Council_Mark_POS_RGB

20 May 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 remotely using audio visual links and audio streamed on the Council website on Monday 25 May 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

Leave of absence has been granted to:

Councillor Marcus Cornish - 25 May 2020 to 21 July 2020 inclusive.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 27 April 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

Local Traffic Committee Meeting - 4 May 2020.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 25 May 2020

 

table of contents

 

 

 

 

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

 

 

PRAYER

 

 

meeting calendar

 

 

confirmation of minutes

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 



 

 

 

 

 

 

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.”

 

 

 

 

 


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 & amended - 25 March 2020)

 

 

 

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

 

 

 

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 REMOTELY USING AUDIO VISUAL LINKS AND AUDIO STREAMED ON THE COUNCIL WEBSITE ON MONDAY 27 APRIL 2020 AT 7:00PM

 

PRESENT

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

WEBCASTING STATEMENT

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

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 23 March 2020

68  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that the minutes of the Ordinary Meeting of 23 March 2020 be confirmed.

  

DECLARATIONS OF INTEREST

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest - Not Significant n Item 10 – NSW Government Grants – Everyone can Play and Community Building Partnership – Successful Project, as he works for the Office of the Minister of Sport.

 

SUSPENSION OF STANDING ORDERS

69  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown OAM that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:04pm.

 

Ms Mary Vella

 

Item 11 - Exhibition of Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges)

 

A Council staff member read out Ms Mary Vella’s application to address the Ordinary meeting and outlined her reasons for opposition to the recommendation as follows:

 

Ms Vella expressed her concerns regarding the proposed land rates for 2020-2021 and the effect on rural landholders. Ms Vella highlighted the financial hardships experienced by various rural landholders and the inability to pay for such a major increase in rates. She also provided a comparison between the rural land rates at surrounding Councils such as Blacktown City Council and Hawkesbury City Council. She also highlighted the lack of Council services provided in the rural areas such as drainage and kerbs and gutters. She requested a review of Council land rates for rural properties.

Mr Mario Pace

 

Item 11 - Exhibition of Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges)

 

A Council staff member read out Mr Mario Pace’s application to address the Council meeting and outlined his reasons for opposition to the recommendation as follows:

 

Mr Pace expressed his concerns regarding the increase in Council land rates for rural properties. He stated that rural residents are unfairly disadvantaged and not provided with adequate Council services and facilities such as stormwater drainage, footpaths etc. Mr Pace highlighted that most Council services and amenities are provided to urban areas, rather than rural areas. He requested that Council decrease land rates for rural landholders. 

 

Ms Elisa Tadesco

 

Item 11 - Exhibition of Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges)

 

A Council staff member read out Ms Elisa Tadesco’s application to address the Council meeting and outlined her reasons for opposition to the recommendation as follows:

 

Ms Tadesco expressed her concerns in relation to increased land rates on behalf of the Mount Vernon Community and the lack of Council services available. Ms Tadesco also requested that Council assist the members of the community who are experiencing financial hardships by utilising the base rate system. 

 

RESUMPTION OF STANDING ORDERS

70  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown OAM that Standing Orders be resumed, the time being 7:29pm.

  

Mayoral Minutes

 

1        The Passing of David King                                                                        

71  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the Mayoral Minute on The Passing of David King be received.

 

2        The Passing of Garry Rumble OAM                                                          

72  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the Mayoral Minute on The Passing of Garry Rumble OAM be received.

 

3        Mayoral Charity Golf Day                                                                           

73  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa that the Mayoral Minute on Mayoral Charity Golf Day be received.

 


 

 

4        Louise Petchell Sustainability Scholarship                                             

74  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM that the Mayoral Minute on Louise Petchell Sustainability Scholarship be received.

 

5        COVID - 19 Community Support                                                               

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

 

That:

 

1.   The Mayoral Minute on COVID - 19 Community Support be received and the measures announced adopted.

 

2.   Council commend the NSW and Australian Governments on their stewardship during this crisis and commit to working in partnership to protect community health and sustain local economies through this crisis.

 

3.   Council endorse Local Government NSW’s sector-wide campaign to obtain financial assistance, employment support and stimulus funding for the local government sector.

4.   Council call on the Australian and NSW Governments to deliver comprehensive and multifaceted financial support and stimulus packages to local government, to enable local government to continue operating effectively and providing essential services during the COVID-19 pandemic and beyond.

 

 

Notices of Motion

 

1        Grading of Rural Gutters                                                                           

76  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that Council bring a report to a meeting that addresses how we can increase our program of grading for all rural gutters on a two or three year cycle to assist in preventing gutters becoming overgrown and increased water flow which causes damage to roads and property.

 

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 6 April 2020                                                                     

77  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 April, 2020 be adopted.

 


 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Interim Centres Strategy for the East West Corridor                             

78  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Mark Davies

That:

1.     The information contained in the report on Interim Centres Strategy for the East West Corridor be received

2.     Council endorse the Interim Centres Strategy for the East West Corridor.

 

 

Outcome 4 - We have safe, vibrant places

 

2        Greater Sydney Women's Safety Charter                                                

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

That:

1.     The information contained in the report on Greater Sydney Women's Safety Charter be received

2.     Council become a signatory to the Greater Sydney Women’s Safety Charter.

 

3        Kingswood Park Community Action Plan 2019-22                                 

80  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Bernard Bratusa

That:

1.     The information contained in the report on Kingswood Park Community Action Plan 2019-22 be received

2.     That Council endorse the delivery of the Kingswood Park Community Action Plan 2019-22.

 

4        Neighbourhood Renewal Action Plans - Progress Report                    

81  RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Tricia Hitchen that the information contained in the report on Neighbourhood Renewal Action Plans - Progress Report be received.

 


 

 

5        RFT 19/20-34 Soper Place Infrastructure                                                 

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

That:

1.     The information contained in the report on RFT 19/20-34 Soper Place Infrastructure be received.

2.     The proposal and lump sum price from Statewide Civil Pty Ltd Pty Ltd for the amount of $2,343,498 (excluding GST) be accepted for the construction of Soper Place Infrastructure 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.

 

6        RFT19/20-28 Supply and Installation of Workstations and Office Furniture                                                                                                      

83  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney

That:

1.     The information contained in the report on RFT19/20-28 Supply and Installation of Workstations and Office Furniture be received

2.     A panel of suppliers comprising Krost Business Furniture Centre Pty Ltd as preferred supplier and Accent Furniture as second preferred supplier be established for the scope of works outlined in RFT 19/20-28 supply and installation of workstations and office furniture.

 

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

 

Outcome 5 - We care about our environment

 

7        South Creek Floodplain Risk Management Study and Plan                  

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

That:

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

2.     The South Creek Floodplain Risk Management Study and Plan Final Report dated February 2020 be adopted.

3.     The South Creek 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 South Creek Floodplain Risk Management Study and Plan reports dated February 2020 for inclusion by Council in future Capital Works Programs and for grant funding applications.

5.     Council consider the flood planning recommendations listed in the South Creek Floodplain Risk Management Study and Plan Final Reports 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 South Creek Floodplain Risk Management Study and Plan and thanking them for their continued support of Council’s Floodplain Management program.

 

 

Outcome 6 - We are healthy and share strong community spirit

 

8        Penrith Sport and Recreation Strategy                                                    

85  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney

That:

1.     The information contained in the report on Penrith Sport and Recreation Strategy be received

2.     Council adopt the Penrith Sport and Recreation Strategy.

3.     Council adopt the Penrith Sport and Recreation Strategy Executive Summary.

4.    The mixed recreation facility at Bennett Park, St Marys specifically include a skate park.

 

9        Waterplay Facility in Jamison Park                                                          

86  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Brian Cartwright that the information contained in the report on Waterplay Facility in Jamison Park be received.

 

10      NSW Government Grants - Everyone Can Play and Community Building Partnership - Successful Projects                                            

87  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Mark Davies

That:

1.     The information contained in the report on NSW Government Grants - Everyone Can Play and Community Building Partnership - Successful Projects be received

2.     Council endorse the Community Building Partnership (CBP) grants awarded and the funding contribution for the projects at;

-     Brian King Park Playspace, Oxley Park

§ CBP $49,775; Council $140,000

-     Robin Wiles Park Playspace, North St. Marys

§ CBP $9,245; Council $12,000

-     Myrtle Road, Claremont Meadows

§ CBP $24,750; Council $22,500

-     Chapman Gardens Outdoor Fitness Gym, Kingswood

§ CBP $30,000, Council $40,000

 

3.     Council endorse the Everyone Can Play (ECP) grants awarded and the funding contribution for projects at;

-     Brian King Park Playspace, Oxley Park

§ ECP $50,000; Council $140,000

-     Ironbark Reserve, Cranebrook

§ ECP $50,000; Council $121,400

-     The Carriageway, Glenmore Park

§ ECP $40,000; Council $40,000

 

4.     Council endorse entering into funding agreements with NSW Government for the successful CBP and ECP grants awarded.

 

5.     Letters be provided to the successful community organisations providing Council approval to accept the award of CBP grant awards including; Penrith BMX, St Clair Comets JRLC, St Marys Netball Club, and Nepean Naval Museum.

 

6.     Letters of appreciation be provided to community organisations that supported Council’s ECP and CBP grant applications.

 

7.     Letters of appreciation be provided to  The Hon. Stuart Ayres MP, The Hon. Tanya Davies MP, and Ms Prue Car MP thanking them for allocating funding to the CBP and ECP projects.

 

 

 

Outcome 7 - We have confidence in our Council

 

11      Exhibition of Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges)                 

A MOTION was MOVED by Councillor Mark Davies seconded Councillor John Thain

That:

1.     The information contained in the report on Exhibition of Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges) be received.

2.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the Draft Delivery Program 2017-22 (incorporating the Operational Plan for 2020-21 and Draft Fees and Charges 2020-21) be placed on Public Exhibition for 28 days commencing on Monday 4 May 2020 and closing on Monday 1 June 2020 (inclusive).

3.     The Public Exhibition arrangements are implemented as detailed in this report, and submission from the community are invited.

4.    Council write to the NSW Premier, The Hon. Gladys Berejiklian, MP and Minister for Local Government, The Hon. Shelley Hancock, MP during the exhibition of the Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges) seeking the deferral of the recent valuations issued by the NSW Valuer General.

 

An AMENDMENT was moved by Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM

          That:

1.     The information contained in the report on Exhibition of Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges) be received.

2.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the Draft Delivery Program 2017-22 (incorporating the Operational Plan for 2020-21 and Draft Fees and Charges 2020-21) be placed on Public Exhibition for 28 days commencing on Monday 4 May 2020 and closing on Monday 1 June 2020 (inclusive).

3.     Council not apply the 2.6% IPART determination in 2020-21 so that the total rates levied generates the same level of income as 2019-20 and that Council does not seek to recover that amount on top of the next IPART determination for 2021-22. 

4.     The Public Exhibition arrangements are implemented as detailed in this report and recommendations, and submissions from the community are invited.

The AMENDMENT was PUT.

The AMENDMENT was LOST.

88  A FURTHER AMENDMENT was moved by Councillor Mark Davies seconded Councillor John Thain

          That:

1.     The information contained in the report on Exhibition of Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges) be received.

2.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the Draft Delivery Program 2017-22 (incorporating the Operational Plan for 2020-21 and Draft Fees and Charges 2020-21) be placed on Public Exhibition for 28 days commencing on Monday 4 May 2020 and closing on Monday 1 June 2020 (inclusive).

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

4.    Council write to the NSW Premier, The Hon. Gladys Berejiklian, MP and Minister for Local Government, The Hon. Shelley Hancock, MP during the exhibition of the Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges) seeking the deferral of the recent valuations issued by the NSW Valuer General.

5.    Council advocate to both levels of government for increased support for pensioners including an increase in the Pensioner Rebate to be at least 50%.

The FURTHER AMENDMENT was PUT.

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

 

12      Union Road Project                                                                                    

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

That:

1.     The information contained in the report on Union Road Project be received

2.     Council resolve to mutually agree to withdraw from the Project Delivery Agreement

3.     The General Manager be delegated to execute the Deed of Termination

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

 

13      Registration of a restriction and a positive covenant over Council owned land located at 86 Reid Street Werrington, Lot 5 DP28248       

90  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Aaron Duke

That:

1.     The information contained in the report on Registration of a restriction and a positive covenant over Council owned land located at 86 Reid Street Werrington, Lot 5 DP28248 be received

2.     Council permit the registration of a restriction as to the user and a positive covenant relating to the stormwater management system

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

 

14      Audit, Risk & Improvement Committee                                                    

91  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor John Thain that the information contained in the report on Audit, Risk & Improvement Committee be received.

 

15      Insurance Contributions 2020/21                                                              

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

That:

1.     The information contained in the report on Insurance Contributions 2020/21 be received.

2.     Council retains its $100,000 claims excess for Public Liability & Professional Indemnity cover and agrees to pay a contribution of $917,000 to CivicRisk West for this cover.

3.     Council retains its $20,000 claims excess for Industrial Special Risk (Property) cover and agrees to pay a contribution of $867,000 to CivicRisk Mutual for this cover.

4.     Council retains its $2,000 excess for comprehensive motor vehicle cover and agrees to pay a contribution of $249,000 to CivicRisk Mutual for this cover.

5.     Council agrees to pay a contribution of $117,000 for Management Liability cover.

6.     Council agrees to pay a contribution of $38,000 for Fidelity Guarantee / Crime cover.

7.     Further investigations be carried out in conjunction with the broker, Willis Towers Watson, regarding the purchase of tailored flood insurance.

 

16      Summary of Investment & Banking for the Period 1 March 2020 to 31 March 2020                                                                                                  

93  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Robin Cook

That:

1.     The information contained in the report on Summary of Investment & Banking for the Period 1 March 2020 to 31 March 2020 be received

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period 1 March 2020 to 31 March 2020 be noted and accepted.

3.     The graphical investments analysis as at 31 March 2020 be noted.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           20 Robert Street, Penrith   

Councillor Kevin Crameri OAM requested a memorandum to all Councillors regarding the heritage listing of the building located at 20 Robert Street, Penrith and if a heritage study was carried out.

 

RR 2           Property Matter - Terrybrook Road, Llandilo        

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

 

RR 3           David King Memorial Award       

Councillor Greg Davies requested that Council consider creating a David King memorial award in remembrance of his outstanding service and childcare advocacy work. 

 

Committee of the Whole

 

94  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Kath Presdee that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:26pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Brian Cartwright seconded Councillor Kath Presdee that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

Outcome 7

 

2        Acquisition for Carparking                                                                                               

 

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

 

3        Financial Position - COVID-19                                                                                         

 

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

 

4        Property Matter – Terrybrook Road, Llandilo

 

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

 

 

The meeting resumed at 10:07pm and the General Manager reported that the Committee of the Whole met at 9:26pm on Monday, 27 April 2020, the following being present

 

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

 

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


 

 

CONFIDENTIAL BUSINESS

 

2        Acquisition for Carparking                                                                                               

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor John Thain

CW2 That:

1.     The information contained in the report on Acquisition for Carparking be received.

2.     Council make an application to the Minister and the Governor for approval  to acquire the interests described in BK 3398 No 627 Easement for Support 8.5 metre(s), BK 3398 No 627 Right of Carriageway 8.5 metre(s) in title Lot 1 Deposited Plan 1255137 and Easement for Support Variable Width (R679226) shown in DP452461 by compulsory process under section 186(1) of the Local Government Act 1993 for the purpose of public carparking in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

3.     Council approve the extinguishment of the interests described in BK 3398 No 627 Easement for Support 8.5 metre(s), BK 3398 No 627 Right of Carriageway 8.5 metre(s) in title Lot 1 Deposited Plan 1255137 and Easement for Support Variable Width (R679226) shown in DP452461.

 

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

 

 

3        Financial Position - COVID-19                                                                                         

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Brian Cartwright

CW3 That the information contained in the verbal report on Financial Position - COVID-19 be received.

 

 

4        Property Matter – Terrybrook Road, Llandilo       

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies

CW4  That the information discussed be noted.

 

ADOPTION OF Committee of the Whole

 

95  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

 

There being no further business the Chairperson declared the meeting closed the time being 10:12pm.

 



Mayoral Minutes

 

Item                                                                                                                                       Page

 

1        Response to COVID-19 and Taskforces for Recovery                                                      1

 

 

 



Ordinary Meeting                                                                                                    25 May 2020

 

Mayoral Minute

Response to COVID-19 and Taskforces for Recovery

           

 

At the April Ordinary Meeting, Council received a Mayoral Minute on the significant measures Penrith City Council had already implemented to support our community. At that meeting, Councillors supported expanding community assistance by endorsing our 2020-21 Operational Plan.

 

I am proud to provide an update on Council’s response to the COVID-19 pandemic and our current actions to support recovery.

 

Council’s innovation and agility has been highlighted during this difficult period. Not only have we continued to deliver services across the LGA, we have pivoted our programs and initiatives to find new and exciting ways to support and connect with our community.

 

Partnerships have been a vital part of our response to COVID-19. Council has worked with Nepean Food Services to deliver 250 wellbeing packages, and teamed up with Nepean Blue Mountains Local Health District to offer free flu vaccinations to 116 vulnerable older people in North St Marys and Kingswood. Our Neighbourhood Renewal Team is facilitating a working group with our key partners to address community need and identify opportunities for collaboration.

 

Through Council’s social media platforms, we are leading the way in connecting residents to a range of local services offering food hampers, financial assistance, mental health and parenting support as well as legal advice.

 

Council’s Thursday Night Live – Lockdown Series, which livestreams local musicians via our Facebook page, has been viewed 23,600 times over 7 weeks.

 

While Council will continue to look for safe ways to deliver our services and to keep our community connected with us and one another, we are also acting now to build resilience and support for our City’s post-coronavirus recovery.

 

Council is establishing two taskforces to aid community and economic recovery.

Together, the Penrith Community Recovery Taskforce and the Penrith Economic Recovery Taskforce will help Council accelerate sustainable social, cultural, economic and environmental recovery in Penrith in the wake of the COVID-19 pandemic.

 

The Deputy Mayor and I will each chair a taskforce which will include members from a range of sectors who will provide specialist knowledge and advice. We will meet monthly until May 2021.

 

The dedicated taskforces will deliver a planned response to the recovery efforts, build resilience and act as a conduit, making recommendations to Council, industry bodies and the NSW Government.

 

Council is uniquely positioned to support the community including our local small business community throughout the recovery process, to build a stronger and more resilient Penrith into the future.

 

 

Councillor Ross Fowler OAM

Mayor

 

RECOMMENDATION

That the Mayoral Minute on Response to COVID-19 and Taskforces for Recovery be received.

  


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 4 May 2020                                                                                                                                              1

 

 

 



Ordinary Meeting                                                                                                    25 May 2020

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 4 May, 2020

 

 

 

(Note: due to prevailing public health crisis, and related COVID-19 protocols, the Local Traffic Committee Business Paper and reports were referred to members and dealt with via electronic correspondence). 

DISTRIBUTED TO

Deputy Mayor, Councillor Karen McKeown OAM (Council Representative), Councillor Robin Cook (Representative for the Member for Londonderry), Councillor Tricia Hitchen (Representative for the Member for Penrith), Councillor Marcus Cornish, Wayne Mitchell - Director Development and Regulatory Services (Chair), Sergeant Matthew Shirvington - Nepean Police Area Command (PAC), Senior Constable Stephen Page - Nepean Police Area Command (PAC), Brana Ravichelvan - Transport for NSW (TfNSW), Charles Choucair - Transport for NSW (TfNSW), David Lance - Transport for NSW (TfNSW), Steve Grady - Busways, Ben Cantor – Busways, Jodie Mallia – CDC Bus NSW, Asith Nagodavithane - Transit Systems, Adam Wilkinson – Engineering Services Manager, David Drozd – Traffic Engineering Coordinator, Graham Green – Senior Traffic Engineer, 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, Andrew Pierce – Coordinator Ranger and Animal Services, Kiera Murphy – Senior Ranger.

 

APOLOGIES

NIL.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 6 April 2020

The minutes of the Local Traffic Committee Meeting of 6 April 2020 were confirmed.

 

DECLARATIONS OF INTEREST

NIL.

 

DELIVERY PROGRAM REPORTS

 

In response to the emerging COVID-19 situation, Council has determined that all non-essential committee meetings such as the Local Traffic Committee are to be cancelled through until late May (at this time).

 

Accordingly, Penrith Council will not be convening the LTC Meeting on 4 May 2020. Instead we would like to complete the scheduled business remotely through electronic correspondence.

 

So, in relation to the upcoming LTC Meeting for 4 May 2020, and similar to the most recent LTC Business Paper, we again propose a “virtual” process;

1.   The Business Paper is prepared as per normal and goes out electronically to the membership – A week before the first Monday of every month

2.   Non-essential LTC items are not reported on – but may be emailed to TfNSW, Police and Busways as per normal protocols

3.   The membership is given 5 working days to provide comment, from the day the Business Paper is emailed out – with all comments directed through (and compiled by) the David Drozd.

4.   Those matters (recommendations) which are not commented on are moved / endorsed after the 5 day period

5.   Those matters which are commented on / don’t reach agreement, are deferred for further information or changes to these reports

6.   A set of “Minutes” will be prepared as usual based on the comments received from the members

7.   Endorsement by the Monday night Council proceeds as usual – (usually three weeks post LTC)

As usual, the minutes will be available to all of the membership post Council meeting on Council’s webpage.

 

 

Outcome 3 - We can get around the City

 

1        Jamison Park, South Penrith - Endorsement of Signage and Line Marking Plan                                                                                                  

RECOMMENDED

That:

1.     The information contained in the report on Jamison Park, South Penrith - Endorsement of Signage and Line Marking Plan be received.

2.     The signage and line marking plan TS0034 dated May 2020 as shown in Appendix 1 be endorsed for installation.

3.     The groups/associations that use Jamison Park and Council’s Community Facilities and Recreation department be advised of Council’s resolution.

4.     The residents that raised concerns about speeding within Jamison Park, South Penrith be advised of Council’s resolution.

 

 

2        Garnet Drive and Delaware Avenue, Caddens - Proposed 'No Stopping' Signage at Intersection                                                               

Councillor Tricia Hitchen (Representative for the Member for Penrith) thanked Council Officers for their quick action in relation to this matter.

RECOMMENDED

That:

1.    The information contained in the report on Garnet Drive and Delaware Avenue, Caddens - Proposed 'No Stopping' Signage at Intersection be received.

2.    Consultation be undertaken with affected residents regarding Council’s proposal to install ‘No Stopping’ signage at the intersection of Garnet Drive and Delaware Avenue, Caddens as shown in Appendix 1.

3.    Subject to no substantial objections being received, ‘No Stopping’ restrictions be installed at the intersection of Garnet Drive and Delaware Avenue, Caddens, as shown in Appendix 1.

4.    Council’s Signs and Lines Marking Supervisor be requested to coordinate the renewal of the Give Way and BB line marking at the intersection.

5.    Councillor Tricia Hitchen and Council’s Rangers be advised of Council’s resolution.

 

3        2 Pearra Way, Claremont Meadows - Provision of 'No Parking' Restrictions                                                                                                   

RECOMMENDED

That:

1.     The information contained in the report on 2 Pearra Way, Claremont Meadows - Provision of 'No Parking' Restrictions be received.

2.     Notification be undertaken with affected residents surrounding the proposed ‘No Parking’ restrictions at the turning bay on Pearra Way, Claremont Meadows.

3.     ‘No Parking’ restrictions be installed across the tuning bay fronting 2 Pearra Way, Claremont Meadows, as shown in Appendix 1.

4.     Councillor Greg Davies, Councillor Robin Cook, Councillor Tricia Hitchen, Councillor Bernard Bratusa, the resident that raised the matter and Council’s Rangers be advised of Council’s resolution.

 

4        Western North-South Link Road, Erskine Park - Endorsement of Signage and Line Marking Plan                                                                   

RECOMMENDED

That:

1.     The information contained in the report on Western North-South Link Road, Erskine Park - Endorsement of Signage and Line Marking Plan be received.

2.     The signage and line marking plan prepared by AT&L for the Western North-South Link Road (WNSLR) (Project No. 15-272, Issue 2, Dated 09-04-20) be endorsed for installation, 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.     Lighting for the Western North-South Link Road must be compliant with AS/NZS 1158 ‘Lighting for roads and public spaces’.

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

 

 

5        Distribution Drive, Orchard Hills - Proposed 'No Stopping - Emergency Vehicles Excepted' Parking Restrictions                              

RECOMMENDED

That:

1.     The information contained in the report on Distribution Drive, Orchard Hills - Proposed 'No Stopping - Emergency Vehicles Excepted' Parking Restrictions be received.

2.     Consultation be undertaken with affected businesses regarding the proposed installation of ‘No Stopping – Emergency Vehicles Excepted’ signs on Distribution Drive, Orchard Hills as shown in Appendix 1.

3.     Subject to no substantial objections being received, the proposed ‘No Stopping – Emergency Vehicles Excepted” parking restrictions east of each driveway (Gates 4 and 6) of the FRNSW Emergency Academy on Distribution Drive, Orchard Hills be installed as shown in Appendix 1.

4.     Fire and Rescue NSW Emergency Academy and Council’s Rangers be advised of Council’s resolution.

 

 

Brana Ravichelvan of Transport for NSW advised that he has no objections with any of the LTC items.

 

As the Business Paper was distributed to the whole LTC membership and there were no objections to any of the LTC items, it can be accepted that all items are carried without change.

 

The LTC Business paper was released on the 29 April 2020 and the electronic meeting closed on 5 May 2020.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 May, 2020 be adopted.

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Outcome 2 - We plan for our future growth

 

1        Liveability Project - detailed design for Regatta Park, Emu Plains                                   1

2        Planning Proposal - Glenmore Park Stage 3

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                16

 

3        Submission to Proposed Amendments to State Environmental Planning Policy (Penrith Lakes) 1989                                                                                                                      39

 

 

Outcome 7 - We have confidence in our Council

 

4        RFT19/20-07 Chesham Street Road Upgrade                                                                59

 

5        Transfer of Pioneer Church Cemetery Castlereagh – Lot 281 DP752021                      63

 

6        Organisational Financial Review - March 2020                                                               65

 

7        Sundry Debtor Write off                                                                                                    73

 

8        Summary of Investment & Banking for the Period 1 April 2020 to 30 April 2020           76

 

 

 

 

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                       Page

 

1        Liveability Project - detailed design for Regatta Park, Emu Plains                                   1

 

2        Planning Proposal - Glenmore Park Stage 3

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                16

 

3        Submission to Proposed Amendments to State Environmental Planning Policy (Penrith Lakes) 1989                                                                                                                      39

 

 

 

 

 



Ordinary Meeting                                                                                                    25 May 2020

 

 

 

1

Liveability Project - detailed design for Regatta Park, Emu Plains   

 

Compiled by:               Alison Randall, City Precinct Facilitator - Nepean River

Authorised by:            Nathan Burbridge, Economic Initiatives Manager

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

The purpose of this report is to outline the detailed designs proposed for the Regatta Park embellishment project and seek Council’s endorsement of those designs.

Background

This project is an identified priority project for Council as outlined in Council’s Community Strategic Plan. It is underpinned by the Our River Masterplan (2013).

 

In February 2019, Council received from the NSW State and Commonwealth governments joint funding of $15 million via the Western Sydney City Deal Liveability grant. In addition, Council invested $9 million to contribute to the delivery of this project.

 

Council engaged design consultants McGregor Coxall Landscape Architects to produce a concept design that was presented to Council in November 2019. On the 4th May, the detailed design was presented to Council at a Councillor briefing.

 

The Regatta Park embellishment project is identified as part of the Our River Masterplan that is being progressively delivered. It will be a key asset for our community serving as a cool refuge in hot summers and providing a vibrant green space for civic, community and cultural events and quality open space that will connect our community closer to the river.

Community Consultation

An initial engagement took place in November 2019 to consult with residents who will be affected by the requirement of this project to re-align the current River Road. This engagement was aimed at capturing the feedback of those affected residents to ensure it informed the final detailed design.

 

A summary of that engagement is listed below:

•     220 affected residents (those who live in close proximity to Regatta Park) were letterbox dropped on 18 November 2019

•     Western Weekender media release of this stage of engagement along with the status of the whole project was published on 19 November 2019, and

•     In January 2020, Council called on the broader community to have their say on the design of new play spaces at Regatta Park. Overall consultation was extremely positive, and the community expressed a keen interest in the project, and desire to be involved in shaping its design.

Community reactions on social media were impressive, demonstrating the communities desire to see the project delivered.

 

The online survey Have Your Say was the most successful communication channel, with over 1,700 responses to what values people have for the park and how it will be used, 117 ideas uploaded and over 2,700 views of the Regatta Park video.

 

As part of the Have Your Say platform the community was asked to select their favorite play elements and to indicate ideas for the new play space which will inform the way the park is designed. The opportunity was provided to upload images of play elements that they would like to see within Regatta Park or any images of places that they have been to and really enjoyed, and to tell us what they liked about that place. They could also click on the love heart icon on already uploaded images to tell us that they liked that image as a voting tool.

The community highly values a diverse park design with spaces for individuals, small groups and large groups. These outcomes are all represented in the proposed detailed design.

 

The most valued elements (numbers of likes are shown after the element) for Regatta Park are:

•   Natural shade (306)

•   Playground (299)

•   Shade structures (287)

•   Water drinking stations (281)

•   Water play (278)

•   BBQ facilities (252)

•   Kiosk/cafe (241)

•   Nature play (199)

•   Gardens / landscaping (192)

•   Inclusive play equipment (167)

•   Natural open space (162)

•   Informal kickabout space (107)

•   Exercise equipment (97)

•   WiFi Hotspot (68)

•   Other (57)

•   Biodiversity information (46)

 

The most valued activities are:

•   Picnics & BBQ’s (271)

•   Relax outdoor (248)

•   Play (242)

•   Meet friends/family (227)

•   Walk / dog walking (186)

•   Fitness - exercise stations (91)

•   Other (91)

•   Jogging / running (81)

•   Yoga (39)

 

During the consultation period comments have particularly influenced the final design of the playground areas and other play elements within the park.

Design objectives

The objective is to transform the Regatta Park precinct to enhance Penrith and the city centre as a destination. Key elements and features of the new Regatta Park will include:

•     high quality & diverse green public space,

•     access and connectivity to the river,

•     amenities including an adult change room facility,

•     opportunity for future commercial activity,

•     river views,

•     accessible pathways to the river,

•     inclusive public open space & play spaces,

•     activation of (underutilised) spaces,

•     biodiversity outcomes,

•     urban heat mitigation (shade structures, trees, water),

•     water play,

•     heritage interpretation, and

•     public art.

 

The realignment of River Road is fundamental to the planning for Regatta Park as it allows the connection between the more useable flat land in the park and the more scenic land of the riverbank. 

 

Key elements of the park

The principles and arrangement of the park include a riverbank play space, a second adventure play space, river foreshore enhancement and activation, junior cricket oval, functional car park, multi-use lawn and picnic areas throughout. The community consultation and feedback received has informed each element of the design. Appendix 2  to this report outlines the design of each element of the park.

 

The input provided by the community into the various play spaces gave us a good understanding of what the look and feel of the play spaces should be. The play spaces have been designed to offer a diverse range of play elements, for all ages and abilities. The park is highly accessible including the play spaces which have been designed with all users in mind. Other important considerations were shade & cooling, (natural) fencing, and connection to the wider park environment and landscape.

 

Principles and arrangement of the park:

 

1. Riverbank play space: This space will be provided at the top of the riverbank, providing views over the river and in proximity of BBQ, picnic areas and the kiosk that forms part of the future dining precinct. This space consists of three playing pods that will be enclosed by a small seating wall, with multiple entry points to provide a natural flow of movement throughout the spaces. One pod will consist of trampolines, as this was the highest rated play element from the community consultation. A second pod will provide play elements for smaller kids, such as diggers, a slide and a mini swing. A third pod will be dedicated to water play; with pumps, troughs, dams, showers and water jets. It will be an inclusive play space that is accessible to everyone.

 

2.Adventure play space: This space will be provided at the back of the park adjacent to the junior cricket oval and will feature both natural play elements and formal play equipment located in the natural shade of existing trees. This space will have a natural look and feel. A track around and through the space will provide all abilities access to the various inclusive and sensory play elements. Throughout the playground logs, steppers and ropes will be provided as an obstacle course. Central in the space is a large climbing net with slide will be provided. This space will be enclosed by a low fence and planting. It will be an inclusive play space that is accessible to everyone.

 

3.River foreshore: The riverbank and the foreshore will have a natural feel and will mainly be used for passive recreation providing improvements to the physical and visual connections of the River. New trees will be planted to stabilise the bank and to provide natural shade to the informal sandstone logs seating placed along the foreshore path that provide spaces to sit and relax near the waters edge. Installation of park benches will also be installed along the riverbank with a large set of steps with terraced seating running from the top of the bank down the central spine of the park that will provide access and views to the river.

 

4.Junior cricket oval: A 40m radius junior cricket oval has been preserved as part of this project that meets the requirements of Cricket NSW for an informal junior cricket space and for blind cricket to occur, that also includes a running track and seating around it. There are multiple access points with informal seating and natural shade.

 

5.Multi-use lawn and picnic areas: A multi-use lawn with a track around it will provide a large space for play and sports and will further activate this space. A buffer with native trees and grasses will screen off the Great Western Highway and will include picnic tables and informal picnic spaces under the shade of the existing trees.

 

The park furniture will be natural and compliment the river elements and will provide approximately 50 park benches, 13 platform benches, 20 picnic table settings, 5 picnic shelters, 3 large BBQs, informal seating throughout the park and 5 new river decks that will aim to be cater for the use of kayak launch pads.

 

6.Amenities: Two existing amenity blocks are located within Regatta Park. One on the river foreshore that is no longer in use and will be demolished as part of this project. A more recent amenities block is located at the back of the park and will remain near the car parking area. This current amenity block will be upgraded to include additional stalls and an adult change room facility.

 

7.Access and connectivity: All areas of the park are accessible, including the playgrounds designed to cater for all abilities. A network of paths is connected to the spine of the park and provides access throughout the park, while defining the various spaces. Two accessible walkways provide access to the river foreshore path. The shared path is connected to the Bridge to Bridge loop and to the shared path towards Emu Plains station. Council’s Access committee have been briefed and endorsed the concept design. Their feedback has also been considered in this design.

 

8.Car parking: 124 spaces will be delivered including overflow parking and accessible parking spaces. The car park has been designed to be able to provide access and proximity to all areas of the park. An access point to the driveway of the private residency at 8 River Road will be provided, including a retractable bollard to provide exclusive access to the resident.

 

9.Shade: The park will feature both natural shade and the use of shade sails, particularly in the areas that will be heavily used. The adventure play area will mostly be shaded by the large existing trees. Shade sails may still be required to be installed over this space and will be reviewed in line with Council’s shade policy. The riverbank play area will be fully shaded with shade sails and trees.

 

10.Trees: The design intent is to retain as many trees as possible. A total of approximately 50 trees will have to be removed for the new River Road and a total of approximately 60 trees will have to be removed for works in the park, such as the new car park and the cricket oval.

 

A total of approximately 400 new trees are proposed to be planted. At strategic points a limited number of trees will selectively be removed to create sightlines and connections to the river with new trees being provided along the foreshore to provide shade at seating area locations.

 

The tree species will include a mixture of hardy deciduous trees that will colour beautifully in autumn along the avenue boardwalk through the central spine of the park and an Illawarra Flame tree.

 

11.Public Art: Provision for public art installations have been incorporated in certain sections of the park design. The principles for these installations will be to reflect the natural setting and recognise the history and significance of the park including elements of contemporary design.

 

12.Heritage: External consultants have prepared a Review of Environmental Factors that will be on public exhibition this month. Councils heritage advisor has been consulted on numerous occasions and provided input into the design. A Cultural Management Plan has been prepared for the Heritage precinct within the park being; private residence at 8 River Road, Emu Plains, Old Police Station, Police Cottage and the Old Inn located on the Thai restaurant site. Heritage interpretation will be delivered within the parks design. Councils heritage committee have been briefed and endorsed the concept design. Their feedback has also been considered in this design

 

13.Future Dining Precinct: At present a Masterplan for the site is being prepared including an economic feasibility. The two site locations identified in Appendix C are a future proposed kiosk and amenity building located on the river foreshore next to the riverbank play area and the police cottage that is located on the corner of Punt Road and Great Western Highway, Emu Plains. The future dining precinct has been identified as phase two of this project as phase one of this project does not include funding for the delivery of the dining precinct. Council officers will continue looking for alternative funding sources to deliver this vision. The detailed design for Regatta Park has been designed to include the future use of a dining precinct.

 

14.Preparing for construction: A realignment of River Road is required to better connect the park from two spaces into one and to improve pedestrian safety, traffic modelling with counts have been prepared to support the proposed change. The width of the realigned road is the same width as the current road. Council officers have been working with 4 residents who made submissions during the consultation that are directly impacted by the road realignment. Several traffic calming devices will be subject to the final design that address the residents concerns. The use of River Road will be kept open during the construction phase until the new realigned road is constructed before being closed. The proposed traffic model will be brought to the Local Traffic Committee in the coming months.

 

To integrate the eastern and western precincts of Regatta Park, and to maximize usable green space, the existing River Rd needs to be relocated to the west forming a 4-way intersection at Lamrock Street. This intersection would also provide a safe signalised exit point for residents on York Street onto GWH. Lamrock Street is an approved B-double route and an additional left turn lane to accommodate the swept paths for B-doubles and semi-trailers leaving Lamrock street including the petrol tankers serving 7-Eleven at the corner of Lamrock Street is required.

 

Milestones

The following milestones for project delivery are as follows:

•     June 2020 Finalise design development stage,

•     July 2020 Publish final design to community,

•     September 2020 Prepare and release construction tender,

•     February 2021 Appoint contractor for construction,

•     March 2021 Commence construction,

•     September 2021 Accessible pathways on foreshore complete, and

•     December 2022 projected completion.

 

Financial Implications

The project is currently within budget of $24 million dollars. The cost of the current design of the park has been estimated at $8-9M, excluding GST. The River Road works have been estimated at $12M, excluding GST making for a projected total spend of $20.8 million on construction with the remainder set aside for contingencies. No additional financial implications for Council are associated with this report.

Risk Implications

A detailed Review of Environmental factors to assess any potential impacts of the proposed development to the environment has been conducted. While the review has identified some site constraints and potential risks; we have in place a risk mitigation strategy to reduce or eliminate these impacts without compromising project delivery.

Conclusion

Plans for the enhancement to Regatta Park to improve amenity and access to the foreshore of the Nepean River is a long-held aspiration of the community. The Our River Masterplan (2013) identified Regatta Park as a key site for enhancement to provide improved open space and recreational opportunities for residents of Penrith.

 

Council aspires to transform the current site into a beautiful large green open recreational space that will bring extensive benefits to residents and visitors. It will give a further boost to this well-loved part of Penrith which is already complemented by the popular Yandhai Nepean Crossing, the expanding east bank dining precinct and the redevelopment of Emu Hall into a restaurant and bar.

 

The information set out in this report be received and the detail design for Regatta Park be endorsed by Council to allow this project to move into the construction phase with project completion expected in December 2022.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Liveability Project - detailed design for Regatta Park, Emu Plains be received.

2.     The detail design for Regatta Park as shown in Appendix 1 and 2 of this report be endorsed by Council.

 

 

 

ATTACHMENTS/APPENDICES

1.

Detailed design plan - Regatta Park

1 Page

Appendix

2.

Park elements - Regatta Park

7 Pages

Appendix

3.

Dining Precinct - Regatta Park

1 Page

Appendix

  


Ordinary Meeting                                                                                                                  25 May 2020

Appendix 1 - Detailed design plan - Regatta Park

 


Ordinary Meeting                                                                                                                  25 May 2020

Appendix 2 - Park elements - Regatta Park

 








Ordinary Meeting                                                                                                                  25 May 2020

Appendix 3 - Dining Precinct - Regatta Park

 


Ordinary Meeting                                                                                                    25 May 2020

 

 

 

2

Planning Proposal - Glenmore Park Stage 3   

 

Compiled by:               Danielle Fox, Senior Planner

Abdul Cheema, City Planning Co-ordinator

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

     

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

 

Executive Summary

Council is in receipt of a Planning Proposal that seeks to amend the Penrith Local Environmental Plan (LEP) 2010 for a 206-hectare site located south of the established residential suburb of Glenmore Park, known as “Glenmore Park Stage 3” (the rezoning area). This site was also identified by Council through its Accelerated Housing Delivery Program.

The Planning Proposal seeks to amend the current rural and environmental management planning controls for the rezoning area to facilitate urban development. The rezoning area will provide approximately 2,550 - 2650 dwellings on varying lot sizes, a network of public open space and environmental corridors, a new neighbourhood centre, a primary school, retail shops and sporting fields.

Council officers and the proponents have worked together to make revisions to the Planning Proposal to address a complexity of key matters including, appropriate zones, minimum lot sizes and dwelling density across the site, biodiversity, visual and environmental impacts and, transition of the development to adjacent rural areas to achieve an innovative and appropriate outcome for the site.

The Local Planning Panel has provided advice on the Planning Proposal. The Panel generally supported the Planning Proposal in terms of site-specific merit and strategic consistency. The Panel have provided advice regarding traffic matters and future funding of road upgrades, minimum lot sizes and managing traffic noise.

Council officers have completed an assessment of the proposal and the justification and rationale for the proposed changes are supported. It is recommended that Council endorse the Planning Proposal to commence the Gateway process. A Gateway Determination will allow the public exhibition and community and agency consultation to occur, once any Gateway conditions are met.

Background

Glenmore Park Stage 3 is one of two sites selected by Council in November 2017 to pursue its Accelerated Housing Delivery Program, which investigated potential sites for new release housing delivery over the next 5 years, to supplement Penrith’s currently planned and established residential areas. Glenmore Park Stage 3 satisfied the criteria for this program as it is a logical extension of the existing suburb of Glenmore Park, has manageable environmental constraints, existing infrastructure allowing future servicing to be cost effective, and its location can capitalise on improved access by road and public transport via upgrades to The Northern Road and Chain-O-Ponds Road.

On 28 May 2018, Council received a Planning Proposal from Mirvac which seeks to amend the LEP for a 206-hectare site located south of the existing suburb of Glenmore Park. The Planning Proposal is seeking to amend the existing rural-residential and environmental management zoning and planning controls to allow for urban development. A location map identifying the rezoning area is provided at Attachment 1.

During the assessment of the Planning Proposal a complexity of matters have arisen that council officers and the proponents have worked together to address. These matters have included:

·    early engagement and consultation with the Mulgoa Landcare Group,

·    results from an independent peer review of the Planning Proposal’s Ecological Issues and Assessment Report,

·    preliminary recommendations from the Scenic and Cultural Landscape Study and the Rural Lands and Villages Strategy,

·    dwelling density and yield, minimum lot sizes and building separation,

·    appropriate location of the retail centre and school,

·    affordable housing

·    interfaces with The Northern Road and Chain-O-Ponds Road,

·    the treatment of the Northern Dam, and

·    mechanisms to provide certainty of outcome for the development including built form and urban heat responses.

 

The proponents have provided a revised Planning Proposal and masterplan for the rezoning area, provided separately as an enclosure for the information of Councillors and on Council’s website. Details of the revisions made to the Planning Proposal will be outlined later in this report.

 

Site Description

The rezoning area contains a total of 25 lots. It is bounded by the existing suburb of Glenmore Park in the north, The Northern Road in the east, Chain-O-Ponds Road in the south and the Mulgoa Nature Reserve and rural-residential properties to the west. The rezoning area is located approximately 6 km from the Penrith CBD. Two major groups own and/or control the majority of these lots.

 

At present the rezoning area is zoned RU2 Rural Landscape and E3 Environmental Management and lots are currently utilised for residue grazing, rural residential properties, equipment storage and equestrian uses, and one lot used for crop production.

 

Revisions to the Planning Proposal

A suite of revisions has been made to the Planning Proposal and masterplan to date and are included in the table below.

Key Matters

Planning Proposal revisions

Residential flat buildings (RFB)

 

The original Planning Proposal applied zones (including R1 General Residential zone) that permitted RFB’s. It also allowed for RFB’s in the Local Centre B2 zone.

 

The Planning Proposal has been amended to apply low and medium density residential zones to R2 and R3. These zones will prohibit RFB’s.

 

RFB’s have also been prohibited in the Local Centre B2 zone. However, it should be noted that shop-top housing is permitted in the B2 zone.

 

The site was considered unsuitable to support RFB’s due to:

-     the site’s distance from good public transport,

-     the desire for the site to respond to rural and visual amenity on the ‘rural edge’, and

-     the proposed 15m height of buildings to provide RFB’s was not appropriate in this location.

 

 

B2 Local Centre

 

The original Planning Proposal applied a 15m height of building for the B2 zone and located the retail centre fronting The Northern Road.

 

 

 

 

The Planning Proposal has been amended to apply a 12m height of buildings control for the B2 Local Centre. Shop-top housing will be permitted in this zone.

 

To provide for a more walkable and central location, the neighbourhood centre (including the retail centre and other community uses) was re-located to the west of the biodiversity corridor.

 

This amended location was identified as the most suitable location based on site constraints.

 

Mulgoa Valley boundary

 

The original Planning Proposal encroached on the Mulgoa Valley boundary (mapped in the Penrith LEP) with the inclusion of 161-173 Chain-O-Ponds Road (Lot 17) as the most westerly lot.

 

 

 

The Planning Proposal was amended to remove Lot 17 from the rezoning area, removing any encroachment on Mulgoa Valley boundary.

 

The Mulgoa Valley contains significant rural landscape, including cultural heritage values, scenic values and is the setting for the villages of Mulgoa and Wallacia. Penrith LEP clause 7.18 Mulgoa Valley seeks to protect and enhance the rural landscape of the valley, and to ensure development in the valley is consistent with conserving its rural and natural landscape, heritage and agricultural qualities. Any erosion of the Mulgoa Valley for urban development was not supported.

 

 

Environmental Corridors

 

The original Planning Proposal provided environmental corridors looping through the site. These corridors were zoned E2 Environment Conservation. However, these areas were interrupted with sections zoned RE1 Public Recreation.

 

 

Council engaged Abel Ecology to undertake a peer review of the Planning Proposal’s Ecological Issues and Assessment Report. This was initiated by council to ensure important environmental areas and riparian corridors were protected.

 

The environmental corridors identified in both reports largely align and have been carried over into the amended Planning Proposal in an E2 zone. RE1 zones are located adjacent to these corridors but do no longer interrupt them.

 

The amended Planning Proposal provides a 20m buffer to the Mulgoa Nature Reserve in the north-west of the site.

 

The peer review recommendation supports the E2 zones having a dual purpose to allow passive recreation.

 

The E2 corridors now provide an intact area of vegetation allowing for fauna movement, habitat connectivity, an ongoing food resource and, the vegetation of this area will aid in protecting water quality in the broader catchment.

 

Treatment of the Northern Dam

 

The original Planning Proposal sought to relocate and modify the Northern Dam. The Northern Dam is the largest water body within the rezoning area and is located in the north western part of the site.

 

 

The Planning Proposal was amended to retain the Northern Dam in its current location, as recommended by the Abel Ecology peer review report.

 

The proponents have advised that some works will need to be made (including modifications to the footprint and lowering the water level to avoid high retaining walls) in order to allow recreational activities and provide a safe environment for the community in an urban setting.

 

The retention of the dam will provide habitat and a food resource for wading birds, aquatic fauna and other species utilising the water body, as well as serving an aesthetic and recreational function.

 

Building Separation

 

The original Planning Proposal did not provide controls to manage building separation.

 

 

The Planning Proposal has been amended to provide certainty of outcome for building separation as follows:

 

-     For lots zoned E4 the side setbacks will be 5m for lots fronting Chain-O-Ponds Road,

-     For R2 zoned lots wider than 12.5m, side setbacks of 900mm are proposed. This would result in a separation of at least 1.8m between external walls of dwellings on adjoining lots of the same width.

-     For R2 zoned lots with a width of 12.5m or less, a zero-lot line model is proposed. Easements for access and maintenance (900mm wide) will be created on the adjoining lot to allow dwellings to be constructed on the zero-lot line boundary to provide separation for future dwellings. A second storey dwelling setback of 1.5m is also proposed. This will further reduce the bulk and scale of any dwelling and provide increased building separation.

-     For lots zoned R3, an integrated development model for delivery of subdivision and dwellings will be provided. Further detail on the integrated development model is provided later in this report.

 

Building separation will contribute to a quality streetscape and improved liveability for future residents.

 

Urban Heat

 

The original Planning Proposal did not contain any commitments for future dwellings or master planning to address urban heat into their designs.

 

 

The Planning Proposal has been amended to include a suite of measures to address urban heat matters including:

-     approximately 20% of the site to be zoned either E2 Environment Conservation or RE1 Public Recreation, and embellished with trees, native grasses and other landscape elements,

-     Mature 100 litre street trees to provide shade canopy,

-     A suite of measures for the medium density sites such as, solar panels, inverters and battery storage, metal non-reflective roofs to provide heat reflection,

-     Promote the use of prefabricated material to assist in waste minimisation, thermal massing and comfort,

-     Tree cover to line all hard surfaces and cycleways,

-     DCP controls for tree planting in front and rear yards,

-     Water bodies and water courses being incorporated into the estate design, and

-     Water sensitive urban design principles

 

These measures will be secured in a DCP site-specific chapter for the Glenmore Park Stage 3 site.

 

Council in its recently adopted Local Strategic Planning Statement, contains Planning Priority 20-Cool our city. Penrith is susceptible to urban heat impacts due to the climate, topography, geographical position, large and growing residential population and urban development. Specific and targeted building and design responses can go a long way to mitigating urban heat.

 

The Northern Road interface

 

The original Planning Proposal, proposed controls for lots fronting The Northern Road as follows:

-     Lots zoned R1 had no minimum lot size

-     Lots were within 40m from the edge of the trafficable carriageway.

 

 

 

 

 

The Planning Proposal was amended to provide a minimum lot size of 4,000m2 fronting The Northern Road and zoned E4 Environmental Living.

 

Further amendments include:

-     A new internal road network will result in the removal of driveways along The Northern Road,

-     a 10m landscape screen along the entire site frontage, except in front of the sports field where existing views can be maintained,

-     setback housing to address an internal perimeter road. Dwelling houses will be setback approx. 41.8m from the RMS boundary and approx. 60m from the edge of the trafficable carriageway.

-     Cross-sections have been provided to better demonstrate the landscape / urban design treatment to The Northern Road.

 

A rural gateway into Penrith is a longstanding planning objective. The amendments support this objective by providing a high urban design/ landscape treatment to The Northern Road.

 

Further discussion on The Northern Road interface is provided later in this report.

 

Interface with Chain-O-Ponds Road

 

The original Planning Proposal included controls for lots fronting Chain-O-Ponds Road as follows:

 

-     five road connections to Chain-O-Ponds Road.

-     Lots zoned R1 had a minimum size of 550m2,

-     Lot widths were proposed to be 25m with side and front setbacks of 3m and 8m respectively.

 

 

 

 

The amended Planning Proposal includes lots sizes and controls that reinforce an open landscape and important visual characteristics, to provide an effective transition on the periphery of the rezoning area.

 

Lots fronting Chain-O-Ponds Road will be zoned E4 Environmental Living and have a minimum lot size of 2,000m2.

Lot frontages will be 50m wide.

 

Front and side dwelling setbacks will be 15m and 5m minimum respectively.

 

Specific DCP provisions will be introduced for rural fencing and mature street trees to provide a transition to the rural land to the south of Chain-O-Ponds Road.

 

The number of road connections to Chain-O-Ponds Road has been reduced from 5 to 3.

 

These amendments provide an appropriate transition from the rezoning area to adjacent rural properties.

 

Further discussion on the Chain-O-Ponds Road interface is provided later in this report.

 

Interface with Mulgoa Nature Reserve (MNR)

 

In previous versions of the Planning Proposal, the minimum lot size for lots adjacent to the MNR and the most westerly lot (Lot 18), have ranged from 800m2 to 1000m2. Zones were originally R1 and were revised to R5.

 

The Planning Proposal has been amended to provide an E4 Environmental Living zone for lots fronting the MNR.

 

Lots adjacent to MNR & Lot 18 will have a minimum lot size of 2,000m2. The dwelling setback will be 15m minimum.

 

Lots in the north-west that are adjacent to the MNR will have a minimum lot size of 1,000m2.

 

These amendments provide an appropriate transition from the rezoning area to adjacent rural properties and the MNR.

 

Lot Size and Housing Density

 

The original Planning Proposal included:

-     no minimum lot size, except for lots on the periphery,

-     a R1 General Residential zone across the majority of the site (other zones were RE1, B2, E2),

-     a maximum lot cap of 3,200 residential lots for the release.

 

 

 

 

 

 

 

The Planning Proposal has been amended to provide:

-     residential and environmental zones R3, R2 and E4,

-     assigning minimum lot sizes across the site,

-     removing the maximum lot cap of 3,200 residential lots for the release and introducing a maximum dwelling cap of 2,558 dwellings plus provision for some shop top housing in the local centre.

 

The intention for the Planning Proposal will be to map development precincts or areas across all residential zones and assigning dwelling caps for each precinct. The mechanism to achieve this (LEP control and/or DCP controls) will be finalised through the Gateway process.

 

In addition to the minimum lot size control, the dwelling cap is provided to ease concerns that the minimum lot size would be delivered throughout the development and to provide certainty that a mix of lot sizes will be provided for a broader range of housing product.

 

In the E4 Environmental Living zone approx. 91 dwellings are proposed. These lots will provide the opportunity for executive housing.

A control to disincentivise dual occupancies in the E4 zone will be provided, to manage the dwelling yield and reduce unplanned pressure on infrastructure. A minimum lot size of 8000m2 will required to do an attached or detached dual occupancy.

 

In the R2 Low Density Residential zone, the proposal will deliver:

·    approx.1830 dwellings,

·    a minimum lot size of 300m2,

·    dwelling caps for precincts will mean that the average lot size will be approx. 400m2.

 

In the R3 Medium Density Residential zone, the proposal will deliver:

·    approx. 637 dwellings

·    a minimum lot size of 180m2. However, the average lot size will be 210m2.

 

Further work will be undertaken to refine the delivery of R3 housing relating to Fonzie Flats (20 dwellings) above garages where there is a secondary street frontage that provides vehicular access (corner blocks).

 

To ensure certainty of outcome an integrated housing development model is proposed for all R3 development. This would require the subdivision and the dwelling that sits on each lot zoned R3 to be assessed and approved at the same time. A LEP clause is proposed to provide certainty regarding integrated housing development.

 

 

 

 

Planning Proposal

The main features of the proposed masterplan for the rezoning area, and a summary of the LEP amendments required to achieve these outcomes is discussed below.

The masterplan proposes the following:

·    2,558 dwellings in the residential (R2 and R3) and environmental living (E4) zones.

·    Housing diversity through a combination of dwelling caps, minimum lot sizes and residential development controls,

·    A neighbourhood centre comprising a retail centre, school and sports fields and new pedestrian connections. The retail shops will have provision for shop-top housing. Open space has been designed to maintain the primary view line from The Northern Road,

·    A green spine of environmental corridors (zoned E2) that loop through the site and connect the Mulgoa Nature Reserve, existing suburb of Glenmore Park, Chain-O-Ponds Road, the school, sports fields and shops. These corridors will provide a dual purpose of environmental conservation and passive recreation. Key dams will be retained for aesthetics and stormwater management.

·    Five playing fields and local parks within 400m walking distance of all residents.

·    A 10m wide landscape zone in a widened perimeter road reserve adjacent to The Northern Road. This will remove existing driveway access points with The Northern Road and visually separate the rezoning area and The Northern Road.

·    Collector road connections to the north, The Northern Road and Chain-O-Ponds Road.

·    Allocate low impact residential development (in an environmental living zone) on the periphery of the site where there is special aesthetic and environmental values and to provide appropriate land use transitions to adjoining non-residential interfaces.

·    Provision of Affordable Housing and community facilities is proposed and will be developed with the proponent during the Gateway process.

The Planning Proposal seeks the following amendments to the PLEP 2010 in the rezoning area.

Element

Current

Proposed

Land zoning map

·    RU2 Rural Landscape

·    E3 Environmental Management

·    R2 Low Density Residential

·    R3 Medium Density Residential

·    RE1 Public Recreation for local open space areas, parks and playing fields

·    E2 Environmental Conservation for the environmental corridors

·    E4 Environmental Living for large lots on the periphery

·    B2 Local Centre for the neighbourhood centre

Lot size map

AB2 (20 ha)

AB3 (40ha)

·    R2 – 300m2

·    R3 – 180m2

·    E4 – U1 (1,000m2), V (2,000m2) and

         W (4,000m2)

E4/E2 – Y2(1.25ha) – for northwest corner of Lot 18. To provide an appropriate transition, incorporate Asset Protection zones, to manage the long-term ownership and management of this area.

·    Mapped residential precincts to inform dwelling caps

Height of buildings map

Not Applicable

·    M1 (12m) for the B2 Local Centre zone

·    C (5m) for lots fronting The Northern Road

·    I (8.5m) for the remainder of the R2, R3 and E4 zones

 

Clause application map

Not applicable

Clause Application Map Sheet CAP_002

 

This map will link with the new Additional Local Provision clause (Clause 7.xx), for the rezoning area. More detail as to the purpose of this new clause is provided later in this table.

 

This map will identify the release as Glenmore Park Stage 3.

 

Scenic and Landscape Values map

Applies from the middle of the rezoning area to The Northern Road

Scenic and Landscape Values Map Sheet SLV_007

 

Remove the land mapped as scenic and landscape values

 

Urban Release Area map

 

 

Not applicable for rezoning area

Urban Release Area Map Sheet URA_007

 

Identify the land as an urban release area to enable designated State public infrastructure under Clause 6.1 of the Penrith LEP.

 

Schedule 1 Additional Permitted Uses map

Not applicable for rezoning area

Urban Release Area Map Sheet APU_007

 

Introduce Clause 35 to Schedule 1

Additional permitted use to enable a temporary business premises to be used as a sales office for the duration of the release area on land zoned RE1 Public Recreations.

 

It is the proponent’s intention to build a sales suite that is designed to be dedicated to Council as a community and/or amenity building at the completion of the release.

 

 

Part 7 Additional Local Provisions

 

Clause 4.6 Exceptions to Development Standard

 

 

Rezoning area not identified in the Clause Application Map

Clause 7.xx Glenmore Park Stage 3 to provide controls regarding:

·    dwelling caps in mapped precincts,

·    exceptions to the height of buildings map on slopes greater than 1 in 8

·    an integrated housing development provision for R3 zones, requiring the subdivision and the dwelling that sits on each lot zoned R3 to be assessed and approved at the same time. Provision is intended to ensure innovative and sustainable housing targets are committed to upfront by the developer.

·    Dual occupancies in the E4 zone to be disincentivised through 8000m2 minimum lot size control.

 

Amend Clause 4.6(ca) to reference the new Clause 7.xx Glenmore Park Stage 3 so that controls within this clause including maximum building heights and dwelling caps in that clause are development standards that cannot be varied.

 

 

The Planning Proposal is supported by a suite of technical studies examining the capability of the site including potential constraints.  These address matters such as biodiversity, bushfire, noise (from The Northern Road), scenic and landscape values, stormwater, traffic, and economic and social considerations.

Key considerations

Local Strategic Planning Statement

The Planning Proposal is consistent with Council’s Local Strategic Planning Statement (LSPS), that was adopted by Council in March 2020, after a rigorous assurance program undertaken by the Greater Sydney Commission.

The LSPS provides a line of sight with the Western City District Plan, and the Region Plan. These strategic plans define the Metropolitan Rural Area (MRA), and identify significant planning initiatives including the Western Sydney Aerotropolis, urban investigation areas and the Greater Penrith to Eastern Creek Growth Area (GPEC). 

To give local context to these plans and manage competing interests, Council in the LSPS has defined a ‘rural edge’. The LSPS commits to reinforce the ‘rural edge’ to protect the MRA from urban development.

The rezoning area is part of GPEC (enabling its consideration for growth). It is also identified in the LSPS as a council-nominated urban investigation area. Chain-O-Ponds Road (the portion fronting the rezoning area) represents the ‘rural edge’. Defining the ‘rural edge’ signals the Councils’ clear intention that further urban development south of the rezoning area will not be supported. Housing delivery over the next 20 years will transition from greenfield new release development to a more centres-based model around public transport.

This represents an opportunity for the delivery of housing in the rezoning area to consider its unique context and the desired outcomes for development on the urban edge. The Planning Proposal is sensitive to this intention and contains a suite of measures to achieve this including, a commitment to upgrade Chain O Ponds Road to meet the urban need whilst maintaining a high-quality rural interface, large lots on the periphery and appropriate land use transitions to adjoining non-residential interfaces.

The Planning Proposal demonstrates consistency with the LSPS specifically:

·    Planning Priority 3 Provide new homes to meet the diverse needs of our growing community (Action 3.4 Investigate urban investigation areas at Glenmore Park South, Mt Vernon and Orchard Hills South),

·    Planning Priority 5 Facilitate sustainable housing

·    Planning Priority 17 Define and protect the values and opportunities within the metropolitan rural area.

Traffic and transport

The proponent has undertaken a Stage 1 traffic and transport study in order to identify the key issues and opportunities of the site and to assist the scoping of detailed traffic modelling required for the Stage 2 traffic and transport assessment to support the Planning Proposal. Council and Transport for NSW (TfNSW) have agreed that the Stage 2 assessment is to be conducted post-Gateway determination but to be finalised prior to exhibition of the Planning Proposal.

To facilitate the preparation of the Stage 2 traffic and transport assessment and associated traffic modelling a multi-agency steering group will be convened, including members of TfNSW, Council and the proponent.

Scenic and Landscape Character

PLEP 2010 currently shows part of the rezoning areas as having scenic and landscape values.  In addition, Council has had long held planning objectives for The Northern Road corridor that date back to the mid-1980s and prior to the release of land for Glenmore Park.  These objectives include the:

·    preservation of the attractive rural approach along The Northern Road as an important entry to Penrith (a rural gateway); and

·    conservation of the open, semi-rural environment that provides a high visual amenity in the locality.

During the assessment of the Planning Proposal, preliminary findings from the Scenic and Cultural Landscape Study and the Rural Lands and Villages Study were received.  Council officers have worked with the proponents to address the matters arising from these LGA wide studies. Recommendations were made to the proponents to revise the Planning Proposal to address interfaces with The Mulgoa Nature Reserve, Chain-O-Ponds Road and The Northern Road to ensure consistency of the Planning Proposal with the emerging strategy documents.

Council’s consultants (City Plan / Envisage) identified the section of The Northern Road corridor north of Chain-O-Ponds Road as a visually sensitive gateway, warranting a high urban design / landscape presentation to the road, that does not necessarily require a ‘rural outlook’.

The site is identified within the GPEC, under the Western City District Plan and LSPS. The Northern Road is currently undergoing major upgrades as part of the Western Sydney Infrastructure Plan. The Northern Road, when complete, will be the main north south connection to the Western Sydney Airport from the M4 Motorway and growing population centres in North West Sydney.  In this regard, there needs to be a balanced view of growth, infrastructure delivery and visual amenity.

The scenic quality and amenity of the subject site is predominately as a result of the raised hillside landform either side of the Nepean River which provides a backdrop to the site when viewed from select locations along Chain-O-Ponds Road and The Northern Road.  The Planning Proposal’s visual assessment notes that any land use change for housing will be generally obscured from vantage points along adjoining roads by topography. This has enabled the visual assessment to focus on the road interfaces.

The Planning Proposal will incorporate larger residential lots with greater setbacks as a transition to rural residential lots to the south. To the west of the site adjacent to Mulgoa Nature Reserve and recreation areas will be larger lots of approx. 1,000m2. On the western edge of the most westerly lot larger lots of approx. 2,000m2 will be provided. These larger lots will act as a transition zone with setbacks appropriate to deal with bushfire hazard. Larger setbacks and lot sizes of a minimum of 4,000m2 have been provided along The Northern Road. The sports field fronting The Northern Road will preserve the significant backdrop view to Riley’s Mountain. A dense contiguous landscape treatment will visually separate the development from The Northern Road.

The visual analysis presented in the Planning Proposal finds that:

·    there will no longer be the opportunity to stop and park a car on the unformed verge and enjoy the view. A large landscaped medium on the upgraded The Northern Road will largely obscure views for traffic heading south,

·    views will not be impacted by the residential development. Dwellings up to 110m from the site boundary will sit at or below existing sightlines or the view is already obscure by vegetation of existing landform/dwellings.

Acoustics

The major noise source to affect the rezoning area would be road traffic noise from The Northern Road. The Planning Proposal incorporates large 4,000m2 lots fronting an internal perimeter road that runs parallel to The Northern Road.  Council and Transport for NSW have provided a direction that acoustic barriers would not be supported along this section of The Northern Road.

The Planning Proposal’s acoustic analysis states that unmitigated traffic noise onto the development site would mean high exposure to road traffic for residences near The Northern Road.  To deal with this, noise attenuation measures would apply for dwellings up to 100-150m from The Northern road (approx. 2-3 rows of dwellings from The Northern Road).

Council have reviewed the acoustic analysis and have identified the need for further investigation regarding:

·    achieving appropriate external noise amenity in the private open spaces of dwellings,

·    road traffic noise exposure for recreation areas, and

·    whether the burden to be placed on future purchasers to include noise attenuation measures in dwellings is reasonable.

The proponents are willing to work through these matters with Council throughout the Gateway process.

 

Open space and riparian corridors

The Planning Proposal contains open space linkages looping through the site to connect to the Mulgoa Nature Reserve in the west and the existing suburb of Glenmore Park in the north. The linkages follow and connect riparian corridors and new open space areas, providing a green spine through the release area.

 

The Planning Proposal includes a total of 12.5ha of active open space. Five playing fields will be provided on site, positioned to serve walkable neighbourhoods and local parks within 400m walking distance of all residents adjacent to the central green spine. Three of the playing fields are proposed to be located on the eastern side of the site along The Northern Road and co-located with the school and retail centre.

 

The master plan is proposing a total of 8.4ha of passive open space.   Post Gateway, council will continue to work with the proponents to ensure the provision of open space is appropriate.  It is proposed that the E2 corridors will provide a dual purpose that includes passive open space. Any shortfall can be met through any surplus active open space in addition to the passive open space surrounding basins and riparian corridors. It is considered that the proposed provision of total open space is adequate to meet the needs of the future community on the site.

 

Other Land use Considerations

Management of the Environmental values on Lot 18.

The northern end of Lot 18 contains an environmental area that is part of a wildlife corridor that connects to Mulgoa Nature Reserve. The northern end of Lot 18 will be zoned as E2 Environmental Conservation and form part of a biodiversity corridor connecting north to the Mulgoa Nature Reserve. To ensure council is not burdened with the long-term ownership and management of this E2 land, a dwelling entitlement adjoining this E2 zoned land on Lot 18 is proposed.

Local Planning Panel’s Advice

Under the requirements of Section 2.19 of the Environmental Planning and Assessment Act 1979, this Planning Proposal was presented to the Local Planning Panel for advice on the 13 May 2020.

The Panel generally support the Planning Proposal and recommended that further consideration be given to certain matters. These matters and their planning responses are provided below:

 

1.   Panel advice: Further consideration be given to the potential for future urban or rural/residential expansion south of Chain-O-Ponds Road. The location of this road does not reflect the topography of the area. There are ample historical examples where the urban perimeter determined in one decade is breached in a later decade. Consideration should be given to whether the current Planning Proposal will not prejudice future options.

Planning Response: It is acknowledged that the delivery of Greater Sydney’s housing needs post 2040, may result in a revision of the directions in the current Western City District Plan and Region Plan.  However, there are currently a suite of measures in place to safeguard land south of Chain-O-Ponds Road from urban development including:

·    Penrith LEP 2010 Clause 7.18 Mulgoa Valley. The objective of this clause is to ensure development in the valley is consistent with conserving its rural and natural landscape, heritage and agricultural qualities.

·    The LSPS is Council’s highest-level strategic planning document. This planning proposal and any future proposal needs to demonstrate consistency with this plan. The LSPS clearly identifies the ‘rural edge’ as the southern boundary of the rezoning area. Any future proposal for development south of Chain-O-Ponds Road would not be consistent with the LSPS and therefore not supported.

·    Penrith LEP 2010, E3 Environment Management zone applies to the land south of Chain-O-Ponds Road. One of the objectives of this zone is to ensure development is compatible with the environmental capabilities of the land and does not unreasonably increase the demand for public services or facilities.

 

It should be noted that the panel’s advice relates to land south of Chain-O-Ponds Road while this planning proposal only relates to land north of Chain-O-Ponds Road.

 

The Panel’s comment is noted.

2.   Panel advice: Further consideration be given to the potential for traffic movement between Mulgoa Rd and Chain-O-Ponds Road via St Thomas Road with particular regard to heritage values of the Mulgoa Valley and also with regard to the intersections of Mulgoa Road and Chain-O-Ponds Road.

Planning Response: The Planning Proposal provides a Stage 1 traffic and transport study. A Stage 2 assessment will be conducted post-Gateway determination and will be finalised prior to public exhibition. This matter will be considered in Stage 2 assessment.

 

3.   Panel advice: The Panel was strongly of the view that the minimum lot size in Glenmore Park Stage 2, in developments more generally, and in this particular Planning Proposal are unacceptably small. The Panel believes to ensure an attractive and viable living space, new residents to this exciting new suburb ought to have a reasonably sized living space without being pressed in one upon the other.

Accordingly, the Panel strongly recommends to staff and Councillors that the

minimum lot size for the R2 zone be set at 450m2 and that a DCP protocol be put in

place to prevent and discourage developers from using the current broader LEP to

create dual occupancy lots. In this way the Panel believes Glenmore Park Stage 3

has the potential to be a model modern suburb. The Panel suggests consideration be

given to setting a figure of 900m2 as the minimum lot size for a dual occupancy in R2

zone.

Planning Response: The Planning Proposal’s approach to address housing diversity, housing affordability and a quality-built form combines a suite of measures including:

 

·    Minimum lot size in the R2 zone of 300m2,

·    Mapped precincts across the R2 zone and corresponding dwelling caps for each precinct, and

·    DCP controls to address building separation, streetscape and building design.

 

Providing dwelling caps for precincts will ensure that a mix of lot sizes will be delivered. It will also prevent the minimum lot size being provided across the R2 zone.  For example, if the minimum lot size is provided within a precinct, larger lots will also need to be provided to meet the dwelling cap for that precinct. The average lot size for the R2 zone will be approximately 400m2.

Lot size and width is a key determinant of housing form and diversity. A mix of lot sizes will also provide attractive and interesting streetscapes, as well as different housing forms. A range of lot sizes will enable different affordability touch points to meet new entrants to the housing market as well as second and third generation homeowners.

Future DCP controls will be used to address concerns surrounding separation between homes and spatial living requirements. Discussions with the proponents to incorporate Design Guidelines (to be attached to the title of each lot) to embed building separation and building envelope controls have been undertaken. The detail of this option will be investigated further post Gateway determination.

The Panel’s advice recommends a minimum lot size for the R2 zone to be set at 450m2. The Panel’s reasoning is to ensure new residents have a ‘reasonably sized living space without being pressed in one upon the other’.  However, the 300m2 minimum lot size in combination with the measures discussed above will be able to address this concern.

If the 450m2 minimum lot size is provided there is the potential risk that, the 450m2 lot size will be delivered across the R2 zone. The resulting development would see a lack of housing diversity, with contract housing displaying little variation in height or design, that can be delivered using the SEPP (Exempt and Complying Development Codes) 2008. There is also risk of homogenous and monotonous streetscapes. Housing diversity and housing affordability will be impacted in this scenario.

The Greater Sydney Region Plan, the Western City District Plan and Council’s Local Strategic Planning Statement all state that delivery of housing must align with the demand for different housing types, tenure, price point, preferred location and design.  The Planning Proposal’s approach to deliver housing diversity and housing affordability using a minimum lot size for the R2 zone of 300m2 (and a resulting average lot size of 400m2), mapped precincts and dwelling caps, and DCP controls demonstrates consistency with these State and local strategic plans.

It is therefore recommended that the minimum lot size be retained as proposed in the planning proposal.                     

 

4.   Panel advice: In relation to the substantial upgrade of The Northern Road, the Panel is concerned about what maybe inadequate noise attenuation measures explored and suggested in the Planning Proposal. Accordingly, the Panel recommends that a noise attenuation earth mound be built within the landscape setback of not less than 2.5m high and not more than 3.5m high measured from the level of the road carriageway along the whole boundary with The Northern Road.

In the event that the acoustic experts and council staff believe that further noise

attenuation is required, then consideration be given to the DCP setting out design

controls for homes directly fronting those large lots which adjoin The Northern Road

boundary.

Planning Response: The Planning Proposal originally proposed a perimeter road adjacent to The Northern Road and required the first row of houses facing this road on small residential properties to be two storey and incorporate noise attenuation. This would shield the next row of houses further back into the release.

As outlined in this report, the proponent has provided large 4,000m2 lots, an internal perimeter road and associated landscaping along The Northern Road to address Council’s desire to preserve the visual and scenic amenity of this corridor and provide a high urban design treatment for this City gateway into Penrith. This will now result in traffic noise travelling into the site and requiring noise attenuation measures to be incorporated into dwellings 100 – 150m into the site.

The Panel has recommended earth mounds as a method to manage traffic noise from The Northern Road.

As outlined in this report, managing traffic noise from The Northern Road requires further investigation. This will include agency consultation with the Environment Protection Authority post Gateway determination and further detailed acoustic assessment (as suggested in the Panel’s advice). Should this work involve amendments to the masterplan, there will be opportunities to do this. The Panel’s advice is noted and will be considered.

5.   Panel advice: That Council ensure there are sufficient funds from contributions and any VPA to ensure both local and State roads are upgraded as recommended by the report of 24 March 2020 from the Transport Planning Partnership.

Planning Response: The Panel’s advice is noted. A developer contribution plan and a Voluntary Planning Agreement will be prepared post Gateway determination. This process is outlined in this report below. The Panel’s advice is noted.

The copy of the full Local Planning Panel’s advice is provided in Attachment 2.

Development Control Plan (DCP)

A site-specific DCP will be created for the site to support the Planning Proposal and will include site specific development controls. The DCP will reflect the proposed development and the changes sought to the LEP. The DCP will take important themes and issues identified in the studies supporting the Planning Proposal and embed them with appropriate development controls. The following provides a likely structure for the DCP with the broad approach for dealing with themes and issues: 

·    Urban Structure – to outline the main elements of the urban structure and the way the planning and land use has responded to the natural features of the land.

·    Dwelling caps and minimum subdivision sizes - to manage yield relating to the dwelling cap under the LEP.

·    Dwelling Diversity – to support a range of housing options.  Maps will reinforce where these will be proposed across the site together with principles underpinning their location.

·    Bushfire Hazard and Management – to outline the retention and regeneration of riparian corridors and open space areas.   The DCP will set road widths and setbacks to meet the Planning for Bushfire Guidelines.

·    Water Management – to outline the requirement for a combination of dry and wet basins to treat and detain water.

·    Trees, Landscape Character and Preservation of View Shed - will identify tree retention and preservation, as well as street tree planting adjacent to The Northern Road to screen or enable the preservation of substantial views.

·    Access and Movement - will highlight the access and movement hierarchy and provide cross sections for different road hierarchies and cycleway routes.

·    Acoustic Environment - will address the acoustic environment including potential incorporation of noise attention upgrades in the design of dwellings in proximity to The Northern Road.

·    Open Space - will highlight the location and function of open space within the site and for regeneration as riparian or other environmental management purposes.

·    Local Centre Precinct - will provide detailed planning and staging requirements for the B2 Local Centre.

·    Subdivision and dwelling construction - will address the more detailed subdivision controls including preferred block dimensions and lot size and shape for the different areas within the site.

·    Provisions for reducing Heat Island Effects – will address how urban heat and cooling will be managed across the site and in the medium density areas.

 

Developer contributions

 

Council officers will work with the proponents to prepare a contribution plan once a Gateway Determination has been issued.  It is expected that the contributions plan will incorporate the following elements:

 

·    Dedication and embellishment of local open space

·    Upgrade of local roads and intersections outside the rezoning area

·    Delivery of key collector roads and other related traffic infrastructure within the rezoning area

·    Monetary contributions towards district/regional active open space

·    Monetary contributions towards a community facility (unless delivered through works-in-kind)

 

A contributions plan will establish a baseline for infrastructure provision across the site. The proponents anticipate to ultimately enter into a Voluntary Planning Agreement (VPA) with council to deliver their proportion under the contributions plan. 

 

The rezoning area covers 25 lots and multiple landowners.  A small number of owners are not part of the current developer consortia. A contributions plan for the whole site will provide a consistent structure and framework for future VPA negotiations and the collection of contributions from the non-consortia landowners.

 

This approach will be explored with the fractured land ownership of the site in mind, so that infrastructure, that benefits the broader development is apportioned across all landowners. This may include infrastructure such as:

 

·    Dedication and embellishment of detention basins and water quality devices

·    Construction and dedication of collector/local roads within the rezoning area.

 

This approach would provide certainty for the delivery of works within the proponent’s control and confidence that the precinct will be developed in an orderly manner. It is anticipated that further discussion will be progressed regarding a VPA prior to finalising the rezoning of the land.

 

Whilst this is the intention of the landowners, if this approach does not occur, Council will levy cash and deliver the works required.

 

Council have written to DPIE to include Glenmore Park Stage 3 in Schedule 2 of Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012 (as amended), enabling a monetary contribution of up to $30,000, or greater where an IPART reviewed contributions plan applies.

However, to minimise the potential for any future funding gaps, Council will be seeking the removal of the cap for this development, ahead of finalisation.

Financial Implications

There are no financial implications associated with this report.

Conclusion

 

Council is in receipt of a Planning Proposal for Glenmore Park Stage 3 which seeks changes to planning controls to facilitate residential development. Council officers have completed an assessment of the proposal and the justification and rationale for the proposed changes are supported. The Local Planning Panel generally support the Planning Proposal in terms of site-specific merit and strategic consistency. There is sufficient information to commence the Gateway Process.

 

The revisions made to the Planning Proposal up to this point have resulted in a superior masterplan and demonstrates the proponent’s willingness to work with Council to provide a high-quality development. 

 

It is recommended that Council endorse the Planning Proposal to commence the Gateway process.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Planning Proposal - Glenmore Park Stage 3 be received.

2.     Council endorses the Planning Proposal (provided under separate cover and tabled tonight), which is subject to further changes as referred to in resolution 5.

 

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

 

4.     A report be presented to Council following receipt of the Gateway Determination seeking resolution to publicly exhibit a Development Control Plan and Contributions Plan with the Planning Proposal.

 

5.     The General Manager be granted delegation to make any necessary changes to the Planning Proposal referred to in resolution 2:

a.   prior to Council's submission of the Planning Proposal to the Minister for Planning.

b.   as a result of negotiated changes sought by DPE in the lead up to the Gateway Determination.

c.   prior to public exhibition in response to the conditions of the Gateway Determination or negotiations with public authorities and other stakeholders.

 

 

 

ATTACHMENTS/APPENDICES

1.

Glenmore Park Stage 3 - Rezoning Area

1 Page

Appendix

2.

Glenmore Park Stage 3 Local Planning Panel Advice

2 Pages

Appendix

  


Ordinary Meeting                                                                                                                  25 May 2020

Appendix 1 - Glenmore Park Stage 3 - Rezoning Area

 

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Ordinary Meeting                                                                                                                  25 May 2020

Appendix 2 - Glenmore Park Stage 3 Local Planning Panel Advice

 

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Ordinary Meeting                                                                                                    25 May 2020

 

 

 

3

Submission to Proposed Amendments to State Environmental Planning Policy (Penrith Lakes) 1989   

 

Compiled by:               Natasha Borgia, City Planning Manager

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

Seek to influence planning legislation and related government policies to ensure the best outcomes for our community

      

 

Executive Summary

The purpose of this report is to present a draft submission on the proposed amendments to State Environmental Planning Policy (Penrith Lakes) 1989 (SEPP), for Councils endorsement.

Penrith Lakes plays a fundamental role in Council’s important strategic corridor that extends from Penrith Lakes in the west to St Marys in the east. Council is seeking to maximise the opportunities at Penrith Lakes for our community. Although this draft SEPP amendment only applies to a small portion of the Lakes area, it is important to reiterate the role the Lakes will play in the future of Penrith.

The proposed amendment to the SEPP seeks to rezone a small area of the Penrith Lakes Precinct to facilitate the proposed Nepean Business Park, adjacent to existing industrial land. The rezoning will enable development for the purposes of employment, whilst protecting the Nepean River, environmental areas and its surrounds. The amendment is considered to be minor in nature and therefore is referred to as a ‘housekeeping’ matter. The submission provides Council with an opportunity to continue to highlight the strategic importance of the Lakes and matters relating to the draft amendment.

The draft amendment was exhibited between 27 April and 11 May 2020. Due to the short timeframe to provide a response, a preliminary submission was provided to the Department of Planning, Industry and Environment (DPIE) in good faith and on the proviso that Council has the opportunity to provide a final submission, supplemented with any other matters it sees fit, as a result of this report.

Background

Zoning and land use planning for the Penrith Lakes Precinct is regulated by the SEPP and this is administered by DPIE. The SEPP provides broad land use zoning and requirements for development. It is noted that the precinct is predominately classified ‘unzoned’ and is subject to ongoing strategic land use work. Council officers continually seek to collaborate on strategic matters as they relate to the Lakes and SEPP.

A small section of land, located to the south of the precinct and adjacent to the existing Lambridge Industrial Estate, is already zoned under the SEPP to enable employment land uses, there is some minor zoning adjustment to extend the employment land and to rezone some employment land to environmental protection, this is the focus of the SEPP amendment. Council is currently aware of a proposal for Nepean Business Park at this location.

Strategic Importance of Penrith Lakes

Penrith Lakes is a blank canvas for opportunities to flourish and is emerging as a unique destination for iconic recreational facilities, innovative industry and clean technology. The Lakes provides an opportunity to focus on regeneration of landscape, cultural and economic values, and importantly could reinstate the site’s connection as part of the significant corridor between Penrith and St Marys.  This is acknowledged in Council’s Local Strategic Planning Statement (LSPS) and recently endorsed East - West Corridor Interim Centres Strategy.

The strategic importance of Penrith Lakes is further acknowledged through its identification in the Greater Penrith Collaboration Area in the Greater Sydney Commission’s (GSC) Western City District Plan.

Strong connections between our City Centre, the Nepean River and Penrith Lakes will provide tourism, recreation, employment and other opportunities for our City and the Western City District. We seek to continue to work closely with stakeholders to maximise opportunities at Penrith Lakes.

Current Situation

The proposed SEPP amendment seeks to:

1.   extend some of the boundaries of the Employment zone to support employment opportunities in Western Sydney;

2.   zone unzoned land adjoining the employment zone to ‘Environment’ to protect the natural environment;

3.   rezone land from ‘Employment’ to ‘Environment’ to support its planned use as a wetland area;

4.   amend the satisfactory arrangements clause for designated State public infrastructure;

5.   refine the geotechnical assessment requirements to ensure development platforms are adequately protected during flood events;

6.   amend clauses that refer to a plan of management for the Penrith Lakes Scheme; and

7.   update outdated references to other legislation.

A copy of the proposed SEPP amendment consultation paper and draft zoning map are appended to this report.

The proposed SEPP amendment was publicly exhibited between 27 April and 11 May 2020. A review of the amendment has been undertaken and a draft submission has been prepared reflecting this review.

Due to the short timeframe to respond to the exhibition, a draft copy of this submission has been provided to DPIE in good faith, prior to Councils consideration. A Council endorsed submission will be submitted to DPIE as a result of this report.

Submission Matters

Below is a summary of matters proposed to be included in the submission to DPIE:

Rezoning of Unzoned land to Employment

 

·    The proposed extension of the employment zone will provide a net increase in employment lands which will assist the Council in providing the community with ‘jobs closer to home’, aligning with Council’s Community Strategic Plan. The proposed amendment would also align with Council’s Economic Development Strategy ambition of 55,000 additional jobs in Penrith by 2031.

·    The land proposed to be rezoned is located adjacent to existing industrial development. Controls are sought in the SEPP that ensure potential level differences between new and existing development are limited.

·    In considering fill works on this land and within the Lakes area, it is critical that Council understands the development outcomes, and that these are informed by a DCP. Council would welcome the opportunity to be involved in the development of any DCP on the site.

 

Rezoning of Unzoned and Employment Land to Environment

·    The proposed zoning enables the protection of certain lands for environmental purposes, such as facilitating the landscape setback to Old Castlereagh Road, maintaining a landscape interface with the Nepean River whilst enabling the Great River Walk and recognising the future wetland location.

·    In principle, we support the rezoning of this land, however, we request DPIE ensures that the zoning is survey responsive and is considered in conjunction with a tree and vegetation survey.

·    DPIE is to ensure that the provisions of Sydney Regional Environmental Planning Policy No. 20 - Hawkesbury Nepean River can be achieved as a result of any rezoning and land is suitable in respect to its contamination status, for the proposed environmental use.

 

Flooding

·    Land subject to the rezoning is below the PMF and therefore flood evacuation is a major issue. The proposed amendment must respond to the adopted SES Regional Flood Evacuation Management Plan, and an appropriate evacuation strategy is to be adopted for the proposed use of the land. This strategy must be endorsed by the SES and Council would welcome the opportunity to be involved in its preparation.

·    Consideration and determination of the Flood Planning Level for the site must be undertaken. This should be based on a detailed risk and exposure assessment. The establishment of flood planning levels for the site must be in accordance with the Flood Plain Development Manual and endorsed by DPIE.

 

Great River Walk

·    The rezoning will facilitate the Great River Walk through the subject site. The walk is an important facility to the people of Penrith and Greater Western Sydney, and the continuation of the walk into Penrith Lakes is essential in achieving our strategic objectives.

·    Under the Metropolitan Greenspace Program, Council is currently preparing a spatial framework for the extension of the Great River Walk through to Penrith Lakes. This is due to be delivered by June 2021. We will seek to clarify issues around the implementation and ownership through this framework.

·    We seek DPIE to facilitate the delivery of the walk on this site through a voluntary planning agreement, with Council as a party. Further discussion on this matter is welcomed.

·    We request DPIE to require future development adjacent to the walk to have regard to the context of the river precinct and walk in its design, orientation and materials.

 

 

Infrastructure Contributions

·    The delivery of infrastructure to support new development across our City is critical to Council.  We support provisions that will require satisfactory arrangements to be met for contributions for state infrastructure for development throughout Penrith Lakes.

·    Council currently has a draft City wide 7.12 Development Contributions plan for non-residential development on exhibition for public consultation. This plan will apply a levy to non-residential development across our City, including Penrith Lakes, for the provision of local infrastructure.

·    Council welcomes discussion on a site-specific development contributions plan to deliver critical local infrastructure required as part of any future land use changes.

 

Geotechnical Assessment 

·    In principle, we support provisions that provide clarity and certainty for the assessment of the flood impacts on development platforms, however there is not enough detail in the consultation paper on these provisions to provide a detailed response. We welcome the opportunity to work with the Department to review the intended provisions and provide feedback.

 

Traffic

·    Future opportunities are sought to discuss broader precinct traffic and access matters, such as options for the existing internal road network, precinct accessibility and the current poor state of several publicly accessible internal roads within the precinct (i.e. road leading to/from Whitewater Stadium).

 

Other Plans and Strategies

·    Council is aware that several plans and strategies are under preparation for the Penrith Lakes precinct, investigating matters such as stormwater, water quality, flood evacuation, traffic and the preparation of a Development Control Plan (DCP). We request to work closely with DPIE on these matters and that DPIE engages and consults with Council in relation to these and future plans and strategies.

 

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

Penrith Lakes is an important strategic location for future opportunities for the Penrith community. Land use planning for the precinct is governed by the Penrith Lakes SEPP. The proposed amendment to this SEPP has been reviewed by Council officers to ensure it is consistent with our community’s vision.

The amendment predominantly affects the location of the proposed Nepean Business Park and is considered a ‘housekeeping’ amendment to support this development outcome. An assessment of the proposed SEPP has been undertaken and in principle the amendments are supported. A number of matters have been raised for consideration by DPIE in order to provide the best possible land use and environmental outcomes for Penrith Lakes.

Due to the exhibition timeframes, a draft submission has been prepared and provided to DPIE in good faith, subject to Councils consideration. Endorsement of matters in this submission is sought.

 

RECOMMENDATION

That:

1.     The information contained in the report on Submission to Proposed Amendments to State Environmental Planning Policy (Penrith Lakes) 1989 be received

2.     The information contained within this report form the basis of the final submission to the Department of Planning, Industry and Environment in relation to the Proposed Amendments to State Environmental Planning Policy (Penrith Lakes) 1989.

 

 

ATTACHMENTS/APPENDICES

1.

Consultation Paper- Proposed Penrith Lakes SEPP amendment 2020

3 Pages

Appendix

2.

Proposed Zoning- Penrith Lakes SEPP amendment

1 Page

Appendix

  


Ordinary Meeting                                                                                                                  25 May 2020

Appendix 1 - Consultation Paper- Proposed Penrith Lakes SEPP amendment 2020

 

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Ordinary Meeting                                                                                                                  25 May 2020

Appendix 2 - Proposed Zoning- Penrith Lakes SEPP amendment

 


 

 

 

 

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Outcome 3 - We can get around the City

 

 

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Outcome 4 - We have safe, vibrant places

 

 

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Outcome 5 - We care about our environment

 

 

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Outcome 6 - We are healthy and share strong community spirit

 

 

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Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                       Page

 

4        RFT19/20-07 Chesham Street Road Upgrade                                                                59

 

5        Transfer of Pioneer Church Cemetery Castlereagh – Lot 281 DP752021                      63

 

6        Organisational Financial Review - March 2020                                                               65

 

7        Sundry Debtor Write off                                                                                                    73

 

8        Summary of Investment & Banking for the Period 1 April 2020 to 30 April 2020           76

 

 

 

 

 

 

 



Ordinary Meeting                                                                                                    25 May 2020

 

 

 

4

RFT19/20-07 Chesham Street Road Upgrade   

 

Compiled by:               Erin Higgins, Development 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

Reduce Councils reliance on rateable income, by delivering property projects to achieve financial returns or significant value to Council and the community

      

 

Executive Summary

RFT 19/20-07 was open from 10 March 2020 – 14 April 2020, seeking suitable contractors for road upgrades to Chesham Street, St Marys. The works include road and cul-de-sac widening, installation of new kerb and gutter, irrigated street trees and associated drainage.

The intention of the works is to enable safer vehicular access to the street, improve stormwater management and increase visual amenity for current and future residents.

Background

Council’s Property Development Department seeks to facilitate a future development opportunity on a strategically located site at 11-13 Chesham Street St Marys, by undertaking land assembly and de-constraining activities in preparation for site divestment.

In 2017 the site was identified by Council as an underutilised land asset with development potential. Reclassification from Community to Operational Land was sought through a planning proposal, which was approved by Council and finalised in 2019. During this time, Council approved the closure of a portion of surplus road reserve, with the intention to later consolidate the portion of closed road with the rest of Council’s land to the north. Resident concern from a former landowner regarding the narrow pavement width and amount of on street parking was raised during the consultation process, however Council supported the proposed partial closure at its Ordinary Meeting on 27 August 2018.

During the subdivision approval process, provision was made to widen the cul-de-sac head to a 20m diameter and to widen the existing road pavement to from 7.4-7.7m (variable) to 8m (consistent with the current DCP standards for new roads). As the surrounding properties are zoned R4 High Density Residential, this was considered necessary to support future density that would likely occur on Chesham Street in the mid-long term.

Approval of this tender facilitates the construction of these road widening works and formalises the site’s southern boundary. Delivering this road upgrade prior to the forecast divestment of this development opportunity in late 2020, will ensure that any future development is adequately supported by appropriate road infrastructure.

 

 

 

The Evaluation Panel

The Tender Evaluation Panel (TEP) consisted of:

Nathan Ritchie - Property Development Manager (Chair)

Erin Higgins - Development Manager

Robert Odewahn, - Project Director, J Wyndham Prince

Laura Stott, Procurement Business Partner fulfilled the role of tender administrator.

J Wyndham Prince were appointed as consultant engineers for this project. They have undertaken the design work and will oversee the construction work as Superintendent. They will act in a consultant capacity to inspect the works on behalf of Council, to ensure they are in accordance with Council’s Engineering Construction Specification and are suitable for handover. Internal stakeholders, including Design and Projects and Assets departments have been consulted during the design development process.

Evaluation Criteria

The evaluation criteria provided and used in selecting the successful tenderer were:

-     Demonstrated Ability

-     Works Method and Program

-     Local Supplier Preference

-     Quality Assurance Systems

-     Environmental Management Systems

-     Work Health and Safety

-     Cost/Price

Summary of Tenders Received

Council received a total of seventeen tenders, listed in price order:

 

Legal Entity Name

Price (ExGST)

Address

Directors

PLANET CIVIL PTY LTD

$239,688

6/178 Princes Highway

Arncliffe NSW 2205

Mohamad El Najjar

CIVIL CONNECT GROUP PTY LTD

$251,000

24 Edward Street

Turella NSW 2205

Ali Fardous

TALIS CIVIL PTY LTD

$271,767

Unit 1, 115-121 Ballandella Road

Pendle Hill NSW 2145

Jim Murphy

Jim Walsh

STATEWIDE CIVIL PTY LTD

$274,880

Unit 9 / 40 Brookhollow Ave

Baulkham Hills NSW 2153

Michael Dominello

ALLY PROPERTY SERVICES PTY LTD

$312,923

20 Sammut Street

Smithfield Smithfield 2164

David P Baker

KK CONSULTANTS PTY LTD

$320,100

17-23 Bryant Street

Padstow NSW 2211

Koda Kassira

OZPAVE (AUST) PTY LIMITED

$327,280

15 Penny Place

Arndell Park NSW 2148

Glenn Dawes

CONVIL GROUP PTY LTD

$328,962

1 / 376 The Horsley Drive

Fairfield NSW 2165

Naseem Hana

COCKERILL CONTRACTING PTY. LIMITED

$329,175

66 Victoria Street

Riverstone NSW 2765

Rosina Cockerill

JALSHANK ASSOCIATES PTY. LTD.

$333,288

46 Barnea Avenue

Caddens NSW 2747

Ritesh Mangaldas Patel

Kunal Joshi

NORTH SHORE PAVING CO PTY LTD

$336,076

16 Moore Avenue

Lindfield West NSW 2070

Ivan Samuel Guy Tarjan

Philippa Broughton Tarjan

 

CIVOTEK PTY LTD

$342,445

30 Macaulay St

Wetherill Park NSW 2164

Rawi Sader

D & D GROUP (NSW) PTY LTD

$349,837

4 Lance Street

Llandillo NSW 2747

Dylan Wheeler

Darran Taylor

MACK CIVIL PTY LIMITED

$390,252

209 Chuter Avenue

Sans Souci NSW 2219

Karim Mahoud

RAYGAL PTY LTD

$391,884

71-81 Cranebrook Road

Cranebrook NSW 2749

Catherine Galea

EBENTA PTY LTD

$407,921

19/103 George St,

Parramatta NSW 2150

Abs Alnasseri

Eden Karimi

R D MILLER PTY LTD

$669,385

Lot 1 Quarry Road

Bega NSW 2550

Raymond Miller

Tender Evaluation Outcome

All seventeen tenders were included in the evaluation and assessed against the Council’s tender Evaluation Criteria.

The panel scored the qualitive components of each tender, in accordance with the assessment criteria. This was undertaken individually, prior to reviewing pricing.

The Tender Evaluation Panel then met on 20 April 2020, to discuss the qualitative scoring outcomes, with consideration for pricing. This meeting was facilitated by the Tender Administrator, Laura Stott. When pricing was considered proportionately to the qualitative criteria, Planet Civil Pty Ltd scored the highest overall, Talis Civil Pty Ltd came in second, followed by Statewide Civil Pty Ltd.

Planet Civil were the preferred tenderer due to the quality of their proposed construction methodology, significant relevant project experience and overall value for money. The tender was referred to Diana Taffoli for a Work Health and Safety Review, and a Financial Performance Assessment was ordered through Equifax. Both these reviews were satisfactory.

Tender Advisory Group Comment

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of the Director Corporate Services – Andrew Moore, Governance Manager - Glenn McCarthy, Financial Services Manager - Neil Farquharson and Chris Lawrence – Supply Coordinator, were briefed by the Property Development team about the background and the process followed. The TAG noted that the recommended tender not only provides best value for money but also provided strong evidence of their ability to meet Council’s requirements through their compliance with the tender evaluation criteria. The TAG considered the recommendations in relation to the tender for RFT19/20-07 Chesham Street Road Upgrade, reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Plant Civil 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 Planet Civil Pty Ltd.

The draft 2020-21 Operational Plan currently on exhibition includes funding from the Property Development Reserve allocated for Civil Works associated with the Chesham Street project. Within this project the road upgrade is considered necessary to enable the future divestment of the land, and to support a likely increase in density as other privately-owned properties are redeveloped into the future. The road upgrade will benefit both current and future residents, and costs will be offset by sale income received from the divestment which will be returned to the Reserve.

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 and overseen by an experienced Superintendent to ensure the quality of the built assets.

Conclusion

The Tender Evaluation Panel is in the opinion that Planet Civil Pty Ltd provided the most advantageous tender and demonstrated significant experience to complete projects of a similar nature, it is recommended that Planet Civil Pty Ltd be awarded the contract for a contract sum of $239,688 ex GST.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT19/20-07 Chesham Street Road Upgrade be received

2.     The proposal and Lump sum price from Planet Civil Pty Ltd $239,688 ex GST be accepted for the Chesham Street upgrade.

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.


Ordinary Meeting                                                                                                    25 May 2020

 

 

 

5

Transfer of Pioneer Church Cemetery Castlereagh – Lot 281 DP752021    

 

Compiled by:               Laura Gray, Property Project Officer

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

 

Previous Items:           Control and Management of the Pioneer Church of England Cemetery in Castlereagh - Ordinary Meeting - 26 Nov 2018    

 

Executive Summary

Council at its Ordinary Meeting held 26 November 2018 provided in-principle support for the transfer of the Pioneer Church of England Cemetery Castlereagh (‘Pioneer Cemetery’) from the Anglican Church Property Trust to Council.

Final terms of transfer been negotiated, with the Church proposing to transfer the property to Council for a nominal value of ten dollars ($10.00). This report seeks Council’s final endorsement to the transfer, on the terms and conditions listed within the report.

Background

At Council’s Ordinary Meeting of 26 November 2018, a proposal was considered for the transfer of Pioneer Cemetery located at 224 West Wilchard Road, Castlereagh known as Lot 281 DP752021 from the Anglican Church Property Trust to Council. In principle support was provided for the transfer, subject to appropriate arrangements being made and a further report being presented to Council.

The Anglican Church and the Local Parish does not have capacity nor funding to maintain and preserve the cemetery into the future. Council has been maintaining the cemetery for several years with its maintenance and conservation included in the existing operations of Council’s Cemeteries Service. A Plan of Management is in place, Council’s adopted Cemeteries Strategy and associated business plans have accounted for the operation of the Pioneer Cemetery into the future. Transferring the cemetery’s ownership will therefore formalise this existing arrangement which can be accommodated within existing Council operating capacities and resources.

Negotiations have taken place between the two parties, with an offer being presented by the Anglican Church offering to transfer the property to Council for a nominal value of ten dollars ($10.00) along with a proposed contract of sale. The Church will meet Council’s costs associated with the transfer. Council’s Chief Governance Officer has reviewed the contract of sale and considers it acceptable for execution.

 

 

 

Financial Implications

 

The maintenance and conservation of Lot 281 Pioneer Cemetery, Castlereagh is included in the existing operations of Council’s Cemeteries Service. Council’s adopted Cemeteries Strategy and associated business plans have accounted for the operation of the Pioneer Cemetery, Castlereagh into the future. The transfer of the ownership of the cemetery to Council will therefore formalise an existing arrangement which can be accommodated within existing Council operating capacities and resources. Any legal costs associated with transfer will be funded by the Anglican Church.

Risk Implications

The risk associated with the transfer of the property is considered low. Having regard to Council’s previous maintenance of the site supported by an existing plan of management.

Conclusion

Council’s Cemeteries Strategy and associated business plans have accounted for the operation of the Pioneer Cemetery into the future. The transfer of the cemeteries ownership to Council will therefore formalise the existing maintenance arrangement that is already accommodated within existing Council operating capacities and resources.

 

RECOMMENDATION

That:

1.     The information contained in the report on Transfer of Pioneer Church Cemetery Castlereagh – Lot 281 DP752021 be received.

2.     Council accept the transfer of Lot 281 DP752021 on the terms and conditions listed within the report.

3.     The land be classified as Community Land in accordance with section 31 of the Local Government Act 1993.

4.     The Common Seal of the Council of the City of Penrith be affixed to any necessary documentation.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    25 May 2020

 

 

 

6

Organisational Financial Review - March 2020   

 

Compiled by:               Neil Farquharson, Financial Services Manager

Geraldine Brown, Strategic Finance Coordinator

Authorised by:            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

Support financial sustainability through financial planning and budget management

      

 

Executive Summary

This report outlines Council’s progress towards implementing its four-year Delivery Program 2017-21 and Operational Plan 2019-20, focusing on the period of 1 January to 31 March 2020. The report should be read in conjunction with the Organisational Report – March 2020 (see attached), which records significant Variations, Reserve movements, proposed Revotes, Contracts and Consultancies, Cash and Investments position, Income and Expenses by Program and our progress in completing the organisation’s Operating and Capital projects for 2019-20.

 

Council projected a Balanced Budget in the adoption of the Original 2019-20 Operational Plan. The September and December Quarterly Reviews reported some variations to the predicted annual budget, that when combined with other adopted variations during the quarter provided for a revised projected surplus of $93,788 for 2019-20.

 

As part of the March Quarterly Review all revenue items and operational costs have been reviewed to determine the budget impact of COVID-19 for the period April to June 2020. The COVID-19 negative impact on Council’s general revenue that is proposed to be incorporated in the March Quarterly Review is $3.7m, with further details provided in this document. In order to track the actual impact of COVID-19 on Council’s operations and revenue a separate COVID-19 Impact Reserve has now been created. This new Reserve will initially result in a deficit balance and at this stage we are only notionally funding this deficit against Council’s other internal unrestricted reserves. The impact will continue to be reviewed as events unfold over the coming months and will reflect government stimulus and support packages and regulatory changes.

 

After offsetting the negative COVID-19 impact against reserves, the March 2020 Review presents a revised projected surplus of $107,934 for 2019-20, including a small surplus for the third quarter of $14,156. This positive budget position for the quarter is the result of a number of budget variations with the most notable relating to savings on Ripples transition to Council ($306,697), which has been offset by a reduction in Development Services incomes ($359,779), Construction and Compliance ($180,000) Income, and the initial costs in delivering 2 issues of Council’s new Community Newsletter “Our Place” including additional postage costs ($250,627). 

 

Net organisational salary savings of $743,789 have also been identified in this quarter, largely from staff vacancies. Of this savings it is proposed that $200,000 of these salary savings be retained within the Employee Cost budget at this stage and not be reallocated until the end of the year to manage any budgetary risks for the remainder of the year. Council’s LTFP has foreshadowed that increases to the annual Employee Leave Entitlement (ELE) provision will be required and a strategy to increase this provision has been implemented. Council is committed to ensuring that sufficient provision is made for ELE and therefore it is proposed that any salary savings will be transferred to the ELE Reserve as part of the June 2020 Review, once provision for current year payments are made. 

 

Further details on proposed major variations are provided later in this report with more detail in the Organisational Report – March 2020.

 

This report recommends that the Organisational Report – March 2020 be received and that the revised Budget estimates identified in the report and detailed in the Organisational Report – March 2020 be adopted.  

Financial Position for the March 2020 Quarter

The financial position of Council for the quarter is expressed by providing information in compliance with Quarterly Budget Review Statement (QBRS) requirements on:

·    Budget position (whether balanced/surplus/deficit)

·    Significant variations

·    Identified revotes

·    Funding summary

·    Reserve movements for the quarter

·    Capital and Operating Budget Projects list for the quarter

·    Income and expenses

·    Income and expenses by program

·    Capital budget

·    Cash and investments

·    Contracts and other expenses

·    Consultancy and legal expenses.

 

Budget Position

 

$’000s

Original Budget Position

0

September 2019 Quarter Variations Adopted by Council

61

December 2019 Quarter Variations Adopted by Council             

33

March 2020 Quarter Variations Adopted by Council

0

March 2020 Quarter Review Proposed Variations

(3,711)

Less: Internal Reserve funding of COVID-19 Impact

3,725

Revised Budget Position Surplus/(Deficit) projected

to June 2020

108

 

The predicted cumulative result for the year as at March 2020 is a surplus of $103,794 for 2019-20 after the recommended variations for the 3rd quarter of $14,156 after offsetting the negative COVID-19 impact of $3.7m against reserves. Commentary is provided below on some of the more significant issues in the review (F= Favourable, U= Unfavourable, A= Allocation). Further details together with all proposed variations, variations with no impact on available funds, and reserve movements, are detailed in the Organisational Report – March 2020.

 

Development Services Income - $359,779 U (9%)

Council's Development Services Department has experienced a significant downturn in income, predominantly attributed to current market conditions impacting lending. There is a significant impact upon residential, industrial and commercial development demand and consumer confidence. While new release area planning and greenfield development is expected to proceed in line with recent State Government initiatives, infill residential, commercial and industrial development within existing zoned land has been significantly reduced for the foreseeable future. This likely trend will have a substantial impact and reduction in development application numbers received.

 

Community Newsletter – including distribution costs through Australia Post -$250,627 U (42.5%)

The Our Place Community Newsletter has been a Councillor led initiative that significantly reinvest communication and engagement with our Community.  Our Place focuses on what is unique about living in Penrith: enviable lifestyle, excellent sporting and recreation facilities, green open spaces, vibrant local events and the many local opportunities for families to learn, grow and exercise. The first edition of the Community Newsletter was recently released in late March, with the second edition to be released in June 2020. Once these initial distributions have been released into the community it is anticipated that residents will opt into soft copy versions of the newsletter thus drastically reducing the bulk printing, wrapping and distribution costs into the future.       

 

Construction and Compliance Certificates Income - $180,000 U (34%)

Income for Construction Certificates and Compliance Certification has been adjusted as part of the March Quarterly Review. The adjustment is based on a general downturn in the industry over the last 6 months together with several projects that have resulted in the developer engaging a Private Certifier rather than Council for the issue of the Construction Certificate. Similarly, Private Certifiers have been engaged for some compliance certification on construction projects.

 

Hall Hire Income - $29,333 U (4%)

This decrease in budgeted income to March reflects a number of factors including bushfire impact and regular bookings being slightly lower for this quarter from the same time last year. Partly offsetting this is an increase in function bookings for the first two months of the quarter.  The net impact on the anticipated revenue budget for July to March is a decrease of $29,333.

 

Net Salary Savings - $743,789 F (0.6%)

During the third quarter of 2019-20 salary savings have been realised primarily due to vacancies across a number of departments. The majority of these vacant positions are in the process of being filled. It is recommended that some of the identified salary savings are retained in the individual departments to enable the engagement of consultants or temporary staff to ensure the delivery of key Operational Plan tasks and projects. The salary savings, net of those being retained by departments, total $743,789.

 

It is proposed that as part of the March Quarterly Review that salary savings of $200,000 are retained within the employee costs area to assist with year-end employee cost balancing and to supplement the budget for terminations. Any remaining savings at year end could then be transferred to the Employee Leave Entitlement (ELE) Reserve.

 

Ripples - $306,697 F (12%)

These savings primarily relate to the contribution given by the council to Ripples to assist with transition. However, the entire contribution and a saving of $450,000 was identified. During the year, Ripples faced a decline in revenue, due to many reasons including; floods and bad air quality which forced the closure of centres and adversely affected revenue.

 

Carnivals recorded lower than expected attendances due to wet weather earlier this year, this also resulted in a decline in kiosk and merchandise sales. Low membership income and personal training income can be traced back to lack of skilled staff. However, a few revenue streams including Learn to swim performed better than expected. Reduction in revenue and variances in other costs had a net unfavourable balance of $143,303, which resulted a net saving of $306,697 for Ripples.

 

Other variations with no impact on Available Funds

A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of these adjustments are provided in the Organisational Report – March 2020.

 

In addition to these adjustments a total of $8.8m of planned operating and capital projects are proposed for revote this quarter and a full listing can be found in this document. The total value of revotes for the year to date is $16.1m (including the proposed March Quarter revotes), compared to $11.2m for the same period in 2018-19. A full list of Revotes is included in the attachment Organisational Report – March 2020.

COVID-19 Impact

As part of the March Quarterly Review all revenue lines have been reviewed to determine the budget impact for the period April to June 2020 including:

·    Rates growth

·    Interest on investments

·    Infrastructure & Inspection fees

·    User & Facilities fees

·    Development Services

·    Sportsgrounds

·    Ripples

·    Commercial Rents and activities

·    Potential subsidy requests from Entities.

The COVID-19 impact on Council’s general revenue is proposed to be incorporated in the March Quarterly Review, with a forecasted impact of $3.7m. 

 

Full details are provided below on all COVID-19 related budget adjustments proposed for the March Quarterly Review.

 

Development Services Income - $1,091,877 U (26%)

Council's Development Services Department is expected to experience a significant downturn in income, predominantly attributed to current market conditions impacting on lending etc. The COVID19 pandemic is also expected to have a significant impact upon residential, industrial and commercial development demand and consumer confidence.

 

While new release area planning and greenfield development is expected to proceed in line with recent State Government initiatives, infill residential, commercial and industrial development within existing zoned land is likely to significantly reduce for the foreseeable future. This likely trend will have a substantial impact and reduction in development application numbers received.

 

 

 

Ripples - $984,000 U (24%)

The original revenue budget for Ripples was $5,131,113 with a prorated budget of $1,090,736 for the 3 months, from April-June 2020. As Ripples Leisure Centres are shut down to keep in line with the government regulations no revenue is expected for the rest of the financial year 2019-20.

 

As Ripples Leisure Centres are expected to remain closed, some cost savings are expected for the rest of the year. This was calculated as an estimated percentage of pro-rated expenses from April to June 2020. The estimated cost savings from the closure is $106,000.

 

Ripples is expected to have an adverse net impact of $984,000 due to COVID-19 in the current financial year, which is a 24% impact on revenue.

 

Interest on Investments $433,504 U (23%)

The original budget was originally estimated based on a return of 2.25%. The current investment portfolio return has been decreasing in line with the interest rate cuts this year, with the current return on investment at 1.62%. Next year’s budget will also need to be decreased due to the two cash rate drops in March 2020 related to COVID-19, with the official cash rate now at 0.25%.

 

Rates Income $334,300 U (0.26%)

Rates income is expected to be around $355,000 less than forecast, but rates expenditure is also forecast to reduce by $15,000 as well with the net impact anticipated to be around $340,000 (unfavourable).

 

There are numerous reasons for the decline compared to previous forecasts: 

 

·    Rates abandonments will be around $20,000 more than forecast due to some recent large valuation objections, however these and other objections totalling around $80,000 for the year will be recoverable in next year’s rates.

 

·    Rates levies will be around $185,000 below previous forecasts due to the slow property market and the onset of COVID-19 pandemic. These conditions will see new lot registrations finishing around 40% below forecasted numbers.

 

·    Also, due to the COVID-19 pandemic, hardship measures have been adopted to minimise further imposts on our community. These hardship measures include the suspension of charging interest on all overdue accounts from March to June (at a cost to Council's income of approximately $110,000) and the ceasing of all legal action from March to June as well (at an additional cost to Council's income of $17,000). The hardship measures, mirror those also being adopted by other councils.

 

Provision for impacts on commercial entities

Following the direction of the NSW and Australian Governments and the relevant health authorities, effective from Monday 30 March 2020 both the PP&VA Facilities and Penrith Whitewater Stadium are closed until further notice.

 

Hall Hire Income - $207,300 U (26%)

Council is expected to lose $207,300 in Hall Hire income, as the halls will remain closed following the direction of the NSW and Australian Governments and the relevant health authorities, effective from Monday 30 March 2020. Halls are expected to remain closed for the remaining 3 months of the 2019-20.

 

Environmental Health and Compliance Income - $123,933 U (17.5%)

The current COVID-19 and associated government social distancing requirement has significantly impacted housing sales and renovation activities. Council's current restricted work environment and inspection process has resulted in decrease in receipt of Inspections. The current climate and WHS requirements will reduce the volume of inspections that may be undertaken therefore further impacting proposed revenue.

 

Grounds Rental Income - $72,500 U (44%)

Following the direction of the NSW and Australian Governments and the relevant health authorities, effective from Monday 30th March 2020, all council facilities were closed and are expected to remain closed for the remaining 3 months of the 2019-20. As such to keep in line with the regulations Council will keep the grounds closed and the estimated Ground Rental income loss is $72,500.

 

Roads Maintenance Income - $53,348 U (3.45%)

The construction industry is still active, and restoration works as a result of repair works (excluding utilities) are still occurring. On the provision that there are no further restrictions made, a reduction due to inactivity of 20% over the next three months increasing to 35% in a six-month period should be expected.

 

S10.7 Certificate Income - $53,220 U (13%)

Section 10.7 certificate income is predominantly a product of the level of activity in the property market and government policy surrounding the market.

While we are continuing to see some market activity, the property market has significantly slowed due to COVID-19 and the current social distancing measures introduced by the Australian and NSW Governments. Income has been significantly reduced to reflect the level of income expected to be received.

 

Library - $206,620 F (5%)

As a result of COVID-19 and following advice from the Australian and NSW Governments, Council's three Library branches have temporarily closed to customers

for business on Monday 23 March until further notice. This has impacted fee income received by the Library on services such as internet, photocopy sales and room hire.

The Library is encouraging customers to move to virtual services and access more than 23,000 free digital items, e-books, audiobooks, e-Magazines and informational databases, from home using their library card. The Library has increased their expenditure for on-line books and subscriptions to ensure sufficient variety is available to borrow on-line.

However, savings have been achieved with the balance of funds available for book purchases now returned to general revenue after the warehouses have closed and therefore the larger purchases normally done towards the end of the financial year will not occur from the annual budget.

 

In addition, salary savings have been created through various vacancies within the department. Due to expected service levels required in the Library, these savings are retained by the department to backfill positions while they are vacant or staff are on leave. As the Library is currently not open to the public backfilling of positions is not required and therefore salary savings have been returned.

 

This has resulted in an overall positive impact for the Library Service of $206,620.

 

Transfer from Reserve – COVID-19 Impact $3,724,702 A

The estimated total impact for the three months April to June 2020 has now been incorporated in this Review. In order to track the actual impact of COVID-19 on Council’s operations and revenue a separate COVID-19 Impact Reserve has now been created. This new Reserve has been established to track those impacts and will initially result in a deficit balance for the Reserve as at this stage we are only notionally funding from this Reserve. It will effectively result in a loan against our internal reserves, while appropriate recovery actions are considered by Council.  At the conclusion of each reporting period a review of actual vs budgeted impact will be undertaken with any variance adjusted against the original source of funding for this Reserve.

 

Financial Implications

 

Adopting the recommendations within this report will mean Council’s 2019-20 Budget is revised to a $103,794 surplus for 2019-20. Further details of the financial implications are contained within the attached Organisational Report – March 2020.

 

At this stage it is predicted that the impact of COVID-19 on Council’s financial position is $3.7m, with an internal reserve established to track this impact. This situation will continue to be monitored in the final quarter of 2019-20 with the final impact reported in the June Quarterly Review.

Risk Implications

Clause 203 of the Local Government Regulation requires that the budget review statements, and a revision of estimates must be reported to Council within two months after the end of each quarter (except the June quarter). This quarterly review incorporates a comprehensive analysis of budgets vs actual across all areas of the organisation, and also proposes variations to annual budget to be approved by the Council.

 

On the 17th April 2020 the NSW Government made a series of regulatory changes to ensure council resources continue to be focused on frontline COVID-19 response efforts and allow councils to provide financial relief to businesses and residents. Regulations have been made under section 747B of the Local Government Act 1993 to temporarily modify the application of the Act in response to the COVID‑19 pandemic. However, at this stage it is expected that there will be no change to the reporting timeframe for Quarterly Reviews which are planned to be reported to Council as per the Council Meeting Calendar for 2020.

 

The Long Term Financial Plan is updated on a quarterly basis in line with the reviews to ensure that forward projections reflect the most current assumptions. This review process, and long term forecasting, minimise financial risk by supporting financial sustainability, transparency, and accountability.

Conclusion

This report, and the more detailed Organisational Report – March 2020 indicates that the performance of Council’s Capital and Operating Projects are generally on track to meet Council’s challenging annual program. Strong financial management combined with the fine tuning and confirmation of budget assumptions have contributed to a small surplus being projected to June 2020.

 

The impact on Council’s financial position as a result of the current global health crisis is continuing to be assessed and it is anticipated that further adjustments to Council’s budget will be required prior to 30 June 2020. Any changes that are required as events continue to unfold over the coming months will be highlighted to Councillors through regular reporting and included in the June Quarterly Review report to Council in August 2020.

 

Once adopted the Organisational Report – March 2020 will be placed on Council’s website.

 

RECOMMENDATION

That:

1.     The information contained in the report on Organisational Financial Review - March 2020 be received.

2.     The Organisational Financial Review - March 2020 as at 31 March 2020, including the revised estimates outlined in this report and detailed in the Organisational Report – March 2020, be adopted.          

 

 

ATTACHMENTS/APPENDICES

1.

March Organisational Review

50 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    25 May 2020

 

 

 

7

Sundry Debtor Write off   

 

Compiled by:               Alison Johns, Senior Debtors Officer

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

Council raises numerous Sundry Debtor invoices for income owed to Council for a variety of goods and services provided, including commercial rentals, sporting field hire, cemetery fees, government grants, health inspections and road restorations.

 

In the period 1 July 2019 to 21 April 2020 approximately 2,630 invoices were raised totalling $30.4 million.

 

As part of Council’s normal financial management practices, periodically a debt or part of a debt is deemed to be irrecoverable, despite undertaking exhaustive processes of internal and external debt recovery action.

Outstanding accounts were reviewed by Council staff in April 2020 and two amounts totalling $12,307 GST inclusive were identified as ‘doubtful’.  There is no reasonable prospect of recovery of these debts and further recovery action would not be cost effective.

All reasonable steps have been taken to recover these debts however, the two accounts discussed in this report are deemed irrecoverable and as such are now being recommenced to Council for write off.

Writing off these outstanding monies does not preclude Council from collecting these debts should Council be able to do so in the future however, for the purpose of fairly presenting the Council’s financial position it is prudent to periodically identify certain debts for write off.

Background

Under regulation 213 (5) of the Local Government (General) regulation 2005 a debt can be written off only:

a)   If the debt is not lawfully recoverable, or

b)   As a result of a decision of a court, or

c)   If the council or the general manager believes on reasonable grounds that an attempt to recover the debt would not be cost effective.

Regulation 213 (6) states:

 

The fact that a debt is written off under this clause does not prevent the council concerned from taking legal proceedings to recover the debt.

 

Despite standard debt recovery processes being followed, occasionally a debt or part of a debt is deemed as irrecoverable.

Current Situation

The list below outlines the individual circumstances of two debts that have been identified as being irrecoverable.  All possible avenues for recovery have been considered however, further attempts to recover these debts would be futile and these debts are now being submitted for write off.

Debtor Account

Date of Invoice/s

Debtor name

Amount

Debt Description

Write - off Reason

62488

March, April & May 2019

Hypoxi Penrith @ Rejuven8 Body Pty Ltd

$6,079

GST inclusive

Unpaid rent

Business closed in June 2019.

Tenant disputes the amount charged and is refusing to pay.

The company was deregistered in September 2019 therefore no legal action can be taken.

 

N/A Managed by PRD Nationwide

July, August, September & October 2019

Phillip Hughes T/As No Bottom Feeders

$6,228

GST inclusive

Unpaid rent

Tenant broke the lease due to poor health and vacated on 25 June 2019.

Rent charged from 1 July until 31 October 2019 is deemed irrecoverable because of the inability to re lease the premises in accordance with normal market conditions due to the City Park  development.

This is something a tenant relinquishing their premises would usually be afforded.

 

Financial Implications

The 2019-20 annual budget includes a Provision for Bad Debts of $41,080 with a current available balance of $32,411. The proposed write-off of the two debts totalling $12,307 GST inclusive will therefore not impact on forecast Council's financial position.

 

 

Risk Implications

To avoid the risk of carrying an extremely high accounts receivable balance and overstating the amount of income received, standard accounting procedures dictate that it is necessary to write off those debts that are deemed irrecoverable.

Conclusion

Council staff have reviewed outstanding debtor accounts in April 2020 and are satisfied that two debts totalling $12,307 GST inclusive require write off as prescribed in Regulation 213 (5).

The recommendation to write off these debts is based on the conclusion that there is no reasonable prospect of recovery or that any further recovery action taken would not be cost effective.

As all reasonable steps have been taken to recover these debts the above two accounts are deemed irrecoverable and as such are now being recommended to Council for write off.

 

RECOMMENDATION

That:

1.     The information contained in the report on Sundry Debtor Write off be received.

2.     The two debts totalling $12,307 GST inclusive outlined above be written off as irrecoverable.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    25 May 2020

 

 

 

8

Summary of Investment & Banking for the Period 1 April 2020 to 30 April 2020   

 

Compiled by:               James Legarse, Operational Project Accountant

Authorised by:            Andrew Moore, Director - Corporate Services

Neil Farquharson, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

Manage our money and our assets to be sustainable now and into the future

Service Activity

Provide accurate information to Council and the community on council’s financial activities

      

 

Executive Summary

This report on the Summary of Investments & Banking for April 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 April 2020 to 30 April 2020 and a reconciliation of invested funds as at 30 April 2020.

 

The investment returns versus the benchmark as a percentage for April 2020 are:

·    Council portfolio current yield (including FRNs)       1.53%

·    90 day Bank Bill Swap rate (Benchmark)                 0.53%

·    Original budget estimated return                              2.25%

 

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 April 2020, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for April 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 April 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 30 April 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 April 2020 to 30 April 2020 be received

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period 1 April 2020 to 30 April 2020 be noted and accepted

3.     The graphical Investment Analysis as at 30 April 2020 be noted.

 

 

ATTACHMENTS/APPENDICES

1.

Investment Report as at 30 April 2020

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                  25 May 2020

Appendix 1 - Investment Report as at 30 April 2020

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday May 25 2020

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Penrith Stadium Lease                                                                                                       2

 

3        Property Matter - Proposed Acquisition                                                                             2

 

 

 

 


Ordinary Meeting                                                                                                    25 May 2020

A Leading City

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)          the discussion of any of the matters listed below; or

(b)          the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

(b)          the personal hardship of any resident or ratepayers;

(c)           information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)          commercial information of a confidential nature that would, if disclosed:

·         prejudice the commercial position of the person who supplied it; or

 

·         confer a commercial advantage on a competitor of the Council; or

 

·         reveal a trade secret.

 

(e)          information that would, if disclosed, prejudice the maintenance of the law;

(f)            matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)          the relevant provision of section 10A(2);

(b)          the matter that is to be discussed during the closed part of the meeting;

(c)           the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

 

·         a motion, based on the recommendation below, is moved and seconded

·         the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

·         if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

·         if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

Outcome 7

 

2        Penrith Stadium Lease 

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

 

3        Property Matter - Proposed Acquisition

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

 

 

 

 

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 25 May 2020

Report Title:            Organisational Financial Review - March 2020

Attachments:           March Organisational Review



Ordinary Meeting                                                                                                                  25 May 2020

Attachment 1 - March Organisational Review

 

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ATTACHMENT       

 

 

 


Date of Meeting:     25 May 2020

 

Delivery Program:   Outcome 7

 

Service:                   Financial Services

 

Report Title:             2019-2020 Voted Works