Council_Mark_POS_RGB

25 November 2020

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City is to be held remotely using audio visual links and audio streamed on the Council website on Monday 30 November 2020 at 7:00PM.

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

Yours faithfully

 

Warwick Winn

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 26 October 2020.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING COUNCIL

6.           MAYORAL MINUTES

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Access Committee Meeting - 14 October 2020.

Heritage Advisory Committee Meeting - 21 October 2020.

Local Traffic Committee Meeting - 2 November 2020.

Policy Review Committee Meeting - 9 November 2020.

Resilience Committee Meeting - 18 November 2020.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 30 November 2020

 

table of contents

 

 

 

 

 

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

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

 

 

 

 

 

 

Statement of Recognition of

Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage

 

 

Council values the unique status of Aboriginal people as the original owners and custodians of lands and waters, including the land and waters of Penrith City.

 

Council values the unique status of Torres Strait Islander people as the original owners and custodians of the Torres Strait Islands and surrounding waters.

 

We work together for a united Australia and City that respects this land of ours, that values the diversity of Aboriginal and Torres Strait Islander cultural heritage, and provides justice and equity for all.

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

“Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life.  We come together as representatives of our community to make decisions that will benefit this city and the people within it. 

 

We come not in a spirit of competition, not as adversaries, but as colleagues.  Help us to treat each other with respect, with dignity, with interest and with honesty.  Help us not just to hear the words we say, but also to hear each others hearts.  We seek to be wise in all that we say and do.

 

As we meet, our concern is for this city.  Grant us wisdom, courage and strength.

 

Lord, help us.  We pray this in the name of Jesus Christ our Lord.  Amen.”

 

 

 

 

 



Oath of Office

 

I swear that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

 

 

Affirmation of Office

 

I solemnly and sincerely declare and affirm that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

 

 

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

 

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

 

 

Local Government Act 1993, Section 233A

 


Council_Mark_POS_RGB2020 MEETING CALENDAR

January 2020 - December 2020

(adopted by Council - 25 November 2019 & amended - 25 March 2020, 3 June 2020 & 28 September 2020)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.00pm

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

24@

23

27v

25#

22*

27

24@

  28^ü

26

30#+

14

Policy Review Committee

7.00pm

 

10

 

 

 

 

 

10

 

 

9

7

 

 

 v

Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are endorsed for exhibition

 *

Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are adopted

 #

Meetings at which the Operational Plan quarterly reviews (March and September) are presented

 @

Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for December and June) are presented

 ^

Election of Mayor/Deputy Mayor

 ü

Meeting at which the 2019- 2020 Annual Statements are presented

 

Meeting at which any comments on the 2019-2020 Annual Statements are adopted

 +

Meeting at which the Annual Report is presented

 

 

-            Extraordinary Meetings are held as required;

-            Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).

Should you wish to address Council, please contact Governance Coordinator, Adam Beggs on 4732 7597.

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD REMOTELY USING AUDIO VISUAL LINKS AND AUDIO STREAMED ON THE COUNCIL WEBSITE ON MONDAY 26 OCTOBER 2020 AT 7:03PM

WEBCASTING STATEMENT

Her Worship the Mayor, Councillor Karen McKeown OAM read a statement advising that Council Meetings are recorded and webcast.

 

STATEMENT OF RECOGNITION

Her Worship the Mayor, Councillor Karen McKeown OAM read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

 

PRAYER

The Council Prayer was read by Glenn McCarthy, Governance Manager.

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was granted to Councillor Jim Aitken OAM for the period 26 October 2020 to 9 November 2020 inclusive.

Leave of Absence was granted to Councillor Kath Presdee for 26 October 2020. 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 28 September 2020

216  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Aaron Duke that the minutes of the Ordinary Meeting of 28 September 2020 be confirmed, with an amendment to Minute 211 Item 21 – Penrith Valley Regional Sports Centre – Request for Funding, to include:

 

           “6. Penrith Valley Regional Sports Centre present at a future Councillor Briefing.”

 

 

DECLARATIONS OF INTEREST

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less then Significant in Item 3 – Draft Aerotropolis Development Contributions Plan, Item 6 – Draft Mamre Road Development Contributions Plan, Item 8 – Transport for NSW – Emu Plains At-Grade Commuter Car Park, Item 12 – Acceptance of Grant Funding – NSW Environmental Protection Authority, Local Council Transition of Recovering Further Organics and Item 14 – NSW Government Grants – Everyone can Play Project Nominations, as he is an employee for the Minister for Sport. Councillor Bernard Bratusa stated that he would still take part in the debate and voting on these items.

 

Councillor Bernard Bratusa also declared a Non-Pecuniary Conflict of Interest – Significant in Item 10 – RFT20/21-07 Leonay Oval Amenities, as he is an employee for the Minister for Sport and his role is involved in election commitments. Councillor Bernard Bratusa stated that he would leave the meeting during consideration of this item.

 

Councillor Robin Cook declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 14 – NSW Government Grants – Everyone can Play – Project Nominations, as her family member lives on a street located near one of the upgraded playgrounds.

 

SUSPENSION OF STANDING ORDERS

217  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Marcus Cornish that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:09pm.

 

 

Mario Pace

 

Notice of Motion – Item 2 – Intersection of Llandilo Road and Richmond Road

 

A Council staff member read out Mr Mario Pace’s application to address the Ordinary Meeting and outlined his reason for supporting the motion as follows:

 

Mr Pace expressed his support in relation to the installation of traffic lights at the intersection of Llandilo Road and Richmond Road and highlighted his concerns regarding the lack of safety at the intersection, due to the high traffic congestion, and 80km/hr speed limit which has caused numerous road accidents. He also expressed his concerns regarding the difficulty to access Richmond Road via Llandilo Road, which results in motorists and heavy vehicles alternatively travelling along the rural roads through Berkshire Park, which negatively impacts upon the condition of the roads and the safety of pedestrians. 

 

RESUMPTION OF STANDING ORDERS

218  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that Standing Orders be resumed, the time being 7:12pm.

 

 

Mayoral Minutes

 

1        Acknowledgement of Penrith Panthers 2020 Season                           

219  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that the Mayoral Minute on Acknowledgement of Penrith Panthers 2020 Season be received.

 


 

 

2        Passing of Greg Speed OAM                                                                   

220  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Kevin Crameri OAM that the Mayoral Minute on Passing of Greg Speed OAM be received.

 

 

Notices of Motion

 

1        83 McNaughton Street, Jamisontown                                                     

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

 

That:

 

1.    Now the appeal on  83  Mc Naughton St, Jamisontown has been withdrawn that Councillor Kevin Crameri’s previous request be reinstated to provide an urgent full Committee of the Whole report to Council on this matter which includes the total letters and photographs emailed to councillors and comments on all points raised by the lady when the DCP was discussed.

 

2.    Information be provided on why it took so long for the fact that it was in the wrong court to be raised.

 

 

2        Intersection of Llandilo and Richmond Road                                        

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

 

That:

 

1.    Council petition State and Federal Members to get traffic lights at the intersection of Llandilo Road and Richmond Road.

 

2.    Councillors receive monthly updates via the Councillor Bulletin on the progress of Council’s advocacy with the State and Federal members.

 

 

3        Funding for Roundabout at 3rd and 8th Avenue, Llandilo                   

223  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that Council take advantage of the climate at the moment and push for funding for a roundabout for 8th and 3rd Avenue Llandilo, this would eliminate the dangerous intersection with 3 stop signs this would also stop the rat running of cars using local rural roads and hopefully get traffic back on the designated road.

 

 


 

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 12 October 2020                                                            

224  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Robin Cook that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 12 October, 2020 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        David King Memorial Award - Max Friend                                              

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

That:

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

2.     Mr Max Friend be awarded the first David King Memorial Award in a ceremony at Penrith City Council when he is presented with the David King Memorial shield.

 

2        Works on Private Land - Lot1 DP805951 - 479 High Street, Penrith   

226  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on Works on Private Land - Lot1 DP805951 - 479 High Street, Penrith be received

2.     No further action be taken in relation to this matter to reflect the wishes of the property owner who no longer gives their consent to having a mural installed on the rear facade of their building as part of ReAnimate Penrith 2020.

 

 

Outcome 2 - We plan for our future growth

 

3        Draft Aerotropolis Development Contributions Plan                            

A MOTION was moved by Councillor Kevin Crameri OAM seconded Councillor Robin Cook

That:

1.     The information contained in the report on Draft Aerotropolis Development Contributions Plan be received.

2.     Council endorse the draft Section 7.12 Plan Development Contributions Plan for the Aerotropolis with an indicative levy rate of 6.5% and the associated background report for public exhibition.

3.     The plan be exhibited in accordance with the Environmental Planning & Assessment Act, 1979 and Regulations for a minimum of 28 days.

4.     A copy of the draft plan and background report be forwarded to the Minister for Planning and Public Places to commence the process of seeking Ministerial approval to make the plan.

 

5.     At the conclusion of the exhibition period, a further report is provided to Council on the submissions received during the exhibition period.

6.     Penrith Citywide s7.12 Development Contributions Plan for non- residential development be amended to no longer apply to the Aerotropolis, and that this amendment is publicly exhibited in accordance with the Environmental Planning & Assessment Act, 1979 and Regulations.

7.     After the exhibition of an amended Penrith Citywide s7.12 Development Contributions Plan for non-residential development, which removes the Aerotropolis from applying to Plan, that delegation is provided to the General Manager to finalise and make this amendment, in accordance with the Environmental Planning & Assessment Act, 1979 and Regulations.

8.     Where Liverpool City Council does not resolve to exhibit the joint s7.12 Plan, that Council proceed to exhibit an amended s7.12 contributions plan for the Aerotropolis, applicable to Penrith Local Government Area only and a copy of this would be forwarded to the Minister for Planning and Public Spaces.

227  An AMENDMENT was moved by Councillor Greg Davies seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Draft Aerotropolis Development Contributions Plan be received.

2.     Council endorse the draft Section 7.12 Plan Development Contributions Plan for the Aerotropolis with a levy rate of 6.5% and the associated background report for public exhibition.

3.     The plan be exhibited in accordance with the Environmental Planning & Assessment Act, 1979 and Regulations for a minimum of 28 days.

4.     A copy of the draft plan and background report be forwarded to the Minister for Planning and Public Places to commence the process of seeking Ministerial approval to make the plan.

 

5.     At the conclusion of the exhibition period, a further report is provided to Council on the submissions received during the exhibition period.

6.     Penrith Citywide s7.12 Development Contributions Plan for non- residential development be amended to no longer apply to the Aerotropolis, and that this amendment is publicly exhibited in accordance with the Environmental Planning & Assessment Act, 1979 and Regulations.

7.     After the exhibition of an amended Penrith Citywide s7.12 Development Contributions Plan for non-residential development, which removes the Aerotropolis from applying to Plan, that delegation is provided to the General Manager to finalise and make this amendment, in accordance with the Environmental Planning & Assessment Act, 1979 and Regulations.

8.     Where Liverpool City Council does not resolve to exhibit the joint s7.12 Plan, that Council proceed to exhibit an amended s7.12 contributions plan for the Aerotropolis, applicable to Penrith Local Government Area only and a copy of this would be forwarded to the Minister for Planning and Public Spaces.

 

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

For

Against

 

Councillor Robin Cook

Councillor Bernard Bratusa

Councillor Greg Davies

Councillor Tricia Hitchen

Councillor Todd Carney

Councillor Mark Davies

Councillor Aaron Duke

Councillor Marcus Cornish

Councillor Karen McKeown OAM

 

Councillor John Thain  

 

Councillor Kevin Crameri OAM

 

Councillor Brian Cartwright

 

Councillor Ross Fowler OAM

 

 

 

On being PUT to the meeting, the AMENDMENT was CARRIED and on becoming the MOTION was also CARRIED.

 

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

For

Against

 

Councillor Robin Cook

Councillor Bernard Bratusa

Councillor Greg Davies

Councillor Tricia Hitchen

Councillor Todd Carney

Councillor Mark Davies

Councillor Aaron Duke

Councillor Marcus Cornish

Councillor Karen McKeown OAM

                                                        

Councillor John Thain  

 

Councillor Kevin Crameri OAM

 

Councillor Brian Cartwright

 

Councillor Ross Fowler OAM

 

 

 

 


 

 

4        Voluntary Planning Agreement for 33-43 Phillip Street, St Marys      

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

That:

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

2.     Council endorse the draft Voluntary Planning Agreement and explanatory note for 33-43 Phillip Street, St Marys for execution.

3.     Council authorise the General Manager to finalise and sign the VPA and make any minor amendments where necessary to ensure its legality (e.g. typographic errors, dates, etc.).

4.     The Common Seal of the Council of the City of Penrith be affixed to the legal document.

5.     The Department of Planning, Industry and Environment be notified of the signing of the VPA and Council’s register of VPAs and website be updated to record the Agreement.

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

For

Against

 

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown OAM

                                                        

Councillor John Thain  

 

Councillor Kevin Crameri OAM

 

Councillor Mark Davies

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

5        Fire Safety Update                                                                                     

229  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Tricia Hitchen

That:

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

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

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

 

 

6        Draft Mamre Road Development Contributions Plan                            

 

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

That:

1.     The information contained in the report on Draft Mamre Road Development Contributions Plan be received

2.     Council endorse the draft Section 7.11 Plan Development Contributions Plan for the Mamre Road Precinct and background report (under separate cover) for public exhibition.

3.     The plan be exhibited in accordance with the Environmental Planning & Assessment Act, 1979 and Regulations for a minimum of 28 days.

4.     At the conclusion of the exhibition period, a further report be provided to Council on the submissions received during the exhibition period.

5.     Penrith Citywide s7.12 Development Contributions Plan for non- residential development be amended to no longer apply to the Mamre Road Precinct, and that this is publicly exhibited in accordance with the Environmental Planning & Assessment Act, 1979 and Regulations.

6.     After the exhibition of an amended Penrith Citywide s7.12 Development Contributions Plan for non-residential development, which removes the Mamre Road Precinct from applying to Plan, that delegation is provided to the General Manager to finalise and make this amendment, in accordance with the Environmental Planning & Assessment Act, 1979 and Regulations.

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

For

Against

 

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor Karen McKeown OAM

                                                        

Councillor John Thain  

 

Councillor Kevin Crameri OAM

 

Councillor Mark Davies

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 


 

 

Outcome 3 - We can get around the City

 

7        RFT20/21-06 Construction of Caddens Road upgrade between Gipps Street and Heaton Avenue                                                            

231  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on RFT20/21-06 Construction of Caddens Road upgrade between Gipps Street and Heaton Avenue be received.

2.     Quickway Constructions Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the Construction of the Caddens Road Upgrade for an amount of $5,209,904 excluding GST.

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

 

8        Transport for NSW - Emu Plains At-Grade Commuter Car Park         

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

That:

1.     The information contained in the report on Transport for NSW - Emu Plains At-Grade Commuter Car Park be received.

2.     Council’s Engineering Services Manager be authorised to finalise a submission, based on this report, to Transport for NSW by 6 November 2020.

 

 

Outcome 4 - We have safe, vibrant places

 

9        Tender Reference RFT 14/15-31 Provision of Grave Digging Services                                                                                                      

233  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain

That:

1.     The information contained in the report on Tender Reference RFT 14/15-31 Provision of Grave Digging Services be received

2.     The tender from L J Follington Pty Ltd be accepted for the provision of                            Grave Digging Services for a three (3) year period, with an option to                            extend for a further two (2) one (1) year periods subject to satisfactory                            performance and mutual agreement and allowing for rise and fall.

 

Councillor Bernard Bratusa left the meeting, the time being 8:26pm.


 

 

10      RFT20/21-07 Leonay Oval Amenities                                                      

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

That:

1.     The information contained in the report on RFT20/21-07 Leonay Oval Amenities be received

2.     The proposal and lump sum price from Coverit Building Group Pty Ltd, for the amount of $322,940.00 (excluding GST) be accepted for Leonay Oval Amenities Stage 2, 3 and 4, Emu Plains.

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

 

Councillor Bernard Bratusa returned to the meeting, the time being 8:27pm.

 

 

Outcome 5 - We care about our environment

 

11      Tender Reference 19/20-41 Manufacture and/or Distribution of Compostable Bags                                                                                    

235  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Tender Reference 19/20-41 Manufacture and/or Distribution of Compostable Bags be received

2.     The tender from Cardia Bioplastics (Australia) Pty Ltd be accepted for the provision of Manufacture and Distribution of Compostable Bags for a three (3) year period, with an option to extend a further two (2) one (1) year periods subject to satisfactory performance and mutual agreement and allowing for rise and fall.

 

12      Acceptance of Grant Funding - NSW Environmental Protection Authority, Local Council Transition of Recovering Further Organics

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

That:

1.     The information contained in the report on Acceptance of Grant Funding - NSW Environmental Protection Authority, Local Council Transition of Recovering Further Organics be received

2.     Council write to the Hon Matthew Kean, Minister for Energy and Environment thanking him for his support in approving and providing funding for these initiatives.

 

 


 

 

Outcome 6 - We are healthy and share strong community spirit

 

13      Investigation into access to shop fronts in Penrith City Centre and St Marys Town Centre                                                                              

237  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Ross Fowler OAM that the information contained in the report on Investigation into access to shop fronts in Penrith City Centre and St Marys Town Centre be received.

 

14      NSW Government Grants - Everyone Can Play - Project Nominations                                                                                               

238  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on NSW Government Grants - Everyone Can Play - Project Nominations be received

2.     Council endorse the allocation of existing budgets as contributing funds to enable grant applications for improvements to Spence Park, Banks Drive, and Brooker and Day Street.

3.     Council endorse the submission of grant applications to the NSW Government’s Everyone Can Play program for the following projects: 

 

-     Spence Park, Penrith (2020 Mayoral Challenge)

 

-     David Currie Playspace, Banks Drive, St Clair

 

-     Brooker and Day Street Reserve, Colyton

 

 

Outcome 7 - We have confidence in our Council

 

15      Road Dedication - Part Union Road, Union Lane, Station Street and Worth Street Penrith                                                                                 

239  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Todd Carney

That:

1.     The information contained in the report on Road Dedication - Part Union Road, Union Lane, Station Street and Worth Street Penrith be received

2.     Council support the dedication of the sections of Road Dedication - Part Union Road, Union Lane, Station Street and Worth Street Penrith as outlined in the report, in accordance with section 16 & 17 of the Roads Act 1993

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

 

 


 

 

16      RFT2021-03 Kingswood Commuter Carpark - Project Management  

240  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Todd Carney

That:

1.     The information contained in the report on RFT2021-03 Kingswood Commuter Carpark - Project Management be received.

2.     The proposal and total fee from Roots Partnerships Pty Ltd for the amount of $237,650 (excluding GST) be accepted.

3.     The engagement of the project manager and associated project sub-consultants is currently being forward funded by the property development reserve fund under the 2020-21 capital expenditure budget.

4.     That Council accept the funding offer from Department of Infrastructure, Transport, Regional Development and Communications for the development of the Cox Avenue project, reimbursing forward funding cost back to the reserve.

5.     Following approval and Council’s receipt of Federal funding, a project code will be established to reallocate project management and sub-consultancy. These costs will be reclaimed/recouped against the new project.

6.     Council write to Minister for Population, Cities and Urban Infrastructure and the Local Federal Member acknowledging the funding support for the project.

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

 

17      Pecuniary Interest Returns 2019 - 2020                                                  

241  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that the information contained in the report on Pecuniary Interest Returns 2019 - 2020 be received.

 

18      Audit, Risk and Improvement Committee                                              

242  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Ross Fowler OAM that the information contained in the report on Audit, Risk and Improvement Committee be received.

 

19      2020-21 Borrowing Program - renewal of existing loan                       

243  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney

That:

1.     The information contained in the report on 2020-21 Borrowing Program - renewal of existing loan be received.

2.     Council be advised that offers will be requested for the $2,424,521.31 renewal of the CBD Drainage Loan in November 2020.

3.     The General Manager be granted delegated authority to negotiate the loan in accordance with this resolution.

4.     The Common Seal of the Council of the City of Penrith be affixed to those documents that are necessary to finalise these borrowings.

5.     The final terms and conditions of the borrowings be reported to the Council upon completion of the loan contracts.

 

 

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

244  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney

That:

1.     The information contained in the report on Summary of Investment & Banking for the Period 1 September 2020 to 30 September 2020 be received.

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

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

 

 

21      Finalisation of 2019-20 Financial Statements (post public exhibition)                                                                                                  

245  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney

That:

1.     The information contained in the report on Finalisation of 2019-20 Financial Statements (post public exhibition) be received.

2.     Council note the completion of the public exhibition process for Council’s 2019-20 Financial Statements and that Council has submitted its Financial Statements for the year ended 30 June 2020 to the Office of Local Government.

 

22      Outcomes in Recent Legal Proceedings                                                

246  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Brian Cartwright that the information contained in the report on Outcomes in Recent Legal Proceedings be received.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Community Garden at Kingswood      

Councillor Tricia Hitchen has requested if Council could assist with the installation of a community garden at Kingswood at Wainwright Park or the Community Centre.

 

RR 2           DA Submitted by The Next Generation Company for a Waste to Energy Facility      

Councillor Tricia Hitchen has requested a report to a Councillor Briefing regarding the DA submitted by The Next Generation Company for a Waste to Energy Facility in the Blacktown LGA and the impact that it would have on the residents of Erskine Park and St Clair.

 

RR 3           Avium Drive, Caddens and Lorne Avenue, South Penrith     

Councillor Tricia Hitchen requested that the Local Traffic Committee investigate the issue of speeding vehicles along Avium Drive, Caddens and Lorne Avenue, South Penrith. 

 

RR 4           Tench Reserve Boat Ramp

Councillor Marcus Cornish requested a report to Council providing information regarding sites for a second boat ramp to alleviate congestion at the current site and also the benefits of using the new ramp for boats in and the old ramp for boats out.

 

RR 5           Outbreak of Apple of Soddam    

Councillor Kevin Crameri OAM requested that Council print cards/flyers that can be distributed to affected residents that state, “There appears to an outbreak of apple of soddam, which is a noxious weed on your property. This can be controlled by chipping out or spraying with a broad leaf spray or roundup. If you need any further advice, please contact Penrith City Council or HRCC”.

 

RR 6           Advocating for Koala Population        

Councillor Kevin Crameri OAM requested that Council advocate for a koala population to be established in the ADI site.

 

RR 7           Camel Races at the Paceway      

Councillor Kevin Crameri OAM requested a memo regarding the details of the camel races to be held at the Paceway.

 

RR 8           Dunheved Road Upgrade   

Councillor Robin Cook requested for regular memo updates regarding the progress of Dunheved Road and continue the advocacy of having it taken over by the State Government.

 

RR 9           Planning Systems and Accelerated Programs     

Councillor Robin Cook requested that Council write to all relevant Ministers about engaging with Council Staff in regards to planning systems and accelerated programs that have been put forward to allow Council to be better prepared to put in submissions.

 


 

 

RR 10         Intersection of Melville Road and Banks Drive, St Clair

Councillor Greg Davies requested that the Local Traffic Committee investigate the intersection of Melville Road and Banks Drives, St Clair and consider the installation of a roundabout.

 

There being no further business the Chairperson declared the meeting closed the time being 9:02pm.

 



PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 6.45pm.

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                               

   


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Access Committee Meeting held on 14 October 2020                                                                                                                                              1

 

2        Report and Recommendations of the Heritage Advisory Committee Meeting held on 21 October 2020                                                                                                                      7

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 2 November 2020                                                                                                                                  10

 

4        Report and Recommendations of the Policy Review Committee Meeting held on 9 November 2020                                                                                                                18

 

5        Report and Recommendations of the Resilience Committee Meeting held on 18 November 2020                                                                                                                                  20

 

 

 

 

 

 

 



Ordinary Meeting                                                                                         30 November 2020

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 14 October, 2020

 

 

 

WEBCASTING STATEMENT

It was advised that the Access Committee Meeting of 14 October 2020 would be recorded.

PRESENT

Deputy Mayor, Councillor Tricia Hitchen (Chair), Councillor Robin Cook, Dianne Brookes, Anthony Mulholland, Matt Roger, Carole Grayson, Farah Madon, Allan Windley (5.40pm).    

 

IN ATTENDANCE

 

Jeni Pollard – City Activation, Community and Place Manager, Melissa McSeveny – Social Planning Coordinator, Claire Galvin – Disability Inclusion Officer, Hans Meijer – City Services Manager, Jane Hetherington – Senior Development Assessment Planner, Craig Squires – Building Certification and Fire Safety Coordinator, Sandra Fagan – Senior Planner, Wendy Connell - Senior Development Assessment Planner.

 

APOLOGIES

Apologies were accepted from Graham Howe and Councillor Todd Carney.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 12 August 2020

The minutes of the Access Committee Meeting of 12 August 2020 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

OUTCOME 2 – WE PLAN FOR OUR FUTURE GROWTH

 

1     Development Applications Referred to Access Committee

 

DA20/0208            20 Memorial Avenue Penrith for construction of Log Cabin Hotel including two storey building containing bar and dining areas, gaming area, function rooms and servicing areas and related beer garden, children’s playground, at grade carparking and site works

 

Wendy Connell presented the development application for the construction of the Log Cabin hotel that will comprise a two-storey building containing bar and dining areas, gaming area, function rooms, servicing areas, beer garden and children’s playground, as well as a new at-grade carpark. Part of the site, immediately to the south of the pedestrian bridge will remain undeveloped at this time.

 

Wendy Connell reminded the Committee that the applicants had previously presented to the Access Committee prior to lodging the application with Council. The proposal is to build on the northern side of the pedestrian bridge – the bridge divided the site into two.

 

Issues discussed by the Committee included:

 

·    The provision of a parent room on the first floor – concern that the accessible bathroom would be used for changing babies

·    Query regarding provision of adult change facility in the building if it is classed a tourist zone

·    Uncertainty whether this building would be considered a tourist zone

·    The ratio of accessible carpark spaces in the new carpark

·    Request to make staff toilets accessible to staff and others in an emergency

·    Provision of some serving areas at a lower height

·    The location of the accessible toilet on the ground floor – lower gaming room either pass to either male or female toilets to get to the other side or go out and then come in again

·    Provision of bus parking.

 

DA20/0428            216 East Wilchard Road and 26 Elison Road Castlereagh for use of land for school purposes including alterations and additions to an existing dwelling for use as a general learning area

 

Jane Hetherington presented the development application for use of land at 216 East Wilchard Road and 26 Ellison Road Castlereagh for school purposes.  The proposal is for Lots 6 and 13 to become school grounds with the adjoining Lakes Christian College as well as alterations and change of use to the existing dwelling on Lot 13 for the purpose of specialised classrooms.

 

The Lakes Christian College occupies the adjoining site on Lot 12. Concern has been expressed regarding the use of the existing driveway and how students and staff will access the proposed new classrooms.

 

Jane Hetherington advised that the site is relatively flat and the Access Report confirms the gradient.  The path is 1.2m wide.  The access matters listed on the slide have been addressed in the Access Report.

 

Issues discussed by the Committee included:

 

·    the male and female toilets should be ambulant, not the child’s toilet

·    900mm-920mm wide for ambulant toilet – as leg support and wall support to be able to use the grab rails

·    on the 1.2m wide really long pathway a passing bay is required every 2m– it is a Building Code requirement and 2.8 x 1.8 width, the size of a parking bay.

 

Allan Windley arrived at the meeting at 5.40pm.

 

DA20/0509            Lot 3989 Lakeside Parade Jordan Springs for construction of a single storey building for a pub and associated onsite parking spaces, drainage and landscaping works

 

Jane Hetherington presented the development application for the proposed single storey pub at 3989 Lakeside Parade Jordan Springs. The construction includes a main bar and dining room, gaming room, external beer garden and children’s playground and back of house areas.  There would also be at-grade carparking for 48 cars including one accessible parking space.

 

The site is south of Lakeside Park which is currently vacant, north of Jordan Springs Town Centre, and west of a seniors living development.

 

The building is located to the south-west with a drop-off area adjacent to the pathway.  There is a concern with one accessible parking space on the southern boundary away from the pedestrian path.

 

Jane Hetherington advised that there are issues with the two entrances to the facility – one off Lakeside Park and the other located through the games area. There is an external step to the gaming area.  The accessible entrance (main bar and dining) is located approximately 51m away. There is also concern with the gradient of the ramp and a gradient change between the carparking area and the pathway.

 

Jane Hetherington also referred to the accessible bathrooms, being not sure if there was a drop-down area in the bar and the door circulation space being non-compliant.

 

Issues discussed by the Committee included:

 

·    Accessible carparking – suggestion to move to the top row – then it would be right next to the drop-off zone

·    Circulation spaces

·    Possible automated doors

·    If a garden is developed access to the garden is required

·    Accessible bathrooms and details of drawings – prior to issuing of Construction Certificate all drawings must comply with the disability standards.

 

Jane Hetherington left the meeting at 5.55pm.

 

DA20/0523            351 and 359 High Street and 18 Lawson Street Penrith for alterations to Australian Arms Hotel and construction of seven-storey hotel including ground floor restaurant, first floor function centre, 115 hotel rooms and two levels of basement carparking with related demolition and public domain works

 

Sandra Fagan spoke to the report and showed the meeting a diagram of the site.  The pub at the front is a heritage item.  The proposal is for a seven-storey hotel behind the pub with 115 rooms, restaurant and conference area, demolition works, removal of two walls and three doors within the pub and reconfiguration of the toilet area. It also includes demolition of a single dwelling at 18 Lawson Street, changes to Lawson Lane to create new pedestrian and vehicle entry to the hotel and a new open-space landscaped area in Lawson Street which will provide a cafe and play area.

 

The widening of Lawson Lane is to create a sense of arrival at the hotel.  There will be two levels of basement parking with 64 spaces, two of which are dedicated as accessible and opposite the lift. Six of the hotel rooms are to be accessible.  The hotel will also house a gym and function rooms.

 

Sandra Fagan advised that access matters for further consideration included the existing heritage listed hotel and any works that may be required to bring it into compliance; the design of the new hotel entry from Lawson Lane and the proposed landscaped area at 18 Lawson Lane. Sandra Fagan also asked whether six accessible hotel rooms is enough.

 

Issues discussed by the Committee included:

 

·    Pedestrian access – difficulty with uneven surfaces and it being near a busy side street

·    The changes to the bathrooms in the pub

·    Two pillars which would protrude into the access pathway on Lawson Lane entrance to the hotel

·    Penrith Council’s Public Domain Manual

·    Difficulty for people with visual impairment to follow a path with circular lines

·    Two toilets on the ground floor level, both have left-hand transfer – one of them needs to be swapped to a right-hand transfer

·    Not enough space to come off the platform lift, passageway needs to be widened

·    Thinking about fire egress – consider putting in a small refuge area (a landing of a few metres) and then people with disability can be moved into the stairway

·    Number of accessible rooms and accessible parking spaces.

 

Sandra Fagan advised that the points raised are good and she will raise them with the developer. Sandra Fagan will also ask about extra accessible rooms. She also undertook to look at the open space and levels and try to understand the design rationale for having playgrounds instead of a passive area.

 

Sandra Fagan left the meeting at 6.16pm.

 

RECOMMENDED

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

 

Outcome 6 - We are healthy and share strong community spirit

 

2        Summary of 2019-2020 Disability Access Improvement Program       

Claire Galvin advised that the Disability Access Improvement Program (DAIP) report outlines project outcomes for 2019-20 and also identifies a proposed list of projects and activities for 2020-21.

 

Councillor Hitchen advised that she had spoken to Councillor Cook and they had agreed that the footpath connection on Braddon Street could be completed through Voted Works.  The $10,250 allocated for this project could then be spent on another project.

 

Matt Roger enquired if there was any funding to pay for an event to enable people to get together. Claire Galvin advised that DAIP funding would not cover this but she would provide further information regarding other funding sources.

 

Anthony Mulholland advised that many people access the community for their health and wellbeing but because of Covid-19 have not been able to get out and engage with the community.

 

Jeni Pollard advised that DAIP funding is focused mainly on making facilities and playgrounds accessible. The projects over the last few years have had some good outcomes.  Jeni Pollard said she is happy to take the idea of a get-together forward past Covid.

 

Councillor Cook advised that the improvements to Ripples are excellent.

 

 

RECOMMENDED

That the information contained in the report on Summary of 2019-2020 Disability Access Improvement Program be received.

 

3        Update to the Access Committee about responding to customer needs via digital platforms

 

Claire Galvin advised that Jane Howard, the ICT Operations Manager, was going to speak to this report but she is not in attendance tonight.  Councillor Hitchen advised that the report would be deferred until the next meeting when Jane Howard can attend.

 

GENERAL BUSINESS

 

GB 1           Disability Inclusion Action Plan 

Claire Galvin advised that at the next Access Committee meeting a report regarding the Disability Inclusion Action Plan (DIAP) will be presented.  Due to Covid-19 the deadlines have been extended and Council will develop a bridging plan for one year.  Projects will be identified to work on in the 2021 to 2022 one-year bridging plan.  The next Disability Inclusion Action Plan will then continue on from 2022.

 

GB 2           Bus Stop on the Corner of Evan Street and Derby Street Penrith

Hans Meijer provided an update for GB5 from the Access Committee meeting of 12 August 2020.  The bus stop on the corner of Evan and Derby Streets will be upgraded.  The existing tree adjacent to the bus stop will be removed, the footpath will be lowered and the bus boarding point will be wider without a step.  Three new trees will be planted in close proximity to the tree removed and the work should be completed before Christmas this year. 

 

GB 3           Advertising on Bus Shelter Policy      

Hans Meijer referred to Councillor Todd Carney’s General Business item (GB9) at the Access Committee meeting held on 12 August 2020. Council has now adopted an Advertising on Bus Shelter Policy.  The income generated from advertising on bus shelters will be invested back into bus stops and bus shelters. A consultant has been engaged to prepare tender specifications and Council intends to go to market early in 2021.

 

GB 4           Chip Bark under Swings    

Dianne Brookes advised that when she took her granddaughter with autism to the park on the corner of Victoria Street Kingswood there was chip bark under the swings.  Her granddaughter hated the sensation of the bark getting onto her feet.  Dianne Brookes asked if there was another kind of softfall that could be used under the swings.

 

Councillor Hitchen suggested speaking to the Director City Services about this matter.  Jeni Pollard advised that information would be sent out to Dianne Brookes.

 

 

GB 5           Get-together Celebration   

Anthony Mulholland spoke about how difficult it is for many people when they don’t see other people in person for a long time.  He asked about having a small celebration to catch up and see each other. 

 

GB 6           Parking at NeuroMoves Gym      

Referring to GB2 from the 12 August 2020 Access Committee minutes Matt Roger advised that he would follow up with Craig Squires regarding a parking solution.

 

GB 7           Nepean Hospital Redevelopment Consumer Committee       

Matt Roger advised that the Nepean Hospital Wayfinding Strategy had been put on hold for the time being.  Matt Roger is continuing with his regular engagement with the Nepean Hospital Redevelopment Consumer Committee and is attending meetings.  He advised that the Access Committee would be informed of any updates.

 

Councillor Hitchen thanked Matt Roger for being a member of the Nepean Hospital Redevelopment Consumer Committee.  Matt Roger advised that he would immediately pass onto the Redevelopment Consumer Committee any issues that Access Committee members gave him.

 

Councillor Hitchen advised that her son Liam was in Nepean Hospital and his room was not accessible so she has sent a letter into the Medical Board regarding this matter.

 

GB 8           Congratulations to Councillor Hitchen

Matt Roger extended congratulations to Councillor Hitchen on her selection as the Deputy Mayor and all present joined in.

 

 

There being no further business the Chairperson declared the meeting closed the time being 6.35pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 14 October, 2020 be adopted.

 


Ordinary Meeting                                                                                         30 November 2020

 

REPORT AND RECOMMENDATIONS OF THE
 Heritage Advisory Committee MEETING

HELD ON 21 October, 2020

 

 

 

 

PRESENT

Councillor Marcus Cornish (Chair), Richard Ward - Nepean District Archaeological Group, Norma Thorburn - St Marys & District Historical Society, Jennine Leonarder Collins .

 

IN ATTENDANCE

Peter Wood – Development Services Manager, Nathan Ritchie – Property Development Manager, Kathryn Sprang – Development Assessment Planner, Abby Younan – Planning Administration Officer, Erin Higgins – Development Manager, Amanda McMurtrie – Program Manager Property Department.

 

APOLOGIES

Councillor Brian Cartwright, Beth Moore, Ann-Maree Bonner and Stephen McKenzie.

 

CONFIRMATION OF MINUTES - Heritage Advisory Committee Meeting - 19 February 2020

The minutes of the Heritage Advisory Committee Meeting of 19 February 2020 be confirmed.

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Property at 41 Great Western Highway Emu Plains

 

Kathryn Sprang provided an update to the Committee as per request from Councillor Marcus Cornish in the previous meeting regarding potential heritage significance of the site. Kathryn advised that Otto (council’s heritage consultant) believes that there is heritage significance to the property and if a Development Application were to be lodged, that a heritage impact statement should be required.       

 

RECOMMENDED

That:

1.     The information contained in the report on Property at 41 Great Western Highway Emu Plains be received.

2.     The information contained in the report on Property at 41 Great Western Highway Emu Plains be referred to Council’s City Planning Department for information with respect to heritage listings within Penrith Local Environmental Plan 2010.

 

2        935 Mulgoa Road, Mulgoa (Notre Dame)

 

As per request from Councillor Marcus Cornish in a previous meeting, Peter Wood looked into the heritage significant of Notre Dame and advised that the Notre Dame site does not hold heritage significance. Peter advised that Development Services will carefully review any future Development Application on the subject site and potential heritage impacts on  adjoining/nearby heritage properties.

         

RECOMMENDED

That the information contained in the report on 935 Mulgoa Road, Mulgoa (Notre Dame) be received.

 

3        Heritage Assistance Fund  

Kathryn Sprang presented to the Committee a slideshow showing the Committee where the funding from last year’s round of Heritage Assistance fund went to. Before and after photos where shown to highlight some positive work that has taken place. Kathryn advised the Committee that this year only one application was received for the grant and it was recommended not to be supported for funding because the works had already taken place and the works were not of a suitable heritage standard that Council would support.

 

The Chair requested a fourth recommendation is added as the Committee would like to extend the grant to commercial premises in future rounds in a matter to be determined.

         

RECOMMENDED

That:

1.     The information contained in the report on Heritage Assistance Fund be received

2.     The recommendation not to grant heritage funding be endorsed for the reasons outlined within this report.

3.     The person who made an application for heritage assistance be notified of the outcome and the reasons for non-support.

4.    Future Heritage Assistance Funding Grant to be extended to commercial premises.

 

4        Update on Major Development Application - DA20/0523 - Australian Arms Hotel Development

Peter Wood, Development Services Manager presented to the Committee on the subject Development Application. The Committee raised no objections and believe this is generally a successful outcome.

                                                                                                                                                       

RECOMMENDED

That the information contained in the report on Update on Major Development Application - DA20/0523 - Australian Arms Hotel Development be received.

 

 

GENERAL BUSINESS

 

GB 1- Old Council Chambers at 131 Henry Street Penrith

 

Nathan Ritchie, Property Development Manager presented to the Committee on their journey for 131 Henry Street Penrith. The Property Department are looking to create a larger commercial building that would also create over 368 jobs. The Property Department identified that any building works will have to address the heritage significance of the site and the Property Department are working closely with a heritage consultant to work on an appropriate design that respects the site. Nathan has advised that the project is in early stages and that Council will invite three architects to create a design that meets Council’s brief. It is anticipated that the winning concept should be announced by February 2021. Once the design is chosen, this will be on public consultation and then the Property Department will be aiming to lodge a Development Application by mid-2021.

 

GB 2- Australian Arms Hotel

 

Councillor Marcus Cornish would like an update from the Property Department regarding the land swap at the Australian Arms Hotel Site. Nathan Ritchie advised that he would look into this outside of the Heritage meeting.

 

GB 3 – Police Cottage, Emu Plains

 

Councillor Marcus Cornish briefed the Committee on the old Police cottage being refurbished as a restaurant. Questions raised by Committee member Jennine Leonarder Collins regarding the cost of works being $2.5 million being very high. Nathan Ritchie explained to the Committee that a feasibility study would have been conducted and that when the figure was calculated Council must follow all standards and ensure that Council complies with all the correct protocols and that Council must follow best practice.

 

Nathan Ritchie, Erin Higgins and Amanda McMurtrie left the meeting at 5:40pm.

 

There being no further business the Chairperson declared the meeting closed the time being 6:45pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Heritage Advisory Committee meeting held on 21 October, 2020 be adopted.

 


Ordinary Meeting                                                                                         30 November 2020

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 2 November, 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 a formal meeting held via on-line Zoom platform). 

 

PRESENT

Mayor, Councillor Karen McKeown OAM (Council Representative), Councillor Robin Cook (Representative for the Member for Londonderry), Wayne Mitchell - Director Development and Regulatory Services (Chair), Mario Dizon - Transport for NSW (TfNSW).

IN ATTENDANCE

Councillor Marcus Cornish, Steve Grady - Busways, Paul Bottomley – CDC Bus NSW, Michael Alderton – Acting Engineering Services Manager, David Drozd – Traffic Engineering Coordinator, Graham Green – Senior Traffic Engineer, Kablan Mowad – Senior Traffic Engineer, Anthony Baradhy – Traffic Engineering Officer, Isaac Mann - Trainee Engineer, Kristy Johnson – Secretary, Engineering Services, Jasmin Toro – Traffic Administration Officer.

 

APOLOGIES

Deputy Mayor, Councillor Tricia Hitchen (Representative for the Member for Penrith), Adam Wilkinson – Engineering Services Manager, Daniel Davidson – Senior Traffic Engineer, Wendy Read – Road Safety Officer, Bernie Meier – Signs and Lines Marking Supervisor, Andrew Peirce – Coordinator Ranger and Animal Services.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 12 October 2020

The minutes of the Local Traffic Committee Meeting of 12 October 2020 were confirmed.

 

DECLARATIONS OF INTEREST

 

NIL.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Radcliffe Place, Penrith - Proposed 'No Parking' Restrictions                

Wayne Mitchell - Director Development and Regulatory Services (Chair) enquired about if there is basement parking provided at the apartments adjacent to Radcliffe Place, Penrith.

David Drozd – Traffic Engineering Coordinator confirmed that basement parking is provided at the apartments adjacent to Radcliffe Place, Penrith.

Councillor Marcus Cornish enquired about whether apartments are provided with at least one on-site parking space.

 

 

Wayne Mitchell - Director Development and Regulatory Services (Chair) advised that each apartment is provided with at least one on-site parking space however, each development is constructed in line with the Development Control Plan (DCP) and the parking provided is dependent on the floor area, the number of units and the number of bedrooms provided.

RECOMMENDED

That:

1.     The information contained in the report on Radcliffe Place, Penrith - Proposed 'No Parking' Restrictions be received.

2.     The signage plan prepared by Varga Traffic Planning (Reference 19213, dated 18 September 2020) for the installation of ‘No Parking’ signage on Radcliffe Place, Penrith be endorsed as shown in Appendix 1.

3.     All works associated with the implementation of the signposting 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.     The applicant and Council’s Ranger Services department be advised of Council’s resolution.

 

 

2        Laguna Drive, Glenmore Park - Proposed Double Barrier (BB) Centre Line Markings                                                                                                

RECOMMENDED

That:

1.     The information contained in the report on Laguna Drive, Glenmore Park - Proposed Double Barrier (BB) Centre Line Markings be received.

2.     Consultation be undertaken with affected residents regarding the proposed double barrier (BB) line markings on Laguna Drive, Glenmore Park as shown in Appendix 1.

3.     Subject to no substantial objections being received, the proposed double barrier (BB) line marking be installed on Laguna Drive, Glenmore Park as shown in Appendix 1.

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

 

3        The Lakes Drive, Glenmore Park - Extension of Timed 'No Parking' Zone near Glenmore Park Public School                                                   

Councillor Marcus Cornish advised the Committee that motorists often speed on The Lakes Drive, Glenmore Park and requested whether the Nepean Police Area Command can conduct patrols and enforcement.

David Drozd – Traffic Engineering Coordinator advised that Council’s Traffic Engineers can conduct traffic volume and speed counts on The Lakes Drive, Glenmore Park near Glenmore Park Public School and refer the data onto Nepean Police Area Command for their consideration in conducting patrols and enforcement and/or list The Lakes Drive, Glenmore Park for the placement of the Variable Message Sign (VMS) trailer.

RECOMMENDED

That:

1.     The information contained in the report on The Lakes Drive, Glenmore Park - Extension of Timed 'No Parking' Zone near Glenmore Park Public School be received.

2.     The signage and line marking plan AA000 dated August 2020 regarding the extension of the part-time ‘No Parking’ zone on The Lakes Drive, Glenmore Park as shown in Appendix 1 be endorsed for installation.

3.     The School Principal of Glenmore Park Primary School be advised of Council’s resolution and be requested to provide additional road safety resources to families to encourage the continued use of ‘park and walk’ initiative where possible, and for families to comply with the NSW Road Rules, including when using the drop off/pick up zone.

4.     Council’s Ranger Service department and the parent who raised the matter be advised of Council’s resolution. 

5.     Council Traffic Engineers conduct traffic volume and speed counts on the Lakes Drive, Glenmore Park near Glenmore Park Public School and refer the data onto Nepean Police Area Command for their consideration in conducting patrols and enforcement and/or list The Lakes Drive, Glenmore Park for the placement of the Variable Message Sign (VMS) trailer.

 

 

4        Greendale Road, Wallacia - Proposed Extension of the 'No Stopping' Zone at the Intersection with Park Road                                                    

Councillor Marcus Cornish enquired about whether the centre island on Greendale Road, Wallacia interferes with heavy vehicle turn paths and whether the line marking at the centre island can be adjusted to allow for additional manoeuvring and turning space for heavy vehicles. 

David Drozd – Traffic Engineering Coordinator advised that the heavy vehicle swept/turn paths attached to the report indicate a worst case scenario for heavy vehicle turn movements. David Drozd also advised that the centre concrete island on Greendale Road is positioned so that the vast majority of heavy vehicles can make the turn.

Michael Alderton – Acting Engineering Services Manager advised that the centre island on Greendale Road is concrete and the line marking cannot be adjusted as the physical island would need to be relocated.

Steve Grady of Busways advised that he often witnessed heavy vehicles turning right from the intersection of Greendale Road onto Park Road, Wallacia. Steve Grady also advised that the proposed 15 metre ‘No Stopping’ zone on the eastern side of Greendale Road will benefit buses turning into Greendale Road from Park Road as it will allow sufficient space for buses to clear parked vehicles on the eastern side of Greendale Road and prevent instances of buses encroaching over the double barrier centre line marking.

RECOMMENDED

That:

1.     The information contained in the report on Greendale Road, Wallacia - Proposed Extension of the 'No Stopping' Zone at the Intersection with Park Road be received.

 

2.     Consultation be undertaken with affected property owners and tenant regarding the proposed extension of the ‘No Stopping’ zone on the southbound lane on Greendale Road, Wallacia at its intersection with Park Road as shown in Appendix 1.

3.     Subject to no substantial objections being received, the ‘No Stopping’ restrictions be extended and installed at the southbound lane on Greendale Road, Wallacia at its intersection with Park Road as shown in Appendix 1.

4.     Council’s Ranger Services department and Mr Peter Bache from Transport for NSW be advised of Council’s decision.

 

 

5        Peachtree Road, Penrith - Endorsement of Line Marking Plan               

RECOMMENDED

That:

1.     The information contained in the report on Peachtree Road, Penrith - Endorsement of Line Marking Plan be received.

2.     Consultation be undertaken with properties/businesses on Peachtree Road, Penrith regarding the proposed line marking measures as shown in plan TS0042, dated September 2020 (Appendix 1).

3.     Subject to no substantial objections being received, the proposed line marking measures on Peachtree Road, Penrith as shown in plan TS0042, dated September 2020 (Appendix 1).

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

 

 

6        Laycock Street at Hosking Street, Cranebrook - Extension of 'No Stopping' Zone                                                                                              

Councillor Marcus Cornish enquired about the current edge line marking on the eastern side of Laycock Street, Cranebrook near the intersection with Hosking Street and whether it needs to be a continuous parking edge line rather than a dashed separation line.

Isaac Mann – Trainee Engineer advised that the current dashed separation line marking on the eastern side of Laycock Street near the intersection of Hosking Street is provided as it is a deceleration lane. Isaac Mann also advised that further north on eastern side of Laycock Street is the parking edge line marking.

David Drozd – Traffic Engineering Coordinator advised that the dashed separation line allows southbound vehicles on Laycock Street to start to veer left as they approach Hosking Street to make a left turn. David Drozd also advised that the parking edge line marking which is a continuous E1 line further north on Laycock Street clarifies parking to motorists.  

Councillor Marcus Cornish enquired about if two car parking spaces on the eastern side of Laycock Street will remain between the proposed ‘No Stopping’ sign location and the shopping centre driveway.

David Drozd – Traffic Engineering Coordinator confirmed that roughly two car parking spaces will remain on the eastern side of Laycock Street.

Councillor Marcus Cornish suggested further extending the proposed ‘No Stopping’ zone so that it removes the remaining two car spaces on eastern side of Laycock Street. Councillor Marcus Cornish advised that there is plenty of parking within the shopping centre car park for customers and visitors which will improve sight lines for motorists at the intersection.   

Mayor, Councillor Karen McKeown OAM (Council Representative) also supported Councillor Marcus Cornish’s request for the extension of the proposed ‘No Stopping’ zone further north on the eastern side of Laycock Street. Mayor, Councillor Karen McKeown OAM (Council Representative) advised there is a number of parking spaces available within the shopping centre car park and as well as on both sides of Hosking Street for customers and visitors of the shopping centre which is supported by a pedestrian crossing. 

David Drozd – Traffic Engineering Coordinator advised that Council aims to retain as much parking as possible in our local traffic network, however, in this case he supports removing all the parking on the eastern side of Laycock Street between the shopping centre driveway and the intersection of Hosking Street and the diagram will be updated to reflect this.

RECOMMENDED

That:

1.     The information contained in the report on Laycock Street at Hosking Street, Cranebrook - Extension of 'No Stopping' Zone be received.

2.     The existing ‘No Stopping’ restrictions on the southbound lane of Laycock Street, Cranebrook near its intersection with Hosking Street be extended north to cover the area between the shopping centre driveway and Hosking Street as shown in Appendix 1.

3.     Council’s Ranger Services department and the resident that raised the matter be advised of Council’s decision.

 

 

GENERAL BUSINESS

 

GB 1           Emu Plains to Glenbrook - Off-Road Shared Path

Executive Summary

Penrith City Council proposes the construction of an off-road shared user path with a width of 2.5m and total length of 1.2km along the northern side of the Great Western Highway/ Mitchells Pass, Emu Plains from the corner of Brougham Street to the Mitchells Pass Knapsack Viaduct Trailhead.

 

The project will provide a continuous safe passage for both pedestrians and cyclists to travel from the Yandhai Nepean Crossing within the Penrith LGA, westbound along the Great Western Highway/Mitchells Pass to the Knapsack Viaduct, in the Blue Mountains City Council LGA.

 

Council has now received a funding offer of $1.8mil from TfNSW for the construction of the path in 2020/21 and the present report recommends progressing to community consultation.

 

Background

This project was identified in Penrith City Council’s Penrith Accessible Trails Hierarchy Strategy, Blue Mountains City Council’s Integrated Transport Strategic Plan and NSW Government Co-Designed Principal Network and previously received feasibility assessment funding under the under the NSW Government’s Walking and Cycling Program (refer to final Report No. 80018099 prepared by Cardno and dated 14 June 2019).

Subsequently Council officers nominated the project for 2020/21 funding after consultation with Blue Mountains Council Officers and careful considerations of the detailed design plans prepared by CARDNO consultants as shown in Appendix 1. This project was also assessed on its social, environmental, physical, financial, and technical feasibility for the network. The proposed route connects major generators of bicycle traffic within each region including recreational areas, commercial centres and public transport interchanges.

 

Current Situation

The aim of the project is to design a minimum 2.5m wide DDA compliant shared path connecting communities of Penrith City Centre; The River Walk; Emu Plains and ultimately connection to the Blue Mountains, Glenbrook Town Centre. This project will increase walking and cycling mode share in regional and outer metropolitan areas. The link would support significant generation of bicycle traffic between Emu Plains and Glenbrook. The route is designed to cater for families, recreational users and daily commuters.

This investment in the cycleway network builds upon existing NSW Government and local government partnership and will be aligned with the Penrith LGA Green Grid that is currently being developed as part of a Metropolitan Greenspace grant as well as other projects funded by the Western Sydney City Deal such as Regatta Park.

Detailed design plans were previously prepared by CARDNO consultants as shown in Appendix 1 and as such the project is shovel ready, subject to detailed community consultation. 

_________________________________________________________________________

 

Councillor Marcus Cornish thanked Council Officers for their work on the proposed off-road shared path connecting from Emu Plains to Glenbrook.

Mayor, Councillor Karen McKeown OAM (Council Representative) enquired about whether Blue Mountains City Council (BMCC) have funding available to extend the proposed off-road shared path into their Local Government Area.

David Drozd advised that the proposed off-road shared path connects to an existing viable path in Glenbrook in the BMCC Local Government Area. David Drozd also advised that Penrith City Council Officers will be meeting with Officers at BMCC to push for them to further extend the off-road shared path into their Local Government Area.

Councillor Marcus Cornish advised that the height of the barrier adjacent to the footpath on the Great Western Highway, Emu Plains bridge that runs over the line railway trucks is fairly low and enquired about whether it will be adjusted in conjunction with the proposed off-road shared path. 

David Drozd – Traffic Engineering Coordinator advised that there will be contingencies to allow for improvements to existing infrastructure where the proposed off-road shared path will be constructed.

RECOMMENDED

That:

 

1.     The information contained in the report on Emu Plains to Glenbrook Off Road Shared Path be received.

2.     Council progress to community consultation for the construction of an off-road shared user path with a width of 2.5m and total length of 1.2km along the northern side of the Great Western Highway/Mitchells Pass, Emu Plains from its intersection with Brougham Street, Emu Plains to the Mitchells Pass Knapsack Viaduct Trailhead in Glenbrook, as shown in Appendix 1. 

 

 

 

GB 2        Francis Street, Cambridge Park - Concerns about Antisocial Behaviour

Mayor, Councillor Karen McKeown OAM (Council Representative) advised the Committee that she has been contacted by residents of Francis Street, Cambridge Park regarding ongoing concerns about antisocial driver behaviour including burnouts and speeding on Francis Street, Cambridge Park including during the early hours of the morning.

Mayor, Councillor Karen McKeown OAM (Council Representative) requested that Council’s Traffic Engineers conduct traffic volume and speed counts and/or list this street for the placement of the Variable Message Sign (VMS) trailer.

RECOMMENDED

That:

1.   Council’s Traffic Engineers conduct contemporary traffic volume and speed counts on Francis Street, Cambridge Park and/or list this street for the placement of the Variable Message Sign (VMS) trailer.

 

2.   Council’s Traffic Engineers request Nepean Police Area Command to consider conducting patrols and enforcement of driver behaviour on Francis Street, Cambridge Park.

 

3.   Mayor, Councillor Karen McKeown OAM (Council Representative) be advised of the outcome.

 

 

GB 3        Marrett Way and Goldmark Crescent, Cranebrook - Access for Buses     

Councillor Robin Cook (Representative for the Member for Londonderry) advised the Committee that there is a blind crest on Marrett Way, Cranebrook when heading towards Goldmark Crescent and residents tend to park on either side of the crest which results in motorists having to pull over to allow vehicles to pass. Councillor Robin Cook (Representative for the Member for Londonderry) advised that this could cause a potential accident.

In addition to the above, Councillor Robin Cook (Representative for the Member for Londonderry) advised that bus drivers experience difficulty when turning from Goldmark Crescent into Marrett Way where vehicles on Marrett Wat often have to reverse back along the narrow length of road particularly during school peak hours to allow buses to turn into Marrett Way.

Steve Grady of Busways advised that he will liaise with his team about any instances where bus drivers are experiencing difficulty with turning from Goldmark Crescent into Marrett Way, Cranebrook.

RECOMMENDED

That:

1.   Council’s Traffic Engineers review Marrett Way, Cranebrook and its intersection with Goldmark Crescent for potential road and safety improvements.

 

2.   Council’s Traffic Engineers liaise with Busways about access issues for bus drivers on Marrett Way, Cranebrook when turning from Goldmark Crescent.

 

 

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

 

GB 4           The Northern Road, Londonderry - Police Presence and Enforcement of Posted Speed Limit   

Councillor Marcus Cornish advised that during 12 October 2020 Local Traffic Committee meeting, he requested Police presence and enforcement of the posted speed limit during the morning and afternoon peak hours on The Northern Road, Londonderry near the Northern Auto Wreckers business at 557 The Northern Road.

Councillor Marcus Cornish advised that he witnessed Police presence at the above location and expressed his thanks to Nepean Police Area Command for arranging this.

 RECOMMENDED

That Council’s Traffic Engineers advise Nepean Police Area Command of Councillor Marcus Cornish’s thanks expressed for Police presence and enforcement of the posted speed limit on The Northern Road, Londonderry near the Northern Auto Wreckers business at 557 The Northern Road.

 

GB 5           Thanks Expressed to Council's Traffic Engineering Officers         

Michael Alderton – Acting Engineering Services Manager expressed his thanks to Council’s Traffic Engineering Officers for their quality of work and complimented them on their preparation of the Local Traffic Committee reports.

Wayne Mitchell - Director Development and Regulatory Services (Chair) also expressed his thanks to Council’s Traffic Engineering Officers for their ongoing efforts and work during the COVID-19 impact.

RECOMMENDED

That the Committee note the information.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:53am.

 

 

RECOMMENDATION

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

 


Ordinary Meeting                                                                                         30 November 2020

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 9 November, 2020

 

 

 

WEBCASTING STATEMENT

Her Worship the Mayor, Councillor Karen McKeown OAM read a statement advising that Council Meetings are recorded and webcast.

PRESENT

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

 

APOLOGIES

Apologies were received for Councillors Bernard Bratusa and Aaron Duke.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 10 August 2020

The minutes of the Policy Review Committee Meeting of 10 August 2020 were confirmed.

 

DECLARATIONS OF INTEREST

 

Councillor Tricia Hitchen declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 – St Marys Town Centre Annual Report, as she is on the Board of the St Marys Town Centre Corporation.

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

1        St Marys Town Centre Annual Report                                                        

RECOMMENDED

That:

1.     The information contained in the report on St Marys Town Centre Annual Report be received

2.     Council receive information on the Annual Report and Audited Financial Statement for 2019-2020 of the St Marys Town Centre Corporation.

3.     Council endorse the St Marys Town Centre Corporation’s Key Performance Indicators for 2020-2021.

 


 

 

2        Think Bold Kingswood Place Plan                                                              

RECOMMENDED

That:

1.     The information contained in the report on Think Bold Kingswood Place Plan be received

2.     Council endorse the Think Bold Kingswood Place Plan

 

 

Outcome 7 - We have confidence in our Council

 

3        ARIC & Internal Audit Annual Reports                                                       

RECOMMENDED

That the information contained in the report on ARIC & Internal Audit Annual Reports be received.

 

 

 

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

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 9 November, 2020 be adopted.

 


Ordinary Meeting                                                                                         30 November 2020

 

REPORT AND RECOMMENDATIONS OF THE
 Resilience Committee MEETING

HELD ON 18 November, 2020

 

 

 

 

PRESENT

Councillor Karen McKeown OAM, Councillor Robin Cook, Councillor Kath Presdee, Andrea Connor, Carina Fernandes, Helen Ryan and Nevin Sweeney.

IN ATTENDANCE

Dr Sebastian Pfautsch – Western Sydney University, John O’Callaghan – JOC Consulting, Andrew Moore – Director Corporate Services, Jacklin Messih – Business Transformation Manager, Belinda Atkins – Sustainability and Resilience Lead, Andrew Hewson – Sustainability Education Officer, Lila Kennelly – Neighbourhood Renewal Coordinator.

 

APOLOGIES

Duncan Challen and Jeni Pollard.

 

CONFIRMATION OF MINUTES - Resilience Committee Meeting - 5 August 2020

The minutes of the Resilience Committee Meeting of 5 August 2020 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 5 - We care about our environment

 

1        Benchmarking Summer Heat in Penrith Report

Belinda Atkins introduced Dr Sebastian Pfautsch, Western Sydney University who presented the key findings from the Heat Sensor Project undertaken during the summer months of 2019/20, and highlighted the project recommendations provided in the Benchmarking Summer Heat Across Penrith Report. These recommendations will assist in addressing heat challenges and the urban heat island effect, and increase resilience to extreme heat through the implementation of cooling initiatives.

It was noted that these recommendations would be considered for inclusion in the Resilience Action Plan.

RECOMMENDED

That:

1.     The information contained in the report on Benchmarking Summer Heat in Penrith Report be received

2.     The presentation by Dr Sebastian Pfautsch, Western Sydney University be received, and that Dr Pfautsch be thanked for his work and collaboration with Council on this project.

 

2        Climate Change Risk Assessment Summary Report

Belinda Atkins provided an update on the Climate Change Risk Assessment and presented on the outcomes in the climate change risk table which incorporates 48 identified climate risks impacted predominately by extreme weather including fire, heatwave, and flood, as well as the final summary report. It was noted that the summary report provides five key risks and opportunities for further consideration, including the opportunity for the use of recycled water. The next steps will see the climate risks built into the corporate risk register and incorporated into the Resilience Action Plan.

RECOMMENDATION

That the information contained in the report on Climate Change Risk Assessment Summary Report be received.

 

3        Penrith Resilience Action Plan Engagement

Belinda Atkins introduced John O’Callaghan from JOC Consulting that Council engaged to conduct the community and stakeholder engagement process for the Resilience Action Plan. John presented the key findings from the various engagement methods including the community survey, the community/stakeholder/youth workshops, and led a facilitated discussion on opportunities to consider for inclusion in the plan. The plan will be drafted for further feedback in Jan/Feb 2021. Resilience Committee members can provide any additional comments and suggestions of actions for inclusion in the plan, via email, to Belinda Atkins.

RECOMMENDED

That:

1.     The information contained in the report on Penrith Resilience Action Plan Engagement be received

2.     The presentation by JOC Consulting be received and Resilience Committee Members provide input during the discussion session for inclusion in the draft Resilience Action Plan.

 

 

GENERAL BUSINESS

 

GB 1           Endeavour Energy PowerSavers Program

 

Belinda Atkins provided an update on the PowerSavers Program. Council commenced its partnership with Endeavour Energy in September 2020 to assist in promoting the PowerSavers App and the PeakSaver and AtHomeSaver programs to the community. The PeakSaver program targeting five suburbs within the LGA has been promoted via Facebook and through a joint letter to households. Thus far 660 households have registered to participate in PeakSaver which enables households to take part in challenges to reduce their energy use on days of peak use to assist in minimising the load on the electricity grid.


 

 

GB 2           Heat in Social Housing Project

 

Andrew Hewson provided an update on the Heat in Social Housing Project in partnership with Wentworth Housing and other key housing providers/stakeholders to assist tenants in social housing adapt to the heat over the summer months. Surveys and tenant workshops have been undertaken and factsheets, videos and other resources will be developed for tenants and staff of housing providers over the coming months.

 

GB 3           Community Gardens

 

Andrew Hewson provided information on recent enquires for community gardens at Emu Heights and Glenmore Park. The sites are both Council land and are currently being reviewed for suitability. Lila Kennelly noted that there is funding from the Department of Planning, Industry and Environment to undertake a demonstration project with garden beds in the Kingswood area.

 

GB 4           ReAnimate Penrith

 

Andrew Hewson presented on the partnership between the Sustainability and Resilience and Economic Initiatives teams, in working with artist Claire Foxton during ReAnimate, to create a Mural and 3D animation inspired by the natural environment and cooling elements. A short video is currently in production highlighting the City Park as a green cool refuge in the heart of the city that will connect the community and will feature cooling the city elements.

 

It was noted that a presentation on the City Park will be provided to the Resilience Committee in 2021.

 

GB 5           Cooling the City Initiatives Showcase

 

Belinda Atkins noted that the Cooling the City Masterclass won the Climate Change Adaptation Award at the Local Government Excellence in the Environment Awards 2020. To build on the success, leadership and outcomes of the Cooling the City Masterclass, key cooling the city initiatives including for ReAnimate, the living places/greening projects, the heat sensor project work, and resilient Penrith will be showcased through an online video series. This program will also incorporate a training session/expert webinar on urban heat and cooling the city principles in the context of best practice planning controls and sustainable urban design.

 

GB 6           Next Meeting Date

 

The next Resilience Committee Meeting will be held on Wednesday 17 February 2021.

 

The Chairperson, Councillor Karen McKeown OAM thanked committee members for their contribution to the Committee over the last 12 months.

 

There being no further business the Chairperson declared the meeting closed the time being 7:47 pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 18 November, 2020 be adopted.

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

Outcome 2 - We plan for our future growth

 

1        Draft Penrith Development Agreements Policy                                                                 1

 

2        Submission to Draft Cumberland Plain Conservation Plan                                               7

 

Outcome 3 - We can get around the City

 

3        Submission to exhibition of Environmental Impact Statement for Sydney Metro - Western Sydney Airport                                                                                                                  29

 

4        The Driftway, Londonderry - Memorandum of Understanding with Hawkesbury City Council                                                                                                                                           43

 

5        Naming of New Bridge Over Warragamba Pipeline - Craig Ross Bridge                       49

 

6        Mamre Road Upgrade - Stage 1 between the M4 Motorway, St Clair and Erskine Park Road, Erskine Park                                                                                                          51

 

Outcome 5 - We care about our environment

 

7        Emu Plains Overland Flow Flood Study                                                                          65

 

Outcome 6 - We are healthy and share strong community spirit

 

8        Review of the Protocol for Service Delivery to People Experiencing Homelessness     75

 

9        RFT20/21-09 Gipps Street Recreation Precinct Detailed Design and Construction Documentation                                                                                                                 86

 

10      RFT20/21-10 Sports Field Lighting at Various Sites                                                       90

 

Outcome 7 - We have confidence in our Council

 

11      Plan of Redefinition - Allen Place Carpark                                                                      97

 

12      Soper Place - Partial Road Closure                                                                               105

 

13      Easement for Water Supply - Lot 1 DP 566392 Factory Road Regentville                  108

 

14      Mayoral Charity Golf Day 2021 Nominated Charity                                                      111

 

15      Code of Conduct - Report on Complaints Statistics                                                      113

 

16      Organisational Finance Review - September 2020                                                       115

 

17      Summary of Investment & Banking for the Period 1 October 2020 to 31 October 2020 121


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                       Page

 

1        Draft Penrith Development Agreements Policy                                                                 1

 

2        Submission to Draft Cumberland Plain Conservation Plan                                               7

 

 

 

 



Ordinary Meeting                                                                                         30 November 2020

 

 

 

1

Draft Penrith Development 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

 

Previous Items:           Penrith Developer Infrastructure Agreements Policy- Ordinary Meeting - 27 Jul 2020    

 

Executive Summary

The draft Penrith Developer Agreements Policy (Policy) which provides a framework for the negotiation, preparation and approval of Voluntary Planning Agreements (VPA) and Works in Kind Agreement (WIKA) was endorsed by Council for exhibition in July 2020. The exhibition of the Policy concluded on 1 October 2020. Five submissions were received during the exhibition.

 

The submissions have been reviewed and as a result a number of amendments are recommended to be made to the Policy. It is recommended that the Policy is adopted for implementation and that the Policy also supersedes Council’s existing Works in Kind Policy.

 

Background

 

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 two more draft VPAs which will deliver approximately $25 million of local roads, parks, drainage and affordable housing.

 

Council currently has a WIKA Policy (2013), however currently we have no adopted policy for the way we negotiate and enter into VPAs. 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 of 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. An infrastructure agreement policy will increase public confidence on the integrity of the process and provide certainty to developers on Council’s expectations. The preparation of a development infrastructure agreements policy was recommended by Council’s Development Contributions Framework Review.

 

 

 

The Policy

 

The Policy was prepared with assistance from GLN Planning, who were also responsible for preparing Council’s Development Contributions Framework Review and Action Plan. Feedback and information were received from staff workshops and an industry forum during the preparation of the Policy and this has been considered in making the Policy. In addition, Council’s solicitors prepared templates for both agreement types and also provided advice on the draft Policy. The Policy is consistent with the draft Department of Planning, Industry & Environment Practice Note for Planning Agreements.

 

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, Voluntary Planning Agreements (VPA) and Works In Kind Agreements (WIKA). It is intended that the Policy will provide integrated requirements for both agreements rather than separate policies.

 

What will the Policy do?

The Policy details 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 Council’s existing WIKA Policy will be superseded by the 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.

 

Public Exhibition and Submissions

 

The draft Policy was publicly exhibited for 28 days from 3 September 2020 to 1 October 2020. The exhibition was advertised on Councils website, in the Western Weekender and on Council’s social media pages. A copy of the draft Policy was available for viewing on Council’s website.

 

A forum was held with stakeholders to inform the preparation of the policy. Those that had previously attended were directly notified of the exhibition and were invited to fill out a survey seeking specific feedback.

 

Four written submissions and one survey response were received. Submissions were received from developers based or working in Penrith Local Governmental Area (LGA) and from industry bodies. Key issues raised in the submissions include:

 

·    Bonds and security costs

Concerns security bond is too high.

Seeking mechanisms that allows for the automatic release of the security bond if Council fails to respond to a request for a defect rectification approval and release of bond within a certain lapse time.

·    Monitoring costs

Objections with a blanket 1% fee for monitoring and administering VPAs.

·    Timing of processes

Seeking Council to indicate the length of time for assessing and processing applications.

·    Consideration of Community Infrastructure Policy (CIP) for contributions credits

Allow contribution credits to be offered to development that delivers community infrastructure works and public benefit pursuant to clause 8.7 of Penrith Local Environmental Plan 2010 (as an obligation under Council’s Community Infrastructure Policy).

·    Requests for additional definitions

Including ‘defect’ and ‘community infrastructure policy’.

·    Clarification or amendment of certain provisions

Letter of offer requirements.

Seeking confirmation that Council cannot refuse or recommend refusal to a DA that relies upon the application of the density uplift provisions under Clause 8.7 of Penrith Local Environmental Plan 2010 on the sole basis that a VPA has not been entered into or that the developer has not offered to enter into a VPA.

Whether the costs of preparing or executing a VPA can be offset as contributions credits.

Timing of VPA being registered on the land title.

What is considered a maintenance defect.

Circumstances under which Council and/or the Sydney Western City Planning Panel will be party to the negotiation of a planning agreement.

 

A summary of the matters raised in the submissions and our response to these matters is provided in Attachment 1.

 

 

 

 

Proposed amendments to the draft policy

 

As a result of the review of submissions a number of amendments are proposed to the draft policy. The proposed amendments are listed in the table below.

 

Clause

Amendment

1.1

This section is updated to include further clarification in of how this policy relates to the Community Infrastructure Policy.

1.2

A slight amendment is proposed to the aim in order to clarify the intention of the aim.

 “(d) Work with developers who seek to provide infrastructure and public benefits for the community which go beyond meeting the impacts generated by their developments.”

2.2

The policy is updated to reflect that land dedication will not form part of a WIKA.

3.1

·    Update the flowchart to include our preference that letters of offer are exhibited with planning proposals.

·    Amend the flowchart to include steps for renegotiation.

·    Amend the flowchart to include when contribution credits will be available.

·    Amend flowchart to include when specifications should be requested.

4.1.1

·    Amend second dot point under VPAs:

“not approve development that is unacceptable on planning grounds because of public benefits offered by developers through the VPA process”

·    Update this section is to include the following note:

“note: Notwithstanding the above, where a development application is made in relation to Clause 8.7 of Penrith LEP 2010, a planning agreement is required in order to satisfy the inclusion of community infrastructure”.

4.5

Amend policy to include that in instance where the proposed VPA is minor, low cost or non-monetary, Council will work with the applicant to determine an appropriate administration fee.

4.8

Amend the policy to include the that the valuer is appointed with the agreement of all parties.

4.10

Amend policy to be consistent with the draft VPA template in respect to the registration of the VPA on title.

4.12

Amend policy to reflect the practical completion timeframes identified in the VPA template.

4.13

·    Amend the definition of maintain to be consistent with clause 4.13.

·    a note is included in clause 4.13 to indicate that the agreement will require the developer to submit a maintenance schedule, which shall set out the proposed maintenance works.

4.17

Amend policy to indicate that Council would provide written justification where Council does not support novation.

5.1 (e)

Amend policy to ensure that this clause is interpreted to not cover the maintenance of ‘essential’ or ‘business as usual’ infrastructure.

5.4

Amend policy to delete the last sentence of this clause.

5.11

The second sentence is amended to “Changes to the approved development...

6

Amend policy to indicate where Council may consider offsets to alternative infrastructure categories.

Definitions

Definitions are to be included in the policy for ‘Community Infrastructure’, ‘Community Infrastructure Policy’ and ‘Defect.’

VPA template Clause 9.2

This clause is to be amended to be consistent with the security requirements of the Policy.

VPA template Clause 11.2(b)

The VPA template is amended to indicate that monetary contribution is made at construction certificate or subdivision certificate stage.

 

In addition to the above amendments, the following is also proposed to be amended:

·    any grammatical and formatting errors.

·    specification responsibilities.

·    VPA flowchart to include additional information for interpretation.

·    Removal of a clause in the VPA template that was inconsistent from VPA template.

 

A copy of the amended policy and template are provided in Attachment 2.

 

Financial Implications

 

The Penrith Development Agreements Policy includes a 1% fee for monitoring and administering of VPAs. This is to be amended to allow Council to work with applicants to determine an appropriate administration fee where the VPA is minor, low cost or non-monetary.

 

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 that will 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 draft Policy was publicly exhibited, and five submissions were received. The submissions have been extensively reviewed and considered and as a result a number of amendments are proposed. Adoption of the draft Policy is sought in order to commence its implementation.

 

Next Steps

 

Upon adoption of the Policy, a notice will be placed on Council’s website and the Western Weekender Newspaper advising of the adoption of the Policy and that it supersedes Council’s existing Works In Kind Policy.

 

RECOMMENDATION

That:

1.     The information contained in the report on Draft Penrith Development Agreements Policy be received

2.     The draft Penrith Development Agreements Policy be adopted, with the amendments proposed in this report.

3.     The draft Penrith Development Agreements Policy supersede Council’s existing Works in Kind Policy.

4.     A notice be placed on Council’s website and the Western Weekender Newspaper to inform the community of the Policy being adopted.

5.     The Policy be made publicly available on Council’s website.

 

 

ATTACHMENTS/APPENDICES

1.

Consideration of matters from submissions

14 Pages

Attachments Included

2.

Penrith Developer Infrastructure Agreement Policy (as amended)

110 Pages

Attachments Included

  


Ordinary Meeting                                                                                         30 November 2020

 

 

 

2

Submission to Draft Cumberland Plain Conservation Plan   

 

Compiled by:               Elizabeth Hanlon, Senior Planner

Anthony Price, Environmental Health Coordinator

Authorised by:            Kylie Powell, Director - City Futures

Natasha Borgia, City Planning Manager

Wayne Mitchell, Director - Development and Regulatory Services  

 

Outcome

We plan for our future growth

Strategy

Protect the City’s natural areas, heritage and character

Service Activity

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

      

 

Executive Summary

The Department of Planning, Industry and Environment is developing a conservation plan for Western Sydney to support the delivery of housing, jobs and infrastructure while protecting important local and regional biodiversity over the next 36 years to 2056.  The draft plan, known as the draft Cumberland Plain Conservation Plan (CPCP), was placed on exhibition from 26 August 2020 to 2 November 2020 (extended twice) for community and stakeholder feedback.

 

On 9 October 2020, a draft submission was lodged with the Department to meet the then closing date for submissions.  The draft submission raised a number of concerns and comments, which are discussed in this report.  The draft submission also advised that a final submission would be made once the draft CPCP had been fully reviewed and reported to Council for its consideration.

 

Penrith City has a diverse range of native species and ecological communities, many of which are listed for protection under NSW and Commonwealth biodiversity legislation. Our City contains about 17% of the remaining 6% of remnant native vegetation on the Cumberland Plain, much of which occurs on private land outside conservation reserves.  Given the CPCP will set the strategic direction for managing and offsetting the impacts on biodiversity from major urban development for the next 36 years, it is imperative the CPCP recognises and protects the most significant and high value biodiversity areas of our City and the region.

 

The report discusses the implications of the draft CPCP for our City.  It recommends that the final submission express Council’s ongoing concerns with the draft CPCP and the need for further work to be undertaken to respond to those concerns, particularly in relation to the impacts of the proposed E2 zones on property owners; the lack of ground-truthing; the process for monitoring the delivery of the CPCP to ensure offsets are provided commensurate with development; and the relationship between biodiversity controls in the proposed SEPP and Penrith LEP 2010.  The report also recommends that the final submission indicate that, until this further work is undertaken, Council does not support these aspects of the CPCP.

Background

The Western Parkland City is projected to grow from 740,000 people in 2016 to 1.1 million by 2036, and to well over 1.5 million by 2056. To deliver a liveable Western Parkland City, it will be critical to include dedicated areas to protect the region’s many unique native plants and animals and publicly accessible open and green spaces for local communities to enjoy. 

 

The Department of Planning, Industry and Environment (the Department) is developing a conservation plan for Western Sydney, known as the Cumberland Plain Conservation Plan (CPCP), to support the delivery of housing, jobs and infrastructure while protecting important local and regional biodiversity over the next 36 years to 2056.  The CPCP covers an area of around 200,000 hectares, spanning across eight local government areas including Wollondilly, Camden, Campbelltown, Liverpool, Fairfield, Penrith, Blacktown and Hawkesbury.  It contains 28 commitments and 141 actions designed to improve ecological resilience and function and offset the biodiversity impacts of housing and infrastructure development.  When approved, the CPCP will provide biodiversity approvals under the NSW Biodiversity Conservation (BC) Act 2016 and Commonwealth Environment Protection and Biodiversity Conservation (EPBC) Act 1999 in four nominated areas for urban development including the Greater Penrith to Eastern Creek (GPEC) Investigation Area and the Western Sydney Aerotropolis (the Aerotropolis).  The CPCP will also provide NSW and Commonwealth biodiversity approvals for major infrastructure corridors in the Western Parkland City.

 

Penrith City has a diverse range of native species and ecological communities, many of which are listed for protection under the BC Act and EPBC Act.  Our City contains about 17% of the remaining 6% of remnant native vegetation on the Cumberland Plain.  Our City is also unique in that significant areas of remnant native vegetation occur on private land outside conservation reserves.  The remnant native vegetation communities of the Cumberland Plain play an integral role in preserving biodiversity within our local government area (LGA) and the region.  Biodiversity is integral to achieving the aims of various local and regional strategies and plans including:

•     Penrith Local Strategic Planning Statement;

•     Council’s Cooling the City Strategy; and

•     Greater Sydney Commission’s vision for the Western Parkland City and the Blue Green Grid.

 

As the CPCP will set the strategic direction for managing and offsetting development impacts on biodiversity from major growth areas and infrastructure corridors for the next 36 years, it is not something to be considered lightly as development impacts on biodiversity within our City and region cannot be reversed.  It is therefore imperative the CPCP delivers the necessary protections to ensure the most significant and high value biodiversity areas of our City (and region) are protected, enhanced and appropriately managed into the future.

 

In developing the CPCP, the Department has engaged with the community, councils, industry and other key stakeholders since 2018.  This engagement has included community drop-in sessions across Western Sydney and workshops and meetings with key stakeholder groups.  Feedback was also sought through an online survey and mapping tool.  Targeted information sessions and workshops were held with Western Sydney’s Aboriginal community and Local Aboriginal Land Councils.  The Department also established a People’s Panel (comprised of randomly selected community members, with at least two representatives from each local government area in the Plan area), as well as a Community Reference Group (chaired by the Total Environment Centre and comprised of expert representatives from a range of environmental, Aboriginal, landscape profession and scientific groups in Western Sydney).

 

Councillors were provided details on the Department’s engagement with Council officers in a memorandum dated 23 September 2020. This memorandum indicated that this engagement has not been extensive. In particular, while a pre-exhibition briefing was provided by the Department broadly outlining the draft CPCP and the exhibition documents and supporting tools, details of the draft CPCP were only made available to officers at the commencement of the exhibition period.

Current Situation

The draft CPCP was placed on public exhibition by the Department from 26 August 2020 to 2 November 2020 (the closing date was extended twice from its original date of 25 September 2020).  The exhibition documents included:

•     Draft Cumberland Plain Conservation Plan (142 pages)

•     Highlights of the Draft Cumberland Plain Conservation Plan – provides a high-level overview of the draft CPCP (32 pages)

•     Sub-Plan A: Conservation program and implementation - details the draft CPCP’s conservation program including specific commitments and actions for realising the CPCP’s vision and an implementation framework (202 pages)

•     Sub-Plan B: Koalas - outlines the conservation program to protect and manage koalas and their welfare and habitat (56 pages)

•     Explanation of Intended Effect - explains the content of a proposed new State Environmental Planning Policy (SEPP) and describes the planning measures and mechanisms to support strategic conservation planning in Western Sydney (16 pages)

•     Draft Cumberland Plain Assessment Report - outlines the assessment of impacts of proposed urban and infrastructure development on biodiversity and other values, to meet the statutory requirements for Commonwealth strategic assessment and NSW strategic biodiversity certification (3256 pages)

•     Summary Assessment Report – provides a high-level summary of the Assessment Report (39 pages).

 

The exhibition also included:

•     A Spatial Viewer to help landholders understand how their land is affected by the draft CPCP

•     Fact Sheets

•     Frequently asked questions (FAQs).

 

At Council’s request, representatives from the Department’s Green and Resilient Places Division provided briefings to Councillors on the draft CPCP on 21 September and 28 October 2020.

To meet the Department’s closing date of 9 October 2020 (the closing date for the first extension and prior to the Department extending the exhibition for a second time to 2 November 2020), a draft submission was lodged.  The draft submission was informed by Councillor feedback from the briefing of 21 September 2020.  The concerns and comments raised in the draft submission are discussed in this report and are proposed to be included in the final submission, except where further information has since been provided to address those concerns or comments.

Discussion

The following issues (numbered and in italics) are proposed to be included in the final submission to the Department.

 

Draft CPCP:

1.   The draft CPCP is a strategic biodiversity assessment and not a holistic biodiversity conservation plan for the Cumberland Plain

The draft CPCP is essentially a strategic biodiversity assessment providing biodiversity approvals under the BC Act and EPBC Act for urban development in four nominated areas including the GPEC Investigation Area and the Aerotropolis, as well as for major transport corridors, including the Western Sydney Freight Line corridor and the Outer Sydney Orbital corridor.  It should therefore be referred to as a strategic biodiversity assessment for these growth areas and corridors, which includes a targeted conservation plan for some areas within the Cumberland Plain.  It is considered the draft CPCP does not take a holistic approach to biodiversity on the Cumberland Plain given it does not build on the previous work undertaken by the State Government to identify and protect areas of high biodiversity value and excludes:

•     Parts of the priority conservation lands identified in the 2011 Cumberland Plain Recovery Plan.  These areas were described as “the highest priority for future action to conserve threatened biodiversity” and representing "the best remaining opportunities in the region to maximise long-term biodiversity benefits for the lowest possible cost, including the least likelihood of restricting land supply";

•     Some of the priority investment areas identified on the 2015 Biodiversity Investment Opportunities (BIO) Map that are important at a state or regional level for investment in biodiversity outcomes; and

•     Some of the land with high biodiversity value identified on the current Biodiversity Values Map (BV Map), introduced in 2018 and used as one of the triggers for determining whether the Biodiversity Offset Scheme applies to a clearing or development proposal.

This previous work would be expected to be more fully reflected in the 2020 draft CPCP if it were a holistic conservation plan for the Cumberland Plain.

 

2.   Land with high biodiversity value not being included as strategic conservation area

The draft CPCP identifies land as ‘strategic conservation area’, which represents areas having important biodiversity value for the Cumberland Plain.  The strategic conservation area includes areas with large remnants of native vegetation, areas providing important connectivity across the landscape and areas with ecological restoration potential.  It is described as representing the area of greatest strategic value to deliver long-term conservation outcomes in the Cumberland subregion, and which has the vegetation communities needed to offset biodiversity impacts.

Council officers are aware there are sites with high biodiversity value within the Penrith LGA that have not been identified by the draft CPCP as strategic conservation area, or otherwise available for conservation.  These sites need to be considered for inclusion upfront, so they do not miss out on any investment opportunity for conservation. Blue Green Grid investigations in our LGA are currently being undertaken to provide further details/evidence of sites with high biodiversity value and to confirm important connections between areas of native vegetation. This work already identifies areas of high biodiversity value that should be considered as strategic conservation area.

Further, there is a concern that some privately owned large land parcels (e.g. large and significant land parcels in the north of the Penrith LGA) which contain remnant vegetation of high biodiversity value are excluded from the strategic conservation area.  Some of these land parcels form valuable east-west landscape biodiversity corridor connections. 

 

3.   Limited opportunities for new conservation lands in the future given the limited extent of strategic conservation area in the Penrith LGA

The draft CPCP proposes that new conservation lands will be identified in the future; however, it is intended that these will be selected from the strategic conservation area.  Given the extent of strategic conservation area in the Penrith LGA is limited (i.e. 1,375ha of the total 28,300ha proposed), the opportunities for new conservation lands will also be limited.

 

4.   Missed opportunities to create corridors and conserve land on smaller land holdings

The draft CPCP has missed a number of opportunities:

•     To create corridors that link areas of important remnant vegetation as part of the strategic conservation area; e.g. a corridor that extends north and northeast of the Agnes Banks Nature Reserve to remnant vegetation to the north of The Driftway in the Hawkesbury LGA or a corridor from the Mulgoa Valley to the Orchard Hills Defence site;

•     To include land with high biodiversity values that could attract offsets and funds for ongoing management, e.g. some of the large land parcels in the north of the LGA;

•     To provide an incentive to landholders with smaller sites to conserve remnant vegetation given sites of less than 20ha will not be considered for offsets.  Small landholders are effectively excluded from offering their land as offset sites, as they are generally less than 20ha and identified in the spatial viewer as ‘avoided’ lands.  There does not appear to be a mechanism or incentive for smaller landholders to consolidate high biodiversity land for conservation.  Providing smaller landholders with opportunities to do this can help to prevent further fragmentation and degradation of high biodiversity value land; and

•     To protect actual remnant Cumberland Plan Woodland (CPW) community types as they appear to be under-represented in identified strategic conservation lands within the LGA.

 

5.   Use of certain types of land as offset sites

The draft CPCP indicates that areas owned by the State Government and councils could be used as offset sites.  While this may be appropriate in some circumstances, often these lands are not likely to be developed and already provide some protection of remnant vegetation.  Priority should not be given to lands that have ongoing conservation funding for offset sites.  Offset sites should be sourced as a priority from lands that have little or no protection to make the draft CPCP more ‘valuable’ to landholders and to achieve better biodiversity conservation outcomes.

6.   Staging of works and offsets milestones

There needs to be further clarification in relation to safeguards in the draft CPCP to ensure offsets are obtained in a logical and staged manner.  Currently, it appears there are no stop points (milestones), which in effect means all the development can occur without any credits being retired to offset the impacts associated with the development.  Given the CPCP is stated to run until 2056, it could be a long time for the biodiversity gains to be realised. The staging and implementation of biodiversity outcomes needs to be commensurate with the level of development permitted relying on offsets.

Several procedural protections (e.g. as imposed in the Western Sydney Growth Centres SEPP) have not been adopted, leaving significant scope for adverse consequences. In particular:

•     The budget has not been locked in;

•     There is no staging – which essentially approves all clearing up-front without needing to demonstrate the satisfaction of offset requirements prior to new stages commencing; and

•     There is considerable discretion in general over what is delivered as offsets.

 

7.   Areas of land actually ground-truthed

Only a very small portion (perhaps less than 1%) of the Cumberland Plain has been ground-truthed as part of the CPCP’s development.  Without ground-truthing the areas that will be impacted or conserved, it is very difficult to know what the true impact of development will be (and therefore what the required offsets will be) or if there are enough sites/credits available to offset impacts. 

Further, the impacts on endangered species (as opposed to endangered ecological communities) are very hard to predict without ground-truthing.  This is because the presence or absence of a particular plant or animal in the Cumberland Plain is very hard to predict based on soils, geology and topographical information.

8.   Procedural issues

Unlike previous bio-certification programs, the CPCP seeks to lock-in urban development in the nominated areas without full and concurrent assessment of other planning considerations.  For example, without knowing the extent and form of urban development proposed in parts of the GPEC Investigation Area, it is difficult to know the true impacts of development and the necessary offset requirements.

9.   Confluence Reserve Investigation Area

To help deliver on the CPCP’s commitment to secure at least 5,475ha of native vegetation in new conservation lands, the State Government proposes to establish three new public reserves.  One of those reserves, currently under investigation for feasibility, is the Confluence Reserve Investigation Area covering about 600ha in the Hawkesbury LGA.  The draft CPCP indicates that this area has been identified because it would provide an opportunity to restore CPW and River-Flat Eucalypt Forest communities while providing a connection between Wianamatta (South Creek) and existing nature reserves.  The draft CPCP also indicates that up to 365ha of cleared land will be targeted for restoration.

The proposed priority given to the Confluence Reserve Investigation Area as a conservation/offset area is confusing given it is largely a highly degraded area, with minimal existing biodiversity value.

There is clear evidence planting of trees, no matter what the number/type of species mix used, will not result in the formation of CPW (or other vegetation community types) in the future.  While the planting of trees may improve general amenity, the vegetation community created will not have the intrinsic ecological values of CPW.  The preservation and restoration of even low-quality remnant CPW will give better biodiversity gains than seedlings planted in farm paddocks. 

If this area is to be used for offsetting, it should be for establishing landscape corridor links to other areas of remnant vegetation.  However, in terms of hierarchy of conservation opportunities, replanting vacant farmland should only be considered where more feasible conservation outcomes to protect and conserve higher biodiversity value lands has been first achieved.

10. Hierarchy of land conservation

The draft CPCP outlines the steps that will be used to identify, select and secure offsets for new conservation lands.  While the steps reflect spatial and ecological priorities, it is recommended that the CPCP also enunciate priorities in relation to the type of landholdings and vegetation quality.  For example:

•     Highest Priority – Large landholdings with high quality vegetation;

•     Medium Priority – Smaller landholdings with high quality vegetation OR larger land holdings with medium quality vegetation;

•     Low Priority – Landholdings with poor quality vegetation;

•     Lowest Priority – Heavily degraded landholdings such as farm paddocks or market gardens where new plantings will occur. 

In addition, differentiation between Strategic Conservation Areas and Strategic Restoration Areas would be desirable.  It is suggested that a layer in the spatial viewer could be included to clearly show proposed restoration areas, as distinct from strategic conservation areas, given the CPCP proposes 25% of the conservation target will come from restored lands.

11. Interaction of CPCP with Biodiversity Conservation Act

There is a concern about how the BC Act and its offsetting regime will be impacted by the way conservation investment will be targeted at the strategic conservation area identified in the draft CPCP (of which there is very little identified in the Penrith LGA).  In particular, there is a concern about potential inequality in the offset market developing, with credits for land outside of the strategic conservation area being devalued by the market primarily seeking offsets within land identified by the CPCP as strategic conservation area. 

12. Resourcing

The draft CPCP proposes to fund two part-time Aboriginal Officers, three full-time Biodiversity Education Officers and three Council-based Compliance Officers to support the administration of the CPCP.  However, given the scale of the CPCP and the work that will be involved, this is considered minimal.  Further details on resourcing the administration of the CPCP is needed prior to finalising the CPCP.

13. Community Education and Engagement

The need to build community knowledge and awareness of the biodiversity value of the Cumberland Plain is strongly supported.  However, there is little information on what resourcing assessment has been carried out to determine the delivery of this aspect of the CPCP.

In addition, the CPCP seems to focus on the broader community in terms of engagement, education, and building capacity and knowledge.  There is no mention of the need to educate and build capacity within the development industry.  It is recommended that the CPCP incorporate building knowledge and capacity of industry and developers in relation to ecologically sensitive design and biodiversity sensitive urban design.

14. Compliance and Enforcement

There is little information provided on the compliance and enforcement framework proposed to ensure the objectives of the CPCP are delivered.  The compliance framework needs to be clearly documented and available prior to finalising the CPCP.

15. Monitoring, Evaluation and Review

There needs to be a clear process of regular monitoring, evaluation and review to ensure that offsets are obtained when necessary, and to take account of further submissions, ground-truthing and other assessments, and illegal clearing.  The monitoring, evaluation and review framework needs to be clearly documented and available prior to finalising the CPCP.

16. CPCP Governance Body and Accountability

Further details on the governance framework, constitution, terms of reference and representation need to be provided.  It is essential there is adequate local government representation from each of the affected LGAs on this body.

Clear lines of responsibility and accountability need to be outlined in the CPCP.  Currently, there is only a broad statement that the “…department is the responsible agency…”.  More detail is required in this regard.

Proposed Legislation and Guidelines to support the CPCP:

Proposed SEPP

To support the delivery of the CPCP, a new SEPP on Strategic Conservation Planning is proposed by the Department.  The SEPP will include objectives and planning controls that include:

•     requirements to ensure that urban development in the nominated areas (GPEC and Aerotropolis) occurs on the certified-urban capable land identified in the CPCP;

•     requirements to ensure that asset protection zones are located wholly within urban capable land;

•     proposed E2 Environmental Conservation zones in the nominated areas (GPEC and Aerotropolis) to protect ‘avoided land’ identified in the CPCP; e.g. land identified as having high-value biodiversity or riparian corridors.  Only ‘environmental protection works’ and ‘flood mitigation works’ will be permitted, with consent, in the proposed E2 zones.  Where an E2 zone already exists under Penrith Local Environmental Plan (LEP) 2010, the proposed E2 zone will prevail, given the SEPP’s E2 zone and the LEP’s E2 zone are inconsistent;

•     requirements for consent to clear native vegetation on avoided land and on land identified as strategic conservation area; and

•     controls for the strategic conservation area, including matters relating to biodiversity values that Council must consider when assessing development applications.  These controls will not apply to land owned or under claim by Local Aboriginal Land Councils (LALCs).  The Department has advised that it is working with the Deerubbin LALC through an independently brokered process in relation to its lands.  It is also noted that the draft CPCP proposes to develop a 10-year Engagement and Implementation Strategy to implement the CPCP in partnership with Aboriginal people.

The SEPP will also include acquisition clauses to create new public reserves or national parks.  Although there are no proposals to acquire land in the Penrith LGA, these clauses will be included in the SEPP to support the acquisition process over the life of the CPCP.  The Department has advised that this will be subject to available funding and consultation with community and key stakeholders.

The Department is also considering the inclusion of a clause in the SEPP for land that adjoins secured conservation land.  This clause would require Council to consider the environmental impacts of the proposed development on the future reserve when assessing an application.

17. Implications of proposed SEPP on existing Local Environmental Plan (LEP) controls and the fragmented approach to protecting and managing biodiversity

While the SEPP will prevail over LEP controls where there is an inconsistency, there is a concern about the extent of inconsistencies and the SEPP and LEP controls not complementing each other.  For example, the SEPP’s E2 zone boundaries generally do not align with the LEP’s E2 zone boundaries where they apply in the same location.  Consequently, some properties will have three zones once the SEPP is made; e.g. SEPP E2 zone, LEP E2 zone and LEP RU2 zone for certain properties in Orchard Hills.  Given the objectives of the E2 zones are similar, it would be more appropriate and less confusing to either rely on existing E2 zone boundaries or propose a SEPP that completely replaces the existing E2 zone in the LEP to avoid circumstances where there are two E2 zones.  Once the SEPP is made, Council will potentially need to spend additional time and resources on amending its LEP to align the two planning instruments.

Another example of inconsistency is where the boundaries of the SEPP’s strategic conservation area do not align with the boundaries of the LEP’s E2 zones or natural resources sensitive land; e.g. for certain properties in the Mulgoa Valley and Agnes Banks/Londonderry.  Consequently, there will be various biodiversity/vegetation controls and considerations applying to land in the Penrith LGA depending on whether the land is zoned E2 or identified as strategic conservation area or natural resources sensitive land. 

This situation will result in a fragmented approach to the protection and management of biodiversity within the LGA and potential for confusion.  Further, as the SEPP does not build on existing E2 zones and areas identified as natural resources sensitive land in Penrith LEP 2010, there is a concern the SEPP will potentially weaken these existing LEP controls.

A further area for potential confusion is the relationship of the proposed SEPP with existing SEPPs.  With environmental protection works and flood mitigation works being the only land uses permitted in the SEPP’s E2 zones, clarification is needed on whether the SEPP (Infrastructure) 2007 prevails over the proposed SEPP.  Clarification is also needed on the relationship between the proposed SEPP and the SEPP (Western Sydney Aerotropolis) 2020, including whether the SEPP’s E2 zones will replace parts of the existing Environment and Recreation zone under the Aerotropolis SEPP.

18. Properties proposed to be entirely zoned E2 Environmental Conservation

While existing use rights will apply to land zoned E2 once the SEPP is made, there are 16 properties in the LGA that are proposed to be entirely zoned E2 under the SEPP.  This is not supported.  If properties are to be entirely zoned E2, appropriate compensation must be provided, or the properties acquired.  This is particularly the case for properties that are yet to be developed.

Zoning entire properties E2 is also considered to be inconsistent with the Department’s own LEP Practice Note PN 09-002 which states, in relation to E2 zones, that: “Councils should be aware that uses should not be drawn too restrictively as they may, depending on circumstances, invoke the Land Acquisition (Just Terms Compensation) Act 1991 and the need for the Minister to designate a relevant acquiring authority”.  As the SEPP proposes to only permit environmental protection works and flood mitigation works in the E2 zone, it is considered that zoning properties entirely E2 would be too restrictive and trigger the need for acquisition.  The Department raised this issue with Council during the preparation of Penrith LEP 2010 when spilt zonings, involving E2 zones, were proposed over properties in the LGA.

In response to concerns raised about the financial implications of the proposed E2 zones, the Department has indicated that biodiversity stewardship agreements may provide an opportunity for landholders to make a financial return from their biodiversity.  However, the ability to do this is not clear given these agreements are generally not encouraged on properties less than 20ha by the Biodiversity Conservation Trust.

19. Proposed E2 zones in Council nominated urban investigation areas

The SEPP proposes E2 zones over land that is subject to the Glenmore Park Stage 3 Planning Proposal and the Orchard Hills North Planning Proposal.  These Planning Proposals, however, have identified E2 zones based on site-specific biodiversity assessments, including ground-truthing.  While there are similarities between the E2 zones proposed in the Planning Proposals and those proposed under the SEPP, they do not align.  It is therefore recommended that the SEPP’s E2 zones be amended to be consistent with the E2 zones in the Planning Proposals, given the site-specific biodiversity assessments undertaken.

20. Buffers

It is important that buffers are established between conservation lands and development to prevent degradation impacts on adjoining conservation land.  Therefore, the inclusion of a clause in the SEPP for land that adjoins secured conservation land is supported.  The incorporation of buffer requirements within proposed Development Control Plans (DCPs) (discussed below) is also recommended.

Ministerial Direction

A Ministerial Direction under section 9.1 of the Environmental Planning and Assessment Act 1979 is proposed as part of the new legislation.  The Direction will apply when a planning proposal is prepared for avoided land within the nominated areas (GPEC and Aerotropolis) and will require Council to ensure that the objectives of the E2 zone are met.  The Direction will also apply when a planning proposal would result in an intensification of land use in the strategic conservation area and will require Council to consider the impacts on strategic biodiversity values.

No specific comments are proposed to be made in relation to the Ministerial Direction.

Guidelines

Guidelines to manage the impacts of infrastructure development on biodiversity matters protected under the BC Act and EPBC Act are also proposed.  The guidelines are designed to ensure that infrastructure, such as water supply systems, electricity generating works or telecommunications facilities, avoids, minimises, mitigates and offsets impacts on biodiversity in the nominated areas (GPEC and Aerotropolis).  The guidelines will also include matters for consideration for infrastructure proposed in the strategic conservation area.

No specific comments are proposed to be made in relation to these guidelines.

DCP controls

The exhibition material indicated that the Department is proposing to work with councils to introduce development controls in DCPs to protect biodiversity, specific species and other key environmental features in nominated areas. 

On 9 October 2020, the Department provided a DCP Template to councils inviting feedback by 30 October 2020.  Feedback has been provided and included the following comments:

•     Feedback on the DCP Template is provided to assist in progressing this matter and does not diminish the concerns raised in Council’s draft submission on the draft CPCP;

•     Clarification is needed on where the Template controls are proposed to be applied.  (The Department made statements in the invitation for feedback which appeared to be inconsistent with those in the exhibition material in relation to the application of the controls);

•     Clarification is needed on how the controls are to be incorporated into Council’s DCP, given this is a Council led document, and whether all or only some controls are to be incorporated.

Detailed comments on specific controls are also included in the feedback.

Final Submission:

While the final submission to the Department will acknowledge the significant amount of work undertaken to develop the draft CPCP, it is proposed to express Council’s ongoing concerns with the draft CPCP and the need for further work to respond to those concerns, particularly in relation to the impacts of the proposed E2 zones on property owners; the lack of ground-truthing; the process for monitoring the delivery of the CPCP to ensure offsets are provided commensurate with development; and the relationship between biodiversity controls in the proposed SEPP and Penrith LEP 2010.  Until this further work is undertaken, it is proposed that Council not support these aspects of the CPCP.

The final submission will detail all the issues (numbered and in italics) discussed in this report.  The final submission is included as Appendix 1.

Financial Implications

There are no immediate financial implications for Council as a result of making a submission to the Department of Planning, Industry and Environment on the draft CPCP.  However, there may be financial implications once the CPCP is finalised in terms of Council’s roles and responsibilities in implementing the CPCP.  While the Department proposes to provide funding to assist Council with community engagement, education and compliance programs, the full details of this funding are not yet available.

Risk Implications

If Council does not provide a final submission to the Department on the draft CPCP, the risk is that Council’s concerns and comments will not be fully understood and considered in finalising the CPCP, including ensuring the CPCP recognises and protects the most significant and high value biodiversity areas of our City and the region.

Conclusion

The Department is developing the CPCP to support the delivery of housing, jobs and infrastructure in Western Sydney while protecting important local and regional biodiversity over the next 36 years.  When approved, the CPCP will provide biodiversity approvals under NSW and Commonwealth legislation in four nominated areas for urban development including the GPEC Investigation Area and the Western Sydney Aerotropolis.  The CPCP will also provide NSW and Commonwealth biodiversity approvals for major infrastructure corridors.

 

A draft CPCP was recently placed on exhibition for community and stakeholder feedback.  A draft submission was lodged raising a number of concerns and comments, which are discussed in this report.  These concerns and comments are proposed to be included in a final submission on the draft CPCP.

 

It is recommended that the final submission express Council’s ongoing concerns with the draft CPCP and the need for further work to be undertaken to respond to those concerns.  It is also recommended that the final submission indicate that, until this further work is undertaken, Council does not support these aspects of the CPCP.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Submission to Draft Cumberland Plain Conservation Plan be received

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

 

 

ATTACHMENTS/APPENDICES

1.

Final Submission to Cumberland Plain Conservation Plan

8 Pages

Appendix

  


Ordinary Meeting                                                                                                       30 November 2020

Appendix 1 - Final Submission to Cumberland Plain Conservation Plan

 

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 Outcome 3 - We can get around the City

 

Item                                                                                                                                       Page

 

3        Submission to exhibition of Environmental Impact Statement for Sydney Metro - Western Sydney Airport                                                                                                                  29

 

4        The Driftway, Londonderry - Memorandum of Understanding with Hawkesbury City Council                                                                                                                                           43

 

5        Naming of New Bridge Over Warragamba Pipeline - Craig Ross Bridge                       49

 

6        Mamre Road Upgrade - Stage 1 between the M4 Motorway, St Clair and Erskine Park Road, Erskine Park                                                                                                          51

 

 

 

 

 

 



Ordinary Meeting                                                                                         30 November 2020

 

 

 

3

Submission to exhibition of Environmental Impact Statement for Sydney Metro - Western Sydney Airport   

 

Compiled by:               Hendrik Van leperen, Integrated Transport and Planning Lead

Authorised by:            Kylie Powell, Director - City Futures

Carlie Ryan, Manager - City Strategy  

 

Outcome

We can get around our city

Strategy

Improve passenger and freight transport connections in the region

Service Activity

Support the work of the Federal and State Government in delivering Stage 1 of the North South rail link in time for the opening of Western Sydney Airport

      

 

Executive Summary

Sydney Metro is seeking approval from the NSW and Australian Governments for the construction and operation of Sydney Metro – Western Sydney Airport (SMWSA). The Environmental Impact Statement (EIS) provides the assessment required under both NSW and Commonwealth legislation. The EIS for the SMWSA is currently on public exhibition and the community is invited to make submissions until 2 December 2020.

The EIS assesses the operation and construction of SMWSA for environmental issues and identifies strategies to avoid, mitigate and manage potential impacts to the environment and the community.

At a Councillor Briefing on 16 November 2020 councillors provided feedback on initial concerns and comments raised by Council staff to be addressed in Council’s submission.

This report discusses the implications of the proposed construction and operation of the new metro line for our City. It recommends that the submission express Council’s support for the project and the need for further amendment and refinement of the EIS to respond to concerns in relation to the construction impacts, and the planning and delivery of future station precincts to ensure the best possible outcomes for our current and future community.

Background

Council has been a leading advocate for the North South Rail Link since 2015, with a long-term vision to connect Western Sydney from Schofields in the north to Macarthur in the south. Sydney Metro - Western Sydney Airport (SMWSA) is a transformational project with the potential to deliver Council's long-held vision of a 30-minute city; stimulating growth in housing and employment, improving access to local jobs, health and education opportunities and a better work-life balance for residents.

As part of the Western Sydney City Deal, the Australian and NSW Governments committed to deliver the SMWSA (Stage 1 of the North South Rail Link) from St Marys to the Western Sydney Aerotropolis via Western Sydney International (Nancy-Bird Walton) Airport. The final business case was presented to both Governments in early 2020 and is currently under consideration for investment.

A Scoping Report to support an application for assessment and approval of the SMWSA project was released by Sydney Metro on 1 June 2020 with stations announced at St Marys, Orchard Hills, Luddenham Road, the Western Sydney Airport Business Park, Western Sydney Airport Terminal and Western Sydney Aerotropolis. On 13 September 2020 Sydney Metro published a project overview booklet confirming the exact station locations and construction sites for the SMWSA in conjunction with commencement of property acquisition.

At Council’s request, representatives from Sydney Metro provided briefings to Councillors on the EIS on 19 October and 16 November 2020. Councillors provided feedback on initial concerns and comments raised by Council staff at the briefing of 16 November 2020 to be addressed in Council’s submission. The concerns and comments raised in the draft submission are discussed in this report and are proposed to be included in the final submission.

The EIS for SMWSA is on public exhibition until 2 December 2020.

Current Situation

The EIS assesses the operation and construction of SMWSA for environmental issues and identifies strategies to avoid, mitigate and manage potential impacts to the environment and the community.

Based on the review of the EIS documents, Council is supportive of the Sydney Metro project. SMWSA is a transformational project with the potential to deliver Council's long-held vision of a 30-minute city; stimulating growth in housing and employment, improving access to local jobs, health and education opportunities and a better work-life balance for residents.

While broadly supportive, there is a need for further amendment and refinement of the EIS to respond to concerns in relation to the proposed SMWSA project, the station precincts and the management of impacts from construction and operation. The issues and concerns with the EIS documentation that are proposed to be addressed in Council’s submission to the EIS are discussed in this report.

Project Development and Alternatives

The North South Rail Structure Plan in our Local Strategic Planning Statement has been developed to guide investment and development within and along the North South Rail corridor, particularly where new rail stations could be located. The Structure Plan identified a station at our health and education precinct to support growth and change within this area including increased housing diversity, growing investment and business activity, and creating great places for communities.

The EIS assessment of shortlisted station locations showed that a station at Western Sydney University would perform poorly against the ‘sustainable and deliverable solution’ objective and would have considerable construction, program and interface impacts and risk.

Without a station at The Quarter, Council finds it important that the SMWSA project considers opportunities to extend the metro catchment through supplementary transport services and integration with other modes to serve the health and education precinct.

·    Council is disappointed that a station at The Quarter was not identified as a preferred station precinct for development as part of the SMWSA project. Council would welcome the business case to be made public to understand the evaluated performance of the shortlisted station precincts.

·    Council recommends the SMWSA project to include and deliver supplementary transport services that would extend the metro catchment through integration with other modes of transport and establishing a potential interchange hub in The Quarter serving the health and education precinct.

Station and precinct development

Sydney Metro is considering potential opportunities for precinct development immediately surrounding the proposed metro stations at St Marys and Orchard Hills, including consideration of the use of residual land. Opportunities for potential future development around these metro stations would be considered as part of future precinct planning and/or master planning activities in consideration of the area’s future strategic vision and would be subject to separate planning approval processes.

·    Council recognises the role of Government in considering future precinct development but notes that local strategic planning as well as the development application and assessment process should be carried out by Penrith Council. This will ensure that the precinct development is planned and assessed in the same manner as other developments in the LGA resulting in consistent application of Penrith’s planning processes and planning controls.

The design of the SMWSA project, including stations and surrounding precincts, is being developed in parallel with the preparation of the EIS. Prior to project approval, design development will continue after the exhibition of the EIS in consultation with relevant stakeholders.

·    Council would appreciate a role in the Design Advisory Panel (prior to project approval) and a Design Review Panel (once project approval is obtained) for SMWSA.

St Marys Metro Station

St Marys Metro Station is proposed to be an underground station located south of and parallel to the existing T1 Western Line. An above-ground pedestrian connection to the existing St Marys Station would be provided for access between the metro and heavy rail stations (via escalators, stairs and lifts) and would also provide a connection to a new public plaza north of the existing T1 Western Line. The existing pedestrian overpass at the train station would be retained.

Considering that fast and convenient interchanging is one of the customer outcomes of the NSW Future Transport Strategy, Council finds that the metro station design should facilitate a more efficient interchange through an underground pedestrian connection to the existing train station.

·    Council recommends to include an underground pedestrian connection to the existing train station providing a more efficient interchange than the proposed above-ground connection, and to consider an upgrade of the existing pedestrian overpass making it accessible and more convenient for cyclists to cross the train tracks linking the town centre to the residents of North St Marys.

The EIS indicates that about 435 car parking spaces will be impacted within the St Marys precinct and the road network immediately surrounding the station during the construction period. This includes about 310 off-street parking spaces and 125 on-street parking spaces, comprising both restricted and unrestricted spaces.

About 98 car parking spaces are proposed to be removed to facilitate the temporary relocation of the bus interchange to Nariel Street. However, an off-street option on the Station Street at-grade car park for the temporary relocation of the bus interchange is also being investigated, subject to consultation with relevant stakeholders.

The EIS does not provide further detail on the proposed parking capacity after the completion of the metro station. Apart from the addition of two parking levels on the multi-deck commuter car park on Harris Street (subject to separate approval), no additional car parking spaces are proposed to replace some of the affected parking spaces.  

·    Council does not support the proposed relocation of the temporary bus interchange to Nariel Street and will work with Sydney Metro to facilitate the off-street option on the Veness Place car park at Station Street.

·    Council recommends that Sydney Metro will work with Council staff on a suitable parking strategy for the St Marys precinct and the area surrounding the station.

Orchard Hills Station

The proposed Orchard Hills Station, located north of Lansdowne Road, will transform the precinct by establishing a new town centre with mixed-use residential, commercial and retail development. The station would catalyse urban renewal surrounding the new town centre with a mix of diverse housing types and would consider opportunities to extend station catchment through transport integration establishing an interchange hub to serve catchment to the west (including Glenmore Park).

·    Council recommends that precinct development should consider opportunities to extend the station catchment to the east (including St Clair) as well as the provision of west facing ramps at the Kent Road/M4 interchange to allow access from the Blue Mountains.

The station is proposed to have new park-and-ride facilities, including up to 500 spaces (potential multi-deck car park) located to the south of Lansdowne Road.

Considering the station’s proximity to the M4 and the growing demand for commuter car parking in Penrith as well as current commuter parking capacity at comparable metro stations in Kellyville (1360) or Bella Vista (800), a location on lands Sydney Metro is acquiring north of the station would be more suitable. This would allow easy access from the motorway and opportunity for future expansion.

·    Council recommends investigating a location for the proposed park-and-ride facilities closer to the M4 interchange to avoid attracting unnecessary traffic through the future town centre and include a provision for future expansion of the commuter parking capacity to facilitate future demand.

·    Council recommends that Sydney Metro will work with Council staff on a suitable access and parking strategy for the Orchard Hills precinct and the area surrounding the station.

Stabling and maintenance facility

The stabling and maintenance facility will be built in Orchard Hills to the south of Blaxland Creek and east of the proposed project alignment. Vehicular access would be provided via separate access/egress points on Luddenham Road and Patons Lane (for general staff access as well as delivery and large vehicle access). The facility would operate 24 hours a day, seven days a week.

Opportunities to provide vegetation screening of the stabling and maintenance facility (from sensitive receivers such as Luddenham Road and the surrounding rural areas within the viewshed) would be investigated during design development.

·    Council recommends protecting and including existing vegetation within the proposed maintenance facility site as much as possible. Particularly given the large footprint of the site and without East-West openings or relief from concrete cover, will significantly contribute to heat island effect for future residents of the area and disrupt habitat connectivity.

·    Council recommends that overall, the project should consider that (re)vegetation and landscape buffers are established ahead of or during construction for an embellished green grid to mitigate impacts, particularly in rural areas.

 

Luddenham Road Station

The project includes upgrades to Luddenham Road with new intersections to the precinct, new pedestrian crossings and new public plaza adjacent to proposed station entrance. As part of further design development and construction planning the requirement for these road modifications would be further refined.

Although road widening has not been proposed as part of the SMWSA project, it is understood that Luddenham Road Upgrade would be required to support the wider precinct development as identified on the list of infrastructure of the Draft Special Infrastructure Contribution for Western Sydney Aerotropolis, currently on exhibition.

·    Council recommends that widening of Luddenham Road is considered to be delivered as part of the SMWSA project.

Construction

Overall, the project is anticipated to support around 14,000 jobs. It is estimated that during peak construction activity a workforce of up to around 3,000 people would be required.

Sydney Metro has developed a Workforce Development and Industry Participation Plan including an Aboriginal Participation Plan which includes objectives to support jobs and skills for a more diverse and inclusive workforce and supply chain.

·    Council recommends that the Workforce Development and Industry Participation Plan includes objectives to support local workers and suppliers in Penrith.

Transport

The EIS assessment of intersection performance within the transport study area during the peak hours for the future years 2026 and 2036 show that several intersections are forecast to operate at a lower Level of Service in a scenario with the SMWSA project compared to a scenario without the project. This includes the intersections of Queen Street/Great Western Highway/Mamre Road, Glossop Street/Forrester Road, Glossop Street/Great Western Highway and Mamre Road/Luddenham Road, forecast to operate at or above capacity in a scenario with the metro project. Forecast growth in background traffic is likely to result in significant delays and queuing at these intersections, exacerbated by the addition of traffic forecast to be generated by the project.

The EIS concludes that the SMWSA project is not forecast to cause significant impacts to the study area road network compared to a scenario without the project. The EIS finds that the combined effects of the provision of the metro service, increases in the number of bus services and enhancements to the walking and cycling facilities are likely to reduce car dependency and minimise the impacts to the study area road network.

It is crucial that mitigation measures to minimise the impacts of SMWSA on the road network are identified and implemented as part of the project. This is a requirement that Council applies to all developers undertaking major projects in the Penrith LGA and this should also apply to Sydney Metro.

·    Council recommends that the EIS identifies any mitigation measures or infrastructure upgrades to minimise the impacts of SMWSA on the road network following the completion of the project. These upgrades must be identified and implemented prior to the commencement of metro operations.

Minimal construction worker parking would be provided at construction sites. The EIS acknowledges that these provisions may not meet the demand based on construction workforce. However, a parking management plan would be developed, prior to start of construction, to manage construction worker parking and minimise the impacts on the surrounding road environment.

Sydney Metro indicated at the Councillor briefing that construction worker parking would be provided at the construction site in Claremont Meadows at the intersection of the Great Western Highway and Gipps St, with shuttles to other construction sites.

·    Council recommends that the parking management plan will meet Council’s expectation that construction worker parking will not impact on remaining public on-street and off-street car parking in the area around the construction sites.

Noise and vibration

The EIS concludes that management of construction noise and vibration would be in accordance with the Sydney Metro Construction Noise and Vibration Standard, which provides standard mitigation measures and additional mitigation measures for certain noise and vibration impact levels. Site specific mitigation measures have also been identified to reduce noise and vibration impacts during construction, including the potential use of acoustic sheds, subject to further investigation during construction planning and design development.

·    Council recommends that use of acoustic sheds is considered a standard mitigation measure rather than optional.

Next steps

Following exhibition, the submissions will be considered by the Department of Planning, Industry and Environment in its assessment of the SMWSA project.

The Department will provide Sydney Metro with a copy of all submissions received during the exhibition period. Sydney Metro will review all the submissions and prepare a Submissions Report to respond to issues raised. If changes are required as a result of the issues raised, an Amendment Report or Preferred Infrastructure Report may also be prepared.

Approval from the Minister for Planning and Public Spaces is required before Sydney Metro can proceed with the project.

Council staff will continue to work with Sydney Metro and update councillors accordingly.

Financial Implications

While there are no immediate financial implications for Council as a result of making a submission to the Department of Planning, Industry and Environment on the EIS, there may be future financial implications relating to the planning and delivery of station precincts. These will require a separate process to assess and report these matters to Council.

Risk Implications

If Council does not provide a submission to the EIS for SMWSA, the risk is that Council’s concerns and comments will not be fully understood and considered in finalising the plans for the delivery of the metro line and supporting infrastructure.

Conclusion

Sydney Metro is seeking approval from the NSW and Australian Governments for the construction and operation of SMWSA. When approved, the metro line will connect St Marys to the Western Sydney Aerotropolis via Western Sydney International (Nancy-Bird Walton) Airport, stimulating growth in housing and employment, improving access to local jobs, health and education opportunities and a better work-life balance for residents.

It is recommended that the final submission express Council’s support for the project and the need for further amendment and refinement of the EIS to respond to concerns in relation to the construction impacts, and the planning and delivery of future station precincts to ensure the best possible outcomes for our current and future community.

 

RECOMMENDATION

That:

1.     The information contained in the report on Submission to exhibition of Environmental Impact Statement for Sydney Metro - Western Sydney Airport be received

2.     Council endorse the Submission provided as attachment for this report to be forwarded to the Department of Planning, Industry and Environment for its consideration

 

 

ATTACHMENTS/APPENDICES

1.

Submission on Sydney Metro - Western Sydney Airport Environmental Impact Statement

7 Pages

Appendix

  


Ordinary Meeting                                                                                                       30 November 2020

Appendix 1 - Submission on Sydney Metro - Western Sydney Airport Environmental Impact Statement

 

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Ordinary Meeting                                                                                         30 November 2020

 

 

 

4

The Driftway, Londonderry - Memorandum of Understanding with Hawkesbury City Council   

 

Compiled by:               Hans Meijer, City Assets 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

Council has previously received representations from residents of The Driftway, Londonderry for Penrith City Council to contribute to its ongoing maintenance. The purpose of this report is to recommend that a Memorandum of Understanding (MOU) between Penrith City Council and Hawkesbury City Council be entered into, to enable the costs involved with the ongoing maintenance of The Driftway to be shared equally between both Councils. Council, at its Ordinary Meeting on 6 September 2010, initially agreed to commence an MOU, to be reviewed after 10 years.

 

Hawkesbury City Council have reviewed the MOU, and endorsed the proposed draft MOU at their Ordinary meeting on 10 November, and wish to continue for further 10 years, considering the community benefit the initial MOU has brought.

 

It is recommended that report be received and the MOU be extended for a further 10 years, with the City Assets Manager signing the MOU with Hawkesbury City Council.

Background

The current gazetted Council boundary between Penrith City Council and Hawkesbury City Council follows the northern property boundaries of residences along the Driftway residing in the Penrith LGA between Bonner Road and Reynolds Road, Londonderry. This has meant that the entire road reserve, accessed by Penrith residents, is located within the Hawkesbury LGA. Approaches have previously been made by residents along The Driftway for Penrith City Council to assist in maintaining The Driftway as these residents contribute their rates to Penrith City Council. The majority of land on the northern side of The Driftway is owned by Western Sydney University, for which Hawkesbury City Council does not receive any rates.

 

The Driftway is a local road and therefore any funding required for its maintenance is met by the Council in which it is located. Although the entire width of the road is within the Hawkesbury LGA, it is still under the Local Government Act, classified as a boundary road. This is an unusual situation, as the boundary between Local Government areas is normally the centre line of the boundary road.

 

The Local Government Act stipulates that where one side of the road lies in one area and the other side of the road lies in the other area, or where the middle line forms a common boundary, the Councils are required to unite together to carry out work on the road. If they fail to reach agreement, they are in dispute and the dispute has to be dealt with by the Minister for Local Government.

 

All other road boundaries with adjoining LGAs are along State roads, where the Roads and Traffic Authority is responsible for any road pavement works. Whilst Penrith City Council has not previously contributed to routine maintenance along The Driftway, there is an expectation from residents that Council should contribute to its ongoing maintenance.

 

Penrith City Council has previously contributed funds to Hawkesbury City Council for the upgrading and sealing of The Driftway between 1992 and 1995. At this time, funding totalling $915,375, was invested for the upgrading and sealing of the Driftway. A special RTA grant contributed 50% of this funding, with Penrith City Council contributing 25% and Hawkesbury City Council contributing 25%. Since this time, Penrith City Council has not contributed towards any major works along The Driftway.

 

Proposal

The proposal is to renew the Memorandum of Understanding to be signed by Penrith City Council and Hawkesbury City Council that agrees to shared maintenance of The Driftway. The existing Memorandum of Understanding has been in place for 10 years and has worked well with officers in both Councils planning and scheduling annual works.

 

 

The Memorandum of Understanding limits ‘minor’ works along The Driftway to $60,000 (in any one financial year), with each Council performing all routine pavement works in alternate financial years for full width and invoicing the other at the end of financial year for half of the actual costs expended for that financial year. Under the Memorandum of Understanding, Penrith City Council will maintain the southern footway and road shoulder, while Hawkesbury City Council would maintain the northern footway and road shoulder. Any proposed major works will require prior agreement for inclusion in a future works program.

 

The agreement offers the potential for additional works to be carried out resulting in improved road safety for both residents and the general public.

 

Financial Implications

 

Annual costs for the MOU are already built into the Operational Budget and have been adopted by Council at the 27 June 2020 Ordinary Meeting for the 2020/21 financial year.

Risk Implications

The risk of not signing the MOU is that local residents in the Penrith Local Government Area will raise concerns similar to prior signing of the MOU in 2010.

Conclusion

It is recommended that Penrith City Council renew the MOU for a further 10 years and that the City Assets Manager sign the MOU on behalf of Penrith City Council.

 

RECOMMENDATION

That:

1.     The information contained in the report on The Driftway, Londonderry - Memorandum of Understanding with Hawkesbury City Council be received

2.     The Memorandum of Understanding between Penrith City Council and Hawkesbury City Council for the maintenance of The Driftway be executed by the City Assets Manager.

 

ATTACHMENTS/APPENDICES

1.

MOU - The Driftway, Londonderry

3 Pages

Appendix

  


Ordinary Meeting                                                                                                       30 November 2020

Appendix 1 - MOU - The Driftway, Londonderry

 

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Ordinary Meeting                                                                                         30 November 2020

 

 

 

5

Naming of New Bridge Over Warragamba Pipeline - Craig Ross Bridge   

 

Compiled by:               Michael Alderton, Development Engineering Coordinator

Authorised by:            Adam Wilkinson, Engineering Services Manager

Wayne Mitchell, Director - Development and Regulatory Services  

 

Outcome

We can get around our city

Strategy

Provide a safe and efficient road and pathway network

Service Activity

Certify future public assets being delivered as part of development

      

 

Executive Summary

The purpose of this report is to seek Council’s endorsement for the naming of the new bridge over the Warragamba pipeline at Erskine Park employment lands as ‘Craig Ross Bridge’. The report recommends that the information be received and that an application be made to Transport for NSW for official approval of the naming.

 

Background

Mr Craig Ross worked at Penrith City Council for 42 years and showed enormous dedication and loyalty to the organisation and the residents of Penrith for over 4 decades. Craig retired from Council in 2011. Craig had an incredible wealth of knowledge and experience across the organisation and inspired many staff during his time at Council.

 

Craig tragically passed away as the result of a motorcycle accident in December 2014.

 

In recognition of Craig and his decades of service to the People of Penrith, it is suggested to name the new bridge that is being built in Erskine Park as “Craig Ross Bridge”.

 

Craig started at Council on 20 October 1969 at the age of 23 as an Engineering Assistant. In 1975, Craig was promoted to Assistant Engineer and then two years later was appointed Senior Assistant Engineer. In 1982, Craig was appointed as the Engineering, Design and Investigation Officer. Later Craig was appointed as Technical Services Manager in 1988, and in 2002 the Design and Technical Services departments merged, and Craig was officially appointed as the Design and Technical Advice Manager. 2009 saw Craig appointed as Major Projects Manager until his retirement on 9 December 2011.

 

Craig made a very real impact on our City during his time at Council. Craig was instrumental in lobbying State Members of Parliament and various State Departments to bring to fruition the Erskine Park Employment Area. Craig was the initiator of many of our City’s innovative engineering approaches.

 

Bridge Naming

 

The Erskine Park Employment Area is growing rapidly with the development of the Aerotropolis. As part of this rapid growth, new roads and infrastructure are being built to support the area. Part of the new infrastructure is the construction of a new bridge over the Warragamba Pipeline. The new bridge is located in the heart of the Erskine Park employment area on the new Western North South Link Road. The road and bridge will connect the new developing area of Erskine Park in the south to Lenore Drive in the north and further to the M7 in the east.

 

Transport for NSW (TfNSW) are the authority responsible for approving bridge naming across NSW. Council Staff have discussed the naming of the new bridge over the  Warragamba Pipeline as ‘Craig Ross Bridge’ and in principal TfNSW have no objections to the proposal subject to following the formal naming process.

 

1.   Report to Council and Council support

2.   Community Consultation

3.   Formal Application to TfNSW.

 

Following Council endorsement community consultation will be undertaken and a formal application lodged with TfNSW. Once approved, a bridge naming ceremony will be arranged and Craig’s family will be invited.

 

Financial Implications

 

Any potential costs not covered by the developer are expected to be minimal and can be accommodated from within existing allocations.

 

Risk Implications

 

There are no risks.

 

Conclusion

Given the significant contribution made by Mr Craig Ross to the Penrith local government area, the people of Penrith, his friends and colleagues and Penrith Council, it is considered appropriate that a significant engineering structure be named after him.

 

Council Staff have spoken with Craig’s family who support Council in the naming of the bridge.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Naming of New Bridge Over Warragamba Pipeline - Craig Ross Bridge be received.

2.     Council endorse the naming of the bridge as ‘Craig Ross Bridge’

3.     Community Consultation be undertaken, and an application be made to Transport for NSW for official Approval.

4.     Following approval by Transport for NSW, an official naming ceremony be held at the bridge.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         30 November 2020

 

 

 

6

Mamre Road Upgrade - Stage 1 between the M4 Motorway, St Clair and Erskine Park Road, Erskine Park    

 

Compiled by:               Walter Sinnadurai, Transportation Planner

Authorised by:            Adam Wilkinson, Engineering Services Manager

Wayne Mitchell, Director - Development and Regulatory Services  

 

Outcome

We can get around our City

Strategy

Improve passenger and freight transport connections in the region

Service Activity

Work with government to deliver regional transport infrastructure that meets the needs of our community

      

 

Executive Summary

The purpose of this report is to provide Councillors with an update on TfNSW (RMS) planning for the section of Mamre Road Upgrade, in particular, Stage 1 between the M4 Motorway, St Clair and Erskine Park Road, Erskine Park to a four-lane divided road.  This report provides a summary of the high-level technical review of the proposal by Council Officers and draft points of response to Transport for NSW regarding the proposal and consultation.

Background

Mamre Road (Main Road 536) is a State Road connecting Elizabeth Drive in the south to the M4 Motorway and Great Western Highway in the north. Mamre Road between Elizabeth Drive and M4 Motorway is currently a two-lane undivided road.

In May 2017, the NSW Government informed the community about the early planning for a future upgrade of Mamre Road, between the M4 Motorway and Kerrs Road, to a four-lane divided road, intending to support economic and residential growth in this area. The preferred corridor plan was exhibited in December 2017 seeking community feedback.

Previously, in December 2017, Council made a detailed submission to the initial strategic design to identify and preserve the road corridor required for the upgrade of Mamre Road.

Current Situation

Transport for NSW (TfNSW) is now proposing detailed plans for Stage 1; a four-kilometre-long section of Mamre Road Upgrade project between the M4 Motorway, St Clair and Erskine Park Road, Erskine Park to a four-lane divided road.

 

The key design features of the Proposal include the following:

 

·    An upgrade of Mamre Road to a four-lane divided road with a wide central median that would allow for widening to six lanes in the future, if required

·    Changes to intersections with Mamre Road including:

Ø an upgrade to the existing signalised intersection at Banks Drive including a new western stub to cater for future development

Ø a new signalised intersection at Solander Drive including a new western stub to cater for future development to the west

Ø a new signalised intersection at Luddenham Road and a new left in, left out intersection to the north of Luddenham Road

Ø an upgrade to the existing signalised intersection at Erskine Park Road

Ø modified intersection arrangements (left in, left out only) at McIntyre Avenue and Mandalong Close

·    A new shared path along the eastern side of Mamre Road and provision for a future shared path on the western side

·    Reinstatement of bus stops near Banks Drive with provision for bus priority at intersections and provision for future bus stops along Mamre Road

·    Changes to property access

·    Drainage and flooding infrastructure upgrades

·    New traffic control facilities including electronic traffic signage

·    Roadside furniture and street lighting

·    Potential noise walls along the eastern side of Mamre Road at St Clair

·    Utility relocations

 

Attachment 1 provides a map showing the proposal location and an indicative design with respect to the surrounding roads, flood liable land and non-Aboriginal heritage sites.

 

Attachment 2 shows the indicative design alignment and proposed changes to intersections in more detail (subject to detailed design).

 

The proposal is also adjacent to the Mamre Homestead curtilage, which is both a local and state-listed heritage site. While the road would avoid direct impacts on this site, some existing underground utility relocation and connection would be required, which would result in a minor impact to the site. However, once works are completed, only a utility pit would be visible. The potential impacts on this heritage site would be confirmed in the Statement of Heritage Impact report that will be prepared to support the review of environmental factors (REF) for the proposal.

 

Council Review

There are several matters that Council will bring to the attention of TfNSW which are listed below.

 

The preliminary high-level submission is listed below;

 

Traffic

 

1.   All forecast year traffic models should include the Western Sydney Aerotropolis and future Sydney Metro Western Sydney Airport project growth.

 

2.   It appears that the Mamre Road Upgrade Study and the M4 Smart Motorways Project do not ‘connect’ on Mamre Road, between Banks Drive and the M4. Clarification of this section of Mamre Road is required. 

 

3.    It critical that the design includes the requirements under the Austroads best practice for road shoulders, bicycle lanes at intersections, strategic traffic modelling (TfNSW- EMME2 or other macroscopic traffic modelling, the mesoscopic road network traffic model and the microscopic SIDRA modelling at each intersection) for future traffic. It is also critical that the design addresses the planning for arterial transport corridors and fits with the Aerotropolis planning traffic modelling including Luddenham Road. For Luddenham Road, the objectives include (including Sydney Science Park VPA)  two lanes each way with 5m centre median, shoulders, 5m verges, shared paths as well as new Aerotropolis Planning cross section and elements and fit with the subject designs.

 

4.   The proposed changes to intersections with Mamre Road (Attachment 2) are supported in principle with reservation to the Mandalong Close left in/left out proposal. Further planning is required as this proposal is subject to the internal connection to James Erskine Drive intersection to continue to provide access to residents.

 

5.   A new signalised intersection at Luddenham Road is supported in principle. However, the proposed left in, left out intersection to the north of Luddenham Road is subject to the reconstruction of the laneway at the rear of property number 367-377 Mamre Road.

 

6.   The Luddenham Road (northern leg) connection to Mamre Road should be aligned with the future Luddenham Road reconstruction and widening associate with the Western Sydney Aerotropolis and future Sydney Metro Western Sydney Airport works.

 

7.   Provision of bus priority at signalised intersections at Luddenham Road and Erskine Park Road to cater future Rapid Bus routes between Blacktown and Airport.

 

8.   All the shared-path to travel behind bus priority zones/stops with separate space for DDA complying boarding points, shelters etc.

 

Road Safety

 

9.   Council supports the delivery of a new shared path and planning for the ongoing extension to the shared path network within the Mamre Road precinct. During TfNSW concept design of the shared path, please ensure adequate path width of no less than 5 meters (suitable for both commuter and recreational users within a high traffic volume environment), mode of separation and intersection treatments, as well as other elements related to construction maintenance and lighting.

 

10. As indicated in the attached plans, there are two heritage items on the western side of Mamre Road that attract increasing numbers of visitors. In line with Council’s strategic plan, we welcome improved active transport connection to key destinations in the LGA including connectivity to heritage destinations (i.e. local heritage trail). Please consider the need for cyclists and pedestrians who will need to cross Mamre Road at the traffic signals located at the Banks Drive intersection to the Mamre Homestead by constructing a shared path on the western side of Mamre Road (approximately 175m in length).

 

11. Pedestrian crossing points should be considered at the pedestrian connections to St Clair near Dutch Place, Palena Crescent and McIntyre Avenue. These would allow residents to cross Mamre Road and / or access public transport, as well as access future development on the western side of Mamre Road. These connections are mid block and would significantly improve pedestrian connectivity over the proposed arrangement of only providing pedestrian connections at traffic signalled intersections.

 

12. Given the lack of passive surveillance over Mamre Road from residential development to the east, effort should be made to ensure that areas which are likely to be used by pedestrians are well lit and safe, including for use at night and outside traditional business hours.

Land 

 

13. Provided attachments 1 and 2 do not adequately indicate the proposed road works on Council land. Council requests a more detailed set of plans so we can accurately pinpoint if any Council land is affected regarding the proposed acquisition or use for any storage purposes (site compounds). Any proposed acquisition of Council land would require the standard Just Terms Acquisition process.

 

Biodiversity

 

14. Assessment of biodiversity impacts is necessary in line with legislative requirements, including a requirement to provide documentation regarding efforts to avoid biodiversity impacts via design

 

15. Consideration must be given to potential biodiversity impacts during operation as well as construction.

 

16. Sections of land adjoining Mamre Road are mapped on the Biodiversity Values Map. Design must consider avoiding impacts to these areas.

 

17. An assessment of biodiversity impacts must incorporate all aspects of the proposal including, but not limited to, road widening, drainage and flooding infrastructure upgrades, traffic control, street embellishment, noise walls, and utility relocations.

 

18. The REF should consider all biodiversity impacts, including future (widening to six lanes) impacts.

 

19. The potential provision for a future shared path on the western side should consider diverting the path via footbridge to the eastern side to avoid impacting areas of Biodiversity Values mapped land.

 

20. Where biodiversity impacts cannot be avoided, detailed documentation regarding steps to minimise impacts is required. Further, where residual impacts exist, an offset proposal is required.

 

Sustainability

 

21. Any new streetlights installed must be energy efficient LEDs

 

22. WSUD options should be incorporated for drainage works and flooding minimisation, and considered for passive irrigation of trees

 

23. The works should meet Cooling the City Principles as per Council’s Cooling the City Strategy and the NSW Premier’s Priorities related to heat and canopy cover:

 

The shared path to be installed on Mamre Road should include tree planting along the shared pathway for shade

The bus stops should be shaded and/or built to adapt to the climate (https://www.uts.edu.au/research-and-teaching/our-research/institute-sustainable-futures/our-research/climate-change/climate-adapted-people-shelters )

 

24. It is not stated how many trees will be removed during the road construction – but from the attachments it looks as though there are a number of existing trees particularly at the Solander Drive Intersection and Banks Drive Intersection that will be removed. If this is the case, it is essential that equivalent and/or additional replacement trees be planted for shading and biodiversity, and maintained for a minimum of 1 year to ensure establishment

 

Environmental

 

25. Land Contamination- A Stage 1 Preliminary Site Investigation is to be prepared by a suitably qualified consultant addressing all areas that will be impacted by works (including the road footprint, areas of utility upgrades and all site compounds). Where recommended, a Stage 2 Detailed Site Investigation is to be prepared to address any areas of environmental concern.  Should remediation works be found to be required, a Remedial Action Plan will also be required to be prepared, with the appropriate approvals obtained for these works (as the project works are categorised under State Environmental Planning Policy (Infrastructure) 2007 as being “development permitted without consent”, any associated remediation works that are required during the construction of the project do not require Council consent).  It is also considered appropriate that an Unexpected Finds Protocol be developed to support the development.

 

26. Acoustic Impacts - An Acoustic Assessment is to be prepared by a suitably qualified acoustic consultant that addresses noise and vibration impacts during the construction (including impacts associated with the construction compounds, utility relocation, road construction) and operational phases of the new roadway. Consideration is to be given to the proposed hours of work, and potential sleep disturbance impacts.  Recommendations are to be made regarding how noise impacts will be managed, particularly in relation to sensitive land uses.

 

27. Air Quality Impacts - An Air Quality Assessment is to be prepared by a suitably qualified environmental consultant that addresses impacts to local air quality during the construction and operational phases.  Mitigation measures are to be put forward that suitably address any identified impacts.

 

28. Surface Water Quality Impact - The project will cross a number of waterbodies, and these may be impacted by the development should appropriate management measures not be put in place.  A Soil and Water Management Plan is to be prepared, incorporating site specific Erosion and Sediment Control Plans. 

 

29. Waste Management - A comprehensive Waste Management Plan is to be prepared to ensure that all waste arising from the construction of the project is collected, transported and disposed of lawfully at a licenced waste management facility.

 

Stormwater

 

30. Clarification on what specific measures are proposed to protect the receiving waterways from the increased pollutant loads as a result of the works (e.g. gross pollutants). An accompanying electronic MUSIC model with catchment breakups is to be provided. 

 

31. Councils Water Sensitive Urban Design (WSUD) policy provides guidance and minimum treatment levels.  The design of the project should be done in a manner with minimised loss of trees and canopy cover.

 

 

 

 

Planning

 

32. The proposed widening of Mamre Road is welcomed and is a critical component to the delivery of the Mamre Road Precinct and Western Sydney Aerotropolis.

 

33. Consideration should be given as to the potential extension of the Luddenham Road widening, given the significant role that this road will play in the Aerotropolis area south of the Warragamba Pipeline.

 

34. The future development of the area immediately south of Mandalong Close should be factored into the design of this upgrade, and how this area would be serviced in the context of the proposed development if it were to be developed for urban purposes.

 

35. Consideration should be given to extending the widened area of Mamre Road from James Erskine Drive to Distribution Drive, where Mamre Road briefly returns to two lanes before widening to four again. This would allow for an holistic widening of Mamre Road right to the Warragamba Pipeline.

 

36. In addition to bus services along Mamre Road, consideration should also be given to the likely inclusion of bus services along Luddenham Road and Erskine Park Road as the region develops. This could also include consideration of potential rail replacement services for the future Sydney Metro Western Sydney Airport.

 

37. Consideration should also be given to the future recreational role of South Creek, as outlined in the Western City District Plan. Connections to this future potential parkland for pedestrians and cyclists should be built into these plans.

 

38. As Mamre Road will likely be a major public transport route to access the Mamre Road Precinct, the proposed development should be aligned with the Mamre Road Precinct Development Control Plan once it is exhibited (which is understood to be imminently).

 

39. The proposal should also consider the Draft Precinct Plans for the Initial Precincts in the Western Sydney Aerotropolis once they are exhibited (also imminently expected). Specifically, the Northern Gateway, as well as the Wianamatta-South Creek Precincts would be relevant this proposal.

 

40. It is noted that the proposed development was not referred to Council for the reasons outlined in Clause 14 of State Environmental Planning Policy (Infrastructure) 2007 which requires consultation with Council where development may impact on local heritage. It is noted that the proposed works will be adjacent to heritage items that are locally and state listed and there may be minor impacts. In determining the impacts a Heritage Impact Statement (HIS) shall be prepared prior to the finalisation of the scope of works. Council requests a review of the HIS as part of the Review of Environmental Factors process.

 

Asset Management

 

41. Mamre Road is a major heavy vehicle route, with connections to the M4 and GWH. The project is likely to require heavy vehicles to be diverted off Mamre Road onto local roads during periods of construction. Council would like to see a traffic management plan, identifying proposed detour routes and restrictions on heavy vehicle movements at the 20% design stage.

 

42. Banks Drive has been recently upgraded, and we are concerned about what the impact of detouring traffic on this road and surrounding local roads will be

 

43. There are many large stormwater culverts crossing Mamre Road draining from the East to West, and discharging into what appears to be a flood plain. This is a good opportunity to remove any choke points, and to improve drainage from East to West.

 

44. Catchment plans for each stormwater pipeline within the project area, and hydraulic calculations demonstrating the adequacy of the pipeline are requested. Any pipelines impacted by the project, which are currently under capacity, should be upgraded.

 

45. All stormwater pits and access points forming part of the project should be located off the road.

 

46. There are a large number of significant trees which will be removed as a consequence of this project.  As mentioned earlier, these trees may be located in a mapped biodiversity area. This needs to be checked.

 

47. Design of the shared path and noise wall needs to consider the impact on trees, and innovative ways to reduce impact should be considered. Council requests planting of Non Friable  canopy trees along both sides of the road and the central median to form an Avenue, and maintain the rural setting.

 

48. Council requests the central median to be designed to include Non Friable, canopy trees.  It is noted that the wide median is to be developed to provide two extra lanes in future.  Council request that the median is constructed in such a way that future development does not impact the newly planted trees – e.g. installation of a root barrier system etc. 

 

49. Council do not wish to take over ongoing maintenance and renewal responsibility for noise walls.  These should be installed on private property and/or have TfNSW agree to maintain them as the noisewalls would be installed to mitigate noise generated from the State Road

 

50. Allowance should be made for digital enabling technology

 

Landscaping

51. Wayfinding should be considered at key pedestrian nodes and pedestrian portals. Heritage studies should help inform treatments and direction in this area

 

52. The nature of this area should have an obvious change in character compared to the rest of the corridor. Current views are to keep it open with low-lying native grasses in front to maintain sightlines into the curtilage area.

 

53. Fences would likely need replacing which typically is like-for-like. Currently a low, open wire fence which is consistent with the intent to keep views open in this particular area

 

54. Upgrade area on the Eastern side of the road opposite Mamre House could have some sort of European feature treatment, particularly on the proposed noise wall. This could include photo etching on the noise wall, using an old photo of Mamre House. Any heritage treatment will need to be confirmed by PCC Heritage Advisor before proceeding

 

55. It is suggested using the current use of Mamre House as an influence to any feature treatment. Mamre House is currently run by Catholic Care which provides employment opportunities (typically landscape maintenance jobs) for people with disabilities

Financial Implications

There are no financial implications resulting from this report.

Risk Implications

We have considered all of the risks involved and have provided a detailed list of matters to be considered by TfNSW as part of the process.

Conclusion

The improvements and upgrade to this critical arterial road corridor are supported in principle, subject to the matters contained within this report being addressed by the TfNSW in the finalisation of the corridor design. Our submission to TfNSW will seek to reinforce Council’s support of the project and highlight a number of matters which warrant further consideration.

 

The key issues identified within the body of this report will be included in Council’s submission to the TfNSW and Council officers will continue to work with the TfNSW to ensure that the future upgrade delivers appropriate outcomes for all stakeholders.

 

RECOMMENDATION

That:

1.     The information contained in the report on Mamre Road Upgrade - Stage 1 between the M4 Motorway, St Clair and Erskine Park Road, Erskine Park  be received.

2.     Council’s Engineering Services Manager be authorised to finalise a submission, based on this report, to Transport for NSW by 4 December 2020.

 

ATTACHMENTS/APPENDICES

1.

Map showing the proposal and an indicative design

1 Page

Appendix

2.

Map showing the indicative design alignment and changes to intersections

1 Page

Appendix

  


Ordinary Meeting                                                                                                       30 November 2020

Appendix 1 - Map showing the proposal and an indicative design

 

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Ordinary Meeting                                                                                                       30 November 2020

Appendix 2 - Map showing the indicative design alignment and changes to intersections

 

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Outcome 4 - We have safe, vibrant places

 

 

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


 

 

 

 

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Outcome 5 - We care about our environment

 

Item                                                                                                                                       Page

 

7        Emu Plains Overland Flow Flood Study                                                                          65

 

 

 



Ordinary Meeting                                                                                         30 November 2020

 

 

 

7

Emu Plains Overland Flow Flood Study   

 

Compiled by:               Habib Rehman, Senior Engineer - Stormwater

Mylvaganam Senthilvasan, Floodplain Engineering Coordinator

Authorised by:            Adam Wilkinson, Engineering Services Manager

Wayne Mitchell, Director - Development and Regulatory Services  

 

Outcome

We care for our environment

Strategy

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

Service Activity

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

      

 

Executive Summary

In accordance with the NSW Government’s Floodplain Development Manual (April 2005), Council has undertaken the Emu Plains Overland Flow Flood Study for the suburbs of Emu Plains, Emu Heights and Leonay.

 

The Draft Emu Plains Overland Flow Flood Study (May 2020) was placed on public exhibition from 6 August to 3 September 2020 for public comment.  The purpose of this report is to provide Council with the outcome of the public exhibition.

 

The report recommends that the Emu Plains Overland Flow Flood Study be adopted.

Background

The NSW Government’s Flood Policy is directed at providing solutions to existing flooding issues in developed areas and ensuring that new developments are compatible with the relevant flood hazard and do not create flooding problems in other areas. Under the Policy the management of flood prone land remains the responsibility of councils. The policy and floodplain management practices are defined in the NSW Government’s Floodplain Development Manual, April 2005. The State Government, under its policy, provides technical advice and in some instances financial support to councils to manage their floodplains.

 

In 2006, Council undertook an “Overland Flow Flood Overview Study” for the entire Penrith Local Government Area. This study identified all major overland flow paths, provisional flood hazard for properties at risk of flooding, and ranking of the catchment areas in terms of severity of flooding. This study assists Council in prioritising catchment areas to undertake detailed flood studies. The Emu Plains and the surrounding suburbs were identified as one of the priority catchments requiring a detailed overland flow flood study and a floodplain risk management plan to effectively manage overland flows.

 

The Emu Plains Overland Flow Flood Study Area (Appendix 1) covers the suburbs of Leonay, Emu Plains and Emu Heights. The study area is approximately 1,300 Ha (13km2) and is bound by the Nepean River to the north and east and the LGA boundary (with Blue Mountains City Council) to the west and south. The study area is impacted by flows from the upstream catchments (including Blue Mountains LGA) and flows from the Nepean River.

 

The primary objective of this overland flood study is to define the flood behaviour under the existing floodplain conditions. The flood study produces information on flood extents, levels, depths, velocities, flows, hydraulic and hazard categories for a range of storm events including the Probable Maximum Flood (PMF). In addition, the study defines the flood planning area for the study area.

 

On 1 June 2020, the draft Emu Plains Overland Flow Flood Study was presented to the Floodplain Risk Management Committee. The Committee endorsed that the draft flood study report for the purpose of the public exhibition.

Subsequently, on 22 June 2020, Council resolved 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.”

 

Public Exhibition

The public exhibition of the draft Emu Plains Overland Flow Flood Study (Volume 1, Volume 2 & Volume 3) commenced 6 August 2020 and the submissions closed 3 September 2020. The exhibition process included direct contact to the residents through the study area and public notification of the exhibition period.

 

The Flood Study documents were exhibited at the Council’s website yoursaypenrith.com.au on the “Have Your Say” page.  The hard copies of the documents were not placed on exhibition due to COVID19 restrictions.

 

A Fact Sheet detailing the exhibition of the Study was prepared and distributed as part of the exhibition process.

 

Various approaches used to inform the community about the public exhibition of the Study including:

 

·    Letters and Fact Sheets sent to all the residents within the study area (approximately 5,600 letters were sent out);

·    Newspaper advertisements were placed in the local paper “The Western Weekender” on 7 August and 14 August 2020;

·    Council’s webpage was updated to provide details of the exhibition and arrangements made for online submissions; and

·    Used Council’s social media and local FM radio to inform about the public exhibition.

 

Analytical report data from the Council’s website shows that there were 960 visits to the Have Your Say page during the public exhibition period.  There were 288 downloads of the Executive Summary, 133 downloads of Flood Study Volume 1 (Main Report) and 68 downloads of Flood Study Volume 3 (Mapping Appendix).

 

An essential component of public exhibitions is a community drop-in session where the community can attend a presentation by the Council and ask questions.  However, following Government advice on gatherings regarding COVID19, an online community information session was held on 20 August 2020 from 6pm – 8pm.  Twenty-three residents and business owners were registered for the online session, however, only five attended.

 

Council received three (3) written submissions during the public exhibition period. The submissions are summarised together with Council’s responses below.

 

Submissions

Submission 1

The writer appreciated the thoroughness of the study and raised the issue of raising the Warragamba Dam wall height and its benefits for the study area.

 

Response to Submission 1

Raising of the Warragamba Dam wall height is not within the scope of current flood study and therefore was not considered. The flood assessment undertaken by the NSW Government regarding the raising the dam wall was not made available to the public or councils.

 

Submission 2

This submission is from Boral and made no comments on the study but requested Council to keep them informed of the future floodplain risk management study and plan for the area.

 

Response to Submission 2

The preparation of a floodplain risk management study and developing a floodplain risk management plan for the study area are yet to be funded. During the study all business and residents within the study area will be consulted.

 

Submission 3

The writer raised concerns about the accuracy of flood mapping near Wedmore Road, Emu Heights. The writer referred to a pit blockage during a storm event occurred in early 2020, and as the result floodwaters spilled on to Wedmore Road and then travelled along Polomino Road and Annie Spence Road.  The writer further mentioned that the pit improvement works carried out by Council in 2019 didn’t alleviate the flooding and as such the flood mapping should be amended to represent the flooding which occurred.

 

Response to Submission 3

The submission is referring to a flood which occurred as a result of a blocked pit. The issue was discussed with the resident and advised that pit blockage has been assumed in the flood mapping, which shows the observed flood behaviour i.e. floodwaters spilling onto Wedmore Road.

 

A site inspection was carried out with the resident to further assess the blockage issues.  The outcome of the site visit was a referral to the City Presentation team for appropriate action to minimise blockages.

 

 

Amendments

 

In reviewing the draft report exhibited, some minor amendments were proposed through our internal stakeholders. The amendments made to the flood study report are of a minor nature and listed (summarised) in the “Schedule of Amendments included as Appendix 2.

 

 

Key Implications

 

The adoption of the Emu Plains Overland Flow Flood Study (October 2020) presents Council with contemporary flood information. This information necessitates a review of flood planning levels and associated property flood notations.

 

(a)  Future Flood Planning Levels

 

Once the Emu Plains Overland Flow Flood Study (October 2020) is adopted by Council, all future flood planning activities within the suburbs of Emu Plains, Emu Heights and Leonay will be based on the results of this Flood Study together with the relevant flood study relating to the Nepean River. All flood information (flood levels and flood extents) based on previous study will be superseded by this Emu Plains Overland Flow Flood Study (October 2020).

 

 

(b) s10.7 Flood Planning Notations

 

With the adoption of the Emu Plains Overland Flow Flood Study (October 2020), the s10.7 (formerly s149) flood planning notations will need to be updated for all the properties affected by the flood planning area. 

 

Presently, s10.7 flood planning notations are applied for some parts of the Emu Plains, Emu Heights and Leonay, based on various flood information including the Nepean River Flood Study 2018.  Based on currently available flood information (this Study) and in consultation with Council’s Planning and Legal Departments, the s10.7 flood planning notations have been updated to an additional 802 properties.

 

The Flood Study also provides Council with detailed flood information pertaining to a range of flood events up to the Probable Maximum Flood (PMF).  Council, however, does not presently have a practice of noting PMF on property information.

 

(c)  Floodplain Risk Management Study and Plan

 

The results of the Flood Study will inform the development of a Floodplain Risk Management Plan (next stage, subject to availability of grant funding) for the suburbs of Emu Plains, Emu Heights and Leonay, to address the existing and future flood risks.

 

In accordance with the NSW Government’s Floodplain Development Manual, it is planned to undertake a Floodplain Risk Management Study and to develop a Floodplain Risk Management Plan.  For this purpose, Council is preparing to apply for grant funding from the NSW Government under its Floodplain Management Program 2021/22.

 

Financial Implications

 

Adoption of the flood study has no financial implication to Council. The costs associated with publication of the study documents are already covered under the project cost.

 

Risk Implications

 

Adoption of the Emu Plains Overland Flow Flood Study (October 2020) meets Council’s obligation and good faith provision under the NSW Floodplain Development Manual, April 2005.

 

Conclusion

 

The Final Draft Emu Plains Overland Flow Flood Study (May 2020), which was exhibited for public comment from 6 August 2020 to 3 September 2020, received three (3) submissions. Most of the submissions raised clarifications at a local level but generally raised no objection to the results of the Flood Study such as flood levels or flood extents. As a result of the public exhibition, only minor amendments to the flood study report exhibited were required, as listed in Appendix 2 “Schedule of Amendments”. The amended Flood Study is now titled as “Emu Plains Overland Flow Flood Study Final Report, October 2020”.

 

The Emu Plains Overland Flow Flood Study (October 2020) (The Flood Study Report Volume 1, Volume 2 & Volume 3 were separately provided to Councillors and were made available to the public on Council’s webpage) is now ready for the consideration by Council for formal adoption.

 

The Emu Plains Overland Flow Flood Study (October 2020) has been completed in accordance with the NSW Government’s Floodplain Development Manual and overseen by the Penrith City Council Floodplain Risk Management Committee. The information presented through the Study provides the most accurate and contemporary flood information to assist Council meet its floodplain management obligations. It is recommended that the Study be adopted.

 

RECOMMENDATION

That:

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

2.     The Emu Plains Overland Flow Flood Study Final Report October 2020 be adopted.

3.     The Emu Plains Overland Flow Flood Study Final Report October 2020 be made available to the public through Council’s website.

4.     Council write to those who made a submission advising of Council’s resolution.

5.     Council write to relevant State and Federal Members of Parliament advising them of the adoption of the Emu Plains Overland Flow Flood Study and thanking them for their continued support of Council’s Floodplain Management program.

 

 

ATTACHMENTS/APPENDICES

1.

Emu Plains Overland Flow Flood Study - Study Area

1 Page

Appendix

2.

Emu Plains Overland Flow Flood Study - Schedule of Amendments

1 Page

Appendix

  


Ordinary Meeting                                                                                                       30 November 2020

Appendix 1 - Emu Plains Overland Flow Flood Study - Study Area

 

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Ordinary Meeting                                                                                                       30 November 2020

Appendix 2 - Emu Plains Overland Flow Flood Study - Schedule of Amendments

 

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Outcome 6 - We are healthy and share strong community spirit

 

Item                                                                                                                                       Page

 

8        Review of the Protocol for Service Delivery to People Experiencing Homelessness     75

 

9        RFT20/21-09 Gipps Street Recreation Precinct Detailed Design and Construction Documentation                                                                                                                 86

 

10      RFT20/21-10 Sports Field Lighting at Various Sites                                                       90

 

 

 

 

 



Ordinary Meeting                                                                                         30 November 2020

 

 

 

8

Review of the Protocol for Service Delivery to People Experiencing Homelessness   

 

Compiled by:               Vesna Kapetanovic, Community Projects 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

Provide opportunities for our community to be healthy and active

Service Activity

Deliver programs and work with government and community organisations to improve the capacity and social wellbeing of the community

      

 

Executive Summary

Council currently has its own Protocol for Service Delivery to People Experiencing Homelessness (Protocol) that was endorsed at Council’s Policy Review Meeting on 14 March 2011. The aim of this Protocol is to provide clarity to Council officers in responding to and working through an agreed process for customer service to homeless people.

 

This Protocol that has been in place for nine years, is based on the NSW Protocol for Homeless People in Public Places which recommends a low intervention type response. In light of changing practice for community service delivery and local ‘on the ground’ learning, it is timely and appropriate that Penrith City Council’s Protocol be reviewed and the development of a new protocol with a balanced, compassionate and proactive approach to public space management be considered.

 

The preliminary review of the protocol was provided to Council for consideration at the Councillor Briefing Meeting on 2 November 2020. A revised draft protocol (Appendix 1) that incorporates feedback was provided at the Briefing.

 

This report recommends that the information contained in the Protocol for Service Delivery to People Experiencing Homelessness (Appendix 1) be received and that Council endorse the new Homelessness Protocol.

 

Background

Council provides a range of frontline services that underpin the management of the City and contribute to the wellbeing of the community through the provision of infrastructure and services. Council is not a provider of homelessness services but plays a role in the coordination of services and provision of information. However, as managers of public space, a draft Protocol has been prepared that will enable Council to implement effective and appropriate strategies to manage and coordinate use of public spaces across the City. The principles and actions outlined in the draft protocol will meet the expectations of the whole community, the needs of the organisation and re-affirms Council’s commitment to reduce homelessness.

Earlier this year, Council endorsed a submission to the NSW Protocol for Homeless People in Public Places. In that submission, Council proposed a more proactive approach to working with people experiencing homelessness, to support prevention and early intervention. The Homelessness Protocol proposed is consistent with the submission and reflects a more contemporary, evidence-based approach to responding to homelessness.

 

Reviewing the Protocol for Service Delivery to People Experiencing Homelessness

Council’s current Homelessness Protocol adopts a low intervention framework and discourages an early engagement approach that may act as a circuit breaker before homelessness becomes entrenched for individuals or groups. Council officers have examined approaches utilised by various local councils across Australia and this research has identified that a best practice approach to reducing homelessness is based on early intervention and the rapid coordination of assertive outreach services to the person/s in crisis.

Penrith has witnessed the development of entrenched homeless encampments over the recent years. As can be noted from the Judges Place Carpark example in 2018, these encampments are challenging and complex to resolve. Council encountered a range of difficulties responding to this situation within the existing policy and legislative framework.

The Judges Place encampment was eventually successfully resolved through the development of local by-laws (endorsed by Council at its Policy Review Committee meeting on 13 August 2018) prohibiting the use of the carpark for accommodation and storing belongings. Council worked collaboratively with specialist homelessness services, state government agencies and community organisations to ensure the homeless individual/s were accommodated and had access to appropriate support services.

Resolving the encampment at Judges Place Carpark required a more proactive approach that our current Protocol would support. The review of the Protocol is consistent with the actions taken in this example.

The new by-laws endorsed by Council to manage homelessness in public space and the associated learnings have informed the development of the draft Protocol.

Consultation and Collaboration

Council’s City Activation, Community and Place Department (CACP) has conducted targeted consultation with officers across Council as well with key homelessness specialist service providers and NSW Department of Communities and Justice (DCJ) regarding the concept, content and application of the proposed Protocol.

Internal consultation included Environmental Health - Rangers, City Presentation, Library Services and Customer Experience as they were identified as departments that have operational presence in public places and experience contact with homeless people and/or associated issues within their work. Advice has been sought from Council’s Legal and Governance Department to ensure the draft Protocol recognises Council’s legal obligations.

External consultations were undertaken with key homelessness service providers to ensure contemporary practices are reflected in the policy document and their support and contribution can be sought for the implementation of the Protocol.

Ongoing partnerships and collaboration are critical to the effectiveness of this Protocol to respond to local homelessness. Council continues to work closely with meal service providers to ensure the principles of this Protocol are implemented for the wellbeing and safety of the community.

This draft protocol complements Council’s Mobile Local Food and Homelessness Support Services Policy endorsed at the Policy Review Committee Meeting on 10 July 2017 to promote an integrated service delivery approach that encourages collaborative and safe service delivery in addition to managing issues around amenity and relationships with the local community.

Outline of key changes to the draft Protocol

Based on changing practice and the learnings from a range of Council staff over the last 5 years - key changes to draft Protocol are summarised as follows:

Change to the title of the Protocol for Service Delivery to People Experiencing Homelessness

To ensure consistency, awareness and understanding across the organisation in relation to this response, it is proposed that ‘Homelessness Protocol’ be endorsed as the new title of this framework.

A proactive, early intervention approach to reduce homelessness

The current Protocol is based on a belief that Council officers should not approach homeless people unless they are in obvious distress. As this approach had limited scope in resolving homelessness, and in effect reduces access to services, the new Protocol supports Council officers intervening early to assist the person/s to access specialist services within the parameters of the draft Protocol.

A focus on maintaining public safety and amenity in community space

The draft Protocol acknowledges the right of all people within the community to access Council owned space, facilities and services. If access to these provisions becomes obstructed through homelessness and its impacts, Council will be able to utilise the recently endorsed by-laws under Local Government Act S632 to install signage in a designated space that identifies unacceptable use. Council officers are then able to respond to remediate the space or facility. The previous approach asserted a low intervention approach where Council officers were unable to act to resolve these situations and encampments developed such as the Judges Place Carpark example.

Compassionate management of public space

Council ensures that all spaces, services and facilities are welcoming and inclusive for all groups within the community. This means all people within the community have equal access to spaces, services and facilities and no particular group is to be prioritised over another. The approach assumed in the draft Protocol focuses on actively resolving the instance of homelessness through increased collaboration with external service providers alongside improved internal systems for reporting homelessness and responding to individuals in crisis.

It is important to note that this Protocol recognises the diverse types of homelessness that impact the community. The cultural definition of homelessness developed by Chamberlain and MacKenzie (1992) and is utilised by the Australian Bureau of Statistics (ABS) informs and provides reference for this Protocol. In some cases, individual/s who are homeless live in their cars as a form of accommodation. This can be considered within the category of primary homelessness and takes into account individuals who are without conventional accommodation and sleep rough by living on the streets, in deserted buildings, improvised dwellings, under bridges, in parks, as well as individuals living in their cars.

 

Key Principles of draft Homelessness Protocol

The following principles guide the draft Protocol and aim to encourage a compassionate response that balances the needs of all members within the community.

·    All members of the community are to be treated respectfully and have fair and equitable access to Council owned public spaces, services and facilities. 

·    Council will ensure that a person who is homeless or at risk of homelessness has access to services, information and resources if they need or request them.

·    Council will pro-actively respond to instances of homelessness and coordinate the key services to effectively resolve situation of homelessness.

·    Council officers will feel competent to respond to crisis situations and to protect the wellbeing of the homeless person/s and other people around them.

·    A homeless person is free to carry with them and store their own belongings.

·    Council has a responsibility to maintain public safety and amenity in community space.

·    Addressing homelessness and its impacts requires a whole of organisation response.

·    Collaborative partnerships, information sharing and advocacy.

 

Financial Implications

Additional costs associated with the delivery of the new protocol will be funded within existing Operational and Delivery Program budgets. Should the need arise for any new programs or initiatives, the existing processes for requesting new funds will apply.

Risk Implications

There are no significant risks for Council associated with this report. All project risks will be managed by Council staff through risk management procedures.

Conclusion

The new protocol represents a more proactive approach to managing homelessness in public spaces and will enable Council officers, working with homelessness service providers to provide early assistance and information to homeless people prior to the development of encampments or entrenched homelessness.

 

RECOMMENDATION

That:

1.     The information contained in the report on Review of the Protocol for Service Delivery to People Experiencing Homelessness be received

2.     Council endorse the Homelessness Protocol.

 

 

ATTACHMENTS/APPENDICES

1.

Draft Homelessness Protocol

7 Pages

Appendix

  


Ordinary Meeting                                                                                                       30 November 2020

Appendix 1 - Draft Homelessness Protocol

 

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Ordinary Meeting                                                                                         30 November 2020

 

 

 

9

RFT20/21-09 Gipps Street Recreation Precinct Detailed Design and Construction Documentation   

 

Compiled by:               Wasique Mohyuddin, Major Projects Coordinator

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

RFT20/21-09 Gipps Street Recreation Precinct Detailed Design and Construction Documentation was advertised online through Apet360 on 23 September 2020. The tender closed on 26 October 2020.

 

The tender was advertised to engage design consultancy services to prepare a concept and detail design and construction documentation.

 

This report advises Council of the outcome of the tender evaluation process and recommends that the tender received from Group GSA Pty Ltd be accepted for the full scope of works outlined in RFT20/21-09 Gipps Street Recreation Precinct Detailed Design and Construction Documentation for the amount of $1,337,000 (excluding GST).

 

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.

 

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).

In July 2020, Council adopted the revised Master Plan which was developed after consideration of community and sport user group engagement, and this tender is to undertake the detailed design in preparation for a construction tender.

 

Tender Evaluation Process

The Tender Evaluation Committee consisted of Major Projects & Design Coordinator Ari Fernando, Major Projects Coordinator Wasique Mohyuddin, Landscape Architect David Forward, Community Facilities and Recreation Planning & Projects Coordinator Virginia Tuckerman and was chaired by Design and Projects Manager Michael Jackson. The Tender Evaluation Committee was supported by Procurement Business Partner Allyce Langton and the probity advisor was Procurement and Contract Management Specialist Bill Stanley.

 

The tenders we received were assessed using the advertised evaluation criteria of:

·    Work Health & Safety

·    Works method and program

·    Demonstrated ability

·    Business references

·    Financials

·    Employment policies and details (direct labour and sub-contractors)

·    Local Business Preference

·    Quality Assurance and Environmental Management Systems

·    Value for money

Initial Tender Review

A full listing of the tenders received is detailed below in price order (ex GST).

Company

Tendered Price

Company Location

Directors

APP Corporation Pty Ltd

$1,293,790

Level 7, 116 Miller Street

North Sydney NSW 2060

Adam Castro,

Dean Pritchard

James Mather Delaney Design Pty Ltd

$1,312,874

190 James Street

Redfern NSW 2016

Ingrid Mather

Anton James

James Delaney

Group GSA Pty Ltd

$1,337,000

Level 7 80 William Street

East Sydney NSW 2011

John Holland

Arcadia Landscape Architecture Pty Ltd

$1,353,045

Suite 76

26-32 Pirrama Road

Pyrmont NSW 2009

Alex Longley,

Michael Barnett

Aspect studios Pty Ltd

$1,483,405

78 George St

Redfern NSW 2016

Sacha Coles

Newscape Design Pty Ltd

$1,561,426

Level 1, 24 - 26 Botany Road Alexandria NSW 2015

John Newman

Katie Newman (nee Haire)

Morrison Design Partnership Pty Ltd

N/A

Suite 302, 69 Christie Street

St Leonards NSW 2065

Glen Ollerton,

Markam Ralph,

Morrison Design Partnership Pty Ltd did not submit a conforming tender and was considered non-compliant and could not be considered by the Tender Committee for further assessment.

 

The remaining six tenders were evaluated in detail against the weighted evaluation criteria to determine an effectiveness rating. Consideration was then given to the tenderer’s price schedules, exclusions and qualifications to determine the best value for money solution with competency in technical aspects of the tender.

 

Evaluation of the Preferred Tender

The tender received from Group GSA Pty Ltd was considered by the Tender Evaluation Committee to be providing the highest value for money compared to the next on the ranking list in terms of both effectiveness and price.

The recommended company, Group GSA Pty Ltd, was selected based on their:

1)   Compliance with the tender evaluation criteria,

2)   Demonstrated ability to meet Council’s requirements,

3)   Competitive price for the services offered.

 

The Tender Evaluation Committee thoroughly reviewed the information provided pertaining to past experience of the proposed tenderer and conducted reference checks.

Clarifications were requested from Group GSA Pty Ltd prior to finalising the committee’s recommendation. These clarifications are factored into the tender evaluation and do not represent a risk to project budget.

 

Group GSA Pty has delivered numerous design projects of similar nature and value on behalf of other local councils. Council’s Project Management team is satisfied with their performance and reference checks have also returned with positive feedback. 

 

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, industry analysis, financial analysis, and performance analysis on Group GSA Pty. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services. No concerns were raised as to the ability of Group GSA Pty Ltd to perform the works described. The total tendered price by Group GSA Pty Ltd of $1,337,000 (excluding GST) is within the available budget.

 

Funding for the proposed detailed design and construction documentation is available through the section 7.11 Penrith City District Open Space.

 

Tender Advisory Group (TAG) 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 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 Gipps Street Recreation Precinct Detailed Design and Construction Documentation noting that Group GSA Pty 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 Gipps Street Recreation Precinct site is a former tip site and there have been many years of effort to ensure the site meets stringent safety requirements. The key risk on this site pertains to those safety requirements and all known issues have been resolved and signed off to the satisfaction of the relevant auditors.

 

The design brief has captured all specific requirements to be considered during the design phase to ensure all risks are managed and management plans are in place for park operations throughout the lifecycle of the assets.

 

With an appropriate budget having been established for asset maintenance and all the requirements of the auditors known, it is felt that this risk has been adequately mitigated.

 

Conclusion

The Tender Evaluation Committee is of the opinion that Group GSA Pty Ltd provided the most advantageous tender and it is recommended that the Company be awarded the contract for a contract sum of $1,337,000 excluding GST.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT20/21-09 Gipps Street Recreation Precinct Detailed Design and Construction Documentation be received

2.     Group GSA Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the Gipps Street Recreation Precinct Detailed Design and Construction Documentation for an amount of $1,337,000 excluding GST.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         30 November 2020

 

 

 

10

RFT20/21-10 Sports Field Lighting at Various Sites    

 

Compiled by:               Mitchell Sammut, 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

Deliver the Parks Asset Renewal Program

      

 

Executive Summary

RFT 20/21-10 for the services of contractors to provide sports field lighting and associated works at various sporting facilities was advertised on 21 September 2020 on Apet360 and e-tendering websites and closed on Tuesday 13 October 2020 at 11.00am.

The project will see various remaining stages of floodlighting works across four sporting facilities completed. This will provide all facilities with Australian standard sports field lighting applicable to the various sporting codes. The sites included in this project are below.

•        Eileen Cammack Reserve, South Penrith

•        Gow Park, Mulgoa

•        Kingsway Rugby League Fields, Werrington

•        Surveyors Creek Softball Facility, Glenmore Park

This report advises Council of the outcome of the tender process and recommends that the tender from Kealec PTY. Limited t/a Sportz Lighting, for the amount of $306,893.00 (excluding GST) be accepted for RFT20/21-10 Sports Field Lighting at Various Sites.

Background

At Council’s Ordinary Meeting on 27 July 2020 Council accepted grant funding from Local Roads and Community Infrastructure (LRCI) Program from the Federal Government’s Department of Infrastructure, Transport, Regional Development and Communications for various projects. 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 four of these projects included floodlighting upgrades works to meet the relevant Australian Standards.

Eileen Cammack Reserve Stage 2, South Penrith – Installation of 3 new 25m poles, associated fittings, cabling, conduit and switchboard works. This will bring field 2 up to 100 lux for match play and mod and mini fields up to 50 lux for training purposes.

Gow Park Stage 2, Mulgoa – Installation of 4 new 25m poles, associated fittings, cabling, conduit and switchboard works. Bringing fields 1 and 2 up to 100 lux for match play.

Kingsway Rugby Fields Stage 3, Werrington, – Installation of 2 new 18m poles, associated fittings, cabling, conduit and switchboard works. This will bring the mini fields up to 100 Lux for match play.

Surveyors Creek Softball Facility Diamond 2, Glenmore Park– Retrofitting to diamond two existing poles LED fittings and associated electrical works including switchboard. This will bring diamond two up to 250 lux infield and 150 lux outfield and allow for match play.

Tender Evaluation Panel

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

 

Tender Evaluation Criteria

Tenderers for the project were required to submit their tender using the Apet360 tendering software, which clearly defined the response required against each of the evaluation criteria.

The tenders we received were assessed using the advertised evaluation criteria of:

 

•        Company Profile

•        Conformance, Acceptance and Declaration

•        Business References

•        Completion of Forms Tender Price submitted

•        Compliance Statement

•        Demonstrated Ability

•        Works Method and Program

•        Local Business Preference

•        Financials

•        Employment Policies

•        Quality Assurance Systems

•        Environmental Management Systems

•        Work Health and Safety

 

Summary of Tenders Received

A total of eight (8) tenders were received by the closing date of the advertised tender and are listed below in price order (ex GST).

Company

Tendered Price

Company Address

Owners/Directors

Kealec Pty. Ltd t/a Sportz Lighting

$306,893.00

Unit 6 / 72-80 Percival Road, Smithfield NSW 2164

Tim Keane

Havencord Pty. Ltd t/a Floodlighting Australia

$323,910.00

235B Back Forest Road, Back Forest New South Wales 2535

Paul Connor

JRW Trading Ptd Ltd t/a Jaydub Electrical Services

$391,509.80

9/1 Boden Road, Seven Hills New South Wales 2153

Joshua Wheatley

Hix Group Pty Ltd

$418,270.00

Unit 1, 10 Production Place, Penrith NSW 2750

Ian Hicks

Exceptional Electrical Services (Aust) Pty Ltd

$427,553.30

Unit 3, 16-18 Northumberland Road, Taren Point NSW 2229

Craig Masters

Stowe Australia Pty Ltd t/a Stowe Australasia

$585,462.80

57 Jack Williams Drive, Penrith NSW 2750

David Madson

Chris Madson

Barry Hore

Mick Pawelko

Scott Gandy

Metwest Engineering Pty Limited

$1,095,359.00

18 Lee Holm Road, Street Marys NSW 2760

Angelo Barbaro

Twin Connect Pty Ltd

$1,115,859.71

4/40 Marigold Street, Revesby NSW 2212

Peter Husari

Short Listed Tenderers

The tenders submitted by Metwest Engineering Pty Ltd & Twin Connect Pty Ltd were beyond the available budget so were not considered further.

The six remaining tenders are listed below:

•        Kealec Pty. Ltd t/a Sportz Lighting

•        Havencord Pty. Ltd t/a Floodlighting Australia

•        JRW Trading Ptd Ltd t/a Jaydub Electrical Services

•        Hix Group Pty Ltd

•        Exceptional Electrical Services (Aust) Pty Ltd

•        Stowe Australia Pty Ltd t/a Stowe Australasia

 

Evaluation of the Preferred Tender

All six tenders were assessed against the evaluation criteria.

On assessment the two tenders  from Sportz Lighting and Hix Group presented the most advantageous offers to Council. All other tenders were not considered further as they either failed to address the evaluation criteria or their prices were higher therefore, ranked below the submissions of Sportz Lighting and Hix Group. 

Clarifications were sought from Sportz Lighting and Hix Group on technical matters on their tenders and their respective responses didn’t impact on the outcome of the tender. The panel agreed that the Sportz Lighting submission was the best value for Council on the responses provided, clearly demonstrating their suitability to undertake the project.

Sportz Lighting specialise in sport field lighting and have completed a number of projects for Council in the past, including the recently completed Cook and Banks Oval Floodlighting project.

The recommended company, Sportz Lighting was selected based on their:

1)   Compliance with the tender evaluation criteria,

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

3)   Competitive price for the services offered.

 

 

 

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Kealec Pty Ltd t/a Sportz Lighting. 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.

Funding for the proposed sports field lighting works will be covered by the Local Roads and Community Infrastructure Program from the Federal Government’s Department of Infrastructure, Transport, Regional Development and Communications.

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 RFT20/21-10 Sports Field Lighting Various Sites, it was noted that the recommended proposal is the lowest cost and the company has demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

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

This project will add new floodlighting to existing floodlights with public safety a key part of the construction methodology and project plan.

Conclusion

Kealec Pty Ltd t/a Sportz Lighting provided the best price that also met the tender evaluation criteria to undertake the project. It is recommended that the proposal and lump sum price from Kealec Pty Ltd t/a Sportz Lighting, for the amount of $306,893.00 (excluding GST) be accepted for RFT20/21-10 Sports Field Lighting at Various Sites.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT20/21-10 Sports Field Lighting at Various Sites be received

2.     The proposal and lump sum price from Kealec Pty Ltd t/a Sportz Lighting, for the amount of $306,893.00 (excluding GST) be accepted for RFT20/21-10 Sports Field Lighting at Various Sites.

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.  


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                       Page

 

11      Plan of Redefinition - Allen Place Carpark                                                                      97

 

12      Soper Place - Partial Road Closure                                                                               105

 

13      Easement for Water Supply - Lot 1 DP 566392 Factory Road Regentville                  108

 

14      Mayoral Charity Golf Day 2021 Nominated Charity                                                      111

 

15      Code of Conduct - Report on Complaints Statistics                                                      113

 

16      Organisational Finance Review - September 2020                                                       115

 

17      Summary of Investment & Banking for the Period 1 October 2020 to 31 October 2020 121

 

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                         30 November 2020

 

 

 

11

Plan of Redefinition - Allen Place Carpark   

 

Compiled by:               David Ellks, Property Projects Co-ordinator

Authorised by:            Nathan Ritchie, Property Development Manager

Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Provide property services and manage community and commercial requests for the use of Council owned or controlled land

      

 

Executive Summary

This report seeks Council’s endorsement to register the Plan of Redefinition of the lots

contained within the Allen Place site, to confirm the boundaries of the land, and obtain a

Certificate of Title. The Plan of Redefinition will clarify land tenure and simplify the land

assembly in the Central Park Village precinct and assist in progressing the City Park Project.

 

Background

Following Council’s endorsement in September 2019 to finalise the road dedication of Allen

Place, the land acquired for Allen Place Car Park in 1961 and 1963 has now been dedicated

as public road.

 

The road dedication process did not produce a Certificate of Title for the lot, and due to

much of Allen Place being made up of Old System land, the boundaries of the lots that

comprise the site have never been fully defined by survey.

 

Plan of Redefinition

To confirm the boundaries of the Allen Place land and obtain a Certificate of Title, a Plan of

Redefinition is required. The plan known as DP1263787 has recently been completed and is shown in Appendix 1. In order to register the plan with the NSW Land Registry Services, Council must execute the Administration Sheet accordance with the Conveyancing Act 1919.

 

Financial Implications

The cost of registering the Plan of Redefinition of the lots contained within the Allen Place site, confirmation of the boundaries, and Certificate of Title is able to be funded from the Property Development Reserve.

Risk Implications

This is a procedural matter aimed at reducing risk to Council in assembling the land for ongoing management and any future redevelopment.

 

Conclusion

It is recommended Council endorse the registration of the Plan of Redefinition of Allen Place, identified as DP1263787 (survey date: 01 April 2020, surveyors reference: SURV004), and that the Common Seal be placed on all necessary documentation.

 

RECOMMENDATION

That:

1.     The information contained in the report on Plan of Redefinition - Allen Place Carpark be received.

2.     The Plan of Redefinition of Allen Place identified as DP1263787 be registered at NSW Land Registry Services.

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

 

ATTACHMENTS/APPENDICES

1.

Plan of Redefinition - Allen Place Carpark

6 Pages

Appendix

  


Ordinary Meeting                                                                                                       30 November 2020

Appendix 1 - Plan of Redefinition - Allen Place Carpark

 

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PDF Creator






Ordinary Meeting                                                                                         30 November 2020

 

 

 

12

Soper Place - Partial Road Closure   

 

Compiled by:               Laura Gray, Property Project Officer

Authorised by:            Nathan Ritchie, Property Development Manager

Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Provide property services and manage community and commercial requests for the use of Council owned or controlled land

      

 

Executive Summary

The purpose of this report is to seek Council’s approval to proceed with the permanent road closure of part of Soper Place, Penrith to facilitate the Soper Place Revitalisation Project.

The land is currently unsealed road reserve adjoining the Soper Place Carpark. Upon closure, it is proposed the land be vested in Council and classified as “Operational Land” under the provisions of the Local Government Act 1993 (NSW).

Background

The existing car park at Soper Place is currently being transformed to provide an additional 600 decked car parking spaces, mixed use commercial premises and green space for the community. 

In preparation for the project, formalisation of the site’s boundaries is required. Accordingly, a small section of Soper Place road reserve is proposed for closure to accommodate the proposed building footprint and enable a proposed road realignment as shown in appendix 1. The proposed closure area is currently unsealed road reserve adjoining the Soper Place Carpark as outlined in black edging on the map below.

Soper Place Part Road Closure

In accordance with the regulatory provisions of the Roads Act 1993, Community consultation has been undertaken with surrounding property owners, tenants, relevant authorities and those deemed to be affected by the proposal notified of the proposed closure.

No objections were received during the twenty-eight (28) day notification period. Crown Lands NSW have also provided their concurrence to the closure and confirmed the road will vest in Council upon closure.

Although this portion of the Soper Place road reserve will be closed, there will be no immediate physical changes to the current road use pattern and subsequently no immediate effect for those utilising the carpark and laneway.

All physical changes to the road network and alignment will be the subject of further approvals required as part of the overall Soper Place Redevelopment Project.

Financial Implications

All costs associated with the permanent partial road closure and realignment of Soper Place, Penrith are budgeted and funded from within the Soper Place revitalisation project.

Risk Implications

The risk to Council is considered low as with the proposed closure being completed by Council as a Roads Authority in accordance with the regulatory requirements under the Roads Act 1993.

Conclusion

The permanent closure of this small section of Soper Place is being undertaken to facilitate the redevelopment of the Soper Place site. The formal closure will have no physical impact of the current day to day operation of the carpark or the road network in the vicinity.

This closure is integral in ensuring the Soper Place revitalisation project remains on track to be delivered within the prescribed timeframe and in accordance with the proposed project designs.

 

RECOMMENDATION

That:

1.     The information contained in the report on Soper Place - Partial Road Closure be received

2.     Part Soper Place, as identified within the report, be permanently closed in accordance with the Roads Act 1993

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

4.     The parcel of closed road, once registered and vested in Council, be classified as Operational Land.

 

ATTACHMENTS/APPENDICES

1.

Plan - Proposed closure area and project area

1 Page

Appendix

  


Ordinary Meeting                                                                                                       30 November 2020

Appendix 1 - Plan - Proposed closure area and project area

 


Ordinary Meeting                                                                                         30 November 2020

 

 

 

13

Easement for Water Supply - Lot 1 DP 566392 Factory Road Regentville   

 

Compiled by:               Karen Luka, Senior Development Manager

Authorised by:            Nathan Ritchie, Property Development Manager

Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Provide property services and manage community and commercial requests for the use of Council owned or controlled land

      

 

Executive Summary

This report seeks Council’s endorsement to modify the location of an easement for water supply over Council public reserve being Lot 1 DP 566392, Factory Road Regentville known as Blakie Reserve.  The Water Access Licence has been in-situ since approximately 1977, however, the infrastructure was incorrectly constructed outside the registered easement corridor.

Council has been requested by the current property owners benefited by the easement to modify the easement to reflect infrastructures correct location to the benefit of Lot 133 DP 1204164. This report recommends rectification of the matter via an extinguishment of the current easement and creation of a new easement in the correct location.

Background

In 1977, an easement for water supply was created over Council public reserve (Blakie Reserve) being Lot 1 DP 566392, Factory Rd Regentville by Deed of Conveyance No 501 Book 3261.

The purpose of the easement was to activate Water Access Licence 26405 to enable extraction of water from the Nepean River in favour of Lot 2 DP 596506 by the then owner James Blakie. 

However, at the time of construction, it appears the water infrastructure was not correctly contained within the registered easement corridor. The registered easement location and constructed infrastructure location are shown in appendix 1.

In 2014, Lot 2 DP 596506 was subsequently subdivided, with the current easement and the Water Access Licence now vesting in and benefitting Lot 133 DP 1204164 (Lot 133).

Current Situation

In 2020, Council received an application from Vicary Pty Ltd (Directors - Peter Jack Vicary & Kristelle Chantel Vicary), the current owner of Lot 133, requesting to modify the existing easement for water supply to reflect the infrastructures correct location.

The application was referred to City Assets, who have raised no objection to the proposed easement relocation. As the water supply infrastructure is existing, the rectification of the easement will not involve any physical changes to the land.

It is proposed that the existing easement created by Deed of Conveyance No 501 Book 3261 is extinguished and a new easement to the benefit of Lot 133 will be created reflecting the correct location of the infrastructure. No compensation is payable for this rectification given comparable easement areas; however, the applicant is responsible for meeting all costs and Council’s associated fees and charges. The creation of the new easement will be conditional on extinguishment of the existing one.

Financial Implications

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

Risk Implications

The proposal is considered low risk to Council and mitigates any future risks by rectifying the incorrect positioning of private water infrastructure on Council’s land.

Conclusion

It is recommended that Council modify the existing easement by granting an easement over Lot 1 DP 566392 for water supply purposes to the benefit of Lot 133 DP 1204164 owned by Vicary Pty Ltd, to facilitate Water Access Licence 26405. The applicant accordingly be required to extinguish the existing easement for water supply, created by Deed of Conveyance No 501 Book 3261 as a condition granting the new easement. 

 

RECOMMENDATION

That:

1.     The information contained in the report on Easement for Water Supply - Lot 1 DP 566392 Factory Road Regentville be received

2.     Council grant an easement over Lot 1 DP 566392 in favour of Lot 133 DP 1204164 as per the terms and conditions listed within the report.

3.     The applicant as a condition, extinguish the existing easement for water supply over Lot 1 DP 566392, created by Deed of Conveyance No 501 Book 326.

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

 

 

ATTACHMENTS/APPENDICES

1.

Easement for Water Supply Factory Rd Regentville

1 Page

Appendix

  


Ordinary Meeting                                                                                                       30 November 2020

Appendix 1 - Easement for Water Supply Factory Rd Regentville

 

PDF Creator


Ordinary Meeting                                                                                         30 November 2020

 

 

 

14

Mayoral Charity Golf Day 2021 Nominated Charity   

 

Compiled by:               Kelly Paljusic, Events Officer

Authorised by:            Rebecca Hackney, Communications Manager

Andrew Moore, Director - Corporate Services  

 

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

Keep our community informed about what council is doing

      

 

Executive Summary

The annual Mayoral Charity Golf Day supports a local charity each year. For the event in 2021 the Mayor, Cr Karen McKeown OAM has proposed to support The Haven, Nepean Women’s Shelter.

Background

Penrith City Council hosts an annual Mayoral Charity Golf Day which brings local businesses together to foster philanthropy and highlight how we can partner to support vulnerable people in our community. A charity located or conducting services within the Penrith LGA is chosen each year by the Mayor to receive funds raised from the day.

Current Situation

The 2021 Mayoral Charity Golf Day will be held on Friday, 12 March at Penrith Golf Club. The Mayor has chosen The Haven, Nepean Women’s Shelter as the charity to support for this event.

 

The Haven provides a safe haven and inclusive environment to empower and inspire women and children to rebuild their lives with dignity after escaping domestic violence. The Haven also provides knowledge and support, and works in partnership with women to build the confidence to regain control of their lives, provides services that inspire the strength to rebuild an independent life free from violence and establish a sense of community, connection and safety to enhance wellbeing.

 

Between October 2016 to September 2017 in the Penrith region there were 1,904 incidents of domestic violence reported. It’s anticipated that as many as 70% of Incidents go unreported. The Haven, Nepean Women’s Shelter is a volunteer-led organisation that relies on non-government assistance.

Financial Implications

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

Risk Implications

Risk implications associated with this report are low. The Haven has an established track record of providing assistance to women in need.

 

Conclusion

Council has provided charitable support through hosting the Mayoral Charity Golf Day for many years. It is recommended that Council continues to provide support to local organisations to foster resilience and connection post-pandemic.

 

RECOMMENDATION

That:

1.     The information contained in the report on Mayoral Charity Golf Day 2021 Nominated Charity be received.

2.     Council endorse the selection of nominated charity The Haven, Nepean Women’s Refuge as the beneficiary of funds raised from the Mayoral Charity Golf Day 2021.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         30 November 2020

 

 

 

15

Code of Conduct - Report on Complaints Statistics   

 

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

Under the Model Code of Conduct Procedures, Council’s Complaints Coordinator must, within three months of the end of September each year, report on a range of complaints statistics to Council and the Office of Local Government (OLG).

 

This report will provide Council with complaints statistics as required under section 11.1 of the Model Code of Conduct Procedures before being forwarded to the OLG. This year’s report records one (1) Code of Conduct complaint concerning Councillors and the General Manager.

Background

Council has adopted a Code of Conduct, consistent with the Model Code which incorporates the requirement to provide the OLG with statistics on the code of conduct complaints received during the 12 month reporting period.

 

Current Situation

 

Under Section 11.1 of the Model Code of Conduct Procedures, Council’s Complaints Coordinator must arrange for a range of statistics to be reported to Council and subsequently be forwarded to the OLG. The procedures require that all code of conduct complaints and the management and investigation of them must be treated as confidential, unless specifically required under the procedures. Accordingly it is not appropriate to share the details within this report or otherwise.

 

The tables below provide the statistics for the period beginning 1 October 2019 through to 30 September 2020:

 

Table 1:

 

Code of Conduct Statistics

Totals/Outcomes

Complaints made about Councillors and the General Manager*

1

Complaints referred to a conduct reviewer

0

Complaints finalised by a conduct reviewer at the preliminary assessment stage

0

The outcome of complaints finalised at the preliminary assessment stage

0

The number/outcome of Complaints investigated by a conduct reviewer

0

The number/outcome of Complaints investigated by a conduct review committee

0

The number/outcome of matters reviewed by the OLG

 

0

*Complaints concerning staff, other than the General Manager, are dealt with by the General Manager and do not form a part of this reporting requirement.

 

Table 2:

 

Total cost of dealing with complaints during the period (including staff costs)

$1,500

 

 

Financial Implications

 

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

Risk Implications

There are no specific risks associated with compliance with the recommendations of this report.

Conclusion

This report provides Council with the statistics and costs in relation to complaints received under the Council’s Code of Conduct for the period 1 October 2019 to 30 September 2020.

 

RECOMMENDATION

That:

1.     The information contained in the report on Code of Conduct - Report on Complaints Statistics be received

2.     A copy of this report along with complaints statistics provided in accordance with 12.1 of the Model Code Procedures be forwarded to the Office of Local Government.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         30 November 2020

 

 

 

16

Organisational Finance Review - September 2020   

 

Compiled by:               Neil Farquharson, Acting Director - Corporate Services

Geraldine Brown, Strategic Finance Coordinator

Authorised by:            Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Support financial sustainability through financial planning and budget management

      

 

Executive Summary

This report outlines Council’s progress towards implementing its five-year Delivery Program for the first quarter period of 1 July to 30 September 2020. The report should be read in conjunction with the Organisational Report – September 2020 (refer attached), which records significant Variations, Reserve movements, proposed Revotes, Contracts, Consultancies and Legal Expenses, Cash and Investments position, Income and Expenses by Program, and our progress in completing the organisation’s Operating and Capital Projects for 2020-21.

 

Council projected a balanced budget in the adoption of the Original 2020-21 Operational Plan. The September 2020 Quarterly Review has resulted in a small surplus now being predicted for the quarter and the full year of $14,318.

 

The September Quarter has presented some variations to the predicted annual budget as is often the case with this first review, as many of the estimates and assumptions included in the Original Budget development are confirmed. The most notable variations in this Review impacting the budget position relate to favourable salary savings ($296,498), which have been offset by lower than expected 2020-21 Financial Assistance Grant ($36,166) and a Finding Balance organisational initiative ($40,000).

 

The net organisational salary savings of $296,498 identified in this quarter, predominantly relate to budget adjustments to reflect the actual award increase of 1.5%, and staff vacancies. It is proposed that these salary savings be retained within the Employee Cost budget at this stage and not be reallocated until the end of the year, to manage any budgetary risks for the remainder of the year. Council’s LTFP has foreshadowed that increases to the annual Employee Leave Entitlement (ELE) provision will be required and a strategy to increase this provision has been implemented. Council is committed to ensuring that sufficient provision is made for ELE and therefore it is proposed that any salary savings will be transferred to the ELE Reserve as part of the June 2021 Review, once provision for current year payments are made. 

 

In order to track the actual impact of COVID-19 on Council’s operations and revenue, a separate COVID-19 Impact Reserve was created as part of the March 2020 Quarterly Review. This Reserve initially resulted in a deficit balance for the Reserve as we are only notionally funding from this Reserve against Council’s other internal unrestricted reserves with the intention that future surpluses will be directed towards repayment of this Reserve. The COVID-19 impact was included in the Original 2020-21 Budget with a predicted General Revenue impact of $3.8m. This prediction has now been reviewed as part of the September Quarterly Review process with the revised General Revenue impact for the year being $4.7m.

 

Further details on proposed major variations are provided in this report, with more detail also included in the Organisational Report – September 2020.

 

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

Financial Position for the September 2020 Quarter

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

·    Budget position (whether balanced/surplus/deficit)

·    Significant variations

·    Identified revotes (n/a for September 2020)

·    Funding summary

·    Reserve movements for the quarter

·    Capital and Operating Budget Projects list for the quarter

·    Key performance indicators

·    Income and expenses

·    Income and expenses by program

·    Capital budget

·    Cash and investments

·    Contracts and other expenses

·    Consultancy and legal expenses.

 

Budget Position

 

$’000s

Original Budget Position

0

September 2020 Quarter Variations Adopted by Council

0

September 2020 Quarter Review Proposed Variations

14

Revised Budget Position Surplus/(Deficit) projected to June 2021

14

 

The predicted cumulative result for the year as at September 2020 is a surplus of $14,318 after the recommended variations for the quarter. Commentary is provided below on some of the more significant issues in the review (F= Favourable, U= Unfavourable, A= Allocation). Further details together with all proposed variations, variations with no impact on available funds, and reserve movements, are detailed in the Organisational Report – September 2020.

 

Net Salary Savings - $296,498 F (0.25%)

During the 1st quarter of 2020-21 salary budgets have been revised to reflect the actual award increase of 1.5% as the Original Budget was based on the assumption of a 2.5% award increase. Salary budgets have also been adjusted to reflect approved RAR staffing bids since the Original Budget was adopted in June 2020.

 

Salary savings have also been realised primarily due to vacancies across a number of departments. The majority of these vacant positions are in the process of being filled. It is recommended that some of the identified salary savings are retained in the individual departments to enable the engagement of consultants or temporary staff to ensure the delivery of key Operational Plan tasks and projects. The salary savings, net of those being retained by departments, total $296,498.

 

It is proposed that as part of the September Quarterly Review that salary savings of $296,498 are retained within the employee costs area to assist with year-end employee cost balancing and to supplement the budget for terminations. Any remaining savings at year end could then be transferred to the Employee Leave Entitlement (ELE) Reserve.

 

Finding Balance - $40,000 U (100%)

Finding Balance is an organisational initiative that aims to transform the ways of working in response to the pandemic, finding ways to stay connected with one another and prioritise staff health and wellbeing. The initiative begins with a 6-week Finding Balance event series that will help to inspire and connect staff.

 

Financial Assistance Grant - $36,166 U (1%)

As reported to Council's Ordinary Meeting of 28 September 2020, advice has now been received confirming Council’s 2020-21 Financial Assistance Grant (FAG) entitlement. The FAG allocated for 2020-21 is $36,166 less than originally budgeted for the General Component.

 

Other variations with no impact on Available Funds

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

 

There are no Revotes proposed for the September 2020 Quarter.

COVID-19 Budget Impact

In order to track the actual impact of COVID-19 on Council’s operations and revenue a separate COVID-19 Impact Reserve was created initially resulting in a deficit balance for the Reserve as at this stage we are only notionally funding from this Reserve. It has effectively resulted in a loan against our internal reserves, while appropriate recovery actions are considered by Council. At the conclusion of each reporting period a review of actual vs budgeted impact will be undertaken with any variance adjusted against the original source of funding for this Reserve and surplus directed towards the repayment of this internal reserve. For the September 2020 quarter the net change in this Reserve is an increase in the deficit balance of $860,697.

The table below tracks the financial impact of COVID-19 for the six months March to September 2020, with the revised forecasted total impact in 2020-21 of $5m.

 

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

 

PWS Contribution - $297,660 U (109%)

A formal request for subsidy has been received from Penrith Whitewater Stadium to meet their operational requirements for 2020-21 Financial year. The COVID-19 pandemic and associated government restrictions have severely affected PWS revenue and restrictions are expected to continue resulting in a significant revenue shortfall. In addition to the $272,340 estimated in the Original Budget it is now proposed to add $297,660 in the September Review to bring the total contribution to $570,000 for 2020-21.

 

Ripples Income - $139,635 U (3%)

Under NSW Health COVID-19 restrictions in place relating to the Department of Education, educational/ sporting excursions are suspended. This has resulted in all school bookings including School Learn to Swim or School Carnivals being cancelled. The impact to Ripples has seen venue hire and school entry receive no revenue, and this is expected to continue until February 2021.

 

Hall Hire Income - $128,273 U (22%)

The income for hire of community facilities during the first quarter remained significantly low as a direct result of COVID-19 risks and restrictions. Though approximately 60% of regular hirers have recommenced their group activities, function hire is still not permitted. A similar impact on revenue is expected in the next quarter as the restrictions are expected to continue. It is anticipated that income will gradually increase as restrictions ease and user groups return. In addition to this, under Council’s COVID-19 Fee Relief Program currently in operation, hirers may be granted Hall Hire fee relief on application.

 

Net Rates Income -$109,712 U (0.06%)

Rates income is anticipated to be $100K (F) above forecasts due to increasing development of industrial lots in Western Sydney Employment Area. However, due to COVID-19 interest income is expected to be down by $163K (50%) on initial estimates due to interest charges being 0% for first half of 2020-21, and legal and solicitors income will be down by around $88K (50% of initial estimates) due to a moratorium on legal action. This lower income will be partially offset by lower legal expenditure, that will be down by around $40K (50%) due to the moratorium on legal action.

 

Temperature Testing Kiosks - $86,540 (100%)

As part of the new temperature checking and sign-in procedures introduced by Council, 10 AI facial recognition free standing contactless thermometer units with thermal IP cameras were supplied and installed across Council workplace buildings. Temperature checks are now compulsory for all customers, visitors, and staff visiting any of these locations. The budget also includes an allocation for the bulk purchase of face masks.

 

Library Operations - $70,413 U (125%)

Of these costs, $55,788 are attributed to the Library re-opening and strict new measures for staff and public safety from the NSW Government necessitating frequent touchpoint cleaning at Penrith, St Marys and St Clair Libraries. The current COVID-19 and associated government social distancing requirements have resulted in lower patronage of the library and its services. As a result, a decline in Library Fee Income has occurred particularly in the area of Internet Sales Income ($14,625).

 

Temporary Depots Security Contract Services - $50,000 U (100%)

The establishment of temporary depots at The Kingsway and at the Civic Centre require additional security services and patrols. These new arrangements have been put in place to help outdoor staff maintain social distancing in the current COVID-19 pandemic. This is expected to continue until the end of November 2020.

 

Facilities – COVID related expenses - $15,000 U (100%)

Additional expenses have been incurred by Community Facilities and Recreation Department to enable community sports to take place in a COVID-safe manner in line with government regulations. A $15,000 budget has been proposed which is expected to cover the cost of necessary expenditure on temporary fencing at community sporting facilities.

 

Fee Waiver - $36,536 F (100%)

Council has allocated $500,000 in the 2020-21 Original Budget for COVID-19 Fee Relief. Under Council’s COVID-19 Fee Relief Program facility hirers may be granted fee relief upon application. During the September quarter a number of applicants have been granted fee relief to a total value of $36,536 with funds from the COVID-19 Relief fund offset reimbursing the COVID-19 Impact Reserve for this amount.

 

Transfer to/from Reserve – COVID $860,697 A

In order to track the actual impact of COVID-19 on Council’s operations and revenue a separate COVID-19 Impact Reserve was created initially resulting in a deficit balance for the Reserve as at this stage we are only notionally funding from this Reserve. It has effectively resulted in a loan against our internal reserves, while appropriate recovery actions are considered by Council.  At the conclusion of each reporting period a review of actual vs budgeted impact will be undertaken with any variance adjusted against the original source of funding for this Reserve and surplus directed towards the repayment of this internal reserve. For the September 2020 quarter the net change in this reserve is an increase in the deficit balance of $860,697.

 

Financial Implications

Adopting the recommendations within this report will mean Council’s 2020-21 Budget is revised to a $14k surplus. Further details of the financial implications are contained within the attached Organisational Report – September 2020.

Risk Implications

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

 

The Long Term Financial Plan is updated on a quarterly basis in line with the reviews to ensure that forward projections reflect the most current assumptions. This review process, and long term forecasting, minimise financial risk by supporting financial sustainability, transparency, and accountability. The September 2020 Quarterly Review has been updated with the best available information however there is every likelihood that more favourable and unfavourable variations will occur throughout the next nine months. Such variations will be managed and reported to the Council for consideration.

Conclusion

This report, and the more detailed Organisational Report – September 2020 indicates that the performance of Council’s Capital and Operating Projects are on track to meet Council’s challenging annual program. Strong financial management combined with the fine tuning and confirmation of budget assumptions have contributed to a small surplus being projected to June 2021.The impact on Council’s financial position as a result of the global health crisis continues to be assessed and it is anticipated that further adjustments to Council’s budget may be required prior to 30 June 2021. Any changes that are required over the coming months will be highlighted to Councillors through regular reporting and included in the December Quarterly Review report to the Council.

 

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

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Organisational Finance Review - September 2020 be received.

2.     The Organisational Finance Review - September 2020 as at 30 September 2020, including the revised estimates outlined in this report and detailed in the Organisational Report - September 2020, be adopted.         

 

 

ATTACHMENTS/APPENDICES

1.

Organisational Report - September 2020-21

39 Pages

Attachments Included

  


Ordinary Meeting                                                                                         30 November 2020

 

 

 

17

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

 

Compiled by:               James Legarse, Operational Project Accountant

Authorised by:            Andrew Moore, Director - Corporate Services

Neil Farquharson, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

This report on the Summary of Investments & Banking for October 2020 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (the Act) (Section 625) and the Council’s Investment Policy.

 

The report certifies that the Council investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under Council Circular 11-01 on 17 February 2011.

 

The report provides a summary of investments for the period 1 October 2020 to 31 October 2020 and a reconciliation of invested funds as at 31 October 2020.

 

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

·    Council portfolio current yield (including FRNs)                                             0.93%

·    90 day Bank Bill Swap rate (Benchmark)                                                      0.07%

·    Enhanced 90-day Bank Bill Swap Rate (Benchmark - BBSW+45bps)         0.52%

·    Original Budget estimated return                                                                   1.15%

 

The report recommends that the information contained in the report be received.

Current Situation

Attached to this report is a Summary of Investments including Economic Commentary for October 2020, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for October 2020 and various Investment Summary and Investment Portfolio analysis tables and charts.

 

Financial Implications

 

Adopting the recommendations of this report confirms Council’s investment returns are performing better than the Benchmark, but slightly under the Original Budget estimated return. More detailed Financial Implications are contained in the attachment to this report.

 

 

 

Risk Implications

The Council’s investments have been placed in accordance with Section 625 of the Local Government Act 1993, relevant regulations and the Councils adopted Investment Policy. The Council’s Investment Policy has objectives to preserve capital, ensure liquidity of funds to meet cash flow requirements and achieve an acceptable rate of return having reference to the Council’s risk tolerance.

Conclusion

This report confirms that the Council’s investments have been placed in accordance with relevant legislation/regulations, the Council’s Investment Policy and highlights the Council’s investment performance for October 2020. Additionally, the report assures the Council that Council’s Cash Book and Bank Statements have been reconciled.

Certificate of Responsible Accounting Officer

I hereby certify the following:

1.   All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.

2.   The Council’s Cash Book and Bank Statements have been reconciled as at 31 October 2020.

A close up of a deviceDescription automatically generated

Andrew Moore

Responsible Accounting Officer

 

RECOMMENDATION

That:

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

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

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

 

 

ATTACHMENTS/APPENDICES

1.

Investment Report as at 31 October 2020

6 Pages

Appendix

  


Ordinary Meeting                                                                                                       30 November 2020

Appendix 1 - Investment Report as at 31 October 2020

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday November 30 2020

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        5-13 Gidley Street, St Marys                                                                                              2

 

3        Proposed sale of Council owned land located at 86 Reid Street Werrington, Lot 5 & 6, DP28248                                                                                                                             2

 

4        Proposed Easement over Council Land - 1-2 Floribunda Avenue Glenmore Park (Lot 10 DP 832179)                                                                                                                              2

 

5        Proposed Easement over Council Land - 144a Dunheved Road Werrington County (Lot 32 DP 576288)                                                                                                                        3

 

URGENT

 

6        Property Matter - Proposed Acquisition                                                                             3

          (Report to be distributed separately)

 

 

 

 

 

 

 

 


Ordinary Meeting                                                                                         30 November 2020

A Leading City

 

 

1        Presence of the Public

 

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

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

 

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

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

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

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

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

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

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

 

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

 

·         reveal a trade secret.

 

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

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

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

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

The grounds must specify the following:

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

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

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

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

The process which should be followed is:

 

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

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

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

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

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

 

RECOMMENDATION

 

That:

 

Outcome 7

 

2        5-13 Gidley Street, St Marys 

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

 

3        Proposed sale of Council owned land located at 86 Reid Street Werrington, Lot 5 & 6, DP28248

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

 

4        Proposed Easement over Council Land - 1-2 Floribunda Avenue Glenmore Park (Lot 10 DP 832179)

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

 

 

 

 

 

5        Proposed Easement over Council Land - 144a Dunheved Road Werrington County (Lot 32 DP 576288)

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

 

6        Property Matter - Proposed Acquisition

          (Report to be distributed separately)

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

 

 

 

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 30 November 2020

Report Title:            Draft Penrith Development Agreements Policy

Attachments:           Consideration of matters from submissions

                                Penrith Developer Infrastructure Agreement Policy (as amended)



Ordinary Meeting                                                                                                       30 November 2020

Attachment 1 - Consideration of matters from submissions

 

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Ordinary Meeting                                                                                                       30 November 2020

Attachment 2 - Penrith Developer Infrastructure Agreement Policy (as amended)

 

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 30 November 2020

Report Title:            Organisational Finance Review - September 2020

Attachments:           Organisational Report - September 2020-21



Ordinary Meeting                                                                                                       30 November 2020

Attachment 1 - Organisational Report - September 2020-21

 

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ATTACHMENT       

 

 

 


Date of Meeting:     30 November 2020

 

Delivery Program:   Outcome 7

 

Service:                   Financial Services

 

Report Title:             2020-2021 Voted Works