Council_Mark_POS_RGB

19 May 2021

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held remotely using audio visual links, audio streamed and in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 24 May 2021 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 April 2021.

 

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 April 2021.

Local Traffic Committee Meeting - 3 May 2021.

 

10.         DELIVERY PROGRAM REPORTS

 

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

12.         URGENT BUSINESS

 

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 24 May 2021

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

WEBCASTING NOTICE

 

 

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

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

Australians all let us rejoice,

For we are one and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

 

 

 

 

 

 

 

 

 

 

 

 



 

 

 

 

 

 

WEBCASTING NOTICE

 

Please note that tonight’s meeting other than the

confidential sessions are being recorded and will be

placed on Council’s website. All in attendance should

refrain from making defamatory statements. Council

takes all care when maintaining privacy, however

members of the public gallery and those addressing

Council should be aware that you may be recorded.

 


Statement of Recognition of

Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage

 

 

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

 

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

 

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

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

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

 

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

 

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

 

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

 

 

 

 

 


Council Chambers

Seating Arrangements


For members of the public addressing the meeting


 

 

 

Lectern


 

 

     Directors


 

 

 

General Manager
Warwick Winn
Her Worship the Mayor Councillor Karen McKeown OAM



Governance Coordinator Adam Beggs






Minute Clerk

MediaClr Marcus Cornish

North Ward

 

Clr Bernard Bratusa

East Ward

 

 

Clr Tricia Hitchen

East Ward

 

 

Clr Brian Cartwright

South Ward

 

 

Clr Mark Davies

South Ward

 

 

Clr Jim Aitken OAM

Public GallerySouth Ward

 

 

Clr Kevin Crameri OAM

North Ward

 

 

Clr Ross Fowler OAM

North Ward

Clr John Thain

North Ward

 

Clr Aaron Duke

North Ward

 

Clr Todd Carney

East Ward

 

Clr Greg Davies

East Ward

 

Clr Robin Cook

East Ward

 

Clr Kath Presdee

ManagersSouth Ward

 

 

Directors


 


Oath of Office

 

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

 

 

Affirmation of Office

 

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

 

 

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

 

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

 

 

Local Government Act 1993, Section 233A

 


Council_Mark_POS_RGB2021 MEETING CALENDAR

January 2021 - December 2021

(Adopted by Council – 14 December 2020, Amended 25 January 2021)

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

22@

22

26v

24#

28*

26

23@

  27^

25ü

22#+

13

Policy Review Committee

7.00pm

 

 

 

19

 

7

 

9

 

11

 

6

 

 

 

 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 and end of term reports (including the Operational Plan quarterly reviews for December and June) are presented

 ^

Election of Mayor/Deputy Mayor

 ü

Meeting at which the 2020-2021 Annual Statements are presented

 

Meeting at which any comments on the 2020-2021 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).

1.          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, AUDIO STREAMED ON THE COUNCIL WEBSITE AND IN THE COUNCIL CHAMBERS ON MONDAY 26 APRIL 2021 AT 7:04PM

 

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

 

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 Governance Coordinator, Mr Adam Beggs.

PRESENT

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

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 22 March 2021

60  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the minutes of the Ordinary Meeting of 22 March 2021 be confirmed.

 

DECLARATIONS OF INTEREST

There were no declarations of interest. 

 

 

Mayoral Minutes

 

1        Mayoral Charity Golf Day                                                                         

61  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that the Mayoral Minute on Mayoral Charity Golf Day be received.

 

Reports of Committees

 

1        Report and Recommendations of the Policy Review Committee Meeting held on 19 April 2021                                                                 

62  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Brian Cartwright that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 19 April, 2021 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Grant Funding Offer - Regional Tourism Bushfire Recovery Grant Program                                                                                                      

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

That:

1.     The information contained in the report on Grant Funding Offer - Regional Tourism Bushfire Recovery Grant Program be received

2.     Council note receipt and endorse acceptance of the grant.

 

 

Outcome 2 - We plan for our future growth

 

2        Proposed Design and Place State Environmental Planning Policy    

64  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Aaron Duke

That:

1.     The information contained in the report on Proposed Design and Place State Environmental Planning Policy be received.

2.     Council endorse the draft submission to the proposed Design and Place SEPP and that this submission is provided to the Department of Planning, Industry & Environment for their consideration.

 

 

3        Planning Proposal to reclassify land on Reynolds Road and The Driftway, Londonderry                                                                              

65  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kath Presdee

That:

1.     The information contained in the report on Planning Proposal to reclassify land on Reynolds Road and The Driftway, Londonderry be received.

2.     Council endorse the Planning Proposal that seeks to reclassify seven sites owned by Hawkesbury City Council on Reynolds Road and The Driftway, Londonderry which is provided as a separate enclosure to this report.

3.     The General Manager be granted delegation to make minor and administrative changes to the Planning Proposal referred to in resolution 2 prior to Council’s submission of the Planning Proposal to the Department of Planning, Industry and Environment for finalisation.

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

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

For

Against

 

Councillor Kath Presdee

 

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor John Thain  

 

Councillor Ross Fowler OAM

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Karen McKeown OAM

 

 

 

Outcome 3 - We can get around the City

 

4        RFT2021-12 Dunheved Road Design Tender                                         

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

That:

1.     The information contained in the report on RFT20/21-12  12 Dunheved Road Upgrade – Investigation, concept & detailed design and for construction documentation be received

2.     Cardno (NSW/ACT) Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the RFT20/21-12 Dunheved Road Upgrade – Investigation, concept & detailed design and for construction documentation for an amount of $1,737,314 excluding GST.

3.     Cardno (NSW/ACT) Pty Ltd to also be awarded for provisional items and construction phase services for an amount of $572,067 excluding GST.

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

 

 

 

Outcome 6 - We are healthy and share strong community spirit

 

5        RFT20/21-26 Dukes Oval & Monfarville Reserve Baseball Stage 1 Sports Field Lighting                                                                                

67  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on RFT20/21-26 Dukes Oval & Monfarville Reserve Baseball Stage 1 Sports Field Lighting be received

2.     The tender from Central West Electrical Contractors Pty Ltd, for the amount of $338,060.00 (excluding GST) be accepted for Dukes Oval & Monfarville Reserve Baseball Stage 1 Sports Field Lighting.

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

 

 

Outcome 7 - We have confidence in our Council

 

8        Audit, Risk and Improvement Committee                                              

68  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on Audit, Risk and Improvement Committee be received

2.     The revised Enterprise Risk Management Framework Policy be adopted

3.     Council extend the appointment of Mr Bruce Turner AM (Chair), Ms Elizabeth Gavey, Mr Darren Greentree and Mr John Barbeler as independent external members of Council’s ARIC, for a further 12-months.

 

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

69  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Brian Cartwright

That:

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

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

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

 

 

11      Summary of Investment & Banking for the Period 1 March 2021 to 31 March 2021                                                                                            

70  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on Summary of Investment & Banking for the Period 1 March 2021 to 31 March 2021 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period 1 March 2021 to 31 March 2021 be noted and accepted.

3.     The graphical Investment Analysis as at 31 March 2021 be noted.

 

6        RFT2021-21 Provision of Banking Services                                           

71  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on RFT2021-21 Provision of Banking Services be received.

2.     The Commonwealth Bank of Australia be reappointed to provide Transactional Banking services to Council for the period 1 July 2021 to 30 June 2027 with the possibility by Council to extend for a further two (2) x two (2) year options.

3.     National Australia Bank be appointed to provide Purchase/Corporate Card services to Council for the period 1 July 2021 to 30 June 2027 with the possibility by Council to extend for a further two (2) x two (2) year options.

 

7        Exhibition of Draft Delivery Program (2017-22) & Draft 2021-22 Operational Plan (including Draft 2021-22 Fees & Charges)               

72  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Exhibition of Draft Delivery Program (2017-22) & Draft 2021-22 Operational Plan (including Draft 2021-22 Fees & Charges) be received.

2.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the Draft Delivery Program 2017-22 (incorporating the Operational Plan for 2021-22 and Draft Fees and Charges 2020-21) be placed on Public Exhibition for 28 days commencing on Monday 3 May 2021 and closing on Monday 31 May 2021 (inclusive).

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

 

 

10      131 Henry St, Penrith - Next Steps                                                          

73  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Robin Cook

That:

1.     The information contained in the report on 131 Henry St, Penrith - Next Steps be received

2.     Council progress with the lodgement of:

a.   The Capital Expenditure Review to Council for its consideration at the earliest opportunity, and

b.   The Development Application to define planning certainty for the site.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS

 

RR 1           131 Henry Street (old Council Chambers)   

Councillor Kath Presdee requested that information be provided to all Councillors about the process being followed to keep all tenants of 131 Henry Street (old Council Chambers) informed of the progress of the redevelopment of the new site. Councillor Presdee also requested that information be provided to Councillors on what assistance, if any, Council will be providing to enable the community groups who are located in the building to find new premises. Such information should be provided on an ongoing basis as part of regular updates on the redevelopment process to Council.

 

UB 1           Zonta Club of Nepean Valley - Support for provision of community        programs 

Councillor Kath Presdee requested that an amount of $1,000 be allocated from South Ward voted works to the Zonta Club of Nepean Valley Inc to provide support for their community programs, as they have not had the ability to fundraise over the past year due to COVID.

74  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Marcus Cornish that the matter be brought forward and dealt with as a matter of urgency.

 

Her Worship the Mayor, Councillor Karen McKeown OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

75  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Marcus Cornish that an amount of $1,000 be allocated from South Ward voted works to the Zonta Club of Nepean Valley Inc to provide support for their community programs, as they have not had the ability to fundraise over the past year due to COVID.

 

 

RR 2           Celebration of Waitangi Day       

Councillor Tricia Hitchen requested that Council assist residents of St Marys who are of Pacific Islander descent in recognising and celebrating Waitangi Day which is on 6 February and celebrates New Zealand’s National Day.

 

RR 3           ANZAC Day Dawn Service, 2021

Councillor Bernard Bratusa congratulated everyone who was associated with organising this year’s ANZAC Day Dawn Services in Penrith and St Marys.

 

RR 4           Mark Leece Oval, St Clair   

Councillor Bernard Bratusa requested a memo reply to all East Ward Councillors clarifying the status of current lighting works at Mark Leece Oval, St Clair and whether or not the lack of facilities is forcing users of the fields to restrict and/or reschedule training sessions due to lack of lighting.

 

RR 5           Recreational Fields near Banks Drive and Shakespeare Drive,       St Clair     

Councillor Bernard Bratusa requested a memo reply providing clarification of Council’s role and/or responsibilities in the management of the recreational fields near Banks Drive and Shakespeare Drive, St Clair and also if the recreational footprint is a Council asset, as this area is currently being used by trail bike riders.

 

RR 6           Wallacia Golf Club Area     

Councillor Bernard Bratusa requested a memo reply to all Councillors providing an update on previous development applications lodged by the St Johns Park Bowling Club and detailing the status of all other development applications that have been lodged for this footprint.

 

UB 2           Jeff Philips - Fundraising Night 

Councillor Bernard Bratusa requested that an amount of $130 be allocated from Voted Works to purchase a table at the fundraising trivia night to be held at Penrith Valley Basketball Stadium on 19 June 2021 to raise money for the family of Jeff Philips.

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

 

Her Worship the Mayor, Councillor Karen McKeown OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

77  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish that an amount of $130 be allocated from Voted Works to purchase a table at the fundraising trivia night to be held at Penrith Valley Basketball Stadium on 19 June 2021 to raise money for the family of Jeff Philips.

 

RR 7           Fire Trail between Government Road and Sirius Place,          Berkshire Park  

Councillor Kevin Crameri OAM requested that the fire trail between Government Road and Sirius Place, Berkshire Park be remediated as it is now damaged and impassable and needs to be made accessible in the event of a flood.

 


 

 

RR 8           Ownership of Current Developments located in Penrith Local       Government Area (LGA)        

Councillor Marcus Cornish requested a memo reply detailing how many large current developments in the Penrith LGA are owned by Chinese companies; if any of these developments are owned by the Chinese government; and the likelihood of the Chinese government taking over the privately owned developments.

 

RR 9           Compliance Matter - Illegal Mosques  

Councillor Marcus Cornish requested a compliance investigation into the establishment of illegal mosques in the Penrith Local Government Area, in particular one which is located in North St Marys.

 

RR 10         ANZAC Day Event 2021 - St Marys      

Councillor Todd Carney conveyed his congratulations to St Marys RSL for their efforts in organising this year’s ANZAC Day event and in particular to Frank Lawton for his efforts as MC on the day.

 

RR 11         ANZAC Day Activities 2021

Councillor Karen McKeown OAM conveyed her congratulations to those who were involved in organising various ANZAC Day events in the Penrith Local Government Area, over the last week, and in particular individuals from the Penrith Sub Branch of the RSL and CBD Corporations, as well as making special mention of the inaugural women’s day event which was held on Saturday 24 April 2021.

 

RR 12         Rowers Training on Nepean River      

Councillor Karen McKeown OAM requested that Council staff investigate the provision of banners along the Nepean River and also at the entry to Penrith City to recognise and encourage the efforts of rowers training for the next Olympic Games.

 

RR 13         Development for Hindu Temple in Adlington Road, Kemps   Creek        

Councillor Aaron Duke conveyed his congratulations to the Hindu Bochasanwasi Akshar Purushottam Sanstha group who are hosting the ground breaking ceremony for their Mandir (Temple) in Adlington Road, Kemps Creek tomorrow, and also conveyed his appreciation for the great work they do in the community

 

RR 14         Glenmore Park - Subsidence      

Councillor Greg Davies requested a memo reply to all Councillors providing an update on the subsidence issues in Glenmore Park and the damage to infrastructure in this area.

 

RR 15         Werrington Arterial   

Councillor Greg Davies requested that Council staff develop a media campaign to inform residents of Council’s advocacy and support in resolving traffic issues on the Werrington Arterial Road.

 

 

Committee of the Whole

 

78  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:27pm.

 

1        Presence of the Public

 

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

 

 

Outcome 7

 

2        Potential Acquisition - Property Matter                                                                          

 

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        Variation to expiring lease between PCC and The Salvation Army -  Suite 2, 54 Henry Street, Penrith                                                                                                                    

 

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

 

4        Lease of 3/564 High St, Penrith for public amenities                                                    

 

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.

 

Outcome 6

 

5        Parks 4 People - Tench Reserve Concept Design                                                         

 

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.

 


 

 

The meeting resumed at 9:55pm and the General Manager reported that the Committee of the Whole met at 8:28pm on 26 April 2021, the following being present

 

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

 

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

 

 

CONFIDENTIAL BUSINESS

 

3        Variation to expiring lease between PCC and The Salvation Army -  Suite 2, 54 Henry Street, Penrith                                                                                                        

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney

CW3 That:

1.     The information contained in the report on Variation to expiring lease between PCC and The Salvation Army -  Suite 2, 54 Henry Street, Penrith be received.

2.     Council approve the proposed variation of lease for an additional two (2) years.

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

 

4        Lease of 3/564 High St, Penrith for public amenities                                                    

RECOMMENDED on the MOTION of Councillor Tricia Hitchen seconded Councillor Marcus Cornish

CW4 That:

1.     The information contained in the report on Lease of 3/564 High St, Penrith for public amenities be received

2.     Council exit the lease for the property Shop 3/564 High St providing six months notice

3.     Council commence design and seek quotes for the upgrade of Judges place car park.

 

5        Parks 4 People - Tench Reserve Concept Design                                                         

RECOMMENDED on the MOTION of Councillor Tricia Hitchen seconded Councillor Robin Cook

CW5 That:

1.     The information contained in the report on Parks 4 People - Tench Reserve Concept Design be received

2.     Council approve the Parks 4 People Tench Reserve Concept Design to proceed into the detailed design stage.

3.     Council request that DPIE fund the redevelopment of the toilets, playground equipment and viewing deck from Jamison road. Council meet with the Local Member for Penrith to thank him for his support of the $10m project at Tench reserve and to advocate for the inclusion of the above items in the Parks 4 People project.

 

2        Potential Acquisition - Property Matter

Councillor Jim Aitken OAM declared a Non-Pecuniary Conflict of Interest - Less than Significant in this matter, as he owns two shops in the vicinity of the area, however Councillor Jim Aitken OAM left the meeting during voting, the time being 9:54pm.

         

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish

CW2  That:

 

1.       The information contained in the report on Potential Acquisition – Property Matter be received.

2.       The High Level Business case is noted.

3.       Council enter into a contact to purchase 158-164 Old Bathurst Rd, Emu Plains (Lot 1 & 2 DP588918) for the purchase price of $50,000,000 (ex. GST).  The contract will be in accordance with the report to the Committee of the whole.

4.       Council authorise the deposit of $5,000,000 to be paid by the Property Reserve.

5.       Council notes the balance $45,000,000 will fall due no later than or before 1 May 2023.

6.       On completion of the acquisition the property be classified as Operational Land.

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

 

Councillor Kevin Crameri OAM moved that the MOTION be PUT.

 

Upon being PUT to the meeting, the MOTION was CARRIED.

 

For

Against

 

Councillor Kath Presdee

Councillor Mark Davies

Councillor Robin Cook

Councillor Tricia Hitchen

Councillor Greg Davies

Councillor Bernard Bratusa

Councillor Todd Carney

Councillor John Thain

Councillor Aaron Duke

 

Councillor Ross Fowler OAM

 

Councillor Kevin Crameri OAM

 

Councillor Brian Cartwright

 

Councillor Marcus Cornish

 

Councillor Karen McKeown OAM

 

 

 

 

ADOPTION OF Committee of the Whole

 

Councillor Jim Aitken OAM returned to the meeting, the time being 9:55pm.

 

79  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Brian Cartwright that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5  be adopted.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:56pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                               

   


Mayoral Minutes

 

Item                                                                                                                                       Page

 

1        150th Anniversary of Penrith's proclamation as a municipality                                         1

 

2        7News Young Achiever Award Winner Larissa Moore                                                      2

 

3        Baker and Provan 75th Anniversary                                                                                  3

 

 

 

 

 



Ordinary Meeting                                                                                                    24 May 2021

 

Mayoral Minute

150th Anniversary of Penrith's proclamation as a municipality

           

 

I am pleased to acknowledge the 150th anniversary of Penrith’s proclamation as a municipality. As we mark this important milestone, I feel great pride to be part of Penrith City Council. I also feel a debt of gratitude to the men and women who, as past Aldermen and Councillors, have helped shape the city I now have the privilege to represent.

 

We’ve achieved so much over the past 150 years, and it is important to acknowledge that each accomplishment has been a stepping stone to where we are today as a regionally significant City.

 

Penrith was proclaimed as a municipality on 12 May 1871. At this time our City was home to just 836 people and our borders were much more contained. It wasn’t until 1949 that we were strengthened by the inclusion of St Marys, Castlereagh and parts of what was then the Nepean Shire, and again in 1963 when Emu Plains and Emu Heights were brought into the fold.

 

When you look back at our extraordinary history, it is clear Penrith has always led the way.

In 1890, we became the first town in the Sydney region to have electricity in our homes and to power our streetlights. Later that decade, Council enacted bylaws to keep our community safe from diseases like typhoid and diphtheria.

 

Then, in the 1920s we developed a municipal garbage removal system, a long-ago echo of our innovative decision in 2009 to become the first Sydney council to adopt the Food Organics Garden Organics system.

 

We will be sharing more of our extraordinary history with our community over the next few months through our social media channels, the Winter Issue of the Our Place community newsletter, a display in the Penrith City Library and community events and activations to bring the past to life.

 

Once again, I am delighted to acknowledge this important milestone and to celebrate Penrith’s past, present and our future.

 

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Councillor Karen McKeown OAM

Mayor

 

RECOMMENDATION

That the Mayoral Minute on 150th Anniversary of Penrith's proclamation as a municipality be received.

 


Ordinary Meeting                                                                                                    24 May 2021

 

Mayoral Minute

7News Young Achiever Award Winner Larissa Moore

           

 

I am pleased to share that Larissa Moore, Director of Council’s Stepping Stones Children’s Centre, was recently announced Educator of the Year at the 7News Young Achievers Awards.

 

At the event, Larissa received the NSW Department of Education, Early Childhood Educator Award for her outstanding work with Penrith City Children’s Services since coming onboard in 2015. 

 

During her time at Council, Larissa has led the transition to school program, built strong relationships with many families, contributed to the curriculum planning and attachment group and created training materials for her fellow educators.

 

Larissa actively implements a child-led curriculum and is a strong advocate for the autonomy gained through emotional regulation theory. Her daily practices in this area have proven so successful they have been shared across Council’s services.

 

This most recent accolade is not without precedent. Larissa’s exceptional work saw her receive the Penrith Council Educator of the Year award in 2020.

 

I would like to congratulate Larissa on her recent award win and commend her dedication to the children and families of Penrith.

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Councillor Karen McKeown OAM

Mayor

 

RECOMMENDATION

That the Mayoral Minute on 7News Young Achiever Award Winner Larissa Moore be received.

 


Ordinary Meeting                                                                                                    24 May 2021

 

Mayoral Minute

Baker and Provan 75th Anniversary

           

 

Earlier this month I had the pleasure of attending the 75th anniversary of St Marys business Baker and Provan. I would like to acknowledge this important milestone and congratulate everyone involved in the company, past and present.

 

Baker and Provan was established in 1946 by two mates, Arthur Baker and Don Provan after returning to Penrith from the Second World War. Over the years, the business has grown from a small toolmaking business to a large-scale manufacturer that services and supports the Australian Navy, the Australian and New Zealand armies and the rail, mining, minerals and metals processing sectors.

 

For the last three quarters of a century, Baker and Provan has provided a wide range of jobs for local residents and stayed true to its local roots. The company is still owned by the Baker family and several members work for the firm. While Don Provan sold his share in the business in 1976, his daughter was at the anniversary celebrations and spoke beautifully about his 30 years at the helm. 

 

Cr Ross Fowler OAM was also at the celebrations, and I would like to acknowledge his long association with Baker and Provan as their accountant, a board member and current Director.

 

The Baker and Provan story is part of a bigger St Marys story and its place as a hub of manufacturing excellence – a hub of which we are incredibly proud and that continues to grow in size and stature as the Western Parkland City is delivered.

 

Once again, I would like to congratulate Baker and Provan on its success and longevity and wish the Baker family and the business all the very best for the future.

 

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Councillor Karen McKeown OAM

Mayor

 

RECOMMENDATION

That the Mayoral Minute on Baker and Provan 75th Anniversary be received.

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Questions on Notice

 

Item                                                                                                                                       Page

 

1        Power of Entry                                                                                                                    1

 

2        Civil Works Plan                                                                                                                 2

 

 

 

 



Ordinary Meeting                                                                                                    24 May 2021

Question On Notice

1          Power of Entry            

 

 

Councillor Kevin Crameri OAM ASKED:

 

 

As I understand council cannot enter a property without consent of the owner or with a court order. When did this come into force and is there any other reason that it can happen?

 

 

Council Response:

 

Powers of entry exist under a variety of acts such as the Environmental Planning and Assessment Act, Protection of the Environment Operations Act and Local Government Act.

 

Council officers exercising relevant functions under those acts can enter on any property. Before entering onto a property, Officers are required to provide written notice, unless there is an emergency situation (i.e. imminent danger to health and safety), or the owner has given consent or by Order of a Court.

 

Officers are not able to enter any portion of the premises used as a residence. Either a Court order, warrant, or consent of the owner is required to enter any part of the premises used as a residence.

 

These powers were introduced with the introduction of each of the Acts (being 1979, 1993, and 1997). Prior to that, the Local Government Act 1919 provided similar powers.

 


Ordinary Meeting                                                                                                    24 May 2021

Question On Notice

2          Civil Works Plan            

 

 

Councillor Kevin Crameri OAM ASKED:

 

That council allow councillors to see the Civil Works Plan for Judd street.

 

Response from Council:

 

A memo response to Councillors which deals with this request was sent to all Councillors on 18 May 2021. The memo detailed that due to copyright reasons a copy of the plan cannot be provided, however Councillors are welcome to come and inspect the plan at Council by request.

  


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Access Committee Meeting held on 14 April 2021                                                                                                                                              1

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 3 May 2021                                                                                                                                             6

 

 

 

 



Ordinary Meeting                                                                                                    24 May 2021

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 14 April, 2021

 

 

 

PRESENT

Councillor Robin Cook, Matt Roger, Farah Madon, Carole Grayson, Allan Windley.

IN ATTENDANCE

Grahame Howe – Building Assets Coordinator, Hans Meijer – City Assets Manager, Jeni Pollard – City Activation, Community & Place, Lila Kennelly – Community Resilience Coordinator, Craig Squires – Building Certification, Claire Galvin – Community Capacity Officer, Hendrik Van Ieperen – Integrated Transport and Planning Lead, Natalie Stanowski – Principal Planner, Natalie White – Planning Information Officer, Wendy Connell – Senior Development Assessment Planner, Lucy Goldstein - Senior Development Assessment Planner.

 

APOLOGIES

Apologies were accepted from Councillor Todd Carney, Councillor Tricia Hitchen, Anthony Mulholland, Dianne Brookes.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 10 February 2021

The minutes of the Access Committee Meeting of 10 February 2021 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Development Applications referred to Access Committee

DA20/0858          5 - 17 Lawson Street Penrith  - Construction of Part Nine (9) Storey &                             Part Five (5) Storey Mixed Use Building including 694 Public Car                             Parking Spaces, 37 Private Car Parking Spaces, 24 Motorcycle                                 Parking Spaces & 42 Bicycle Parking Spaces (Basement Level &                             Ground Level to Level 4), Multi-Use Community Space, Public                                  Rooftop Garden, Four (4) Storeys of Commercial Floor Space (Levels                             5-8) & Related Demolition Works, Tree Removal, Ground Level Public                             Domain Works, Landscaping of Rooftop Garden & Land Re-                             Subdivision

 

Wendy Connell spoke to the development application for the Soper Place carpark. Including public and private carparking, motorbike and bicycle parking, a rooftop garden, a multi-use community space, the walls of the building will also be surrounded by green walls.

Issues discussed by the committee included:

·    Concerns regarding the lack of unisex accessible bathrooms.

·    Concerns regarding the hard to navigate footpaths.

 

DA20/0867          243 - 261 Forrester Road North St Marys - Alterations and Additions                             to an Existing Building and Car Parking Area for a New Health and                             Wellness Precinct and Associated Landscaping Works. The tenancy                             uses proposed include medical centres, recreation facility (indoor),                             centre based childcare facility, veterinary hospital, gyms, specialised                             retail premises and kiosks

Lucy Goldstein spoke to the current development application regarding 243 to 261 Forrester Road in North St Marys. The application is for alterations and additions to an existing building to create new health and wellness precinct. The wellness precinct is to include a range of different tenancies, including a medical centre, allied health tenancies, dentist, imaging, physio therapy, nutrition, pharmacy, gymnasium, indoor children’s recreation facility, child care centre, vet, vet supplies and specialised food kiosks. The proposal includes signage, changes to the carpark layout and additional landscaping. The site the proposal is located on is the corner of Forrester Road just adjacent to the St Marys Rugby League Club, and opposite the Dunheved industrial precinct.

Issues discussed by the committee included:

·    Concerns raised regarding whether the toilets have been audited correctly.

·    Lack of pedestrian access.

·    Concerns raised about the width of the corridors.

·    Lack of accessible parking spaces.

·    Additional green space in the car park.

 

DA21/0047          134 – 144 Henry Street & 42 – 50 Station Street, Penrith -                                            Construction & Embellishment of Penrith City Park including                                    Amenities Building, Pergola Structures, Water Features, Seating,                             Lighting & Signage & Related Landscaping, Utility Servicing,                                    Stormwater Management Infrastructure, Allen Place Car Park                                    Modifications & Road Works

Lucy Goldstein spoke to the development application for City park, it is located at 42 to 50 Station Street and 134 to 144 Henry Street Penrith. The proposal is for the construction and embellishment of a Penrith city park. Includes an amenity building, a pergola structure, water features, seating, lighting, signage and landscaping. The park itself contains a main central lawn, a civil area with an informal stage.

Issues discussed by the committee included:

·    Concerns regarding gates near the toilets.

·    Concern about slip resistant material near the water features.

         

RECOMMENDED

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

 


 

 

2        Penrith DCP Review - Access and Adaptability

Natalie White presented about the Penrith DCP Review, currently being drafted, should be ready by July, has spoken with Farah and received feedback. Overall content needs to be recalled, only addition that has been added is the adult change facilities control. Planning do have adaptable housing controls currently but they are scattered throughout the DCP.

In the original report it was mentioned that they were hoping to increase the benchmark of class A and Class B adaptable housing standards. Boarding houses are not acceptable in a DCP sense.

Issues discussed by the committee included:

·  Parking should be 2890.6

·  The slip resistant standards are not valid anymore, the valid one is HB 198 and HB 197.

         

RECOMMENDED

That the information contained in the report on Penrith DCP Review – Access and Adaptability be received.

 

Outcome 3 – We can get around the City

 

3        St Marys Bus Interchange Temporary Relocation

Alan Massoud from Transport for NSW spoke about the St Marys Bus Interchange Temporary Relocation, Sydney Metro Western Sydney Airport that is being constructed near St Marys with six station, the connection point at St Marys is adjacent to the existing station. Where the Sydney Metro Station will be occupying the current bus interchange location, the bus interchange will need to be relocated temporarily, directly across the road from the current location is a carpark owned by Penrith City Council, Alan mentioned that they are looking to construct a temporary Bus Interchange in this location before the existing one is decommissioned, the end state will have a Bus Interchange on top of the Sydney Metro Station. The end state for this development will be reached in 2027 or mid-2027. Alan mentioned that the bus interchange once completed will be able to cater for all bus routes, the taxi rink will need to be relocated to the end of Queen St, need to relocate the kiss and ride from Queen St to Nariel St. The temporary bus interchange will not alter the amount of services and level of service.

         

RECOMMENDED

That the information contained in the report on St Marys Bus Interchange Temporary Relocation be received.

 

 


 

 

Outcome 5 - We care about our environment

 

4        Draft Resilient Penrith Action Plan

Belinda Atkins spoke to the Draft Resilient Penrith Action Plan. Main aim to build awareness and preparedness and enhance both Council and community to adapt and improve resilience. The Plan was formed through a lot of background research, looking at how to improve the wellbeing of the community.                                             

RECOMMENDED

That the information contained in the report on Draft Resilient Penrith Action Plan be received.

 

 

GENERAL BUSINESS

 

GB 1           Parking at Nepean Hospital        

Matt Roger raised the article featured in the Western Weekender.  A ramp has now been proposed to replace the set of stairs. A new tower will be built in 12 months’ time. The ramp constructed will be started as soon as possible and action will be taken in the near future.

 

GB 2           David Currie Play Space    

Claire Galvin updated the committee re the suggestion of combining the launch of the David Currie Play space with International Day of People with Disabilities.  Unfortunately the project will not be starting until October/November 2021 due to the size of the project and construction is expected to take 4-6 months.

 

GB 3           Council Carpark at Ched Towns Reserve in Glenmore Park 

Matt Roger queried the accessible carspace that was installed with a plastic bollard which has since been vandalised and the bollard destroyed.  Matt asked if the bollard could be replaced with a steel bollard.

 

GB 4           Neuromoves Gym     

Matt Roger enquired if Council could attempt to engage with the property managers to see if the parking issues could be resolved.

 

GB 5           Everyone Can Play Recipients   

Lila Kennelly mentioned that the NSW Everyone Can Play grants have been announced, Penrith City Council received two grant funded projects, one being for David Currie Play space in St Clair which received $75,000 and also the Spence park upgrade which is part of the Mayoral Challenge received $74,691. This will help this spaces becoming more inclusive for the community.

 

GB 6           Community Infrastructure Program    

Hans Meijer mentioned that Council has been successful in getting an additional $6.6 million grant from the Federal Government. This includes $100,000 for an accessible flying fox at Spence park, and 8.5km worth of footpath which will be delivered by December 2021.

 

 

 

 

GB 7           Accessibility at Services NSW in Penrith    

Councillor Cook queried accessibility to the Services NSW offices in High Street, Penrith regarding difficulties with access to both carpark and the lift.  Craig Squires agreed to discuss with the building owners noting that Council had no real powers in this particular case.

 

GB 8           Accessible parks with Accessible Gym Equipment      

Councillor Cook requested further information regarding the number of accessible parks with accessible gym equipment within the parks around the Penrith LAC.

 

GB 9           Bus Stop on Glenmore Parkway at front of KFC  

Carole Grayson raised a query regarding the bus stop on Glenmore Parkway at the front of KFC, as there is no footpath access to either parts of the shopping centre is generally inaccessible.

 

There being no further business the Chairperson declared the meeting closed the time being 7.20pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 14 April, 2021 be adopted.

 


Ordinary Meeting                                                                                                    24 May 2021

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 3 May, 2021

 

 

 

(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), Deputy Mayor, Tricia Hitchen (Representative for the Member for Penrith), Wayne Mitchell - Director Development and Regulatory Services (Chair), Constable Stephen Page - Nepean Police Area Command (PAC), David Lance - Transport for NSW (TfNSW).

 

IN ATTENDANCE

Councillor Marcus Cornish, Steve Grady - Busways, Ben Cantor - Busways, Adam Wilkinson - Engineering Services Manager, David Drozd - Traffic Engineering Coordinator, Graham Green - Senior Traffic Engineer, Kablan Mowad - Senior Traffic Engineer, Anthony Baradhy - Traffic Engineering Officer, Caleb O’Reilly - Trainee Engineer, Kristy Johnson, Engineering Services Secretary, Kylie Thornley - Traffic Administration Officer, Tiana Dickson, Business Administration Trainee.    

 

APOLOGIES

Mario Dizon - Transport for NSW (TfNSW), Daniel Davidson, Senior Traffic Engineer, Wendy Read – Road Safety Officer.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 1 March 2021

The minutes of the Local Traffic Committee Meeting of 1 March 2021 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Intersection of Fragar Road and Tania Avenue - Proposed STOP Control                                                                                                            

RECOMMENDED

That:

1.     The information contained in the report on Intersection of Fragar Road and Tania Avenue - Proposed STOP Control be received.

2.     STOP signage and associated line marking be provided at the intersection of Fragar Road and Tania Avenue, South Penrith, as shown in Appendix 1.

3.     The residents adjacent to the proposed changes be advised of Council’s resolution.

 

2        York Road, South Penrith - Provision of 'No Stopping' Zone at Driveways                                                                                                       

Mayor, Councillor Karen McKeown OAM (Council Representative) raised concerns regarding children crossing this busy road during sport on Saturday’s. Madam Mayor suggested that Council consider a Parking in Marked Bays Scheme for York Road, South Penrith.

Wayne Mitchell, Director Development and Regulatory Services (Chair) suggested this be raised in General Business.

RECOMMENDED

That:

1.     The information contained in the report on York Road, South Penrith - Provision of 'No Stopping' Zone at Driveways be received.

2.     Consultation be conducted with affected businesses, and any substantial objections be referred back to the Local Traffic Committee for consideration.

3.     Subject to no substantial objections, a “No Stopping” zone be installed at 33 York Road, South Penrith, at the driveway to the MM&T site and the adjoining driveway at 35 York road, South Penrith, as shown in Appendix 1.

4.     Council’s Rangers and MM&T be advised of Council’s resolution.

 

 

3        Crestview Place, Cranebrook - No Parking Restrictions at Cul-de-sac 

RECOMMENDED

That:

1.     The information contained in the report on Crestview Place, Cranebrook - No Parking Restrictions at Cul-de-sac be received.

2.     Consultation to be undertaken with affected properties regarding the proposed installation of ‘No Parking’ restrictions in the cul-de-sac at the end of Crestview Place, Cranebrook as shown in Appendix 1.

3.     Subject to no substantial objections being received, ‘No Parking’ restrictions be installed in the cul-de-sac at the end of Crestview Place, Cranebrook as shown in Appendix 1.

4.     Council’s Waste Services department and Ranger Services department be advised of Council’s resolution.

 


 

 

4        Federal Government Stimulus Commitment Road Safety Program (School Zone Infrastructure)                                                                       

Councillor Marcus Cornish commended Council’s Traffic Engineering team and expressed thanks for their hard work and input into securing this funding.

RECOMMENDED

That:

1.     The information contained in the report on Federal Government Stimulus Commitment Road Safety Program (School Zone Infrastructure) be received.

2.     Projects listed in Table 1 “Projects Approved under the Federal Government Stimulus Commitment Road Safety Program (School Zone Infrastructure)” be forwarded to Council’s Design Co-ordinator to finalise design and construction estimates, with a Design Endorsement Report for each project submitted to the Local Traffic Committee as these are finalised.

3.     A letter to be sent to the listed School Principals advising them of the successful grant funding and Council’s resolution.

4.     Council’s Rangers and Nepean Police Area Command be advised of Council’s resolution.

5.     Consultation to be undertaken with adjoining businesses and residents regarding the proposed projects as part of the design finalisation process that will be reported back to Local Traffic Committee.

 

 

5        Marrett Way, Cranebrook - Signage and Line Marking Improvements on Approach to Crest                                                                                   

Councillor Marcus Cornish raised concerns regarding the installation of C3 yellow line marking and commented that Council seems to be moving towards the installation of the yellow lines, instead of the installation of ‘No Parking’ signage.

Councillor Marcus Cornish questioned the Committee if Council would consider the installation of yellow line marking on York Road, South Penrith, and Russell Street, Emu Plains, in lieu of signage. Councillor Cornish suggested to the Committee that the use of yellow line marking in industrial areas would be appropriate, but not so appropriate for residential areas.

Councillor Marcus Cornish asked the Committee if there is a guideline for C3 yellow line marking. David Drozd, Traffic Engineering Coordinator advised the Committee that there is a Transport for NSW Guideline, and a copy can be distributed to all Councillors.

David Drozd, Traffic Engineering Coordinator confirmed to the Committee that yellow line marking isn’t appropriate, nor warranted for installation everywhere within the Penrith LGA. David Drozd explained to the Committee, the circumstances which lead to the determination that yellow line marking is the most appropriate course of action for this location, being the crest on the street and the narrow nature of the street.

RECOMMENDED

That:

1.     The information contained in the report on Marrett Way, Cranebrook - Signage and Line Marking Improvements on Approach to Crest be received.

2.     The proposed signage and linemarking improvements on Marrett Way, Cranebrook as shown in Appendix 1 be approved.

3.     Consultation be undertaken with affected properties regarding the proposed signage and linemarking improvements on Marrett Way, Cranebrook as shown in Appendix 1.

4.     Subject to no substantial objections being received, the proposed signage and linemarking improvements on Marrett Way, Cranebrook be installed as shown in Appendix 1.

5.     Councillor Robin Cook be advised of Council’s resolution.

6.    All Councillors be provided with a copy of the Transport for NSW Guideline for C3 Yellow Line Marking.

 

 

6        Judges Place Carpark - Endorsement of Design Plans for Temporary Car Park                                                                                                          

Councillor Marcus Cornish advised the Committee that he does not support this item due to the 9 hour parking time limit.

Deputy Mayor, Councillor Tricia Hitchen advised the Committee that she supports this report, particularly the 9 hour parking limit as local business and workers will benefit from the implementation of 9 hour parking at this location.

Mayor, Councillor Karen McKeown OAM (Council Representative) advised the Committee that she supports this report, particularly the 9 hour parking limit as local business and employees will benefit from the implementation of 9 hour parking at this location. Madam Mayor advised the Committee that this will be greatly appreciated by the local businesses and employees as most operate or work for 8 hours, with time either side to egress and access their vehicles.

Mayor, Councillor Karen McKeown OAM (Council Representative) requested that additional signage be installed at this new car park, advising that it is a temporary car park.

Wayne Mitchell - Director Development and Regulatory Services (Chair) advised the Committee that the objective of the parking strategy is to provide balanced parking for local businesses, employees and commuters.

RECOMMENDED

That:

1.     The information contained in the report on Judges Place Carpark - Endorsement of Design Plans for Temporary Car Park  be received.

2.     Design Plans AW153 (dated March 2021) for the construction the Judges Place temporary car park be endorsed for construction.

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

4.    Additional signage to advise patrons of the nature of this temporary car park be installed.

 


 

 

GENERAL BUSINESS

 

GB1       York Road, South Penrith - Request for the Implementation of a Parking in Marked Bay Scheme      

Mayor, Councillor Karen McKeown OAM (Council Representative) raised concerns regarding children crossing this busy road during sport on Saturday’s. Madam Mayor suggested that Council consider a Parking in Marked Bays Scheme for York Road (near Jamison Park), South Penrith.

RECOMMENDED

That:

1.     Council’s Traffic Officers investigate and review the option of a Parking in Marked Bays Scheme for this location.

 

2.     Mayor, Councillor Karen McKeown OAM be advised of the outcome.

 

GB2       Charles Hackett Drive onto The Great Western Highway, St Marys - Request for a Right-Hand-Turn Arrow       

Mayor, Councillor Karen McKeown OAM (Council Representative) questioned whether Council had heard anything back from Transport for NSW regarding her request for the installation of right-hand-turn arrows at the intersection of Charles Hackett Drive with The Great Western Highway, St Marys.

Kablan Mowad, Senior Traffic Engineer advised the Committee that Council had heard back from Transport for NSW in February.

Kristy Johnson, Engineering Services Secretary advised the Committee that a memorandum to all Councillors, detailing Transport for NSW’s response on this matter, was distributed on 17 February 2021. Kristy Johnson advised Madam Mayor that she would send her a copy of the memorandum.

Steve Grady, Busways advised the Committee that he supports the implementation of a right-hand-turn arrow at the intersection of Charles Hackett Drive (southbound) onto The Great Western Highway, St Marys.

RECOMMENDED

That the information be noted.

 

 

GB3       Smith Street and Parker Street, South Penrith - Upcoming Changes to Bus Services 795, 789 and School Buses       

Steve Grady, Busways advised the Committee that bus services 794 and 789 and local school buses in the Smith Street and Parker Street, South Penrith area would be returning back to normal following roadworks, on Monday, 10 May 2021.

RECOMMENDED

That the information be noted.

 


 

 

GB 4      Derby Street, Kingswood to Glenmore Parkway, Glenmore Park - Bus Lane      

Steve Grady, Busways advised the Committee that the Bus Only lane from Derby Street, Kingswood to Glenmore Parkway, Glenmore Park will be in operation sooner than expected.

Transport for NSW, in consultation with Busways, will be inspecting bus stop locations on the new road.

RECOMMENDED

That the information be noted.

 

GB 5      New Busways Timetables and Routes - Effective on Sunday, 18 April 2021        

 Steve Grady, Busways advised the Committee that on Sunday, 18 April 2021, Busways implemented new timetables and routes. Included in this was a change to bus route 783, Penrith to Werrington Station, via Jordan Springs.

Steve Grady advised the Committee that the change to bus route 783 has seen an increase in patronage.

RECOMMENDED

That the information be noted.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:52AM.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 May, 2021 be adopted.

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Outcome 2 - We plan for our future growth

 

1        Proposed Winter Sporting Facility at 2 Tench Avenue, Jamisontown    

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

 

2        Public Exhibition of Draft Employment Lands Strategy                                                   14

 

3        Public Exhibition of Draft Green Grid Strategy                                                                19

 

4        Submissions to Various State Government Planning Reform Matters on Exhibition     23

 

 

Outcome 4 - We have safe, vibrant places

 

5        RFT20/21-27 Harold Corr Athletics Track Upgrade                                                        41

 

 

Outcome 6 - We are healthy and share strong community spirit

 

6        RFT 20/21-25 Landscape Construction for Regatta Park                                               49

 

 

Outcome 7 - We have confidence in our Council

 

7        Tender RCL 202101 - Residential Builder Partnering Panel                                           55

 

8        The Straight Road Mulgoa - Permanent Partial Road Closure                                       60

 

9        Acceptance of Grant funding - Greater Sydney Crown Land Open Space Activation Program and categorisation of Crown Reserves                                                             66

 

10      Acceptance of Grant Funding - NSW Public Spaces Legacy Program, City Park         74

 

11      Organisational Financial Review - March 2021                                                               76

 

12      Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2021-2022                                                                                                                        82

 

13      Summary of Investment & Banking for the Period 1 April 2021 to 30 April 2021           86

 

 

 

 

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                       Page

 

1        Proposed Winter Sporting Facility at 2 Tench Avenue, Jamisontown  

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

 

2        Public Exhibition of Draft Employment Lands Strategy                                                   14

 

3        Public Exhibition of Draft Green Grid Strategy                                                                19

 

4        Submissions to Various State Government Planning Reform Matters on Exhibition     23

 

 

 

 

 

 



Ordinary Meeting                                                                                                    24 May 2021

 

 

 

1

Proposed Winter Sporting Facility at 2 Tench Avenue, Jamisontown   

 

Compiled by:               Joel Carson, Senior Planner

Authorised by:            Natasha Borgia, City Planning Manager

Kylie Powell, Director - City Futures  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

Plan for and facilitate development in the City

     

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

 

Proponent:         Winter Sports World Pty Ltd

Land:                  2 Tench Avenue, Jamisontown (Lot 1 DP 38950)

Land Owner:      Peter Magnisalis & Viki Magnisalis

 

Executive Summary

The purpose of this report is to present the outcomes of a recent public exhibition of a Planning Proposal, draft Development Control Plan (DCP) and Voluntary Planning Agreement (VPA) offer prepared in support of a proposed Winter Sporting Facility at 2 Tench Avenue, Jamisontown, and to obtain Council’s decision in respect to the proposal.

 

The Proposal was previously presented to the Councillor Briefing of 1 March 2021 and was more recently addressed in Councillor memos dated 13 April 2021 and 20 April 2021 that presented detail on the notification undertaken of the Planning Proposal, the development approval history of Nepean Shores, and confirmed intended future Council reporting dates.

 

The proposed development would bring several benefits such as investment, jobs, tourism and economic benefits, providing a facility of national significance and an iconic landmark in the Penrith region.

 

Whilst the proposal would bring many economic benefits to Penrith, the report recommends that the Planning Proposal is not supported, on the basis that the proposal is not suitable for this particular site. The site’s design opportunities are limited due to the development’s requirement for a strict building envelope and a 54m building height, meaning the design would significantly restrict solar access to dwellings at the adjacent Nepean Shores site. Whilst the proposal is consistent with the vision of the Riverlink precinct to promote tourism, it is inconsistent with the desired future character which is of a low scale-built form. On this basis, should the proposal advance to a development application it would be very difficult to approve.

 

Background

At its meeting of 26 November 2018, Council endorsed a Planning Proposal which seeks an amendment to Penrith Local Environmental Plan 2010 (LEP 2010) to enable development of 2 Tench Avenue, Jamisontown for a Winter Sporting Facility. Attachment 1 provides a site location map.

 

Following endorsement, Council subsequently submitted the Planning Proposal to the Department of Planning, Industry and Environment (DPIE) to request a Gateway Determination. A Gateway Determination was received on 2 May 2019, which enabled the proposal to proceed to public exhibition following completion of certain matters specified in the Gateway conditions.

 

It is envisaged that the proposed Winter Sporting Facility development would consist of:

§ An indoor ski slope

§ Ice skating rink

§ Ice climbing facilities

§ Rock climbing facilities

§ Altitude training

§ Gymnasium and training facilities

§ Hotel accommodation (Approximately 170 hotel rooms plus a function centre)

§ Food and drink premises (bars, cafes and restaurants)

 

Attachment 2 provides an artist’s concept of the envisaged development for the site.

 

The proposed development scheme for the site is consistent with one of the key aspects of Council’s vision for that part of the Riverlink Precinct, which is to provide for tourist-oriented development and related uses that are compatible with the promotion of tourism in Penrith. The proposed development is also a unique facility which is dependent on a specific gradient and height (54 metres).

 

The proposed LEP amendment seeks to create an additional local provision under Part 7 of LEP 2010 for the subject site, increasing the maximum permitted building height from 8.5m to 54m on the subject site on the condition that:

 

§ A substantial component of the development is an indoor ski slope facility, and a Floor Space Ratio (FSR) control of 1.2:1 is not to be exceeded.

§ A FSR control above 1.2:1 (up to a maximum of 1.45:1) would be considered if justified and if the development features a hotel component.

§ The development is in accordance with a site-specific DCP prepared for the site which provides additional planning and design guidance for development.

§ The design of the structure is prepared by way of a Design Competition.

§ A “sunset clause” applies, where the local LEP provision would cease to exist three years after the date the LEP amendment is made. This is to enable controls specific to this proposal and ensure delivery. The sunset clause would require lodgement of a Development Application within 3 years of the LEP amendment being made. After 3 years, the additional local provision would expire.

 

The purpose of allowing for an additional FSR (from 1.2:1 to 1.45:1) is to provide incentive to the proponent to secure a hotel component in the development. The additional FSR would be allowed only if a hotel component is included in the development.

 

A copy of the exhibited Planning Proposal has been provided to Councillors as a separate enclosure and is publicly available on Council’s website.

 

At its meeting of 28 September 2020, Council resolved to endorse for public exhibition a proposed draft amendment to Penrith Development Control Plan 2014 (DCP 2014) and a VPA offer associated with the proposed Winter Sporting Facility development.

 

It is intended that the draft DCP will facilitate the unique development sought on this site, provide greater certainty to development outcomes, and address potential impacts on neighbouring properties, such as overshadowing, amenity, privacy, bulk and scale, and the desire to deliver design excellence.

 

The draft DCP includes development controls addressing several key elements including:

§ Indicative building envelope, height limits and setbacks

§ Views and visual impact

§ Amenity impacts, such as solar impacts, privacy, acoustic

§ Building design and design excellence

§ Public domain and landscaping

§ Traffic and parking management

§ Sustainability

§ Flooding and drainage

 

A copy of the draft DCP which was placed on public exhibition is provided at Attachment 3.

 

The VPA offer seeks to provide road improvements required as a result of increased traffic volumes anticipated from the proposed development. The proponent seeks to undertake road improvements to the Jamison Road / Blaikie Road intersection to incorporate a channelised right-turn treatment east-bound on Jamison Road.

 

The road improvements are required as a result of increased traffic volumes from the proposed Winter Sporting Facility development, as identified in the traffic analysis completed to support the proposal.

 

A copy of the VPA offer which was placed on public exhibition is provided at Attachment 4.

Council’s 28 September 2020 endorsement of the draft DCP and VPA offer enabled the public exhibition of the Planning Proposal, draft DCP and VPA offer to proceed concurrently.

 

Public exhibition

 

Public exhibition of the Planning Proposal, draft DCP and VPA offer occurred from 9 October to 6 November 2020.

 

The exhibition material was available during the exhibition period on Council’s website and Your Say webpage. It is noted that on 25 March 2020, the NSW Government introduced COVID-19 legislation which made changes to the Environmental Planning and Assessment Act 1979 temporarily removing the requirement for Councils to display physical copies of certain documents at their offices.

 

While legislative changes introduced on 17 April 2020 removed the requirement for Councils to notify planning processes in local newspapers, the exhibition was advertised in the Western Weekender digital edition, as well as on Council’s website. Officers from Council’s City Planning Department were available to answer enquiries via telephone and email.

 

Council notified the Planning Proposal in accordance with Council’s Community Participation Plan. Notification letters were provided to affected and adjoining land owners, as well as to residents of the Nepean Shores community located adjacent to the subject site.

 

Public submissions

 

A total of 93 public submissions were received on the proposal, consisting of 61 objections and 32 submissions in support.

 

Of the 93 submissions received, 50 submissions were made by residents of Nepean Shores, a community of short and long-term residents, located adjacent to the south of the subject site. All the Nepean Shores submissions were in objection to the proposal.

 

The remaining 43 non-Nepean Shores submissions consisted of 11 objections and 32 submissions in support. The non-Nepean Shores submissions consisted of a mix of local residents, business owners, winter sports enthusiasts, winter sports athletes, and interested parties from overseas.

 

It is noted that Hometown Australia, the owner and operator of Nepean Shores, has made a submission objecting to the proposal.

 

It is noted that Peter Magnisalis, the proponent and Managing Director of Winter Sports World Pty Ltd, has made a submission in support of the proposal, however objecting to the requirement for a Design Competition.

 

It is noted that Penrith Ice Palace, the operator of an existing nearby ice skating centre in Jamisontown, has made a late submission objecting to the proposal.

 

The matters raised in public submissions can be grouped under the following categories:

 

1.   Reduction to the amenity of the adjacent Nepean Shores residential community.

2.   Negative impacts on the Tench Avenue / Jamison Road locality and setting.

3.   Positive impacts on the Tench Avenue / Jamison Road locality and setting.

4.   Appropriateness of the subject site for the proposed development.

5.   Economic and tourism benefits.

6.   Benefits to the winter sports industry.

 

Attachment 5 provides a summary of the matters raised in public submissions.

 

The ‘Considerations’ section presented later in this report discusses the key matters considered in forming the recommendation made in this report in respect to the proposal. 

 

Agency submissions

 

The proposal was referred to 8 agencies / public authorities with a request for comment, in accordance with the requirements of the Gateway Determination. Submissions were received from 6 public authorities.

 

No objections were raised from Sydney Water, Endeavour Energy and the NSW Rural Fire Service.

 

Transport for NSW submission regarding traffic assessment

 

The submission from Transport for NSW (TfNSW) requested the proponent to provide additional information in respect to the proponent’s supporting traffic modelling analysis and flood evacuation plans, for review and comment. TfNSW recommends that the outstanding matters are addressed prior to the finalisation of the Planning Proposal, or at a minimum are to be resolved at the development application stage.

 

The proponent is of the view that the matters identified by TfNSW should be addressed at the future development application stage, as the proponent is currently in the process of liaising with TfNSW to address matters identified in the NSW Planning Secretary’s Environmental Assessment Requirements (SEARs) issued in July 2020 for the State Significant Development (SSD-10475) Winter Sports Resort at the subject site. The SEARs requires the proponent to prepare a Traffic and Transport Impact Assessment in consultation with Council and TfNSW.

 

In this regard, it is warranted that the matters identified in the TfNSW submission are further addressed as part of a future development application process instead of as part of this current Planning Proposal process.

 

NSW Environment, Energy and Science submission regarding flood evacuation

 

The submission from the NSW Environment, Energy and Science (EES), formerly the NSW Office of Environment and Heritage, requested the proponent to provide additional information in respect to the flood impact assessment, and the supporting emergency management planning for flood evacuation. It is anticipated that these matters will be addressed and resolved through receipt of a formal written submission from the NSW State Emergency Service (SES) on the proposal.

 

NSW State Emergency Service submission regarding flood evacuation

 

At this current time the outstanding submission from SES on the proposal has not been received. SES officers recently contacted Council officers to indicate informally that the development proposal and supporting flooding assessment have been considered, and that it is SES’s view that there is sufficient flood evacuation capacity in the locality for the development to meet SES’s evacuation timeframes. It is anticipated that a formal written submission from SES will be submitted to confirm this advice and will indicate that no concern is raised.

 

DPIE has advised Council officers that this matter will need to be resolved prior to finalisation of the Planning Proposal, through submission of the outstanding SES submission in support of the Planning Proposal. DPIE has agreed to follow this up with SES.

 

NSW Government Architects Office submission regarding Design Competition

 

In accordance with the requirements of the Gateway determination, Council consulted with the NSW Government Architect’s Office (GAO) to clarify the proposed design competition requirements and to obtain the agreement of that Office for this aspect of the proposal.

 

Formal advice dated 15 February 2021 was received from the GAO and is provided at Attachment 6. This matter of the Design Competition is discussed in the next section of this report.

 

Design Competition

 

The GAO submission received in respect to the Planning Proposal confirms that a Design Competition for the proposed development is required, considering the visual prominence, scale, complexity and significance of the development proposal.

 

The GAO submission does state that the fixed and variable aspects of the reference design will be identified clearly in the endorsed design competition brief prior to the commencement of the competition. The process can be tailored to the specific conditions of the project, which have been discussed previously between Council, GAO, Winter Sports World, and DPIE. Precise details of the competition process will be agreed to and endorsed through consultation with GAO.

 

GAO states that the design competition brief should identify which elements are fixed, such as the geometry of the ski slope itself, and those elements where some change is possible, such as lobbies, waiting areas, circulation spaces, cafe, change rooms, etc. The submission notes that international precedents indicate that varied and distinctive responses to the indoor ski slope typology exist.

 

The submission confirms that the selection of a winning design through a competition process must be completed prior to submission of a Development Application.

 

It is noted that the proponent wrote to Council on 6 March 2021 to request that the Design Competition be limited so that it only applies to the external components of the development, specifically being:

§ The materials and finishes of the building

§ Landscaping and urban spaces around the building

§ Public domain (Council owned space along the roads)

 

Council’s response to the proponent presented the information provided by GAO in its submission, particularly regarding the process of how a future design competition brief will be prepared. This process will involve the proponent, Council, GAO and other stakeholders.

 

Council takes direction from GAO in relation to Design Competition as it relates to the development proposal. Given the content of the GAO submission, it is premature to agree to certain fixed and variable elements of the design competition brief at this stage, given that the process of determining and agreeing on all the elements of a design competition brief requires a holistic appreciation of all matters, involve all stakeholders, and is only appropriate to address after a decision has been made in respect to the Planning Proposal. Placing any limitation on the design competition at this current time is not supported, as this would significantly limit the scope of preparing a design competition brief, thereby limiting the effectiveness and purpose of the design competition itself.

 

The benefit of a Design Competition is that it allows comparison of different approaches, with the goal of enabling delivery of a building that is striking, with its own identify, and that considers both form as well as function in its shape and design.

 

Solar access provision to Nepean Shores

 

The Planning Proposal seeks a significant increase in the permitted LEP building height control at the subject site from 8.5m to 54m. It also seeks to enable a significant FSR control of 1.2:1 up to potentially 1.45:1 if justified. The 54m building height is understood to be necessary to enable the gradient required for the indoor ski slope facility.

 

The proposed building height and FSR would deliver a very tall and large building, regardless of the outcomes of a Design Competition. The proponent has also indicated that the building envelope is fixed to be able to facilitate the proposal and therefore setbacks and heights cannot be altered. In consideration of the close proximity of the subject site adjacent to the north of Nepean Shores, and the site’s east-west orientation with constrained dimensions, it is evident that the proposed building will significantly impact the Nepean Shores development in respect to overshadowing and provision of solar access.

 

Permissibility of Nepean Shores

 

Nepean Shores is an existing, lawful community of long term and short-term residents. Hometown Australia, the owner and operator of Nepean Shores, has indicated that the facility operates on a land-lease basis that provides permanent accommodation for residents aged over 50 years. It is understood there are approximately 200 long term residents in the development.

 

A Development Consent for DA87/0195 was granted on 24 December 1987 for a Movable Dwelling Park on the Nepean Shores site. The consent permitted a maximum 130 dwellings for long term residents and a maximum of 130 dwellings for short term residents. A subsequent modification to this consent was approved on 25 May in 2006 and refined the number of approved short and long dwellings to be a maximum of 140 long term dwellings and a maximum of 69 short term dwellings.

 

 

A further modification (DA87/0195.02) to the above consent was granted by the NSW Land and Environment Court on 7 April 2014 for a Movable Dwelling Park comprising 199 movable dwellings, of which a maximum of 157 dwellings are permitted as long term sites and 42 are for short term accommodation. The proposed modification had initially been refused by Council in a determination issued on 19 August 2013, due to concerns over high hazard flood risk. The conditions of the Court-approved modification require the development to be undertaken in accordance with a Flood Assessment Report prepared in 2014 to support the modification.

 

Given the history outlined above, Nepean Shores is a lawful, approved land use, operating under a valid development consent. Should Nepean Shores be subject to a natural disaster, the development can be rebuilt in accordance with the valid consent.

 

Solar access to Nepean Shores

 

The documentation supporting the Planning Proposal, namely the draft DCP, as well as indicative building envelope plans provided by the proponent, indicates that large parts of Nepean Shores will be overshadowed in mid-Winter between 9am and 3pm. This is particularly applicable to the dwellings on the northern boundary of Nepean Shores, which will be overshadowed all day in mid-Winter. Many of these affected dwellings contain long-term residents.

 

Between 9am and 3pm in mid-Winter, approximately 31 dwellings along the northern boundary and north-east corner of Nepean Shores would be overshadowed all day, being in either complete shadow or part-shadow. Of these, approximately 13 dwellings would be completely shadowed all day, of which 3 are short term dwellings and 10 and long term dwellings.

 

Assessment of Solar Access Impacts

 

In preparation of a Planning Proposal lodged under Section 3.33 of the Environmental Planning and Assessment Act 1979, the planning proposal authority (in this instance being Council) is required to address the justification for the objectives, outcomes and provisions and the process for their implementation. The impact on solar access from the proposed development on Nepean Shores is a relevant consideration and must be addressed as part of the Planning Proposal.

 

In consideration of SEPP 21 (Caravan Parks), which commenced in 1992, this applies to caravan park development approvals that will authorise the use of sites for short-term stays or for long-term residential purposes. There are no specific controls that address overshadowing in SEPP 21.

 

Although not being instruments that directly apply to indoor ski slopes, there is value in drawing upon the solar access requirements underlying SEPP 65 (Design Quality of Residential Apartment Development), and in turn the Residential Flat Design Code where the principles of solar access are relevant. The SEPP 65 guidelines are a guide or reference that can be used to assist in assessing the impact. It is important therefore to address how the Planning Proposal will achieve the objectives of the guidelines.

 

The underlying objective of solar access according to the guidelines is predicated on:

 

Direct sunlight into living rooms and private open spaces is a key factor influencing residential amenity for apartments. It is beneficial for residents to experience the light and warmth of the sun in their living environment. It also reduces reliance on artificial lighting and heating, improving energy efficiency and environmental sustainability.

 

Page 5 of the Department of Planning and Environment’s “Guide to preparing planning proposals” states that:

 

The planning proposal should contain enough information to identify relevant environmental, social, economic and other site-specific considerations. The scope for investigating any key issues should be identified in the initial planning proposal that is submitted for a Gateway determination. This would include listing what additional studies the PPA (planning proposal authority) considers necessary to justify the suitability of the proposed LEP amendment. The actual information/investigation may be undertaken after a Gateway determination has been issued and if required by the Gateway determination.

 

Pages 16 and 17 of the Guide describe issues relating to environmental, social, economic and other site-specific considerations. The impacts from the Planning Proposal must be identified, considered and addressed.

 

In reference to the Objects of the Environmental Planning and Assessment Act 1979, the following Objects warrant consideration in respect to solar access:

 

(a)  to promote the social and economic welfare of the community and a better environment by the proper management, development and conservation of the State’s natural and other resources,

 

(g)  to promote good design and amenity of the built environment,

 

Solar access provision should be addressed in the Planning Proposal as a merit consideration. The above references suggest that it should be addressed. The underlying objective of solar access according to the SEPP 65 guidelines is predicated on provision of direct sunlight to living rooms and private open spaces being a key factor influencing residential amenity that is a benefit for residents.

 

Given that the dwellings along the northern side of Nepean Shores will be overshadowed all day in mid-winter, and many of these dwellings are long term residents, council officers recently requested the proponent to provide a response in respect to concerns over the impact of solar access to Nepean Shores.

 

There is an absence of any applicable numeric planning controls to determine whether the impact of the proposal on the solar access to the adjoining property is acceptable. There is value in drawing upon the solar access requirements underlying SEPP 65 (Design Quality of Residential Apartment Development), and in turn the Residential Flat Design Code where the principles of solar access are relevant.

 

The SEPP 65 guidelines are a guide or reference that can be used to assist in assessing the impact. We don’t consider the exact numerical controls directly relevant for this development, however the principles of the provision of direct sunlight into living rooms and private open spaces to provide residential amenity are matters for consideration.

 

In the proponent’s response dated 29 March 2021, the proponent has assessed the development proposal against the numeric controls provided in the SEPP 65 Apartment Design Guide (ADG). The proponent has demonstrated that the development proposal complies with the numeric controls of the ADG in respect to solar access, being:

§ Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9am and 3pm at mid-winter

§ A maximum of 15% of apartments in a building receive no direct sunlight between 9am and 3pm at mid-winter.

§ Developments achieve a minimum 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9am and 3pm on 21 June.

 

Although compliance with the ADG solar access numeric controls is acknowledged, it is noted that the exact numerical controls should not be the primary point of focus, but rather the principle being the provision of direct sunlight into living rooms and private open spaces to provide residential amenity. The applicant has not demonstrated the achievement of the principles.

 

Council’s concern is that the dwellings along the northern edge of Nepean Shores will be overshadowed all day in mid-winter, and many of these dwellings are long term residents. The impact on those affected dwellings is therefore severe.

 

In relation to the assessment of the proposal, should a development application be lodged, we have taken advice from our Development Services Department which has confirmed that, given the solar access would be assessed on its merits, officers would rely on the residential chapter and solar planning provisions contained in Council’s DCP to assess impacts on Nepean Shores. These provisions include:

 

1)   Demonstrate that dwellings meet acceptable solar standards and that existing neighbouring and proposed private open spaces receive adequate solar access:

 

a)   maximise potential for solar gain by placing windows in all exterior walls that are exposed to northern sun;

b)   ensure that the proposed development provides a minimum of 3 hours sunlight between 9am and 3pm on 21 June, to living zones of the dwelling, and the living zones of any adjoining dwellings;

c)   ensure that the proposed development provides a minimum of 3 hours sunlight between 9am and 3pm on 21 June, to 40% of the main private open spaces of the dwelling and main private open spaces of any adjoining dwellings, and

d)   where existing overshadowing by buildings and fences reduces sunlight to less than this, sunlight is not further reduced by more than 20%.

 

It is clear that the proposal would not be able to meet the above requirements and therefore would be difficult to approve should a development application be lodged on this basis alone. 

 

The proponent has argued that of the 10 long term cabins that will be shadowed all day, only 4 have north-facing private open space areas, whilst the remaining 6 long term dwellings have primary living rooms and private open space that do not face north.

 

Although this fact is acknowledged, it is possible that the configuration of the affected dwellings may change over time with a change in tenant, or a replacement of the dwelling building, meaning that in the future more long terms cabins may orient their private open space and living rooms northwards. It is noted that Council has received objections to the Planning Proposal from several of the impacted long-term dwellings situated in this part of Nepean Shores.

 

The proponent argues also that the long term dwellings along the northern boundary of Nepean Shores would have their solar access impacted by a development proposal that complies with the existing height and setback controls in Council’s LEP and DCP. It is noted that no supporting analysis has been provided by the proponent to demonstrate this statement.

 

Regardless, it is not possible to draw a comparison between the impacts from a LEP/DCP-compliant scheme compared to the development sought by the Planning Proposal as development of a lower scale can be setback accordingly to address such impacts. The proposed development is significantly tall and bulky, and would place adjacent dwellings in shadow all day, which is a significant impact.

 

The proponent has also argued that existing trees already cast shadow on the dwellings along the northern boundary of Nepean Shores. Although this point is acknowledged, again it is not possible to draw a comparison between the impacts from overshadowing from trees compared to the development sought by the Planning Proposal, which would likely cause a much more severe and significant overshadowing impact. In The Benevolent Society v Waverley Council [2010] NSWLEC 1082, sunlight planning principles state amongst other matters thatOvershadowing by vegetation should be ignored, except that vegetation may be taken into account in a qualitative way, in particular dense hedges that appear like a solid fence”.

 

The proponent has argued that the overshadowing diagrams presented in the draft DCP present the maximum possible overshadowing on Nepean Shores, however this built form diagram cannot be altered as it is required to facilitate the proposal.

 

In its letter of 6 March 2021 (discussed earlier in this report) the proponent requested that the Design Competition be limited so that it only applies to the external components of the development. In its submission on the exhibition of the Planning Proposal the proponent has indicated that there is limited desire to amend the current design of the development. The subject site’s east-west orientation with constrained dimensions, means that the options are limited to make a ‘smaller’ building. The proposed building height and FSR would deliver a very tall and large building, regardless of the outcomes of a Design Competition, or what controls are the proposed DCP. Therefore, it is likely that the significant impact on solar access provision to Nepean Shores will remain regardless of future detailed design.

 

Council’s 3D model was employed to utilise electronic design files provided by the proponent to visualise the overshadowing that would result from the likely built form outcome sought on the Winter Sports World site. The model confirms that all 10 of the long term dwellings along the northern boundary of Nepean Shores will be overshadowed (in part or completely) all day in mid-winter.

 

Suitability of proposed building height for the locality

 

Council’s planning controls and policies for the locality around Tench Avenue and Jamison Road currently permit only lower-scale built form (a maximum 8.5m building height), and promote a nature-focused river environment. The size of the proposed development would potentially change this setting. The proposed 54m height and 1.2:1 FSR are a significant diversion from the established planning controls and the building itself would be the first in the locality to disrupt views of the Blue Mountains.

 

There are several Council planning documents which identify the importance of maintaining or enhancing certain views in the area, including LEP 2010, DCP 2014, the ‘Our River’ Nepean River Masterplan (2013), Riverlink Precinct Urban Design Study (2009) and Riverlink Precinct Plan (2008). The important views identified to be maintained or enhanced are views to the Blue Mountains escarpment from roads and public areas, and views to and from the Nepean River.

 

DCP 2014 and the ‘Our River’ masterplan identify the area at the intersection of Jamison Road and Tench Avenue as an important gateway location, where a strong sense of arrival along Jamison Road is envisaged, and where vistas and view corridors to and from the river and to the Blue Mountains escarpment are to be enhanced. Tench Reserve in this location is planned to be developed as a significant embellished congregation area. The subject site is envisaged in these policies to contain a highly visible landmark building displaying design excellence with street activation.

 

It is noted that when Council initially considered the Planning Proposal at its 26 November 2018 Ordinary Meeting, the report acknowledged potential impacts on important views, and that the subject site is in a ‘gateway’ location. The report recommended that the merits of the proposal in respect to visual impact be further considered throughout the future community and agency engagement. The community and agency engagement which has since been completed enables Council to make an informed decision as to the merits of the Planning Proposal and draft DCP in respect to the proposed building height and the suitability of this in the context of the locality.

 

Given the above, it is concluded that the Planning Proposal lacks context and does not balance economic, social and environmental outcomes.

 

Consideration

 

After consideration of the matters raised in public and agency submissions, it can be concluded that several key matters are not able to be fully addressed and resolved as part of this current Planning Proposal process. It would also be difficult to approve a future Development Application given the above matters.

 

The GAO submission has provided Council with certainty that a future Design Competition process for the proposed development would be robust, and that Council would be significantly involved in key elements of that process. The preparation of the design competition brief will identify clearly the fixed and variable aspects of the reference design, and it is possible that the ultimate winning design may be different from the current draft design. Council and the proponent would be involved in the preparation of the design competition brief. GAO has indicated that varied and distinctive responses to the indoor ski slope typology exist. It is noted however that the proposed building height and FSR would deliver a very tall and large building and would not be able to alter the building envelope regardless of the outcomes of a Design Competition.

 

It is likely that the amenity of the Nepean Shores residential community would be significantly impacted by the proposed development, due to overshadowing and the imposing built form proposed in close proximity to homes. It is noted that other impacts such as noise, privacy, odour and construction impacts could potentially generate impacts however these matters are better addressed and resolved as part of a future Development Application process.

 

Residential uses are not currently permissible in the SP3 Tourist zone in which Nepean Shores and the proposed Winter Sporting Facility are situated. However, Nepean Shores is an existing, lawful community, approved in 1987, that has not indicated an intention to re-develop. Consideration must be given to the impacts on these long-term residents. There is concern that the proposed development would de-value homes at Nepean Shores, and would either displace residents, or force them to remain with no viable alternative, creating social impacts extending beyond the site.

 

Council’s planning controls and policies for the locality around Tench Avenue and Jamison Road currently permit only lower-scale built form, and promote a nature-focused river environment. The height and FSR proposed are a significant diversion from the established planning controls set by Council.

 

There are several Council planning documents which identify the importance of maintaining or enhancing certain views in the area, being views to the Blue Mountains escarpment from roads and public areas, and views to and from the Nepean River. These Council planning documents also identify the intersection of Jamison Road and Tench Avenue as an important gateway location that contains a highly visible landmark building displaying design excellence with street activation.

 

The proposed building height does not align with existing Council policy for the area in respect to built form, and would significantly impact solar access provision to Nepean Shores. The Planning Proposal should therefore not be supported.

 

Council officers have undertaken a significant amount of analysis in regards to the impacts on solar access to Nepean Shores, and have enabled the proponent to provide a submission as part of this process. Significant concern has been identified in respect to the impacts on solar access from the proposed development.

 

Should Council reject the Planning Proposal, then Council officers would request the Minister for Planning and Public Spaces to determine that the matter not proceed, as prescribed by Section 3.35 of the Environmental Planning and Assessment Act 1979 (the Act). As delegate for the Minister for Planning and Public Spaces, the Planning Secretary of the Department of Planning, Industry and Environment will be requested by Council to issue an altered Gateway Determination that states that the Planning Proposal should not proceed.

 

It should be noted that the Act enables the Minister to arrange for a review of a planning proposal to be conducted by, or with the assistance of, the Independent Planning Commission or a Sydney district or regional planning panel should Council reject the Planning Proposal.

 

Conclusion

 

It is clear that the proposed development would bring several benefits such as investment, jobs, tourism and economic benefits, providing a facility of national significance and an iconic landmark in the Penrith region.

 

The increase in maximum building height from 8.5m to 54m is significant and is a substantial deviation from existing Council policy for this area of the Riverlink Precinct. The proposed height would change the low-scale built form of the locality, providing an imposing building that would generate significant overshadowing of Nepean Shores, impact on views to the mountains, and change the nature of the Tench Avenue / Jamison Road gateway environment. If the proposal were to be supported, it would set a precedent for future development proposals to do the same.

 

It is also evident that it would be difficult to approve a subsequent development application for this proposal on this site.

 

It is therefore concluded that the Planning Proposal should not be supported.

 

DPIE timeframe for Council reporting and decision

 

On 6 April 2021 DPIE provided correspondence to Council that prescribes completion timeframes and milestones that Council must achieve for the finalisation of the Planning Proposal. The correspondence requires that the Planning Proposal is to be finalised by end of June 2021.

 

Financial implications

 

Should Council endorse the Planning Proposal, draft DCP and VPA offer, a Planning Agreement based on the VPA offer would be prepared, publicly notified, and executed by Council and the proponent. The proposed VPA offer encompasses the delivery of road improvements by the proponent as works in kind.

 

Risk implications

 

There are no identified risks should Council resolve to endorse the recommendation.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Proposed Winter Sporting Facility at 2 Tench Avenue, Jamisontown be received

2.     Council not support the Planning Proposal for the proposed Winter Sporting Facility at 2 Tench Avenue, Jamisontown.

3.     A record of Council’s decision be provided to the applicant.

4.     Council request the Department of Planning, Industry and Environment to issue an altered Gateway Determination that states that the Planning Proposal should not proceed.

 

 

ATTACHMENTS/APPENDICES

1.

Site Location Map

1 Page

Attachments Included

2.

Envisaged Development

1 Page

Attachments Included

3.

Draft DCP

30 Pages

Attachments Included

4.

VPA Offer

4 Pages

Attachments Included

5.

Matter raised in public submissions

2 Pages

Attachments Included

6.

Submission from NSW Government Architects Office

3 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    24 May 2021

 

 

 

2

Public Exhibition of Draft Employment Lands Strategy   

 

Compiled by:               Anne Hurni, Co-ordinator - Research and Policy

Paula Tomkins, Executive Planner

Authorised by:            Carlie Ryan, City Strategy Manager

Kylie Powell, Director - City Futures  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

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

      

 

Executive Summary

A draft Employment Lands Strategy (ELS) (enclosed separately) has been prepared for Penrith local government area to provide a strategic approach to managing our employment land and economic growth over the next two decades. It is proposed to exhibit the draft ELS for community consultation from 8 June to 6 July 2021.

 

The draft ELS forms a key element of the city-wide strategic framework, together with other strategies, being developed during 2021. The draft ELS builds on recent government plans and investments for our City and sets key directions and actions for retaining, managing and planning our employment lands in line with the vision of a connected, healthy, innovative and balanced city as set out in Penrith’s Local Strategic Planning Statement. Given the landscape is changing rapidly in our region, it is timely to further develop our thinking in relation to employment lands.

 

Councillors were presented the draft ELS at a briefing on 19 April 2021. Councillors have been briefed on the progress of the draft ELS on a number of occasions during its development, including at a briefing on 21 September 2020 and via memorandum on the progress of the ELS on 3 December 2020 and on 18 December 2020. Councillors were presented with the key directions and emerging actions in the ELS for their consideration on 1 March 2021.  

Background

Having more jobs closer to home is a high priority for the Penrith community. Council adopted its Economic Development Strategy (EDS) in 2017, which set a jobs target of 55,000 jobs. Council has been implementing the actions of the EDS and was on track to achieve this target by 2041 prior to the COVID-19 pandemic. 

 

While the COVID-19 pandemic and government restrictions will impact immigration and population growth in the short term nationally, Penrith’s population is still projected to grow to around 370,000 over the next twenty years. At that rate, Penrith will need to attract and enable businesses to grow the number of local jobs for local people by between 85,000 and 109,000 jobs to support our growing population and workforce. Penrith will need to provide even more jobs to fully realise its potential as a Local Government Area serving a nationally significant economic region and to achieve a vision of a thriving and innovative 30-minute city, home to new technologies and opportunities.

 

Government investment in the Aerotropolis, the Sydney Metro Western Sydney Airport (North-South Rail), and newly released employment land in the Mamre Road industrial precinct, provide a unique opportunity to create a thriving and resilient economy and to provide many new jobs for our future workforce. With over 4,000 hectares of existing and potential employment land in our LGA, Penrith has a once in a lifetime opportunity to be a leading generator of Greater Sydney’s future productivity. Given the landscape is changing rapidly in our region, it is timely to further develop our thinking in relation to employment lands.

 

The Greater Sydney Commission’s Western City District Plan (2018) sets out key principles for councils to retain, plan and manage their employment lands to support the productivity of the region and create the conditions for a stronger economy. Under Objective 23 in the Western City District Plan, councils are to conduct a strategic review of industrial land. The draft ELS responds to these principles and fulfils Council’s required action under this objective.

Preparation of the draft ELS

Council commissioned HillPDA to conduct an employment lands study in late 2019 which examined the supply of land and industry activity within Penrith’s existing employment precincts. Subsequently, DPIE released new population projections, rezoned the Mamre Road precinct and prepared plans for the Western Sydney Aerotropolis precincts. A more recent economic analysis of the North South Corridor was conducted for Council by Mecone Atlas Urban Economics in early 2021.

Further data analysis was conducted in 2021 to assess the current supply, land use and employment in each of Penrith’s five primary industrial precincts: Erskine Park, St Marys, North Penrith, Emu Plains and Jamisontown. The analysis updates the HillPDA report using the Department of Planning, Industry and Environment (DPIE) Employment Lands Development Monitor 2020.

The analysis of each of these five precincts is presented in the Penrith Industrial Precincts Technical Report (enclosed separately)

Current Situation

Council’s Local Strategic Planning Statement (LSPS), adopted on 23 March 2020, identified an Employment Lands Strategy as an immediate action to help grow our economy.

The draft ELS delivers on this action and has been prepared for exhibition. It reflects community views expressed during the consultation for the LSPS, as well as input and feedback from internal Council stakeholders.

The draft ELS builds on recent government plans and investments for Penrith and sets out key moves, strategic directions and actions for retaining, managing and planning our employment lands in line with the vision of a connected, healthy, innovative and balanced city in line with Penrith’s LSPS.

The draft ELS draws on the findings from recent land use and economic studies noted above including:

·    Penrith City Council 2021, Penrith Industrial Precincts Technical Report (enclosed separately)

·    Mecone Atlas Urban Economics 2021, Penrith North-South Corridor Study (enclosed separately)

·    HillPDA 2020, Penrith Employment Land Use study and Addendum Study (enclosed separately)

It is proposed that these reports be publicly released at the same time as the exhibition of draft ELS as, together, they form the evidence base for the draft strategy. 

Strategic directions and actions

The draft ELS sets out key moves for managing and planning for employment lands to strengthen the three corridors of Penrith’s economic triangle:

East West corridor

-     safeguard capacity for employment and local businesses growth;

-     enhance amenity in our existing employment lands and in our centres in the East West corridor.

North South (New Enterprise) corridor

-     support planning of new employment lands and advocate for timely provision of services and infrastructure to attract investment that builds on existing strengths and specialisations in advanced manufacturing, freight and logistics and construction;

-     identify suitable lands to attract and grow new businesses and innovation in the emerging circular economy around waste, water and renewable energy in the North South corridor.

Western (Scenic) Corridor

-     preserve and enhance Penrith’s unique natural, scenic and cultural landscapes;

-     explore tourism and leisure opportunities, such as nature-based and eco-tourism, heritage and farm gate trails, boutique and lifestyle accommodation, sporting and recreational and wellbeing activities, and rural enterprises.

With these key moves in mind, the draft ELS sets out 20 actions grouped under four strategic directions aligned to the four themes of the LSPS:

 

Connected - Deliver a safe, efficient and sustainable 30-minute city

Healthy       - Improve the health and wellbeing of residents, workers and visitors

Innovative  - Build on our strengths and attract new enterprise

Balanced    - Protect our environment and strengthen our resilience    

 

The list of actions identified under each direction is also enclosed separately.

 

Together the directions and actions aim to help Council address our planning challenges and maximise our economic opportunities to:

·    grow the number and diversity of local jobs

·    provide a reliable pipeline of serviced land for a range of businesses of different types and sizes

·    enable flexibility in the planning framework

·    improve amenity and connectivity in our precincts and centres

·    take advantage of new technologies and the emerging circular economy to bolster our productivity.

Public exhibition and engagement activities

The draft ELS is proposed to be publicly exhibited at the same time as the draft Green Grid Strategy between 8 June to 6 July 2021. An outline of the proposed engagement program is provided below.

 

Advertising and Notification

To ensure that we reach a broad range of stakeholders and the community within the Penrith LGA, we will use a variety of channels to promote the exhibition of the draft ELS and how to provide feedback or make a submission. These channels include direct communications, advertisements in the Western Weekender and utilisation of Council’s social media channels, such as Facebook and Twitter. Details will also be placed in Council’s Our Place newsletter and New West e-news.

Council’s YourSay webpage

A dedicated YourSay webpage will provide all materials and information related to the exhibition of the draft ELS. This webpage will include a range of options for community members to use to make written submissions, as well as an ideas board where members of the community can post their ideas and thoughts on the draft ELS. All ideas placed on the ideas board will be able to be viewed publicly.

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

 

Consultation with business and industry stakeholders in employment precincts

Stakeholder consultation will be carried out in employment precincts to engage with users, workers and businesses to discuss the draft ELS, gather further insights and answer questions.

Financial Implications

 

The costs associated with the public exhibition of the draft ELS will be funded within existing budgets as part of the 2020-21 Operational and Delivery Program.

Following public consultation, an estimation of the financial implications of the ELS directions and actions will be developed. It is intended that these priorities will be integrated within Council’s future Operational and Delivery Programs with grant funding opportunities also being investigated.

Risk Implications

The draft ELS has been identified as an immediate action for Council in its LSPS and fulfils Council’s obligation to conduct a strategic review of industrial land under Objective 23 in the Western City District Plan. The ELS enables Council to guide development and lead conversations to ensure a sufficient supply of employment lands is available into the future.

Conclusion

The draft ELS sets out the directions and actions for retaining, planning and managing Penrith’s employment lands in line with the vision of a connected, healthy, innovative and balanced city to help create a thriving and resilient economy to support our growing population.

 

The draft ELS is proposed for public exhibition from 8 June to 6 July 2021 to enable wide community and stakeholder feedback.

 

Following public exhibition, the strategy will be further refined to reflect community and stakeholder feedback before being reported to Council for endorsement.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Public Exhibition of Draft Employment Lands Strategy be received.

2.     Council approve the Draft Employment Lands Strategy to be placed on public exhibition commencing Tuesday 8 June and closing on 6 July 2021 (inclusive) together with supporting documents including the Penrith Industrial Precincts Technical Report 2021, Mecone North-South Corridor Study 2021, and HillPDA Penrith Employment Lands Use Study and Addendum 2020, provided as a separate enclosure to this report.

3.     Delegation be granted to the General Manager to make minor changes to the draft Employment Lands Strategy and supporting documents prior to exhibition, if required.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting                                                                                                    24 May 2021

 

 

 

3

Public Exhibition of Draft Green Grid Strategy   

 

Compiled by:               Paula Tomkins, Executive Planner

Authorised by:            Carlie Ryan, City Strategy Manager

Kylie Powell, Director - City Futures  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

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

      

 

Executive Summary

The purpose of this report is to seek endorsement from Council to place the draft Green Grid Strategy on public exhibition. Council has prepared a draft Green Grid Strategy for the local government area that builds on the Sydney Green Grid developed by the Government Architect NSW. The Strategy has been prepared with funding received from the Department of Planning, Industry and Environment under the Metropolitan Greenspace Program.

The Green Grid Strategy is a key element of Council’s strategic framework that identifies our key green infrastructure and connections between these areas throughout our City.  The Strategy aims to identify the green grid that, when implemented, will help keep our City cool, encourage healthy lifestyles, support walking and cycling, provide better access to open spaces, enhanced bushland and support ecological resilience.

The draft Green Grid Strategy is at Attachment 1.

Background

The Greater Sydney Region Plan (Region Plan), A Metropolis of Three Cities identifies the Sydney Green Grid as the element which sets the long-term vision for a network of high-quality green areas that will connect communities to green infrastructure.

 

Following its identification in the Region Plan, the Government Architect NSW prepared the Sydney Green Grid document which provides a spatial framework and project opportunities. The Sydney Green Grid describes the green grid as promoting the creation of a network of high quality open spaces that supports recreation, biodiversity and waterway health and creating a network that connects strategic, district and local centres, public transport hubs and residential areas.

 

Council’s Local Strategic Planning Statement further recognises the importance of the green grid for our City by prioritising Connecting our Blue and Green Grid (Planning Priority 18) and identifying the preparation of a green grid strategy as an immediate action.

 

Council received funding for the preparation of the Green Grid Strategy from the Department of Planning, Industry and Environment through the 2018/19 Metropolitan Greenspace Program. Receipt of the funding was endorsed at the 25 November 2019 Ordinary Meeting of Council. Council has been subsequently briefed on the development of the draft Green Grid Strategy through briefings on the development of the broader strategic framework on 7 7 December 2020, 1 March 2021 and a specific green grid briefing on 19 April 2021.

 

Current Situation

A draft Green Grid Strategy document has been developed and is at Attachment 1. The document uses the NSW Government’s Green Grid spatial framework for our District, including project opportunities, as a basis and localises this for our City. The draft Green Grid Strategy also builds on and will help deliver existing strategic work including Cooling the City and the Penrith Sport and Recreation Strategy and will work together with other Council documents such as the Street and Park Tree Management Plan and the recently developed Draft Resilient Penrith Action Plan. It also considers the urban heat research Council did in conjunction with Western Sydney University (Benchmarking Summer Heat Across Penrith).

 

The draft Green Grid Strategy develops a comprehensive Green Grid for Penrith that supports safe active transport opportunities, and connects vibrant community open spaces, water ways, bushland, schools, public transport and town centres accessible for everyone. A systematic approach has been taken to the development of the Green Grid including detailed analysis of existing data such as:

·    ecological (national parks, nature reserves and vegetation cover),

·    recreational (active and passive open space),

·    hydrological (creeks and rivers, flooding),

·    active transport connections (footpaths and cycleways),

·    urban heat,

·    walking catchments of key destinations such as train stations, schools and shopping centres.

 

The purpose of the Green Grid is to provide a common vision for the grid across our City and identify existing and future opportunities to enhance our grid for the benefit of the community. While the draft Green Grid Strategy identifies priority connections that are desirable to be delivered in the future, it does not propose specific land use change.

 

The draft Green Grid Strategy identifies projects throughout our City that will result in the implementation of the green grid over time and prioritises these projects on the basis of their value to our community. The project prioritisation methodology will allow us to consider green grid projects further in the future and build them into our integrated planning and reporting framework for delivery. As the premise of the green grid is connecting people to green spaces, many of the projects identified are within areas of higher population density as these projects have the potential to deliver greater value for money as they benefit a larger number of people.

 

As a first step, a number of priority projects have been further developed with high level concept plans and visualisations that illustrate what implementation of the green grid throughout our City would mean. These priority projects are a mixture of short and longer term opportunities on public land. The additional information developed for these priority projects allows us to advocate with other parties for their implementation or seek additional funding to implement them ourselves.

 

Importantly the draft Green Grid Strategy identifies a number of recommendations that will be key in implementing the green grid into the future including ensuring that its implementation is an organisational priority and capturing the green grid as an asset class within our asset management system.

 

Public exhibition and engagement activities

The draft Green Grid Strategy is proposed to be publicly exhibited at the same time as the draft Employment Lands Strategy for a period of 4 weeks between 8 June to 6 July 2021. An outline of the proposed engagement program is provided below.

Advertising and Notification

To ensure that we reach a broad demographic range within the Penrith LGA, traditional and social media will be used to promote the exhibition of the draft Green Grid Strategy. This will include a media release, a short video and utilisation of Council’s Social Media channels including Facebook and Twitter.

Details will also be placed in Council’s Our Place publication and Sustainability e-news advising of the exhibition of the draft Green Grid Strategy and details on how to make a submission.

Council’s YourSay webpage

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

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

 

Drop-in sessions

Drop-in sessions will be held across Penrith City to engage with residents who may not necessarily access our website or social media. Council staff will be available at these sessions to seek feedback and answer questions. The proposed locations and dates for the drop-in sessions are:

·    Village Café Kingswood, Thursday 10 June 9.30am -11.30am

·    Village Café North St Marys, Thursday 17 June 9.30am -11.30am

·    Village Café Llandilo, Thursday 24 June 9.30am – 11.30am

·    Penrith City Library, Theatrette, Thursday 24 June 6-8pm

·    Tench Reserve, Nepean River, Saturday 26 June 2-4pm

Financial Implications

Costs associated with the preparation of the draft Green Grid Strategy, including exhibition costs are available within existing funds provided by the Department of Planning, Industry and Environment under the Metropolitan Greenspace Program. 

Should the draft Green Grid Strategy be endorsed by Council in future, there will be financial implications associated with its implementation over time. This is a long term proposition and while the draft Green Grid Strategy prioritises projects across the City, it does not commit to a specific timeframe for delivery.

Future works in line with the draft Green Grid Strategy will likely be prioritised and funded through Council’s future Operational and Delivery Programs with grant funding opportunities from external sources also being investigated.

Risk Implications

A funding agreement has been signed with the Department of Planning, Industry and Environment for funding to prepare the Green Grid Strategy. Should the draft Green Grid Strategy not be placed on public exhibition prior to the end of June 2021 this may compromise the funding agreement.

The draft Green Grid Strategy identifies our green grid and provides a robust Council wide framework for future implementation. This reduces risk by clearly prioritising future projects for the green grid and facilitating alignment across Council.  

Conclusion

The draft Green Grid Strategy has been prepared to localise the Sydney Green Grid for our City. It maps the grid and identifies the projects that will ensure it is implemented over time, providing recommendations for its ongoing implementation.

The draft Green Grid Strategy is proposed for public exhibition from 8 June to 6 July 2021 enabling wide community and stakeholder feedback.

Following public exhibition, the strategy will be further refined to reflect community and stakeholder feedback before being reported to Council for endorsement.

 

RECOMMENDATION

That:

1.     The information contained in the report on Public Exhibition of Draft Green Grid Strategy be received

2.     Council endorse the draft Green Grid Strategy, to be publicly exhibited from 8 June to 6 July 2021

3.     Delegation be granted to the General Manager to make minor changes to the draft Green Grid Strategy prior to exhibition, if necessary.

 

 

ATTACHMENTS/APPENDICES

1.

Draft Green Grid Strategy

170 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    24 May 2021

 

 

 

4

Submissions to Various State Government Planning Reform Matters on Exhibition   

 

Compiled by:               Abdul Cheema, City Planning Coordinator

Natalie Stanowski, Principal Planner

Nicole Dukinfield, Principal Planner

Authorised by:            Natasha Borgia, City Planning Manager

Kylie Powell, Director - City Futures  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

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

      

 

Executive Summary

The purpose of this report is to seek Council’s endorsement on the submission to certain reforms being undertaken by the NSW Department of Planning, Industry and Environment (The Department).

There are a range of reforms currently underway. Councillors were briefed on these matters at the Councillor Briefing of 17 May 2021. A memo was also provided to Councillors that outlined these reforms in detail. This report relates to the following matters that have recently been placed on exhibition.

a)   Building Business Back Better (Employment Reforms)

b)   Agriculture amendments

c)   Clause 4.6 amendments

Current Situation

Each proposed amendment to planning controls is detailed below:

a)   Building Business Back Better (Employment Reforms)

 

The planning amendments proposed by the Department to reform the State Environmental Planning Policy - Exempt and Complying Development Codes 2008 (the Codes SEPP) for commercial and industrial development are known as “Building Business Back Better”. Councillors received a memo which included information about the proposed amendments on 29 April 2021 and were briefed on 17 May 2021.

 

The proposed changes are identified in the Explanation of Intended Effects (EIE), which was on exhibition until 9 May 2021. The proposed amendments relate to complying development controls for industrial zones, business zones, neighbourhood zones and local centre zones. Council officers were not made aware of this amendment ahead of the public exhibition. The Codes SEPP permits complying development, which is approved through a Complying Development Certificate (CDC), rather than a Development Application (DA) and may be approved by private certifiers. 

 

Due to the short timeframe to provide a response, Council officers reviewed the proposed amendments and a preliminary submission was provided to the DPIE on 7 May 2021, on the basis that Council has the opportunity to provide a final submission including any other matters raised as a result of this report. 

 

The EIE indicates that the proposed changes respond to research commissioned by the Department into methods for stimulating employment and development post COVID19 and seek to enable streamlined assessment processes. The proposed changes are intended to complement the employment zone reform program currently underway. 

 

A summary of key areas the EIE identifies for future amendment is provided below, along with Council’s comments. These amendments are proposed to the Codes SEPP, unless otherwise specified:

 

Retail, Commercial and Industrial development:

 

·    Applying the Codes SEPP to a range of additional land uses including data centres (a building, dedicated space within a building, or a group of buildings used to house computer systems and associated components), depots, entertainment and artisan food and drink industries, health manufacturers and heavy industry, and neighbourhood supermarkets, among other premises.

·    Setting standard controls for hours of operation and car parking, some of which will increase the hours of operation irrespective of existing noise standards. Hours of operation may also be approved through a CDC, instead of a DA.

·    Increasing building heights in industrial zones to 18 metres, overriding Council’s local industrial zone height controls where they are less than 18 metres under the LEP. Council’s existing industrial areas predominantly have a height limit of 12m.

·    Increasing gross floor area (GFA) limits for industrial and commercial development.

·    New complying industrial development in areas without an existing building height control may reach 45m, though these buildings will have increased setbacks from residential development.  This means that in areas in Penrith without a Height of Building limit, like the Mamre Road Precinct, will be able to reach up to 45m. It is also not possible for Council to set a height of building control for this land, as it's governed by the State Environmental Planning Policy (Western Sydney Employment Area) 2009 (WSEA SEPP).

·    Increasing flexibility of controls for car parking configuration, click-and-collect facilities and loading areas. 

·    Allowing a change of use to a permissible land use listed in the Codes SEPP, irrespective of the permissibility of the existing use of a premises. Previously, changes of use applications under the Codes SEPP needed to prove that the previous land use was legal, and industry identified that this documentation was difficult to source.

·    The Department has drafted a Business Zone Design Guide, which is available for review. This document will support certain complying development under the Code in business zones.

·    It is proposed that the submission of a design verification statement having regard to the new Design Guide will be required by the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation). This is consistent with the process for the Low Rise Housing Diversity Design Guide for Complying Development.

·    Increasing the floor area permitted for ancillary uses, such as offices and industrial retail outlets. 

·    Amendments for development on land covered by the State Environmental Planning Policy (Western Sydney Employment Area) 2009 to include requirements for contributions to the provision of regional transport infrastructure, consideration of a development control plan and consultation with Transport for NSW for development in certain areas. The instrument that is proposed to be amended is unspecified. These changes are proposed to support the Codes SEPP amendment.

·    Generally align the existing traffic impact certification process for complying development with the ‘traffic generating development’ referral requirements to State Environmental Planning Policy (Infrastructure) 2007.

 

Key matters for submission

 

The intention to recover from the impacts of COVID 19 by supporting local business is to be applauded. However, the range of proposed amendments to controls for Retail, Commercial and Industrial development is extremely broad, and the cumulative impacts of the amendments should be examined in various locations, as local context is critical to understanding the implications of the proposed amendments.

 

·    The inclusion of new land uses as complying development is supported, but not at the expense of the environment, community resilience and local character. These are critical considerations for Penrith’s business and industrial lands, and Council notes that the EIE and attachments do not provide any significant analysis of these impacts.

·    Applying the Codes SEPP to additional land uses will further increase reliance on the development-specific expertise of private certifiers, unless the associated design guidance is exhaustive. This means an increased chance of critical considerations being missed or mishandled. Alternately, if design guidance and controls are exhaustive, this would increase the time required for assessment of Complying Development Certificates, thus reducing the effectiveness of complying development as a concept for enabling streamlined assessment processes.

·    It is believed that the Department’s proposal to introduce a Business Zone Design Guide is inconsistent with it’s stated intentions to deliver areas with defined local character and enrich local neighbourhoods. The standardisation of development outcomes for complying development in business zones may result in homogenised urban landscapes, particularly when the Department has not yet released a guideline for the preparation of Development Control Plans. This means that there can be no clear system for applicants to reference local controls in Council’s Development Control Plan. The same concern applies to increasing building heights and gross floor area.

·    The proposal to increase heights of complying industrial buildings may negatively influence the amenity and character of Council’s industrial areas, resulting in buildings which are visually distinct from their neighbours. Many of Council’s existing Industrial lands adjoin or have a strong relationship with lower density residential areas. This amendment is not supported, and it should be left up to councils to revise local controls where necessary to ensure that new features, such as solar panels, can be fit within industrial building envelopes. 

·    Increasing gross floor areas may negatively influence the ability to provide external cooling initiatives in business and employment lands, which are an area of concern for the management of urban heat.

·    The standardisation of parking, traffic and noise requirements is a concern for Council, given the hugely different contexts of certain businesses and Neighbourhood Business Centres. The controls must consider the regularity of and access to public transport options, the distinct differences in the location and structure of parking relative to the development and that there may be considerable safety concerns on one site, for example on busy intersections, which are not present for other sites.

Neighbourhood Business Centres

 

·    Allowing minor works such as shopfront and awning repair on a building in a heritage conservation area or on land on which there is a locally listed heritage item (but not the heritage item itself).

·    Standard development controls will be provided to manage impacts of parking, traffic, noise and hours of operation a building. 

·    Allow additional uses within change-of-use provisions that are common in neighbourhood and local centre zones.

·    Increasing seating allowances for complying food and drink premises from 50 to 100 seats (subject to the Building Code of Australia).

·    Removing additional parking and loading bay requirements for existing premises that are less than 500 m2 (where parking or loading is already absent or below development control plan requirements).

 

Key matters for submission

 

Where flexibility for the location of parking, click and collect facilities and other features is introduced for neighbourhood business centres and any other development, it should be supported by sufficient detail to ensure there are clear assessment criteria for safety, traffic, accessibility, and urban heat management.

 

Allowing additional land uses within more easily acceptable change of use provisions for neighbourhood business centres is generally supported, as it enables neighbourhood centres to quickly adapt to the changing conditions which have resulted from COVID 19. The assessment criteria for change of use must be carefully considered with respect to any significant variations in impact on local residents and adjoining business.


Data Centres: 

 

·    A new complying development pathway is proposed for data centres. The pathway would use the same built-form controls proposed for industrial and business zones, with additional technical provisions for cooling and backup power systems to manage noise, emissions and hazards.

·    A new definition for data centres would be added to the Standard Instrument—Principal Local Environmental Plan to support the complying development of data centres. They will be permitted in zones IN1, IN2, IN3, B5, B6, and B7.

·    Update Division 3 ‘Data Storage’ of the State Environmental Planning Policy (Infrastructure) 2007 to align with the proposed new definition for data centres.

·    The EP&A Regulation will be amended to require a noise compliance certificate for Data Centres.

 

 

 

 

Key matters for submission

 

The proposed amendments would acknowledge the importance of data centres as infrastructure supporting information networks. Information networks are essential for community resilience and providing economic and education opportunities. As with other infrastructure, the distribution of these facilities and related employment opportunities should be carefully considered to accommodate both the associated businesses and the users.

 

In determining the definition, it should also be noted that the scale disparities between data centres may be significant and some businesses require smaller on-site data centres. The EIE focuses on large-scale data centre development, so where data services infrastructure is desired at a smaller scale, the new definition must provide a clear distinction to ensure this remains feasible.

 

Scale disparities between compliant data centres and existing development may also be significant. This will require thoughtful management to ensure that data centres do not loom large over local landscapes, particularly where they may affect significant views, such as views to the Blue Mountains.

 

Circular Economy

 

Circular economy land uses are land uses which enable recycling and re-use of waste materials. The circular economy concept encourages a shift to maximising the possible uses of products by recycling materials in manufacturing, repairing household goods before buying new ones and repurposing items that we no longer use.

 

·    New facilities, such as neighbourhood repair cafes, Council-run drop off centres and swap shops, will be included as complying development to support small-scale circular economy infrastructure.  

·    Allow a secondary, supporting land use (ancillary use) in complying development sites where the site has access to a laneway or secondary or parallel road. Many circular economy uses occupy these spaces. 

·    Amendments to the EP&A regulation to clarify that certain circular economy land uses are not designated development. ’Designated Developments’ are high-impact developments (e.g. likely to generate pollution) or are located in or near an environmentally sensitive area (e.g. a wetland). Applications under the Codes SEPP cannot be made for Designated Development.

 

Key matters for submission

 

The proposition of controls intended to support development of Circular Economy uses is generally supported, as this aligns with Council’s broader strategic intentions for resilient and sustainable cities. However, particularly where controls are being set for Council-run facilities, it is essential that in-depth consultation with Council specialists occurs to ensure that complying development controls do not prevent the adaptability of these spaces and are not overly onerous.

 

Drop-off points for recyclable waste should be well located within the site and supervised to prevent dumping.

 

Traffic and parking management must be considered in detail, particularly where loading and unloading of vehicles takes place, given the potential for drop-off of goods and the need to maintain accessibility. 

 

New controls must be well-tested across multiple zones and contexts to ensure they do not create significant safety and traffic concerns.

 

Master Planning:

 

·    The introduction of a new master planning pathway.

·    The Department is proposing that local councils may choose to establish Master Plans, which set a strategic vision for certain land that may include town centres, industrial parks and business parks. The Department proposes that Councils would choose whether they want to opt-in to master-planning. CDC’s would need to align with the provisions of the approved master plan. The masterplan pathway would operate within existing business and industrial land use zones and LEP development standards.

·    The EP&A Regulation will be amended to ensure that a master plan for complying development must be endorsed by the council before the minister considers it.

·    The EP&A Regulation will also be amended to ensure specified documentation that must be submitted with a complying development application under a master plan for complying development.

·    A master plan will identify certain categories of development that can be complying development in a given area and prescribe the relevant standards and controls that apply for a development to be classified as complying development. Development consistent with a master plan can be fast-tracked as complying development, while noncompliant development will be considered through a development application.

·    If a master plan is not prepared, complying development will be considered through the current mechanisms under the Codes SEPP.

 

Key matters for submission

 

The Department should commence detailed consultation around the Draft Guideline for Complying Development Master Plans (provided as an attachment to the EIE) with Councils before the amendments are implemented, to ensure they are effective and that Councils have adequate time to integrate these processes into local strategic planning.

 

Further detail is specified in Council’s submission which is provided as Attachment 1 to this report.

 

b)   Agriculture Amendments

 

In March 2021, the Department proposed to simplify and streamline the planning process and approval pathways for small business activities, such as agritourism, and low-impact agricultural development on NSW farms. Council had no prior knowledge or consultation with DPIE regarding the proposed amendments.

 

On 24 March 2021, Councillors received a memo which included information about the proposed amendments. The proposed amendments were detailed in an Explanation of Intended Effect (EIE) which was publicly exhibited between 9 March 2021 to 19 April 2021. Due to the short timeframe to provide a response, Council officers reviewed the proposed amendments, and a preliminary submission was provided to DPIE on the basis that Council has the opportunity to provide a final submission, with any other matters raised as a result of this report.  A draft submission was submitted to DPIE, with a formal submission to be submitted subsequent to endorsement by Council. The submission is provided as Attachment 2.

 

The changes seek to respond to natural disasters such as droughts and bushfires, as well as impacts from COVID-19. They also deliver on actions in regional plans to enable opportunities for sustainable tourism, particularly regarding agritourism. Agritourism is a tourism-related experience or product that connects agricultural products, people or places with visitors on a farm or rural land for enjoyment, education, or to participate in activities and events.

 

The proposed changes are to the following instruments:

·    Standard Instrument (Local Environmental Plans) Order 2006

·    State Environmental Planning Policy (Primary Production and Rural Development) 2019

·    State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

The EIE details the proposed changes to make several amendments and introduce new controls.

The Department sought feedback on proposed amendments including:

•     supporting more farm stays by:

amending the existing definition of ‘farm stay accommodation’ in the Standard Instrument LEP Order, and

introducing an optional clause that councils can choose to adopt in their local plans to manage any impacts 

·    clarifying terminology and approval pathways used for farm dams

·    introducing two new land use terms in the Standard Instrument for farm gate activities and farm events to enable these types of development to be established

·    facilitating farm gate businesses by introducing:

a new definition for ‘farm gate activities’, and 

an optional clause that councils can choose to adopt in their local plans 

·    introducing fast-track approval pathways being exempt and complying development, for these types of agritourism, provided certain development standards are met 

·    allowing other low impact agricultural activities as exempt or complying development, such as small processing plants where certain development standards are met 

·    allowing the reconstruction of farm buildings and other structures as exempt development following natural disaster, where constructed to the same size, location and contemporary building standards.

·    making minor changes to existing planning controls to make them more effective, such as increasing the separation required for rural dwellings from intensive livestock agriculture, if carried out as complying development.

·    updating and rationalising existing controls for stock containment lots to reflect current practice and ensure stock containment areas used temporarily, such as during drought, do not impact negatively on surrounding uses.

·    providing an exempt development pathway for recreational beekeeping to improve certainty.

 

 

 

Review of proposal and key matters for submission

 

Council officers have undertaken a review of the EIE and the contextual appropriateness of the proposed amendments in the Penrith Local Government Area. Whilst it is acknowledged that the EIE does, to some level, address some of the minor matters, it is the view of officers that it does not deliver suitable or low impact planning outcomes for Penrith’s rural community. It is considered that there are inconsistencies between the proposed agritourism uses and the objectives of the ‘Metropolitan Rural Area’ (MRA). These inconsistencies are detailed within Council’s submission.

 

The Greater Sydney Region Plan and Western City District Plan includes objectives and strategies to protect scenic and cultural landscapes and to protect and enhance the environmental, social and economic values of the MRA. In alignment with the Greater Sydney Commissions strategic (GSC) intent, a key priority is to protect Penrith’s rural landscapes and activities. Extensive open space areas, the backdrop of the Blue Mountains escarpment and access to fresh local food and farm produce are key values held by our community. The agricultural activities and use of rural lands make a valuable contribution to the Western City District's economy through employment, tourism, and agricultural production. 

 

Notwithstanding the above, the EIE explicitly states that the amendments are proposed to better support farming businesses, rural/regional areas and support the recovery and resilience of regional communities. Outside of rural villages, most private land in the Penrith MRA is peri-urban, located within 30 km of Penrith City Centre. Agricultural activity is small scale on this land, despite its rural characteristics (compared to NSW regional and rural areas). The MRA's private land in Penrith usually consists of highly fragmented lots, with many under 5 hectares. There is potential for cumulative negative impacts on smaller landholdings, particularly if the proposed agritourism amendments are encouraged concurrently. Officers consider that additional clarification and specification should be provided on the definition of ‘farm’.

 

Penrith’s rural lands serve as locations for residents to enjoy a rural setting and lifestyle amongst bushland, farms/hobby farms and other rural industries while being in close proximity to urban amenities. These areas offer both the cosmopolitan and cultural lifestyles of a city and the casual character of a rural community. The attributes of private lands, such as biodiversity, cultural landscapes, scenic values, and heritage, have social and environmental values to the communities that are not fully reflected in economic values proposed for individual properties by the amendments.

 

It is anticipated that increased noise, pollution, and traffic movements generated by amplified agritourism activities are likely to negatively impact visual and acoustic amenity. Officers raise concerns of compliance issues surrounding the application of the proposed exempt and complying controls. These amendments would be better suited and have lower impacts to land outside of metropolitan Sydney.

 

Agritourism land use term is generally supported and its location as a sub term of Agriculture; however, it is not supported for the term being automatically permissible where Agriculture currently applies. It is recommended that agritourism be prohibited until Council has time to consider the final amendments and potentially consider the permissibility in a future Planning Proposal.

 

Further detail is provided in Council’s submission which is attached to this report.

 

 

 

c)   Review of Clause 4.6 Exceptions to development standards

 

The Department has recently exhibited an EIE on proposed amendments to clause 4.6 of the Standard Instrument Local Environmental Plan (SI LEP).  The EIE sought feedback on how to improve the way this clause operates and provide certainty to councils and industry. Clause 4.6 allows a consent authority, including Council, to vary a development standard in the exceptional circumstance where a proposed development does not meet the standard but is able to achieve the underlying purpose of that standard. 

 

Councillors received a memo advising of the exhibition on 23 April 2021, and were briefed on the matter on 17 May 2021. As the exhibition period concluded on 12 May 2021, Council officers undertook a review of the proposed amendments and provided a preliminary submission to the Department based on the matters in this report and on the agreement that Council has the opportunity to provide a final submission, with any other matters raised following Council’s consideration. 

 

The Department has indicated that the review of clause 4.6 is in response to feedback from councils and industry stakeholders indicating there are several issues with how clause 4.6 has been interpreted over time.  It is suggested that this has resulted in an overly complicated and unclear application of clause 4.6, which has contributed to delays and cost burdens for applicants and councils in the development application process and resourcing implications for councils and the courts.  A recent NSW Independent Commission Against Corruption (ICAC) Inquiry also highlighted concerns that varying development standards can dilute transparency in the planning system and subsequently open up opportunities for corruption.  In addition to the proposed clause 4.6 amendments, the EIE also sought feedback on proposed measures to increase transparency, accountability and probity.

 

While the Department has requested feedback on how to improve clause 4.6, it is proposed to take the opportunity to question the assumption that clause 4.6 should remain in LEPs.

 

The EIE states that “it is generally recognised that rigid adherence to pre-determined development standards can sometimes lead to an inferior result” and therefore, there needs to be a mechanism to allow variations to development standards.  However, there is no evidence provided from either council audits or reviews to confirm this is the case.

 

To achieve better planning outcomes, it is fundamental that the standards in LEPs are informed by good strategic planning, informed by documents like Local Strategic Planning Statements, rather than rely on clause 4.6 applications.  The experience of Council officers is that frequently clause 4.6 applications attempting to demonstrate that compliance with a development standard would produce a worse planning outcome, provide a selective application of one development standard without responding to all applicable standards and controls relating to the development.  Applications should demonstrate, holistically, better planning outcomes without trading one standard or consideration against another.

 

A preferred approach to clause 4.6 would be to write variation sub-clauses into relevant LEP provisions to achieve improved planning outcomes.  If a development standard is inconsistent with the desired planning outcome, then it is appropriate the LEP is amended, as part of a periodic review and update, which includes setting clear objectives for development standards.

 

It is also worth noting that the current Planning Proposal framework allows proponents for individual sites to lodge site-specific rezonings and/or major development standard variations. This effectively replaces the application of clause 4.6 as a mechanism for major development standard variation outcomes.

 

Proposed clause 4.6 amendments in EIE:

 

Revised test for variations: 

Under the proposed clause 4.6, the consent authority must be directly satisfied that the applicant’s written request demonstrates the following essential criteria in order to vary a development standard:

·    the proposed development is consistent with the objectives of the relevant development standard and land use zone; and 

·    the contravention will result in an improved planning outcome when compared with what would have been achieved if the development standard was not contravened. In deciding whether a contravention of a development standard will result in an improved planning outcome, the consent authority is to consider the public interest, environmental outcomes, social outcomes and economic outcomes.

 

The Department may also include an alternative test for situations where the variation is so minor that it is difficult to demonstrate an improved planning outcome, but the variation is appropriate in the circumstances because its impact is negligible.

 

Key matters proposed to be raised in submission:

·    Support the intention and essential criteria of proposed clause 4.6, including the requirement to consider the public interest, environmental outcomes, social outcomes and economic outcomes.

·    In relation to the alternative test for minor variations, express our preference for a maximum numeric limit to define the scale of the variation.

 

Removal of exclusions:

Currently under clause 4.6(8), variations cannot be made to certain provisions including:

·    development standards relating to complying development;

·    development standards containing BASIX requirements;

·    development standards in clause 5.4 which control the size and scale of certain permissible uses; e.g. home industries, industrial retail outlets, neighbourhood shops and roadside stalls; and

·    development standards in some other local provisions, e.g. standards relating to minimum lot sizes for dwellings and development at Sydney Science Park and Penrith Panthers.

 

It is proposed that councils will no longer be able to exclude provisions from the operation of clause 4.6.  A transitional period is proposed so that current exclusions in clause 4.6(8) will continue to apply for a period of one year from commencement of the new clause.  The transitional period is intended to provide councils with the opportunity to review development standards and related objectives and progress planning proposals, if necessary.

 

The only exclusions to clause 4.6 that will remain are development standards relating to complying development and standards containing BASIX requirements.

 

Key matters proposed to be raised in submission:

·    Council currently excludes provisions in its LEP from operating under clause 4.6 for specific planning-based outcomes, and therefore does not support the removal of exclusions as outlined below:

Clause 5.4 – the development standards in this clause control the size and scale of certain permissible land uses, which are generally ancillary to either the principal use of the land (e.g. a home business or home industry on a residential property) or in a location that supports the primary uses in the zone (e.g. neighbourhood shop providing for the day-to-day needs of the people who live in a residential area).  The ability to vary these standards should not be allowed to ensure the character and amenity of these areas is protected and certainty is provided.  If clause 5.4 is removed, the definitions of these uses should be reviewed to reflect their size and scale, noting that the definition of these uses currently refers to clause 5.4.

Clauses 7.7 and 7.17 – the development standards in these clauses generally relate to minimum lot sizes for dwellings in rural areas that are not connected to a reticulated sewerage system.  Allowing these standards to be varied could potentially lead to poor environmental outcomes, particularly on a cumulative basis.  Clause 4.6 may be used to justify a variation on an individual basis but does not take into account the cumulative impact of varying these standards.

Clauses 7.21, 7.24 and Part 9 – the development standards in these clauses seek to manage the form, density and scale of development at Twin Creeks, Sydney Science Park and Penrith Panthers.  The ability to vary these standards should not be allowed to ensure the nature of development intended in these areas is maintained.

Clause 8.4(5) – the development standards in this clause relate to floor space ratios and building heights in the Penrith City Centre.  This exclusion was recently added to clause 4.6, as part of the Phase 1 review of Penrith LEP 2010 and sought to prevent a development from seeking a variation to a standard more than once if that development was already seeking a variation allowed by the design excellence provisions in clause 8.4.  For this reason, the removal of this exclusion is opposed.

·    Support the removal of exclusions relating to clauses 6.1 and 6.2.  These clauses relate to the provision of State public infrastructure and public utility infrastructure in urban release areas and operate as either a precondition to consent or a prohibition.

·    Raise concerns that the removal of exclusions may have resourcing implications for Council because more clause 4.6 applications could be submitted requiring more variation assessments.

 

Other measures to support clause 4.6:

 

Increased reporting requirements and a new monitoring and auditing framework:

Currently under clause 4.6(7), Council is required to keep a record of certain information relating to the assessment of clause 4.6 applications.  To promote transparency, it is proposed that the existing reporting requirements be strengthened by requiring councils to publicly publish their reasons for granting or refusing a clause 4.6 application on the NSW Planning Portal.  This is to allow for improved analysis of the volume and nature of variations including any trends or issues that might emerge and to reduce the risk of corruption by increasing the threat of detection.  The reporting requirements will be addressed through an amendment to the Environmental Planning and Assessment Regulation 2000. 

 

The Department also proposes to implement a monitoring and auditing framework based on information provided by councils through the NSW Planning Portal.

 

Key matters proposed to be raised in submission:

·    Support the Department obtaining the necessary information provided by councils through the Planning Portal.  This will reduce an already significant reporting impost.

 

 

Guidance material:

The Department proposes to release guidance material to support the new clause 4.6 and is seeking feedback on the type of guidance material needed.

 

Key matters proposed to be raised in submission:

·    Support guidance and training for councils on what is a development standard and how to interpret and apply the new clause 4.6 including guidance on what is an ‘improved planning outcome’ and improved for whom.

 

Provisions and procedures to be retained:

 

Rural subdivision:

Currently, clause 4.6(6) does not allow a variation to be considered for the subdivision of land in Rural and Environmental Zones if the subdivision will result in two or more lots of less than the minimum area required; or at least one lot that is less than 90% of the minimum area required.  The intent of this provision is to minimise land fragmentation.  No changes are proposed to this part of clause 4.6.

 

Role of Local Planning Panel:

Currently, the Local Planning Panel determines applications involving development that contravenes a development standard by more than 10% or non-numerical standards.  This will continue to apply.

 

Key matters proposed to be raised in submission:

·    Support the retention of these provisions and procedures.

 

The proposed final submission to the Department on the review of clause 4.6 is included in Attachment 3 for Council’s consideration and endorsement.

 

Representations to Local Government NSW

 

Whilst Council supports reform, there are concerns regarding the amount of reform and the lack of genuine engagement with Council. Therefore, the General Managers of the City Deal Councils are in the process of writing to LGNSW seeking its support in meeting with DPIE on behalf of the council’s given the extent of the State policy reform program. The letter is requesting that DPIE focus greater on building better relationships around future policy changes by providing councils greater notice on upcoming new policy, more time to provide considered responses and greater powers for councils to shape strategic planning policy that represents the views of its communities.

 

Next Steps

 

1.   A final submission as endorsed or amended by Council will be provided to the Department of Planning.

2.   Continue to engage with DPIE on planning reforms.

 

Council officers will keep assessing the impacts of the planning reforms on Council policies and make submissions where necessary in the future.

 

Financial Implications

 

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

Risk Implications

There are no risk foreseen risk implications associated with this report.

Conclusion

The Department has been undertaking a program of planning reforms and a number of these have been recently exhibited for Councils feedback. The proposed reforms have the potential to have significant impact to the future our rural, industrial and commercial precincts, and the assessment of development applications. These reforms are challenging in terms of implementing responses and reporting/status and update demands expected by rapidly expanding Department.

RECOMMENDATION

That:

1.     The information contained in the report on Submissions to Various State Government Planning Reform Matters on Exhibition be received.

2.     Council endorse the attached submissions to be forwarded to the Department of Planning, Industry and Environment for their consideration.

 

 

ATTACHMENTS/APPENDICES

1.

Final Submission on the Planning Amendments for Building Business Back Better

5 Pages

Attachments Included

2.

Final Submission on the Planning Amendments for Agritourism and small-scale agriculture

5 Pages

Attachments Included

3.

Final Submission on the Review of Clause 4.6 Exceptions to development standards

3 Pages

Attachments Included

   


 

 

 

 

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Outcome 3 - We can get around the City

 

 

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


 

 

 

 

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Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                       Page

 

5        RFT20/21-27 Harold Corr Athletics Track Upgrade                                                        41

 

 

 



Ordinary Meeting                                                                                                    24 May 2021

 

 

 

5

RFT20/21-27 Harold Corr Athletics Track Upgrade   

 

Compiled by:               Marco De Stefanis, Major Projects Coordinator

Authorised by:            Michael Jackson, Design and Projects Manager

Brian Steffen, Director - City Services  

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

Plan and deliver Council's major capital projects for public spaces

      

 

Executive Summary

The Tender reference RFT 20/21-27, for the construction of Harold Corr Athletics Track Upgrade, was advertised through Apet360 on 30th March 2021. The Tender closed on 28th April 2021.

Once upgraded, the Harold Corr Athletics Track will provide a new all-weather IAAF certified synthetic athletics track and supporting field events area for local sport groups.

This report advises Council of the outcome of the tender evaluation process and recommends that the tender received from Polytan Asia Pacific Pty Ltd be accepted for the full scope of works outlined in RFT 20/21-27 for the construction of Harold Corr Athletics Track Upgrade for the amount of $3,920,020.00 (excluding GST).

Background and Strategic Alignment

Under the Penrith Sporting Infrastructure Program 2019-2023, local infrastructure projects have been identified across the city that will improve access, utilisation and amenity for sporting participants and spectators. Six projects have been funded under the 2019 NSW Government Election Commitments; Harold Corr Athletics Track Upgrade is one of them.

This Project will also: 

•     Increase participation opportunities in sport and active recreation. 

·    Improve the standard of existing sport infrastructure and develop new sporting infrastructure. 

•     Enable increased capacity for diverse sporting programs at a local/regional/state level.  

•     Align with Council’s strategic and corporate directions and provide community benefit.

 

The project will contribute to achieving Sport Australia’s, ‘Sport 2030’ Plan priorities including ‘building a more active Australia’.

This project also aligns with other key focuses of the state such as: tackling Childhood Obesity Delivery Program (assist in reaching the premiers target to reduce the rate of overweight and obesity in NSW children by 5%) and reducing barriers to participation.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Tim Whiticker - Community Facilities and Recreation Planning & Projects Officer, Marco De Stefanis – Major Projects Coordinator and was chaired by Wasique Mohyuddin – Delivery Programme Manager. Laura Stott – Procurement Business Partner assumed the role of Tender Administrator and Probity Officer.

The evaluation criteria advertised and used in assessing the tender received included the following:

•     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

The full list of the tenders received is detailed below in price order:

Company

Tendered price

Company Location

Directors

Turf One Pty Ltd

$ 3,692,935

89 Simcock Avenue
Spotswood VIC 3015

Geethaka Kumbalatara

Polytan Asia Pacific Pty Ltd

$ 3,920,020

Factory 2, Dunlopillo Drive
Dandenong South VIC 3175

Rob Kirkwood

Tuff Group

$ 4,044,881

58-60 Sunmore Close
Melbourne VIC 3202

Fraser Gehrig

North Shore Paving Co Pty Ltd

$5,547,392

16 Moore Avenue
Lindfield West NSW 2070

Ivan S.G. Tarjan

Evaluation of the Preferred Tender

The tender received from Polytan Asia Pacific 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, Polytan Asia Pacific Pty Ltd, was selected based on their:

 

1)   Compliance with the tender evaluation criteria,

2)   Demonstrated ability to meet Council’s requirements,

3)   Extensive experience in delivering athletics tracks; and

4)   Competitive price for the services offered.

 

Clarifications were requested to Polytan Asia Pacific Pty Ltd prior to finalising the committee’s recommendation to provide further assurance of environmental management. These clarifications are factored into the tender evaluation and do not represent a risk to project budget.

 

On assessment, Turf One Pty Ltd (lowest price) provided references to two recently constructed synthetic athletics track. On the other hand, Polytan Asia Pacific Pty Ltd provided references to three tracks completed during the past 3 years.

 

The Harold Corr Athletics Track shall be compliant with IAAF standards. Polytan was the only tenderer to present copies of previously certified tracks. The committee agreed that this provides a higher level of confidence, in Polytan Asia Pacific Pty Ltd, to deliver a fully compliant track and that the tenderer, is familiar in managing the process with the IAAF.

 

Furthermore, Polytan Asia Pacific Pty Ltd is currently constructing four athletics tracks (to be completed in 2021), comparable to the Harold Corr one. The company also provided an extensive record of more than 50 sport facilities built in Australia in the past 15 years.

 

Qualifications and experience of the proposed personnel from Turf One Pty Ltd were not as detailed as those provided by Polytan Asia Pacific Pty Ltd. The recommended company provided roles and responsibilities within its structure and the individuals selected to deliver the project.

 

As a result, Polytan Asia Pacific Pty Ltd was considered more experienced/capable and scored higher than Turf One Pty Ltd on Demonstrated ability. Overall, Polytan Asia Pacific Pty Ltd was the top score regarding non-price criteria amongst all tenderers received.

 

Following the detailed assessment, the offer from Polytan Asia Pacific Pty Ltd was selected due to best non-price score and second-best price score among the offers received.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, industry analysis, financial analysis, and performance analysis on Polytan Asia Pacific Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd.  Financial Services have reviewed the financial information provided and have not identified any reason why the contract should not be awarded.  The total tendered price by Polytan Asia Pacific Pty Ltd of $3,920,020 (excluding GST) is within the available budget.

 

Funding for the proposed construction works will be covered by Penrith Sporting Infrastructure - 2019 Election Commitments, Section 7.11 District Open Space and Telecommunication Access Fund Contributions.

 

The maintenance and operational requirements of the upgraded facilities will be reflected in Council’s future asset maintenance budgets and asset renewal programs as per Council’s Budget Guidelines.

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 and Projects team about the background and the process followed.

The TAG considered the recommendations in relation to the tender for the Construction of RFT20/21-27 Harold Corr Athletics Track Upgrade noting that, while the recommended tender was not the lowest price, the company has demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council.

The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

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

Conclusion

The Tender Evaluation Committee is of the opinion that Polytan Asia Pacific Pty Ltd provided the most advantageous tender and it is recommended that the Company be awarded the contract for the sum of $3,920,020 excluding GST.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT20/21-27 Harold Corr Athletics Track Upgrade be received

2.     Polytan Asia Pacific Pty Ltd be awarded the contract subject to the execution of a formal agreement for the RFT20/21-27 Harold Corr Athletics Track Upgrade, Cambridge Park, for an amount of $3,920,020 excluding GST.

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 5 - We care about our environment

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 6 - We are healthy and share strong community spirit

 

Item                                                                                                                                       Page

 

6        RFT 20/21-25 Landscape Construction for Regatta Park                                               49

 

 

 



Ordinary Meeting                                                                                                    24 May 2021

 

 

 

6

RFT 20/21-25 Landscape Construction for Regatta Park    

 

Compiled by:               Mudassar Fayyaz, 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 and deliver Council's major capital projects for open space and recreation

      

 

Executive Summary

Tender reference RFT20/21-25 Regatta Park Landscape Construction was advertised online through Apet360 on 2nd March 2021. The tender closed on 20th April 2021.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Glascott Landscape & Civil Pty Ltd for the full scope of works outlined in RFT20/21-25 Regatta Park Landscape Construction be accepted for the amount of $8,687,902.82 (excluding GST).

Background

In 2013 Council adopted “Our River Masterplan” which outlines a bold vision for the Regatta Park precinct at Emu Plains. Currently the park is bisected into east and west corridors by River Rd and “Our River Masterplan” identifies the opportunity to realign River Road to better integrate two parts of the park.

 

In 2016 a detailed Landscape Master Plan (DLMP) was prepared for “our River” precinct, including Regatta Park. The DLMP sets the framework for community recreational opportunities with more contemporary facilities on the river foreshores. It also provides the next level of detail to create more usable space for the community entertainment and better connected and accessible shared paths.

 

Under the Western Sydney City Deal’s Liveability Program, $24 million has been committed for the upgrade of Regatta Park. The Federal and NSW Governments have committed $15 million to the project, with a $9 million contribution from Penrith City Council with a targeted completion date of 30th December 2022.

 

This Landscape Construction Project would deliver the upgraded park with contemporary facilities including BBQs, picnic areas, playgrounds, waterplay, river decks and improved sitting areas. The project, when completed would provide an opportunity for the community to enjoy the river vistas in well integrated environment with multiuse lawn, accessible walking paths, exercise station and improved parking spaces.

 

A centrally located kiosk and new amenities building at top of the bank close to parking and kids play areas are also included as project deliverables. The commercial kiosk and parking facility for the former Police Cottage (future fine dining restaurant) are part of this project but not funded through the Liveability Fund and are being developed using a separate funding source from Council’s Property Reserve.

 

 

Tender Evaluation Process

The Tender Evaluation Committee consisted of Victoria Patterson - Landscape Architect, Mudassar Fayyaz - Major Projects Coordinator, Wasique Mohyuddin - Delivery Program Manager and was chaired by Michael Jackson - Design and Projects Manager. The Tender Evaluation Committee was supported by Procurement Business Partner - Allyce Langton.

 

The evaluation criteria advertised and used in assessing the tenders received included the following:

 

·    Business References

·    Demonstrated Ability

·    Project Appreciation

·    Works Method and Program

·    Financials

·    Employment Policies and details (Direct labour and Sub Contractors)

·    Local Business Preference

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health & Safety

·    Value for money

 

Initial Tender Review

A full listing of the tenders received is detailed below in price order (ex GST).

Company

Lump Sum Tendered Price

Company Address

Directors

Glascott Landscape & Civil Pty Ltd

$8,687,902.82

Level 1, 7-9 Orion Road Lane Cove NSW 2066

James Brown

Greater West Landscapes Pty Ltd

$8,981,517.95

175 Cranebrook Road, Cranebrook NSW 2749

Simon Coco

RMA Contracting Pty Ltd

$11,714,738.17

12/6-20 Braidwood Street

Strathfield South NSW 2136

Andrew Mayes

Growth Civil Landscapes Pty Ltd

$12,789,272.50

60 Oak Road, Kirrawee NSW 2232

Glenn Simpson

N. Moit & Sons (NSW) Pty Ltd

$13,071,401.00

142 Wicks Road, Macquarie Park NSW 2113

Sam Ghanbari

Paramount Landscaping Pty Ltd t/a Daracon Landscaping

Non-Compliant

Po Box 401 Beresfield NSW 2322

Lauren Lee Coates

 

The tender submitted by Paramount Landscaping Pty Ltd t/a Daracon Landscaping has been considered as non-conforming by the Tender Evaluation Committee as they didn’t provide a firm price to deliver the project scope included in RFT20/21-25 Regatta Park Landscape Construction and the tender was not assessed during the tender evaluation process.

 

The other five 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 assumptions to determine the best value for money solution with competency in technical aspects of the tender.

 

The tender review panel then focussed on the tenders provided by Glascott Landscape & Civil Pty Ltd and Greater West Landscapes Pty Ltd, as their submissions were considered as providing best value for money among all five submissions and sought further clarification with both tenderers on their tender assumptions and exclusions.

Evaluation of the Preferred Tender

Following an initial assessment and after reviewing clarifications on tender assumptions from Glascott Landscape & Civil Pty Ltd and Greater West Landscapes Pty Ltd, Glascott Landscape & Civil Pty Ltd was considered the preferred tenderer and their proposal has the highest effectiveness score among the five conforming tenders.

 

The recommended company, Glascott Landscape & Civil Pty Ltd was selected based on their:

1)       Compliance with the tender evaluation criteria,

2)       Demonstrated ability to meet Council’s requirements

3)       Lowest price for the services offered; and

4)       Highest overall effectiveness

 

The Tender Evaluation Committee thoroughly reviewed the information provided pertaining to past experience of the proposed tenderer and conducted reference checks. Glascott Landscape & Civil Pty Ltd has delivered several projects of similar scale and nature for other Councils. They have demonstrated a comprehensive understanding of the project scope and 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, financial analysis, and performance analysis on Glascott Landscape & Civil Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd.  Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded.

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, Lana Axford – Supply Coordinator Financial Services and Neil Farquharson – Financial Services Manager were briefed by the Design and Projects team about the background and the process followed.

The TAG considered the recommendations in relation to the tender RFT20/21-25 Regatta Park Landscape Construction noting that the recommended tender is providing the best value for money. 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 principles and as per approved design and specifications.

Certain sections of the park will be closed for any public use during the construction phase, but a staged approach has been adopted for the project delivery to minimise impacts on park users.

Conclusion

The Tender Evaluation Committee is of the opinion that Glascott Landscape & Civil Pty Ltd provided the most advantageous tender and it is recommended that the Company be awarded the contract for a sum of $8,687,902.82 excluding GST.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT 20/21-25 Landscape Construction for Regatta Park be received

2.     Glascott Landscape & Civil Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the RFT20/21-25 Regatta Park Landscape Construction for an amount of $8,687,902.82 excluding GST

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

 

7        Tender RCL 202101 - Residential Builder Partnering Panel                                           55

 

8        The Straight Road Mulgoa - Permanent Partial Road Closure                                       60

 

9        Acceptance of Grant funding - Greater Sydney Crown Land Open Space Activation Program and categorisation of Crown Reserves                                                             66

 

10      Acceptance of Grant Funding - NSW Public Spaces Legacy Program, City Park         74

 

11      Organisational Financial Review - March 2021                                                               76

 

12      Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2021-2022                                                                                                                        82

 

13      Summary of Investment & Banking for the Period 1 April 2021 to 30 April 2021           86

 

 

 

 

 

 



Ordinary Meeting                                                                                                    24 May 2021

 

 

 

7

Tender RCL 202101 - Residential Builder Partnering Panel   

 

Compiled by:               Karen Luka, Senior Development Manager

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

Realise the potential of land and property assets by focusing on operational and commercial sustainability of Council’s Property Portfolio

 

Previous Items:           Erskine Park - Urban Reinvestment Project EKURP - Councillor Briefing - 01 Jun 2020  

 

Executive Summary

Tender reference RCL 202101 – Residential Builder Partnering Panel was advertised online through Apet360 on 17 Feb 2021. The tender closed on 17 March 2021.

 

This report advises Council of the outcome of the tender evaluation process and recommends the establishment of a Recognised Contractor List (RCL) of pre-qualified residential building and construction firms operating in the residential construction sector for a three (3) year period with two (2) x one (1) year extension options.

The following respondents are recommended for appointment to the RCL:

1.   Beechwood Homes Constructions Pty Limited

2.   Simonds Homes NSW Pty Ltd

3.   Eden Brae Holdings Pty Limited

4.   Hudson Homes Pty Ltd

5.   The Trustee for Metricon Homes Unit Trust

Background

Council has been working to establish and foster partnerships with the development industry to achieve better development outcomes for Council projects. This RCL has been developed primarily in response to the requirements of the Erskine Park Urban Reinvestment project.

 

This project will deliver approximately 16 residential lots to market and enable delivery of residential built form outcomes that will showcase a diverse range of new housing options, including single residential, dual living or dual occupancy homesites in the suburb.  The dwellings will be delivered through a working partnership with the residential builder appointed following a future select tender, utilising the RCL. 

 

It is anticipated that other residential development projects could emerge over the life of the RCL, that would benefit from utilising this established residential industry panel.

 

The RCL will be used to procure services for Builder Partnering opportunities for construction of residential dwellings including house and land packages, on land owned by Penrith City Council, for:

(a)        Single low-density residential building developments where Council is the developer and the head contract value is less than $20m.

(b)        Multi low density residential building developments where Council is the developer and the head contract value is less than $20m.

The RCL is proposed to be established for a three (3) year period with two (2) x one (1) year extension options. The establishment of an RCL enables select tenders to be called where future procurement is estimated to cost $250,000 (GST inclusive) or greater. Select tenders are then subject to future consideration and resolution of Council. 

The benefits incurred from establishing the pre-qualified panel includes:

·    Time and cost efficiencies to project delivery,

·    The ability to call for select tenders from companies with specific skill sets and experience in delivering the required services,

·    Improved estimating of services costs,

·    Achieve efficiencies in procurement and resourcing, and

·    Efficiencies in select tender process for industry partners

 

Tender Evaluation Process

The tender evaluation panel met on the 31 March 2021 and consisted of Julie Connell - Property Program Manager (Chair), Karen Luka - Senior Development Manager, Rebecca Marshall - Senior Development Manager and Laura Gray - Property Project Officer. Laura Stott, Procurement Business Partner, coordinated and managed the tender and evaluation process.

 

The evaluation criteria detailed in the tender document and used to in the assessment process included the following:

·    Demonstrated ability

·    Task appreciation and methodology criterion

·    Value adding criterion

·    Schedule of rates

·    Local preference policy

·    Quality assurance systems

·    Work, health, and safety

Initial Tender Review

 

The full list of tenders received is detailed below. A total of ten (10) submissions were received.

Company

Company Address

Directors

BEECHWOOD HOMES CONSTRUCTIONS PTY LTD

Unit 2, 25-27 Redfern St

Wetherill Park NSW 2164

CAVASINNI, Vittorio CAVASINNI, Agostino

SIMONDS HOMES NSW PTY LTD

Level 4, 570 St Kilda Road Melbourne VIC 3004

 

SIMONDS, Rhett SIMONDS, Mark Gary

MYERS, Michael Leo

SIMONDS, Vallence Gary

EDEN BRAE HOLDINGS PTY LTD

Level 3, 22 Brookhollow Ave Norwest NSW 2153

WILSON, Adam Barry SYMONS, Todd UPTON, Michael UPTON, Belinda Louise

The Trustee for METRICON HOMES UNIT TRUST

 

501 Blackburn Road

Mount Waverley VIC 3149

BIASIN, Jason Berin

BIASIN, Marion Vittorio

SEREBRO, Selwyn Ashley

PALAZZESI, Ross

LANGFELDER, Peter Evan

HUDSON HOMES PTY LTD

Level 2, 85 George Street Parramatta NSW 2150

ASSABGY, Danny

TENON AUS PTY LTD

2 Sammut Street

Smithfield NSW 2164

JAWARO, Zaya

CREATION HOMES (NSW) PTY. LTD.

Suite 3, 46 Brookhollow Dr Baulkham Hills NSW 2153

HARTMAN, Luke Christian CRONIN, Damien SYMONDS, Morris LOEWENSOHN, Trevor PLATUS, Paul Anthony GREEN, Phillip Hartley GREEN, Vivien Helen PEPPER, Camille Anne PEPPER, Todd Bradley LOEWENSOHN, Trevor LOEWENSOHN, Susan Fay

OSCAR DESIGN & CONSTRUCTION PTY. LIMITED

Suite 306, 4 Columbia Court Norwest NSW 2153

ELHEN, Greg

EXCLUSIVE HOMES PTY LTD

Suite 4 -18A, Unit 4, Level 5, Celebration Drive,             Bella Vista NSW 2153

JREIJ, Robert NASRALLAH, Nagib

CANA CONSTRUCTION PTY LTD

11 Caloola Road, Constitution Hill NSW 2145

LEBNAN, Anthony

 

Evaluation of Proposals

 

All ten (10) respondents were included in the tender evaluation process and assessed against the evaluation criteria, with responses evaluated with a score from 0-4. Five of the 10 respondents were considered suitable to being placed on the RCL due to their:

 

1)   Compliance with the tender evaluation criteria,

2)   Demonstrated ability to meet Council’s requirements,

3)   Extensive experience in house and land packages.

 

The collective evaluation assessed the following respondents suitable for appointment to the RCL:

 

1.   Beechwood Homes Constructions Pty Limited

2.   Simonds Homes NSW Pty Ltd

3.   Eden Brae Holdings Pty Limited

4.   Hudson Homes Pty Ltd

5.   The Trustee for Metricon Homes Unit Trust

On evaluation, each of the respondents extensively demonstrated an ability to deliver house and land packages of the type and scale required, an ability to value add to the process along with well demonstrated experience in both large and small scale projects to satisfy the proposed delivery model.  

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 Andrew Moore – Director Corporate Services, Glenn McCarthy - Governance Manager, Lana Axford – Supply Coordinator Financial Services and Neil Farquharson – Financial Services Manager were briefed by the Property Development Team about the background and the process followed.

The TAG considered the recommendations in relation to the tender RCL 202101 – Residential Builder Partnering Panel noting that the respondents recommended to be placed on the RCL have demonstrated the ability to meet Council’s requirements. 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 for appointment to the RCL.

 

Financial Implications

This report seeks to establish a Recognised Contractor List (RCL) of pre-qualified residential building and construction firms operating in the residential construction sector. The RCL will be used to procure services for Builder Partnering opportunities to construct residential dwellings on land owned by Penrith City Council for a three (3) year contract term. Financial benefits of forming this panel include improved estimation of project costing, efficiencies in procurement, and overall time and cost efficiencies for final project delivery.

Risk Implications

The risk incurred by Council in establishing the RCL 202101 panel for Builder Partnering is low.

Conclusion

 

The Recognised Contractor List (RCL 202101) of pre-qualified residential building and construction firms operating in the residential construction sector will be used to procure services for Builder Partnering opportunities to construct residential dwelling on land owned by Penrith City Council for a three (3) year contract term with two (2) x one (1) year extension options.

This establishment of the panel will enable select tenders to be called where the services are estimated to cost $250,000 (GST inclusive) or greater, which will remain the subject of future Council reports for determination.

The Tender Evaluation Committee is of the opinion that the following respondents have demonstrated their ability to meet Council’s requirements and should be placed on the RCL:

1.   Beechwood Homes Constructions Pty Limited

2.   Simonds Homes NSW Pty Ltd

3.   Eden Brae Holdings Pty Limited

4.   Hudson Homes Pty Ltd

5.   The Trustee for Metricon Homes Unit Trust

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender RCL 202101 - Residential Builder Partnering Panel be received.

2.     The Recognised Contractor List be established for the provision of the following construction project types for a three (3) year term with two (2) x one (1) year extension options:

(a)  Single low-density residential building developments where Council is the developer and the head contract value is less than $20m.

(b)  Multi low density residential building developments where Council is the developer and the head contract value is less than $20m.

3.     Council appoint the following firms to the RCL panel:

i.    Beechwood Homes Constructions Pty Limited

ii.    Simonds Homes NSW Pty Ltd

iii.   Eden Brae Holdings Pty Limited

iv.  Hudson Homes Pty Ltd

v.   The Trustee for Metricon Homes Unit Trust

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting                                                                                                    24 May 2021

 

 

 

8

The Straight Road Mulgoa - Permanent Partial Road Closure   

 

Compiled by:               Laura Gray, Property Project Officer

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

Provide property services and manage community and commercial requests for the use of Council owned or controlled land

 

Previous Items:           Report and Recommendations of the Local Traffic Commitee Meeting held on 7 December 2020 - Ordinary Meeting - 14 Dec 2020

 

Executive Summary

This report seeks Council’s approval to proceed with the permanent road closure of part of The Straight Road Mulgoa, to facilitate the redevelopment of the Mulgoa Rural Fire Service (RFS) Station. The Straight Road is a local road providing access to residential properties, with connections to Mulgoa Road. 

Support for the proposed road closure has been provided by the Local Traffic Committee with notification to affected landowners and occupiers in the vicinity as well as government and statutory authorities. No community objections to the proposed closure have been received.  Upon closure, it is proposed that the land be vested in Council and classified as “Operational Land” under the provisions of the Local Government Act 1993 (NSW).

Background

The proposal to redevelop the RFS station at Mulgoa commenced in 2016, after the building was structurally compromised following a severe storm event.  NSW State Government Funding of $1.2 million was received to facilitate the upgrade.

The proposed redevelopment will reconfigure the existing outdated RFS facility to provide for a contemporary fit-out, improved circulation and access arrangements.  The proposed new building footprint substantially encroaches over part of the adjoining public road known as The Straight. To facilitate this redevelopment, the closure of this section of The Straight is required. Existing and proposed site plans are showed in appendix 1 and 2).

 

The Straight Road is a local road providing access to residential properties, with connections to Mulgoa Road south of the fire station (via Allan Road), as well as to the immediate north of the fire station opposite Fairlight Rd. A location plan is shown in appendix 3.

Council at its Ordinary Meeting of 14 December 2020, resolved to support the new traffic arrangements for the proposed station redevelopment and road closure of part of The Straight, through endorsement of the minutes of the Local Traffic Committee (LTC) meeting of 7 December 2020.

 

 

 

Current Proposal

The RFS Station project team have now made application to proceed with the permanent closure of the part of The Straight road required to facilitate the redevelopment of the RFS Station building and on-site facilities.

In accordance with the regulatory provisions of the Roads Act 1993, community consultation has been undertaken with surrounding property owners and occupiers, relevant government and statutory authorities, and those deemed to be affected by the proposed road closure.

No community objections were received during the twenty-eight (28) day notification period.  Endeavour Energy has lodged an objection to the proposed closure, due to the location of electrical infrastructure (light pole and power lines) in the road reserve.  This infrastructure is proposed to be removed as part of the redevelopment project.  Once the infrastructure is removed, Endeavour Energy have advised that they will withdraw their objection to the proposal.

Crown Lands NSW have also provided their concurrence to the closure with the land parcels vesting in Council upon closure.  Following gazettal of the closure, the land will be classified as “Operational Land” under the provisions of the Local Government Act 1993 (NSW).

As a result of the proposed road closure, the following turning movements at The Straight Road will be expected to be diverted to use the Mulgoa Road/Allan Road intersection:

·    Left and right turn flows from Mulgoa Road to The Straight Road

·    Through traffic flows from Fairlight Road to The Straight Road

·    Left and right turn flows from The Straight Road to Mulgoa Road

·    Through traffic flows from The Straight Road to Fairlight Road

 

Having considered the above traffic implications, the LTC has supported the proposed partial road closure. The Traffic Management Plan prepared for the RFS Station redevelopment, concludes that the proposal would only result in a minor level of traffic activity and route alteration which would not have any adverse effects on traffic capacity, safety or other traffic related implications.

 

The location of the road is shown in appendix 1 on the existing site plan, with the insertion of the proposed RFS Station shown in appendix 2 on the proposed site plan.

 

Financial Implications

This report seeks Council’s approval to proceed with the permanent road closure of part of The Straight Road Mulgoa, to facilitate the redevelopment of the Mulgoa Rural Fire Service (RFS) Station. All costs associated with the proposed road closure are able to be funded from the Mulgoa Rural Fire Service (RFS) Station operational project budget.

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 section of The Straight Road, Mulgoa is being undertaken to facilitate redevelopment of the Mulgoa RFS Station. Changes to vehicular access arrangement for residents will be minor and can be accommodated via alternative road network options.  

This closure is integral in ensuring the Mulgoa RFS Station project remains on track to be delivered within the prescribed timeframe and in accordance with the proposed project design and budget.

 

RECOMMENDATION

That:

1.     The information contained in the report on The Straight Road Mulgoa - Permanent Partial Road Closure be received

2.     The Endeavour Energy electrical infrastructure located within the section of road reserve to be closed, be removed prior to gazettal.

3.     Part The Straight Road Mulgoa, as identified within the report, be permanently closed in accordance with the Roads Act 1993

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

5.     The parcel of closed road, once registered and vested in Council, be classified as Operational Land.

 

 

ATTACHMENTS/APPENDICES

1.

The Straight Mulgoa - Existing Site Plan

1 Page

Appendix

2.

The Straight Mulgoa - Proposed Site Plan

1 Page

Appendix

3.

Aerial Map and proposed road closure

1 Page

Appendix

  


Ordinary Meeting                                                                                                                  24 May 2021

Appendix 1 - The Straight Mulgoa - Existing Site Plan

 


Ordinary Meeting                                                                                                                  24 May 2021

Appendix 2 - The Straight Mulgoa - Proposed Site Plan

 


Ordinary Meeting                                                                                                                  24 May 2021

Appendix 3 - Aerial Map and proposed road closure

 

PDF Creator


Ordinary Meeting                                                                                                    24 May 2021

 

 

 

9

Acceptance of Grant funding - Greater Sydney Crown Land Open Space Activation Program and categorisation of Crown Reserves   

 

Compiled by:               Rebecca Marshall, Senior Development Manager

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

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

      

 

Executive Summary

Council continues to deliver on the “Our River” Masterplan, with works over recent years showcasing one of our most prized assets. Council has developed an innovative idea to sensitively refurbish the heritage listed former Police Cottage located on the edge of Regatta Park.  The refurbishment, being undertaken by Council, will deliver a contemporary all day dining facility with magnificent views of the Nepean River.

Council has been working closely with the NSW Government for several years to advocate for the Police Cottage site in Regatta Park. In April 2021, Council was awarded $1,500,000 of grant funding from the NSW Government’s $16.5 million Greater Sydney Crown Land Open Space Activation Program to restore the Police Cottage located on Crown Reserve 90020 at 4 Punt Road Emu Plains, subject to signing a funding agreement.

Council was further appointed as Crown Land Manager of the site and the adjacent crown reserve 69111 – known as 2 Punt Road Emu Plains.

This report recommends that:

·    Council accept the grant funding of $1,500,000 offered under the Greater Sydney Crown Land Open Space Activation Program

 

·    Council acknowledges the appointment of Crown Land Manager of Crown Reserves 90020 and 69111 and delegates authority to the General Manager to make the necessary applications to progress the initial categorisation of the Crown land parcels for General Community Use.

 

Background

Working with our community, Council adopted the Our River Nepean River Masterplan in 2013 to ensure we make the most of one our City’s most prized assets. The Masterplan outlines a bold vision for the Regatta Park precinct which included cafes and restaurants to complement and enhance existing community uses and events, the nearby gallery and open spaces. With the Yandhai Nepean Crossing connecting Regatta Park and the river with the City Centre, there is an opportunity to make our river a jewel in the City’s crown and the Police Cottage a prized destination.

Council developed and innovative idea and vision to bring the Police Cottage back to life, delivering a dining offering and transforming the site into a café/restaurant, with outside seating that offers diners magnificent views of the Nepean River. The restoration is an opportunity to showcase collaboration, whilst preserving the historical value of the site, enhancing the gateway into Regatta Park and contributing to the potential of the Regatta Park Precinct.

Current Situation

The Greater Sydney Crown Land Open Space Activation Program was announced by the NSW State Government on 16 February 2021, with local councils being invited to participate in partnership opportunities for activation and ongoing management of shortlisted Crown land sites.

Working closely with the NSW Government and with ongoing advocacy the Police Cottage restoration and adaptive reuse was supported as an opportunity with $1,500,000 in grant funding awarded for the project. The conditions of funding are detailed in the funding agreement which has been reviewed by our internal legal team.

The condition of the funding is that the project must be completed within 18 months of receiving the funds and that funds will be provided within 28 days of signing the funding agreement. Monthly progress reports are to be provided in writing during the period and a final report within 3 months of the project’s completion is required outlining the expenditure on the project.

A Development application (DA20/0628) for the heritage restoration and adaptive reuse has already been lodged and is currently being assessed. With the project on track to meet these completion requirements.

The restoration works will involve substantial repairs, maintenance, and upgrades to the existing structures. To facilitate the development, along with the $1.5 million grant funding, Council’s proposes to invest approximately $1 million from the Property Reserve to deliver this important heritage restoration project.

 

Crown Land Manager

To enable Council management of the site and the adjacent reserve. Council has been appointed Crown Land Manager by the Department of Planning, Industry and Environment of the two Regatta Park Crown reserves at Punt Road Emu Plains:

·    Crown Reserve 90020 Lot 7038 DP94188 4 Punt Road Emu Plains

·   
Crown Reserve 69111 Lot 7039 DP 94188 2 Punt Road Emu Plains

The reserve has been approved for Public Recreation, Community and Heritage Purposes to enable it to be activated for community use and enjoyment.

The Crown Land Management Act 2016 (NSW) (‘CLM Act’) authorises Council to manage Crown land, appointed to Council as Crown Land Manager, as if it were public land under the Local Government Act 1993 (NSW) (‘LG Act’).  The CLM Act provides that Crown land, managed by Council as public land, must be managed as if it were community land.

Plan of Management

Under the LG Act, a Plan of Management (POM) must be adopted by Council for all community land. The POM categorises the land and governs its use and management. These parcels currently sit within the previously adopted Regatta Park, Emu Plains Plan of Management 2016. The POM is being updated and will be reported as a separate project after initial categorisation has been completed to a future Council meeting.

 

Initial Categorisation

Under section 3.23 of the CLM Act, all Crown reserves that are classified as community land require an initial categorisation that relates to the Crown land reserve purpose.  In determining the category that applies to the reserve, Council officers were required to refer to the LG Act provisions and to consider how these would preserve and facilitate use of the land for the purpose for which it was originally dedicated or reserved.

Council must assign a category or categories, referred to in section 36 of the LG Act, which council considers to be most closely related to the purposes for which the land is dedicated or reserved.

The categories described in the LG Act for community land include:

a. natural area (subcategory—watercourse, bushland, escarpment, wetland, and foreshore)

b. sportsground

c. park

d. area of cultural significance

e. general community use

Council officers have applied a category of General Community Use to both Crown Reserves and upon Council approval and delegation, written notice of initial categorisation will be provided the Minister for approval (Appendix 1). 

Once Council receive the Department’s acknowledgement of an assigned categorisation, or the Department direction to assign a specific categorisation, Council may proceed to finalise and adopt the updated LG Act PoM for the land.

Community Engagement

There is no requirement for Council to undertake community engagement as part of the initial categorisation process.  However, the LG Act requires community engagement activities to be undertaken in the preparation of a PoM, including public exhibition of the PoM and opportunities for the community to comment, which will take place at that time.

 

Financial Implications

This report proposes acceptance of the $1.5 million from the Greater Sydney Crown Land Open Space Activation Program ,which combined with a Council Contribution of $1 million from the Property Reserve, will be used to manage the restoration and adaptive reuse of the Police Cottage for a total project cost of $2.5m.                                                                                   

The site will be required to be incorporated into future asset renewal programs and a provision for ongoing maintenance ($10,000-$15,000 pa subject to review and preparation of the appropriate plan) will also be necessary in Council’s annual budget.

Risk Implications

The funding conditions are contingent on expenditure and delivery of the project within the stipulated timeframe. The current project plan for delivery anticipates these funding requirements will be met, subject to all approvals being obtained.

Conclusion

The restoration of the Police Cottage is an opportunity to showcase Council’s genuine efforts to acknowledge and respect its historical significance and preserve its historical value, as an important local heritage feature of Penrith through an innovative adaptive reuse project. This report seeks the delegation of authority to enter into the funding agreement and to assign initial categorisation to progress the project.

 

RECOMMENDATION

That:

1.     The information contained in the report on Acceptance of Grant funding - Greater Sydney Crown Land Open Space Activation Program and categorisation of Crown Reserves be received

2.     Council accept the grant funding of $1,500,000 offered under the Greater Sydney Crown Land Open Space Activation Program and delegate authority to the General Manager to enter into the funding agreement with the Department of Planning, Industry and Environment.

3.     Council acknowledge the appointment of Crown Land Manager of Crown Reserves 90020 and 69111 and delegate authority to the General Manager to make the necessary applications to progress the initial categorisation of the Crown land parcels for General Community Use.

4.     Council write to the Minister for Planning, the Hon Rob Stokes MP and the Local Member, the Hon Stuart Ayres MP, thanking them for grant funding.

5.     The Common Seal of the Council of the City of Penrith be affixed on any documentation as necessary.

 

 

 

ATTACHMENTS/APPENDICES

1.

Initial Categorisation Form

3 Pages

Appendix

  


Ordinary Meeting                                                                                                                  24 May 2021

Appendix 1 - Initial Categorisation Form

 

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Ordinary Meeting                                                                                                    24 May 2021

 

 

 

10

Acceptance of Grant Funding - NSW Public Spaces Legacy Program, City Park   

 

Compiled by:               Neil Farquharson, Financial Services Manager

Michael Jackson, Design and Projects Manager

Authorised by:            Andrew Moore, Director - Corporate Services

Brian Steffen, Director - City Services  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Support financial sustainability through financial planning and budget management

      

 

Executive Summary

This report recommends acceptance of $4 million in funding under the Department of Planning Industry & Environment (DPIE) NSW Public Spaces Legacy Program.

Background

The Department of Planning Industry & Environment (DPIE) launched the NSW Public Spaces Legacy Program in 2020.  Penrith City Council is eligible for $4m in funding for a public space project which delivers a legacy of safe, quality public and open space.

The program incentivises local councils to accelerate their assessments of development applications (DAs) and rezonings.  Council’s Development Services and City Planning departments have performance targets to reach to secure this funding.

A range of projects was submitted to DPIE as options meeting the criteria of the program and DPIE have selected the City Park project as being most suitable for their purpose.  The City Park project is a $12m investment in a city shaping project which aims to give Penrith the civic heart it has lacked since its establishment as a commercial township.

Financial Implications

Acceptance of this grant funding will offset $4 million (one third) of the total cost of the City Park and represents a saving to Council’s bottom line in return for media and publicity for DPIE and the State Government. The $4 million funds from the NSW Public Spaces Legacy Program were identified to replace the Council funding of the City Park project.  The acceptance of the grant funds will therefore facilitate the Council’s ability to use the freed-up Council funds to repay the COVID-19 internal loan.

Risk Implications

The funding is contingent on the Development Services and City Planning departments achieving performance targets which have been set.  Processes have been established by DPIE to assess and non-conformances as these areas are subject to many external factors beyond the control of council officers.

If for any reason the targets are not met and non-conformances cannot be adequately justified the previous Council funding sources will be relied upon to complete the project.

 

Conclusion

This report recommends acceptance of $4 million in funding under the Department of Planning Industry & Environment (DPIE) NSW Public Spaces Legacy Program for the City Park, Penrith project.

 

RECOMMENDATION

That:

1.     The information contained in the report on Acceptance of Grant Funding - NSW Public Spaces Legacy Program, City Park be received

2.     Council accept the funding amount of $4million under the Department of Planning Industry & Environment, NSW Public Spaces Legacy Program for the City Park, Penrith project.

3.     Council allocate $4 million to replace Council funding to repay the COVID-19 internal loan.

4.     Letters of thanks be sent to the Minister for Planning, the Hon Rob Stokes MP, and the Local Member, the Hon Stuart Ayres MP.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    24 May 2021

 

 

 

11

Organisational Financial Review - March 2021   

 

Compiled by:               Neil Farquharson, Financial Services Manager

Geraldine Brown, Strategic Finance Coordinator

Authorised by:            Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Support financial sustainability through financial planning and budget management

      

 

Executive Summary

This report outlines Council’s progress towards implementing its five-year Delivery Program 2017-22 and annual Operational Plan 2020-21, and focuses on the period of 1 January to 31 March 2021. The report should be read in conjunction with the Organisational Report – March 2021, 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 Quarterly Review ($14,318 surplus) and December Quarterly Review ($197,841 surplus) reported variations to the predicted annual budget which produced a net surplus result of $212,159 predicted for 2020-21.

 

The March Quarterly Review again presents an overall positive result with a revised projected surplus of $23,893 for 2020-21. This result comprises mainly positive variations to the adopted Budget, with the most notable budget adjustments for the March Quarter being additional Rates income ($557,387) and Development Services Income ($153,565), which has been partly offset by an adjustment to recognition of Rezoning Income ($214,496). It is also proposed as part of the Review to make an allocation to the Legal Reserve ($750,000).

 

In order to track the actual impact of COVID-19 on Council’s operations and revenue, a separate COVID-19 Impact Reserve was established in 2019-20. This Reserve initially resulted in a deficit balance as we are only notionally funding from the Reserve against other internal unrestricted reserves with the intention that future surpluses will be directed towards repayment of this Reserve. The impact of COVID-19 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 March Quarterly Review process with the revised impact to General Revenue for 2020-21 being $4.67m, with a slight decrease in the deficit reserve balance of $76,208 reported in the March Quarter. Further details are provided in this report.

 

Further details on proposed major variations are provided in this report, with more detail also included in the Organisational Report – March 2021.

 

This report recommends that the Organisational Report – March 2021 be received and that the revised Budget estimates identified in the report and detailed in the Organisational Report – March 2021 be adopted.  

 

 

Financial Position for the March 2021 Quarter

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

·    Budget position (whether balanced/surplus/deficit)

·    Significant Variations

·    Identified Revotes

·    Funding summary

·    Reserve movements for the Quarter

·    Capital and Operating Budget Projects list for the quarter

·    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

14

December 2020 Quarter Variations Adopted by Council

198

March 2021 Quarter Variations Adopted by Council

0

March 2021 Quarterly Review Proposed Variations

(188)

Revised Budget Position Surplus/(Deficit) projected

to June 2021

24

 

The predicted cumulative result for the year as at March 2021 is a surplus of $23,893 after the recommended variations and allocations 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 – March 2021.

 

Net Rates income - $557,387F (0.3%)

Rates income is expected to increase approximately $525,000 compared to previous forecasts due to additional revenue received with a recent rezoning of lands near the airport. Other (net) rates income is predicted to be around $33,000 more than forecasts with increases to interest, 603 certificate and pensioner subsidy income, adjustments for additional rebates, and further provision for postponement of rates.

 

Development Services Income - $153,565 F (6%)

Development income realised through determinations to the end of the March quarter has exceeded ‘COVID- based’ conservative projections made in early 2020 due to greater development application activity than expected throughout 2020 and into 2021. Determinations of regionally significant applications to the end of 2020 in accordance with meeting Public Spaces Legacy Program commitments has also increased income realised.

 

A significantly expanding fire safety register with new commercial and industrial completions requiring fire safety statements has also seen a higher than expected level of non-compliance in this area resulting in increased fine income.

 

Rezoning Income - $216,496 U (100%)

Council is continuing to receive multiple applications for rezoning or other amendments to the LEP. This adjustment transfers previously recognised income to be held in reserve to fund the work associated with these applications into the future, thus reducing any potential call on Council’s general revenue for these works into the future.

 

Transfer to Legal Reserve - $750,000 A

The transfer to the Legal Reserve and increase in the legal budget for the year relates to several significant litigated matters in the areas of regulatory compliance which are in the Court of Appeal, and have been instigated by the opposing parties.  Following decisions in Council’s favour in the Land and Environment Court matters have been complicated with the other parties commencing separate proceedings in the Land and Environment Court against a deemed refusal of the granting of a consent. Unfortunately, these matters have been the subject of numerous Court appearances due to the way the other parties have run the matters.

 

There have also been two significant appeals which have required expert advice on social impact, and Counsel representation. There has been a further appeal to an ongoing matter which was not factored into the initial budget development.

 

Lastly, although a budget was established for a significant matter in relation to Jordan Springs, the costs this financial year will exceed that budget slightly. Given the complexity and wide reach of that matter, it has been difficult to estimate the costs.

 

Other variations with no impact on Available Funds and Proposed Revotes

A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of these adjustments are provided in the Organisational Report – March 2021.

 

In addition to these adjustments a total of $13.2m of planned capital and operating projects are proposed for revote this quarter and a full listing can be found in the attachment. The total value of revotes for the year to date is $13.4m (including the proposed March Quarter revotes), compared to $16.1m for the same period in 2019-20.  A full list of Revotes is included in the attachment Organisational Report – March 2021.

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 undertaken 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 March 2021 quarter the net change in this reserve is a decrease in the deficit balance of $76,208.

The table below tracks the financial impact of COVID-19 for the twelve months March 2020 to March 2021. The revised forecasted impact for July 2020 to March 2021 is $5.0m.

 

 

 

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

 

Net Rates income - $17,552 F (0.01%)

Income related to recovery action for overdue rates has suspended by COVID-19 regulations with an extension of the ban on court action until at least March 2021. This will result in a $21,795 loss of forecast income. This is offset by a reduction in expenditure related to taking the court action of $39,347 to give a net improvement of $17,552. 

 

Hall Hire Income - $25,909 U (6%)

The income for hire of community facilities during the first three quarters remained low as a direct result of COVID-19 risks and restrictions. Though approximately 70%-80% of regular hirers have recommenced their group activities, function hire is still not permitted. It was anticipated that the regulations would ease, and hirers would be regular for the last quarter. However, as the restrictions are expected to continue, an impact on revenue of around 20% is expected in the next quarter. 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 during the current financial year ending 30th June 2021.

 

Fee Waiver - $17,993 F (40%)

Council has allocated a fund of $500,000 in the original budget for its Covid-19 Fee Relief Program. Under Council’s COVID-19 Fee Relief Program facility hirers may be granted fee relief upon application. During the March quarter two applicants were granted fee relief to a total value of $2,500. In addition to this, Facilities Department extended financial support upon request to committees, who were offered fee relief under Council’s COVID-19 fee relief program. This non-cash transaction to recognise relief granted reduces the amount available within the fund.

 

Events - $66,572 F (67%)

Savings were identified after several annually funded events including Australia Day, St Marys Festival and Relay for Life were cancelled or went ahead in a different format due to COVID restrictions.

 

Transfer to Reserve – COVID Impact $76,208 A

In order to track the actual impact of COVID-19 on Council’s operations and revenue a separate COVID-19 Impact Reserve has now been created. This new Reserve was established in 2019-20 to track those impacts and will initially result in a deficit balance for the Reserve as at this stage we are only notionally funding from this Reserve. It will effectively result in a loan against our internal reserves, while appropriate recovery actions are undertaken 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. For the March 2021 quarter the net change in this reserve is a decrease in the deficit balance of $76,208.

Financial Implications

Adopting the recommendations within this report will result in Council’s 2020-21 Budget being revised to reflect a predicted surplus of $23,893. Further details of the financial implications are contained within the attached Organisational Report – March 2021.

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 March 2021 Quarterly Review updates Council’s forward budget projections with the best available information. However, further favourable and unfavourable variations may occur throughout the remainder of the financial year and such variations will be managed and reported to the Council for consideration.

Conclusion

This report, and the more detailed Organisational Report – March 2021 indicates that the performance of Council’s Capital and Operating Projects are on track to meet Council’s challenging annual program. Prudent financial management combined with the fine tuning and confirmation of budget assumptions have contributed to a 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 June Quarterly Review report to the Council.

 

Once adopted the Organisational Report – March 2021 will be placed on Council’s website.

 

RECOMMENDATION

That:

1.     The information contained in the report on Organisational Financial Review - March 2021 be received.

2.     The Organisational Financial Review - March 2021 as at 31 March 2021, including the revised estimates outlined in this report and detailed in the Organisational Report – March 2021, be adopted.

 

 

ATTACHMENTS/APPENDICES

1.

Organisational Report - March 2021

45 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    24 May 2021

 

 

 

12

Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2021-2022   

 

Compiled by:               Avanthi Fernando, Governance Officer

Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Promote ethical behaviour through awareness and advice and manage investigations of alleged corruption, maladministration or breaches of the Code of Conduct

      

 

Executive Summary

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

 

Section 241 of the Act provides for the Tribunal to determine not later than 1 May in each year, the maximum and minimum amount of fees to be paid to Mayors and Councillors of councils to take effect from 1 July 2021.

 

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

 

This year, as part of the review, the Tribunal considered requests submitted by a number of councils to review categorisation of those individual councils. However, the Tribunal has determined that the current categories and allocations of councils to these categories remained appropriate except for Bayside Council where it was determined in August 2020 after a direction from the Minister for Local Government, the Hon Shelley Hancock MP that Bayside Council met the criteria to be classified as Metropolitan Large. The Tribunal has noted that an extensive review of the current category model will be conducted in 2023.

 

Taking into consideration the Government’s policies on wages, the Tribunal has determined that the minimum and maximum fees applicable to each category will be increased by 2.0% for 2021-22, which is 0.5% less than the maximum allowable increase.

Background

The Tribunal is constituted in accordance with the Act. The Tribunal is responsible for categorising each Council for the purpose of determining the minimum and maximum fees payable to Mayors and Councillors in each category.

The Tribunal is required to make an annual determination by no later than 1 May each year which takes effect from 1 July in that year. Section 239 of the Act also requires the Tribunal to determine categories of Councils and Mayoral offices at least once every 3 years.

In 2009 the Tribunal undertook a review of categories and allocation of Councils into each of the categories. While the Tribunal found that there was no strong case to significantly alter the existing categories of Mayoral offices and Councillor, the Tribunal decided to apply descriptive titles to each of the categories rather than continuing with the numbering of Categories. The descriptive title given to Penrith City Council (and Blacktown City Council) was “Metropolitan Major” which indicates “a Council that has a residential population greater than 250,000 or has another special feature of section 240 [of the Act] which the Tribunal considers distinguishes it from other Metropolitan Councils”.

In 2017 the Tribunal determined to re-title the three Metropolitan categories and as a result, Penrith City Council was given the title of ‘Metropolitan Large’. Metropolitan Large Councils ‘typically have a minimum population of 200,000’. Council has maintained this category since 2017.

On 22 June 2011, the NSW State Government passed the Parliamentary, Local Council and Public Sector Executives Remuneration Legislation Amendment Act 2011. The effect of the amendment is that future remuneration increases from 1 July 2012 for Mayors and Councillors will be restricted to no more than 2.5% per annum (like the remuneration for members of Parliament, public sector executives etc).

 

Current 2021 Review

In February 2021, the Tribunal wrote to the Mayor and General Manager advising that the 2021 annual determination review process has commenced and invited Councils to make submissions with respect to categorisation structure, fees, and other matters.

Local Government Remuneration Tribunal Determination for 2021-2022

On 23 April 2021, the Tribunal released its report and determination on the fees to be paid to Mayors and Councillors for the period 1 July 2021 to 30 June 2022. A full copy of the Tribunal’s annual report is attached to this report.

After considering various matters (further outlined in the attached Local Government Remuneration Tribunal Annual report 2021), the Tribunal has determined a 2.0% increase in the minimum and maximum fees applicable to each category is appropriate.

Regarding changes to the categories and criteria for Metropolitan Councils, the Tribunal has determined that the current categories are appropriate.

Council’s Submission

Council officers prepared a submission to the Remuneration Tribunal earlier this year in relation to the setting of fees and the categorisation of Penrith City Council. Council’s submission reiterated our position that a new category called Metropolitan Large – Growth Centre should be created, due to Council’s exponential population growth, involvement in significant city-shaping projects and other initiatives. The submission also suggested that Council’s claim to a new Metropolitan Large – Growth Centre category would be enhanced due to the Western Sydney City Deal, which further demonstrates the exponential growth that has and is expected to occur in the Penrith local government area.

In this year’s submission, Council supported the full allowable increase of 2.5 per cent being passed on when determining the fees for Mayors and Councillors. Also, as in previous years, Council put forward that Mayors and Councillors should be remunerated as a percentage of a MP’s remuneration.

Taking into consideration the Government’s policies on wages and various other matters, the Tribunal has determined that the minimum and maximum fees applicable to each category will be increased by 2.0% for 2021-22, which is 0.5% less than the maximum allowable increase. It should be noted that owing to the COVID-19 Pandemic and other circumstances that the fee applied to each category received no increase in 2020-2021.

Mayor and Councillor Fees for 2021-2022

The Council’s policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors (Section 252 Policy) states that “Council will determine annually the fee to be paid to the Mayor in accordance with section 249 of the Local Government Act 1993. This fee, which is in addition to the Councillor’s fee, will be paid to the Mayor monthly in arrears”.

In respect of the Deputy Mayor, the Council’s policy states “Council will determine annually the fee paid to the Deputy Mayor in accordance with section 249 (5) of the Local Government Act 1993. This fee, which is to be deducted from the Mayor’s fee, is in addition to the Councillor’s fee”.

The Tribunal does not set a fee for a Deputy Mayor, despite our previous submissions to do so; however, it has been the Council’s practice to remunerate the Deputy Mayor by allocating 20% of the Mayor’s fee to the Deputy Mayor, in addition to the fee paid to the Deputy Mayor as a Councillor.

The Tribunal has determined the following range of fees for the Category of “Metropolitan Large” Councils (Bayside, Blacktown, Canterbury-Bankstown, Cumberland, Fairfield, Inner West, Liverpool, Northern Beaches, Penrith, Ryde, Sutherland and The Hills):

Councillor Annual Fee – Minimum $18,800 & Maximum $31,020

Mayor Additional Fee – Minimum $39,940 & Maximum $90,370

*This fee must be paid in addition to the Mayor as a Councillor (s249(2)).

 

Financial Implications

It has been the Council’s practice to remunerate Councillors at the maximum fee level available within the Category applicable. The Draft 2021-22 Operational Plan currently on exhibition includes provision for Councillor fees based on this practice continuing at 2.5%, this will be reduced to reflect the Tribunals determination of 2.0% as outlined in this report.

Risk Implications

There are no risk implications specifically associated with the action proposed within this report.

Conclusion

Considering the determination by the Tribunal and Council’s practice to remunerate Councillors at the maximum fee level, it is recommended that the fees payable to the Mayor and Councillors for 2021-22 be set at the maximum level determined by the Tribunal.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2021-2022 be received.

2.     The fees payable to the Mayor and Councillors for 2021-22 be set at the maximum level permitted.

 

 

ATTACHMENTS/APPENDICES

1.

Local Government Remuneration Tribunal - Annual report and determination 2021

16 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    24 May 2021

 

 

 

13

Summary of Investment & Banking for the Period 1 April 2021 to 30 April 2021   

 

Compiled by:               James Legarse, Operational Project Accountant

Authorised by:            Neil Farquharson, Financial Services Manager

Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

This report on the Summary of Investments & Banking for April 2021 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (the Act) (Section 625) and the Council’s Investment Policy.

 

The report certifies that the Council investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under Council Circular 11-01 on 17 February 2011.

 

The report provides a summary of investments for the period 1 April 2021 to 30 April 2021 and a reconciliation of invested funds as at 30 April 2021.

 

The investment returns versus the benchmark as a percentage for April 2021 are:

•        Council portfolio current yield (including FRNs)                                     0.69%

•        90 day Bank Bill Swap rate (Benchmark)                                                         0.04%

•        Enhanced 90-day Bank Bill Swap Rate (Benchmark - BBSW+45bps)            0.49%

•        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 April 2021, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for April 2021 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 Council’s 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 April 2021. Additionally, the report assures the Council that Council’s Cash Book and Bank Statements have been reconciled.

Certificate of Responsible Accounting Officer

I hereby certify the following:

1.   All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.

2.   The Council’s Cash Book and Bank Statements have been reconciled as at 30 April 2021.

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Andrew Moore

Responsible Accounting Officer

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investment & Banking for the Period 1 April 2021 to 30 April 2021 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period 1 April 2021 to 30 April 2021 be noted and accepted.

3.     The graphical Investment Analysis as at 30 April 2021 be noted.

 

 

ATTACHMENTS/APPENDICES

1.

Investment Report as at 30 April 2021

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                  24 May 2021

Appendix 1 - Investment Report as at 30 April 2021

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday May 24 2021

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Council Property - Lease Agreement - Shop 1, 114-116 Henry Street, Penrith               2

 

3        Claim for Reimbursement of Legal Costs                                                                          2

 

 

 

 


Ordinary Meeting                                                                                                    24 May 2021

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        Council Property - Lease Agreement - Shop 1, 114-116 Henry Street, Penrith 

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

 

3        Claim for Reimbursement of Legal Costs

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

 

 

 

 

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 24 May 2021

Report Title:            Proposed Winter Sporting Facility at 2 Tench Avenue, Jamisontown

Attachments:           Site Location Map

                                Envisaged Development

                                Draft DCP

                                VPA Offer

                                Matter raised in public submissions

                                Submission from NSW Government Architects Office



Ordinary Meeting                                                                                                                  24 May 2021

Attachment 1 - Site Location Map

 

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Ordinary Meeting                                                                                                                  24 May 2021

Attachment 2 - Envisaged Development

 

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Ordinary Meeting                                                                                                                  24 May 2021

Attachment 3 - Draft DCP

 

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Ordinary Meeting                                                                                                                  24 May 2021

Attachment 4 - VPA Offer

 

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Ordinary Meeting                                                                                                                  24 May 2021

Attachment 5 - Matter raised in public submissions

 

 

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Ordinary Meeting                                                                                                                  24 May 2021

Attachment 6 - Submission from NSW Government Architects Office

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 24 May 2021

Report Title:            Public Exhibition of Draft Green Grid Strategy

Attachments:           Draft Green Grid Strategy



Ordinary Meeting                                                                                                                  24 May 2021

Attachment 1 - Draft Green Grid Strategy

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 24 May 2021

Report Title:            Submissions to Various State Government Planning Reform Matters on Exhibition

Attachments:           Final Submission on the Planning Amendments for Building Business Back Better

                                Final Submission on the Planning Amendments for Agritourism and small-scale agriculture

                                Final Submission on the Review of Clause 4.6 Exceptions to development standards



Ordinary Meeting                                                                                                                  24 May 2021

Attachment 1 - Final Submission on the Planning Amendments for Building Business Back Better

 

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Ordinary Meeting                                                                                                                  24 May 2021

Attachment 2 - Final Submission on the Planning Amendments for Agritourism and small-scale agriculture

 

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Ordinary Meeting                                                                                                                  24 May 2021

Attachment 3 - Final Submission on the Review of Clause 4.6 Exceptions to development standards

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 24 May 2021

Report Title:            Organisational Financial Review - March 2021

Attachments:           Organisational Report - March 2021



Ordinary Meeting                                                                                                                  24 May 2021

Attachment 1 - Organisational Report - March 2021

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 24 May 2021

Report Title:            Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2021-2022

Attachments:           Local Government Remuneration Tribunal - Annual report and determination 2021



Ordinary Meeting                                                                                                                  24 May 2021

Attachment 1 - Local Government Remuneration Tribunal - Annual report and determination 2021

 

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ATTACHMENT       

 

 

 


Date of Meeting:     24 May 2021

 

Delivery Program:   Outcome 7

 

Service:                   Financial Services

 

Report Title:             2020-2021 Voted Works