-profit:

Animal shelter / Wildlife sanctuary;

Research / Education facility; and

Biobanking area – bushwalking.

 

Summary of Submission

 

Council has long held a vision that Fernhill’s unique offering be preserved and celebrated through appropriate activation that allows greater public access without jeopardising its iconic attributes and idyllic rural setting.

 

In response to the Options Paper and CMP, Council’s position on the future use of the Estate is that it has long-term potential as a tourism destination, year-round passive recreation space for the community, events destination and maximise the potential of current land uses (such as equestrian facilities).

 

Council’s submission, addresses the following themes, including:

·    Tourism, events and supportive infrastructure and the need for ongoing maintenance and funding mechanisms to support these works,

·    Year-round community access to rural open space & passive recreation,

·    Diversifying equestrian infrastructure sustainably, and

·    Considerations across: recreation and open space, water management, biodiversity, history & heritage, traffic and transport.

 

Future land use, such as the option of an events location, needs to be managed to minimise the impact on aspects such as heritage and the environment. This means that future uses will need to relate to the built and landscape features, with a focus on balance between heritage, public use and long-term viability. The Estate is large enough that together with an events/tourism use, other uses complementary with the landscape could be supported including a permanent outdoor sculpture museum.

 

Additionally, Fernhill has the potential to provide a solution for existing entities, such as Riding for the Disabled Association Nepean, that are in need of a safe, secure, long-term location.

 

Council’s Heritage Advisory Committee (HAC) considered the Options Paper and CMP at its meeting of 19 February 2020 and were strongly in favour of activating the site. Council’s Heritage Advisor’s opinion is that the site’s outstanding heritage value is its intactness as a colonial homestead with its early land curtilage intact. There are arguably very few sites in the greater Sydney Cumberland Plains area that have retained their original agricultural curtilage from the early colonial era. The HAC recommendations and Heritage Advisor’s advice have been incorporated into the Submission.

The CMP refers to a Costed Maintenance Plan in the appendix, however this document has not been provided for review. The Submission requests that the Costed Maintenance Plan should be for a minimum of 25 years and thoroughly detailed. To this end, it should include mechanisms for ongoing funding such as establishing a fund to return income from activities on the Estate towards maintenance over time. The final version of the CMP will need to be approved by the Heritage Branch of the NSW Government and contain an agreed-upon management approach for the site. Any future activities on the site will need to be consistent with the CMP.

 

Financial Implications

There are no financial implications for Council associated with this report.

Risk Implications

There are no risk implications for Council associated with this report.

 

Conclusion

 

The opportunity to transform Fernhill Estate into a significant tourism destination is an incredibly valuable opportunity. It will provide employment, fits with our existing tourism offering and will help change the way people think about Penrith. Council’s position is that the future use of Fernhill has long-term potential as a tourism destination, leveraging the current land uses and potential as an event hub, new home for Riding for the Disabled Nepean, outdoor sculpture museum and low impact activity in the BioBanking area.

 

We believe the best way to achieve this is to open the site year-round to the public, and

maximise the current offering. Any future uses of the site must be planned and considered with respect to Fernhill’s location in the Mulgoa Valley and the existing character of the area and supported by appropriate infrastructure upgrades to ensure amenity is maintained.

 

Council officers have prepared a Submission (Attachment 3) for the Department of Planning, Industry & Environment, and are seeking endorsement from councillors tonight prior to finalising the submission. Submissions to the Options Paper will inform a Plan of Management for Fernhill Estate. The final version of the CMP will need to be approved by the Heritage Branch of the NSW Government and contain an agreed-upon management approach for the site. Any future activities on the site will need to be consistent with the CMP.

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Draft submission to Fernhill Estate Future Use Options Paper be received

2.     Council endorse the Fernhill Estate Future Use Submission to be provided to Department of Planning, Industry & Environment for consideration.

 

 

ATTACHMENTS/APPENDICES

1.

Future Use Options Paper

18 Pages

Attachments Included

2.

Draft Fernhill Estate Conservation Management Plan

242 Pages

Attachments Included

3.

Fernhill Estate Future Use Submission

12 Pages

Attachments Included

  


Ordinary Meeting                                                                                                23 March 2020

 

 

 

5

Planning Proposal 33-43 Phillip Street, St Marys   

 

Compiled by:               Madison Foster, Planner

Natalie Stanowski, Principal Planner

Authorised by:            Kylie Powell, Director - City Futures  

 

Outcome

We plan for our future growth

Strategy

Protect the City’s natural areas, heritage and character

Service Activity

Ensure our strategic planning responds to the requirements of the Greater Sydney Commission’s District Plans

     

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

 

Executive Summary

The purpose of this report is to present the outcomes of the public exhibition and public authority referrals for the Planning Proposal relating to 33-43 Phillip Street, St Marys, known as Station Plaza and seeks Council’s endorsement to adopt the Planning Proposal and consider the letter of offer to enter into a Voluntary Planning Agreement (VPA).

 

The Planning Proposal seeks to amend Penrith Local Environmental Plan (LEP) 2010 by increasing the maximum building height from 32 metres to 61 metres and increasing the floor space ratio for the site from 3.5:1 to 5.5:1.

 

The Planning Proposal was placed on public exhibition from 19 September 2019 to 18 October 2019. Public authorities identified in the Gateway Determination were consulted concurrently. Council received a total of 3 community submissions during the consultation process. The key issues raised in submissions received are addressed in this report. These relate to matters regarding parking, overshadowing, traffic, future development on the site, availability of green space, utility capacity and heritage.

 

After a period of negotiation with the proponents, a letter of offer has now been received by Council that commits the proponent to deliver traffic infrastructure works and the provision of affordable housing in addition to public benefits by way of embellishment and dedication of public space between Phillip and Station Street and a monetary contribution towards facility upgrades at Bennett Park. This report addresses all public agency comments and seeks Council’s endorsement to adopt the Planning Proposal, subject to the VPA being signed.

Background

At the Policy Review Committee meeting of 14 May 2018, Council resolved to endorse a Planning Proposal for amendments to the Height of Building and Floor Space Ratio maps in Penrith LEP 2010 at 33-43 Phillip Street, St Marys, known as Station Plaza. A map of the subject land is provided as Appendix 1.

 

A Gateway Determination was received on 27 August 2018 from the Department of Planning, Industry and Environment (DPIE). Council has received delegation to make the plan.

 

The subject land is zoned B4 Mixed Use under Penrith LEP 2010. The Planning Proposal (provided as a separate enclosure) does not seek to change the zone. Any future redevelopment of the site utilising the proposed LEP controls, could be up to 20 storeys high and contain 600 apartments, 8,300m2 of retail and commercial floor space and car parking to service the development. Any future development of the site would require development consent.

 

The proposed redevelopment of the site would:

 

·    Deliver new homes, including more affordable options with a range of apartment designs, close to jobs, shops and services.

·    Support and promote the use of existing and proposed public transport by locating new homes and businesses next to an existing rail and bus station.

·    Create new jobs, including at least 835 construction jobs and 583 jobs in the shopping centre. This is about 320 more jobs than the shopping centre currently provides.

·    Increase activity, spending and the demand for new shops and services across the Town Centre (because of the increased workforce and new residents).

·    Deliver an improved designed development than the current shopping centre, that activates local streets and improves the public domain.

 

Local Planning Panel Advice

A report on this Planning Proposal was not required to be presented to the Local Planning Panel, as the Planning Proposal was endorsed by Council ahead of the new requirements to seek advice from the Panel from 1 June 2018.

 

Gateway Conditions for Traffic Matters

The proposal was required by the Gateway Determination to consider the planned future growth of the St Marys Centre, including recommendations of the Western City District Plan in respect to traffic and transport impacts.

 

Working with Transport for NSW (TFNSW), traffic modelling was undertaken on key intersections in the town centre. A number of traffic works, including intersection improvements to both local and state roads were recommended to accommodate future traffic volumes for the St Marys Town Centre Precinct.

 

Further traffic modelling was undertaken regarding future vehicle movements from the planning proposal site in order to assess the impact of the proposal on traffic in the town centre. The study identified that while the existing road network generally has the ability to accommodate traffic generated by the proposal, some new infrastructure at key locations is required to support any future development. Identified traffic works required to support the development include:

·    Signalised intersection and site access at Phillip Street/Blair Avenue.

·    Capacity improvements at the Chapel Street/Glossop Street intersection to accommodate the creation of an additional right-hand turn lane.

 

Council does not currently have a development contributions plan that collects for road infrastructure upgrades in St Marys Town Centre, such as those needed as a result of this planning proposal. As a result, the applicant has submitted a letter of offer to enter into a Voluntary Planning Agreement (VPA) with Council to secure the above infrastructure works, amongst other public benefits.

 

TFNSW has provided comment and indicated that the proposed signalisation would be subject to meeting warrants and an updated warrants assessment. The intersection upgrade is required in conjunction with the planning proposal, as such the proponent and Council will work together to complete this updated warrant assessment prior to a VPA being prepared. Whilst the planning proposal would set the expectation of the required intersection upgrades, this would be reassessed at DA stage.

 

It is intended that we would finalise any VPA arrangement for the above works prior to the planning proposal coming into force.

 

Affordable Housing

 

The provision of affordable housing is a key priority within the District Plan and Councils Local Strategic Planning Statement (LSPS). Both documents seek to increase the provision of affordable rental housing in suitable locations in Penrith LGA. St Marys town centre is an ideal precinct for the location of affordable rental housing, due to its current proximity to transport and services and future connection of the North/South rail link.

 

Council does not have an affordable housing policy specific to our town centres at this time, however we have established affordable housing requirements within our sustainability blueprint for release areas. The blueprint requires a minimum of 3% of dwellings to be provided for the purposes of affordable housing. 

 

Consistent with the Blueprint, the proponent has offered to provide 9 units for affordable housing in perpetuity. This equates to 3% of units that are a result of the uplift of planning controls. The housing will be secured through a VPA.

 

Letter of offer to enter into a VPA for the delivery of Public Benefits

Further to the above traffic infrastructure works and affordable housing proposed to be delivered under a VPA, the proponent has offered to deliver and contribute towards other public purposes in respect to the provision and embellishment of public open space and include:

 

·    Dedication of Public Plaza of 1,316sqm at no cost to Council;

·    Embellishment of the Public Plaza to Councils’ specifications and standards;

·    A 5-year maintenance period of the Public Plaza; and

·    A $655k cash contribution towards the upgrade of open space facilities at the nearby Bennett Park.

 

The total value of the above works, excluding traffic works and affordable housing is approximately $2.8 million. The letter of offer is provided in Appendix 2. A map of the proposed public plaza is provided in Appendix 3.

 

The dedication and embellishment of a public plaza will provide a publicly accessible link between Phillip Street and St Marys transport interchange, which is required under Penrith DCP 2014. The contribution towards works at Bennett Park will deliver several planned upgrade works identified under the draft Penrith Sport and Recreation Strategy and will support facilities for a growing St Marys population. It also recognises the need for public space and pedestrian connections to the St Marys Interchange, a significant precinct, to be further built upon by the North/South rail link.

 

It is noted that section 7.11 contributions towards cultural facilities, local and district open space will be requested in addition to the VPA offer. The total value of open space contributions would be $1.6m. Cultural Facility contributions would be $104,000. Total contributions payable for a future development would be approximately $1.7m.

 

Councils Community Infrastructure Policy was used as a benchmark to assess the offer provided in the letter of offer. Based on the policy, the subject proposal would provide an infrastructure rate of $3.5m (based on $150sq/m). Factoring in a lower floor space rate for St Marys (based on $120sq/m), the offer of $2.8m is considered reasonable.

 

In total, the proposal would provide approximately $4.5m towards public open space and community infrastructure, in addition to required traffic works and affordable housing.

 

A draft VPA will be prepared and notified and reported to Council for consideration and execution.

 

Public Exhibition and Submissions

Public exhibition of the Planning Proposal commenced on Thursday 19 September 2019 and concluded on Friday 18 October 2019. During the public exhibition, three submissions were received from the community objecting to the proposed amendments.

 

The submissions raise several issues, and these are summarised in the following table:

 

Issue

Response

Development will lead to overshadowing on adjoining residential buildings, adversely affecting health

 

 

The planning proposal can demonstrate that the proposed increase in height and floor space does not result in an overshadowing impact on surrounding properties that is greater that what is permitted under both Penrith Development Control Plan 2014 and State Environmental Planning Policy 65 Design Quality of Residential Apartment Development.

 

A shadow impact study was provided in the planning proposal showing shadow impacts from 9-3pm on the winter solstice (shortest day of the year).The Urban Design Report and supporting shadow diagrams identify that the potential bulk and scale of a future development can be designed and arranged to minimise overshadowing of neighbouring residential areas to the east and south by amending height of towers from the north to the south of the site and deliver satisfactory residential amenity in relation to noise, access to light and natural ventilation.

 

This will enable buildings surrounding the property to generally receive around 3 hours of direct sunlight during the day, depending on the location of the dwellings.

 

This will be further assessed as part of a future development application.

 

Capacity of road infrastructure is not adequate to support increased use of subject land.

 

 

The site is located opposite St Marys Railway Station and bus interchange and is serviced by the main Western Rail Line and a number of bus services.

 

A traffic assessment and report was undertaken for the proposal. This report assessed the traffic implications of future growth of the centre and the impact of the proposal on future traffic growth.

The report established that a number of traffic works were required into the future, including intersection upgrades to both local and state roads to accommodate future traffic volumes for the St Marys town centre precinct. Only local roads require upgrades as a result of this proposal.

 

The traffic assessment identifies that while the existing road network generally has the ability to accommodate the traffic generated by the proposal, some new infrastructure will be required at key locations to support the development. The required infrastructure to support the subject development is covered in the letter of offer to enter into a Voluntary Planning Agreement submitted by the applicant.

 

At this time Council is preparing a scope for the preparation of a traffic and transport study of St Marys Centre, in order to inform a future development contributions plan for the Centre and other land use planning relating to the Centre.

 

Impact on the existing limited on-street parking

 

 

The site is located opposite St Marys Railway Station and bus interchange with increased traffic during peak times creating limited on-street parking with the high use of commuters catching public transport and parking in and around the Station and town centre.

 

 

The DCP 2014 requires the provision of on-site car parking to a standard appropriate to the intensity of the proposed development. Any future development application will have to provide parking in accordance with Council’s adopted parking rates in the DCP.

 

Increasing building height will have negative impact on character and safety of the community

 

 

The future desired character of the St Marys Town Centre has been defined by a range of land use planning and strategies undertaken by Council and will continue to be defined by future structure planning and visioning in relation to the location of future of the North/South rail link and interchange at St Marys.

 

The Planning Proposal recommendations are consistent with Council’s Community Plan, City Strategy and Landscape Character Strategy. These strategies present statements of desired character for various areas across Penrith area to protect and enhance the visual amenity and preserve the character of St Marys.

 

Character of St Marys is changing, particularly around the rail corridor. The proposal is considered to be consistent with future character of St Marys Centre.

 

Safety and security of both residents and visitors to St Marys Town Centre is critical. Additional residential development within a centre, that activates the street and provides additional ‘eyes on the street’ can increase the feeling of a safe environment.

 

Any future development on the site would be required to address how the development enhances the safety of the centre, subject to controls in Penrith DCP 2014.

 

Future development of the site, including interim arrangements during construction

 

 

The Western City District Plan recognises the need to strengthen St Marys as a Centre. The Planning Proposal is consistent with the Plan actions to support greater housing diversity and densities and improve transport connectivity and walkability within and to St Marys.

 

Currently Station Plaza is an important destination for the community for shopping and services. Any future development on the site will require careful management of existing patrons and the community in general due to its location adjacent to the railway station.

 

Consideration of the construction management and interim access controls will be required at the Development Application stage for future development.

Negative impact of future development on utilities

 

 

As part of the Gateway Determination public authorities, including service providers were consulted and feedback was sought, to ensure that any future development could be serviced adequately.

 

Endeavour Energy, Jemena and Sydney Water have provided comments, indicating no objection to the Planning Proposal, however any future development application will require further investigation. This response is discussed further below.

 

Impact on supply of housing in the centre

 

 

Council’s has several policy responses concerning, amongst other things, housing, jobs and the City’s economy. Council’s draft Local Strategic Planning Statement also includes actions to encourage residential development around rail-based centres and the St Marys Town Centre. The planning proposal is consistent with these aims as it provides a diverse choice of housing that is close to services and activities, promotes resource efficiency and efficient land use, and builds on the character of our neighbourhoods and communities.

 

Lack of green space in surrounding suburb

 

 

Studies supporting the Planning Proposal identify that the proposal and the anticipated residential population is not large enough to generate the need for a new community facility, such as a community centre, library, or sporting facility. However, it is acknowledged that the proposal, while not generating the need for new facilities, will place additional pressure on existing facilities. Therefore, any future development will need to make development contributions towards existing and planned facilities in accordance with Council’s existing Development Contributions Plans.

 

As part of the letter of offer the proponent proposes to deliver and contribute towards the embellishment of public open space including dedication of a Public Plaza and cash contribution to the upgrade of open space facilities at Bennett Park.

 

The site provides access to open space and community facilities along Queen Street and surrounding areas. Council will consider open space as part of future visioning and structure planning for St Marys. In addition, integrated open space, parks, cycle and pedestrian networks and streetscapes have been identified with importance in the future St Marys Strategy.

 

 

Public Authority referrals

The Planning Proposal was referred to public authorities identified in the Gateway Determination. Public authority recommendations are addressed below.

 

Issue

Response

Underground main easements

 

 

Endeavour Energy has provided comment with no objection to the Planning Proposal, although any future development application will require further investigation with Endeavour Energy.

 

In addition, Jemena has indicated the existing main has sufficient capacity to support future development at this site.

 

St Marys Railway station State Heritage item

Office of Environment and Heritage (OEH) requested further consideration of the impact of the proposal on the State Heritage item at St Marys Railway Station.

 

Heritage Impacts have been addressed in the Planning Proposal. The subject site is located over 60m from the Station, separated by bus transport infrastructure and will not have a physical impact on the station. Considering the highly urban nature of the town centre, it is not anticipated that the development will have an impact on the heritage significance of the station.

 

The urban form of St Marys City Centre around the train station is likely to change, with the location of the future Metro Interchange. It is our understanding that any heritage impacts to the existing train station will be investigated as part of the planning for the Metro Interchange, and therefore not necessary to be undertaken for this planning proposal at this time.

 

Bus Services to/from and surrounding St Marys

 

 

Transport for New South Wales (TFNSW) commented on the importance of bus services in this area and their frequency and efficiency. They highlight the traffic impacts on the Glossop and Phillip Street intersection and the risk of future bus services being impacted in terms of reliability, travel time and cost.

 

TFNSW has recommended Council clarify any further improvements to the Phillip/Glossop St intersection and/or consider the need to review the wider traffic management and access principles for the St Marys town centre.

 

A traffic assessment is provided in the Planning Proposal. This report assessed the traffic implications of the proposal and identified any potential impact to local traffic and transport. The report concluded that additional upgrades at the signalised intersection of Phillip/Glossop Streets, including an additional short right turn lane and parking restrictions on the Phillip Street approach has been demonstrated to address intersection performance. The applicant has submitted a letter of offer to enter into a Voluntary Planning Agreement (VPA) with Council to secure these infrastructure works.

 

It is noted that such a change may necessitate localised road carriageway widening to implement and may not be achievable as part of this planning proposal, due to limited available road reservation at the intersection.

 

An alternative upgrade option at the existing signalised intersection of Chapel Street / Glossop Street, where additional road reserve exists. This has been instead pursued as part of the package of works within a future VPA to secure required infrastructure works to support the development. These works include signalised intersection and site access at Phillip Street/Blair Avenue and improvements at the Chapel Street/Glossop Street intersection to accommodate the creation of an additional right-hand turn lane.

 

In addition, Council is currently undertaking scoping for a traffic and transport study for the St Marys Town Centre, which will address the Phillip/Glossop Street intersection.

 

Active Street Frontage

 

 

TFNSW has suggested that Council introduce development controls for the full activation of all street frontages for the subject site.

 

The Planning Proposal site has been identified as having an Active Street Frontage on Station Street under Penrith’s LEP 2010. This clause promotes uses that attract pedestrian traffic along certain ground flood street frontages, essential for the activation of the St Marys station precinct. This clause will be considered at the development application stage for future development.

 

Minimum Retail/Commercial floor space

TFNSW has suggested defining minimum requirements for retail/commercial floor space for the site, in order to preserve commercial development opportunities.

 

Councils LEP Review, currently seeking a gateway determination with DPIE, provides for a minimum provision of non-residential floor space within St Marys Town Centre.

 

Maximum parking rates for the site

TFNSW has suggested Council consider the transit-oriented development context of the proposal and leverage the current and future levels of public transport connectivity by minimising parking provision on the site.

 

Penrith DCP 2014 is applicable to the site and provides for minimum parking requirements. Any future changes to parking rates may be considered during the review of Penrith DCP 2014 and would be informed by a comprehensive traffic and transport study of the Centre.

 

Telecommunication infrastructure

Telstra provided comment with no objection to the Planning Proposal, although any future development would require an upgrade to the existing telecommunications network throughout the site. Telstra requires the protection and relocation of the telecommunication infrastructure that may be impacted by future development and is recommended the Telstra 1100 (Dial before you dig) inquiry number should be contacted to obtain location of Telstra plant before commencement of construction work.

 

Any infrastructure and services provided would be further investigated when a development application is submitted.

 

 

Financial Implications

As outlined in the report the proposal would provide approximately $4.5m towards public open space and community infrastructure, in addition to required traffic works. A draft VPA is to be prepared and reported to Council for consideration and execution.

 

Risk Implications

There are no identified risk implications associated with this report.

 

Conclusion

The Planning Proposal was publicly exhibited, and community submissions and agency referrals have been addressed. No changes to the planning proposal are recommended as a result of the submissions.

 

Council officers have negotiated the provision of a number of material public benefits that are proposed to be delivered by the proponent. An updated letter of offer has been provided in support of the proposal, delivering critical traffic and public realm infrastructure to support future growth within the centre.

 

It is recommended that the Planning Proposal be adopted as exhibited and is progressed to the next stage of the Gateway process, being to make the amendment to the Penrith Local Environmental Plan 2010. Council has been given delegation to be the plan making authority for the proposal, and as such will liaise with DPIE and Parliamentary Counsel to make the plan. It is recommended that DPIE be requested to not gazette the plan until the execution of the VPA.

 

Next Steps

If Council adopts the proposed recommendations below, the following next steps will be undertaken:

 

1.   The Planning Proposal will be finalised.

2.   Council officers will forward the Planning Proposal to the Minister for Planning and Public Place and Parliamentary Counsel in accordance with the plan making process, subject to the VPA being signed.

3.   Submitters will be notified when the Planning Proposal is made.

4.   A draft VPA will be prepared and notified.

5.   The VPA will be reported to a future Council meeting for consideration.

 

 

 

 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Planning Proposal 33-43 Phillip Street, St Marys be received.

2.     Council endorse the Planning Proposal for Station Plaza at 33-43 Phillip Street, St Marys provided in the separate enclosure to this report, subject to the VPA being signed.

3.     The Department of Planning, Industry and Environment are notified of Councils intention to make the amendment to Penrith Local Environmental Plan 2010 after the VPA is executed.

4.     A VPA be prepared in accordance with the Environmental Planning & Assessment Act 1979 and letter of offer, and be notified and executed.

5.     The draft VPA be reported back to Council for its consideration.

6.     Council officers forward the Planning Proposal to Parliamentary Counsel for an opinion in accordance with the plan making process, after the VPA has been executed.

7.     Consistent with our plan making delegations, Council make the required amendment to Penrith Local Environmental Plan 2010.

8.     Council authorise the General Manager to execute all necessary documents and do all necessary things to give effect to the Council’s decision to make the amendment to the Penrith Local Environmental Plan 2010.

9.     The Department of Planning, Industry and Environment be provided with a copy of the amended plan for notification.

 

 

ATTACHMENTS/APPENDICES

1.

Planning Proposal Subject Site

1 Page

Appendix

2.

Letter of Offer

4 Pages

Appendix

3.

Proposed Public Plaza Map

1 Page

Appendix

  


Ordinary Meeting                                                                                                              23 March 2020

Appendix 1 - Planning Proposal Subject Site

 

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Ordinary Meeting                                                                                                              23 March 2020

Appendix 2 - Letter of Offer

 

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Ordinary Meeting                                                                                                              23 March 2020

Appendix 3 - Proposed Public Plaza Map

 

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Outcome 3 - We can get around the City

 

Item                                                                                                                                       Page

 

6        2020-21 Blackspot and Safer Roads Program Funding Offer                                         41

 

 

 



Ordinary Meeting                                                                                                23 March 2020

 

 

 

6

2020-21 Blackspot and Safer Roads Program Funding Offer   

 

Compiled by:               David Drozd, Traffic Engineering Coordinator

Authorised by:            Adam Wilkinson, Engineering Services Manager

Wayne Mitchell, Director - Development and Regulatory Services  

 

Outcome

We can get around our City

Strategy

Provide a safe and efficient road and pathway network

Service Activity

Manage programs and initiatives that improve road safety and efficiency

      

 

Executive Summary

The purpose of this report is to advise Council of the funding offers obtained under the NSW Safer Roads and Blackspot Program for 2020-21. The report recommends that Council acknowledges acceptance of the 100% funding offered under these programs.

Background

In July 2019, both regional and local road projects were submitted to the Black Spot Consultative Panel for consideration for 100% funding under the 2020/21 Black Spot and Safer Roads Program. Based on discussions with Transport for NSW (TfNSW) and further to these Regional and Local road projects, Council also submitted applications for shared pedestrian cycle path funding under the Active Transport Priority Cycleways Program. This program is yet to be announced at the time of writing this report.

Current Situation

The Consultative Panel has now assessed Penrith City Council’s projects under the NSW Safer Roads and Blackspot Program.  TfNSW has advised that six projects have been approved in 2020/21 to the value of $1,250,000 and these are shown in Table 1 below.

 

TABLE 1.

Projects Approved under the 2020/21 Blackspot and Safer Roads Program

 

Program

Project Description

Allocation

Safer Roads Program

Sydney Street and Canberra Street, OXLEY PARK

Single lane Roundabout.

$200,000

Blackspot Program

Derby Street near Woodriff Street PENRITH

Install intersection and/or pedestrian crossing Improvements, Install street lighting at intersection.

$125,000

Blackspot Program

Derby Street near Doonmore Street PENRITH Install intersection and/or pedestrian crossing Improvements, Install street lighting at intersection.

$150,000

Blackspot Program

The Crescent between Hemming Street and King Street LEMONGOVE Install pedestrian refuges, move stop or give- way lines forward using kerb extensions.

$75,000

Blackspot Program

Station Street and Reserve Street PENRITH

Single lane Roundabout.

$350,000

Blackspot Program

Maxwell Street near Samuel Foster Drive SOUTH PENRITH Install a raised pedestrian crossing, install street lighting at intersection, Install a roundabout.

$350,000

 

TOTAL:

$1,250,000

The funding allocation of $1,250,000 is 100% of the total project cost and hence there is no financial contribution required by Council for the 2020/21 financial year.  A condition of acceptance is that all projects must be completed prior to 30 June 2021, a deadline which can be achieved as preliminary designs are currently underway.

 

Financial Implications

 

There are no financial implications for Council associated with this report as the funding is 100% co-funded by the Federal and State Governments.

Risk Implications

There are minor risk implications to Council in terms of timeframe, however we believe the delivery target of 30 June 2021, can be achieved due to preliminary designs currently being underway.

Conclusion

Funding of this level, to a total value of $1,250,000 for the 2020-21 financial year should be recognised as a noteworthy achievement for Council. It is expected that the resulting accident remediation treatments will result in improved levels of traffic safety and a reduction in accidents on local and regional roads within the Local Government Area.

 

This funding will help realise the Australian Government’s National Road Safety Strategy, and NSW Towards Zero strategy, which commits Federal, State and Territory Governments to completely eliminate deaths and serious injuries from road trauma by 2056.

 

RECOMMENDATION

That:

1.     The information contained in the report on 2020-21 Blackspot and Safer Roads Program Funding Offer be received.

2.     Council acknowledge acceptance of grant funding of $1,250,000 offered for the Blackspot and Safer Roads Projects shown in Tables 1 for the 2020/21 financial year.

3.     Council write to relevant State and Federal Members thanking them for their continued support of road safety improvements.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                       Page

 

7        Application to NSW Government Infrastructure Grant 2019-20                                      45

 

8        RFT19/20-27 Kingswood Pedestrian Lighting                                                                 48

 

9        RFT19/20-37 Design and Construction of Shade Sails and Structures                          52

 

 

 

 

 



Ordinary Meeting                                                                                                23 March 2020

 

 

 

7

Application to NSW Government Infrastructure Grant 2019-20   

 

Compiled by:               Lila Kennelly, Neighbourhood Renewal Coordinator

Authorised by:            Jeni Pollard, City Activation, Community and Place Manager  

 

Outcome

We have safe, vibrant places

Strategy

Work with our communities to improve wellbeing and infrastructure in their neighbourhoods

Service Activity

Deliver projects that address local issues and improve the wellbeing of local communities

      

 

Executive Summary

This report provides information on Neighbourhood Renewal’s funding submission to the NSW Government’s Infrastructure Grant 2019-20 for improvements to Robin Wiles Park in North St Marys.

The NSW Government’s Infrastructure Grant provides matched funding for the construction of infrastructure that benefits communities in the areas of sport and recreation, arts and culture or disaster readiness. Neighbourhood Renewal seeks to apply for new BBQ facilities, a playground and dynamic fitness equipment as part of the delivery of the Robin Wiles Park Masterplan developed in consultation with North St Marys residents.

This report recommends that the information be received, and that Council endorse the funding application.

Background

Council’s Neighbourhood Renewal Program supports positive change across the City’s older established communities. The program provides an integrated model of community and cultural engagement that enhances the social wellbeing and infrastructure of neighbourhoods impacted by disadvantage.

In 2016-17 Neighbourhood Renewal worked with residents to develop the North St Marys Community Action Plan 2017-19. Endorsed by Council at an Ordinary meeting on 14 August 2017, a key objective of this plan is to improve Robin Wiles Park as a vibrant, multiuse community facility.

Neighbourhood Renewal has worked closely with North St Marys residents to co-design a Masterplan for Robin Wiles Reserve and deliver the first stages of the planned improvements. The Masterplan is based on extensive consultation with residents and captures local aspirations for the site.

To date, Stage 1 of the Robin Wiles Park upgrade was made possible through a $584,000 contribution from Council’s S7.11 funding. Council also successfully received $50,000 for a new shade sail and picnic shelters from the NSW Government’s Everyone Can Play Program 2018-19, which is managed by the Department of Planning, Industry and Environment.

All future stages of the Robin Wiles Park Masterplan, including the provision of new play, fitness, sporting, and BBQ facilities remain unfunded priorities.

 

Current Situation

Robin Wiles Park has been transformed through recent upgrades delivered by Council through a Masterplan developed in consultation with local people. The park is now utilised by a greater number of residents who report using the facility more frequently for social activities, community gatherings, play and exercise. This is a positive outcome in a neighbourhood that has historically experienced limited opportunities and facilities for such activities. 

In order to further build on the positive community outcomes generated by the recent upgrades, Neighbourhood Renewal seeks to apply to the NSW Government’s Infrastructure Grants 2019-20 to further enhance the site.

A group of people on a baseball field

Description automatically generated
Penrith Mayor, Cr Ross Fowler OAM and Prue Carr MP attend a celebration for
 the newly improved Robin Wiles Park on 25 October 2019.

The outcomes captured in the Robin Wiles Park Masterplan include a number of currently unfunded priorities. Ongoing feedback from residents at recent activation events highlights the park’s enormous value to the local community. Realising the aspirations of the Masterplan is an opportunity for Council to deliver a truly outstanding community recreation space in North St Marys that will be enjoyed by current and future residents.

To realise the Robin Wiles Masterplan outcomes, future improvements will require funding through grant opportunities and other programs.

The NSW Government Infrastructure Grant 2019-20 is managed through the Office of Responsible Gambling and is made possible by reinvesting a rebate on gaming machine profits from the state’s registered clubs, known as the Club Grants Category 3 Fund. This funding is made available to applicants three times per year.

Up to $300,000 matched funding is available in the Sport and Recreation Category. Neighbouhood Renewal seeks to apply for the delivery of a new BBQ area, enhanced playspace and dynamic fitness equipment at total cost of $247,500. These items respond directly to ongoing requests from the local community for facilities that increase their opportunities for social connection, play and fitness.

 

 

 

Financial Implications

This report proposes that Neighbourhood Renewal submit an application to the NSW Government’s Infrastructure Grant requesting $123,750, with matched funding of $123,750 from Council. Council’s contribution would include $40,000 from Neighbourhood Renewal’s Capital budget and $83,750 from Council’s Grant Funded Projects Reserve. The delivery time for this project would be two years from announcement.

To date, expenditure for the Robin Wiles Park projects totals $634,000. This includes $584,000 of S7.11 Development Contributions from the Local Open Space Plan and $50,000 of grant funding received from the NSW Government Everyone Can Play Program 2018-19.

This application is an opportunity for Council to receive further funding to realise the outcomes of the Robin Wiles Park Masterplan. Should the grant application be successful, the upgraded facilities will be required to be incorporated into future asset renewal programs and a provision for ongoing maintenance provided as part of Council’s annual budget.

Risk Implications

Controls have been established in relation to facility provision and contractor management which means the risk rating is low.

The upgrades will ensure compliance to current playspace standards and this will be sustained through a regular site inspection and maintenance program.

Conclusion

If successful, Neighbourhood Renewal’s application to the NSW Government’s Infrastructure Grant will enable the delivery of priority items from the Robin Wiles Park Masterplan and further transform this vibrant community space.

 

RECOMMENDATION

That:

1.     The information contained in the report on Application to NSW Government Infrastructure Grant 2019-20 be received

2.     Council endorse the allocation of $83,750 from the Grant Funded Projects Reserve

3.     Council endorse Neighbourhood Renewal’s application to the NSW Government’s Infrastructure Grant 2019-20 for a new BBQ facility, playspace and dynamic fitness equipment at Robin Wiles Park, North St Marys.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                23 March 2020

 

 

 

8

RFT19/20-27 Kingswood Pedestrian Lighting   

 

Compiled by:               Ezekiel Meares, Project Supervisor

Authorised by:            Jeni Pollard, Place Manager

Michael Jackson, Design and Projects Manager  

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

Maintain a Community Safety Plan for the City

      

 

Executive Summary

A Tender for the Construction of Kingswood Pedestrian Lighting, Kingswood was advertised on 21 January 2020 in the Sydney Morning Herald and on the 23 January 2020 in the Western Weekender and closed on the 12 February 2020 at 11:00am.

 

The Project will provide new Pedestrian lighting to improve perceptions of safety in the Kingswood trader's area and adjoining pedestrian routes.

 

This report advises Council of the outcome of the Tender evaluation process and recommends that the tender received from Stowe Australia Pty Ltd be accepted for the full scope of works outlined in RFT19/20-27 Kingswood Pedestrian Lighting for the amount of $529,494 (excluding GST).

 

Background

Council understands and acknowledges the importance of the trading area within Kingswood that runs along the Great Western Highway and around on to Bringelly Road, Kingswood. It connects Kingswood’s busy public transport hub with local business, Western Sydney University and Nepean Hospital precincts. Improving the pedestrian experience at night aims to enhance safety and amenity, support the local night-time economy and improve perceptions of safety in the Kingswood trader's area and adjoining pedestrian routes.

 

Feedback received from the community and local stakeholders in Kingswood through Council's Neighbourhood Renewal Program, Community Safety Program and City Renewal Program has identified concern around the overall safety and amenity of the area.  Community consultations for the Penrith Community Safety Plan 2018-2022 identified negative perceptions of safety among residents, businesses, students and staff accessing Western Sydney University and Nepean Hospital from Kingswood Station. There was a high level of concern that pedestrian routes are unsafe and poorly lit, with people feeling particularly unsafe at night. Whilst crime/social issues are complex, Kingswood's growing population, expansion of the health precinct and high-density development identified a need for infrastructure to support safer public spaces. This was confirmed during preliminary audits which found lighting was below standard.

 

A Lighting Strategy promotes pedestrian safety, way finding and enhances people’s experiences at night. Lighting Art and Science were engaged following a competitive process to undertake a lighting audit and develop a strategy to support safer, well-lit public spaces for people living, studying, or working in Kingswood. The Kingswood Pedestrian Lighting Strategy was adopted by council on 21 October 2019 and promotes pedestrian safety, amenity and way finding.

 

This project will implement stage one of the Kingswood Pedestrian Lighting strategy. This project will deliver new pedestrian light poles at the following locations:

 

-      Bringelly Road, from Great Western Highway to Rodgers Street, Kingswood.

-      Somerset Street, from Great Western Highway to Rodgers Street, Kingswood (including the Red Cross Park footpath).

-      The footpath through Wainwright Park, corner of Rodgers Street and Bringelly Road

 

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Ezekiel Meares- Project Supervisor, Mitchell Sammut - Project Supervisor and was chaired by Michael Jackson - Design and Projects Manager.  Laura Stott from Council’s Procurement team performed the role of tender administration and probity officer for this tender

 

Tender Evaluation Criteria

The selection criteria advertised and used in selecting the successful tenderer were:

·    Demonstrated Ability 

·    Methodology to Deliver the Project

·    Technical Requirements

·    Project Completion Times

·    Financial Viability

·    Company Structure and Employment Practices

·    Local Preference Policy – Suppliers and Contractors

·    Quality Control

·    Cost/Price Category

·    Work Health & Safety

 

Tender Summary of Tenders Received

A total of nine (9) tenders were received by the closing date of the advertised tender and all are listed below in price order (ex GST)

Company

Tendered Price

Company Address

Owners/ Directors

Stowe Australia Pty Limited

$529,494

57 Jack Williams Dr, Penrith 2750

David Madson

Chris Madson

Scott Gandy

Twin Connect Pty Ltd

$593,545

Unit 4, 40 Marigold Street Revesby 2212

Kristopher Lemke

Michael Lemke

Ben Robinson

Lindsay Civil Pty Ltd

$680,500

 

9 Waler Cres

Smeaton Grange 2567

Matthew Lindsay

Peter Camer

LAM & AJW Family Investments Pty Ltd

$696,920

10 Warrior Place            St Marys, NSW 2750

Aaron James Wright

Luke Andrew Maxwell

HIX Group Pty Limited

$742,739

Unit 1, 10 Production Place, Penrith, 2750

Ian John Hicks

Wilken Service Pty Limited

$759,270

178 Princes Hwy Arncliffe 2205 NSW

Patrick Power

Garrie Chappelow

JRW Trading Pty Ltd

$778,932.20

UNIT 9, 1 Boden RD, Seven Hills 2147

Joshua Wheatley

Dancore Solutions PTY LTD

$990,065

Unit 15 46-48 Abel St, Jamisontown

Michael Daniel

Powerlines Plus (NSW) Pty Ltd

$1,015,050

2785 Remembrance Dr

Tahmoor 2573

Genus Plus Group

 

Evaluation of the preferred Tenderer

All nine Tenders were evaluated by the panel and assessed against Councils tender evaluation criteria.

 

All nine tenders demonstrated their capacity to adequately address the selection criteria. Of the lump sum prices submitted, Stowe Australia Pty Ltd provided the lowest lump sum price of $529,494.00 excl. GST

 

The recommended company, Stowe Australia Pty Ltd was selected based on their:

1)      Compliance with the tender evaluation criteria

2)      Demonstrated ability to meet Councils requirements: and

3)      Competitive price

 

Financial Implications

Council was successful in receiving $400,000 through the Federal Government Safer Communities Program for a pedestrian lighting treatment in Kingswood. This funding was used for the design, detailed survey and the remaining budget will be used to implement the first stage of pedestrian lighting in Kingswood, focusing on Bringelly Road.

 

Funds in order of $118,000 remain available from the Kingswood Neighbourhood Centre Development Contributions Plan, which was rescinded in 2016. It is now proposed that these surplus funds are directed towards the delivery of this project.

 

Remaining shortfall will be funded through the 2019-2020 City Activation, Community and Place project budget.

 

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 Brian Steffen - Director City Services, Glenn McCarthy - Governance Manager and Neil Farquharson – Financial Services Manager were briefed by the Design & Projects team about the background and the process followed.

 

The TAG considered the recommendations in relation to the tender for the construction of the Kingswood Pedestrian Lighting Project noting that Stowe Australia Pty Ltd demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous 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.

 

Risk Implications

The tender process outlined in this report includes controls regarding probity and ensuring value for council, overseen by the Tender Advisory Group. The works will be undertaken in accordance with Work Health & Safety systems

 

Conclusion

The Tender Evaluation committee is in the opinion that Stowe Australia Pty Ltd provided the most advantageous tender and demonstrated significant experience to complete projects of a similar nature, it is recommended that Stowe Australia Pty Ltd be awarded the contract for a contract sum of $529,494.00 ex GST.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT19/20-27 Kingswood Pedestrian Lighting be received

2.     Remaining available funds from the rescinded Kingswood Neighbourhood Centre Development Contributions Plan be allocated toward the Kingswood Pedestrian Lighting Project.

3.     The proposal and Lump sum price from Stowe Australia Pty Ltd of $529,494.00 excluding GST be accepted for RFT19/20-27Kingswood Pedestrian Lighting, Kingswood.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                23 March 2020

 

 

 

9

RFT19/20-37 Design and Construction of Shade Sails and Structures   

 

Compiled by:               Michael Shahidi, Project Supervisor

Authorised by:            Michael Jackson, Design and Projects Manager

Brian Steffen, Director - City Services  

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

Plan and deliver Council's major capital projects for public spaces

      

 

Executive Summary

A tender for the Design and Construction of various sizes of Shade Sails and Structures was advertised on 21 January 2020 and in the Sydney Morning Herald 23 January 2020 in the Western Weekender and closed on Wednesday 12 February 2020 at 11.00am

 

This report advises Council of the outcome of the tender process and recommends that the tender received from Central Industries Pty Ltd, be accepted to form a three (3) year schedule of rates contract as per Table 3 in this document, with an option to extend two (2) x one (1) year periods by mutual agreement, subject to satisfactory performance.

 

Background

At Council’s Ordinary Meeting on 25 November 2019, Council resolved to adopt the Shade Facilities at Playspaces Policy and to allocate budget for the provision of artificial and natural shade to 83 playgrounds over a three-year program between 2020-2023.

 

Consultation between stakeholders was performed and as result a limited number of different sized shades were specified along with the minimum design parameters which was used to scope the works. This scope was used to tender the Design and Construction of various sizes of Shade Sails and Structures. This tender will not only make this project more cost-effective it also will speed up the delivery of this shade.

 

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Michael Shahidi-Project Supervisor, Adam Hughes-Parks - Open Space Asset Officer, Tim Whiticker-Community Facilities and Recreation Planning & Projects Officer, Elizabeth Roxburgh-Landscape Architect, Allan Berry-Field Coordinator, Trades and was chaired by Michael Jackson - Design and Projects Manager. Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer for this tender

 

Tender Evaluation Criteria

The selection criteria advertised and used in selecting the successful tenderer were:

·    Demonstrated Ability 

·    Methodology to Deliver the Project

·    Technical Requirements

·    Project Completion Times

·    Financial Viability

·    Company Structure and Employment Practices

·    Local Preference Policy – Suppliers and Contractors

·    Quality Control

·    Cost/Price Category

·    Work Health & Safety

·    Product performance

·    Warranties included

 

Tender Summary of Tenders Received

A total of eight (8) tenders were received by the closing date of the advertised tender and are listed below in price order (ex GST) of the calculated value.

 

Table 1- Summary of Tenders Received

 

Company

Tendered Price*

Company Address

Owners/
Directors

Central Industries Pty Ltd

$1,731,060.00

527 Great Western Highway, Marrangaroo, NSW 2790

Lincoln Dent
Sarah Dent

Zigo Constructions Pty Ltd

$2,064,040.00

03/30 Cowper St, Parramatta, NSW 2150

Amir Zanjani
Ehsan Ahmadi

Ellis and Sons Group Pty Ltd

$2,176,740.00

8-10 Bourke Street, Cowra, NSW 2794

Geoffrey K Ellis
Holly M Ellis

Greenline Group Pty Ltd

$2,375,900.00 (calculated from rates for bundles of 10)

3 Ball Place, Wagga Wagga, NSW 2650

Richard Wallace
Gerry Wallace
Anthony Wallace

Sydney Shade Sails (NSW) Pty Ltd

$2,533,437.77

23 -25 Norman Street Peakhurst, NSW, 2210

Leonard Collins

Hytech Plastics Pty Ltd

$2,639,900.00

14 Pullman Place, Emu Plains, NSW 2750

Eric Moonen
Beatrice Moonen

Amac Holdings Pty. Ltd.

$3,138,421.18

74 Wellington St Riverstone NSW 2765

Tom Westcott

Direct Projects Pty Ltd

$4,081,047.43

Suite 3, Level 1, 14-16 Suakin Street, Pymble, NSW 2073

Ben McLeod

* The schedule of rates from each tenderer was used with estimated number of structures in order to calculate a single value tendered price for evaluation purposes.

 

Evaluation of the Preferred Tender

All eight tenders were included in the evaluation and assessed against the Council’s tender Evaluation Criteria.

 

Upon initial evaluation, tenders received from Zigo Constructions Pty Ltd, Sydney Shade Sails (NSW) Pty Ltd and Direct Projects Pty Ltd provided poor responses across a wide range of selection criteria and the panel decided that no further consideration would be given to these tenders.

 

Product Performance and Price Evaluation

Remaining tenderers were evaluated based on a range of product performance criteria and warranties specified in the RFT document against the cost. Hytech Plastics Pty Ltd and Amac Holdings Pty Ltd prices were above available budget and no further consideration were given to them. Upon closer assessment of the proposals from the remaining three tenders it was determined the tender from Ellis and Sons Group Pty Ltd did not provide any advantage over the other two tenders in terms of warranties and specification.  The panel was of the opinion the tenders received from Central Industries Pty Ltd and Greenline Group Pty Ltd provided better value to Council. Separate post-tender clarification meetings were arranged with both shortlisted tenderers to discuss the submissions further. Upon receiving further clarifications, the panel agreed that tender received from Central Industries Pty Ltd provided the best value to Council.

 

Table 2- The following clarifications were received from both tenderers:

 

 

Central Industries Pty Ltd

Greenline Group Pty Ltd

 

Product, workmanship and manufacture warranties

·    Frames –

·    Fabric –

·    Fittings –

 

 

 

25 Years

20 Years

25 Years

 

 

10 Years

10 Years

10 Years

Structural Design and Certification

Cover everything as per requirements set in RFT

Cover everything as per requirements set in RFT

Cost

Fixed rate for design to construction for any numbers

Different rates for awarding bundles at a time

Shade Fabric

Comshade Xtra(up to 99.7 UV Block) or Architec 400

Architec 400 (up to 96.5 UV Block)

Steel Structure

All hot dipped galvanised Steel

All hot dipped galvanised Steel (visually very heavy-duty fabrication)

 

Table 3-Schedule of rates from Central Industries Pty Ltd

 

Rates below are for design and construction of shade sails and structures as well as structural design and certification specified in Part 4 - Contract scope of works of this RFT

Price $ Ex GST

1

15m x 15m Shade sail

 $21,760.00

2

13m x 11m Shade sail

 $18,360.00

3

8m x 6m Shade sail

 $10,140.00

4

9m x 9m x13m Shade sail

 $9,570.00

5

12m x 10m x 7m Shade sail

 $10,240.00

6

15m x 15m Shade structure

 $21,540.00

7

13m x 11m Shade structure

 $18,260.00

8

8m x 6m Shade structure

 $9,750.00

9

Discount per structure if 2 or more installed on the same site

 $2,200.00

Below rate are for replacement and repair of the fabric on the Shade Sails and Structures

 

10

15m x 15m Shade sail

 $5,550.00

11

13m x 11m Shade sail

 $4,695.00

12

8m x 6m Shade sail

 $2,325.00

13

9m x 9m x13m Shade sail

 $2,475.00

14

12m x 10m x 7m Shade sail

 $2,295.00

15

15m x 15m Shade structure

 $5,750.00

16

13m x 11m Shade structure

 $4,895.00

17

8m x 6m Shade structure

 $2,525.00

18

Repair of the fabric (patch) if done off site

 $1,460.00

Rates below apply to additional cost incurred if posts are installed on surfaces other than turf 

19

Repair works to soft fall rubber per post

 $150.00

20

Repair works to concrete per post

 $200.00

21

Repair works to asphalt

 $150.00

If any Asbestos found on site or know ACM sites below rates may apply

22

Excavation in ACM by licensed asbestos contractor and clearance certificate by an independent asbestos consultant

 $3,730.00

23

Disposal of ACM by a licensed asbestos contractor per ton

 $572.00

24

Air monitoring, if required

 $550.00

25

Delineation Clearance, if required

 $550.00

26

Soil Pre-classification, if required

 $2,750.00

27

Additional charge to item 22 if ACM is friable

 $550.00

 

Table 4- Schedule of rates from Greenline Group Pty Ltd

 

Rates below are for design and construction of shade sails and structures as well as structural design and certification specified in Part 4 - Contract scope of works of this RFT

Price $ Ex GST

1
Structure

10 Structures

40 Structures

1

15m x 15m Shade sail

 $25,300.00

 $22,800.00

 $21,600.00

2

13m x 11m Shade sail

 $20,500.00

 $18,900.00

 $17,900.00

3

8m x 6m Shade sail

 $14,500.00

 $13,000.00

 $12,300.00

4

9m x 9m x13m Shade sail

 $16,900.00

 $15,500.00

 $14,800.00

5

12m x 10m x 7m Shade sail

 $16,700.00

 $15,300.00

 $14,600.00

6

15m x 15m Shade structure

 $29,600.00

 $27,500.00

 $26,100.00

7

13m x 11m Shade structure

 $22,900.00

 $21,600.00

 $20,300.00

8

8m x 6m Shade structure

 $18,800.00

 $17,700.00

 $16,700.00

 

Discount per structure if 2 or more installed on the same site

 $2,200.00

 $1,700.00

 $1,200.00

9

Discount per structure if 2 sails on 6 posts (structure extension)

 $2,800.00

 $1,900.00

 $ 1,400.00

Below rate are for replacement and repair of the fabric on the Shade Sails and Structures

10

15m x 15m Shade sail

 $6,900.00

11

13m x 11m Shade sail

 $5,300.00

12

8m x 6m Shade sail

 $3,400.00

13

9m x 9m x13m Shade sail

 $500.00

14

12m x 10m x 7m Shade sail

 $4,900.00

15

15m x 15m Shade structure

 $6,900.00

16

13m x 11m Shade structure

 $5,300.00

17

8m x 6m Shade structure

 $3,400.00

18

Repair of the fabric (patch)

 $1,000.00

Rates below apply to additional cost incurred if posts are installed on surfaces other than turf 

19

Repair works to soft fall rubber per post

 $450.00

20

Repair works to concrete per post

 $450.00

21

Repair works to asphalt

 $350.00

If any Asbestos found on site or know ACM sites below rates may apply

22

Excavation in ACM by licensed asbestos contractor and clearance certificate by an independent asbestos consultant

 $800.00

23

Disposal of ACM by a licensed asbestos contractor per ton

 $1,000.00

 

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Central Industries Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd.  Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded. The report recommends acceptance of the tender by Central Industries Pty Ltd, with sufficient funds being available.

 

An internally funded Council project has been included in next financial years budget to fund the design and construction of shade sails and associated structures. The ongoing asset maintenance and renewal funding requirements for will be provisioned for from future parks asset maintenance and renewal funds.

 

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 Brian Steffen - Director City Services, Glenn McCarthy - Governance Manager and Neil Farquharson – Financial Services Manager were briefed by the Design & Projects team about the background and the process followed.

 

The TAG considered the recommendations in relation to the tender for the Design and Construction of Shade Sails and Structures, noting that the recommended company has demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous 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.

 

Risk Implications

The tender process outlined in this report includes controls regarding probity and ensuring value for council, overseen by the Tender Advisory Group. The works will be undertaken in accordance with Work Health & Safety systems.

 

Conclusion

Eight tenders were received for design and construction of number of different sizes of shade sails and structures to form a schedule of rates contract. All the tenders received were included in the evaluation and assessed against the Council’s tender Evaluation Criteria and proposed product performance criteria set out in the RFT document.

 

It is recommended that the tender received from Central Industries Pty Ltd, be accepted to form a three (3) year schedule of rates contract as per Table 3 in this report, with an option to extend two (2) x one (1) year periods by mutual agreement, subject to satisfactory performance.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT19/20-37 Design and Construction of Shade Sails and Structures be received

2.     Tender received from Central Industries Pty Ltd, be accepted to form a three (3) year schedule of rates contract, with an option to extend two (2) x one (1) year periods by mutual agreement, subject to satisfactory performance

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

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 5 - We care about our environment

 

Item                                                                                                                                       Page

 

10      Penrith Central Business District Floodplain Risk Management Study and Plan           61

 

11      St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan     70

 

 

 

 



Ordinary Meeting                                                                                                23 March 2020

 

 

 

10

Penrith Central Business District 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 a Floodplain Risk Management Study for the Penrith Central Business District (CBD) Catchment and developed a Floodplain Risk Management Plan.

 

The Draft Penrith CBD Catchment Floodplain Risk Management Study and Plan, October 2019 was placed on public exhibition from 14 November to 12 December 2019 for public comment.  The purpose of this report is to provide Council with the outcome of the public exhibition.

 

The report recommends that the Penrith CBD Catchment Floodplain Risk Management Study and Plan be adopted.

Background

The NSW Government’s Flood Policy is directed at providing solutions to existing flooding issues 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 councils. The policy and floodplain management practices are defined in the NSW Government’s Floodplain Development Manual, April 2005.  The policy sets out a staged process Council 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 Penrith CBD 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 Penrith CBD Catchment Study Area (Appendix 1) is located on the southern side of the Railway line and is generally bounded by The Northern Road to the east, Jamison Road to the south and Mulgoa Road to the west. The study covers an area of approximately 340 hectares (or 3.4 square kilometres) and comprises the Penrith Central Business District and surrounding suburbs. The study area is highly urbanised and includes an extensive pit and pipe drainage system which includes Corporation Drain, Showground Channel and Racecourse Channel.

The Penrith CBD Catchment Detailed Overland Flow Flood Study was completed and on 25 May 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 Penrith CBD 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 was undertaken by Engineering Consultancy firm, Molino Stewart, on behalf of Council, with the technical guidance and financial assistance from the NSW Department of Planning, Industry and Environment (DPIE) (formally Office of Environment and Heritage). The Study and Plan have been overseen by a Technical Working Group comprising members from Council, the consultant, the DPIE and the NSW State Emergency Services (SES).

The primary objective of this Study and Plan is to develop a floodplain risk management plan for the study area that addresses the existing, future and continuing flood problems, taking into account the potential impacts of climate change, in accordance with the NSW Government Flood Policy, as detailed in the NSW Floodplain Development Manual, April 2005.

On 28 October 2019 Council resolved that (part): 

1.  “The draft report for public exhibition of the Penrith CBD Catchment Floodplain Risk Management Study and Plan, October 2019 be endorsed for public exhibition for a period of no less than 28 days.

2.  A further report be presented to Council on the results of the public exhibition of the draft report for public exhibition of the Penrith CBD Catchment Floodplain Risk Management Study and Plan, October 2019 addressing any submissions received during the exhibition period.”

Public Exhibition

The draft Penrith Central Business District Floodplain Risk Management Study and Plan was placed on public exhibition, commencing on 14 November 2019 and submissions closed 12 December 2019.  The exhibition process includes direct exhibition through the catchment and public notification of that exhibition period. The following were undertaken as part of the public exhibition.

 

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

·      Letters were sent to residents and businesses within the study area informing them about the public exhibition and requesting them to review the draft report and make submissions;

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

·      Council’s website updated to access the study documents and arranged for making submissions electronically;

·      Printed study documents were displayed at the Civic Centre and Penrith Library for viewing by the public; and

·      On 27 November 2019 a community drop-in session was held at the Penrith Library which allowed the public to directly view the relevant documents and discuss with staff and the consultant as required.  At the community drop-in session, a short presentation was given outlining the purpose of the study and key recommendations.  Eleven (11) residents and business owners attended the drop-in-session.

From the public exhibition Council received five (5) written submissions. The submissions are summarised together with Council’s responses in the Table 1 below.

Table 1: Summary of Submissions and Responses

Submission Number

Summary of submissions

Responses to Submissions

1

The writer owns and operates a therapy business in Evan Street, Penrith. The writer was concerned about the disturbances to their site that may occur during the construction periods.  No concerns raised regarding the accuracy of the study or recommended drainage improvement works or proposed plan.

Council staff contacted the owner and advised about the steps Council would take when implementing proposed works to minimise disturbances or impacts to residents and businesses. At this stage there is no funding nor timeframe allocated for works. When the required funds are made available a detailed investigation, design and environmental assessment will be undertaken.  This will ensure the adverse environmental impacts such as noise and air pollution during construction on nearby residents and business are minimised. This submission requires no amendments to the study documents.

 

2

The writer made the following comments:

1.   Does not endorse the raising the Warragamba Dam wall;

2.   Water courses, creeks and drains must not be allowed to be developed, and they are environmental treasures which should be improved;

3.   Council should not facilitate any more development in floodplains;

4.   Flood evacuation must be encouraged;

5.   Why Emu Plains, Emu Heights and Glenmore Park areas are not flood mapped? and

6.   Loosely supporting the study and its recommendations.

1.   Comment on the Warragamba Dam wall is noted. This study is not related to the raising of Warragamba Dam wall;

2.   This is a general comment regarding watercourses.  The management plan does not encourage the development of any watercourses;

3.   Council assess, approve and facilitate development on their merits and in accordance with the NSW Floodplain Development Manual;

4.   Flood evacuation is one of the solutions for the existing developments within floodplains. For new developments flood evacuation is encouraged if other flood management solutions are not available;

5.   Council is currently undertaking an overland flow flood study for the areas of Emu Plains and Emu Heights.  The flood study is in its final stage and within the next 4 -6 months it will be made available for public comment.  Glenmore Park areas are new areas and a flood for this area is of a low priority. However, Council uses the existing flood information to assess development proposals within the developed areas. For new release areas of Glenmore Park separate flood studies or flood impact assessments are undertaken by developers to address the flooding; and

6.   Noted.

This submission requires no amendments to the study documents.

 

3

This submission provides historical flooding information and challenges the findings in the study. The writer requested that Council re-check the predicted flooding around their property located in Lethbridge Street.

The consultant reviewed the flood levels predicted for the area and advised that the levels are accurate and correct. The writer advised that a new pipeline installed downstream of his property by recent development however the consultant advised that the new pipeline is of a minor line located downstream of his property and any changes to flood levels as a result of this new small pipeline is negligible. No amendments to the study reports required.

 

4

This submission is from Endeavour Energy which has two substations within the study area, and both may be affected by flood. Both substations have flood protection walls. They are asking Council to check the 1%AEP and the PMF levels to see any works required to protect the substations.

 

Council has provided flood level data from the study to Endeavour Energy for them to assess the flood risks and to act as required.  Submission requires no amendments to the study documents.

5

This submission is regarding some damages to an existing dwelling (Villa house) at Warwick Street. The damages are not related to this study however the owner attended the Community drop-in-session meeting and raised this issue.

This matter is not related to the Floodplain Risk Management Study and Plan. This matter has been referred to the relevant Council Officer for investigation. Inspection have been undertaken and response provided to the resident.  Submission requires no amendments to the study documents.

 

 

In summary five (5) submissions were received from the public exhibition. Most of the submissions raised clarifications at local levels but generally raised no objections to the Study and Plan.  The consultant has addressed all the issues raised. The exhibited Study and Plan report is now amended to reflect the changes undertaken. The proposed amendments to the exhibited Penrith CBD Catchment Floodplain Risk Management Study and Plan Draft Report, October 2019 are listed in the “Schedule of Amendments” included as Appendix 2. The amendments made to the study documents are of very minor nature such as fixing some minor typo errors and providing comment on the public exhibition held.

 

Endorsement of the Floodplain Risk Management Committee

On 2 March 2020, the outcome of the public exhibition was presented to the Floodplain Risk Management Committee. The Committee resolved that (in part):

 

“1. Penrith CBD Catchment Floodplain Risk Management Study and Plan Final Report February 2020 be endorsed to go to Council for formal adoption.

 2. Arrangements be made to report to Council seeking adoption of the Penrith CBD Catchment Floodplain Risk Management Study and Plan Final Report February 2020.”

Financial Implications

There are no financial implications for Council associated with this report.

Risk Implications

Adoption of the Penrith Central Business District Floodplain Risk Management Study and Plan works in part to meet our obligation and good faith provisions under the NSW Floodplain Development Manual.

Conclusion

The Penrith CBD Catchment Floodplain Risk Management Study and Plan Exhibition Draft Report, October 2019 was exhibited for public comment from 14 November to 12 December 2019. In total five (5) submissions were received. Summary of the submissions and responses are detailed in the body of this report. Most of the submissions raised clarifications at local levels but generally raised no objections to the exhibited Penrith CBD Floodplain Risk Management Study and Plan.

 

The consultant has now addressed all issues raised. The exhibited Study and Plan report is now amended to reflect the changes undertaken. The proposed amendments to the exhibited Penrith CBD Catchment Floodplain Risk Management Study and Plan Draft Report October 2019 are listed in the “Schedule of Amendments” included as Attachment 2.  Overall, the amendments made to the study documents are considered of a minor nature and hence of negligible impact on the Study and Plan.   

 

The Penrith CBD Catchment Floodplain Risk Management Study and Plan Final Report March 2020 (the size of the study report is very large and therefore Volume 1- Main Report and Volume 2- Maps are provided separately for the information of Councillors and are made available to the public on Council’s website) is now recommended for the consideration by Council for formal adoption.

 

The Penrith CBD Catchment Floodplain Risk Management Study and Plan Final Report March 2020 has been completed in accordance with the NSW Government’s Floodplain Development Manual. The Plan provides recommendations for the most feasible flood management solutions to assist Council to meet its floodplain management obligations. It is recommended that the Penrith CBD Catchment Floodplain Risk Management Study and Plan Final Report February 2020 be adopted.

 

RECOMMENDATION

That:

1.     The information contained in the report on Penrith Central Business District Floodplain Risk Management Study and Plan be received.

2.     The Penrith CBD Floodplain Risk Management Study and Plan Final Report dated March 2020 be adopted.

3.     The Penrith CBD Floodplain Risk Management Study and Plan Final Report dated March 2020 be published and made available on Council’s website.

4.     Council further consider the recommended mitigation works in the Penrith CBD Floodplain Risk Management Study and Plan for inclusion by Council in future Capital Works Programs and for grant funding applications.

5.     Council consider the flood planning recommendations listed in the Penrith CBD Floodplain Risk Management Study and Plan Final Report dated March 2020 when reviewing its Development Control Plan 2014, and the Local Environmental Plan 2010.

6.     Council write to those who made submissions advising of Council’s resolution.

7.     Council write to relevant State and Federal Members of Parliament advising them of the adoption of the Penrith CBD Floodplain Risk Management Study and Plan and thanking them for their continued support of Council’s Floodplain Management program.

 

 

 

 

 

ATTACHMENTS/APPENDICES

1.

Study Area - Penrith CBD Catchment Floodplain Risk Management Study and Plan

1 Page

Appendix

2.

Schedule of Amendments - Penrith CBD Floodplain Risk Management Study and Plan

1 Page

Appendix

  


Ordinary Meeting                                                                                                              23 March 2020

Appendix 1 - Study Area - Penrith CBD Catchment Floodplain Risk Management Study and Plan

 

PDF Creator


Ordinary Meeting                                                                                                              23 March 2020

Appendix 2 - Schedule of Amendments - Penrith CBD Floodplain Risk Management Study and Plan

 

PDF Creator


Ordinary Meeting                                                                                                23 March 2020

 

 

 

11

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 a Floodplain Risk Management Study for the St Marys (Byrnes Creek) Catchment and developed a Floodplain Risk Management Plan.

 

The Draft St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan, July 2019 was placed on public exhibition from 24 October to 21 November 2019 for public comment.  The purpose of this report is to provide Council with the outcome of the public exhibition.

 

The report recommends that the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan be adopted.

Background

The NSW Government’s Flood Policy is directed at providing solutions to existing flooding issues 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 councils. The policy and floodplain management practices are defined in the NSW Government’s Floodplain Development Manual, April 2005.  The policy sets out a staged process Council 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 mainstream 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 was undertaken by Engineering Consultancy firm, Lyall and Associates, on behalf of Council, with the technical guidance and financial assistance from the NSW Department of Planning, Industry and Environment (DPIE) (formally Office of Environment and Heritage). The Study and Plan have been overseen by a Technical Working Group comprising members from Council, the consultant, the DPIE and the NSW State Emergency Services (SES).

The primary objective of this Study and Plan is to develop a floodplain risk management plan for the study area that addresses the existing, future and continuing flood problems, taking into account the potential impacts of climate change, in accordance with the NSW Government Flood Policy, as detailed in the NSW Floodplain Development Manual, April 2005.

On 23 September 2019 Council resolved that (part): 

1.  “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.

2.  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.”

Public Exhibition

The Draft St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan was placed on public exhibition from 24 October 2019 and the submissions closed 21 November 2019.  The exhibition process included direct exhibition through the catchment and public notification of that exhibition period. The following were undertaken as part of the public exhibition.

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

·      Letters sent to residents and businesses within the study area informing them about the public exhibition and requesting them to review the draft report and make submissions;

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

·      Council’s website updated to access the study documents and arranged for making submissions electronically;

·      Printed study documents were displayed at the Civic Centre, St Marys library and Penrith Library for viewing by the public; and

·      On 6 November 2019 a community drop-in session was held at the St Marys Memorial Hall which allowed the public to directly view the relevant documents and discuss with staff and the consultant as required.  At the community drop-in session, a short presentation was given outlining the purpose of the study and key recommendations. Eighteen (18) residents and business owners attended the drop-in-session.

From the public exhibition Council received one (1) written submission. The submission is summarised together with Council’s response below.

Submission:

The writer asked questions in relation to the timing of the proposed flood mitigation works will be implemented and who will be funding the works.

 

Response:

Council contacted the writer and advised that at this stage there is no funding nor timeframe allocated for the recommended works. Council will be meeting the cost of these projects when funding is available. Further Council will be seeking flood management grant flooding from the NSW Government for implementing some of the recommended works.

 

In summary only one (1) submission received from the public exhibition. Summary of the submission and response to the submission are detailed in the body of this report. The submission raised clarifications when and who will be funding the recommended projects and raised no objection to the Study and Plan.  No amendments are required to the study documents other than changing the “Draft for Public Exhibition” to “Final Report”.

 

Endorsement of the Floodplain Risk Management Committee

On 2 March 2020, the outcome of the public exhibition was presented to the Floodplain Risk Management Committee. The Committee resolved that (in part):

 

“1.   St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan Final Report February 2020 be endorsed to go to Council for formal adoption.

2.   Arrangements be made to report to Council seeking adoption of the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan Final Report, February 2020.”

Financial Implications

There are no financial implications for Council associated with this report.

Risk Implications

Adoption of the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan works in part to meet our obligation and good faith provisions under the NSW Floodplain Development Manual.

Conclusion

The St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan Exhibition Draft Report, July 2019 was exhibited for public comment from 24 October to 21 November 2019. One (1) submission received. Summary of the submission and response to the submission are detailed in the body of this report. No amendments are required to the study documents other than changing the “Draft for Public Exhibition” to “Final Report”.

 

The St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan Final Report, February 2020 (the size of the study report is very large and therefore Volume 1- Main Report and Volume 2- Maps are provided separately for the information of Councillors and are made available to the public on Council’s website) is now recommended for the consideration by Council for formal adoption.

 

The St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan Final Report, February 2020 has been completed in accordance with the NSW Government’s Floodplain Development Manual. The Plan provides recommendations for the most feasible flood management solutions to assist Council to meet its floodplain management obligations. It is recommended that the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan Final Report, February 2020 be adopted.

 

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 St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan Final Report dated February 2020 be adopted.

3.     The St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan Final Report dated February 2020 be published and made available on Council’s website.

 

4.     Council further consider the recommended mitigation works in the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan for inclusion by Council in future Capital Works Programs and for grant funding applications.

5.     Council consider the flood planning recommendations listed in the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan Final Report dated February 2020 when reviewing its Development Control Plan 2014, and the Local Environmental Plan 2010.

6.     Council write to those who made submissions advising of Council’s resolution.

7.     Council write to relevant State and Federal Members of Parliament advising them of the adoption of the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan and thanking them for their continued support of Council’s Floodplain Management program.

 

ATTACHMENTS/APPENDICES

1.

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

1 Page

Appendix

  


Ordinary Meeting                                                                                                              23 March 2020

Appendix 1 - St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan - Study Area

 

PDF Creator 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 6 - We are healthy and share strong community spirit

 

Item                                                                                                                                       Page

 

12      RFT19/20-36 Construction of Kingsway Sports Fields                                                    79

 

 

 



Ordinary Meeting                                                                                                23 March 2020

 

 

 

12

RFT19/20-36 Construction of Kingsway Sports Fields   

 

Compiled by:               Michael Shahidi, Project Supervisor

 

Authorised by:            Michael Jackson, Design and Projects Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Plan and deliver Council's major capital projects for open space and recreation

      

 

Executive Summary

A tender for the Construction of Kingsway Sports Fields, Werrington was advertised on 21 January 2020 and in the Sydney Morning Herald 23 January 2020 in the Western Weekender and closed on Wednesday 19 February 2020.

 

The project will provide the Kingsway precinct with new Rugby Sporting Fields (2 Senior and 2 Junior fields), a new Junior Cricket pitch, flood lighting to all the new fields and landscape works.

 

This report advises Council of the outcome of the tender process and recommends that the tender received from Romba Pty Ltd, for the amount of $1,176,445.59 (excluding GST) be accepted for construction the fields and all associated works. 

 

This report also recommends that the specified tender options; one $223,104.75 (excluding GST), tender option two $16,500.00 (excluding GST), tender option three $39,226.00 (excluding GST),  and tender option nine $115,500.00 (excluding GST) for a total of $394,330.75 (excluding GST), be accepted as part of this tender bringing the total awarded tender value to $1,570,776.34 (excluding GST).

 

Background

As our community grows, demand on more sports facilities increases. Council have previously carried out design for the Kingsway precinct that included new sports fields, new amenities building and carpark upgrade. These developments aim to address some of growing needs of the community.  Council has reserved funds for this project through the Development Contributions (section 7.11 funds).

 

The amenities building was constructed over last year, and upon completion of the designs, a tender for construction of new sports fields was advertised. Main scope of the tender was for the construction of new Rugby Sporting Fields (2 Senior and 2 Junior fields), a new Junior Cricket pitch, flood lighting to all the new fields and landscape works. Tender options were included in this tender to improve other elements in the vicinities if available budget allowed as follows:

Tender option one-       Establishment of turf from sod rather than sprigs.

Tender option two-       Engage an accredited arborist to provide advice and prune trees between carpark and new fields to make the area safe.

Tender option three-     Tidy up dirt piles along the carpark. Place topsoil and turf. Also tidy up areas underneath trees along the carpark.

Tender options 4-8-      Different options for the carpark asphalting and line marking

Tender option 9-           Extra cost for LED lighting upgrade for the fields flood lights

 

 

Tender Evaluation Panel

The Tender Evaluation Panel consisted of James Craig - Project Supervisor, Michael Shahidi - Project Supervisor and was chaired by Michael Jackson - Design and Projects Manager.  Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer for this tender

 

Tender Evaluation Criteria

The selection criteria advertised and used in selecting the successful tenderer were:

·    Demonstrated Ability 

·    Methodology to Deliver the Project

·    Technical Requirements

·    Project Completion Times

·    Financial Viability

·    Company Structure and Employment Practices

·    Local Preference Policy – Suppliers and Contractors

·    Quality Control

·    Cost/Price Category

·    Work Health & Safety

 

Tender Summary of Tenders Received

A total of fourteen (14) tenders were received by the closing date of the advertised tender and are listed below in price order (ex GST) of the main scope.

Company

Tendered Price

Combined Price of  options 1, 2, 3 and 9

Total Price

Company Address

Owners/
Directors

Global Turf Projects Pty Ltd

$1,128,276.00

$647,764.00

$1,519,817.02

392 Black Forest Dr, Macedon, VIC 3055

Information not Provided

Romba Pty Ltd

$1,176,445.59

$394,330.75

$1,570,776.34

21-27 Camden Street, Penrith, NSW 2750

Darryl Burgmann
Therise Burgmann

Flemming Contracting Pty Ltd

$1,111,947.51

$528,001.90

$1,639,949.41

65 Cattai Rd, Pitt Town, NSW 2756

Kirk Flemming
Heath Flemming

Statewide Civil Pty Ltd

$1,257,840.55

$235,730.00

$1,726,595.55

Unit 9 / 40 Brookhollow Ave, Baulkham Hills, NSW 2153

Michael Dominello

Cleary Bros (Bombo) Pty Ltd

$1,345,177.77

$401,252.50

$1,746,430.27

39 Five Islands Road, Port Kembla, NSW 2505

Denis Cleary Stephen Rogers Brett Cleary
Denise Ovens
Mark Chellew
Louise Sullivan

Never Stop Water Harvest Pty Ltd

$1,627,482.58

$576,239.78

$2,203,722.36

10/32 Campbell Ave, Cromer, NSW 2099

Renni Pitkanen
Blair Taylor

Devcon Civil Pty Ltd

$1,648,521.75

$262,974.51

$1,911,496.26

142 Sunnyholt Road, Blacktown, NSW 2148

Gavin De Vries

Lamond Contracting Pty Ltd

$1,556,835.00

$371,620.00

$1,928,455.00

84 Wilton Road, WILTON, NSW 2571

Philip S Lamond

Glascott Landscape & Civil Pty Ltd

$1,540,573.45

$491,129.13

$2,031,702.58

1/7-9 Orion Rd, Lane Cove, NSW 2066

Matthew Glascott

Western Earthmoving Pty Ltd

$1,519,000.00

$646,750.00

$2,165,750.00

90 Station Road, Seven Hills, NSW 2147

Graham Ragg
Michael Ragg

Civil Constructions Pty Ltd

$1,715,600.00

$471,100.00

$2,186,700.00

6 Mary Parade, Rydalmere, NSW 2116

Chris Judges

DJW Civil Pty Ltd

$1,837,000.00

$388,435.00

$2,225,435.00

4 Lance Street, Llandilo, NSW 2747

Dylan J Wheeler

Delaney Civil Pty Ltd

$2,258,678.84

$620,994.10

$2,879,672.94

13a 24-32 Lexington Drive, Bella Vista, NSW 2153

Aram Vesmadian
Gerard Delaney

Evergreen Turf Australia Pty Ltd

Price not submitted

560 McGregor Road, Pakenham, Victoria 3810

Graeme Colless
Robert Davey

 

Evaluation of the Preferred Tender

Panel was provided with the list of prices without any names attached to the list. Tender received from Evergreen Turf Australia Pty Ltd did not have any prices attached to the submission and tender received Delaney Civil Pty Ltd was above available budget. These two tenders were not included in the evaluation.

 

All remaining tenders received were included in the evaluation and assessed against the Council’s tender Evaluation Criteria.

 

Upon evaluation, tenders received from Flemming Contracting Pty Ltd, DJW Civil Pty Ltd, Global Turf Projects Pty Ltd, Civil Constructions Pty Ltd, Devcon Civil Pty Ltd, Western Earthmoving Pty Ltd and Lamond Contracting Pty Ltd provided poor responses across a wide range of selection criteria and the panel decided that no further consideration will be given to these tenders. Out of the remaining tenders, Romba Pty Ltd offered the best price and value to Council for main scope and tender options.

 

Tender options for Carpark upgrade will be carried out with the Council’s preferred asphalting contractor as it was identified they provide better value for money.

 

Romba Pty Ltd provided a range of previous projects with similar elements they have undertaken for other Councils as well as a detailed methodology for delivering the project. Therefore, sufficiently demonstrating to the panel Romba’s suitability to undertake the project.

 

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Romba Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd. Financial Services have reviewed the financial information provided by the tenderer and have recommended the contractor provide additional securities. With sufficient funds being available, the report recommends acceptance of the tender by Romba Pty Ltd subject to the provision of additional securities.

 

Funding from the s7.11 District Open Space Contribution Plan has been set aside for the Kingsway sporting fields project. Future asset maintenance budget will be provisioned for at the completion of the project as per Council policy.

 

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 Brian Steffen - Director City Services, Glenn McCarthy - Governance Manager and Neil Farquharson – Financial Services Manager were briefed by the Design & Projects team about the background and the process followed.

 

The TAG considered the recommendations in relation to the tender the Construction of Kingsway Sports Fields, Werrington noting that, while the recommended tender was not the lowest price, the company has demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous 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.

 

Risk Implications

The tender process outlined in this report includes controls regarding probity and ensuring value for council, overseen by the Tender Advisory Group. The works will be undertaken in accordance with Work Health & Safety systems.

 

Conclusion

Fourteen tenders were received for Construction of Kingsway Sports Fields and were evaluated based on range of Council’s tender evaluation criteria and shortlisted six tenders. On further price-based evaluation Romba Pty Ltd provided the best Value to Council and met the tender evaluation criteria to undertake the project.

 

It is recommended that the proposal and lump sum price from Romba Pty Ltd, for the amount of $1,176,445.59 (excluding GST) be accepted for construction the fields and all associated works. It is also recommended that the tender options one $223,104.75, option two $16,500.00, option three $39,226.00, and option nine $115,500.00 (all excluding GST) be accepted for a total of $394,330.75 (excluding GST).

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT19/20-36 Construction of Kingsway Sports Fields be received

2.     The tender received from Romba Pty Ltd, for the amount of $1,176,445.59 (excluding GST) be accepted for construction the fields and all associated works subject to the provision of additional securities.

3.     Tender options one $223,104.75, option two $16,500.00, option three $39,226.00, and option nine $115,500.00 (all excluding GST) be accepted for a total of $394,330.75 (excluding GST).

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

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                       Page

 

13      Caddens Road Upgrade - Dedication of Council Land for Road Widening Purposes    87

 

14      Caddens Road Upgrade - Easement for Electrical Purposes -Lot 499 DP 1197976     90

 

15      2020 Australian Local Government Association (ALGA) Annual General Assembly     94

 

16      Council Nursery Revitalisation Project - Easement for underground cables - Lot 112 DP774782                                                                                                                         97

 

17      Summary of Investment & Banking for the Period 1 January 2020 to 31 January 2020 101

 

18      Summary of Investment & Banking for the Period 1 February 2020 to 29 February 2020                                                                                                                                         109

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                                23 March 2020

 

 

 

13

Caddens Road Upgrade - Dedication of Council Land for Road Widening Purposes    

 

Compiled by:               Julie Connell, Program Manager

Authorised by:            Nathan Ritchie, Property Development 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 property services and manage community and commercial requests for the use of Council owned or controlled land

      

 

Executive Summary

This report seeks Council’s approval for the dedication of Council land for the purposes of road widening associated with the Caddens Road upgrade project.

Background

The Australian Government is funding a $200 Million Local Roads Package (LRP) as part of the Western Sydney Infrastructure Plan (WSIP). Funding of $11.9 Million has been allocated to Council to facilitate road upgrades of Caddens Road, Claremont Meadows between Gipps Street and Heaton Road. These works include:

1.   New roundabout at White Cedar Avenue

2.   Pedestrian refuge and seagull intersection at Silkwood Drive

3.   Associated pavement widening

The upgrades will improve traffic efficiency along with road and pedestrian safety.

Council Property Affectation

To facilitate delivery of the roundabout at White Cedar Avenue and Caddens Road, Claremont Meadows, dedication of Council land is required for the purposes of road widening. The Council properties affected comprise the following: -

 

282-292 Caddens Road Claremont Meadows                                                         

Legal Description

Lots 196 & 197 DP1169281

Current Use

Public Reserve (Community Land)

Road Widening Area (approx.)

Lot 196 – 69 sqm

Lot 197 – 100 sqm

Impact on reserve use

Limited effect on reserve use. Dedication represents 0.8% of total area of 21,009sqm.

 

277-291 Caddens Road Claremont Meadows

Legal Description

Lot 4 DP 813516

Current Use

Public Reserve (Community Land)

Road Widening Area (approx.)

145sqm

Impact on reserve use

Limited effect on reserve use. Dedication represents 0.22% of total area of 65,560sqm.

A plan of the proposed dedication areas is shown in annexure 1.

Road Dedication

Under Section 47F(2)(a) of the Local Government Act 1993, Council is permitted to dedicate community land as public road for the purpose of widening an existing public road.

 

Upon approval of the road dedication by Council, a plan of subdivision will be prepared and registered, dedicating the land as public road in accordance with the provisions of Section 10 of the Roads Act 1993.

 

Financial Implications

 

Costs associated with the required dedications will be covered by the Australian Government via the Department of Infrastructure, Transport, Cities and Regional Development under the previously accepted third round of the Western Sydney Infrastructure Plan Local Roads Package grant.

Risk Implications

The proposed dedications for road widening purposes are considered to represent low risk to Council.

Conclusion

The proposed dedications are considered to have limited impact on the reserves current use. The road dedications are required to complete the proposed roundabout construction, therefore increasing both traffic and pedestrian safety. It is accordingly recommended that Council approved the dedications for the purposes of road widening.

 

RECOMMENDATION

That:

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

2.     Council dedicate part Lots 196 -197 DP1169281 and part Lot 4 DP813516 for the purposes of 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.

 

 

ATTACHMENTS/APPENDICES

1.

Plan - Proposed Dedication Areas

1 Page

Appendix

  


Ordinary Meeting                                                                                                              23 March 2020

Appendix 1 - Plan - Proposed Dedication Areas

 


Ordinary Meeting                                                                                                23 March 2020

 

 

 

14

Caddens Road Upgrade - Easement for Electrical Purposes -Lot 499 DP 1197976   

 

Compiled by:               Julie Connell, Program Manager

Authorised by:            Nathan Ritchie, Property Development 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 property services and manage community and commercial requests for the use of Council owned or controlled land

      

 

Executive Summary

The purpose of this report is to seek Council’s approval for the creation of an easement for the purposes of electrical infrastructure over Council public reserve at 276-280 Caddens Road, Claremont Meadows (Lot 499 DP 1197976). The easement is required as part of the Caddens Road upgrades and will benefit Epsilon Distribution Ministerial Holding Corporation, trading as Endeavour Energy.

Background

The Australian Government is funding a $200 Million Local Roads Package (LRP) as part of the Western Sydney Infrastructure Plan (WSIP). Funding of $11.9 Million has been allocated to Council to facilitate road upgrades of Caddens Road, Claremont Meadows between Gipps Street and Heaton Road. These works include:

1.   New roundabout at White Cedar Avenue

2.   Pedestrian refuge and seagull intersection at Silkwood Drive

3.   Associated pavement widening.

The upgrades will improve traffic efficiency along with road and pedestrian safety.

 

Proposed Easement

 

To facilitate delivery of these upgrades, the creation of an easement for electrical infrastructure (underground cables and switching gear) is required to the benefit of Epsilon Distribution Ministerial Holdings, trading as Endeavour Energy.

 

The easement is required over Council public reserve located at 276-280 Caddens Road, Claremont Meadows, known as Lot 499 DP1197976. 

 

The proposed easement comprises a total area of approximately 8sqm and is situated on the northern boundary of the reserve, directly adjacent to Caddens Road. Overall, given the small size of the proposed easement, it is considered to have minimal impact on the current reserve’s operation. A plan of the proposed easement location is shown in annexure 1.

 

Financial Implications

 

Costs associated with the creation of proposed easement will be covered by the Australian Government via the Department of Infrastructure, Transport, Cities and Regional Development under the previously accepted third round of the Western Sydney Infrastructure Plan Local Roads Package grant.

Risk Implications

The proposed easement is considered to represent a low risk to Council.

Conclusion

It is recommended that Council grant the proposed easement over Lot 499 DP 1197976 to the benefit of Epsilon Distribution Ministerial Holding Corporation, to meet Endeavour Energy’s requirements to facilitate the Caddens Road Upgrade project.

 

RECOMMENDATION

That:

1.     The information contained in the report on Caddens Road Upgrade - Easement for Electrical Purposes -Lot 499 DP 1197976 be received.

2.     Council grant an easement over Lot 499 DP 1197976 as per the terms and conditions listed within the report.

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

 

 

ATTACHMENTS/APPENDICES

1.

Proposed Easement

1 Page

Appendix

2.

Aerial of Easement Location

1 Page

Appendix

  


Ordinary Meeting                                                                                                              23 March 2020

Appendix 1 - Proposed Easement

 


Ordinary Meeting                                                                                                              23 March 2020

Appendix 2 - Aerial of Easement Location

 

PDF Creator


Ordinary Meeting                                                                                                23 March 2020

 

 

 

15

2020 Australian Local Government Association (ALGA) Annual General Assembly   

 

Compiled by:               Avanthi Fernando, Governance Officer

Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

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

Promote ethical behaviour through awareness and advice and manage investigations of alleged corruption, maladministration or breaches of the Code of Conduct

      

 

Executive Summary

The 2020 Australian Local Government Association (ALGA) National General Assembly of Local Government will be held at National Convention Centre in Canberra from 14 – 17 June 2020.

The theme for this year’s conference is ‘working together for our communities’; and the motions can be prepared responding to the issues identified in the discussion paper prepared by the ALGA. A copy of the discussion paper is attached to this report.

Background

The 2020 National General Assembly of Local Government will be held in Canberra from 14 – 17 June 2020. The National General Assembly is an important opportunity for Councils to influence the national policy agenda.

The National General Assembly is focusing on how Local Government can work together with Australian Government to address challenges faced by local communities and explore opportunities through collaboration and partnership. Some of the challenges currently facing Australia were listed in the CSIRO’s Australian National Outlook 2019; and are listed below. Many of them have direct implications on local government communities and services. 

Challenges

Collaborative Approach

The rise of Asia: significant opportunities for Australia

How can local government position its communities to reap the benefits of the rise of the Asian middle class and manage any impacts?

What partnerships are important?

Technological change: ensuring workforce is prepared for the jobs of the future

What are the prerequisites for commitments to take advantage of technological change?

What adaptation strategies are required at a local level to ensure councils and local communities are ready for the jobs of the future? What partnerships may be required?

Climate change and environment: strive towards zero emissions

How do we work together to ensure that there is local adaptation to climate change and climate extremes? What partnerships are available to achieve zero emissions?

Demographics: impacts of population growth

What partnerships and forward planning are required to manage the impact of population growth in urban areas? How do regional and rural areas work in partnership to realise the benefit of population growth?

Trust: in institutions including governments

How can local government utilise partnerships to strengthen our social licence to operate?

Social cohesion: a culture shift

How can local government work in partnership with their communities and others to build and maintain social cohesion?

Current Situation

The National General Assembly is calling for motions to be submitted. The theme for this year’s conference is ‘working together for our communities’; and the motions can be prepared responding to the issues identified in the discussion paper prepared by the ALGA.  All motions should be submitted no later Friday 27 March 2020.

At the Ordinary Meeting held on 24 February 2020 Councillor Greg Davies proposed that Council develop and forward a motion to the ALGA requesting that the government develop and adopt a fire technician course, where interested parties can gain formal qualification.

Delegates

Each Council is entitled to have one delegate at each plenary session. In addition to selecting its voting delegate, it is open to Council to send additional Councillors as observers.

At the last Ordinary meeting held on 24 February 2020, Council nominated the Mayor, Councillor Ross Fowler OAM as its voting delegate for the 2020 National General Assembly of Local Government and subsequently, Councillor Jim Aitken OAM has confirmed attendance to the National General Assembly as an observer also.  

 

Motions

 

At the Ordinary Meeting held on 24 February 2020 Councillor Greg Davies proposed that Council develop and forward a motion to the ALGA requesting that the government develop and adopt a fire technician course so interested parties can gain formal qualification.

 

Accordingly, council officers have developed the following motion to be submitted to the National General Assembly.

 

Motion Title

Fire Technician Course

 

Motion

The National General Assembly calls on Australian Government to develop and adopt a fire technician course so interested people can gain a qualification.

 

Summary of Key Arguments

 

The adopted measures recently undertaken by the NSW State Government to identify competent fire safety practitioners will allow accredited persons to be employed by the companies they serve. This may lead to pressure to sign off on compliance through pressure applied by the company or accreditation body.

Accreditation should be gained through a recognised TAFE or University course to make sure the adequate credentials and skills are gained and safety and adherence to Australian Standards is maintained.  Australian Standards should be involved in making sure existing standards are updated and relative to current construction methods. This gives clear definitions to those who have been subsequently trained in a recognised education qualification.

Financial Implications

There are no financial implications for Council associated with this report.

Risk Implications

There are no risk implications for Council associated with this report.

Conclusion

The motion would need to be considered and adopted by Council at tonight’s Ordinary Meeting, in order to be submitted to the National General Assembly prior to the closing date 27 March 2020.

 

RECOMMENDATION

That:

1.     The information contained in the report on 2020 Australian Local Government Association (ALGA) Annual General Assembly be received.

2.     The motion outlined in tonight’s report with respect to the Fire Technician Course be endorsed. 

 

ATTACHMENTS/APPENDICES

1.

ALGA National General Assembly - Discussion Paper

12 Pages

Attachments Included

  


Ordinary Meeting                                                                                                23 March 2020

 

 

 

16

Council Nursery Revitalisation Project - Easement for underground cables - Lot 112 DP774782   

 

Compiled by:               Julie Connell, Program Manager

Authorised by:            Nathan Ritchie, Property Development 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 property services and manage community and commercial requests for the use of Council owned or controlled land

      

 

Executive Summary

The purpose of this report is to seek Council’s approval for the creation of an easement for underground cables over Council’s Nursery located at 2151a Castlereagh Road, Penrith (Lot 112 DP774782). The easement is required to facilitate the nursery revitalisation project and will benefit Epsilon Distribution Ministerial Holding Corporation, trading as Endeavour Energy.

Background

Council’s Nursery at 2151a Castlereagh Road Penrith is undergoing a revitalisation to ensure that it best placed to meet the demands of our City with contemporary workspaces and improved technology. The proposed works include re-establishing and modernising planting facilities including plant beds, rebuilding the glass house, shaded plant storage areas, provision of chemical & material storage, staff amenities and office space to accommodate operational staff.

In addition, the proposed revitalisation includes a hardstand area that is located directly below existing dual level power lines owned by Endeavour Energy. This infrastructure is protected via a 15.24m wide easement to Endeavour Energy’s benefit. 

 

To ensure plant and equipment operations have safe clearance under the existing overhead powerlines, a section of these powerlines is required to be undergrounded. A new easement is required to protect the electrical infrastructure that will benefit Endeavour Energy. A plan of the proposed easement location is shown in annexure 1.

 

Subject to both Council and Endeavour Energy approvals, the proposed electrical infrastructure works are expected to commence in May 2020. All works relating to the creation of easement, including the preparation of the required documentation and formal registration of the easement, will be undertaken by Council within 6 months of the new underground electrical infrastructure being commissioned. Registration of the easement is subject to final inspection from Council’s surveyor to provide a final Easement Plan.

 

Financial Implications

Costs associated with the creation of proposed easement will be included as part of the project funds already allocated for the Council nursery project.

 

Risk Implications

The proposed easement is considered to represent a low risk to Council.

Conclusion

It is recommended that Council grant an easement for underground cables over Lot 112 DP774782 (Council Nursery) to the benefit of Epsilon Distribution Ministerial Holding Corporation, to meet Endeavour Energy requirements and ensure delivery of the Nursery revitalisation project.

 

RECOMMENDATION

That:

1.     The information contained in the report on Council Nursery Revitalisation Project - Easement for underground cables - Lot 112 DP774782 be received.

2.     Council grant an Easement over Lot 112 DP774782 for the electrical infrastructure as per the terms and conditions listed within the report.

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

 

 

ATTACHMENTS/APPENDICES

1.

Preliminary Easement Site Plan

1 Page

Appendix

2.

Location Plan - Council Nursery

1 Page

Appendix

  


Ordinary Meeting                                                                                                              23 March 2020

Appendix 1 - Preliminary Easement Site Plan

 


Ordinary Meeting                                                                                                              23 March 2020

Appendix 2 - Location Plan - Council Nursery

 

PDF Creator


Ordinary Meeting                                                                                                23 March 2020

 

 

 

17

Summary of Investment & Banking for the Period 1 January 2020 to 31 January 2020   

 

Compiled by:               James Legarse, Operational Project Accountant

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 January 2020 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 (the Act) (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 January 2020 to 31 January 2020 and a reconciliation of invested funds as at 31 January 2020.

 

The investment returns versus the benchmark as a percentage for January 2020 are:

·    Council portfolio current yield (including FRNs)       1.66%

·    90 day Bank Bill Swap rate (Benchmark)                 0.89%

 

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 January 2020, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for January 2020 and various Investment Summary and Investment Portfolio analysis tables and charts.

Financial Implications

Adopting the recommendations of this report confirms Council’s investment returns are performing better than the Benchmark. More detailed Financial Implications are contained in the attachment to this report.

Risk Implications

The Council’s investments have been placed in accordance with Section 625 of the Local Government Act 1993, relevant regulations and the Councils adopted Investment Policy. The 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 the Council’s risk tolerance.

Conclusion

This report confirms that the Councils investments have been placed in accordance with relevant legislation/regulations, the Council’s Investment Policy and highlights the Council’s investment performance for January 2020. Additionally, the report assures the Council that Council’s Cash Book and Bank Statements have been reconciled.

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.   The Council’s Cash Book and Bank Statements have been reconciled as at 31 January 2020.

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Andrew Moore

Responsible Accounting Officer

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investment & Banking for the Period 1 January 2020 to 31 January 2020 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period 1 January 2020 to 31 January 2020 be noted and accepted.

3.     The graphical investment analysis as at 31 January 2020 be noted.

 

 

ATTACHMENTS/APPENDICES

1.

Investment Report as at 31 January 2020

6 Pages

Appendix

  


Ordinary Meeting                                                                                                              23 March 2020

Appendix 1 - Investment Report as at 31 January 2020

 

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Ordinary Meeting                                                                                                23 March 2020

 

 

 

18

Summary of Investment & Banking for the Period 1 February 2020 to 29 February 2020   


   

 

Compiled by:               James Legarse, Operational Project Accountant

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 February 2020 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 (the Act) (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 February 2020 to 29 February 2020 and a reconciliation of invested funds as at 29 February 2020.

 

The investment returns versus the benchmark as a percentage for February 2020 are:

·    Council portfolio current yield (including FRNs)       1.62%

·    90 day Bank Bill Swap rate (Benchmark)                 0.89%

 

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 February 2020, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for February 2020 and various Investment Summary and Investment Portfolio analysis tables and charts.

Financial Implications

Adopting the recommendations of this report confirms Council’s investment returns are performing better than the Benchmark. More detailed Financial Implications are contained in the attachment to this report.

Risk Implications

The Council’s investments have been placed in accordance with Section 625 of the Local Government Act 1993, relevant regulations and the Councils adopted Investment Policy. The 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 the Council’s risk tolerance.

Conclusion

This report confirms that the Councils investments have been placed in accordance with relevant legislation/regulations, the Council’s Investment Policy and highlights the Council’s investment performance for February 2020. Additionally, the report assures the Council that Council’s Cash Book and Bank Statements have been reconciled.

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.   The Council’s Cash Book and Bank Statements have been reconciled as at 29 February 2020.

A close up of a deviceDescription automatically generated

Andrew Moore

Responsible Accounting Officer

RECOMMENDATION

That:

1.   The information contained in the report on Summary of Investment & Banking for the Period 1 February 2020 to 29 February 2020 be received.

2.    The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period 1 February 2020 to 29 February 2020 be noted and accepted.

3.    The graphical investment analysis as at 29 February 2020 be noted

 

 

ATTACHMENTS/APPENDICES

1.

Investment Report as at 29 February 2020

6 Pages

Appendix

  


Ordinary Meeting                                                                                                              23 March 2020

Appendix 1 - Investment Report as at 29 February 2020

 

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