Agenda of Ordinary Meeting - Monday, 27 July 2020

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 22 JUNE 2020 AT 7:00PM

WEBCASTING STATEMENT

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

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by His Worship the Mayor, Councillor Ross Fowler OAM.

PRESENT

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

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Marcus Cornish for the period 25 May 2020 to 21 July 2020 inclusive.

Leave of Absence was previously requested by Councillor Todd Carney for 22 June 2020.

LEAVE OF ABSENCE

110 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Robin Cook that Leave of Absence be granted to Councillor Todd Carney for his non-attendance at tonight’s meeting.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 25 May 2020

111 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Karen McKeown OAM that the minutes of the Ordinary Meeting of 25 May 2020 be confirmed.

DECLARATIONS OF INTEREST

Councillor John Thain declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 15 - Community Assistance Program Planned Component 2020-21 as he is a former employee of one of the organisations receiving a grant under the program.

SUSPENSION OF STANDING ORDERS

112 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Greg Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:06pm.

Ms Mary Vella

Item 21 - Adoption of Delivery Program 2017-22 and 2020-21 Operational Plan

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 once again expressed her concerns regarding the proposed land rates for 2020-2021 and the effect on rural landholders, and noted that she had first raised this issue with Council nearly three years ago. Ms Vella highlighted the lack of services provided to rural areas in the Penrith LGA. Ms Vella asked Councillors to vote against the proposed land rates in the report to make it more equitable for all ratepayers in the Penrith LGA.

Mr Mario Pace

Item 21 - Adoption of Delivery Program 2017-22 and 2020-21 Operational Plan

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

Mr Pace again expressed his concerns regarding the increase in Council land rates for rural properties. Mr Pace stated that rural residents are unfairly disadvantaged and not provided with adequate Council services and facilities and that the urban areas are the ones which benefit from this expenditure. Mr Pace stated that the current rate charge method used by Penrith City Council is significantly different from that used by neighbouring councils. Mr Pace added that rural landowners in the area are not getting value for money and cannot afford significant rate rises.

RESUMPTION OF STANDING ORDERS

113 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Aaron Duke that Standing Orders be resumed, the time being 7:27pm.

Mayoral Minutes

1 The passing of Mark White OAM

114 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM that the Mayoral Minute on The passing of Mark White OAM be received.

2 Recognition of Queen's Birthday Honours Recipients

115 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM that the Mayoral Minute on Recognition of Queen's Birthday Honours Recipients be received.

Reports of Committees

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

116 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Robin Cook that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 June, 2020 be adopted.

DELIVERY PROGRAM REPORTS

Outcome 1 - We can work close to home

1 David King Memorial Award

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

That:

1. The information contained in the report on the David King Memorial Award be received

2. A member of the community be honoured for their contributions to Children’s Services and be awarded with the David King Memorial Award when a community member is warranted.

3. A further report be brought back to Council proposing a suitable inaugural winner of the David King Memorial Award.

Outcome 2 - We plan for our future growth

2 Submission to proposed changes to the Infrastructure Contributions System in NSW

118 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain

That:

1. The information contained in the report on Submission to proposed changes to the Infrastructure Contributions System in NSW be received

2. Council endorse the submission provided as Appendix 1 to be forwarded to NSW Department of Planning, Industry, and Environment for their consideration.

Outcome 3 - We can get around the City

3 Dunheved Road Upgrade - Werrington Downs, Urban Congestion Fund - Acceptance of Funding

119 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Robin Cook

That:

1. The information contained in the report on Dunheved Road Upgrade - Werrington Downs, Urban Congestion Fund - Acceptance of Funding be received

2. Council write to the General Manager, Transport for New South Wales (TfNSW) to accept the funding offer for the Stage 1 Dunheved Road project.

3. Council write to the Minister for Population, Cities and Urban Infrastructure, and Local Members expressing appreciation for their support and funding.

4 Grading of Rural Gutters

120 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM

That:

1. The information contained in the report on Grading of Rural Gutters be received

2. The City Presentation Department commence the establishment of a scheduled rural gutter maintenance program.

5 RFT 19/20-08 Provision of Premixed Concrete

121 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Kath Presdee

That:

1. The information contained in the report on RFT 19/20-08 Provision of Premixed Concrete be received

2. A three (3) year contract with an option to extend two (2) x one (1) year periods, subject to satisfactory performance, be awarded to Holcim (Australia) Pty Ltd, t/as PF Concrete, as a supplier for the provision of premixed concrete in accordance with the terms and conditions of the Tender

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

Outcome 4 - We have safe, vibrant places

6 RFT19/20-38 St Marys Art and Craft Studio Refurbishment Works

122 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Greg Davies

That:

1. The information contained in the report on RFT19/20-38 St Marys Art and Craft Studio Refurbishment Works be received

2. Rogers Construction Group Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the refurbishment works to St Marys Art and Craft Studio for the amount of $254,224.90 excluding GST.

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

7 RFT 19/20-40 Saunders Park Remediation

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

That:

1. The information contained in the report on RFT 19/20-40 Saunders Park Remediation be received

2. The proposal and lump sum price from RMA Contracting Pty Ltd for the amount of $531,478.88 (excluding GST) be accepted for the Saunders Park remediation.

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

8 Magnetic Places Program 2020-21

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

That:

1. The information contained in the report on Magnetic Places Program 2020-21 be received

2. The 6 projects listed in Table 1 be funded as part of the Magnetic Places Grants Program 2020-21.

9 City Centre Corporations Triennial Impact Review

125 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Brian Cartwright

That:

1. The information contained in the report on City Centre Corporations Triennial Impact Review be received

2. The recommendations of the Morrison Low report, as outlined in Council’s report, be progressively implemented to improve the operation and management of the St Marys Town Centre Corporation and the Penrith CBD Corporation.

11 Department of Planning, Industry and Environment Funding Opportunities

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

That:

1. The information contained in the report on Department of Planning, Industry and Environment Funding Opportunities be received

2. Council endorse the Demonstration Project funding for $130,000 from the NSW Department of Planning, Industry and Environment for the Live, Work, Play Grid.

3. Council endorse the application for $430,200 grant funding to NSW Department of Planning, Industry and Environment for the Live, Work, Play, Kingswood Project.

4. Council write to relevant State Members thanking them for their funding support towards delivering placemaking and activation of public spaces initiatives.

10 St Marys Town Centre Corporation Surplus Funds

127 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Tricia Hitchen

That:

1. The information contained in the report on St Marys Town Centre Corporation Surplus Funds be received

2. The St Marys Town Centre be requested to transfer $270,000 to Council for the expenditure on the agreed priority projects to advance and revitalise the St Marys Town Centre and for the betterment of the St Marys Town Centre.

12 Women NSW 'Investing in Women' Funding Program Submission

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

That:

1. The information contained in the report on Women NSW 'Investing in Women' Funding Program Submission be received

2. Council endorse the application for $45,000 grant funding to Women NSW for a young women’s leadership project.

Outcome 5 - We care about our environment

13 Acceptance of Grant Funding - Department of Primary Industries Habitat Action Grant and restoration of fish habitat in the Nepean River

129 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Brian Cartwright

That:

1. The information contained in the report on Acceptance of Grant Funding - Department of Primary Industries Habitat Action Grant and restoration of fish habitat in the Nepean River be received

2. Council accept the offer of grant funding of $80,000 for two projects from the NSW Department of Primary Industries for Fish Habitat Restoration.

3. Council write to relevant State Members thanking them for their funding support towards native fish habitat restoration initiatives and benefits to recreational fishing within the community

14 Emu Plains Overland Flow Flood Study

130 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kevin Crameri OAM

That:

1. The information contained in the report on Emu Plains Overland Flow Flood Study be received.

2. The draft report for public exhibition of Emu Plains Overland Flow Flood Study, May 2020 be endorsed for public exhibition for a period of no less than 28 days.

3. A further report to be presented to Council on the results of the public exhibition of the draft report for public exhibition of Emu Plains Overland Flow Flood Study, May 2020 addressing any submissions received during the exhibition period.

Outcome 6 - We are healthy and share strong community spirit

15 Community Assistance Program Planned Component 2020-21

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

That:

1. The information contained in the report on Community Assistance Program Planned Component 2020-21 be received

2. Council approve funding the highly ranked applications and amounts totalling $43,079 as outlined in Table 2 of this report with $41,040 allocated from the Planned Component and $2,039 allocated from the Rolling Component of the 2020-21 Community Assistance Program.

3. Council endorse an increase in the maximum project amount to $1,500 per application in the 2021-22 program.

16 Publication of the Health Snapshot and the Snapshot of Penrith's Ageing Population

132 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Mark Davies that the information contained in the report on Publication of the Health Snapshot and the Snapshot of Penrith's Ageing Population be received.

17 Youth Needs Consultation Survey

133 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee that the information contained in the report on Youth Needs Consultation Survey be received.

18 Penrith Events Strategy 2020-2024

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

That:

1. The information contained in the report on Penrith Events Strategy 2020-2024 be received

2. The Penrith Events Strategy 2020-2024 be endorsed.

19 Events Sponsorship Policy

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

That:

1. The information contained in the report on Events Sponsorship Policy be received

2. The Events Sponsorship Policy be endorsed.

20 Nepean River Parklands - Tench Reserve Embellishment Works - Project Delivery Agreement with Department of Planning, Industry and Environment

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

That:

1. The information contained in the report on Nepean River Parklands - Tench Reserve Embellishment Works - Project Delivery Agreement with Department of Planning, Industry and Environment be received

2. Council enter into a Project Delivery Agreement (PDA) with the Department of Planning, Industry and Environment.

3. Council enter into a Land Transfer Agreement with the Planning Ministerial Corporation.

4. Council write to the Minister for Planning & Open Spaces, and Local Members expressing appreciation for their support and funding.

5. Council resolve to affix the Common Seal of the Council of the City of Penrith to any necessary documentation.

Outcome 7 - We have confidence in our Council

21 Adoption of Delivery Program 2017-22 and 2020-21 Operational Plan

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

That:

1. The information contained in the report on Adoption of Delivery Program 2017-22 and 2020-21 Operational Plan be received.

2. In accordance with the Local Government Act 1993 under section 405, Council adopt Council's Delivery Program 2017-22 and 2020-21 Operational Plan, including proposed changes outlined in this report, any amendments made at tonight’s meeting; and any additional corrections to responsibilities for delivery of agreed actions.

3. The General Manager be granted delegation to carry out minor changes to the Community Engagement Strategy document before it is published on Council’s website.

4. Council adopt the attached Community Engagement Strategy, including the Community Participation Plan.

5. The Department of Planning, Industry and Environment be notified of the adopted updates through the Planning Portal.

6. Council agree to underwrite the operations of Penrith Whitewater Stadium Limited and Penrith Performing and Visual Arts Ltd until the presentation of the respective Annual Reports for 2020-21.

7. Council adopt the following to make the Rates and Charges for 2020-21:

a. Ordinary Rate: Council make its Residential, Business and Farmland rates for 2020-21 in accordance with Section 535 of the Local Government Act 1993 such rate to be as follows:

Category	Minimum Amount	Ad Valorem (cents in the dollar)
Residential	$1,133.00	0.323715
Farmland	$1,133.00	0.1618575
Business	$1,381.20	0.523805
Business subcategory – Penrith CBD	$1,381.20	0.734112
Business subcategory – St Marys Town Centre	$1,381.20	0.788458

b. Stormwater Charges: Council make its Stormwater Management Service charge to be applied on all urban residential and urban business land as outlined in the report.

c. Domestic Waste Charges: Council make its Domestic Waste Service charge in accordance with Section 496 of the Local Government Act 1993 and the 2020-21 Operational Plan and 2020-21 Fees & Charges.

d. Effluent Charges: Council make its annual charge for effluent removal services as outlined in the report and the 2020-21 Operational Plan and 2020-21 Fees & Charges.

e. Interest: Council make the interest charge of 0.0% per annum from 1 July 2020 to 31 December 2020 and then 7.0% per annum from 1 January 2021 to 30 June 2021 as allowable under Section 566(3) of the Local Government Act 1993.

f. Pension Rebate: Council provide a mandatory pension rebate in accordance with Section 575 of the Local Government Act 1993 and in addition provide a voluntary rebate under Section 582 of the Local Government Act 1993. The voluntary rebate will be equivalent to the annual stormwater charge applicable to the property, and includes pro-rata calculations according to Sections 575 and 584 of the Local Government Act 1993.

8. Service of Rate Notices: The General Manager be and is hereby authorised, to prepare and serve Rates and Charges Notices for and on behalf of Council.

9. Council write to the NSW Premier, The Hon. Gladys Berejiklian MP advising her again of the significant increases in land values recently issued by the NSW Valuer General, particularly in our rural areas, and urge the NSW Premier to urgently reconsider the option of deferring the use of the 1 July 2019 Valuations for a further 12 months.

22 RFT19/20-16 Remediation Project Chesham Street St Marys

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

That:

1. The information contained in the report on RFT19/20-16 Remediation Project Chesham Street St Marys be received

2. The proposal and lump sum price from RMA Contracting Pty Ltd for the amount of $197,721.65 be accepted for the Chesham Street Remediation Project.

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

24 Summary of Investment & Banking for the Period 1 May 2020 to 31 May 2020

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

That:

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

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

3. The graphical Investment Analysis as at 31 May 2020 be noted.

23 RFT 19/20-24 Development Management Services 129-133 Henry Street Penrith

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

That:

1. The information contained in the report on RFT19/20-24 Development Management Services 129-133 Henry Street Penrith be received

2. The proposal and total fee from Avenor Pty Ltd for the amount of $362,000 (excluding GST) be accepted.

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

REQUESTS FOR REPORTS AND MEMORANDUMS

RR 1 Dunheved Road, Werrington Downs

Councillor Robin Cook requested that Council continue to advocate for Dunheved Road to be reclassified as a State road.

RR 2 Penrith Stadium Lease

Councillor Bernard Bratusa requested a memo reply to all Councillors detailing all the subleases which currently existing on the footprint of the Penrith Stadium and whether they have been approved by Council, any revenue stream they provide to the current tenant, and what provisions are in the current leasing structure to allow subleasing.

RR 3 Rural Rates in Penrith LGA

Councillor John Thain requested that Council officers enquire of the relevant Government offices as to an appropriate motion that may be developed to be presented at the Local Government Conference, and which may then be submitted by the Local Government Association of NSW, regarding rural areas and rates, having regard to the recent IPART report on this matter.

RR 4 Naming of Road in Berkshire Park

Councillor Kevin Crameri OAM requested a report to Council on the feasibility of naming the unnamed road next to the Berkshire Park Fire Station after Clinton Jessop-Smith.

RR 5 Graffiti - Corner High and Doonmore Streets, Penrith

Councillor Mark Davies requested that the large amount of graffiti which is present on the eastern side of car audio and alarm business located on the corner of High Street and Doonmore Street, Penrith, opposite the primary school, as well as on large waste bins in this location, be removed as soon as possible.

Committee of the Whole

141 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Brian Cartwright that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:49pm.

1 Presence of the Public

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

Outcome 7

2 Mulgoa Road Upgrade - Licence of Council land to Transport for NSW for site compounds

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 Mulgoa Road Upgrade - Easement for Utilities - 29 Harwood Circuit, Regentville (Lot 2 DP214036)

4 Commercial Lease - Shop 1, 31 Blue Hills Drive, Glenmore Park (Part Lot 8100 DP 876748)

The meeting resumed at 8:52pm and the General Manager reported that the Committee of the Whole met at 8:49pm on 22 June 2020, the following being present

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 Mulgoa Road Upgrade - Licence of Council land to Transport for NSW for site compounds

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM

CW2 That:

1. The information contained in the report on Mulgoa Road Upgrade - Licence of Council land to Transport for NSW for site compounds be received

2. Council licence the sites on the terms and conditions listed within the report.

3. A Common Seal of the Council of the City of Penrith be affixed to any necessary documentation.

3 Mulgoa Road Upgrade - Easement for Utilities - 29 Harwood Circuit, Regentville (Lot 2 DP214036)

RECOMMENDED on the MOTION of Councillor Kath Presdee seconded Councillor Tricia Hitchen

CW3 That:

1. The information contained in the report on Mulgoa Road Upgrade - Easement for Utilities - 29 Harwood Circuit, Regentville (Lot 2 DP214036) be received

2. Council grant the Easements over Lot 2 DP214036 in accordance with s43(1)(a1) of the Local Government Act 1993 and as per the terms and conditions listed within the report

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

4 Commercial Lease - Shop 1, 31 Blue Hills Drive, Glenmore Park (Part Lot 8100 DP 876748)

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee

CW4 That:

1. The information contained in the report on Commercial Lease - Shop 1, 31 Blue Hills Drive, Glenmore Park (Part Lot 8100 DP 876748) be received.

2. Council approve the proposed new lease agreement under the terms and conditions listed within the report.

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

ADOPTION OF Committee of the Whole

142 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that the recommendations 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 8:56pm.

Ordinary Meeting 27 July 2020

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 6 July, 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.

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Marcus Cornish for the period 25 May 2020 to 21 July 2020 inclusive.

APOLOGIES

NIL.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 1 June 2020

The minutes of the Local Traffic Committee Meeting of 1 June 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 further notice.

Accordingly, Penrith Council will not be convening the LTC Meeting on Monday, 6 July 2020. Instead we would like to complete the scheduled business remotely through electronic correspondence.

So, in relation to the upcoming LTC Meeting for 6 July 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. All comments should be directed through (and compiled by) the Traffic Engineering Coordinator, David Drozd. Please provide any comments by not later than 12pm next Wednesday, 8 July 2020.

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 Glengarry Drive, Glenmore Park - Proposed Bus Zones

RECOMMENDED

That:

1. The information contained in the report on Glengarry Drive, Glenmore Park - Proposed Bus Zones be received.

2. Bus Zone signage be installed at the existing bus stop on the eastern side of Glengarry Drive, Glenmore Park for a distance of 18 metres as shown in Appendix 1.

3. Bus Zone signage be installed at the existing bus stop on the western side of Glengarry Drive, Glenmore Park for a distance of 18 metres as shown in Appendix 1.

4. Busways, Council’s Ranger Services Department and Council’s Community Facilities and Recreation Department be advised of Council’s resolution.

2 Quarry Road and Sarah Andrews Close, Erskine Park - Endorsement of Signage and Line Marking Plan

RECOMMENDED

That:

1. The information contained in the report on Quarry Road and Sarah Andrews Close, Erskine Park - Endorsement of Signage and Line Marking Plan be received.

2. The signage and line marking plan TS0036, revision B, dated June 2020 as shown in Appendix 1 be endorsed for installation.

3. Council’s Rangers Services Department and the businesses that raised the concerns about driveway sight distances be advised of Council’s resolution.

3 Devlin Road, Castlereagh – Provision of 'No Stopping 7pm – 6am’ Restrictions

RECOMMENDED

That:

1. The information contained in the report on Devlin Road, Castlereagh – Provision of 'No Stopping 7pm – 6am’ Restrictions be received.

2. Notification be undertaken with property owners adjacent to Devlin Road, west of Castlereagh Road, Castlereagh regarding the proposed restrictions.

3. ‘No Stopping 7pm – 6am’ restrictions be installed along Devlin Road, Castlereagh, as shown in Appendix 1.

4. Council’s Community and Place Management Department and Council’s Ranger Services Department be advised of Council’s resolution.

4 16 Colless Street, Penrith - Provision of 'No Parking - Waste Collection and Removalist Vehicles Excepted' Zone

RECOMMENDED

That:

1. The information contained in the report on 16 Colless Street, Penrith - Provision of 'No Parking - Waste Collection and Removalist Vehicles Excepted' Zone be received.

2. ‘No Parking – Waste Collection and Removalist Vehicles Excepted’ zone signage (R5-447 modified) and associated kerb ramp be installed fronting 16 Colless Street, Penrith in accordance with the plan as shown in Appendix 1.

3. All works associated with the implementation of the signposting and associated kerb ramp shall be undertaken by the applicant in accordance with Section 8 of Council’s Engineering Construction Specification for Civil Works including Council standard drawings SD1002, SD11006/1 and SD1006/2 and be at no cost to Council.

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

5. Council’s Asset Section be notified for inclusion of the signage and kerb ramp in Council’s Asset Management records and processes.

6. Council’s Waste Services Department, Council Rangers Services Department and the applicant be advised of Council’s resolution.

5 Penrith City Council’s Findings from the Australian Local Government Cycling Participation Survey 2020

RECOMMENDED

That the information contained in the report on Penrith City Council’s Findings from the Australian Local Government Cycling Participation Survey 2020 be received.

6 Gibson Avenue and Victoria Street, Werrington - Proposed Timed '1/2P 8:30am – 6pm Monday to Friday and 8:30am – 12:30pm Saturday’ Parking Restrictions

RECOMMENDED

That:

1. The information contained in the report on Gibson Avenue and Victoria Street, Werrington - Proposed Timed '1/2P 8:30am – 6pm Monday to Friday and 8:30am – 12:30pm Saturday’ Parking Restrictions be received.

2. The proposed ‘1/2P Monday - Friday’ parking restrictions be installed as shown in Appendix 1.

3. Council’s Ranger Services Department and the business owner that reported the matter be advised of Council’s resolution.

7 Jamison Road and Harris Street, Jamisontown - Proposed 'No Stopping' Signage and Line Marking

RECOMMENDED

That:

1. The information contained in the report on Jamison Road and Harris Street, Jamisontown - Proposed 'No Stopping' Signage and Line Marking be received.

2. Consultation be undertaken with the affected property being 372 Jamison Road, Jamisontown regarding the proposed ‘No Stopping’ restrictions and line marking at the intersection of Jamison Road and Harris Street, Jamisontown as shown in Appendix 1.

3. Subject to no substantial objections being received, the ‘No Stopping’ signage and line marking be installed at the intersection as shown in Appendix 1.

4. Council’s Ranger Services Department and the residents who reported the matter be advised of Council’s resolution.

8 York Road and Preston Street, Jamisontown - Endorsement of Design Plan AY18 for a Roundabout and Pedestrian Refuges

RECOMMENDED

That:

1. The information contained in the report on York Road and Preston Street, Jamisontown - Endorsement of Design Plan AY18 for a Roundabout and Pedestrian Refuges be received.

2. Consultation be undertaken with affected residents and surrounding businesses regarding the proposed roundabout, traffic calming works and pedestrian refuges at the intersection of York Road and Preston Street, Jamisontown as shown in Appendix 1.

3. Subject to no objections, Design Plan AY18 dated June 2020 as shown in Appendix 1 be endorsed for construction, with funding provided from the Major Traffic Facilities Fund.

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

9 Derby Street and Doonmore Street, Penrith - Endorsement of Design Plan AD 135 for Proposed Speed Humps

Steve Grady of Busways advised Busways operate services along Derby Street and there is a bus stop at No. 143 Derby Street, Penrith which is some 25 metres before the roundabout at its intersection with Doonmore Street. Steve Grady advised he is concerned that the proposed traffic calming device (speed hump) shown in the Design Plan AD 135 dated 27 May 2020 on the western leg of Derby Street is too close to the bus stop. Issues have arisen previously when buses have been pulling out from the kerb and travelling over the humps at an angle. Passengers are not prepared for the rocking of the bus and therefore could fall over or out of their seats if not properly paying attention.

Steve Grady suggested that the bus stop be relocated to the eastern side of the intersection, adjacent to the reserve as there is no impact to any residents and the additional 40 to 50 metres walk is not considered unreasonable for passengers.

David Drozd, Traffic Engineering Coordinator advised that Council Officers will liaise with Busways on the potential to relocate the bus stop at 143 Derby Street, Penrith further east of the roundabout intersection. If appropriate, the Design Plan AD 135 will be amended.

RECOMMENDED

That:

1. The information contained in the report on Derby Street and Doonmore Street, Penrith - Endorsement of Design Plan AD 135 for Proposed Speed Humps be received.

2. Council Officers liaise with Busways Pty Ltd in regards to the potential for relocating the bus stop at No. 143 Derby Street, Penrith to the eastern side of the roundabout intersection of Derby Street and Doonmore Street, adjacent to the reserve.

3. Consultation be undertaken with affected residents and surrounding businesses regarding the proposed flat top speed humps and traffic calming works at the intersection of Derby Street and Doonmore Street, Penrith as shown in Appendix 1.

4. Subject to no objections, Design Plan AD 135 dated 27 May 2020 as shown in Appendix 1 be endorsed for construction, with funding provided from the Nation Building Black Spot and Safer Roads Program.

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

10 Penrith CBD (South), Penrith - Endorsement of Design Plans for the Extension of 40km/hr High Pedestrian Activity Area Scheme

RECOMMENDED

That:

1. The information contained in the report on Penrith CBD (South), Penrith - Endorsement of Design Plans for the Extension of 40km/hr High Pedestrian Activity Area Scheme be received.

2. Design Plan AC284, AD134, AL145, AS243, AU22 and AW152 (all listed design plans are dated November 2019) for the safety improvements listed in Table 2 of this report in Penrith CBD (south), be endorsed for construction, with funding provided from the 2020/21 NSW Safer Roads and Blackspot Program.

3. Consultation with affected residents and businesses be undertaken regarding the proposed safety improvements in Penrith CBD (south) as listed in Table 2 of this report.

4. Subject to no substantial objections being received, the project designs be implemented as per Design Plan AC284, AD134, AL145, AS243, AU22 and AW152 (all listed design plans are dated November 2019).

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

11 Memorial Avenue, Penrith - Road Opening to Allow Emergency Flood Egress onto High Street

RECOMMENDED

That:

1. The information contained in the report on Memorial Avenue, Penrith - Road Opening to Allow Emergency Flood Egress onto High Street be received.

2. The emergency only road opening and boom gate shown in design plan AM191 dated June 2020 be endorsed for construction.

3. Council’s Local Emergency Management Officer (LEMO) be advised of Council’s decision.

12 Laycock Street, Cranebrook - Endorsement of Signage Plan

RECOMMENDED

That:

1. The information contained in the report on Laycock Street, Cranebrook - Endorsement of Signage Plan be received.

2. The signage plan associated with the approved mixed-use development at 111 Andrews Road, Cranebrook related to DA16/1068 (Sheet A, revision D, dated 23 June 2020) 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. Council’s Asset Section be notified for inclusion of the amended signs and line marking in Council’s asset management records and processes.

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

6. Council’s Ranger Services Department and the applicant be advised of Council’s resolution.

13 The Northern Road Stage 5 Project Update

RECOMMENDED

That:

1. The information contained in the report on The Northern Road Stage 5 Project Update be received.

2. Council note the information provided from CPB Contractors.

14 Traffic Facilities Works Program - 2020/21

RECOMMENDED

That:

1. The information contained in the report on Traffic Facilities Works Program - 2020/21 be received.

2. Projects listed in Table 2 “Projects Proposed for Construction – Major Traffic Facilities 2020/21” be forwarded to Council’s Design Co-ordinator to finalise design and construction estimates, with a Design Endorsement Report for each project submitted to the Local Traffic Committee as these are finalised.

3. If the detailed cost estimates for projects are higher than listed in Table 2, the lower ranked projects be deferred to future programs.

15 Tyrone Place, Erskine Park - Proposed Extension of "No Stopping" Zone

RECOMMENDED

That:

1. The information contained in the report on Tyrone Place, Erskine Park - Proposed Extension of "No Stopping" Zone be received.

2. The “No Stopping” zone be extended and “No Stopping” signage be installed in Tyrone Place, Erskine Park as shown on Appendix 1.

3. The Hon. Tanya Davies MP, Member for Mulgoa and the worker who raised the matter be advised of Council’s resolution.

GENERAL BUSINESS

GB 1 Station and Reserve Streets, Penrith - Endorsement of Design Plan AS244 (dated June 2020)

Executive Summary

The purpose of this report is to seek Council’s endorsement of a design plan for a roundabout at the intersection of Station and Reserve Streets, Penrith. The report recommends that Design Plan AS244 (dated June 2020) be endorsed for construction.

Background

Funding for major traffic facilities and blackspot funding has been accepted by Council and is on the agenda for this current Local Traffic Committee meeting for concurrent acceptance with regard to recommended projects for construction under the 2020/21 Major and Urgent Traffic Facilities Program. The proposed project and design plan for a roundabout at the intersection of Station and Reserve Streets, Penrith, has been identified and listed for funding under the same program.

Current Situation

Council’s Design Coordinator has now supplied a design plan to be endorsed for construction (Design Plan AS244) as shown in Appendix 1. In addition to the design plan provided, a vehicular swept path analysis has been provided as shown in Appendix 2.

Council’s Design Section advises that the facilities are designed to comply with Design requirements of the Austroads Standards.

It is recommended that consultation be undertaken with affected property owners now that detailed design plans are available. Subject to no substantial objections, it is recommended that Council’s Design Plan AS244 be finalised and endorsed for construction.

_________________________________________________________________________

Sergeant Matthew Shirvington of Nepean Police Area Command advised that he does not have any objections on this matter.

Steve Grady of Busways advised that does not have any issues or objections on this matter.

Councillor Robin Cook advised that she does not have any issues, concerns or objections on this matter.

Brana Ravichelvan of Transport for NSW advised that he does not have any major concerns on this matter.

Councillor Tricia Hitchen has advised that she has reviewed the matter and has no issues or objections.

RECOMMENDED

That:

1. The information contained in the report on Station and Reserve Streets, Penrith – Endorsement of Design Plan AS244 be received.

2. Consultation be undertaken with affected property owners, with any substantial objections to be referred back to Local Traffic Committee for consideration.

3. Subject to no substantial objections, Council’s Design Plan AS244 (dated June 2020) be finalised and endorsed for construction, to be funded under the 2020/21 Major and Urgent Traffic Facilities Program.

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

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 July, 2020 be adopted.

Ordinary Meeting 27 July 2020

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

Compiled by: Natalie Stanowski, Principal Planner

Authorised by: Natasha Borgia, City Planning 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	Ensure our policies, strategies and plans provide for the services and infrastructure our City needs

Previous Items: Section 7.12 Development Contributions Plan for non-residential development - Ordinary Meeting - 23 Mar 2020

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

Executive Summary

The purpose of this report is to provide Council with the outcomes of the public exhibition of draft Penrith Section 7.12 Development Contributions Plan for non-residential development. The draft Plan was prepared in order to be able to collect development contributions to fund infrastructure related to non-residential development.

The Plan was publicly exhibited during May 2020 and one submission was received as a result of the exhibition period. No amendments are proposed to the plan as a result of this submission. It is recommended that Council adopt the Plan and undertake procedures for it to come into effect.

Background

Council considered a report at the Ordinary meeting 23 March 2020 on the draft s7.12 Development Contributions Plan for non-residential development. The Plan was developed as a result of Council’s Development Contributions Framework Review which identified that non-residential development within our established areas are not subject to a development contributions plan.

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

What will the plan charge?

The plan will require the payment of up to a 1% levy for development works with a value over $100,000. The table below details the levy applicable. This levy is set by the EP&A Act Regulations.

Cost of Works of Development	Applicable Levy
$0-$100,000	0
$100,001-$200,000	0.5%
$200,001	1%

Where will the plan apply?

The plan will apply to all works involving non-residential development across Penrith Local Government Area (LGA). This includes new buildings, additions and expansions, change of use, renovations, etc. costing greater than $100,000. The Plan will not apply to Penrith City Centre, Lambridge Estate and the WELL Precinct, as development contributions plans that apply to these locations already collect contributions for non-residential development. It should be noted that this Plan would apply to the recently rezoned Mamre Road Precinct and the Aerotropolis Precinct, until such time as site specific contributions plans are prepared for these precincts.

How much will the plan raise?

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

What works will be delivered by the plan?

Works proposed to be funded by the plan have a strong relationship to industrial and commercial development in our established areas. These works have been previously identified as being necessary to be delivered, but until this time, have not been funded. The works have been distributed across the LGA and are located in all industrial and main commercial areas. The timing for the delivery of works will be dependent on the money collected under the plan, however the plan details the priority of works. The following provides a summary of the works:

Traffic Works

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

Active transport and Bike

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

Bus Shelters

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

Floodplain Risk Management Works

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

Lighting

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

Streetscape & Tree Planting

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

Gross Pollutant Traps (GPT)

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

Public Exhibition and Submissions

The draft Plan was placed on public exhibition from 1 May to 29 May 2020 in accordance with legislative requirements, including recent changes to notification procedures in response to COVID-19. The draft Plan was placed on Councils website, notified in the local newspaper (Western Weekender digital copy), advertised on Councils Facebook page and placed on the Department of Planning, Industry and Environment (DPIE) Planning Portal. A physical copy was not placed on exhibition, consistent with amended notification procedures.

One submission was received on behalf of a land owner in Kemps Creek in response to the draft plan during the exhibition period. Issues raised in the submission and our response are detailed below:

Submission Issue

Response

Lack of relationship between the proposed works in the plan and development site.

Not consistent with the Department of Planning, Industry and Environment (DPIE) practice note on development contributions.

The plan proposes to deliver works across Penrith Local Government Area, although no specific works are proposed in Kemps Creek. The plan details the growth in industrial and non-residential development broadly and the need for works to support this growth across the LGA.

Section 7.12 (4) of the Environmental Planning & Assessment Act, 1979 (The Act) states that a condition under 7.12 is not invalid where there is no connection between the development and the object of expenditure.

This is also consistent with the practice note which states “…The Act does not require any connection between development which pays the levy and the object of the expenditure of the levy”

It is unreasonable for proponents of developments in the Industrial Release Area who are already fully funding all required roads, pathways, street lighting, street tree planting, and drainage infrastructure for their developments, to additionally be required to fund these types of works in other parts of the LGA.

There is no other contributions plan that applies (or applied) to the land. Those works the applicant has stated are required to enable their development to proceed and may be considered to be delivered as a condition of consent. The Act does not preclude the application of a s7.12 plan to the land, where certain works, such as those described are to be provided.

The draft s7.12 Plan delivers infrastructure works that provide benefits to broad catchment areas, rather than individual properties. This ensures that our suburbs have the infrastructure they need to function.

If Council proceeds with the Plan, that for the purpose of calculating the contribution, we do not include the cost of works that the applicant is providing to Council or other public authorities.

The Environmental Planning and Assessment Act Regulations clearly set out what is to be included and excluded in the calculating of Capital Investment Value for the purposes of a 7.12 plan- and it does not exclude the matters that the submission raised. It is therefore recommended that Council not exclude those works requested by the applicant for the purpose of calculating contributions.

The submission did not raise any matters which would prevent the plan being made or would require any amendments to the draft plan. On this basis, it is recommended that Council proceed with making the plan.

Minor drafting amendments

Minor drafting changes are recommended, should Council adopt the Plan. It is proposed that minor changes are made to both the wording and figures within the Plan, to clarify that the Plan only applies to non-residential development and to ensure that in the instance that other development contributions plans that currently apply to non-residential development cease to apply, that this Plan will then apply to this land.

Financial Implications

The financial implications of this report relate to any potential future income that may be received if Council is to proceed with making the s7.12 Plan. The plan assumes an income of approximately $1.5m per annum, $15m over the life of the plan which is based on historical data trend plus predicted growth. Once this plan has been exhibited and adopted by Council this income will be factored into the current operational budget.

Risk Implications

There are no identified risk implications associated with this report.

Conclusion

The timely delivery of local infrastructure within Penrith LGA is important to support our community. As a result, a draft s7.12 Plan has been prepared for non-residential development, which is currently not subject to the payment of contributions. It is envisaged that this Plan will deliver up to $15m over 10 years and will enable the funding of traffic, flood management and public domain works across industrial and commercial precinct of Penrith LGA. It will apply to the Mamre Road and Aerotropolis Precincts until such time as site specific contributions plans are prepared. It is recommended that Council adopt the Plan and proceed with bringing the Plan into effect.

Where Council seeks to adopt this Plan, procedures will be undertaken to bring the Plan into effect, as required under the Environmental Planning Assessment Regulation 2000, including publishing a notice detailing when the Plan will come into effect and providing a copy of the Plan to DPIE.

RECOMMENDATION

That:

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

2. Council adopt the draft Penrith Section 7.12 Development Contributions Plan as outlined and attached to this report.

3. The Plan be brought into effect in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

4. Details of Council’s decision be provided to the author of the submission received.

ATTACHMENTS/APPENDICES

1. ⇩

Draft Section 7.12 Development Contributions Plan for non-residential development

33 Pages

Attachments Included

Ordinary Meeting 27 July 2020

Penrith Developer Infrastructure Agreements Policy

Compiled by: Natalie Stanowski, Principal Planner

Authorised by: Natasha Borgia, City Planning 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	Ensure our policies, strategies and plans provide for the services and infrastructure our City needs

Executive Summary

The purpose of this report is to present a draft Developer Infrastructure Agreements Policy for Council’s endorsement to proceed to public exhibition. The draft Policy has been developed as a result of a review of Council’s development contributions framework. The review identified that Council is successfully entering into infrastructure agreements, however we do not have a public policy that sets out our requirements of the negotiation, detail and execution of agreements.

Infrastructure agreements are important mechanisms to facilitate developers providing local infrastructure for the community. The agreements need to be negotiated through a process that is clear, transparent, fair and in the public interest. A Developer Infrastructure Agreement Policy will give public confidence on the integrity of the process and provide certainty to developers and the community on Councils expectations. It is recommended that Council place the policy on public exhibition for review and feedback.

Background

An infrastructure agreement is a voluntary arrangement to deliver infrastructure or other public benefits associated with a development application (DA) or planning proposal. The agreement is between Council (and/or another planning authority) and a developer. Agreements can deliver a range of works (i.e. roads, open space, drainage) and other public benefits through land dedication, construction of infrastructure and monetary contributions. Agreements can be a flexible and favourable option for Council and developers to provide local infrastructure as in our city growth occurs. This can provide for the timely delivery of infrastructure and certainty for parties to the agreement and the community.

Infrastructure agreements are one of three development contribution mechanisms available to Councils under the Environmental Planning Assessment Act 1979 (The Act). The other two mechanisms are Section 7.11 Development Contribution Plans (nexus-based plans), Section 7.12 Development Contributions Plans (fixed rate levy plan).

Development Contributions are outlined in a development consent, the developer generally has 2 options to meet its contribution obligations, by either:

1. paying a cash contribution in accordance with the existing relevant contributions plan and Council delivers the works, or

2. delivering the works through a Developer Infrastructure Agreement (VPA/WIKA).

Contribution plans are generally considered as part of the rezoning process to ensure appropriate infrastructure is provided to support the proposed use. This may also translate into a VPA to support a planning proposal and provide early certainty to how the proposed infrastructure will be delivered.

Council currently has a WIKA Policy (2013), however currently we have no adopted policy for the way we negotiate and enter into VPAs.

Existing Agreements

Since 2008, Council has entered into 13 VPAs, which have delivered over $150 million of local infrastructure for our community. In addition to this, we are currently preparing to draft two more VPAs which will deliver approximately $25 million of local roads, parks, drainage and affordable housing.

The need for a Developer Infrastructure Agreement Policy

With the growth across our city being realised and significant future growth expected, local infrastructure for new communities delivered at the right time is vital for the success our city. Increasingly development applications and planning proposals seek the opportunity to enter into agreements with Council, in order to facilitate the delivery of local infrastructure by developers. This can have great benefits for the community, Council and developers.

The process of entering into an agreement requires significant negotiation between Council and external parties to achieve public benefits. It is in the public interest that infrastructure agreements are negotiated through a process that is clear, transparent and fair. While protocols are currently being used by staff to ensure probity and transparency is achieved, an infrastructure agreement policy will increase public confidence on the integrity of the process and provide certainty to developers on Councils expectations.

Other Councils such as Blacktown, Liverpool, Parramatta, Fairfield and Wollondilly have policies on planning agreements.

Development Contributions Framework Review and Action Plan

Council’s Development Contributions Framework Review (2019) examined our current planning agreements and reviewed our policies. The Review affirmed that Council is effectively entering into VPAs with developers and recommends that Council should seek to further maximise the provision of public benefits delivered by developers. A policy for infrastructure agreements was recommended and incorporated into our Action Plan.

Proposed Legislative amendments

A draft Planning Agreement Practice Note was released for comment by DPIE in April 2020, as part of a broader review of development contributions in NSW. The practice note provides Councils with a range of principles and policies for agreements. The practice note strongly encourages Councils to adopt policies and procedures concerning the use of planning agreements. It also recommended that Council policies should use best practice guides, principles and procedures to protect the public interest and integrity of the planning process. The draft Developer Infrastructure Agreement Policy is consistent with the requirements of the draft practice note.

The Policy

The Policy has been prepared with assistance from GLN Planning, who were also responsible for preparing Councils Development Contributions Framework Review and Action Plan. In addition, Council’s solicitors have prepared templates for both agreement types and also provided advice on the draft Policy.

Staff and Developer Input

Staff workshops and an industry forum was held to understand staff and developer experiences in entering agreements and to use that knowledge to inform the Policy. Ten development companies with interests in the Penrith LGA attended the industry forum and provided feedback in relation to why developers enter into agreements, any barriers from entering into agreements and what were the developer’s experiences in dealing with Council on agreements. This information has been considered as part of the development and preparation of a robust policy.

The Policy has been developed with the assistance of a number of departments across Council that are involved in the planning agreement process. These include Development Services, Engineering Services, Asset Management, City Presentation and Legal Services.

Types of Infrastructure Agreements subject to the Policy

There are two types of infrastructure agreements that Council enters into that will be subject to the policy that include Voluntary Planning Agreements (VPA) and Works In Kind Agreements (WIKA). It is intended that the draft Policy will provide integrated requirements for both agreements rather than separate policies. Each type of agreement is detailed below:

Voluntary Planning Agreements (VPA) – a means to deliver infrastructure or other public benefits to support a development application or planning proposal and to satisfy obligations under Councils development contributions plans. VPAs can fund a much broader set of purposes than development contributions plans can provide. The key difference between VPAs and development contribution plans are that VPA’s are voluntary to enter and are a negotiated outcome. Council cannot require a developer or landowner to enter into a VPA. Development contributions plans in comparison can just be imposed by Council once a plan is adopted.

VPAs can be an ideal mechanism to support planning proposals and for release areas where developers can deliver infrastructure whilst developing the land. It can also support instances where developers seek to provide infrastructure in addition to that in a contributions plan or outside the essential works list. We also use VPAs to secure infrastructure under Council’s Community Infrastructure Policy.

A VPA should not be inconsistent with an existing contribution plan applicable to the land in so far as it should at least deliver the works required under the plan or provide over and above the plan requirements.

Works In Kind Agreements (WIKA) – enables a developer to provide physical infrastructure works that are listed in a development contributions plan, in lieu of paying the monetary contribution required by that plan. An example of this would be a developer providing a neighbourhood playground that has been identified to be delivered in a contributions plan, in order to satisfy any condition of consent to pay contributions for local open space.

WIKA are used where the development contributions are large enough to construct works and generally where the infrastructure is in close proximity to the development site.

What will the Policy do?

The Policy will detail our processes and requirements for the negotiation, execution and implementation of infrastructure agreements. The Policy will:

· Provide a consistent, clear and transparent process for entering into agreements, that enables certainty for all parties.

· Have clear probity standards.

· Provide the community with confidence in the agreement process and the delivery of infrastructure by parties other than Council.

· Enable developers to directly provide urban infrastructure as part of their developments where this is in the public interest and the infrastructure delivered achieves a net community benefit.

· Facilitate the timing of infrastructure delivery to meet the needs of our community.

· Enable flexible and innovative solutions in meeting the infrastructure needs of our community.

· Ensure that agreements will be clear in demonstrating what infrastructure will be delivered where, when and how.

It is intended that Councils existing WIKA policy will be superseded by this policy.

Policy Provisions

The Policy contains our expectations and requirements for planning agreements covering the following matters:

· Administration and our process for assessing applications

· Probity

· Information to be lodged with letters of offer

· Possible elements that could include a range of works, cash or other community benefits

· Works specification requirements

· Costs, security and insurance

· Land dedication

· Dispute resolution

· Public notification requirements

· Reporting

· Consideration of contribution credits

Financial Implications

There are no financial implications resulting from this report.

Risk Implications

The introduction of the Policy will provide a clear set of standards and processes for the negotiation and preparation of developer agreements. This provides certainty for both the community and development industry and reduces any potential risks to Council that may result from the process.

Conclusion

With growth across our city expected to continue, the delivery of local infrastructure as growth occurs is critical. Infrastructure Agreements provide Council with a mechanism to enable developers to provide this infrastructure. This can provide benefits to Council, the community and developers. Because agreements are voluntary and a negotiated process, it is important that all processes and decision making are clear, transparent and show we are acting in the best interests of the community. In order to do so, a draft Developer Infrastructure Agreements Policy has been prepared. The Policy has been developed using best practice, feedback from the development industry, advice from various council departments and other Councils. The policy is consistent with the draft DPIE Practice Note for Planning Agreements. It is recommended that the draft policy is publicly exhibited, prior to Council considering the policy for adoption, in order to receive feedback from the community.

Next Steps

It is proposed that the policy be placed on public exhibition for comment and feedback. An exhibition would extend for a period of 28 days and be advertised on both Council’s website and in the Western Weekender newspaper. Consultation with the development industry will also take place during the exhibition period. After the conclusion of the exhibition, all submissions would be reviewed and reported back to Council.

RECOMMENDATION

That:

1. The information contained in the report on Penrith Developer Infrastructure Agreements Policy be received.

2. Council endorse the draft Penrith Developer Infrastructure Agreements Policy for public exhibition for a period of 28 days and advertise the exhibition on Council’s website and local newspaper.

3. A further report be provided to Council providing a review of any submissions received during the exhibition period.

ATTACHMENTS/APPENDICES

1. ⇩

Draft Penrith Developer Infrastructure Agreements Policy

110 Pages

Attachments Included

Ordinary Meeting 27 July 2020

Submission to NSW Flood Prone Land Package

Compiled by: Abdul Cheema, City Planning Co-ordinator

Authorised by: Natasha Borgia, City Planning 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	Seek to influence planning legislation and related government policies to ensure the best outcomes for our community

Executive Summary

The Department of Planning, Industry and Environment (DPIE) released for public exhibition a “Flood Prone Land Package” which provides advice to councils on considering flooding in land use planning. The Package was on exhibition until 25 June 2020.

This Package significantly shifts the consideration of flood related development controls for development opportunities above the 1 in 100-year flood level, potentially creating an impediment to growing our City. The scale of this impact is unclear, in particular, what controls will be imposed between the 1 in 100-year flood level and the Probable Maximum Flood level. Given the lack of information available, it is difficult to ascertain the full extent of the impacts the proposed changes will have, and this causes uncertainty.

A letter has been provided to the DPIE before the exhibition closing date of 25 June 2020 noting some of the higher-level comments and lack of clarity, with the proviso that a submission would be forthcoming after Council has had an opportunity to endorse a formal submission on the matter. Council officers have sought and received an extension until the first week of August 2020 to enable an endorsed submission to be provided.

A copy of the full submission with detailed comments on sections and clauses of the exhibited documents is provided as Appendix 1 for Council’s consideration

Background

The Package has been released to ensure that resilience is built into communities located on floodplains and to reduce the extent of property damage and potential loss of life from severe to extreme flooding throughout NSW.

The Package was on exhibition until 25 June 2020 and consists of:

1. A proposed amendment to schedule 4, section 7A of the Environmental Planning and Assessment Regulation 2000 (not exhibited)

2. A revised planning circular

3. A revised local planning direction regarding flooding issued under section 9.1 of the Environmental Planning and Assessment Act 1979

4. Revised Local Environmental Plan flood clauses

5. A new guideline: Considering Flooding in Land Use Planning (2020).

Flood Prone Land Package

1. Proposed amendment to schedule 4, section 7A of the Environmental Planning and Assessment Regulation 2000

The amendment to schedule 4, section 7A of the Environmental Planning and Assessment Regulation 2000 has not been placed on exhibition. We have requested to be involved in the drafting of the regulation.

2. Revised planning circular

This circular provides information on how to consider flooding in land use. It also discusses changes to requirements for planning certificates issued under section 10.7 of the Environmental Planning and Assessment Act 1979 and local planning direction 4.3 on flooding, which affects planning proposals and draft Local Environmental Plans (LEPs).

Proposed changes to regulation will require councils to include a notation on section 10.7 certificates

· if flood-related development controls relating to the Flood Planning Area apply to the land.

· if flood related development controls apply to sensitive, vulnerable, or critical uses, hazardous industries, hazardous storage establishments, or where risk to life considerations apply outside the Flood Planning Area.

· to advise whether there is a need to consider the impact of development against an established regional evacuation strategy or flood-related state emergency sub-plan, within the Regional Evacuation Consideration area.

3. Revised local planning direction regarding flooding issued under section 9.1 of the Environmental Planning and Assessment Act 1979

This direction applies when council prepares a planning proposal that rezones land that is affected by flooding. It restricts rezoning of land within the Flood Planning Area from Recreation, Rural, Special purpose zones or Environmental Zones to a Residential, Business, Industrial, or Special Purpose Zone.

Among other matters, it also restricts a planning proposal that

· contains provisions applying to the “Regional Evacuation Consideration Area” which permits development in areas that will exceed the capacity of an established regional evacuation route(s).

· is likely to result in a significantly increased requirement for government spending on emergency management services.

· permits hazardous industries or hazardous storage establishments where hazardous materials cannot be effectively contained during floods.

4. Revised Local Environmental Plan flood clauses

The Flood Prone Land Package proposes three Local Environmental Plan clauses relating to:

· Flood Planning Area: This clause applies to land that is identified within a flood planning area.

· Special Flood Considerations: This clause applies to land between the flood planning area and up to the level of the probable maximum flood with specific consideration to sensitive, vulnerable, critical uses, hazardous industry or hazardous material storage establishments, and any other land uses requiring controls in relation to risk to life considerations.

· Regional Evacuation Consideration Area: This clause applies to land identified within a regional evacuation strategy or flood related state emergency subplan prepared by the NSW State Emergency Service.

5. Guideline: Considering Flooding in Land Use Planning (2020).

This guideline provides advice to councils on flood-related land use planning and the areas where flood-related development controls should apply. This guideline provides for NSW communities to be more resilient to flooding beyond the 1% Annual Exceedance Probability. This involves considering the management of flood risk for the full

range of flooding up to the Probable Maximum Flood (PMF). It is at the discretion of the individual councils when they apply the information contained within this guideline.

The full range of flooding up to and including the PMF must be considered when undertaking strategic land use planning including Local Strategic Planning Statements (LSPS), Planning Proposals and Local Environmental Plans (LEPs).

Submission to the Flood Prone Land Package

It is appreciated that the Package is necessary to ensure that we build resilience in communities located on floodplains and reduce the extent of property damage and potential loss of life from severe to extreme flooding throughout NSW. However, Penrith is a river city, so as it continues to grow, Council has properly planned to meet the risks of a 1 in 100-year flood (plus freeboard) being the long-held standard. This is the basis for growth under our Local Strategic Planning Statement.

This Package potentially shifts the standard and the consideration of flood related development controls for development opportunities above the 1 in 100-year flood level creating an impediment to growing our City. The scale of this impact is unclear, in particular, what controls will be imposed between the 1 in 100-year flood level and the Probable Maximum Flood level. Given the lack of information available, it is difficult to ascertain the full extent of the impacts the proposed changes will have, and this causes uncertainty.

In addition, Penrith City Centre is also subject to the “Adaptive Management Framework” and accompanying Development Assessment Guideline to manage flood risk and evacuation constraints that place a limitation on the number of residential dwellings that can be constructed in the City Centre. This constraint is impacting development in the Penrith City Centre and its ability to fulfil its strategic role in the future. We would be incredibly concerned if any further restrictions were imposed through this Package and currently it is not clear how this will impact the City Centre and the broader region.

The Package is considered pre-mature in the absence of other related work currently under way. Evidenced based decisions about flood related development controls should inform any amendments. Therefore, the Package should not be implemented until the broader flood work as described below has been completed:

a) The Regional Land Use Planning Framework is currently being undertaken by Infrastructure NSW which will among other matters consider the existing and future planned population to determine risk to life and evacuation capacity.

b) The FEM2 (Regional Flood Evacuation Model) is currently being undertaken by the State Emergency Services (SES). A Geographical Information Services (GIS) layer will be required by council to assess any proposal as required by the proposed changes.

c) The Department of Planning, Industry and Environment (DPIE) is currently undertaking work on the Greater Penrith to Eastern Creek Growth Area. As a part of that project, the Department will be looking at ways to improve the infrastructure capacity that will improve evacuation capacity.

d) The Department of Planning Industry and Environment is currently reviewing the NSW Floodplain Development Manual. The review of the Manual and the release of the Government’s Flood Prone Land Package should coincide.

With gaps in regional evidence and data there is an uncertain level of risk. Therefore collectively, government needs to make decisions about managing the risk on the floodplain.

In addition to the above information, it is strongly recommended that the Package is not further progressed until the following is undertaken:

a) Clarity is provided on what the Regional Evacuation Consideration Area (RECA) is, what is its boundary and what are the proposed associated controls.

b) DPIE have indicated that at this point in time the RECA will only apply in limited areas in NSW such as the Hawkesbury-Nepean Valley. Clarity is needed on why this is the case and the implications of this.

c) Clarity is provided on whether the broader Package would apply to the whole State or just the Hawkesbury-Nepean Valley.

d) Clarity is provided on the intention to implement planning controls between 1:100 and PMF.

e) Further analysis to understand the extent of the land affected by the proposed Package.

f) Once this is understood, that further consultation be undertaken with local government, industry and land owners on what the impacts are.

g) Transparent information sharing including the provision of a map and FEM modelling showing regional evacuation areas and evacuation capacity.

We re-emphasise the importance of evidenced based planning decisions and the need for greater detail and clarity prior to the proposed changes being made and that further consultation be carried out ahead of finalising the Package.

A copy of the full submission with detailed comments on sections and clauses of exhibited documents is provided as Appendix 1 for Council’s consideration.

Next Steps

A letter has been provided to the DPIE before the exhibition closing date of 25 June 2020 advising of our intent to make a submission and providing higher level comments. A final submission will be forwarded to DPIE following Council’s endorsement tonight. The DPIE provided an extension on the provision of Council’s submission until the first week of August 2020 to allow for Council consideration and endorsement.

Financial Implications

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

Risk Implications

There are no direct risks for council. However, this package has been released to reduce the extent of property damage and potential loss of life from severe to extreme flooding throughout NSW.

Conclusion

The purpose of the proposed amendments is to provide guidance to the land use planning process to manage flood risk up to and beyond 1% Annual Exceedance Probability Flood and consider flood risks up to the PMF to build resilience in communities located on floodplains and reduce the extent of property damage and potential loss of life from severe to extreme flooding throughout NSW.

It is appreciated that it is necessary to ensure that we build resilience in communities located on floodplains and reduce the extent of property damage and potential loss of life from severe to extreme flooding throughout NSW. This package is considered pre-mature in the absence of other related work currently under way and therefore should not take effect until the broader flood work has been completed and evidence-based decisions can be made.

RECOMMENDATION

That:

1. The information contained in the report on Submission to NSW Flood Prone Land Package be received.

2. Council endorse the submission provided as Appendix 1 to be forwarded to NSW Department of Planning, Industry, and Environment for their consideration.

ATTACHMENTS/APPENDICES

1. ⇩

Council Submission to the Flood Prone Land Package

7 Pages

Appendix

Ordinary Meeting 27 July 2020

Submission to the Discussion Paper: A Housing Strategy for NSW

Compiled by: Paula Tomkins, Executive Planner

Authorised by: Carlie Ryan, Manager - City Strategy

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	Support and influence tri-government strategic planning in the Western Parkland City by responding to the City Deal opportunities

Executive Summary

The Department of Planning, Industry and Environment (DPIE) has released a discussion paper for public consultation on a Housing Strategy for NSW (Attachment 1). It is intended that the NSW Housing Strategy will set an overarching 20-year vision for housing and set actions in the four key areas of supply, diversity, affordability and resilience.

The NSW Housing Strategy is yet to be prepared and has the potential to impact on future work of Council. The NSW Housing Strategy should draw on Council’s significant body of work and complement it rather than imposing new requirements.

A draft submission has been prepared for Council consideration (Attachment 2). As the public exhibition period closed on 24 July, a draft submission was forwarded to DPIE noting that a final submission would be forwarded following Council consideration on 27 July 2020. It is recommended that Council endorse the draft submission allowing it to be forwarded to DPIE.

Background

The NSW Government has announced that they are preparing a NSW Housing Strategy. As a first step in its preparation, DPIE has released a discussion paper (Attachment 1) and is inviting interested parties to make a submission. Council intends to make a submission based on potential implications that a NSW Housing Strategy may have for Council’s strategic planning such as our Community Strategic Plan, Local Strategic Planning Statement and draft Local Housing Strategy. The NSW Housing Strategy should draw on Council’s significant body of work and complement it rather than imposing new requirements.

Current Situation

Discussion Paper: A Housing Strategy for NSW (Attachment 1)

The discussion paper outlines that the NSW Housing Strategy, once prepared, will set an overarching 20-year vision for housing in NSW, providing a NSW Government position on all housing, from homelessness to home ownership. The following draft vision is proposed:

Housing that supports security, comfort and choice for all people at all stages of their lives, achieved through supply that meets the demand for diverse, affordable and resilient housing and responds to environmental, cultural, social and economic contexts.

The discussion paper addresses four themes:

o Supply - Housing supply in the right locations at the right time

o Diversity - Diverse housing for diverse needs

o Affordability - Housing that is more affordable

o Resilience - Enduring and resilient housing

The discussion paper provides commentary in each of these areas drawing from other studies and available data. In each area a number of draft actions are proposed that the future NSW Housing Strategy could address. Examples include ‘Maintain a housing development pipeline in Greater Sydney’, ‘Improve housing options for people with a disability’, ‘Increase and improve how social housing is built and managed’ and ‘Continually improve the quality and resilience of housing’.

Submission Matters

It is proposed that the following matters be included in a submission to DPIE on the Discussion Paper: A Housing Strategy for NSW. The full draft submission is at Attachment 2.

General Comments

· Council is generally supportive of the development of a NSW Housing Strategy. The draft vision and outcomes that the strategy is proposing to focus on are also generally supported.

· A NSW Housing Strategy will need to clearly articulate its role relative to the existing planning and policy framework. Council needs to understand how the NSW housing strategy will relate to the Greater Sydney Region Plan and District Plan and the strategy’s implications for our Community Strategic Plan, Local Strategic Planning Statement (LSPS) and draft Local Housing Strategy. Council has been undertaking significant strategic land use planning work culminating in the recent completion of the LSPS. We are currently in the process of finalising our Local Housing Strategy and preparing an Affordable Housing Strategy. The NSW Housing Strategy should draw on this significant body of work and complement it rather than imposing new requirements.

· The discussion paper indicates that the NSW Housing Strategy will be finalised in 2020-21 with implementation following in 2021. This timeframe should be reconsidered in light of Council’s timeframes for review of its Community Strategic Plan and finalisation of our Local Housing Strategy.

· The discussion paper states that an Action Plan will be published with the NSW Housing Strategy. It is unclear what this action plan will be and the implications it will have.

· While it is agreed that the NSW Housing Strategy should provide a holistic approach to people at all points on the housing continuum, the outcome of home ownership should be emphasised with actions that reflect this.

Theme 1 - Supply

· Many of the observations made in the discussion paper about the likely future of population and housing need are based on the 2019 DPIE population projections. These projections forecast a significant increase in population for the Penrith LGA which is much higher than the growth Council has been planning for. Further testing of these projections is required as the delivery of housing and infrastructure to support this population is not currently planned for. In addition, some of the key assumptions underlying these projections, such as rate of growth driven by overseas migration, will need to be reconsidered in response to the impacts of COVID-19 before allowing them to influence the final local housing strategy.

· While the discussion paper notes that in the short term there will be enough new homes to keep pace with population growth, this is only true for the private housing market. Further consideration should be given to social and affordable housing.

· The discussion paper notes the need to align future housing supply with the provision of infrastructure. The need to balance infrastructure and housing is a critical issue and should be given greater prominence in the NSW Housing Strategy.

· Jobs growth and the location of jobs close to home is a critical issue for the Penrith LGA. Housing supply needs to be matched with jobs growth and the creation of jobs in the right locations to allow the realisation of the 30 minute city. In this regard, the NSW Housing Strategy should be complemented by the development of Council’s employment strategy (currently under development).

· Penrith LGA has distinct areas of both urban and rural land that are clearly reflected in our LSPS. Additional housing supply should retain this balance and not result in urban sprawl.

Theme 2 - Diversity

To promote diversity the NSW Housing Strategy should:

· encourage an increased supply of accessible and adaptable housing.

· consider the differences in demographics between places as Penrith City’s population is experiencing growth in the numbers of older people but not at the same pace as other areas.

· consider how the NSW Government can deliver an increased supply of social and affordable housing, to reduce waiting times for eligible applicants.

· consider how homelessness might be reduced by targeting resourcing and support into early intervention for vulnerable people including those impacted by sudden shifts in the labour market, people leaving domestic violence, exiting correctional facilities, mental health inpatient facilities, hospitals and young people exiting home care.

· support innovative private rental projects that bring together NSW Government agencies, community support providers and real estate agents to ensure people can access and sustain private rental.

Theme 3 - Affordability

To attempt to address affordability the NSW Housing Strategy should:

· consider how to build partnerships with Aboriginal and mainstream Community Housing Providers (CHP) to stimulate growth in the CHP sector and enable delivery of more affordable rental housing.

· consider how the private sector could contribute to social housing in appropriate locations close to transport and services.

· investigate ways to support and expand the Build To Rent industry, maintaining outcomes for residents as the priority.

· combat homelessness with more housing options including the use of appropriate government property for homeless emergency or crisis accommodation and housing.

· consider providing further support for shared equity models of affordable housing for purchase by first home buyers with not-for-profit organisations.

· investigate ways to support collaborative planning of affordable rental housing during the rezoning or development application process.

· investigate schemes that enables transition from social or affordable rental housing to home ownership.

Theme 4 - Resilience

To best address housing resilience and responsiveness, the NSW Housing Strategy should:

· consider healthy built environment principles such as design of houses that improve the perception of safety on the street and encourage people to walk, the location of houses in relation to local shops, open space and other infrastructure that supports healthy active living

· prioritise health, safety and sustainability in social housing, both in new developments and if retrofitting older stock

· consider the effects of COVID-19 (and future pandemics) in the future design of housing and housing precincts

· outline best practice sustainable design requirements for new housing

· consider how existing planning, codes and standards can be updated to best reflect resilience

· advocate for a process to allow tenants to adopt sustainability measures in their homes.

Financial Implications

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

Risk Implications

Should Council not respond to the Discussion Paper through a submission, the risk is that Council’s views will not be considered as part of the development of the NSW Housing Strategy.

Conclusion

Our understanding is that DPIE will develop the NSW Housing Strategy and the first action plan over the next 12 months, implemented in 2021. The draft submission at Attachment 2 seeks clarity on this implementation timeframe and the implications for Council. The draft submission makes it clear that the NSW Housing Strategy should draw on Council’s significant body of work and complement it rather than imposing new requirements.

A draft submission has been provided to DPIE noting that it is subject to consideration at the 27 July Ordinary meeting of Council. DPIE has confirmed that they will accept Council’s final submission following consideration at this meeting. Council endorsement on the matters outlined in this report and the draft submission at Attachment 2 is sought to allow them to form the basis of a final submission to DPIE on the discussion paper.

RECOMMENDATION

That:

1. The information contained in the report on Submission to the Discussion Paper: A Housing Strategy for NSW be received

2. Council endorse the draft submission at Attachment 2 allowing it to be sent as a final submission to the Department of Planning, Industry and Environment on the Discussion Paper: A Housing Strategy for NSW, May 2020

ATTACHMENTS/APPENDICES

1. ⇩	Discussion Paper: A Housing Strategy for NSW	88 Pages	Attachments Included
2. ⇩	Draft Council Submission to Discussion Paper: A Housing Strategy for NSW	4 Pages	Attachments Included

Ordinary Meeting 27 July 2020

Road classification review and transfer

Compiled by: Hans Meijer, City Assets Manager

David Drozd, Traffic Engineering Coordinator

Adam Wilkinson, Engineering Services Manager

Authorised by: Brian Steffen, Director - City Services

Outcome	We can get around our City
Strategy	Provide a safe and efficient road and pathway network
Service Activity	Maintain the City’s roads and pathways

Executive Summary

The NSW Government has established an Independent Panel to oversee the Road Classification Review and Regional Road Transfer. The classification of roads as State and Regional on the basis of road importance is a key factor in determining the planning, management and funding of these roads.

Submissions for roads to be re-classified are currently being invited by the Independent Panel. It is recommended that the following roads in the table below be submitted to the Independent Panel for consideration and that the Local State Members be informed of the roads to be submitted by Penrith City Council:

Road Name	Current Road Classification	Proposed Road Classification	Length (km)
Dunheved Road, Werrington	Regional	State	4.16
Werrington Road, Werrington	Regional	State	2.09
Christie St, St Marys (Werrington Rd to Forrester Rd)	Regional	State	2.10
Forrester Road, St Marys (Glossop St to Ropes Creek)	Regional	State	2.67
Glossop St, St Marys	Regional	State	2.01
Evan St/Macquarie Ave, Penrith (High St to Coreen Ave)	Local	State
Andrews Road, Penrith	Regional	State	2.27
Coreen Ave, Penrith	Regional	State	2.24
Roper Road, Colyton (GWH to Carlisle Ave)	Regional	State	1.10
Jamison Road, Penrith (Mulgoa Rd to Parker St)	Regional	State	2.43
Luddenham Road, Luddenham	Regional	State	9.27

Background

The NSW Road Classification Review and Transfer is made up of two initiatives being delivered as one project by the State Government:

- Road Classification Review (NSW wide)

- Regional Road Transfer (regional councils only).

Penrith City Council is eligible to submit roads for consideration under the Road Classification Review only. The NSW Government is providing an opportunity for all Councils to submit roads for consideration by the Independent Panel (State/Regional/Local roads).

The overall purpose of the project is to contribute to a better managed, contemporary road network for NSW, with benefits that include supporting regional growth, and promoting healthy communities through pace-making and engaging with other forms of transport.

Roads that are classified as Regional only secure limited State funding toward their maintenance and upgrade.

Current Situation

Many Local and Regional roads across our City are performing an arterial road function, servicing regional wide transport corridors traditionally the realm of the State Government.

State Roads - are major arterial links throughout the State and within major urban areas which are the responsibility of the State Government to fund and prioritise, due to their significance to the network. State Roads include roads classified under the Roads Act 1993 as Freeways, State Highways and Important Main Roads.

Regional Roads - are routes of secondary importance between State Roads and Local Roads. Some Regional-classified roads are located within metropolitan areas. They are designated as regional based on their significance rather than their geographical location. Regional Roads include roads classified under the Act as Secondary Roads and the less significant Main Roads. They also include some roads not classified under the Act. It is the responsibility of Councils to fund, prioritise and carry out works on Regional Roads. They are eligible for funding assistance from the State Government in recognition of their importance to the network. Council receives an annual ‘Block Grant’ for works on Regional Roads and additionally, is able to lodge submission for the ‘REPAIR” program for work on specific Regional Roads. This is a competitive program against other Metropolitan councils and funding is capped.

Local Roads – are the remaining Council controlled roads which provide for local circulation and access. It is the responsibility of Councils to fund, prioritise and carry out works on Local Roads. The Federal Government contributes to road funding on Local Roads through Financial Assistance Grant funding.

The Road Classification Review and Transfer Information Paper sets out the Principles for the consideration to be given for the classifications of each road. Council officers have reviewed the classification criteria guide and recommend several roads be submitted to the Independent Panel for consideration to review the road classification.

The Penrith City Council Local Government Area currently has the following road network (by category). With current development and planned development, the network is increasing at 5-10km/annum.

Road Category	Existing road length (km)
State (excluding M4)	120.5
Regional	62.1
Local	1048.7
Total	1231.3

Table 1.1 – Current road length (km) in the Penrith LGA

Existing roads proposed to be submitted for consideration by the Independent Panel are as follows:

Road Name	Current Road Classification	Proposed Road Classification	Length (km)
Dunheved Road, Werrington	Regional	State	4.16
Werrington Road, Werrington	Regional	State	2.09
Christie St, St Marys (Werrington Rd to Forrester Rd)	Regional	State	2.10
Forrester Road, St Marys (Glossop St to Council boundary)	Regional	State	2.67
Glossop St, St Marys	Regional	State	2.01
Evan St/ Macquarie Ave, Penrith (High St to Coreen Ave)	Local	State
Andrews Road, Penrith	Regional	State	2.27
Coreen Ave, Penrith	Regional	State	2.24
Roper Road, Colyton (GWH to Carlisle Ave)	Regional	State	1.10
Jamison Road, Penrith (Mulgoa Rd to Parker St)	Regional	State	2.43
Luddenham Road, Luddenham	Regional	State	9.27

Table 1.2 Proposed roads for re-classification

Council staff have undertaken traffic counts on the above roads and the table below summarised the AM and PM peak traffic counts, average annual daily traffic (AADT) and the % heavy vehicles. The peak traffic counts have been undertaken between 2018 and 2020.

Road / location of AM/PM traffic count	AM Peak (8-9am)	PM Peak (5-6pm)	AADT (bi-directional)	% Heavy Vehicles
Dunheved Rd - West of Werrington Rd	1924	2237	24,265	6.6
Christie Street – West of South Creek Bridge	1865	2096	22,112	6.5
Werrington Rd – South of Dunheved Rd	1526	1575	22,039	7.3
Forrester Road, St Marys (Glossop St to Council boundary)	1594	1577	23,985	13.5
Glossop St, North of Harris St, St Marys	2579	2371	29,792	11.8
Andrews Road, (west Northern Rd)	1202	1438	15,349	9.6
Jamison Road (west of Station St)	1245	1403	17,524	13.1
Luddenham Road – 1km west of Mamre Road	553	663	6,841	5.3
Lemongrove Rd (South of Coreen Ave)	1059	1132	13,237	2.7
Evan St North of Henry St	1576	1654	18,271	8.3
Evan St North High St	1039	963	12,468	7.9

Table 1.3 AM and PM traffic counts on roads nominated for re-classification.

At this stage, consultation with the Panel and Local Metropolitan Councils is due to occur on 17 August. Detailed submissions will be required and the Panel will provide guidance on what should be provided.

Council staff have selected the roads for consideration in Table 1.2 using the guiding Principles in the ‘Road Classification Review and Transfer Information Paper – June 2020’.

Luddenham Road is included for consideration due to the anticipated increase in traffic volume through planned development in the area.

Classification of New and Growth Area Roads

There is an obvious focus on the re-classification of existing arterial roads and the functionality of same under current conditions. In addition, for the Penrith LGA, there is a real and equal need to review those existing and future arterial roads within the growth areas and hence apply an appropriate classification through this present review.

As our City and indeed our Region grows, there is increasing pressure on the arterial road network. Significant planning and funding are being allocated to the upgrade of existing State Roads such as Mamre Road, Elizabeth Drive and The Northern Road. In addition, roads such as Luddenham Road and several new arterial roads in the Western Sydney Employment Area (WSEA) (e.g. the Southern Link Road) will play critical roles in the overall transport network. Roads such as Luddenham Road are currently in Council ownership and there is a high likelihood that the majority of the growth area roads will also be classified as Local Roads, being owned and maintained by Council. However, many of these roads, in particular Luddenham Road, must be classified as a State Road, given their future functionality in supporting the aerotropolis. It is unacceptable to consider that all new roads will be owned and maintained by Council.

It is therefore critical that a clear road network and road hierarchy (including classification and ownership) is established now, to provide certainty of funding, delivery, ownership and maintenance. We request that through this current classification process, that a framework be established to classify all growth area roads in a methodical and structured process. More recently we have been in discussion with the Department of Planning in relation to road hierarchy planning and road classification for the WSEA.

Financial Implications

Whilst the roads listed in the report remain Council owned roads, Council is responsible for their ongoing maintenance. The capacity to upgrade the roads to accommodate the increased traffic volumes and types of vehicles using the road is limited within Council budgets and opportunities to seek grant funding from other levels of Government.

Risk Implications

Council will continue to be responsible for the care and control of the road pavements along non-state roads and hence any costs associated with their maintenance and upgrade.

Conclusion

There is an opportunity for current roads within the Penrith Local Government Area to be considered for re-classification through the Road Classification Review and Transfer project. It is recommended that Council staff prepare a detailed submission for the Independent Panel’s consideration for the roads listed in Table 1.2 following the consultation workshop with the Panel (17 August).

RECOMMENDATION

That:

1. The information contained in the report on Road classification review and transfer be received

2. Council write to Local State Members to seek their support for the proposed Road Re-classifications as detailed in the report.

3. The NSW Government be requested to work with Western Sydney Councils to establish a future road hierarchy to support the Western City and through same, establish a classification framework which provides certainty of funding, ownership and maintenance for the growth area road network.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 27 July 2020

RFT19/20-42 Kingswood Pedestrian Lighting

Compiled by: Ezekiel Meares, Project Supervisor

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

Michael Jackson, Design and Projects Manager

Kylie Powell, Director - City Futures

Brian Steffen, Director - City Services

Outcome	We have safe, vibrant places
Strategy	Make our public places safe and attractive
Service Activity	Maintain a Community Safety Plan for the City

Executive Summary

Tender reference RFT19/20-42 Kingswood Pedestrian Lighting was advertised online through Apet360 on 19 May 2020. The tender closed on 10 June 2020.

This report advises Council of the outcome of the tender evaluation process and recommends that the tender received from Stowe Australia Pty Ltd be accepted for the full scope of works outlined in RFT19/20-42 Kingswood Pedestrian Lighting for the amount of $358,320 (excluding GST) with tender options one $151,880 and option four $50,310, for a total contract sum of $560,510 (excluding GST).

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

Background

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

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

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

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

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

- Bringelly Road (Eastern Side) (Mid-Block) capturing the small section of shops between Santley and Orth street.

- Red Cross Park, located on the corner of the Great Western Highway and Somerset Street, Kingswood.

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

Tender Evaluation Panel

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

Tender Evaluation Criteria

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

· Demonstrated Ability

· Methodology to Deliver the Project

· Technical Requirements

· Project Completion Times

· Financial Viability

· Company Structure and Employment Practices

· Local Preference Policy – Suppliers and Contractors

· Quality Control

· Cost/Price Category

· Work Health & Safety

Tender Summary of Tenders Received

All nine Tenders were evaluated by the panel and assessed against Councils tender evaluation criteria. The tenders received are listed below in price order.

Company	Tendered Price	Tender Option 1	Tender Option 4	Company Address	Owners/ Directors
Lindsay Civil Pty Ltd	$301,000.00	$169,060.00	$62,100.00	9 Waler Cres, Smeaton Grange 2567	Matthew Lindsay Peter Camer
Exceptional Electrical Services (Aust) Pty Ltd	$320,883.20	$126,040.42	$53,689.68	Unit 3, 16-18 Northumberland Rd, Caringbah NSW 2229"	Craig Masters
Twin Connect Pty Ltd	$322,200.94	$99,565.11	$45,800.90	Unit 4, 40 Marigold Street Revesby 2212	Kristopher Lemke Michael Lemke Ben Robinson
Stowe Australia Pty Limited	$358,320.00	$151,880.00	$50,310.00	57 Jack Williams Dr, Penrith 2750	David Madson Chris Madson Scott Gandy Barry Hore Mick Pawelko
Hix Group Pty Limited	$384,650.00	$147,100.00	$63,500.00	Unit 1, 10 Production Place, Penrith, 2750	Ian John Hicks
JRW Trading Pty Ltd	$388,632.12	$132,773.09	$33,614.43	Unit 9, 1 Boden Rd, Seven Hills 2147	Joshua Wheatley
Alectrics Electrical Services Pty Limited	$393,260.00	$145,507.00	$40,840.00	8/9a Foundry Rd Seven Hills, NSW 2147	Alex Hayman
LAM & AJW Family Investments Pty Limited	$413,425.00	$108,280.00	$57,380.00	Unit 17, 9-12 Lambridge Place, Penrith 2750"	Aaron James Wright Luke Andrew Maxwell
Roadworx Surfacing Pty Ltd	$420,291.91	$169,187.48	$85,119.33	Unit 5 & 6, 6-8 Herbert Street, St Leonards, NSW 2065"	Stephen Gillies, Linden Gillies

Evaluation of preferred Tenderer

All nine Tenders were evaluated by the panel and assessed against Council’s tender evaluation criteria.

On assessment Exceptional Electrical Services (Aust) Pty Ltd and Twin Connect Pty Ltd did not demonstrate their ability against the Tender evaluation criteria and scored poorly on that basis. Out of the remaining tenders Lindsay Civil Pty Ltd and Stowe Australia Pty Ltd were selected by the panel for further investigation based on their competitive prices and scoring against the tender evaluation criteria.

Upon further investigation the panel found that Lindsay Civil Pty Ltd had provided limited project references that clearly demonstrated their previous experience in Pedestrian Lighting or projects of a similar nature. The panel agreed on further investigation that Stowe Australia Pty Ltd were a local supplier, provided strong examples of previous lighting projects and projects of a similar nature and on this basis scored highly against the tender evaluation criteria. This strongly demonstrated to the panel that Stowe Australia Pty Ltd had the relevant experience to undertake this project.

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

1) Compliance with the tender evaluation criteria

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

3) Competitive price

Financial Implications

Included in the assessment of tenders is the commissioning of independent reference checks, financial analysis, and performance analysis. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd on Stowe Australia Pty Ltd for a previous tender recently within the last 12 months. 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 Stowe Australia Pty Ltd.

Funding for the proposed pedestrian lighting works is provided by a $400,000 Light My Way grant under the Safer Communities Fund from the Department of Industry, Science, Energy and Resources. Council funds totalling $200,000 have also been provisioned to meet the financial requirements of this project.

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Brian Steffen - Director City Services, Glenn McCarthy - Governance Manager and Neil Farquharson – Financial Services Manager were briefed by the Design & Projects team about the background and the process followed.

The TAG considered the recommendations in relation to the tender for the construction of the Kingswood Pedestrian Lighting Project noting that Stowe Australia Pty Ltd demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

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

Conclusion

The Tender Evaluation committee is in the opinion that Stowe Australia Pty Ltd provided the most advantageous tender and demonstrated significant experience to complete projects of a similar nature, it is recommended that Stowe Australia Pty Ltd be awarded the contract for the amount of $358,320 (excluding GST) with tender options one $151,880 and option four $50,310, for a total contract sum of $560,510 (excluding GST).

RECOMMENDATION

That:

1. The information contained in the report on RFT19/20-42 Kingswood Pedestrian Lighting be received

2. The Tender from Stowe Australia Pty Ltd for the amount of $358,320 (excluding GST) and tender options one $151,880, and option four $50,310, for a total of $560,510 (excluding GST) be accepted for RFT19/20-42 Kingswood Pedestrian Lighting, Kingswood.

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 27 July 2020

Round 2 - NSW Government's Greater Sydney Sports Facility Fund - Ched Towns Reserve Amenity Building Upgrade

Compiled by: Virginia Tuckerman, Community Facilities and Recreation Planning and Projects Coordinator

Tim Whiticker, Recreation and Community Facilitites Planner

Authorised by: Brian Steffen, Director - City Services

Outcome	We are healthy and share strong community spirit
Strategy	Provide opportunities for our community to be healthy and active
Service Activity	Plan for the provision of and facilitate the delivery of community, sport and recreation facilities

Executive Summary

Council Officers have received notification that $1,660,000 has been awarded through the NSW State Government’s Greater Sydney Sports Facility Fund (GSSFF) to upgrade and embellish the amenity building at Ched Towns Reserve, Glenmore Park. Council will contribute $565,000 towards the project through the Building Asset Renewal Program in 2021/22, bringing the total cost of the project to $2.225m.

The amenity building currently services four sports fields and is used by rugby league (Glenmore Park Brumbies JRLFC), Penrith Junior and Nepean District Senior cricket associations and six schools. The existing amenity building limits the user group operations, is not fit for purpose and does not meet contemporary sport participation needs, particularly female participation.

The project will realise improved and accessible changing and toilet facilities, enhanced canteen, storage, accommodation for match officials, and a first aid room. In addition to the amenity works, Council will also undertake tree planting within the reserve.

The project is included in the program of works in the Sport and Recreation Strategy that will realise an investment of $125m in 82 sport, recreation, play and open space projects during the course of the next 5 years.

Council was previously successful in Round 1 of the GSSFF at:

- Jamison Park synthetic field ($2.565m) – construction commenced, completion scheduled by March 2021.

- Mulgoa Rise sportsground amenity extension ($649,600) – construction commenced, completion scheduled by November 2020.

- Mark Leece Oval amenity building ($1.285m) – tender process completed (report included in this Business Paper), completion scheduled by May 2021.

The report recommends that Council accept the award of $1.660m from the NSW Government’s Greater Sydney Sports Facility Fund to upgrade and embellish the amenity building at Ched Towns Reserve, Glenmore Park and, that Council enters into a funding agreement with the NSW Government’s Office of Sport. It also recommends that Council write to the Minster for Sport, and the State Member for Mulgoa, thanking them for their ongoing support and the grant.

Background

Established in 2018, the GSSFF is a three-year grant program with approximately $33m annually available across the 33 Local Government Areas in the Greater Sydney Region. The minimum grant available is $500,000 with the maximum being $5m. A minimum co-contribution of 25% is required for projects exceeding a $1m project cost. The GSSFF grant program was established to:

- increase the number and type of sporting facilities available;

- improve the standard of existing sporting facilities; and

- increase participation in sport.

In Round 1 of the program, Council secured grants for Jamison Park synthetic field ($2.565m), Mulgoa Rise amenity extension ($649,600) and an amenity building at Mark Leece Oval ($1.285m)

Round 2 of the program opened on 1 July 2019. Council Officers updated and resubmitted 6 unsuccessful Round 1 applications including:

- Ched Towns Reserve, Glenmore Park – embellish and upgrade amenity building.

- Boronia Reserve Sports Precinct, St Marys – floodlighting, field reconstruction, new and upgraded amenity buildings, upgraded netball courts, improved car parking.

- Cook Park, St Marys – installation of a single rectangular synthetic field, and amenity building upgrade.

- St Clair Sports Corridor (Peter Kearns Oval, Cook and Banks Reserve, Saunders Oval) – Storage facilities, car park improvements, amenity building and canteen upgrade, accessibility improvements, field irrigation.

- Greygums Oval, Cranebrook – Redevelopment and upgrade of changing rooms/amenity building. Floodlight upgrades to junior AFL field and athletics throwing area.

- Dukes Oval, Emu Plains – floodlight installation, amenity building upgrade and extension.

Current Situation

At Council’s Ordinary Meeting on 16 December 2019, it was reported that Council Officers had received notification that the project to embellish and upgrade the amenity building at Ched Towns Reserve, Glenmore Park had been selected to progress to Stage 2 of the GSSFF assessment process.

The amenity building currently services four sports fields and is used by rugby league (Glenmore Park Brumbies JRLFC), Penrith Junior and Nepean District Senior cricket associations and six schools. The project will realise improved and accessible changing and toilet facilities, enhanced canteen, storage, accommodation for match officials, and a first aid room. In addition to the amenity building upgrade, Council will also undertake tree planting within the reserve.

Council Officers submitted a detailed business case to NSW Office of Sport by the deadline date of 31 January 2020. After assessment by NSW Office of Sport, notification was received in June 2020 that the amenity upgrade project had been awarded $1.660m grant funding towards a total project cost of $2.225m. Amenity building renewal at Ched Towns Reserve is scheduled in Council’s Building Asset Renewal Program with $565,000 being allocated as a contribution towards the project in 2021/22. The project is programmed to be completed in this year.

118 expressions of interest were received by the NSW Government Office of Sport in Round 2 of the GSSFF program, amounting to over $186 million being requested. 23 Expressions of Interests were invited to progress to Stage 2 of the application process.

Financial Implications

This report calls for Council co-contribution funding of $565,000 which is currently confirmed in the 2020-21 Building Asset Renewal Program and will coincide with the timing of project delivery.

Risk Implications

The Community Facilities and Recreation Risk Register identifies risk associated with providing unsafe facilities and contractor performance. Controls have been established in relation to facility provision and contractor management. The amenity building upgrade will ensure compliance to current facility standards and this will be sustained through a regular facility inspection and maintenance program.

Conclusion

The existing amenity building is not fit for purpose and does not meet contemporary sport participation needs, particularly female participation. It limits user group operations and their ability to provide inclusive programs for the wider community. The project will realise improved and accessible changing and toilet facilities, enhanced canteen, storage, accommodation for match officials, and a first aid room. Once completed it will provide an environment which supports and attracts increased participation and allows user groups to operate safely and effectively.

The grant award of $1,660,000 will ensure that Council is able to continue to deliver program of work identified in the Sport and Recreation Strategy’s five year program and, that existing Council budgets are leveraged with Council realising $2.94 for every dollar of its investment in the upgrade of the Ched Towns Reserve amenity building.

In terms of project process, Council is required to enter into a funding agreement with the NSW State Government and projects are required to be delivered within three years. Council Officers have programmed this project to be completed in 2021/22 subject to endorsement of the grant award by Council, consultation with stakeholders, contractor program, and any conditions during construction which may affect the program.

RECOMMENDATION

That:

1. The information contained in the report on Round 2 - NSW Government's Greater Sydney Sports Facility Fund - Ched Towns Reserve Amenity Building Upgrade be received

2. Council accept the award of $1.660m from the NSW Government’s Greater Sydney Sports Facility Fund to upgrade and embellish the amenities building at Ched Towns Reserve, Glenmore Park.

3. Council write to the Minister for Sport, and the State Member for Mulgoa, thanking them for their ongoing support and the grant.

4. Council enter into a funding agreement with the NSW Government for the sum of $1.660m from the NSW Government’s Greater Sydney Sports Facility Fund to upgrade and embellish the amenities building at Ched Towns Reserve, Glenmore Park.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 27 July 2020

COVID-19 Community Recovery Fund - Projects recommended for funding

Compiled by: Claire Galvin, Disability Inclusion Officer

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

Kylie Powell, Director - City Futures

Outcome	We are healthy and share strong community spirit
Strategy	Help build resilient, inclusive communities
Service Activity	Work with partners to deliver events that strengthen our community

Executive Summary

This report informs Council of the applications received for Council’s COVID-19 Community Recovery Fund and recommends projects to receive funding.

Council received 16 expressions of interest, requesting a total of $150,653.54 from a diverse range of organisations that provide services to residents across all areas within the Penrith LGA. Seven projects were assessed by Council officers, as being innovative and demonstrating value in assisting residents in recovering from the social effects of COVID-19.

There are currently $30,000 funds available to distribute in the COVID-19 Community Recovery Fund. The recommended projects total $38,401 and funds will be sought from existing budgets to manage the shortfall.

Background

Due to the cancellation of activities and events in early 2020 as a result of COVID-19 restrictions, there remained unspent funding in the City Activation, Community and Place Department budgets. As we slowly move towards recovery from the social effects of the COVID-19 pandemic, these funds have been repurposed into the COVID-19 Community Recovery Fund that will further support the work of the recently established Community Recovery Taskforce. This is a one-off pool of $30,000 funding available for non-profit organisations and community groups to deliver projects that address community needs.

The objectives of the fund are:

· To support local organisations in quickly responding to emerging needs and deliver flexible activities/services

· To support organisations in building resilience as Penrith’s communities experience the longer-term social effects of the COVID-19 pandemic and as government restrictions around physical distancing are eased

Local non-profit and community organisations were made aware of the fund through interagency networks and information channels and were invited to put forward projects through an “Expression of Interest” process.

Social Impacts of COVID-19

To inform the Community Recovery Taskforce, the City Activation, Community and Place Department has recently undertaken surveys of local community and social service organisations to understand the challenges that the organisations are facing as well as the concerns that they are hearing from service users and the community.

Challenges for organisations include:

1. Engaging service users

2. Funding to deliver services in new ways

3. Client access to IT equipment

4. Skills and confidence for staff in working remotely and

5. Staff access to full mobility through IT equipment.

As restrictions are easing and there is now some return to face to face services, organisations have identified the need for support and operating protocols to ensure that staff and clients are safe.

Through the survey, organisations identified that service users were reporting feelings of social isolation and loneliness. Whilst restrictions are easing for many in the community, it is worth noting that older residents and those with chronic illness (often associated for those with disability) are still being advised to reduce contact so while it may feel that the rest of the world is out and about, these groups are still essentially in lockdown.

Services also indicated that mental health concerns and financial pressures are being reported by the community. This information has been provided to the Community Recovery Taskforce to assist them in responding to local issues in the development of 30 and 100 day recovery plans.

Eligibility and Assessment Criteria

The purpose of the funding was the delivery of innovative projects or changes in service delivery to respond to community needs in recovering from COVID-19. To support these ideas, Expressions of Interest could be submitted for projects requesting between $3,000 and $10,000. There was a total funding pool of $30,000 available and organisations were encouraged to collaborate for a wider reach. Only not for profit community organisations were eligible to apply but businesses/ for profit organisations could be involved in partnerships or consortium projects.

To be eligible to apply, projects must:

· have direct benefit to, and participation by, Penrith City residents;

· be in line with Council’s Access and Equity principles;

· be led by a not-for-profit organisation with experience and capacity to operate in the Penrith LGA;

· meet a demonstrated need related to the social effects of the COVID-19 pandemic;

· be delivered by March 2021, and;

· demonstrate value for money.

Ineligible projects included:

· those requiring funding for staff costs and salaries;

· fundraising programs or support organisations whose main role is to fundraise and;

· reimbursements for projects already undertaken, or already funded.

The assessment criteria for projects was based on the following considerations:

· the proposed project addresses a clearly defined community need that has arisen due to the COVID-19 pandemic;

· project beneficiaries are within Penrith LGA, and proposed projects meet the needs of the diverse communities of Penrith City;

· the organisation has the experience and skills to deliver the project, which is innovative and different from the usual core business of the organisation;

· projects are inclusive and have a supporting evidence-base and;

· the project is achievable in the short-time frame, and cost-effective.

Applications Ranked for Funding

Of the 16 applications received, two projects were deemed ineligible. The remaining projects were assessed according to the established criteria.

Seven of the remaining project applications were for expenses that are part of the usual operation of the service – not for projects aimed at addressing social issues relating to COVID-19 recovery. A number of the projects did not demonstrate clearly in the application a community need arising from COVID-19, and how the proposed project would address that need and provide benefit to the community. Appendix 1 provides a table of projects not recommended for funding.

All unsuccessful applicants will be offered feedback on their application, including advice on improving their application and possible alternative funding sources for their project.

Following assessment of project applications by Council officers, the highest ranking proposed projects are summarised in the table below. These projects total $38,401.

Table 1 – Projects recommended for funding

No	Group	Project Title	Project Description	Amount
1	Great Community Transport	Active Care and Repair Gardens Plus	Active Care and Repair Garden Plus will assist seniors and people with disabilities (particular focus on some of the most isolated members of the community) by providing assistance with gardening and mowing. A key objective is to provide socialisation (combatting isolation worsened by COVID-19 social distancing measures), and to build on the individuals’ health, wellness and reablement outcomes, whilst also increasing the amenity of “home” for people now mandated to spend more time at home for their own health and safety. How project mitigates effects of COVID-19: · Older people and people with disability are more at risk of COVID-19, thus more in need of isolating at home on occasion. This can lead to social isolation. · More time at home also needs for greater need for home maintenance, and increasing amenity of home so that more activities can be undertaken at home	$9,971.00
2	Nepean Food Services	Let's Dine Out	The “Let's Dine Out” program will offer real and affordable opportunities for older members of the community, who otherwise struggle financially, to dine out locally with friends and family. People are supported to get out and about, maintain important relationships, continue to connect with local people and local businesses, and be actively part of the community. It promotes people's choices about where they eat and adds significantly to their quality of life. People purchase vouchers (for $8.00) from Nepean Food Services which entitles them to purchase a meal to the value of $12 from 23 partners consisting of local cafes, restaurants, clubs and hotels. How project mitigates effects of COVID-19: · Older people and people with disability are more at risk of COVID-19, thus more in need of isolating at home on occasion. This can lead to social isolation. · Dining out offers an opportunity to socialise with others · Partnering local cafes, pubs, clubs, and restaurants receive increased patronage which is a boost to the local economy and hospitality sector, having suffered financial losses during the shut-down period	$5,400.00
3	St Marys Baptist Church, Mums4Refugees NSW, Morris Care & Advice Pharmacy, Colyton Centre Pharmacy (partnership project)	The Good Connections Project	The Good Connections Project will run free monthly healthy cooking and good conversation sessions led by refugees/asylum seekers. These targeted sessions (with about 12 people each session) will provide health education, and valuable social interaction. Take-home packs of groceries, toiletries, and information on health topics will be provided, as well as information on where to access good quality low cost items and social services in Penrith. The project will assist people suffering the social adverse effects of the pandemic including isolation, financial stress, and will combat misinformation/conspiracy theories about COVID-19. How project mitigates effects of COVID-19: · There has been a lack of information in some CALD communities about COVID-19. Misinformation and negative comments directed towards migrant community members has also multiplied. These sessions will provide factual information. · Stress, such as that experienced during the pandemic also causes many people to develop unhealthy eating habits, which is also addressed through this project.	$5,550
4	WestCare Community Services	Kidz Blitz Penrith	The Kids Blitz Penrith initiative will provide high quality baby and children's clothing to targeted high-need, low socio-economic Penrith families as they navigate a COVID-19-impacted, post-JobSeeker/Keeper period. How project mitigates effects of COVID-19: · Due to job losses from the COVID-19 shutdown and subsequent economic downturn, many families have been pushed into economic hardship. This may be exacerbated in the next few months as stimulus measures are rolled back. · This project offers low-cost essential items for families who find themselves impacted through economic hardship	$3,000.00
5	Cana Enterprise Limited	Life Trans-formation Program (LTP)	Cana Farm's LTP will offer marginalized people the opportunity to access mental and physical health care, engagement in vocational training and workplace readiness programs. Cana Enterprise provides employment as a precursor to external employment. The workplace programs actively target people within the Penrith LGA, include engagement directly with local schools & disability groups. How project mitigates effects of COVID-19: · Unemployment has increased due to COVID-19, and this means that people who were unemployed prior to COVID-19 may be now even more marginalised and unlikely to get a job (due to increased competition from newly unemployed) · LTP will offer direct skills development and work participation for the most marginalised of unemployed people or those requiring retraining following job loss	$4,720.00
6	Community Junction Inc	Community Hub Days	Information and support events at four local community centres across the LGA will empower communities’ local residents by offering appropriately ‘socially distanced information stalls’, and interactive workshops hosted by organisations to build resilience and provide support for the emerging and changing needs within the community. How project mitigates effects of COVID-19: · Due to COVID-19, people previously well-connected may be experiencing social isolation, and previously solvent people may be struggling financially. Thus, many people may have need to connect to community services for the first time. · This project will give residents to easily connect to many services that may be of use to them, in a convenient forum	$5,560.00
7	PCYC Penrith	Fit For Life	Fit for Life is a 1.5 hour weekly session focusing on fitness, engagement with local police and the community impacting change, positive growth and inclusion. Youth participate in a morning sport session with police mentors followed by a free healthy breakfast and support for school or job- seeking activities. This funding will allow expansion and reorientating of the program to include more people, particularly newly un-employed young people and those facing mental health issues. How project mitigates effects of COVID-19: · Many young people have become unemployed due to COVID-19 · This project gives them something meaningful to do, whilst also building skills, networks, and connection to their local community	$4,200.00
Total Funds Sought $38,401

Financial Implications

One off funding for the COVID-19 Community Recovery Fund is available through City Activation, Community and Place as part of Council’s 2020-21 Operational Plan. Funding of up to $30,000 is available for successful projects where applicants meet the eligibility criteria. Of the 16 expressions of interest, 7 projects totalling $38,401 were assessed by Council officers, as being cost effective and innovative in assisting residents in recovering from the social effects of COVID-19 leaving a funding shortfall of $8,401 that will be sought from existing budgets.

Risk Implications

All applicants must comply with Council’s policies and procedures as a condition of receiving funding, including maintaining Public Liability Insurance.

Council officers will work closely with successful applicants to ensure project activities mitigate any possible risks to the community, including those of COVID-19. Should advice change regarding restrictions on social gatherings over the coming weeks or months, applicants will be requested to hold funds until such time as activities can be safely undertaken.

Conclusion

Council received 16 applications requesting a total of $150,653.54 for COVID-19 Community Recovery Funding. The available budget for the COVID-19 Community Recovery Fund is $30,000.

After careful consideration against the identified criteria, 7 projects are recommended, totalling $38,401 leaving a funding shortfall of $8,401 that will be sought through existing budgets.

The projects recommended for funding cover a range of target groups and suburbs across the city. These projects address many different social needs, targeted to improve access to opportunities for disadvantaged community members.

RECOMMENDATION

That the information contained in the report on COVID-19 Community Recovery Fund - Projects recommended for funding be received.

ATTACHMENTS/APPENDICES

1. ⇩

COVID-19 Projects Not Recommended for Funding

4 Pages

Appendix

Ordinary Meeting 27 July 2020

Gipps Street Recreation Precinct Masterplan

Compiled by: Tim Whiticker, Recreation and Community Facilitites Planner

Wasique Mohyuddin, Major Projects Coordinator

Andrew Robinson, Community Facilities and Recreation Manager

Michael Jackson, Design and Projects Manager

Authorised by: Brian Steffen, Director - City Services

Outcome	We are healthy and share strong community spirit
Strategy	Provide opportunities for our community to be healthy and active
Service Activity	Plan for the provision of and facilitate the delivery of community, sport and recreation facilities

Executive Summary

This report presents the revised masterplan for the Gipps Street Recreation Precinct which has been updated after the recently concluded public exhibition period (8 May-8 June), as well as feedback received from Councillor’s at the Briefing (6 July 2020).

The masterplan (enclosed separately for the information of Councillors) includes:

- Sports fields (floodlit)

- Amenities (including canteen, with opportunity to service play area, accessible toilets and adult change bed facility and changing rooms)

- 2 netball courts

- Cricket practice facilities

- Children’s play, nature play and water play (including shade)

- Youth precinct, including skate park and 2 multi-sport courts (floodlit)

- Pump track

- Outdoor health and fitness gym

- Pedestrian access connections, walking loops, nature/exploration trail and potential for future South Creek trail and connection to St Marys

- Boardwalk

- Passive recreation, picnic, and viewing areas including BBQ’s, shelters, and public art

- Off leash dog park

- Toilets (male, female, unisex and accessible)

- Tree planting and landscaping

- 400 car park spaces and coach drop off/parking

The budget for the implementation of the Masterplan is $15m as a result of s7.11 District Open Space Developer Contribution funds. Subject to endorsement of the Masterplan, the current project program will realise:

- Completion of detailed design by July 2021

- Tender process for work in October 2021

- Construction commence January 2022

- Community access July 2023

The report recommends that the information in the report be received and, that Council endorse the Masterplan.

Background

In December 2007, Council adopted a Masterplan for the future development of the Gipps Street site as well as a Precinct Plan to guide future use of the adjoining South Creek recreational corridor. The Masterplan was developed based on extensive consultation and aspired to maximise the opportunities at the site for active and passive recreation pursuits. The masterplan was designed to provide high quality sporting fields within a landscape that also offered passive and informal recreation areas.

Council was unable to implement the original masterplan due to site contamination issues which required significant remediation. In 2019, Council completed all remediation works at the site and an environmental impacts validation report was approved by the Environment Protection Authority (EPA).

The 2007 Masterplan was subsequently reviewed and amended to reflect the known environmental constraints at the site, current trends in passive and active recreation and a project budget of $15m. Clouston Associates were engaged to undertake the Masterplan revisions.

Community Engagement

The updated Masterplan was placed on public exhibition between 8 May – 8 June 2020.

Council Officers implemented a communications strategy for the public exhibition period which included:

- Flyer distribution to 2,500 households in Claremont Meadows and Caddens

- Email distribution to 16 local sports representatives

- Print Media (Western Weekender front page and multiple page article)

- 7 Social media posts (4 Facebook & 3 Instagram) throughout the exhibition period

- Comments and feedback through www.yoursaypenrith.com.au/gippsstreet

- Meeting invitations to state and local sporting organisations.

As a result of this communication:

- There were over 3,600 visitors to the haveyoursay page, with 585 document downloads, 230 contributions towards the survey and 121 contributions to the ideas page. 317 people viewed the masterplan photograph.

- In terms of social media, it is estimated that there was a 25,916 online reach with 37,795 impressions. Social media included 4 Facebook and 3 Instagram posts stimulating 1,055 engagements, 69 – Comments, 118 – Shares.

- Council Officers held 5 meetings with 10 representatives from Local and State Sport Organisations representing approximately 25,000 participants in the Local Government Area. The sports included; football, rugby league, cricket, AFL and baseball. Written submissions from these sports and netball were received.

Engagement Outcomes

All elements included in the masterplan which was placed on public exhibition were supported, in particular;

i) Play, Water Play and Children’s Play areas

The provision of play equipment, water play and designated children’s play areas was well received by the community. Feedback indicates that residents are seeking the provision of large scale, varying and stimulating play equipment across multiple age groups at the Gipps Street site. The community also suggested increased car parking to be provided in close proximity to the playspace.

In response, the revised masterplan now includes a larger footprint for the playspace, and additional nature play pods have also been included in the design.

The playspace designs will be consistent with Everyone Can Play guidelines. The amenities building adjacent to the playspace will include accessible toilets, and an adult change table. A canteen will be provided as part of the amenities building with the opportunity to service the playspace in response to a number of suggestions regarding provision of a kiosk. Parking is located in close proximity.

ii) Walking, Cycling, Pathways Connections and Parking

The provision of walking loops, trails and cycling pathways, as well as ample provision of car parking was strongly supported. Cycling connections through to St Marys were also raised within the resident comments and will be considered as part of future planning. Other comments from the community were positive about pathway connections to South Creek.

The pathway and cycling loops in the revised masterplan have been retained and are now complemented with the addition of a nature/exploration trail with natural play nodes. Associated signage (directional and educational), as well as lighting in the park will be addressed during the detailed design phase.

The pump track affords the opportunity for off road cycling for beginners and the more experienced, with the hard court areas also providing learn to ride opportunities when not being used for other activities. Both elements address community feedback seeking the inclusion of this facility type.

During the detailed design phase, the opportunity to install fitness stations, as well as water bubblers, around the pathway loop will be considered, in addition to the outdoor health and fitness area which is currently included.

In response to the emphasis to provide more car parking, 125 additional car park spaces have been added to the masterplan, creating 400 formal parking spaces. Opportunities to add to this number, (formal or as overflow) will be reviewed during detailed design.

Coach drop off and parking has been added to the revised masterplan.

iii) Shaded Areas and Passive Recreation

The provision of BBQ areas was widely supported by residents who identified Gipps Street Recreation Precinct as an ideal location to host social and cultural gatherings and celebrations. In terms of larger gatherings there was strong representation for an indoor hall to accommodate 300 people at the venue.

Based on community consultation, multiple shaded BBQ and picnic areas will be provided across the site to meet the expected use. This will also include bigger shelters for larger gatherings, with the revised masterplan including these close to the playspace and amenities, but there is potential to include other locations.

Spatially and financially, it is not possible to provide a 300-person indoor hall at the venue. St Marys Memorial Hall can service this need currently.

iv) Provision of Sports Hard Courts (Basketball and Netball)

Council received strong representation from the community in relation to the provision of multiple sports hardcourts, particularly for basketball, and for these to be lit. The masterplan includes two floodlit hard courts.

In reviewing the masterplan, 2 netball courts have been added to the revised masterplan. These can be utilised for other sports and general recreational activities (e.g. learn to ride a bicycle) when not in use by netball.

Providing additional basketball or netball courts will be challenging, given existing space availability. In the development of the youth activity area, if consultation with young people determines, an additional basketball hoop could be included during the detailed design phase.

Ongoing provision of basketball and netball courts will continue to be reviewed and planned as part of the future development of sports infrastructure in the City, or as part of infrastructure upgrades at existing facilities so that a network of courts is provided in the Local Government Area.

v) Sportsground and Amenity Provision

Engagement with the sports codes identified that the field capacity included in the Masterplan will meet their needs.

To address the provision of netball courts, the masterplan has been revised to include 4 rectangular fields, one modified field, and a mini field (formerly a modified field). It has been determined that this change can be accommodated in terms of sport operations and the capacity of the remaining fields. In addition, the location of the cricket practice facility has been moved, which will have no impact on the sport.

Baseball NSW and Greater Western Baseball Association made representation to utilise the site with a longer-term view that the relocation of baseball activities from Samuel Marsden Road should transport infrastructure impact that site.

Investment of over $2.5m is planned in baseball facilities over the next three years at Chapman Gardens, Monfarville Reserve, and Samuel Marsden Road which will increase the capacity of those venues, with the potential for future infrastructure improvements that could provide additional capacity.

Sports infrastructure to meet the needs of baseball at Gipps Street also has the potential to reduce the flexibility of the site for use by multiple groups.

For these reasons, the revised masterplan does not include the provision for baseball. As future planning for the City progresses, the need to consider alternative venues for baseball will be addressed subject to ongoing demand levels for the sport.

Council Officers will continue to engage in dialogue with sports groups to determine use of the site.

Financial Implications

The Gipps Street masterplan sets out the elements that will be incorporated in the future development of the Gipps street site. Funding for the implementation of the masterplan is to come from council’s s7.11 district open space developer contributions plan with accurate costs to be identified as the project progresses through the detailed design, tender and construction stages. Once completed, the upgraded facility will be required to be incorporated into future asset renewal programs and a provision for ongoing maintenance will also be necessary in Council’s annual budget.

Risk Implications

The Gipps Street Recreation Precinct Masterplan proposal has only been possible after many years of effort to ensure the site meets stringent safety requirements. The key risk on this site pertains to those safety requirements, however the Masterplan has only been put forward after all known issues have been resolved and signed off to the satisfaction of the relevant auditors. With an appropriate budget having been established and all the requirements of the auditors known, it is felt that this risk has been adequately mitigated.

Another key risk is the impacts of any future South Creek Corridor transport infrastructure. Whilst planning is still underway within the relevant State Government agencies, they have been consulted regarding these plans and will be kept abreast of this development as it progresses.

Conclusion

The revised masterplan for Gipps Street, has been developed after consideration of community and sport user group engagement, as well as the geography and environmental considerations of the site. The masterplan includes:

- Sports fields (floodlit)

- Amenities (including canteen, with opportunity to service play area, accessible toilets and adult change bed facility, and changing rooms)

- 2 netball courts

- Cricket practice facilities

- Children’s play, nature play and water play (including shade)

- Youth precinct, including skate park and 2 multi-sport courts (floodlit)

- Pump track

- Outdoor health and fitness gym

- Pedestrian access connections, walking loops, nature/exploration trail and potential for future South Creek trail and connection to St Marys

- Boardwalk

- Passive recreation, picnic, and viewing areas including BBQ’s, shelters, and public art

- Off leash dog park

- Toilets (male, female, unisex and accessible)

- Tree planting and landscaping

- 400 car park spaces and coach drop off/parking

Subject to Council adopting the Masterplan the next phase will be to undertake a detailed design stage, where there will be ongoing engagement with the community (including young people regarding the youth precinct) and sports organisations.

The program for the project is:

- Completion of detailed design by July 2021

- Tender process for work in October 2021

- Construction commence January 2022

- Community access July 2023

Council will continue to be provided with progress reports throughout this process.

RECOMMENDATION

That:

1. The information contained in the report on Gipps Street Recreation Precinct Masterplan be received

2. The Masterplan for Gipps Street Recreation Precinct be adopted.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 27 July 2020

RFT19/20-26 Mark Leece Amenity Upgrade

Compiled by: Ezekiel Meares, Project Supervisor

Authorised by: Michael Jackson, Design and Projects Manager

Brian Steffen, Director - City Services

Outcome	We are healthy and share strong community spirit
Strategy	Provide opportunities for our community to be healthy and active
Service Activity	Plan for the provision of and facilitate the delivery of community, sport and recreation facilities

Executive Summary

Tender reference RFT19/20-26 for the Mark Leece Amenity Upgrade was advertised online through Apet360 on 19 May 2020. The tender closed on 16 June 2020.

This Report advises Council of the outcome of the Tender process and recommends that the Tender from Westbury Constructions Pty Ltd be accepted for the full scope of works outlined in RFT19/20-26 for the Mark Leece Amenity Upgrade for a total amount of $1,195,742 (excluding GST).

Background

At Council's Ordinary Meeting on 25 February 2019, it was resolved that Council accept the NSW Governments Greater Sydney Sport Facility Fund (GSSFF) grant of $1,285,000 awarded for the construction of new amenities at Mark Leece Oval, St Clair. A Council contribution will make up the remainder of the budget.

Council officers have undertaken an inclusive stakeholder consultation process with onsite user groups and together have developed a successful project design and delivery program to create an environmentally sustainable building that removes barriers and promotes inclusive sport opportunities.

Architectural drawings were produced using advice from the asset owner and comments received during the consultation process. The scope is summarised as follows:

· Demolition of the existing amenities building and surrounds

· Construction of the following in double brick and steel:

o Canteen with adjoining storeroom

o First Aid room

o Referee Change room with toilet and shower

o 2x Teams change rooms with shower and toilets

o Accessible toilet stall with shower

o 3x Male and 3x female toilet stalls

o 3x secure Storerooms

o Covered verandah

o BBQ area

o Tiered seating to western side

o Accessible ramps and walkways from north and south

Tender Evaluation Panel

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

Tender Evaluation Criteria

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

· Demonstrated Ability

· Methodology to Deliver the Project

· Technical Requirements

· Project Completion Times

· Financial Viability

· Company Structure and Employment Practices

· Local Business Preference Policy - Suppliers and Contractors

· Quality Control

· Cost/Price Category

· Work Health & Safety

Tender Summary of Tenders Received

A total of twenty-three (23) tenders were received by the closing date of the advertised tender and are listed below in price order (ex GST):

Company	Tendered Price	Company Address	Owners/ Directors
Versabuild Pty Limited	$986,700.00	Shop 6/1822 The Horsley Dr, Horsley Park, NSW 2175	Tony Trimboli Gaetano Belardo
Croft Land Pty Ltd t/as Croft Land Homes	$1,040,500.00	3 Montore Rd, Minto NSW 2566	Tanjima Akter Sharmin Newaz Khan
Novati Constructions Pty Ltd	$1,099,777.00	Lv 1, 99 Alexander St Crows Nest, NSW 2065	Giampietro Novati Luisa Novati Alberto Novati Marco Novati Danny Novati Adrian Novati
Kellyville Building Pty Ltd	$1,133,608.49	35 Fyfe Rd Kellyville, NSW 2155	Brad Bruton
Ausfield Pty Ltd	$1,180,707.00	316/33 Lexington drive, Bella Vista NSW 2153	Anwar Menashi
K M C interiors	$1,194,392.00	54 Moore St Leichardt, NSW 2040	Zac Curic
Westbury Constuctions Pty Ltd	$1,195,742.00	33 Lexington Dr, Bella Vista, NSW 2153	Darren Price, Shakeel Karim
Pelenoy Group Pty Ltd	$1,204,620.23	137 Parsonage Rd Castle Hill, NSW 2154	Bradley Waud
Executive Building Pty Ltd	$1,228,806.40	331 Windsor Rd, Baulkham Hills NSW 2153	Nathan Heta
Phillip McNamara t/as Cranebrook Constructions	$1,288,900.00	97 Taylor Rd Cranebrook, NSW 2749	Phil McNamara
Betta Homes and Construction Pty Ltd	$1,308,587.00	247 Rowe St Eastwood, NSW 2122	Eric Li, Karen Guan
Acron Building Services Pty Ltd	$1,320,738.00	7/20 Tucks Rd Seven Hills, NSW 2147	Joseph Bracks
Avium Pty Ltd	$1,325,520.49	85 Wardell Rd Dulwich Hill, NSW 2203	Joseph Harb, Antonio Pugliese
Avant Constructions Pty Ltd	$1,345,500.00	Unit 1/51 Owen Street Glendenning NSW 2148	Antonio D'Urso Angelo Aloi John D'Urso David D'Urso
Mak Construction (Aust) Pty Ltd t/as Mak Civil and Construction Group	$1,398,680.00	64 Bryant St Padstow, NSW 2211	Ali El Khochen Milad El Khochen
Avant Build Pty Ltd	$1,405,316.77	781 Pacific Highway Chatswood, NSW 2067	Hamidreza Aminian
Co-wyn Building Contractors Pty Ltd t/as Cowyn Building Group	$1,452,600.00	10-12 Arkley Street Bankstown, NSW 2230	Marc Cohen, Kevin Cohen, Marie Cohen, Maurice Cohen, Patrick Cohen, Raymond Cohen, Shaun Cohen. Stephen Cohen, Adam Johnson, Kell Portass, Bradley Rattenbury
Carden Builders Pty Ltd	$1,472,816.48	147 Koola Ave East Killara, NSW 2071	Ross Sanderson
Coverit Building Group	$1,489,570.00	Unit 18 37-47 Borec Rd Penrith, NSW 2749	Shane Stanley Comans
Versatile Fitout Pty Ltd	$1,508,366.00	Lv 2, 210 Clarence St Sydney, NSW 2000	Marco Fahd, John Saleh Rhonda Hussein – Smith, Wajdi Maroun
Coleman And Fairburn Builders Pty Ltd	$1,571,240.00	18/287 Victoria Rd Rydalmere, NSW 2116	Mark Jensen
Rodgers Construction Group Pty Ltd	$1,716,595.00	3/74 Edward St Riverstone, NSW 2765	Mitchell Rogers Ben Kavo
B & G Enterprises (NSW) Pty Limited	$2,322,161.00	14 Altair Pl Jamisontown, NSW 2750	Grahame Gunton Michelle Gunton

Short Listed Tenderers

Nine tenders were initially shortlisted based on available budget and then assessed against the evaluation criteria, these are listed below. The remaining tenders were not considered further based on cost.

· Versabuild Pty Limited

· Croft Land Pty Ltd

· Novati Constructions Pty Ltd

· Kellyville Building Pty Ltd

· K M C interiors Pty Ltd

· Ausfield Pty Ltd

· Westbury Constructions Pty Ltd

· Pelenoy Group Pty Ltd

· Executive Building Group Pty Ltd

Evaluation of preferred Tenderer

The tenders received from Versabuild Pty Ltd, Croft Land Pty Ltd, Kellyville Building Pty Ltd, K M C interiors Pty Ltd and Ausfield Pty Ltd did not provide examples of previous projects that demonstrated their ability to complete projects of a similar nature and on this basis scored poorly against the tender evaluation criteria.

The panel agreed to investigate both Novati Constructions Pty Ltd and Westbury Constructions Pty Ltd further based on their submissions that scored well against the tender criteria and were of competitive price.

The panel on further review agreed that Novati Constructions Pty Ltd provided minimal experience on projects of a similar nature compared to the tender received from Westbury Constructions Pty Ltd. Westbury Constructions Pty Ltd clearly demonstrated their ability to complete projects of a similar nature and scale, and demonstrated that they have experience constructing large community facilities for other Councils.

The Tender Evaluation Committee agreed that Westbury Constructions Pty Ltd were providing the highest value for money compared to the other tenders in terms of demonstrated ability and price.

The recommended company Westbury Constructions Pty Ltd was selected based on their:

1) Compliance with the tender evaluation criteria

2) Demonstrated ability to complete projects of a similar nature and scale

3) Competitive price

The Tender evaluation committee thoroughly reviewed the information pertaining to past experience of the proposed tenderer and conducted reference checks.

Financial Implications

Included in the assessment of tenders is the commissioning of independent reference checks, financial analysis, and performance analysis. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd on Westbury Constructions Pty Ltd for a previous tender within the last 12 months. 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 Westbury Constructions Pty Ltd.

Project funding includes the NSW Governments Greater Sydney Sport Facility Fund (GSSFF) grant of $1,285,000 in addition to Council funds. This project is already included in the 2020-21 Operational Plan.

Tender Advisory Group Comments

The TAG considered the recommendations in relation to the tender for the construction of the Mark Leece Amenity Upgrade noting that Westbury Constructions Pty Ltd demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

Conclusion

The Tender Evaluation Committee is in the opinion that Westbury Constructions Pty Ltd provided the most advantageous tender and demonstrated significant building experience of a similar nature, it is recommended that the company be awarded the contract for a contract sum of $1,195,742.00 excluding GST.

RECOMMENDATION

That:

1. The information contained in the report on RFT19/20-26 Mark Leece Amenity Upgrade be received

2. The proposal and Lump sum price from Westbury Constructions Pty Ltd of $1,195,742 excluding GST be accepted for the Construction of the Mark Leece Amenity Upgrade, St Clair.

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 27 July 2020

Acceptance of Grant Funding - Local Roads and Community Infrastructure Program

Compiled by: Hans Meijer, City Assets Manager

Andrew Robinson, Community Facilities and Recreation Manager

Authorised by: Brian Steffen, Director - City 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	Manage Council’s assets to minimise risk, reflect lifecycle costs and meet community needs

Executive Summary

Council Officers have received notification that $1,522,275 is available to Council under the Local Roads and Community Infrastructure Program (LRCI) Program which was announced by the Federal Government on 22 May 2020, subject to signing a funding agreement and submission of eligible Work schedules for nominated projects.

The report recommends that Council accept the nominal grant funding of $1,522,275 offered under the Local Roads and Community Infrastructure Program and enters into a funding agreement with the Department of Infrastructure, Transport, Regional Development and Communications and submits works schedules for the projects as detailed in this report.

Background

The Local Roads and Community Infrastructure Program (LRCI) Program was announced by the Federal Government on 22 May 2020, with funding being offered to Councils to be spent from 1 July 2020 to 30 June 2021 that meet eligibility criteria. The nominal grant funding amount offered to Penrith City Council under the LRCI Program is $1,522,275.

Current Situation

The LRCI Program runs from 1 July 2020 to 31 December 2021, with projects required to be physically completed by 30 June 2021. The Program was announced as part of the Australian Government’s wider economic response to COVID-19.

The LRCI Program is a Demand Driven (eligibility based) grant program. The objective of the LRCI Program is to stimulate additional infrastructure construction activity in local communities across Australia to assist communities manage the economic impacts of COVID-19. The funding cannot replace funding for projects that Councils have already committed to in 2020/21 within the adopted Operational Plan. Projects have been selected on the need to meet the selection criteria,which include the ability to be delivered within the required completion timeframe.

The signed agreement and proposed work schedules to be approved are required to be submitted by the end of July 2020 to comply with the funding conditions. As such, work schedules have been prepared for the projects listed in the report.

Proposed Projects

Community Public Space Infrastructure Projects

A range of projects are proposed that have not already been included in the adopted Operational Plan but compliment other projects planned or underway that benefit the community.

The projects are summarised in the table below:

Project Summary	Value ($)
Bus boarding point upgrades	200,000
Street tree planting	200,000
Road resurfacing works	200,000
Eileen Cammack Reserve, South Penrith – Floodlighting upgrades	100,000
Surveyors Creek, Glenmore Park – Floodlighting upgrades	100,000
The Kingsway Fields (south), Werrington – Floodlight upgrades	75,000
Gow Park, Mulgoa – Floodlight upgrades	150,000
Chapman Gardens, Kingswood - fencing	100,000
Parkes Ave Tennis, Werrington – tennis court upgrades	197,275
Ripples Penrith – Heat pump upgrade works	200,000
Total:	1,522,725

Table 1 – Summary of projects for proposed Works Schedules

The detail of the proposed projects are:

Bus boarding point upgrades at priority locations

The proposed works compliment the existing program of upgrading bus boarding points at priority locations to improve accessibility to public transport for the community. These funds will allow Council to accelerate the program of installation of concrete boarding points, with tactiles and compliments the $200,000 already allocated in the 2020/21 adopted budget.

Funding request: $200,000

Street tree planting

Planting of street trees aligns with Council’s Cooling the City Strategy and compliments the street tree program already in place.

Funding request : $200,000

Road resurfacing (Farm Road, Mulgoa)

Proposed works include the resurfacing of Farm Road, Mulgoa between St Thomas Road and Littlefields Road and between Allan Road and Vincent Road. These works are additional to the 2020/21 Road resurfacing program. Farm Road has shown an accelerated deterioration in road surface condition, likely from increased traffic using this link while The Northern Road is being upgraded.

Funding request: $200,000

Community Sport and Recreation Infrastructure Projects

The seven proposed projects identified for funding through the LRCI Program are consistent with the strategies and actions of Council’s Sport and Recreation Strategy, have been identified as necessary from an asset renewal and upgrade perspective and, critically, can meet the grant program timeframe of being able to be delivered by June 2021.

In terms of delivering Sport and Recreation Strategy outcomes the projects identified will address the following strategic directions and actions:

i) ‘Sportsground surfaces, buildings and associated infrastructure sustain the usage demand and are fit for purpose/fit for future.

- Increase the capacity of use at existing venues through the provision and upgrade of infrastructure including amenity buildings, floodlighting, irrigation and turf renovations..’

Four of the projects are floodlight renewal and upgrade projects where designs have been developed and initial stages of the projects have been completed within the resources available at the time. The LRCI Program will enable completion of these projects and, also, the opportunity to develop a single tender package which it is anticipated will create economies of scale, better value and efficiencies. The proposed projects are:

Eileen Cammack Reserve, South Penrith - Floodlighting will ensure that the second field (Field 1 lights previously upgraded) is illuminated to 100 lux which will allow night competition games and, that the recently completed reconstructed modified and mini fields are lit to Australian Standards for training. The amenities building is also being upgraded as a result of a $500,000 grant award and is programmed for completion in July 2022. The project will fulfil the infrastructure improvements at the site to ensure that the facility meets community sport needs in the long term.

Funding request - $100,000.

Surveyors Creek, Glenmore Park – Diamond 1 floodlight upgrades were completed in 2019. Stage 2 of the project is to upgrade Diamond 2 to provide illumination to 250 lux for the infield and 100 lux to the outfield.

Surveyors Creek Softball fields are used by over 1000 participants on weekly basis during the season. The floodlight improvements will ensure that; participants play, train and compete in a safe environment, the venue is capable of hosting both local and regional events, field capacity can be better managed to sustain use of the facility by multiple groups.

Funding request - $100,000

The Kingsway Fields (South), Werrington - Floodlighting at The Kingsway Fields (South) has been incrementally renewed and updated. The two stages completed to date has resulted in floodlights to the two senior fields being upgraded. The project will ensure that the mini fields will be lit to Australian Standards.

The project to upgrade the floodlights at The Kingsway Fields (North) is scheduled for completion in August 2020, and the construction of the new fields at Kingsway Fields (West) is programmed to be complete in December 2020.

Upgrading floodlighting at the mini-fields will ensure that all lighting across The Kingsway Fields precinct meet the standards for community sport and will ensure that the venue has the capacity to accommodate the high levels of participation that it experiences into the future.

Funding request $75,000.

Gow Park, Mulgoa - Stage 1 floodlight improvements realised the installation of 2 floodlight poles and an upgrade to the electrical switchboard. An additional four poles and floodlight upgrades are required to ensure the facility is lit to the appropriate Australian Standards to allow night time competition and training, as well as increase the capacity of the playing surface.

Funding request $150,000.

Two additional sportsground infrastructure projects are proposed, at Chapman Gardens and Parkes Avenue Tennis Complex both of which are included in the Sport and Recreation Strategy 1-5. Grant funding will ensure that appropriate resources are available to ensure project delivery within this timeframe.

Chapman Gardens, Kingswood – The Sport and Recreation Strategy identifies the need to provide improved amenities, irrigation and field surfaces, floodlighting and ancillary infrastructure including baseball fencing, ‘bull pens’ and batting cages at Chapman Gardens precinct (including Doug Rennie Fields).

Council recently secured a Federal Government grant of $1m for the upgrade of the amenities at Chapman Gardens baseball facility and Doug Rennie fields, as well as irrigation and field surface upgrades.

Funding from the LCRI Program will enable improvements to fencing and the construction of ‘bull pens’. MacKillop Baseball Club, the user group at Chapman Gardens, has submitted a grant application to the latest round of the NSW Government’s Community Building Partnership for funds to install batting cages. The investment will continue to future proof baseball infrastructure in the City with almost $3m allocated for expenditure at Chapman Gardens, Samuel Marsden Road, and Monfarville Road baseball facilities over the next three years.

Funding request - $100,000

Parkes Ave Tennis, Werrington - The Sport and Recreation Strategy includes the action to convert two single use courts to multipurpose courts and upgrade two tennis courts at Parkes Avenue to synthetic surfaces to support formal and informal tennis use. The courts are currently in a poor condition with only two of the four courts regularly used.

Investment in creating a multi-functional space will meet community demand for multi-sport facilities and improved tennis courts, address asset renewal need, and continue to enhance the precinct as a community sport and recreation hub.

Funding request - $197,275

ii) ‘Indoor sports facilities and aquatic centres will meet the needs of the community’

Heat Pump works at Ripples Penrith

Proposed works involve the installation of a new 440kW heat pump and associated works at Ripples Penrith which will enable the opening period of the pool to be extended for use.

Funding request - $200,000

Financial Implications

There is no requirement for Council to provide matching funds to the grant being offered. Once completed any new assets will be incorporated into future asset renewal programs and a provision for ongoing maintenance will also be made as per Council’s budget guidelines.

Risk Implications

Conclusion

It is recommended that Council accept the grant being offered and lodge the proposed work schedules to the Department of Infrastructure, Transport, Regional Development and Communications.

RECOMMENDATION

That:

1. The information contained in the report on Acceptance of Grant Funding - Local Roads and Community Infrastructure Program be received

2. Council accept the grant funding of $1,522,275

3. Council endorse the Work schedules as listed in the report

4. Council write to The Hon Michael McCormack MP, Deputy Prime Minister - Minister for Infrastructure, Transport and Regional Development and The Hon Mark Coulton MP - Minister for Regional Health, Regional Communications and Local Government thanking them for the funding.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 27 July 2020

Transfer of Lot 4 DP 271141 to Council for Public Road Purposes

Compiled by: Julie Connell, Program Manager

Authorised by: Nathan Ritchie, Property Development Manager

Andrew Moore, Director - Corporate Services

Outcome	We have confidence in our Council
Strategy	Manage our money and our assets to be sustainable now and into the future
Service Activity	Provide property services and manage community and commercial requests for the use of Council owned or controlled land

Executive Summary

In December 2014 the Department of Planning (‘the Department’) received correspondence from Altis Bulky Sub Trust 3 (‘Altis’) requesting to rezone 585 – 649 Mamre Road Orchard Hills from RU2 Rural Residential to IN1 General Industrial via an amendment to State Environmental Planning Policy (Western Sydney Employment Area) 2009 (WSEA SEPP) and Penrith Local Environmental Plan 2010 (Penrith LEP).

This rezoning was approved in June 2016 and included the Minister for Planning and Public Spaces and Altis entering a Voluntary Planning Agreement (‘VPA’). A provision of the VPA required the dedication of a portion of land for the purposes of road widening, now known as Lot 4 DP271141 (‘lot 4’). The VPA provides several mechanisms for dedication or transfer of the land for road purposes.

Altis have subsequently written to Council, requesting Council accept the transfer Lot 4 DP271141 (‘lot 4’) for the purposes of road as a roads authority under the Roads Act 1993. This report seeks Council’s acceptance of the transfer.

Background

On 19 December 2014 the Department received correspondence from the Altis requesting that the Minister prepare an amended Environmental Planning Instrument for site at the 585 – 649 Mamre Road Orchard Hills from RU2 Rural Residential to IN1 General Industrial via an amendment to State Environmental Planning Policy (Western Sydney Employment Area) 2009 (WSEA SEPP) and Penrith Local Environmental Plan 2010 (Penrith LEP).

In response to the request the Department undertook consultation with Penrith City Council (‘Council’). Council recommended that the land be investigated for rezoning through a SEPP amendment process to be led by the Department. On 24 June 2015 the Department wrote to the proponent advising that it supported Council's advice on the matter and would proceed with a SEPP amendment rezoning process.

Throughout this process and in response to exhibition of the rezoning package, Transport for NSW, formally known as Roads and Maritime Services (‘RMS’), identified the requirement for a 20m wide strip (approximately 1.37 hectares) of the site’s eastern boundary. This portion of the site adjoined Mamre Road and was required to be zoned SP2 for future acquisition as part of the planned Mamre Road widening. The portion of proposed road widening is shown below:

Given the above, it was agreed between the DOP and RMS that the proposed road widening would be acquired from Special Infrastructure Contributions (SIC) attributable to the land and this would be documented in a Voluntary Planning Agreement (VPA) between Altis and the Minister for Planning and Public.

The VPA was executed on the 27 June 2016 and then further amended on the 13 February 2020 by both parties to contain an appropriate clause to describe the methods for dedication of the Land. This clause provided that:

(a) The Developer must dedicate or transfer the Mamre Road Land to RMS, or other appropriate roads authority nominated by the Minister, at its own cost;

(b) The Land may be dedicated or transferred in either of the following ways:

(i) with the prior written agreement of RMS, by the registration of a plan of subdivision or other plan that bears a statement of intention to dedicate the Mamre Road Land as a public road, as provided for in section 9 of the Roads Act 1993; or

(ii) by the registration of a plan of subdivision that creates a separate lot for the Mamre Road Land and the subsequent transfer of that Land to RMS or other appropriate roads authority nominated by the Minister.

The proposed wide widening was subsequently defined as lot 4 in DP271141 as shown in appendix 1. However given the registration was a community plan, it did not bear the intention to dedicate the land as a public road under section 9 of the Roads Act 1993.

Accordingly, to facilitate this dedication, either the developer must prepare and register a new plan of subdivision with the intention to dedicate the road or transfer this land to a nominated roads authority, being Transport for NSW (RMS) or Council who will then need to gazette lot 4 as public road.

Current Situation

On the 1 April 2020, Altis has approached Council requesting Council accept the transfer of the lot 4 for public road purposes in accordance with the VPA at nil cost.

Whilst Council is not a party to the VPA, as a roads authority under the Roads Act 1993 it can accept the transfer of the allotment and subsequently gazette the land as public road. However, this requires the resolution of the Council to accept the transfer.

Alternatively, Altis has been advised they may lodge a subdivision plan with Council, and a subdivision certificate could be issued for the creation of the parcel as a road on the basis that the State development consent approved of the parcel as road. Altis with the support of the Department have indicated the preferred option is for a subsequent transfer to Council and have requested Council’s acceptance.

The request was referred to Council’s Engineering Services Department with the transfer of Lot 4 supported by the Director – Development and Regulatory Services. If Council resolves to accept the transfer; following transfer a notification will be placed in the NSW Government Gazette dedicating Lot 4 as public road.

Council will be responsible for maintenance until such time that the road is constructed as part of TfNSW future road widening. At this point it will be incorporated into Mamre Road as a State Road and be the responsibility of TfNSW.

Financial Implications

The VPA was executed on the 27 June 2016 and then further amended on the 13 February 2020 to include a clause whereby the developer will be required to meet all Council’s costs associated with the transfer of Lot 4 DP271141 and subsequently gazettal as a public road. Council will however be responsible for maintenance until such time as the road is constructed as part of TfNSW planned Mamre Road widening. At this point it will be incorporated into Mamre Road as a State Road, and then be the responsibility of TfNSW.

Risk Implications

The transfer of the proposed lot 4 is considered low risk for Council.

There is potential reputational risk should Council not accept the transfer with potential delays and financial implications for the developer Altis who has $5,000,000 in development guarantees currently held by the Department. The Department has additionally indicated its preference for Council to accept the transfer.

Conclusion

The proposed transfer of Lot 4 DP271141 has been recommended to be supported for public road purposes in accordance with the provisions listed with the VPA. Should Council resolve to accept the transfer, Altis will be required to meet all Council’s associated costs to complete the transfer.

RECOMMENDATION

That:

1. The information contained in the report on Transfer of Lot 4 DP 271141 to Council for Public Road Purposes be received

2. Council accept the transfer of Lot 4 DP271141 on the terms and conditions listed within the report.

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

ATTACHMENTS/APPENDICES

1. ⇩

Registered Plan - Lot 4 DP 271141

1 Page

Appendix

Ordinary Meeting 27 July 2020

RFT19/20-43 Roof Sheeting and Ancillary Works - 6 Peachtree Road, Penrith

Compiled by: Ashleigh Ferry, Property Management 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	Realise the potential of land and property assets by focusing on operational and commercial sustainability of Council’s Property Portfolio

Executive Summary

RFT 19/20-43 was open from 21 May 2020 – 10 June 2020, seeking suitable contractors for roof sheeting and ancillary works for 6 Peachtree Road, Penrith, currently occupied by commercial tenant, World Gym. The works include the complete removal and replacement of roof sheeting and guttering.

The intention of the works is to replace the existing roof and guttering that is currently aged, in poor condition, and experiencing significant water entry in rain events. The proposed roof sheeting will be able to support the installation of solar panel should they be proposed in the future.

This report outlines the outcome of the tender process and recommends the appointment of Reld Group Pty Ltd for a lump sum contract of $173,984.80 excluding GST.

Background

Council’s Property Development Department engaged with Evolve Projects in March 2020 to conduct a roof condition audit of World Gym at 6 Peachtree Road, Penrith, for the purpose of determining the current condition, useful life and recommendation on roof restoration or replacement requirements.

The assessment determined that the building roof has an estimated useful life of 0-5 years subject to immediate preventative maintenance needing to take place. This overall recommendation was for a complete replacement of roof sheeting and guttering to prevent further damage to the building, due to the high volumes of water ingress in rain events.

The proposed replacement scope as outlined in the tender includes a heavier gauge roof sheet in comparison to the existing sheeting to facilitate future solar panel installation in line with Council’s Buildings Policy which is to incorporate sustainability principals into the design, construction, refurbishment and ongoing management of Council buildings.

The Evaluation Panel

The Tender Evaluation Panel (TEP) consisted of:

Nathan Ritchie - Property Development Manager (Chair);

Ashleigh Ferry – Property Management Officer, Property Development; and

Julie Connell - Program Manager, Property Development.

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

Brian Rowston – Evolve Projects (NSW) Pty Limited, has been appointed as the Independent Committee Member for this project. Mr Rowston had undertaken detail site inspections and prepared the Building Condition Audit Report. Mr Rowston also assisted with the Tender Scope and will act as the independent Site Supervisor for the duration of the works.

The Evaluation Process

Council received nineteen (19) complete tenders, listed below in price order:

Company	Tendered Price (GST Exclusive)	Company Location	Directors
Force Roofing Specialists Pty Limited T/A Force Roofing Specialists Pty Limited	$ 143,844.00	Milperra, NSW 2212	Lee Donovan
Reld Group Pty Ltd	$ 173,984.80	Mortlake, NSW 2137	Elie Esber Reuben Lagos
Rayzor Roofing and Plumbing Pty Ltd T/A Rayzor Roofing and Plumbing Pty Ltd (Rayzor Roofing)	$ 196,575.00	Rochester, VIC 3561	Raymond George
Maico Property Services Pty Limited	$ 201,286.50	Seven Hills, NSW 2147	Lyndon James Stafford
Paynter Dixon Constructions Pty Limited	$ 204,934.40	North Ryde, NSW 2113	James Francis Boyd Gregory Graham Howard Michael Maged Malak John Francis McMellan William Charles Morgan Stephen Maxwell Wainwright
Versabuild Pty Limited T/A Versabuild Pty Ltd	$ 207,300.00	Horsley Park, NSW 2175	Tony Trimboli
Cranebrook Constructions	$ 219,538.00	Cranebrook, NSW 2749	Phillip McNamara
Murphys Remedial Builders Pty Ltd 95	$ 223,018.30	Redfern, NSW 2016	Mark Murphy
Aria DDC Projects Pty Limited	$ 238,997.00	Pennant Hills, NSW 2120	Steve Vodjdani James Vodjdani Amy Vodjdani
Tradecom Group Pty Ltd T/A Tradecom Construction Pty Ltd (360 Tradecom)	$ 279,404.50	Penrith, NSW 2750	Warren David Bale Mansour Youssef
Sassan Vodjdani Pty Limited T/A Royal Contractors	$ 281,215.00	Castle Hill, NSW 2154	Sassan Vodjdani
Avant Constructions Pty Ltd	$ 285,000.00	Glendenning NSW, 2148	John D'Urso Tony D'Urso
Gordon Home Improvements Pty Ltd T/A Gordon Home Improvements Pty Ltd (Office)	$ 297,336.00	Canley Heights, NSW 2166	Iv Pou
Faisal T/A Safari Homes Pty Ltd (Director)	$ 331,650.00	Bella Vista, NSW 2153	Faisal Ur Rehman
Austfield Pty Ltd	$ 336,000.00	Bella Vista, NSW 2153	Anwar Menashi
Lennox Constructions Pty Ltd	$ 343,700.00	Galston, NSW 2159	Masoud Shahfazli
Modern Building Solutions Pty Ltd T/A Modern Building Solutions	$ 346,288.00	Colebee, NSW 2761	Mateusz Kaminski
Millennium Carpentry Services Pty. Limited	$ 411,809.00	Alexandria, NSW 2015	Dermot McGrath Aidan Conrecode
Rogers Construction Group Pty Ltd	$ 416,304.20	Riverstone, NSW 2765	Mitchell Rogers Ben Kavo

The evaluation criteria used to assess submissions is outlined below:

· Tenderer Profile

· Conformance, Acceptance and Declaration

· Completion of Forms

· Compliance Statement

· Demonstrated Ability

· Works Method and Program

· Financials

· Employment Policies

· Local Business Preference Policy - Suppliers and Contractors

· Work Health & Safety

Tenders from all nineteen (19) companies were considered for assessment using Apet360 software to provide a conformance ranking with the evaluation criteria. Based on the evaluation of non-price criteria, a shortlist of four (4) companies were identified, that all demonstrated relevant experience, project appreciation, a high-quality sub-consultancy team and strong management systems:

1. Reld Group Pty Ltd

2. Rayzor Roofing and Plumbing Pty Ltd

3. Maico Property Services Pty Limited

4. Aria DDC Projects Pty Limited

The lowest priced tender received from Force Roofing Specialists Pty Limited T/A Force Roofing Specialists Pty Limited was not included in the short list as the initial assessment determined that a number of omissions, variances and discrepancies were included in their submission and as a result the submission was not considered further.

The Tender Evaluation Panel then met on 16 June 2020, facilitated by the Tender Administrator, Laura Stott, to discuss the qualitative scoring outcomes, with consideration of a detailed assessment, clarifications and assumptions.

Following a detailed assessment, clarifications and assumptions, the tender evaluation committee is satisfied that Reld Group Pty Ltd have demonstrated capability in handling projects of similar scale and nature. Reld Group Pty Ltd submitted the lowest price from the shortlisted tenders and scored very highly in the non-price evaluation

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 Andrew Moore Director Corporate Services, Glenn McCarthy - Governance Manager and Neil Farquharson – Financial Services Manager were briefed by Council’s Property Development team about the background and the process followed.

The TAG considered the recommendations in relation to the tender for the replacement of the existing roof and guttering to 6 Peachtree Road, Penrith noting that Reld Group Pty Ltd demonstrated their ability to meet Council’s requirements and their proposal was considered overall to be the most advantageous to Council. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Financial Implications

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

Funding for the removal and replacement of roof sheeting and guttering is provided in the 2020-21 Property Development Budget which is within the proposed budget for costs associated with repairs and renewal projects at this site. The complete replacement of roof sheeting and guttering will prevent further damage to the building due to the high volume of water ingress during rain events, thus enhancing asset value while reducing ongoing maintenance costs.

Risk Implications

Council purchased the premises in September 2019. Prior to purchase, due diligence was conducted that indicated the buildings current condition. The determined market value range and final purchase price was reflective of this condition and these anticipated works.

The tender process outlined in this report includes controls regarding probity and ensuring value for Council, overseen by the Tender Advisory Group. Evolve Projects Pty Ltd will act as the independent site supervisor for the duration of the works. The works will be undertaken in accordance with relevant Work Health & Safety Legislation and systems.

Conclusion

The Tender Evaluation Panel is of the opinion that Reld Group Pty Ltd provided the most valuable tender and demonstrated significant experience to complete projects of a similar nature. It is recommended that Reld Group Pty Ltd be awarded the contract for a contract sum of $173,984.80 excluding GST.

RECOMMENDATION

That:

1. The information contained in the report on RFT19/20-43 Roof Sheeting and Ancillary Works - 6 Peachtree Road, Penrith be received.

2. The proposal and lump sum price from Reld Group Pty Ltd for the amount of $173,984.80 excluding GST be accepted for the roof sheeting and ancillary works at 6 Peachtree Road, Penrith.

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

ATTACHMENTS/APPENDICES

1. ⇩

Aerial - RFT19/20-43 Roof Sheeting and Ancillary Works - 6 Peachtree Road, Penrith

1 Page

Appendix

Ordinary Meeting 27 July 2020

Local Government NSW Annual Conference 2020

Compiled by: Sasha Sultana, Governance Support Officer

Adam Beggs, Governance Coordinator

Authorised by: Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer

Outcome	We have confidence in our Council
Strategy	Keep our community informed about what Council is doing and how they can have their say in decisions that affect them
Service Activity	Participate in reviews and forums and make submissions that affect the community in respect to local government governance

Executive Summary

Local Government NSW (LGNSW) will hold its Annual Conference at The Crowne Plaza Hunter Valley, Lovedale from 22-24 November 2020.

Council is entitled to nominate up to (9) Councillors as voting delegates for motions to attend the Conference, as well as including other Councillors as observers.

This report recommends that Council nominate nine (9) voting delegates for motions and any observers to attend the Local Government Association’s annual policy making conference to be held at The Crowne Plaza Hunter Valley, Lovedale from 22-24 November 2020.

It is Council’s practice to sponsor up to three observers chosen by the Deerubbin Local Aboriginal Land Council (LALC) to attend the Conference.

Background

Local Government NSW (LGNSW) will hold its Annual Conference at The Crowne Plaza Hunter Valley, Lovedale from 22-24 November 2020.

Over the years, Council has been very successful at influencing the development of state-wide local government policy, particularly in the areas of planning, the environment, community planning, fire and emergency services, roads and transport and rating policy.

Voting Delegates

It is the Council’s usual practice at this time to nominate its delegates to represent Penrith City Council at the upcoming Conference. Local Government NSW has advised that the premise for determining voting entitlements is based on the total number of votes in the rural/regional areas totalling the same number of votes in the metro/urban areas. As there are more rural/regional councils a calculation needs to be conducted to ensure that the number of votes is balanced. Council’s final voting entitlement for the Conference is nine (9) with respect to motions. Nominations of voting delegates must be made by 12 noon (AEDT) on Tuesday 3 November 2020.

Other Delegates and Observers

In past years, a number of Councillors from Penrith City Council have also represented either the Executive of the former Local Government Association or other industry organisations such as the Hawkesbury River County Council, in addition to this. Council has also included Councillors as observers to the Conference in addition to its voting delegates.

As the NSW Aboriginal Land Council is a member of Local Government NSW in its own right, it is entitled to select nine (9) delegates to attend the 2020 Local Government NSW Conference. The network of 121 Local Aboriginal Land Councils (LALCs) is divided into nine Regions and the Deerubbin Local Aboriginal Land Council is one of eleven LALCs contained within the Sydney/Newcastle Region.

The process for selecting the 9 delegates is entirely up to the NSW Aboriginal Land Council and, at this stage, it is not certain how many delegates (if any) will be selected to attend the Conference from the Deerubbin LALC. Council has previously resolved to make provision to sponsor up to three (3) observers from the Deerubbin LALC pending the outcome of the selection process for the nine (9) Aboriginal Land Council delegates.

Submission of Motions

Councils have been advised that for a motion to be included in the Business Paper that they must meet the following guidelines:

1. Are consistent with the objects of the Association;

2. Relate to Local Government in NSW and/or across Australia;

3. Concern or are likely to concern Local Government as a sector;

4. Seek to advance the Local Government Policy agenda of the Association and/or improve the governance of the Association;

5. Have a lawful purpose;

6. Are clearly worded and unambiguous in nature; and

7. Do not express preference for one or several members over one or several other members.

It is important to note that the Board will not include motions in the Business Paper which do not advance the local government policy agenda. Therefore, a motion will not be included if it is operational, rather than strategic; not local government business; focused on a local issue only or if the motion is inconsistent with past policies and actions of LGNSW or the Local Government and Shires Association.

Accordingly, Council’s motions should relate to issues which are causing concern to the Council and/or the community. The motions should also suggest an appropriate solution by including either a motion which could be considered by the Conference or notes which might guide delegates to an agreed position.

Local Government NSW has advised that the submission of Council’s motions and any accompanying notes or motions for consideration at the Conference must be completed by 12 midnight (AEST) on Monday 28 September 2020.

Councillors are welcome to suggest any proposed motions for development at this meeting, and in addition to this meeting a further report will be brought to a meeting in August to formally adopt any council motions for consideration by the LGNSW Board.

Financial Implications

Funding participation to the Local Government NSW Annual Conference 2020 has been established into the 2020/21 Operational Budget.

Risk Implications

There are no specific risks associated with attendance at the Local Government NSW Annual Conference.

Covid-19 Precautions

LGNSW has advised that the conference will be following the government guidelines on safe events and social distancing, noting that this can change in the future. LGNSW conference organisers will be following hygiene practices by cleaning surfaces, arranging seating, overseeing food preparation and transport, as well as medical assistance as required.

Council staff will continue to monitor all available government advice and will keep councillors up to date with any changes that may impact attendance at the conference.

Conclusion

Council has been successful in influencing State Association policy through its involvement in past Conferences. The Delivery Program for 2017-21 identifies Council’s role in monitoring the impact of emerging policies and seeking to influence State and Federal Governments through a strong advocacy role. Council’s attendance and involvement at the Local Government NSW Conference is one of the activities that contribute to achieving these delivery actions.

RECOMMENDATION

That:

1. The information contained in the report on Local Government NSW Annual Conference 2020 be received.

2. Council nominate nine (9) Councillors as its voting delegates for motions to attend the 2020 LG NSW Conference being held at The Crowne Plaza Hunter Valley, Lovedale from 22-24 November 2020.

3. Council give consideration to the nomination of observers to attend the 2020 LGNSW Conference.

4. Leave of absence be granted as appropriate for those Councillors attending the conference.

5. Council sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2020 Local Government NSW Conference.

ATTACHMENTS/APPENDICES

1. ⇩

Draft Program - Local Government NSW Annual Conference 2020

2 Pages

Appendix

Ordinary Meeting 27 July 2020

Penrith Valley Regional Sports Centre (PVRSC) Loan Application Guarantor Arrangement

Compiled by: Cheryl Freeburn, Operational Finance Coordinator

Authorised by: Neil Farquharson, Financial Services Manager

Andrew Moore, Director - Corporate Services

Outcome	We have confidence in our Council
Strategy	Manage our money and our assets to be sustainable now and into the future
Service Activity	Provide accurate information to Council and the community on council’s financial activities

Executive Summary

This report is to advise Council of a request from the Penrith Valley Regional Sports Centre (PVRSC) for Council to provide a guarantee for a new loan to facilitate the refinancing of existing loan and to complete additional building works.

Council Officers have considered the new request from the PVRSC and reviewed their most recent financial statements and consider it appropriate to provide a guarantee for the new $500,000 loan over a term of 10 years.

Background

Penrith Valley Regional Sports Centre (PVRSC) is located on Council land at Herbert Street, Cambridge Park. The land is leased from Council on a 99-year lease with the building being owned by PVRSC.

Council agreed to a request from the PVRSC to act as guarantor for loan borrowings of up to $2 million dollars in June 1998. This loan was for the provision of an indoor two court extension and complementary services to the facility. These building works were completed in February 1999. A further extension to the loan was guaranteed by Council in June 2000 to provide kitchen facilities and develop the upstairs clubroom.

In December 2000 Council agreed to a request to extend the term of the original loan by 5 years with the amended expiry date of the loan being December 2013.

In 2013 the PVRSC put forward a request for Council to provide a letter of guarantee for a new loan with Westpac Banking Corporation. This loan of approximately $450,000 was taken over a term of 7 years and in 2014 further extended with a guarantee from Council by another $221,000. The current loan was due to be finalised this year with a remaining balance of approximately $40,000.

Current Situation

The PVRSC advocated and received $1.2 million in Federal grant money during the last election as a commitment from the Federal Government. These works are well underway, however as a result of the investigative works, new non-compliant findings and structural repair items within the site have been identified and the provisional sums or the identified works have increased. In addition, some external items on the land are being found and reports are being provided to Council on these items.

The PVRSC wants to ensure the opportunity is taken while the Centre is closed to complete and repair as much of these items as possible and prior to COVID-19, had already committed approximately $130,000 to the works in 2019-20.

The PVRSC have lodged an application to borrow $500,000 to complete all the works identified and refinance the remaining $40,000 owing on the existing loan which was due to be finalised this year and continue completing any other non-compliant items that the borrowing may allow.

The works identified, at this stage total approximately $380,000 above the grant funding, however these estimated continue to be refined as investigations progress.

The PVRSC have acknowledged Council’s support in the past as being listed as guarantor for the loans. The PVRSC payment history has shown that they have always met commitments, but without the guarantor, the loans would not have been possible. The PVRSC is now seeking Council’s support for this guarantor arrangement.

The loan product currently being offered through Westpac Banking Corporation is as follows:

• Business Loan: $500,000

• Establishment fee $820 + .6% on anything above $100,000

• Monthly fee $40.00

• Rate 3.66 % variable

• Term: 10 years

The PVRSC have indicated a term of 10 years to navigate a post COVID-19 pandemic return but are hopeful to reduce this length in the future.

Council officers have reviewed the current financial statements provided by the PVRSC and given the current repayment history in relation to the current loan it is considered that the PVRSC has the capacity to service the new loan and have considered the stage return to operations in their cashflow projects.

Should Council be of a mind to provide the guarantee, Council Officers will work with the PVRSC to explore financing options.

Financial Implications

There are no direct current or ongoing costs to Council associated with this proposal. PVRSC maintains all the financial risk implications associated with the building works and the terms and conditions of the Westpac loan. Should the Council resolve to provide a letter of guarantee to the PVRSC then the Council takes on all the financial risks associated with being a Guarantor should the PVRSC not meet its commitments.

Risk Implications

PVRSC maintains the risk implications associated with the building works and the terms and conditions of the Westpac loan. Should the Council resolve to provide a letter of guarantee to the PVRSC then the Council takes on all the risks associated with being a Guarantor. The current offer provides for a variable rate and repayment period to mitigate interest rate risk into the future.

Conclusion

A request from the Penrith Valley Regional Sports Stadium for Council to provide a letter of guarantee for a loan with Westpac Banking Corporation has been received. The PVRSC loan required by PVRSC enables them to complete building works.

Council Officers have considered the request from the PVRSC, have reviewed their most

recent financial statements and consider it appropriate, should Council agree, to provide a guarantee for the new $500,000 loan over a term of 10 years.

RECOMMENDATION

That:

1. The information contained in the report on Penrith Valley Regional Sports Centre (PVRSC) Loan Application Guarantor Arrangement be received.

2. Council approve the request to provide a letter of guarantee to the Penrith Valley Regional Sports Centre for the new loan to a maximum amount of $500,000 over a maximum term of 10 years, and

3. The Common Seal of the Council of the City of Penrith be affixed to those

documents that are necessary to finalise Council being Guarantor for the

Penrith Valley Regional Sports Centre borrowings as outlined in this report.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 27 July 2020

Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2020-2021

Compiled by: Avanthi Fernando, Governance Officer

Adam Beggs, Governance Coordinator

Authorised by: Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer

Outcome	We have confidence in our Council
Strategy	Be open and fair in our decisions and our dealings with people
Service Activity	Promote ethical behaviour through awareness and advice and manage investigations of alleged corruption, maladministration or breaches of the Code of Conduct

Executive Summary

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

Section 241 of the LG Act provides for the Tribunal to determine not later than 1 May in each year, the maximum and minimum amount of fees to be paid to Mayors and Councillors of Councils. This year due to COVID-19 pandemic the time to make a determination was extended to no later than 1 July 2020.

In determining these fees, the Tribunal is required to give effect to the same policies on increases in remuneration as those of the Industrial Relations Commission (s242A(1) of the Local Government Act 1993). The public sector policy on wages is such that Mayors and Councillors will be restricted to no more than 2.5% per annum.

This year the Tribunal has undertaken a review of categories and allocation of Councils into each of the categories. The Tribunal has examined a range of statistical and demographic data while considering the submissions by a number of Councils and Local Government NSW. However, the Tribunal has determined to retain the current categories for the Metropolitan group. As a result, Penrith City Council will remain a ‘Metropolitan Large’ Council.

With regard to fees payable to Mayors and Councillors in NSW, the Tribunal has determined that this year there will be no increase in the minimum and maximum fees applicable to each category having regard to the current social and economic circumstances.

Background

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

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

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

In 2017 the Tribunal determined to re-title the three Metropolitan categories and as a result, Penrith City Council was given the title of ‘Metropolitan Large’. Metropolitan Large Councils ‘typically have a minimum population of 200,000’. Council has maintained this category since 2017.

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

Current 2020 Review

In October 2019, the Tribunal wrote to the Mayor and General Manager advising that the 2020 annual determination review process has commenced and invited Councils to make submissions with respect to categorisation structure, fees and other matters.

Local Government Remuneration Tribunal Determination for 2020-2021

On 10 June 2020, the Tribunal released its report and determination on the fees to be paid to Mayors and Councillors for the period 1 July 2020 to 30 June 2021. A full copy of the Tribunal’s annual report is attached to this report.

Considering the current economic and social circumstances, the Tribunal has determined that this year there will be no increase in the minimum and maximum fees payable to Mayors and Councillors in NSW. This is applicable to each existing category.

With regard to changes to the categories and criteria for Metropolitan Councils, the Tribunal has determined that the current categories are appropriate, and while some changes for criteria population were amended this did not impact on Council’s category.

Council’s Submission

Council officers prepared a strong submission to the Remuneration Tribunal earlier this year in relation to the setting of fees and the categorisation of Penrith City Council. Council’s submission reiterated our position that a new category called Metropolitan Large – Growth Centre should be created, due to Council’s exponential population growth, involvement in significant city-shaping projects and other initiatives. The submission also suggested that Council’s claim to a new Metropolitan Large – Growth Centre category would be enhanced due to the Western Sydney City Deal, which further demonstrates the exponential growth that has and is expected to occur in the Penrith local government area.

In this year’s submission, Council supported the full allowable increase of 2.5 per cent being passed on when determining the fees for Mayors and Councillors. Also, as in previous years, Council put forward that Mayors and Councillors should be remunerated as a percentage of a MP’s remuneration. The Tribunal has acknowledged and has considered these suggestions, however the impact of bushfires and the effects of the COVID-19 pandemic on NSW have influenced the Tribunal’s decision regarding the annual increase. As a result, the Tribunal has determined that this year there will be no increase in the minimum and maximum fees payable to Mayors and Councillors in NSW and they would remain as set last year.

Mayor and Councillor Fees for 2020-2021

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

In respect of the Deputy Mayor, the Council’s policy states “Council will determine annually the fee paid to the Deputy Mayor in accordance with section 249 (5) of the Local Government Act 1993. This fee, which is to be deducted from the Mayor’s fee, is in addition to the Councillor’s fee”.

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

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

Councillor Annual Fee – Minimum $18,430 & Maximum $30,410

Mayor Additional Fee – Minimum $39,160 & Maximum $88,600

*This fee must be paid in addition to the Mayor as a Councillor (s249(2)).

Financial Implications

It has been the Council’s practice to remunerate Councillors at the maximum fee level available within the Category applicable. The 2020-21 Operational Plan includes provision for Councillor fees based on this practice continuing.

Risk Implications

There are no risk implications specifically associated with the action proposed within this report.

Conclusion

In light of the determination by the Tribunal to maintain the fees from 2019 and Council’s practice to remunerate Councillors at the maximum fee level, it is recommended that the fees payable to the Mayor and Councillors for 2020-21 be set at the maximum level determined.

RECOMMENDATION

That:

1. The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2020-2021 be received

2. The fees payable to the Mayor and Councillors for 2020-21 be set at the maximum level permitted.

ATTACHMENTS/APPENDICES

1. ⇩

Local Government Remuneration Tribunal - 2020 Annual Report and Determination

24 Pages

Attachments Included

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

Description	Size (approx.)
Consolidated Operational Land parcel for future divestment	5,250.9m2
Encroachment over Glossop Street To be dedicated to the Public as Public Road	165.6m2
Land required for verge to the north of the culdesac To be dedicated to the Public as Public Road	30.2m2

1. ⇩	Deposited Plan 747153	2 Pages	Appendix
2. ⇩	Site Plan of 128 Andrews Road	1 Page	Appendix
3. ⇩	Variation to Easement document	3 Pages	Appendix