Council_Mark_POS_RGB

21 July 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 City is to be held remotely using audio visual links and audio streamed on the Council website on Monday 26 July 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 - 28 June 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

Penrith Community Safety Partnership Meeting - 16 June 2021.

Access Committee Meeting - 16 June 2021.

 

10.         DELIVERY PROGRAM REPORTS

 

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

12.         URGENT BUSINESS

 

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 26 July 2021

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

WEBCASTING NOTICE

 

 

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

 

 

PRAYER

 

 

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.”

 

 

 

 

 


 

 


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 AND AUDIO STREAMED ON THE COUNCIL WEBSITE ON MONDAY 28 JUNE 2021 AT 7:03PM

 

WEBCASTING STATEMENT

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

 

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by Rev Christine Bayliss Kelly.

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 - 24 May 2021

107  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Todd Carney that the minutes of the Ordinary Meeting of 24 May 2021 be confirmed.

 

SUSPENSION OF STANDING ORDERS

108  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Aaron Duke that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:07pm.

 

Mr David Bentham OAM

 

Adoption of Local Traffic Committee Minutes – 7 June 2021

 

A Council Staff Member read out Mr David Bentham OAM’s application to address the Ordinary Meeting and outlined his reasons for opposition of the recommendation as follows:

 

Mr Bentham expressed his concerns in relation to the traffic arrangements in the vicinity of Jordan Springs Public School, which negatively impact upon the safety and welfare of the students. He also conveyed the pressure it places upon teaching personnel and highlighted the increasing number of students at the school. Mr Bentham suggested that this matter be referred back to the Local Traffic Committee to be further investigated and develop a long-term solution.

 

Mr Robert Simpson

 

Item 16 – Adoption of Delivery Program 2017-22 and 2021-22 Operational Plan

 

A Council Staff Member read out Mr Robert Simpson’s application to address the Ordinary Meeting and outlined his reasons for opposition of the recommendation as follows:

 

Mr Robert Simpson expressed his concerns regarding Council’s current Tree Management Policy. Mr Simpson stated that the Tree Management Policy does not promote equity and fairness to all property owners, in comparison to developers. He also proposed that Council facilitate the planting of large native trees on Council land to benefit the Cooling the City Strategy, Resilience, wildlife habitat and public health.

 

RESUMPTION OF STANDING ORDERS

109  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Kevin Crameri OAM that Standing Orders be resumed, the time being 7:15pm.

 

Mayoral Minutes

 

1        The retirement of Wayne Mitchell

A number of Councillors spoke in support of the Mayoral Minute.                        

110  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that the Mayoral Minute on The retirement of Wayne Mitchell be received.

 

2        Queen's Birthday Honours List Recipient                                               

111  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Queen's Birthday Honours List Recipient be received.

 

Reports of Committees

 

1        Report and Recommendations of the Resilience Committee Meeting held on 19 May 2021                                                                                   

112  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Kath Presdee that the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 19 May, 2021 be adopted.

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Significant in Item 3 of the Local Traffic Committee Minutes from 7 June 2021, as he own properties at Ninth Avenue and Second Avenue, Llandilo.


 

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 7 June 2021                                                                     

113  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Robin Cook that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 June, 2021 be adopted.

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 7 June 2021                                                                     

114  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that the recommendations contained in the Report and s of the Policy Review Committee meeting held on 7 June, 2021 be adopted.

 

4        Report and Recommendations of the Heritage Advisory Committee Meeting held on 15 June 2021                                                                   

115  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Brian Cartwright that the recommendations contained in the Report and Recommendations of the Heritage Advisory Committee meeting held on 15 June, 2021 be adopted, with the third paragraph of General Business Item 3 – Street Naming in Penrith LGA to now read:

 

“The Chair advised that this is the last meeting together with the election coming up and thanked the Committee for their commitment to Penrith and contribution to heritage in Penrith. The Chair would like to advise the Committee that regardless of whether he is chairing or not, he is still supportive of the Committee and Penrith’s Heritage”.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Submission to Draft Natural Hazards Package                                       

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

That:

1.     The information contained in the report on Submission to the Draft Natural Hazards Package be received

2.     Council endorse the submission provided in Appendix 1 to this report and forward it to the Department of Planning, Industry and Environment for their consideration.

 

 

2        Exhibition of Penrith Lakes Draft Development Control Plan - Stage 1

117  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Exhibition of Penrith Lakes Draft Development Control Plan - Stage 1 be received.

2.     Council endorse the submission provided in Appendix 1 to this report and forward it to the Department of Planning, Industry and Environment for their consideration.

3.    The Penrith Development Control Plan 2014 (Penrith DCP 2014) should apply to the Employment and Tourism zones under the State Environmental Planning Policy (Penrith Lakes Scheme) 1989 (Penrith Lakes SEPP).

 

 

Outcome 3 - We can get around the City

 

3        Resident Parking Scheme                                                                         

A MOTION was moved by Councillor Marcus Cornish seconded Councillor Jim Aitken OAM 

That:

1.    The information contained in the report on Resident Parking Scheme be received.

2.    Council implement the parking scheme and review it in two years.

 

A FORESHADOWED MOTION was MOVED by Councillor Greg Davies seconded Councillor John Thain that the information contained in the report on Resident Parking Scheme be received.

 

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

 

118 Upon being PUT to the meeting, the FORESHADOWED MOTION was CARRIED and on becoming the SUBSTANTIVE MOTION was also CARRIED. 

 

4        RFT20/21-24 Bus Shelter Advertising and Bus Shelter Supply and Maintenance                                                                                                

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

That:

1.     The information contained in the report on RFT20/21-24 Bus Shelter Advertising and Bus Shelter Supply and Maintenance be received.

2.     The conforming and alternative offer response by Claude Outdoor is rejected.

3.     Based on the tender response and broader market enquiries, Council approaches the market, including Claude Outdoor, for negotiation

and not call for fresh tenders.

4.     The outcomes of the negotiations be reported back to Council.

 


 

 

Outcome 4 - We have safe, vibrant places

 

5        Penrith Rising Strong COVID 19 Recovery Plan Final Report              

120  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Todd Carney

That:

1.     The information contained in the report on Penrith Rising Strong COVID 19 Recovery Plan Final Report be received.

2.     A letter of thanks be prepared for all members of the Recovery Taskforces.

 

 

6        Naming a Playground in Recognition of Garry Rumble OAM               

121  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Mark Davies

That:

1.     The information contained in the report on Naming a Playground in Recognition of Garry Rumble OAM be received

2.     The playground at Pioneer Park, Robyn Avenue, South Penrith be named in recognition of Mr Garry Rumble OAM.

3.     An official naming ceremony be held at the park.

4.     A sandstone memorial incorporating a plaque to be installed adjacent to the existing playground within the reserve, detailing the accomplishments of Mr Garry Rumble OAM.

 

 

Outcome 5 - We care about our environment

 

7        Little Creek Catchment Floodplain Risk Management Study and Plan

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

That:

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

2.     The public exhibition draft of the Little Creek Catchment Floodplain Risk Management Study and Plan, May 2021 be endorsed for public exhibition for a period of no less than 28 days.

3.     Arrangements be made for the public exhibition in July - August 2021.

4.     A further report be presented to Council on the results of the public exhibition of the draft of the Little Creek Catchment Floodplain Risk Management Study and Plan, May 2021 addressing any submissions received during the exhibition period.

 


 

 

8        College, Orth and Werrington Creeks Catchment Floodplain Risk Management Study and Plan                                                                     

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

That:

1.     The information contained in the report on College, Orth and Werrington Creeks Catchment Floodplain Risk Management Study and Plan be received.

2.     The public exhibition draft of the College, Orth and Werrington Creeks Catchment Floodplain Risk Management Study and Plan, May 2021 be endorsed for public exhibition for a period of no less than 28 days.

3.     Arrangements be made for the public exhibition in July - August 2021.

4.     A further report to be presented to Council on the results of the public exhibition of the draft College, Orth and Werrington Creeks Catchment Floodplain Risk Management Study and Plan, May 2021 addressing any submissions received during the exhibition period.

 

 

9        Resilient Penrith Action Plan                                                                    

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

That:

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

2.     The Resilient Penrith Action Plan 2021-2030 be adopted.

 

Outcome 6 - We are healthy and share strong community spirit

 

10      Olympic Live Sites                                                                                      

125  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney

That:

1.     The information contained in the report on Olympic Live Sites be received

2.     Council utilise its own preferred suppliers to activate live sites at the Mondo in Penrith and at Coachmans Park, St Marys, funded by an equal allocation to be made from all three Wards voted works as per the motion endorsed at the Ordinary Council meeting of Monday 24 May, 2021.

3.     A total of $59,447.60 be allocated as the total budget from voted works for the Olympic Games live sites in Penrith and St Marys.

 

 


 

 

11      Acceptance of Grant Funding - Great River Walk, Nepean Avenue     

126  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Acceptance of Grant Funding - Great River Walk, Nepean Avenue  be received

2.     Council accept the $1,250,000 (ex GST) grant funding from the NSW Department of Planning Industry and Environment to deliver the Nepean Avenue, Penrith shared user path project.

3.     Letters of thanks be sent to the Minister for Planning, the Hon Rob Stokes MP, and the Local Member, the Hon Stuart Ayres MP.

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

 

 

 

 

12      NAIDOC Week 2021 Grants                                                                       

127  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on NAIDOC Week 2021 Grants be received

2.     Council endorse the distribution of grant funding to the 4 organisations listed for the delivery of NAIDOC 2021 activities.

 

 

13      Grant Acceptance - Greening our City Program                                     

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

That:

1.     The information contained in the report on Grant Acceptance - Greening our City Program be received.

2.     Council accept the $1,242,000 (ex GST) grant funding from the NSW Department of Planning Industry and Environment to deliver the three projects.

3.     Letters of thanks be sent to the Minister for Planning, the Hon Rob Stokes MP, and the Local Member, the Hon Stuart Ayres MP.

4.     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

 

14      RFT20/21-22 - Dynamics 365 (D365) Vendor Partners                           

129  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Aaron Duke

That:

1.     The information contained in the report on RFT20/21-22 - Dynamics 365 (D365) Vendor Partners be received.

2.     HCL Australia Services Pty Ltd and Deloitte Consulting Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the RFT20/21-22 Dynamics 365 (D365) Vendor Partners over 3 years (with option to extend a further 2 years).

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

 

15      RFT20/21-32 Construction Management Software                                 

130  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain

That:

1.     The information contained in the report on RFT20/21-32 Construction Management Software be received.

2.     InEight be awarded the Contract subject to the execution of a formal agreement for the RFT20/21-32 Construction Management Software for an amount of $497,730 excluding GST over 4 years.

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

4.     It be noted that a satisfactory financial health check has been received from InEight Pty Ltd.

 

16      Adoption of Delivery Program 2017-22 and 2021-22 Operational Plan

131  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Adoption of Delivery Program 2017-22 and 2021-22 Operational Plan be received

2.     In accordance with the Local Government Act 1993 under section 405, Council adopt Council's Delivery Program 2017-22 and 2021-22 Operational Plan, including proposed changes outlined in this report, any amendments made at tonight’s meeting; and any additional corrections to responsibilities for delivery of agreed actions.

3.     Council agree to underwrite the operations of Penrith Whitewater Stadium Limited and Penrith Performing and Visual Arts Ltd until the presentation of the respective Annual Reports for 2021-22.

4.     Council adopt the following to make the Rates and Charges for 2021-22:

a.    Ordinary Rate: Council make its Residential, Business and Farmland rates for 2021-22 in accordance with Section 535 of the Local Government Act 1993 such rate to be as follows:

Category

Minimum Amount

Ad Valorem

Residential

$1,155.65

0.0033666

Residential – Rural Area

(A new Residential sub-category to apply to any property categorised as Residential, and located within the suburbs of Agnes Banks, Badgerys Creek, Berkshire Park, Castlereagh, Kemps Creek, Llandilo, Londonderry, Luddenham, Mount Vernon, Mulgoa, Orchard Hills, Wallacia

$1,155.65

0.00309145

Residential – Rural Residential 2 to 40 Hectares

(A new Residential sub-category to apply to any property categorised as Residential, between 2 and 40 hectares in size, contains a dwelling and is zoned for non-urban purposes)

$1,155.65

0.00309145

Farmland

$1,155.65

0.0016833

Business

$1,408.80

0.00544757

Business – Penrith CBD

$1,408.80

0.00763477

Business – St Marys Town Centre

$1,408.80

0.00819996

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

c.    Domestic Waste Charges: Council make its Domestic Waste Service charge in accordance with Section 496 of the Local Government Act 1993 and the 2021-22 Operational Plan and 2021-22 Fees & Charges.

d.    Effluent Charges: Council make its annual charge for effluent removal services as outlined in the report and the 2021-22 Operational Plan and 2021-22 Fees & Charges.

e.    Interest: Council make the interest charge for overdue rates of 6.0% per annum under Section 566(3) of the Local Government Act 1993.

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

5.     Council un-declares the following business activities for the purpose of Special Purpose Financial Reporting;

Council pools, tennis, cemeteries, contestable services, halls, St Clair Recreation Centre and declares the following as business activities for the purpose of Special Purpose Financial Reporting;

Penrith Performing and Visual Arts, Penrith Whitewater Stadium, Property Development and Children’s Services.

 

 

17      Summary of Investment & Banking for the Period 1 May 2021 to 31 May 2021                                                                                                      

132  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM

That:

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

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

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

 

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS

 

RR 1           Establishment of a Writing Room        

Councillor Robin Cook requested that Council liaise with the West Words Organisation in regards to establishing a writing room in the Penrith LGA for young people.

 

RR 2           Funding Opportunities for Nepean Hockey 

Councillor Todd Carney request that Council investigate funding opportunities for Nepean Hockey.

 

RR 3           Update on Removal of Charity Bins    

Councillor Todd Carney requested a memorandum to all Councillors regarding an update on the removal of Charity Bins in the Penrith LGA.

 

RR 4           Discarded Shopping Trolleys     

Councillor Todd Carney requested that Council investigate the potential to fine companies who are not collecting their trolleys, which has been a recent approach adopted by Cumberland Council.

 

 

RR 5           Eight Avenue and Third Avenue Llandilo Intersection  

Councillor John Thain requested that the Local Traffic Committee investigate the road safety at the intersection of Eighth Avenue and Third Avenue, Llandilo and consider the installation of a roundabout.

 

RR 6           Placement of Charity Bin outside Penrith Civic Centre

Councillor Tricia Hitchen requested that Council allow the placement of a ‘Support the Girls’ charity bin outside the Penrith Civic Centre.

 

UB 1           Funding Allocation to St Clair Comets

Councillor Tricia Hitchen requested that an allocation of the amount of $3,000 be made from the East Ward voted works to support the St Clair Comets who are currently fundraising money to visit local indigenous communities and distribute school supplies and sporting goods.

133  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney 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.

 

134  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney that an allocation of the amount of $3,000 be made from the East Ward voted works to support the St Clair Comets who are currently fundraising money to visit local indigenous communities and distribute school supplies and sporting goods.

 

RR 7           Accessible Paths of Travel

Councillor Tricia Hitchen requested a memorandum to all Councillors regarding an audit of accessible paths of travel throughout the Penrith LGA, particularly in the vicinity of medical hubs and accessible parking locations.

 

RR 8           Local Government Election Signage  

Councillor Greg Davies requested a memorandum to all Councillors advising of the regulations that will be in place in relation to Local Government Election signage.

 

RR 9           Water Contamination Issue at 14 Mount Vernon Road, Mount Vernon   

Councillor Bernard Bratusa requested that Council Officers investigate an ongoing water contamination issue with an adjoining property at 14 Mount Vernon Road, Mount Vernon.

 

RR 10         Drainage Issues at 101 Chain-O-Ponds Road, Mulgoa 

Councillor Mark Davies requested that Council investigate drainage issues at 101 Chain-O-Ponds Road, Mulgoa.

 


 

 

RR 11         Condition and Maintenance of the Regatta Centre        

Councillor Mark Davies requested a memorandum to all Councillors regarding the water quality, physical condition and maintenance issues at the Regatta Centre.

 

RR 12         General Manager's Employment Contract   

Councillor Mark Davies requested a copy of the General Manager’s employment contract.

 

RR 13         Parking at Regatta Park     

Councillor Marcus Cornish requested a memorandum regarding the amount of carpark spaces that will be lost along River Road due to the construction of Regatta Park and also how many additional carparking spaces will be available. Councillor Marcus Cornish also requested an update regarding if the markets will be re-introduced to Regatta Park. 

 

RR 14         Wallacia Cemetery    

Councillor Marcus Cornish requested a memorandum advising of the regulations that will be imposed at the Wallacia Cemetery in relation to religion institutions and the destruction of graves.

 

RR 15         Renaming of The Northern Road

Councillor Marcus Cornish requested a memorandum advising the reasoning behind why Council weren’t consulted by the State Government prior to the renaming of The Northern Road.

 

UB 2           Leukemia Foundation Fundraiser       

Councillor Kevin Crameri OAM requested that an equal allocation be made from all three Wards’ voted works to fund the hiring of the Memorial Hall, St Marys for the Leukemia Foundation fundraiser.

135  RESOLVED on the MOTION of Councillor Kevin Crameri OAM 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.

 

136  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that an equal allocation be made from all three Wards’ voted works to fund the hiring of the Memorial Hall, St Marys for the Leukemia Foundation fundraiser.

 

RR 16         Drainage at Third Road, Berkshire Park      

Councillor Kevin Crameri OAM requested a report to Council regarding the drainage of Third Road, Berkshire Park and requested that it be included as a high priority in the gutter cleaning program.

 


 

 

RR 17         Carparking at Corpus Christi Catholic Primary School, Cranebrook      

Councillor Kevin Crameri OAM requested that Council review the street carparking in front of Corpus Christi Catholic Primary School, Cranebrook, so that there is no parking past the entry points to the carpark.

 

RR 18         8 Donohoes Avenue, Mulgoa     

Councillor Kevin Crameri OAM requested that Council investigate why Council Officers entered the property at 8 Donohoes Avenue, Mulgoa on 4 July 2000 when the residents where not home, and without permission or a Court order.

 

RR 19         Victoria Bridge Footpath    

Councillor Marcus Cornish requested a memorandum advising if the footpath on Victoria Bridge will be removed, when the bridge will be widened, and the specific timeframe.

 

Committee of the Whole

 

137 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Brian Cartwright that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:20pm.

 

1        Presence of the Public

 

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

 

 

Outcome 7

 

2        Sydney Metro - Construction Licences                                                                          

 

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        Soper Place - Project update and CAPEX Review                                                        

 

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 9:25pm and the General Manager reported that the Committee of the Whole met at 9:20pm on Monday, 28 June 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

 

2        Sydney Metro - Construction Licences                                                                          

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Tricia Hitchen

CW2 That:

1.     The information contained in the report on Sydney Metro - Construction Licences be received.

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

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

 

3        Soper Place - Project update and CAPEX Review                                                        

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia Hitchen

CW3 That:

1.     The information contained in the report on Soper Place - Project update and CAPEX Review be received

2.     Council endorse the Capital Expenditure Report and forward it to the NSW Office of Local Government.

 

ADOPTION OF Committee of the Whole

 

138 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia Hitchen that the recommendation contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:26pm.

 


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        The passing of Frank Lawton                                                                                             1

 

2        The passing of Max Baker                                                                                                 2

 

3        150th Anniversary of Penrith as a Municipality                                                                  4

 

4        Local Government Professional Excellence and Zest award success                              6

 

 

 

 

 

 



Ordinary Meeting                                                                                                    26 July 2021

 

Mayoral Minute

The passing of Frank Lawton

           

 

It is with great sadness that I acknowledge the recent passing of St Marys RSL Sub-branch Vice President Frank Lawton.

 

Frank and his family moved to St Clair in 1985 and he became involved in the Sub-branch in 2005. He took on the role of Vice-President in 2014, was a dedicated judge of the Sub-branch High School Scholarship Scheme and an exemplary custodian of the Corridor of Honour at the St Marys Diggers Club.

 

Described as one of the most active executive members the Sub-branch has ever seen, Frank was well known as Master of Ceremony (MC) at ANZAC and Remembrance Day services. Such was his dedication that he discharged himself from hospital to MC this year’s ANZAC Day dawn service. This selflessness typified Frank’s attitude, as he gave 110 per cent to everything he did.

 

Frank was also a very active member and MC for the St Marys Vietnam Veterans Outpost. His involvement with the Outpost stemmed from two decades of service with the Royal Australian Navy. From 1966 to 1986 Frank had 25 postings across 12 different ships, including his 1969 service aboard the HMAS Derwent as Escort Support in Vietnam. He finished his time with the Navy as a decorated officer.

 

I know Frank’s enthusiasm and good humour will be sadly missed by his many friends at the Sub-branch and Outpost.

 

On behalf of Council and our community I would like to acknowledge Frank’s outstanding contribution to our City and express my sincere condolences to his widow Laraine, children Brooke and Ryan and their families.

 

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Councillor Karen McKeown OAM

Mayor

 

  

RECOMMENDATION

That the Mayoral Minute on The passing of Frank Lawton be received.

 


Ordinary Meeting                                                                                                    26 July 2021

 

Mayoral Minute

The passing of Max Baker

           

 

It is with sadness that I acknowledge the recent passing of Max Baker who worked at Penrith Council for 40 years.

 

Max was born and bred in Penrith, and he joined the organisation as a Junior Clerk in 1949 when he was just 19 years old. Within 10 years he had worked his way up to Chief Accountant and was City Treasurer when he retired in 1989, a role equivalent to Chief Financial Officer.

 

I’m told Max brought strenuous professionalism to Council. Under his stewardship everything ran smoothly, and he left the organisation in a strong financial position. Over the space of his career, Max helped Council build an impressive portfolio of assets and, among other projects, enabled financial programs to fund the current Civic Centre building and the Joan Sutherland Performing Arts Centre. This is an outstanding legacy.

 

When Max started to work at Council, Penrith had a population of 15,000. By the time he retired the City was home to 160,000 people. Over four decades he oversaw great change in financial management systems and helped build the organisational culture and discipline which underlies Council’s continued financial sustainability.

 

Among the changes was the introduction of rate pegging. Max meticulously managed this change and supported a staff proposal to the Department of Local Government to alter the rate pegging formula – a move that benefited Penrith and many other councils.

 

Former colleagues tell me that such was the depth of Max’s corporate knowledge, he wasn’t just consulted on decisions relating to finances, but on anything from engineering to town planning.

 

And it wasn’t just big picture decisions that drew Max’s interest. I’m told his advice was so valued that when then Mayor Brian King was negotiating to have the Bennett Wagons restored, he took Max to each meeting and involved him in every decision.

 

There is no doubt that Max was known for his professional integrity and dedication to his role, but he was also known for his lively contribution to the social scene at Council. He always attended events, loved a joke and was known by staff from right across the organisation as someone who could break down departmental or hierarchical barriers.

 

Max loved Penrith, he loved Council and it seemed the City loved him back. A newspaper report that celebrated his 30th anniversary with the organisation described him as one of “nature’s gentlemen”, a “Penrith stalwart and popular figure at Council”. He is certainly well remembered by many.

 

I would like to express my sincere condolences to Paula, the couple’s five children, nine grandchildren and seven great grandchildren. Please know we appreciate and honour the lasting contribution Max made to our organisation and to the City of Penrith.  


 

 

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Councillor Karen McKeown OAM

Mayor

 

RECOMMENDATION

That the Mayoral Minute on The passing of Max Baker be received.

 


Ordinary Meeting                                                                                                    26 July 2021

 

Mayoral Minute

150th Anniversary of Penrith as a Municipality

           

 

Tonight, we celebrate the 150th anniversary of the first meeting of Penrith Municipal Council. This is a significant milestone, and I know I speak for my fellow Councillors when I say I feel proud to be part of such a long history of decision making in our City.

 

As I shared at our May meeting, Penrith was proclaimed a municipality on the 12th of May 1871, and the first Council meeting was held on the 18th of July. While there was a District Council before this date, the real structure of Local Government was established by the Municipal Council.

 

At the time, Penrith was home to just 836 people and the Council’s area was much more contained. It wasn’t until 1963, by which time St Marys, Mulgoa and Emu Plains were brought together, that Penrith as we know it was finally formed. The Council itself was also far less diverse, as only men could be elected.

 

But gender balance aside, they were certainly a determined and dynamic group. Our first Mayor was James Riley, a prominent citizen who served as the local magistrate for 30 years and raised sheep and thoroughbred horses on his property in Mulgoa. His eight fellow Aldermen, as Councillors were then known, included a local butcher, two publicans, a storekeeper, a farmer and a bootmaker. The local undertaker was the town clerk.

 

Together, these men built the framework of local government, passing bylaws and introducing improvements to increase public safety, health and wellbeing. They championed education, improved sanitation, successfully advocated for electric power and introduced a waste collection service.

 

On behalf of my fellow Councillors and the Penrith community, I would like to acknowledge the legacy these men, and the men and women who followed them, have left for our current Council to build on.

 

Over the past months, we have celebrated this legacy and the anniversary with street signage and banners, and a display of artefacts in our Library. Dependent on COVID-19 restrictions, we will also hold a community event, historical talks, and a civic reception in August. Much of the June edition of Our Place was also dedicated to Council’s history

 

What this history tells us, is that the people of Penrith have always been pioneers and innovators. The fact that our community petitioned to become a municipality in the late 1800s shows they saw the huge potential of their town and wanted to have a say in their future, just as we do today.

 

In acknowledging the 150th anniversary of Penrith Council I applaud the men and women, past and present, who have championed this great City, and look forward to what I know will be a remarkable future.

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Councillor Karen McKeown OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on 150th Anniversary of Penrith as a Municipality be received.

 


Ordinary Meeting                                                                                                    26 July 2021

 

Mayoral Minute

Local Government Professional Excellence and Zest award success

           

 

I’m thrilled to share that Penrith City Council was recently recognised in two prestigious award programs – the Local Government Professionals Excellence Awards and the Western Sydney Community Forum Zest Awards.

 

Penrith secured 11 finalist positions across seven categories in the Local Government awards – the most out of all the councils that entered. This is testament to our incredible people and programs and the work we do every day for our community, and I would like to congratulate all the teams involved in each of these submissions.

 

Our success through the Local Government award’s program also highlighted our exceptional response to the COVID-19 pandemic.

 

Penrith won the Connected Communities and Regions category for our Thursday Night Live Lockdown Series. The weekly one-hour livestreamed music event featured local artists performing from a Penrith based studio to deliver a quality, safe entertainment experience at home in 2020. The series received over 50,000 performance views from people tuning in from across the globe.

 

We also received a highly commended award in the Community Partnerships category for our Village Café – Pop-up Vaccination Clinics. During the height of the 2020 COVID-19 lockdown, the Village Café program pivoted to provide 116 residents with free flu vaccinations, 150 emergency food relief packages to vulnerable people and engage directly with communities to further understand the impact of the pandemic.

 

In addition, Penrith was named in third place in the Australasian Management Challenge, NSW Region at the Local Government awards. The inter-council competition involved teams from 18 Sydney councils competing in a series of fast-paced exercises.

 

Penrith Council was also successful across two categories at the Western Sydney Community Forum Zest Awards which celebrate and promote Western Sydney and the fantastic work of community service organisations, local government and volunteers.

 

Penrith Council won the Outstanding Project Working with Aboriginal Communities in Western Sydney award for our Nations in Cultural Exchange Circle project. Council’s team worked with Aboriginal artist Jai Pittman on this project which was held in Kingswood Park and took young Aboriginal people on a powerful learning journey through song, dance, visual arts and storytelling.

 

We also received a highly commended award in the Outstanding Project Promoting Social Cohesion and Community Harmony for our FORMATIONS project pilot. FORMATIONS was a six-week program to empower young women to actively participate in the decision-making process and to become agents of change to foster social cohesion and community harmony.

 

I would like to congratulate the staff involved in these projects. It is an honour for Council to be recognised in these award programs which celebrate excellence and innovation in local government and our community.

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Councillor Karen McKeown OAM

Mayor

 

RECOMMENDATION

That the Mayoral Minute on Local Government Professional Excellence and Zest award success be received.

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 16 June 2021                                                                                                                 1

 

2        Report and Recommendations of the Access Committee Meeting held on 16 June 2021                                                                                                                                             7

 

 

 

 



Ordinary Meeting                                                                                                    26 July 2021

 

REPORT AND RECOMMENDATIONS OF THE
 Penrith Community Safety Partnership MEETING

HELD ON 16 June, 2021

 

 

 

PRESENT

Councillor Karen McKeown OAM, Penrith City Council; Olivia Kidon, Penrith City Council; Allison Kyriakakis, Penrith City Council; Jeni Pollard, Penrith City Council; Sarah Payne, Penrith City Council; Julie Page, Nepean Blue Mountains LHD - Needle and Syringe Program; Erin Davidson, Penrith City Council; Lila Kennelly, Penrith City Council; Craig Busby, Nepean Police Area Command; Jacob Player, Nepean Police Area Command.

 

APOLOGIES

Gai Hawthorn, Penrith City Centre Association.

 

CONFIRMATION OF MINUTES - Penrith Community Safety Partnership Meeting - 21 October 2020

The minutes of the Penrith Community Safety Partnership Meeting of 21 October 2020 were confirmed.

 

DECLARATIONS OF INTEREST

 

NIL

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

1        Update on the delivery of Community Safety Projects

 

‘Walk With Me’ – Women’s Safety Project

Allison Kyriakakis provided an update on the delivery of the Walk with Me project.

Due to social distancing and COVID safety measures in place throughout most of 2020, Council’s annual Domestic Violence Walk was adapted to adhere to these requirements. 

Silhouettes were installed around the Nepean River bridge-to-bridge walk, Penrith and in Coachmans Park, St Marys. Each silhouette featured personal stories from women who experienced domestic and family violence and contact numbers of local support services.

The silhouettes were installed from 25 November to 10 December coinciding with the 16 Days of Activism against Gender Violence.

Allison acknowledged Erin Davidson and her efforts in leading this project. With support from specialist services from the Nepean Domestic Violence Network, Erin was able to carefully curate stories of women and children who had experienced domestic or family violence in all its forms, including emotional abuse, financial abuse, physical abuse, threats of violence. A lot of work went on behind the scenes to bring this project to life. Well done Erin.

 

FORMATION – Young Women’s Leadership Program

Allison provided an overview of the FORMATION project which was a local young women’s leadership project developed and delivered for young women, by young women, from Council’s Community Resilience Team.

The project responded to an under-representation and disengagement of young women in community life and decision-making through a 6-week training course bringing together a diverse group of young women in Kingswood aged 16 to 35.

The training covered topics such as values recognition, leadership styles and challenges, power, communication, collaboration and public speaking. It supported personal growth for participants and increased understanding and willingness to participate in community life which led to some participants being involved in recent Council-led community engagement activities.

The project was recently nominated for a ZEST award.

 

Warner Graffiti Education Program

Allison advised this is the 12th year delivering the Warner Graffiti Education program to primary and secondary schools within the Penrith Local Government Area (LGA).

A small number of programs have been delivered to schools during March and April 2021 after a decline in program delivery in 2020 due to COVID-19 restrictions.

Warner is a Melbourne based company, and COVID had an impact on direct program delivery for an extended period. During this time schools moved to virtual participation in the Graffiti Education program.

New bookings are being received and scheduled for the remainder of the year with schools keen to see in-person programs return.

 

Stop Sneak Theft 2021

Erin Davidson provided an update on the Stop Sneak Theft program. Council received $10,000 funding from the National Motor Vehicle Theft Reduction Council (NMVTRC) to deliver the ‘Stop Sneak Theft’ campaign in partnership with CarSafe. Stop Sneak Theft is a revised version of ‘Operation Bounce Back’ which has been delivered in the past few years.

Stop Sneak Theft aims to reduce the levels of car theft in the Penrith LGA that occur through residential burglaries, where offenders access car keys through open doors and windows.

The program emphasises the importance of safeguarding car keys and securing the home to reduce the risk of having a vehicle stolen.

 The project runs from May to July 2021 and consists of a few components.

1.  HOYTS cinema adverting

2.  Social media campaign via Facebook and Instagram – a survey link can be accessed               via these posts for a chance to win 1 in 50 Tile Mate personal Bluetooth tracker to                                                                                                                     attach to keys

3.  Letterbox delivery of resources to identified hotspots of vehicle theft within the LGA

4.  Newspaper advertising

 

Illegal Trail Bike Campaign

Olivia Kidon advised that Council delivered an illegal trailbike campaign during the summer months in response to increased community representations on the matter. The campaign aimed to educate the community on legal and illegal riding activity, providing information on potential fines and how to report illegal trailbike activity.

The campaign included social media posts, supported and shared by Nepean Police Area Command, and the delivery of postcards via letterbox drop to targeted locations within the LGA.

 

Nepean Domestic Violence Network – ‘It’s Not Small Talk’

Olivia provided an update on the ‘It’s Not Small Talk’ project being delivered by the Nepean Domestic Violence Network (NDVN). The NDVN was successful in receiving grant funding from ClubsNSW to produce a resource for hairdressers and beauticians to assist in identifying and responding to domestic and family violence.

The resource has not launched yet, however will be delivered by the end of the year. The project includes an A5 resource booklet which provides information on domestic and family violence and referral information; a pull out banner pen with domestic and family violence support numbers, mobile phone apps available for download and tips for safety planning; a lipstick/lip balm tube with support contacts and information discreetly rolled up; and a USB stick with 5 short video scenarios rolled played that hairdressers and beauticians might encounter.

The City Centre Associations will assist the NDVN with the distribution of this resource kit to local hair and beauty professionals.

 

Light My Way – Kingswood Pedestrian Lighting Project

Olivia advised that the Kingswood Pedestrian Lighting project is complete.

A total of 38 pedestrian light poles were installed along Bringelly Road, Wainwright Park and Red Cross Park, Kingswood. The new lighting provides enhanced night time pedestrian safety along the main pedestrian connectivity routes from Kingswood Station to Nepean Hospital, Western Sydney University, Kingswood shopping strip and residential areas.

 

Federal Community Development Grant funded projects

Olivia advised that Council has been successful in receiving funding under the Federal Department of Infrastructure, Transport, Regional Development and Communications Community Development Grants program for a number of projects.

·    CCTV project for Werrington and St Marys

Installation of 22 CCTV cameras at selected locations in the St Marys Town Centre and 8 CCTV cameras installed along Victoria Street shopping strip, Werrington.

The installation of cameras is due to be completed and operational by December 2021 and will be managed in accordance with Council’s Public Spaces CCTV Program Code of Practice.

·    CCTV project for Kingswood shopping strip

Installation of 8 CCTV cameras along the Bringelly Road shopping strip, Kingswood. The installation of cameras is due for completion in July 2022 and will be managed in accordance with Council’s Public Spaces CCTV Program Code of Practice.

The installation of cameras at the above locations is aimed at enhancing public space safety through improved surveillance of these busy locations.

 

 

·    Great River Walk Safety Upgrade

This funding enables the installation of pedestrian lighting along a section of shared footpath from Jamison Road to Nepean Avenue, Penrith. This project is due for completion by August 2022 and aims to improve safe night time pedestrian activity.

 

RECOMMENDED

That the information contained in the report on Update on the delivery of Community Safety Projects be received.

 

 

2        Proposal to Re-establish Alcohol Free Zones and Alcohol Prohibited Areas from 1 July 2021 to 30 June 2025

Background

Allison advised that Council has begun an internal review process and consultations to re-establish Alcohol Free Public Spaces within the Penrith LGA for a further four (4) years from 1 July 2021 to 30 June 2025.

There are currently 87 alcohol free public spaces across the city, including 56 Alcohol free Zones that prohibit the consumption of alcohol on roads, footpaths and car parks and 31 Alcohol Prohibited Areas which prohibit the consumption of alcohol in parks, reserves and open public spaces.

Alcohol Free Zones and Alcohol Prohibited Areas are an enforcement tool to assist police in responding to incidents of alcohol-related antisocial behaviour.

 

Consultation process

Internal consultation with staff and consultation with Police supported the current locations and no further locations were recommended for establishment.

A public notice has been advertised in the local newspaper for a 30-day consultation period inviting representations or objections to the proposal. The consultation period concludes on Thursday 24 June 2021, and to date, no feedback has been received.

In accordance with relevant legislation, a notice to re-establish Alcohol Free Public Spaces has also been sent to the Anti-Discrimination Board, liquor licensees and secretaries of registered clubs (within and adjacent to Alcohol Free Zones and Alcohol Prohibited Areas), and local community groups/organisations inviting representations or objections within 30 days from the date of sending the copy of the proposal.

 

Next steps

Upon completion of the 30-day consultation period, any representations received will be considered and a second report will be prepared for the July Ordinary Meeting recommending the re-establishment of Alcohol Free Zones and Alcohol Prohibited Areas.

More contemporary signage has been designed in line with Council branding and will be replaced in city centre locations in the first instance.

 

Councillor McKeown asked if we consulted with the Penrith CBD Corporation and St Marys Town Centre Management Inc to help them understand the process of re-establishing the locations and how they might impact activities and events.

Allison responded that legislative requirements did not require us the consult with them however that we would contact them.

Allison also advised that the challenge around the legislation is that any proposed locations need to have a history of evidence to support their establishment.

 

RECOMMENDED

That the information contained in the report on Proposal to Re-establish Alcohol Free Zones and Alcohol Prohibited Areas from 1 July 2021 to 30 June 2025 be received.

 

POLICE UPDATE

 

Craig Busby noted that there have been ongoing issues with Party buses in the City Centre.

Operators are dropping intoxicated passengers off at licensed venues which are causing ongoing issues.

 

Operators have met with Police to discuss the issues and have agreed to drop passengers off at the transport interchange at Penrith Station and not within the City Centre.

 

Operators have complied with this request, but issues have come to light in the past few weeks.

 

Craig also said he would like to get the Liquor Accord on board with this issue.

 

Domestic Violence

 

Craig advised that he has no current domestic and family violence statistics but reiterated that they are among the top Police Area Commands regarding reported incidents.

Craig reported that numbers are down this year, but the legal action rate is up.

Evident in the multi-cultural and interfaith groups that there is reluctance to report domestic violence.

 

It was suggested that the Domestic Violence Liaison Officer could be invited to these groups to discuss and address reporting of domestic and family violence in their communities.

 

Council has resource cards that are translated into a number of community languages that might be useful.

 

Outdoor banners are also installed at a few locations across the LGA with ‘This Community says No to domestic violence’ to reiterate and have the 1800 domestic violence number accessible

 

 

GENERAL BUSINESS

 

GB1 Julie Page

 

Julie advised the needle vending machine and disposal bin at St Marys Community Health centre has been going well the past 6 months.

 

The yellow community sharps disposal bins in the community have not been emptied regularly and Julie has had to empty them herself.

 

 

GB2 Craig Busby and Jacob Player

 

Steal from motor vehicles is an issue across the LGA. Craig requested if there was an opportunity to incorporate steal from motor vehicle messages in our projects.

 

There being no further business the Chairperson declared the meeting closed the time being 3.18pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 16 June, 2021 be adopted.

 


Ordinary Meeting                                                                                                    26 July 2021

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 16 June, 2021

 

 

 

PRESENT

Councillor Tricia Hitchen, Councillor Robin Cook, Councillor Todd Carney, Farah Madon, Carole Grayson, Allan Windley, Anthony Mulholland, Dianne Brooks, Matt Roger.

IN ATTENDANCE

Jeni Pollard – City Activation, Community & Place Manager, Lila Kennelly – Community Resilience Coordinator, Claire Galvin – Community Capacity Officer, Hans Meijer – City Assets Manager, Grahame Howe – Building Assets Coordinator, Craig Squires – Building Certification, Michael Jackson – Design and Projects Manager, Sandra Fagan – Senior Planner, Rob Walker – Senior Development Assessor, Matthew Buckley – Major Projects Coordinator.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 14 April 2021

The minutes of the Access Committee Meeting of 14 April 2021 were confirmed.

 

 

UPDATE ON ACTIONS FROM PREVIOUS MEETING

 

GB8  Accessible Parks with Accessible Gym Equipment

 

Currently approximately 30% of parks within the LGA cater for people with disabilities. These sites will be captured as part of the city-wide asset mapping process which is programmed to be undertaken over the next 18 months.

 

GB9  Bus Stop on Glenmore Parkway located out the front of KFC

 

After investigating there is currently no plans to upgrade the pathways, mostly it is a private shopping centre issue. Members of the City Asset team were able to identify that there is an accessible route via alighting at the bus stop and crossing over the roadway towards the Caltex service station and continuing along the pathway into the shopping complex. Carole Grayson raised further concerns that this journey would send people across 2 x large driveways (entry/exit points to the service station) and a loading dock and then down a set of unmarked stairs. Suggestions was made for further discussion to be held with the Management of the Shopping Centre directly, Craig Squires to follow up.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 


 

 DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Development Applications referred to Access Committee

 

DA20/0767          28 Somerset Street Kingswood, Demolition of Existing Structures and Construction of a Seven (7) Storey Accommodation Hotel including 140 Hotel Rooms, Rooftop Bar and Restaurant, Two (2) Levels of Basement Car Parking and Associated Site Works

 

Sandra Fagan spoke to the development application for the Somerset Street development. The proposed development includes construction of a 7 storey ‘medi-hotel’ containing a total of 140 room including a total of 10 accessible rooms (4 located on the ground floor and a further 6 accessible rooms located on upper levels). Included in the design was a total of 46 carparking spaces, including 4 accessible spaces.

Concerns raised by the committee included:

•        Insufficient number of accessible parking spaces

•        Location of accessible parking spaces in relation to the lift

•        Access to the revolving door at the entryway to the hotel, including opening width and circulation

•        Suggested inclusion of a sliding door next to the revolving door

•        Footpath levels relative to the hotel entry

•        Issues regarding the width of corridors and the number of turns to access rooms, particularly on the ground floor

•        No accessible toilets within the ground floor staff facilities

 

DA21/0163         Nepean Creative & Performing Arts High School (115-119 Great Western  Highway, Emu Plains), for the demolition of 2 sheds, construction of a (multi-purpose) school hall and associated tree removal

 

Rob Walker spoke to the development application for the Great Western Highway development. 

Concerns raised by the committee included:

•        No accessible shower facilities provided for in the application

•        An accessible toilet/shower facility needs to be provided close to the existing toilet facilities

•        No accessible toilet provided for staff

•        Connectivity for wheelchair access to landscaped area

•        Suggestion of an additional central handrail on corner stairs entering the building

•        Suggestion of rumble strips on the approach to the crossing of roadway within the carpark

DA21/0262          12 River Road Emu Plains, Construction of Pavilion Structure at Regatta Park East incorporating Café, Seating Areas, Playground, Amenities and Public Event Space

 

Craig Squires spoke to the development application for the Great Western Highway development.

Concerns raised by the committee included:

•        The use of decomposed granite, need to ensure it is smooth for ease of use for wheelchair access

•        Limited accessible pathways leading to the water

•        Location of baby change table within the accessible toilet, request to relocate the baby change table elsewhere, freeing up the accessible toilet

         

RECOMMENDED

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

 

 

 

Outcome 6 - We are healthy and share strong community spirit

 

2        Parks for People - Tench Reserve Project

Michael Jackson introduced Craig Chen (DPIE) and Jason Packenham (Context Landscape Architecture) who presented on the Parks for People project.

Currently in the detailed design phase. The confidential design presented included a series of precincts within the site including the Wharf Precinct, Riverside Precinct, Play Precinct, and Jamison Precinct.

Concerns raised by the committee included:

•        The number of switchbacks including the size of landings

•        Suggestion of additional seating at some of the landings

•        Preference that the toilet facilities be located at the top of the park area closer to the roadway

•        Suggestion for accessible play equipment to be incorporated within the Play Precinct

         

RECOMMENDED

That the information contained in the report on Parks for People - Tench Reserve Project be received.

 


 

 

3        Proposed Council community consultation process for Disability Inclusion Action Plan 2022-2026

Claire Galvin provided an update on the plan for community consultation to develop Council’s new Disability Inclusion Action Plan. The due date for the updated plan has been extended until 1 July 2022 due to COVID-19 and to allow for a thorough community consultation process which will include a series of focus groups, general open community consultation as well as submissions via email/phone calls etc. The consultation period is proposed to run between August – October 2021 and will then allow Council officers time to collate and prioritise actions that will be included in the next plan.

Dianne Brooks suggested that Wellways Australia be invited to participate in the focus groups.                                                                                                                                      

RECOMMENDED

That the information contained in the report on Proposed Council community consultation process for Disability Inclusion Action Plan 2022-2026 be received.

 

 

4        Update on the Gipps Street redevelopment of the former Waste site located in Claremont Meadows                                                                                                         

Matt Buckley provided an update on the overall masterplan layout for the Gipps Street redevelopment along with Tim Field (Group GSA) the lead designers for the project. This project is a new $15 million dollar community and sports precinct.  

 

The project will include accessible paths, 32 accessible parking spaces, accessible amenities and fully accessible play pieces.

 

RECOMMENDED

 

That the information contained in the verbal report on Gipps Street redevelopment of the former Waste site located in Claremont Meadows be received.

 

         

GENERAL BUSINESS

 

GB 1           Claire Galvin Resignation  

 

Jeni Pollard advised that Claire Galvin has resigned from her position with Penrith City Council effective 14 July 2021. The committee thanked Claire for her hard work and diligence over many years at Penrith City Council and wished her well in her move.    

 

 

GB 2           Livvis Place, Jordan Springs      

Dianne Brooks raised concerns regarding gardens in and around the BBQ area and Basketball Court.  Hans advised that the park is currently under Lend Lease management and further planting is planned.

 

GB 3           Footpath  

Hans advised that works have been completed installing a path at the southern end of the River Road just before Leonay Parade providing a good connection point from the M4 to Leonay Parade.

 

GB 4           Nepean Hospital Redevelopment        

Matt Roger provided an update that construction of a new ramp in the Nepean Hospital Redevelopment, connecting the pathway from Parker Street to the carpark, will commence later this year.

 

Nepean Hospital construction site tour including an upgraded accessible lift that senses a mobility aid/wheelchair or stretcher allowing the doors to stay open longer.

 

GB 5           Accessible Taxi Rank at St Clair Shopping Centre       

Matt Roges has made representations to the management of the St Clair shopping centre re the lack of an accessible taxi rank at the centre

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7.48pm.

 

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 16 June, 2021 be adopted.

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Outcome 2 - We plan for our future growth

 

1        Submission on Employment Zones Reform                                                                      1

 

2        Planning Proposal for 61-79 Henry Street Penrith to Gateway

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                19

 

3        Voluntary Planning Agreement offer by Lendlease for 16 Chapman Street Werrington

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                31

 

4        Implementation of the Flood Prone Land Package                                                         41

 

 

 

Outcome 3 - We can get around the City

 

5        Submission Inquiry into Mobile Speed Camera Enforcement Programs in NSW          51

 

6        Acceptance of Grant Funding under the NSW Government's Local Government Road Safety Behaviour Program 2021-22                                                                                59

 

 

 

Outcome 4 - We have safe, vibrant places

 

7        Magnetic Places 2021                                                                                                      65

 

8        Establishment of Alcohol Free Zones and Alcohol Prohibited Areas for 2021-2025      75

 

9        RFT20/21-31 Kingsway Sports Fields Irrigation System                                                 82

 

 

 

Outcome 6 - We are healthy and share strong community spirit

 

10      Outcomes of Youth Week Forum on Housing                                                                 91

 

11      Community Assistance Program Planned Component 2021-22                                     95

 

12      Real Festival Event Strategy and 10 Year Plan 2021-2031                                          104

 

13      Naming of PP&VA Atrium Foyer in Recognition of The Hon. Peter Anderson AM       112

 

14      Greater Cities Sports Facility Fund - Successful Grants                                               115

 

 

 

 

 

Outcome 7 - We have confidence in our Council

 

15      Audit, Risk and Improvement Committee                                                                      123

 

16      Compulsory Acquisition by Sydney Metro - 11-13 Chesham Street St Marys              133

 

17      Penrith Valley Regional Sports Centre (PVRSC) Loan Repayment Deferment Request 136

 

18      Summary of Investment & Banking for the Period 1 June 2021 to 30 June 2021        138

 

 

 

 

 


 

 

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        Submission on Employment Zones Reform                                                                      1

 

2        Planning Proposal for 61-79 Henry Street Penrith to Gateway

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                19

 

3        Voluntary Planning Agreement offer by Lendlease for 16 Chapman Street Werrington

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                31

 

4        Implementation of the Flood Prone Land Package                                                         41

 

 

 

 

 

 



Ordinary Meeting                                                                                                    26 July 2021

 

 

 

1

Submission on Employment Zones Reform   

 

Compiled by:               Nicole Dukinfield, Principal Planner

Brendan Murton, 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

      

 

Executive Summary

The purpose of this report is to seek endorsement of Council’s submission on the Department of Planning, Industry and Environment’s (DPIE) Employment Zones Reform project. The Employment Zones Reform proposes to consolidate the nine existing employment and industrial zones into five employment zones, two mixed use zones and one new flexible zone, increases the numbered of mandated uses, and updates 13 land use terms and adds three new terms.

 

The Employment Zones Reform is a translation of existing employment zones to new employment zones and is not an opportunity for rezoning of individual sites. Therefore, councils are not required to prepare individual Planning Proposals. DPIE will gazette the new zoning framework via a self-repealing SEPP and the complexity of the zone translations will then determine when the principal Local Environmental Plan (LEP) will be amended - Tranche 1 by the end of May 2022 or Tranche 2 the end of July 2022.

 

The proposed Employment Zones Framework was on public exhibition from 20 May – 30 June 2021. As this timeframe did not allow a report to be made to Council, a draft submission has been provided to DPIE on the understanding that a report would be made to the next available meeting of Council to endorse a final submission as provided in Appendix 1. Should the submission be endorsed, it will be submitted to DPIE as Council’s final submission.

 

Submission

·    The proposed employment zones framework and its intent is generally supported, with the proposed suite of zones considered to be a logical, modern, and complementary consolidation of the existing zones.

·    Council has concerns about the compatibility of certain mandated uses in some proposed zones due to potential amenity impacts, and the inclusion of offices and business premises in the E3 Productivity Support zone due incompatibility of these uses and potential impacts on Penrith’s centres hierarchy.

·    Council’s preference is for more flexibility around some mandated uses that lack compatibility, to achieve desirable planning outcomes for our community that better respond to the local context and are aligned with Councils’ strategic directions.

·    The DPIE should undertake a review of SEPPs to ensure that they are aligned with the employment zones reform.

·    The proposed amended, consolidated, and new land use terms and definitions are generally supported and considered to better reflect contemporary uses and support the employment zones framework appropriately. Comments have been provided on seven terms outlining issues or ways to improve the amendments.   

·    It is expected that Council will have input in all stages of the implementation, including the ability to review and confirm the final employment zones framework prior to it being gazetted.

·    It is anticipated that the timeframes outlined for Tranche 2 to be more realistic and achievable, and recommended that a 4-week delayed commencement of the zoning framework after gazettal to enable Council’s to update their planning information systems including planning certificates.

·    It is requested that any submissions received by the community following the public exhibition are made public or shared with the relevant Council.

Background

In late 2020, the DPIE began to engage with selected Councils on their intention to refine the zoning framework for employment lands. A Councillor Memo was sent on 5 March 2021 providing an overview of this reform project. Following further information provided by DPIE, initial views were also included in a Councillor Briefing on the 17 May 2021. A Councillor Briefing was held on 12 July 2021 to further brief Council on the reform and to seek feedback to inform the submission.

 

The proposed Employment Zones Framework was on public exhibition from 20 May – 30 June 2021. As this timeframe did not allow a report to be made to Council, a draft submission has been provided to DPIE on the understanding that a report would be made to the next available meeting of Council to endorse a final submission. The final submission will be provided to DPIE should Council endorse it as provided in Appendix 1.

 

The proposed Employment Zones Framework applies to Local Environmental Plans only, it does not include land zoned under State Environmental Planning Policies such as Penrith Lakes, Western Sydney Employment Area, St Marys Release Area and the Aerotropolis.

 

Summary of Employment Zones Reform

 

Overview of Proposal

The proposed Employment Zones Reform seeks to update the employment zoning framework to better align with the way cities are evolving; provide greater certainty to business, councils and the community, support council’s long-term strategic planning objectives; support businesses and industry to grow and adapt; and facilitate business innovation and change now and into the future.

 

To achieve this, a simpler and more flexible employment zone framework is proposed that includes the following changes:

 

·    Consolidation of the nine existing employment and industrial zones into five employment zones:

E1 Local Centre

E2 Commercial Centre

E3 Productivity Support

E4 General Industrial

E5 Heavy Industrial

·    Provision of two zones that enable a range of land uses, including employment, but which are not primarily business focussed:

MU1 Mixed Use

W4 Working Foreshore

·    Introduction of a new zone which allows flexibility and bespoke planning of unique precincts:

SP4 Local Enterprise

·    An additional 97 mandated uses across the employment zones framework.

·    The addition of three new land use definitions, ten amended definitions and three consolidated definitions. 

 

Proposed employment zones framework

The framework proposes the following zones:

 

E1 Local Centre

·    Replaces B1 Neighbourhood Centre and B2 Local Centre.

·    Provides for a range of retail, business, entertainment, and community uses that serve the local area.

·    Mandated residential uses continue to include shop top housing and boarding houses.

 

E2 Commercial Centre

·    Replaces B3 Commercial Core, and provides for large-scale commercial, retail and business uses, as well as compatible associated uses, such as recreation, health services and community uses.

·    Could also replace some large B2 Local Centres, some B4 Mixed Use where focus is on jobs, and some B7 Business Park areas.

·    Retains employment focus and has no mandated residential uses.

 

E3 Productivity Support

·    Replaces B5 Business Development, B6 Enterprise Corridor, and some B7 Business Park zones.

·    Allows for a mix of services, low impact industry, creative industry, manufacturing, warehousing, office and limited supporting and specialised retail (bulky goods).

·    Provides for new and emerging industries, as well as a range of supportive uses that require a larger lot/floorplate, and that are not suitable for or compete with other locations.  

·    Wide mix of mandated uses including offices, business premises, specialised retail, light industry, and recreation facilities. Does not mandate general industrial uses. 

 

E4 General Industry

·    Replaces IN1 General Industry and IN2 Light Industry.

·    Mandated uses support for a range of light and general industry, warehousing and distribution, and infrastructure and utilities. Retailing is limited to meeting daily needs of workers or to sell products manufactured on site.

 

E5 Heavy Industrial

·    Replaces IN3 Heavy Industry and potentially some IN1 General Industry

·    Mandated uses support heavy and general industry, warehousing and distribution, and infrastructure and utilities that require separation from other land uses.

·    Incompatible developments are excluded to ensure the lands productive use and protects its long-term viability.

 

MU1 Mixed Use

·    Replaces B4 Mixed Use, and potentially some large B2 Local Centres.

·    Mandated uses support a mix of residential, retail, light industry, and tourist accommodation.

·    Proposed to be a genuine mix of uses with no one dominant use.

 

SP4 Local Enterprise

·    A new, flexible zone that allows customizable land use table for unique and innovative employment-focused precincts. 

·    Proposed to only apply in specific and predetermined circumstances that are in accordance with the objectives of the zone and is subject to endorsement by DPIE.

·    Would also provide a future zone for planned precincts processes, Special Activation Precincts, and Regional Jobs Precincts in the event of these precincts and processes are integrated into the Standard Instrument LEP.

 

W4 Working Foreshore

·    Direct translation of working IN4 Working Waterfront.

 

New and amended definitions

The proposal also includes adding three new land use definitions, ten amended terms and three consolidated definitions.  The table below outlines the changes.

 

Land Use Term

Change

New Definitions

Domestic goods repair and reuse facility 

Low impact facilities suited to neighbourhood collection waste materials.  

Sub-term of light industries not waste recovery facilities; support proposed Codes SEPP amendment.  

Creative Industry 

New definition that provides a catch-all for creative industries and activities, and their outputs Includes production, workshops, display/performance, and sale of items.

 

Data centre

To cover a building used for the collection, storage, process and distribution of electrical data.  

Amended Definitions

Business premises 

Update to remove reference to outdated land use terms (internet facilities).

Crematorium

Update to account for new inurnment process.

 

Industrial retail outlet 

Update to allow industrial retail outlet to sell the outputs of a creative industry.

 

Kiosk

Update to remove outdated product reference (camera film etc).

 

Local distribution premises 

Remove link from parent term ‘warehouse and distribution centre’ to create standalone definition to facilitate ‘last mile distribution’ (parcel lockers and click and collect etc) in centres/zones.

 

Warehouse or distribution centre 

Remove link from local distribution centre.

Neighbourhood shop 

Update definition to be less ‘ambiguous and limiting’ regarding ancillary service such as post office, bank, or dry cleaner.

Shop top housing 

Expand possible ground floor uses by allowing commercial premises and health services facilities.

Self-storage units

Remove link from parent term ‘storage premises’.

 

Consolidated Terms

Home Improvement retail premises 

 

Consolidation of hardware and building supplies and garden centres. 

 

Trades retail premises 

 

Consolidation of landscaping material supplies, rural supplies & timber yards.

 

Storage and distribution premises 

 

Consolidation of storage premises & warehousing or distribution centre.

 

 

Implementation and timeframes

Given the significance of the revised employment zones framework, proposed timeframes for implementation and impacts on resourcing within Council’s, the DPIE will be largely leading the transition of the new zoning framework. Councils are not required to prepare individual Planning Proposals, as the DPIE will gazette the new zoning framework via a self-repealing SEPP. This SEPP will amend Penrith LEP 2010.

 

As part of the exhibition materials, the DPIE have prepared an Implementation Plan to demonstrate how the translation will occur. The Implementation Plan outlines that:

·    Delivery of the translation will occur in two tranches. All Council’s will begin on Tranche 1. For Council’s that do not meet the timeframes for finalisation outlined in Tranche 1, they will move to Tranche 2. It is anticipated that Councils who have a relatively straight forward translation will have their LEPs amended in line with the timeframes for Tranche 1. Tranche 1 Council’s will have their LEPs amended by the end of May 2022, with Tranche 2 LEP’s amended by the end of July 2022.

·    The DPIE will support Council’s by preparing the anticipated zone translation. Council’s role will be to validate the translation, and refine the zone application, additional permitted uses, objectives and local provisions. The Implementation Plan outlines that all Council’s will receive their zone translation in August 2021. An Implementation Toolkit will be provided to all Council’s to assist in the translation.

 

Given the broad range of existing employment zones and local provisions in Penrith LEP 2010, it is likely Council will not be in a position to review and confirm the translation with DPIE to meet the timing for finalisation as part of Tranche 1. The timing of Tranche 2 implementation appears more realistic and achievable.

 

The Implementation Plan outlines that once Council has reviewed and confirmed the translation with DPIE, the DPIE will then publicly exhibit the draft SEPP amendment and Explanation of Intended Effect (EIE). This will provide the public and landowners with an opportunity to comment on the proposed translation, prior to it being finalised by DPIE. It will also give Council an opportunity to further analyse the translation to ensure it is compatible with previous zones and related land uses.

 

Council’s submission requests that any submissions made to DPIE on the proposed framework that are relevant to Penrith LEP 2010 are shared with Council to ensure that Council is aware of the views of the community, landowners and industry.

 

 

Submission

 

A draft submission was made to the DPIE by the closing date of the exhibition being 30 June 2021, noting it was subject to formal Council endorsement. As this timeframe did not allow a report to be made to Council to endorse a submission, a draft submission has been provided to DPIE on the understanding that a report would be made to the next available meeting of Council to endorse a final submission.

 

 A final submission is provided in Appendix 1. This submission is summarised below:

 

Proposed employment zone framework

·    The proposed employment zones framework is generally supported, with the proposed suite of zones considered to be a logical, modern and complementary consolidation of the existing zones.

·    The proposed E zone prefix is confusing due to the existing set of environmental zones that already use the E prefix. It is proposed that the prefix be changed to a B for business zones.

·    Council has concerns about the compatibility of certain mandated uses in some proposed zones due to potential impacts on the amenity of neighbouring uses, such as vehicle repair stations in E1 Local Centre, E2 Commercial Centre and MU1 Mixed Use, and light industry in MU1 Mixed Use.

·    The inclusion of offices and business premises in the E3 Productivity Support zone is not supported due incompatibility of these uses with the zone objectives and the potential impacts on the viability and competitiveness of Penrith’s centres hierarchy.

·    Council’s preference is for more flexibility around some mandated uses that lack compatibility, to achieve desirable planning outcomes for our community that better respond to the local context and are aligned with Councils’ strategic directions.

·    The final employment zones framework will inform how Council continue to use, or expand the use, of local provisions to achieve desired planning outcomes in specific locations.

·    A significant portion of Penrith’s current and future employment land is administered under a SEPP. The DPIE should undertake a review of SEPPs to ensure that they are aligned with the employment zones reform and improve consistency within the planning system.

New and amended definitions

·    The proposed amended, consolidated, and new land use terms and definitions are generally supported and considered to better reflect contemporary uses and support the employment zones framework appropriately.

·    Comments have been provided on seven terms outlining issues or ways to improve the amendments.   

 

Implementation and timeframes

·    It is Council’s expectation that this translation will be carried out in partnership, and that Council will have input in all stages of the implementation, including the ability to review and confirm the final employment zones framework prior to it being gazetted.

·    Clarification is sought whether Council will be able to introduce new local provisions through the SEPP in line with the translation of zones, or whether this will need to be carried out as an individual Planning Proposal following the gazettal of the new zones.

·    It is anticipated that Council will not be able to meet the timeframes for Tranche 1, and considers timeframes outlined for Tranche 2 to be more realistic and achievable, particularly due to Council reporting timeframes. 

·    It is requested that any submissions received by the community following the public exhibition are made public or shared with the relevant Council.

·    It is recommended DPIE include a 4-week delayed commencement of the new zoning framework once gazetted to enable Council’s to update their planning information systems and planning certificates.

 

Next steps

 

Should Council endorse the submission provided in Appendixt 1, it will be submitted to DPIE as Council’s final submission.

 

As outlined within the Implementation Plan that was placed on public exhibition, Council is anticipated to receive a toolkit and the translation of zones from DPIE in August. Once this is received, Council will review the information and confirm or request changes to the proposed translation of zones. If Council completes this by the end of November, Penrith LEP 2010 will be amended as part of the Tranche 1 amendments and gazetted in May 2022. Otherwise, Council will have until the end of February 2022 as part of Tranche 2 amendments, to confirm or request changes to the proposed translation of zones, with gazettal to occur in July 2022.

 

The proposed translation of existing zones into the proposed zones will be publicly exhibited after Council confirms the new zones, giving the community an opportunity to comment prior to the new zoning framework being gazetted. This consultation will be managed by the DPIE.

 

Councillors will continue to be briefed on relevant updates as this reform project progresses.

 

Financial Implications

 

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

Risk Implications

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

 

Conclusion

The objective of supporting economic activity and post-COVID 19 recovery, and growing and diversifying local jobs is aligned to Council’s Community Strategic Plan, Local Strategic Planning Statement, and draft Employment Lands Strategy. Council is supportive of the intent of the employment zones reform and committed to working with DPIE to ensure that the Employment Zones Reform leads to strong economic and desirable planning outcomes for our community.

 

The proposed employment zones framework is generally supported, with the proposed suite of zones considered to be a logical, modern and complementary consolidation of the existing zones. However, concerns are raised about the compatibility of certain mandated uses in some proposed zones due to potential impacts on the amenity of neighbouring uses and effects on the wider network and structure of employment land, including Penrith’s centres hierarchy.

 

Council’s submission identifies these concerns and proposes alternative solutions whilst still meeting the objectives of the reform. Preference is for more flexibility around some mandated uses that lack compatibility, to achieve desirable planning outcomes for our community that better respond to the local context and are aligned with Councils’ strategic directions.

 

The final employment zones framework will inform how Council continue to use, or expand the use, of local provisions to achieve desired planning outcomes in specific locations.

 

RECOMMENDATION

That:

1.     The information contained in the report on Submission on Employment Zones Reform be received

2.     The submission provided in Appendix 1 be endorsed and submitted to the Department of Planning, Industry and Environment as Council’s final submission.

 

 

ATTACHMENTS/APPENDICES

1.

Submission on Employment Zones Reform

10 Pages

Appendix

  


Ordinary Meeting                                                                                                                  26 July 2021

Appendix 1 - Submission on Employment Zones Reform

 

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Ordinary Meeting                                                                                                    26 July 2021

 

 

 

2

Planning Proposal for 61-79 Henry Street Penrith to Gateway   

 

Compiled by:               Breannan Dent, Planner

Natalie Stanowski, Principal 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

 

Previous Items:           Planning Proposal for 61-79 Henry Street, Penrith - Councillor Briefing - 17 May 2021   

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

 

Proponent: BCM Property Group

Landowner: Australian Foundation for Disability (AFFORD)

 

Executive Summary

This report seeks Council’s endorsement to forward the Planning Proposal for 61-79 Henry Street, Penrith (the Henry Lawson Centre) to the Department of Planning, Industry and Environment, seeking a Gateway Determination to commence the plan making process. If endorsed, a Gateway Determination will set conditions for the Planning Proposal to proceed to public exhibition. The Planning Proposal was lodged by the proponent, BCM Property Group, on behalf of the property owners, the Australian Foundation for Disability (AFFORD).

The Planning Proposal seeks to amend planning controls within Penrith Local Environmental Plan (LEP) 2010 to allow Residential Accommodation as an Additional Permitted Use (APU) on the site. The Planning Proposal also seeks to ensure a minimum delivery of non-residential land uses to support the commercial core. No other LEP controls are proposed to be changed by the Planning Proposal.

The Planning Proposal was reported to Council at the Councillor Briefings held 4 May 2020, 9 November 2020 and 17 May 2021. Details outlining what was reported and discussed at these meetings has been included in the background section of this report.

An assessment of the Planning Proposal is complete. This report seeks Council’s endorsement to provide the Planning Proposal to the Department of Planning, Industry and Environment for a Gateway Determination.

 

Site Description

The subject site, 61-79 Henry Street, Penrith, also known as ‘The Henry Lawson Centre’ (Lot 1, DP771927) is Zoned B3 Commercial Core and located in Penrith City Centre. Figure 1 identifies nearby local open space, heritage sites and the Penrith Court House Justice Precinct.

The site has an area of 16,160m2, with frontages to Henry Street, Lawson Street and North Street. A 3m wide drainage easement runs through the centre of the site from east to west, with a branch to Henry Street.

Key planning controls that apply to the site under Penrith LEP 2010 are as follows:

·    Zone: B3 Commercial Core

·    Floor Space Ratio (FSR): 4:1

·    Height of Buildings (HoB): 56m to the north of the site and 24m to the south

 

In Penrith City Centre, the B3 Commercial Core zone is intended to facilitate economic development and the provision of jobs in the City Centre. Residential development is not permissible in this zone.

The site is identified as Key Site 8 in Penrith LEP 2010. Key Sites are brought into effect by clause 8.7 of Penrith LEP 2010 and the Community Infrastructure Policy, which enables development to exceed HoB and FSR controls if community infrastructure is provided consistent with the requirements of the policy. For Key Site 8, development may exceed the building FSR and HoB controls, up to a total FSR of 5.5:1.

 

 Map

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Figure 1 – Aerial view of the Subject Site

 

The Planning Proposal

The Planning Proposal seeks to permit residential accommodation land uses on the subject site as an APU, if development retains commercial uses through an FSR of 2:1 for non-residential uses. The additional permitted use is sought through an amendment to Schedule 1 of Penrith LEP 2010 and the Additional Permitted Uses map. The Planning Proposal does not seek to change the zone. Residential accommodation includes all residential land use types, including residential flat buildings, seniors housing and shop top housing.

A “sunset clause” is proposed so that the LEP provision will cease to be able to be applied to new development applications five years after the date the LEP amendment is made. This sunset clause is proposed to ensure that the development of the site occurs in a timely manner.

Future development of the site under the proposed LEP controls have the potential to deliver:

·    7,515sqm GFA of retail, e.g., supermarkets, speciality retail, restaurants and cafes,

·    16,715sqm GFA of commercial office campus with versatile floorplates,

·    8,080sqm GFA of hotel and serviced apartments,

·    ~5,000sqm multi-purpose public domain area; and

·    Around 455 residential apartments with a provision of seniors housing, assisted living and affordable housing.

A future proposed development could deliver up to, approximately, 88,880sqm of mixed-use gross floor area.

The Planning Proposal is provided as an enclosure to this report.

Background

The Planning Proposal was first reported to Council at the Councillor Briefing of 4 May 2020, where Councillors identified further matters to be addressed in the Planning Proposal assessment.

Council officers worked with the proponent to revise the Planning proposal in accordance with Council’s comments, then briefed Council on the Planning Proposal again on 9 November 2020 after Local Planning Panel advice had been received. At the briefing, Council was advised that further amendments to the Planning Proposal would be required to resolve key economic matters.

On 17 May 2021, Councillors received a briefing on the updated Planning Proposal. The proponent has now made a further update to resolve key considerations raised in the Briefing, and the final version of the Planning Proposal is provided as an enclosure to this report.   

 

Local Planning Panel Advice

The proposal was presented to the Local Planning Panel (LPP) for advice on 23 September 2020. The LPP did not object to the Planning Proposal, however the LPP provided advice recommending matters that should be considered in assessing the Planning Proposal. These matters are generally consistent with considerations raised by Council and council officers. The LPP advice is provided in Attachment 1 and is summarised below.

•        A further review of the proposed 1:1 ratio for commercial premises where residential accommodation is provided and the 0.5:1 ratio for hotel uses. This is to ensure development outcomes are aligned with Council’s broader strategic intent for provision of jobs and commercial floor space.

•        Inclusion of a sunset clause.

•        Further stormwater and drainage assessment and traffic impact analysis.

•        Securing public benefits, such as open space and affordable dwellings.

•        Removing application of LEP Clause 4.6 permitting variation of the floor space.

•        Design and formulation of building envelopes should consider State controls and views to the Blue Mountains.

Assessment of Proposal

The assessment of the proposal against key considerations is provided below.

Economic Impact Assessment

The proposal seeks to reduce the potential employment floor space that could be achieved on the site if developed under existing controls. An assessment of economic matters has been necessary to ensure that the reduction of employment floorspace through the proposed FSR for the additional permitted residential land uses does not compromise Penrith City Centre’s job or employment floor space targets.

This matter was raised by both Council and the Local Planning Panel and has been addressed through amendments to the Economic Impact Assessment (EIA) supporting the Planning Proposal and an independent assessment by Council.

The independent assessment determined an appropriate distribution of economic lands in the Penrith City Centre and enables an assessment of how the Planning Proposal will affect Penrith’s economic and job growth targets.

The assessment found that:

•     The site currently constitutes 13.67% of the Penrith City Centre’s net capacity for employment lands under Council’s existing planning controls.

•     The subject site should provide 1,095 jobs to achieve Council’s aspirational job target ratios from the Draft Employment Lands Strategy (ELS). The Economic Impact Assessment (EIA) provided as Appendix 4 of the Planning Proposal anticipates that the proposed ratio of 2:1 will generate approximately 1,317 jobs.

•     To achieve its job targets, Council’s initial assessment indicated that the site should have the capacity to deliver between 32,839sqm to 42,035sqm of employment lands to meet job targets. The first version of the Proposal provided 22,840sqm. The revised proposal now provides approximately 32,300sqm, with this floor space supported by the EIA. The seniors living and community use components may deliver additional employment floor space, however, there is no guarantee that these components will be delivered.

•     The proposed minimum commercial FSR will not provide sufficient employment lands to accommodate the Job Containment Ratio generated through the Draft Employment Lands Strategy.

•     Controls relying on the development of a hotel on the site may skew ratios of residential and commercial development. For this reason, and the fact that hotel development is already permissible under the zone, the proposed distinct hotel ratio is not supported. 

The Draft Employment Lands Strategy (ELS) sets the objective to retain and protect employment lands in the Penrith City Centre. Draft ELS is currently on public exhibition which will conclude on 3 August 2021.

The Planning Proposal was submitted before the Draft ELS and supporting analysis of the Penrith Employment Lands was completed. The findings of the analysis supporting the ELS challenge the value of providing additional residential dwellings in the Penrith City Centre and identify a deficit in the supply of employment lands. Consideration of the potential for the site to provide affordable and accessible housing must be balanced against the economic impacts of the reduction of employment lands. 

The above findings prompted Council officers to request that the proponent review their proposed ratios of residential to non-residential uses and the supporting EIA. As a result, the planning proposal was amended to provide a minimum non-residential FSR that has now been increased to 2:1. The Planning Proposal now provides sufficient information to address the reduction in commercial floor space and the Economic Impact Assessment has been updated to include consideration of the ELS.

Justice Precinct – Penrith Progression

The subject site is located within Justice Precinct under Penrith Progression – A Plan for Action. The development of this precinct is critical to achieving Council’s economic targets for this area. The Planning Proposal has been updated to consider this plan, and initial consultation with the Department of Justice has been undertaken. The Department of Justice does not object to the Planning Proposal, however, they would oppose residential development directly overlooking the Court House identified in Figure 1. The amendments are consistent with Penrith Progression objectives. As the orientation and design of buildings will be finalised in a future Development Application, matters relating to overlooking the Court House by the proposed residential dwellings in the Justice Precinct will be considered at that stage. 

Social Impact Assessment

The Planning Proposal seeks to permit a residential use in Penrith City Centre, where Councils existing planning controls and other policy documents are orientated toward the provision of employment lands. Council’s existing contributions plans do not consider this land for residential development, and currently cannot fund additional community infrastructure. Access to community infrastructure is critical for future residents. If Council permits future residential accommodation on this site, it needs to consider how the social infrastructure required to support this future community can be delivered. 

Council requested that the proponent provide a Social Needs Analysis (SNA) to assist with determining the existing and required social infrastructure. The proponent has provided the SNA, which identifies:

•     a need for public open space, as there is no existing open space within 400m of the site. Various strategic plans, including the Penrith Sport and Recreation Strategy 2020, identify the need for high density residential dwellings to have access to public open space. The Western City District Plan specifies that all high density residential areas (over 60 dwellings per hectare) should be within 200 metres of open space.

•     the community infrastructure and uses indicated in the Planning Proposal’s concept designs are supported, however, there is no existing plan to deliver these outcomes.

The LPP supported the need to secure social infrastructure for the site. A key feature of the planning proposal was the ability to deliver affordable and diverse housing, including seniors housing, on a site within the city centre. However, the Planning Proposal did not provide any mechanism to secure this outcome. The proponent has agreed to submit a Voluntary Planning Agreement (VPA) to secure 20% of any future residential accommodation developed on the subject site as a mix of affordable, accessible and seniors living dwellings. Further work will be required in relation to achieving diverse housing outcomes during the development of a VPA and will be reported back to Council.

 

The proponent has also offered to submit a VPA to deliver open space as a form of community infrastructure to support the proposed delivery of residential accommodation, as there is limited access to existing public open space from the site. This open space may also be considered to contribute to the site’s delivery of “community infrastructure” under clause 8.7 of the LEP, if the proponent seeks to capitalise on the site’s additional floor space as a Key Site. It is expected that this matter will be resolved through future VPA negotiations after a Gateway Determination is received.

 

In addition, any future development will be required to provide contributions towards the delivery of local open space in Penrith City Centre.

 

The provision of open space and affordable housing are all outstanding matters, as the proponent has not come forward with a formal letter of offer to enter into a VPA at this time.

 

Council officers intend to commence the VPA process if the Planning Proposal is endorsed by Council and a Gateway Determination is received.

 

A draft VPA will be reported to Council for endorsement so it can be exhibited at the same time as the Planning Proposal.

Consistency with City Centres strategic framework

The Planning Proposal has been assessed in the context of two key Council strategies, the Draft Employment Lands (ELS) strategy and the Interim East-West Corridor Strategy that set the policy framework for future land use change within the Penrith City Centre, to ensure consistency with the strategy objectives. Council was briefed on the Draft ELS on 19 April 2021.

The Planning Proposal is generally consistent with the Interim East-West Corridor Strategy, which seeks to introduce residential land uses within the precinct around Evan Street and Henry Street. In respect to the Draft Employment Lands strategy, as detailed earlier, the proponent has revised the minimum commercial FSR proposed to maintain the integrity of our commercial core.

Flood Evacuation, Stormwater and Drainage

The site is affected by overland flow flooding but is not affected by the Nepean River Probable Maximum Flood.

Impacts of flooding need to be considered in the Planning Proposal, rather than a future development application, as the proposal is seeking to introduce residential land uses and the Ministerial Direction requires flood free access for any proposed new residential zoned land to be demonstrated.

Access to and from the site in a flood event is an ongoing concern, as the site may be isolated by a combination of Probable Maximum Flood (over roads off site) and overland flows (on site) during flooding events. The proponent has proposed a shelter in place strategy, however, this is not supported on the grounds of previous state agency advice in this regard. It is anticipated that the Gateway Determination will require consultation with State Emergency Services. The LPP also identified that further stormwater and drainage assessment is required.

The Soper Place and surrounding businesses are already at risk from flooding. It is important that future access to the site does not impede Soper Place flood management and that evacuation is achievable.

Penrith City Centre is a river city within the Hawkesbury Nepean Valley Catchment which comes with risks and challenges, particularly around flood evacuation. As a result, an Adaptive Management Framework (AMF) has been prepared by the Department of Planning, Industry and Environment (DPIE) to match development and greater resilience to flood management in the City.

When assessing development for the erection of a building for residential purposes on land in the Penrith City Centre, section 4.15(1)(a)(iv) of the Environmental Planning and Assessment Act 1979 requires Council to consider the AMF (see also section 92(1)(f) of the Environmental Planning and Assessment Regulation 2000)

The AMF provides for development for the erection of a building for residential purposes in the Penrith City Centre to occur in 3 stages. The AMF proposes to deliver 14,500 dwellings to support Penrith as a Strategic Centre via the 3 stages broken down as follows:

•     Stage 1 – 4050 dwellings

•     Stage 2 – additional 6000 dwellings

•     Stage 3 – additional 4000 dwellings

Each stage is managed through the issuing of construction certificates and will be unlocked as additional evacuation capacity is realised through the preparation and development of flood resilience measures.

To enable the planning proposal to proceed unfettered and for transparency, assessment has been undertaken on strategic merit. However, allowing residential development on the site will reduce the number of dwellings that may be approved through a development application process under the AMF. This will reduce the development potential of sites where residential development is already permissible under the zoning.

A Flood Evacuation Study and further information on flooding impacts on neighbouring sites was requested from the Proponents in Council’s letters dated 1 April 2020 and 6 November 2020. This information is outstanding and is critical to determining whether it would be appropriate to permit residential development on this site. This information is to be provided if a Gateway Determination is received, and in consultation with public agencies such as SES, Infrastructure NSW, Transport for NSW, Sydney Water and Endeavour Energy.

Transport and Access

Access to the site is a key consideration of the planning proposal, to determine appropriate vehicular access to the site and the achievement of required parking. The Transport Impact Assessment identifies that Council’s existing DCP 2014 controls for public parking access will continue to apply to the site. The car parking requirements for retail and commercial uses for Penrith City Centre set out in DCP 2014 as follows:

•     Retail - 1 space per 30 square metres GFA.

•     Commercial - 1 space per 100 square metres GFA and “a maximum 60 per cent of all commercial parking spaces, other than for service vehicles, car wash bays and parking spaces allocated to people with a disability, are to be provided on-site.”

The proposal indicates that the site has capacity to deliver the required parking under DCP 2014.

Referral to the RMS post-gateway will enable Council to determine appropriate vehicle access to the site. This will inform detailed modelling and allow Council to identify whether additional funding will be necessary to support development of new road infrastructure. It is anticipated that transport works may be required similar to adjoining planning proposal sites at 39 and 57 Henry Street. This will also determine works that could potentially be considered in the VPA.

Integration with nearby planning proposals and development

Two sites opposite and adjoining the Planning Proposal are going through a period of significant change. Because of this, the Planning Proposal considers the following nearby development and will continue to be updated as plans progress for these sites:

•     57 Henry Street, Penrith: Council’s engineers have assisted in coordinating stormwater approaches between these sites and note it is the responsibility of the downstream site (the subject site) to connect with the upstream site at 57 Henry Street.

•     Soper Place: existing stormwater flooding on this site is a key consideration and will be addressed in detail after a Gateway Determination is received. On 11 February 2021, Council provided the proponents with the public exhibition details regarding the Development Application for the Soper Place Revitalisation.

Views to the Blue Mountains

The LPP raised concerns in respect to the impact of a future development on views to the Blue Mountains. The Planning Proposal does not seek to amend existing street frontage height DCP controls relating to building envelopes or views to the Blue Mountains, and the Penrith LEP 2010 height of building and Key Sites controls will apply to any future development. This will be a consideration at the time a development application is lodged for the site.

Development Delivery

The LPP raised concerns regarding the ability to deliver the planning proposal outcomes within a suitable timeframe. In response to LPP recommendations, the proponent has agreed to a 5-year sunset clause and has amended Part 2 of the Planning Proposal accordingly. The imposition of a Sunset Clause and the proposed structure of the controls work together to ensure simultaneous delivery of residential and non-residential development. This approach is supported by existing DCP 2014 controls for active ground-floor uses.

In response to LPP considerations, the proponent has amended Part 2 of the Planning Proposal to include a provision so that clause 4.6 of LEP 2010 does not apply to the minimum floor space ratio standards in the proposed Additional Permitted Use clause. This reduces the ability for future development to deliver less commercial floor space and increased residential floor space.

It is also proposed that future DCP Amendments for Penrith City Centre incorporate controls consolidating requirements for active and non-residential uses on the ground and second floor throughout development on both 57 Henry Street and 61-79 Henry Street, Penrith.

Next Steps

Should Council endorse the Planning Proposal, it will be forwarded to the Department of Planning, Industry and Environment for a Gateway Determination. Where a Gateway Determination is received, public exhibition and community consultation occur once any conditions of the Gateway Determination are met. The preparation of a VPA to facilitate the planning proposal outcomes will be undertaken on receipt of the Gateway Determination and will be reported back to Council ahead of exhibition of the Planning Proposal.

 

Financial implications

 

The Planning Proposal does not have any financial implications for Council. The proponent has advised that a VPA offer will be forthcoming. Financial implications to Council will need to be considered once the offer is received.

 

Risk implications

 

Council’s support of the Planning Proposal is subject to diverse housing outcomes being secured, and the provision of adequate open space for any future residents. The proponent has proposed to provide a VPA offer to secure these outcomes. While these matters do not prevent Council from referring the Planning Proposal to the Department for a Gateway Determination, the Planning Proposal and a future VPA will need to be publicly exhibited at the same time.

 

Council’s support of the Planning Proposal is also subject to the confirmation through detailed studies to be completed after the Planning Proposal receives a Gateway Determination, that the proposed changes will not have adverse traffic or flooding impacts.

Conclusion

Council has received a Planning Proposal for 61-79 Henry Street, Penrith, which seeks to allow residential land uses as an additional permitted use while retaining the current zoning of the land for commercial core. It is recommended that the Planning Proposal be endorsed to proceed to a Gateway Determination. Support of the proposal is subject to further work after the gateway determination is received, to:

·    confirm detailed information on Traffic and Flooding matters, and

·    to secure public open space and affordable and accessible housing within any future proposed residential development.

 

RECOMMENDATION

That:

1.     The information contained in the report on Planning Proposal for 61-79 Henry Street Penrith to Gateway be received.

2.     Council endorse the enclosed Planning Proposal to be submitted to the Department of Planning and Environment seeking a Gateway Determination.

3.     The General Manager be granted delegation to undertake any minor updates to the Planning Proposal prior to Council’s submission of the Planning Proposal to the Department of Planning, Industry and Environment for a Gateway Determination.

4.     Consultation with the community and public agencies be undertaken in accordance with any Gateway Determination issued by the Department of Planning and Environment.

5.     Council resolve that should any future residential accommodation development occur on the lot:

a.   The development should include a minimum of 20% of all dwellings developed on the site are to be provided as affordable, accessible and seniors living dwellings.

b.   Adequate Public Open Space should be secured within 200m of any proposed high density development (development with over 60 dwellings).

And that these features must be secured before the Planning Proposal is publicly exhibited.

6.     A further report come back to Council with details of a draft Voluntary Planning Agreement seeking endorsement for notification with the exhibition of the Planning Proposal.

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

 

 

 

ATTACHMENTS/APPENDICES

1.

Local Planning Panel Advice

2 Pages

Appendix

  


Ordinary Meeting                                                                                                                  26 July 2021

Appendix 1 - Local Planning Panel Advice

 

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Ordinary Meeting                                                                                                    26 July 2021

 

 

 

3

Voluntary Planning Agreement offer by Lendlease for 16 Chapman Street Werrington   

 

Compiled by:               Natalie Stanowski, Principal Planner

Authorised by:            Natasha Borgia, City Planning Manager

Kylie Powell, Director - City Futures  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

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

     

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

 

Proponent: Lendlease Communities (Werrington) Pty Ltd

Landowner: Lendlease Communities (Werrington) Pty Ltd, Transport for NSW.

 

Executive Summary

The purpose of this report is to seek Council’s endorsement of a draft Voluntary Planning Agreement (VPA) sought by Lendlease to support the delivery of infrastructure associated with an approved development at 16 Chapman Street Werrington, also known as Kings Central. The development site is subject to the WELL Development Contributions Plan 2008 (WELL CP). This contributions plan is subject to a contributions cap. The VPA proposes to fully fund and deliver infrastructure works on the subject site, consistent with the WELL CP. The VPA also seeks to provide additional infrastructure at no cost to Council.

The VPA is proposed in lieu of making monetary contributions under S7.11 of the Environmental Planning and Assessment Act, 1979 (EP&A Act). The value of the infrastructure in the VPA is over $21 million. Lendlease’s development contributions obligations under the WELL CP for the development are approximately $13 million.

There is a surplus of over $8 million between the cost of infrastructure proposed to be delivered by Lendlease and the contribution obligation, this is exclusive of the works at no cost to Council. Lendlease seeks to obtain credits or monetary recoupment for surplus contributions resulting from the delivery of infrastructure that directly benefits other landowners.

In conjunction with the VPA, Council has been sought by Transport for NSW (TfNSW) and Lendlease to facilitate the purchase of land owned by TfNSW to facilitate a roundabout for the development being the road authority in this case. This involves provisions in the VPA and a separate exchange of letters for land acquisition and construction access.

The VPA offer has been reviewed against the WELL CP and Councils Developer Infrastructure Agreements Policy and found to be consistent and acceptable and will facilitate the construction of a new release area.

At the Councillor Briefing held 12 July 2021, Council were briefed on the VPA offer and Councillors requested additional information. Memos in response to the matters raised were sent 20 July 2021. A copy of both memos is attached (Attachments 1 and 2) and the matters raised have also been included in the relevant sections of this report.

Background

Lendlease has an approved development application (DA19/0704) for 16 Chapman Street Werrington (Lot 1, D1226122). A map of the site is provided below. The site is approximately 28ha and lies wholly within the ‘South Werrington Urban Village’ (SWUV) sub precinct of the WELL CP. DA19/00704 was approved by the Sydney West Regional Planning Panel in December 2020 and is now known as ‘Kings Central’.

Map

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- site location 16 Chapman St WerringtonThe approved development application facilitates the redevelopment of the land for residential and industrial purposes comprising:

•      Staged subdivision/development to create a total approximate yield of 410 new residential lots, 14 light industrial lots, two open space lots, and an E2 Environmental Conservation lot.

•      Staged construction of new local road network and associated road upgrade works, including East-West Collector Road, roundabout from Werrington Road, and resurfacing road works to Chapman Street.

•      Bulk earthworks and stormwater management works to support the above works.

•      Temporary display home.

Lendlease submitted an initial letter of offer to enter into a VPA in late 2019, in conjunction with the lodgement of DA19/00704. The VPA is intended to support the delivery of infrastructure for the DA.

Council has previously entered into a number of VPA’s in order to deliver infrastructure works in new release areas. VPAs are often sought where a developer seeks to deliver infrastructure themselves within a subdivision. A VPA can essentially replace a contributions plan and provide the developer with obligations on the timing of infrastructure delivery. This is often an effective way to enable future residents to secure vital infrastructure within a timely manner and maximise the developer’s responsibility, reducing Council’s risk.

 

WELL Development Contributions Plan

 

The site is subject to the WELL Development Contributions Plan 2008 (WELL CP). The WELL CP applies to land within Caddens and other undeveloped land between the Great Western Highway and the Western Railway Line between Werrington and Kingswood. This plan is considered very complex, and it is an action from Councils Development Contributions Framework Action Plan to review and revise the WELL CP.

The WELL CP facilitates the delivery of a range of infrastructure including stormwater, traffic infrastructure and community facilities. Subsequent to the preparation and adoption of the WELL CP, residential development contributions for release areas, including the WELL precinct, were capped at $30,000 per lot or dwelling by a Ministerial Direction. This cap is below the indexed rates in the Plan and short of the cost of delivering infrastructure envisaged under the plan.

As a result, Council cannot require any developer subject to the WELL CP to pay contributions for residential development higher than $30,000 per lot/dwelling. Non-residential development is not subject to this cap.

 

Impact of cap on Infrastructure funding in WELL Precinct

 

The imposition of a cap leaves a deficit in the funding of infrastructure in the WELL CP. Council has historically managed the shortfall of contributions in the WELL CP through the negotiation of VPAs and obtaining certain works, such as drainage and roads, as conditions of consent. Monetary contributions, where obtained, are directed to recreation, community facilities, administration, and selected road facilities required in the WELL CP. This has been challenging to deliver in a number of situations, particularly relating to drainage and road costs.

 

The impact of the contributions cap in the SWUV sub-precinct (where the site is located) even without the draft VPA is substantial. The shortfall due to the cap is approximately $18m.

 

A future review of the plan will seek to consider the plan deficit in conjunction with revised land use strategies for the precinct. In the meantime, Council officers will continue to impose development consent conditions for infrastructure where appropriate and negotiate VPAs.

 

Further analysis regarding minimising this shortfall will be discussed later in this report.

 

The VPA Offer

 

Discussions on a potential VPA commenced in 2019 and the VPA has been reported multiple times to Councils Local Infrastructure Contributions Working Group (LICWG). Council was briefed on the submitted DA and initial letter of offer at its briefing of 3 March 2020. A final letter of offer was submitted by Lendlease in February 2021. A copy of the final letter of offer is provided with this report (Attachment 2). In summary, the offer seeks to provide the following:

1.   Delivery and dedication of infrastructure and land and amenity items identified in the SWUV sub precinct of the WELL CP including:

Construction and embellishment and dedication of land for central and eastern parks,

Construction of detention basin in the eastern park,

Construction of cycleways,

Construction and dedication of land for an east/west collector road.

2.   Delivery and dedication of items that are not identified in the WELL CP, at no cost to Council, including:

Staged resurfacing of Chapman Street road pavement and associated public domain works.

Construction and dedication of Werrington Road/Rance Road/East-West Collector Road (stub connection only) roundabout.

Construction of additional water quality and detention basin in the Central Park.

Dedication of approximately 1.2 ha of E2 Environmental Conservation land.

In conjunction with Wollemi School, land dedication to facilitate the east/west collector road.

3.   To establish a mechanism for the recoupment of monetary contributions from benefited land subject to contributions towards infrastructure items identified in the SWUV sub precinct under the WELL CP.

In addition to the letter of offer, recent discussions with TfNSW have brought to light the need for Lendlease to also include the cost of purchasing TfNSW land in the VPA in order to deliver the roundabout. This is discussed further below.

The offer does not seek to provide contributions for precinct wide items, such as the community facility or other precinct wide roads. This is due to Lendlease’s’ full contribution obligation under the cap is only enough to cover infrastructure in the SWUV sub precinct. 

Assessment of Offer

 

Councils adopted Penrith Developer Infrastructure Agreements Policy guides Council, developers and the community for matters Council is to consider when assessing the acceptability of a VPA. Specific consideration of financial and risk elements of the VPA are provided below:

 

Value of Works and Comparison to Cap Contribution

 

It is critical for the VPA offer to demonstrate that it provides benefits equal to those that can be achieved from contributions under s7.11 or s7.12 plan. Under the capped contribution amount, Lendlease’s’ obligation is approximately $13 million (for both residential and industrial development). The value of the contribution plan works to be delivered by Lendlease exceeds the capped contribution amount, as detailed below. The difference between the value of the works and the contribution obligations are considered surplus contributions credits. 

 

 

Value

Lendlease Offer of Works

$21,764,632

Obligations under the Cap

$12,877,570

Difference

$8,887,062

 

Surplus Contribution Credits

 

The difference between the value of works and the contribution obligations in the VPA results in the potential for surplus contributions credits. This is predominantly due to Lendlease’s delivery of infrastructure that benefit other adjoining landowners. This infrastructure includes:

·    East/west collector road – 50% of the cost is attributed to Western Sydney University owned land in the North Werrington precinct.

·    Eastern open space – benefitting approved development site owned by Statewide.

·    Eastern drainage – benefitting approved development site owned by Statewide.

The agreement seeks to manage the shortfall between the contribution plan and the capped contribution amount, by way of contributions credits.

The Penrith Developer Infrastructure Agreements Policy guides the acceptability of contributions credits. Under the Policy, Council has discretion in the consideration of the opportunity for credits and may consider credits where the infrastructure works are within a contributions plan.

It is considered acceptable to enable Lendlease to apply credits or seek recoupment of credits for the delivery of works that are apportioned to and benefits other land holders within SWUV or the North Werrington sub-precincts. This will deliver the necessary infrastructure determined in the plan and enable fair compensation by future development.

The key consideration and inclusion of the drafting of the VPA is to ensure that Council at no time has the obligation to pay Lendlease the contributions credits if future development does not occur.

 

Impact on the WELL CP

 

One of the prime considerations of the letter of offer is how Lendlease is seeking to be reimbursed the surplus contributions credits, and how this may impact the WELL CP. The surplus contributions for the development totals over $8 million.

 

Lendlease seeks to be reimbursed for these credits through either future development undertaken by Lendlease and/or, reimbursement from other developers when development occurs on land benefitted by the Lendlease works. This reimbursement is reliant upon future development within SWUV precinct, (i.e. Statewide) and future development in the North Werrington sub precinct (Western Sydney University land).

 

The WELL CP, unlike our other plans is calculated on a per hectare basis. The benefit of doing it this way is to allow flexibility regarding the number of dwellings in the precinct, reflecting the zoning that allows high and medium density development. As a result of this method of calculating contributions and the additional dwellings proposed, this has allowed for contributions to be paid over and above to what was anticipated, and therefore will reduce the overall shortfall to Council. In this regard, reduce the original gap from $18m down to over $3.5m.

 

Amount required as per Original Plan anticipated (SWUV)

$31,532,570

Amount to be collected with additional Dwellings (Lendlease + Additional Dwellings)

$28,003,570

Shortfall SWUV

$3,529,000

 

We will seek to manage the shortfall through future VPAs, DA’s and a comprehensive review of the Plan, as proposed by Council’s development contributions framework action plan.

 

The proposed VPA would place no onus on Council to reimburse Lendlease if future development does not occur and there will be no timeframe attached to this reimbursement. This de-risks Council’s obligation to pay credits in the future if no development occurs.

 

On the balance of considerations, the VPA is a compelling option for Council as it provides an avenue for the provision of critical infrastructure, delivered in a timely manner to support residential growth, whilst limiting the impact of the contributions cap on ratepayers. If Council chose not to enter into the VPA, Council would be obligated to deliver this infrastructure to support the approved residential development. This would cost greater than the capped contributions value, and there are currently no funds within the WELL CP to deliver these works. Council would need to look at alternate funding sources.

 

Land Acquisition and Access Licence for Transport for NSW Land

 

Lendlease requires the acquisition and access across land owned by TfNSW on Werrington Road, to construct a roundabout on Werrington Road and for vehicular access for construction on the main site. The land in question is zoned SP2- Road and forms part of the future Werrington Road arterial, however, it is currently freehold land and is not a public road. This matter has been subject to discussions with TfNSW and the Department of Planning, Industry & Environment (DPIE).

 

Due to Treasury directions and probity considerations, TfNSW is unable to directly transact the land with Lendlease. TfNSW requires Council as a Roads Authority, to acquire the land at current market value on behalf of Lendlease. In addition, an access licence will need to be arranged by Council and enable access to the land for construction purposes, with Council sub licencing this to Lendlease. TfNSW has also indicated that they do not seek to be a party to the VPA.

 

To achieve the above, the following will need to be undertaken:

·    An exchange of letters between Council and TfNSW to establish the terms in which the acquisition of land would occur.

·    The VPA will need to incorporate terms relating to the acquisition of land, with Lendlease to pay Council for the value of the land and all other costs Council incurs through the acquisition of land, including administration.

·    The VPA or a separate agreement will need to provide terms in relation to a sub-licence between Council and Lend Lease to enable early access to the land. The sub-licence would transfer all liability and responsibility for the access and works to Lend Lease.

 

If the roundabout cannot be facilitated, the development as proposed cannot be progressed. Currently, the construction certificate for the development cannot be issued until it can be reasonably determined that the land for the roundabout can be acquired. As TfNSW is unable to directly deal with Lendlease, Council, as the roads authority, can facilitate this acquisition.

 

Lendlease has indicated willingness to enter into the acquisition arrangement with Council at their cost. TfNSW has indicated that they will await formal correspondence from Council to commence the process of acquisition.

Acceptability of the Offer

Lendlease were advised in May 2021 that the offer (excluding land acquisition) was supported in principle, subject to Council approval, and subject terms including:

 

·    The total contributions credit that can be recouped within the SWUV sub precinct is $3,742,075. This can be recouped through a credit for future residential development undertaken by Lendlease in the sub precinct or from other residential development in the sub precinct that has benefited from infrastructure works and land delivered by Lendlease in accordance with the WELL Plan.

·    The total contributions credit that can be recouped within the North Werrington Sub precinct (WSU land) is $5,144,987 (50% of the cost of delivery of those works - as apportioned to the North Werrington sub precinct). This may be recouped through a credit for future development undertaken by Lendlease in the sub precinct or from other development in the sub precinct that has benefited from infrastructure works and land delivered by Lendlease in accordance with the WELL CP.

·    Recoupment of monies will only be available after contributions by others have been made to Council. There will be no obligation on Council to pay monies where development has not occurred and/or monies that have not been paid to Council.

·    That no time limits will apply to the recoupment of credits where development of land by parties other than Lendlease does not occur.

·    Surplus credits based on a cap of $30,000 will be paid to Lendlease at a rate of $28,860 per lot/dwelling, to enable funding of other infrastructure and administration within the Plan.

 

Securities

 

The proposed VPA will work in conjunction with the current development consent to ensure that adequate securities are in place to secure the delivery of infrastructure items. The following securities are proposed:

 

Infrastructure Item

Security Mechanism

Open Space- Central Park

VPA - Delivery tied to Subdivision Certificate release

Open Space- Eastern Park

VPA - Delivery tied to Subdivision Certificate release

Basin - Central Park

DA - Delivery tied to Subdivision Certificate release

Basin - Eastern Park

VPA - Delivery tied to Subdivision Certificate release

Roads- East-West Road

VPA - Delivery tied to Subdivision Certificate release

Roads - Roundabout

DA – Performance Bond for construction of the roundabout

VPA – Delivery tied to Subdivision Certificate release

Cycleways

VPA - Delivery tied to Subdivision Certificate release

Roads- resurfacing of Chapman Street

VPA - Delivery tied to Subdivision Certificate release

E2 Land

VPA - Delivery tied to Subdivision Certificate release

 

Under the VPA, prior to the issue of a subdivision works certificate for each stage of the development, Lendlease will be required to provide Council security to the value of 125% of the cost of works items to be delivered in each stage. Once construction of the infrastructure is complete, 100% of the security is returned, with 25% retained by Council until the defects and liability period ceases. A subdivision certificate will only be issued when Council is satisfied that any infrastructure required to support the subdivision has been delivered.

 

Lendlease has appointed Council as the Principal Certifying Authority for DA19/0704. The legal advice is, that we cannot compel Lend Lease in a VPA to have the Council as the Certifier for the purpose of the SWC. However, there are further compensating provisions within the VPA that provide for controls over and above the powers available to private certifiers under the EP&A Act which ensure that works are completed to the satisfaction of council. Despite this, it is proposed that, as the public infrastructure is to be handed over to Council, that the VPA imposes an approved inspection schedule, as part of the sign off of the detail designs of that public infrastructure as required by the Development Consent. Council will be responsible for the issuing of the SWC for each development stage and any SC required of this DA. Under the EP&A Act where a subdivision is proposed on land subject to a VPA, the requirements of the agreement relating to that land are to be complied with before a certificate may be issued, which will include compliance with the inspection schedule.

 

Also, in addition to the above securities, there is the inclusion of provisions in the VPA for sunset dates for the delivery of the infrastructure works and dedication of land. Notwithstanding sunset dates, there are controls that are in the current version of the VPA that prevent Lend Lease obtaining subdivision certificates until they have delivered the respective infrastructure works and dedication of land. 

 

Financial Implications

Council’s agreement to the VPA would provide Council with certainty of infrastructure delivery outcomes for the site under the initial DA. Under the proposed VPA Lendlease will deliver all WELL Contributions Plan Infrastructure items within the SWUV sub precinct and also deliver roadworks not covered by the WELL Contributions Plan.

Lendlease seeks credits for future developments in the SWUV and North Werrington sub precincts, as well as monetary reimbursement from other landowners/developers when development occurs on land benefitted by the Lendlease works.

Recoupment of monies will only be available after contributions by others been made to Council and there will be no obligation on Council to pay monies where development has not occurred and/or monies that have not been paid to Council. 

Where Council does not seek to enter into the draft VPA, Council would be responsible for the delivery of this infrastructure. At the time of preparing this report, the WELL CP did not contain enough funds to deliver this infrastructure due to the cap and Council would need to seek alternative funding sources. Development may be placed on hold or not have access to certain infrastructure until Council was able to undertake the works.

The acquisition of TfNSW land will have financial implications for Council in respect to the staff resourcing to undertake this process. Lendlease through the draft VPA have provided an undertaking that it will reimburse Council for all reasonable costs, including staff resources.

Risk Implications

Any risks to Council have been limited through the negotiation of the letter of offer. Lendlease are undertaking the delivery of the infrastructure and any associated cost risks. Lendlease are also accepting all risks on the recoupment of contribution credits if future development in the precinct does not occur.

Any risks associated with the acquisition of land from TfNSW will be mitigated through the draft VPA and exchange of letters with TfNSW.

Conclusion

The offer to enter into a VPA for the subject site represents a benefit to Council as it delivers all of the supporting infrastructure required in the WELL Plan for the SWUV sub precinct, including key infrastructure such as the full construction of the East-West Road and Werrington roundabout upgrade. The full cost of the works offered significantly exceeds the developer’s obligations under s7.11 of the EP& Act.  The proposed offer is reasonable, allowing the developer to recoup surplus costs by having credits acknowledged for further Lendlease developments in the area, and by the transfer back to Lendlease of contributions made by other developers.  Lendlease bears any risks associated with having to wait for reimbursement.

 

The proposal represents a significant opportunity to trigger the development of the South Werrington Urban Village, to improve the quality, sense of identity, level of activation, amenity, and connectivity of the areas around Werrington Station and the broader precinct including WSU.  Effective place-making depends strongly on establishing partnerships with developers, landowners, and all stakeholders in a precinct, and entering into the VPA with Lendlease could result in broad benefits for all if considered strategically and collaboratively.  

Council, by acting on behalf of Lendlease to acquire land for the purposes of the roundabout, will enable significant critical infrastructure to be provided to unlock this development precinct.

Next Steps

Should Council seek to endorse the draft VPA and the arrangement to enter into an exchange of letters with TfSNW to facilitate the acquisition of land to form the roundabout, the preparation of letters would be undertaken by Councils Legal Services Team. After the exchange of letters occurs, the draft VPA would be placed on public notification, in accordance with the Environmental Planning and Assessment Regulation 2000 and Penrith Developer Infrastructure Agreements Policy. Following the notification, subject to any submissions received, the VPA will be executed.

 

RECOMMENDATION

That:

1.     The information contained in the report on Voluntary Planning Agreement offer by Lendlease for 16 Chapman Street Werrington be received.

2.     Council endorse the draft Voluntary Planning Agreement for 16 Chapman St, Werrington, provided as a separate enclosure to this report.

3.     By agreement with Transport for NSW Council acquire the part of the land owned by Transport for NSW to deliver the Werrington Road roundabout.

4.     Council agree to transfer the part of the land acquired from Transport for NSW to Lendlease Communities (Werrington) Pty Ltd in accordance with the terms of the Voluntary Planning Agreement provided as a separate enclosure to this report.

5.     The General Manager be provided delegation to make any changes necessary to the draft Voluntary Planning Agreement resulting from negotiations with Transport for NSW.

6.     Following the agreement with Transport for NSW, the draft Voluntary Planning Agreement be publicly notified in accordance with the requirements of Environmental Planning and Assessment Regulation 2000 and Penrith Developer Infrastructure Agreements Policy.

7.     Where any submissions are received in relation to the public notification of the draft Voluntary Planning Agreement, these be reported to Council.

8.     Upon the conclusion of the notification, where no submissions are received, the draft Voluntary Planning Agreement be executed by the General Manager.

 

 

 

ATTACHMENTS/APPENDICES

1.

Memo to Councillors - Response to Councillor questions raised at the 12 July 2021 Councillor Briefing regarding 16 Chapman Street, Werrington VPA

2 Pages

Attachments Included

2.

Memo regarding Upgrade and Extension to Links Road St Marys

1 Page

Attachments Included

3.

Letter of Offer- 16 Chapman Street Werrington

17 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    26 July 2021

 

 

 

4

Implementation of the Flood Prone Land Package   

 

Compiled by:               Natasha Borgia, City Planning Manager

Adam Wilkinson, Engineering Services Manager

Authorised by:            Kylie Powell, Director - City Futures

Andrew Jackson, Director - Development and Regulatory Services

Stephen Britten, Chief Governance Officer  

 

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

      

 

 

Executive Summary

The purpose of this report is to inform Councillors of the commencement of legislation and associated documents that relate to the Flood Prone Land Package (the package). 

Councillors were briefed on the package at the Councillor Briefing of 20 July 2020. A submission was endorsed by Council at its Ordinary Meeting of 27 July 2020, which was forwarded to the Department Planning, Industry and Environment (DPIE) for its consideration.

On 14 May 2021, NSW Councils were advised of the gazettal of legislation to facilitate the package, with the legislation coming into effect on 14 July 2021, to allow Councils to update land use planning documents and planning certificates. Council officers have not heard anything regarding the progress of the package since it was exhibited.

On 25 May 2021, DPIE provided councils with the details of the finalised package which included:

•        Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021

•        Environmental Planning and Assessment Amendment (Flood Planning) Regulation 2021

•        State Environmental Planning Policy Amendment (Flood Planning) 2021

•        revised 9.1 local planning direction

•        new planning circular on flooding

•        new guideline

Councils have until 30 July 2021 to provide an expression of interest to DPIE whether they would like to opt into the Special Flood Consideration Clause relating to sensitive uses between the Flood Planning Area (FPA) and Probable Maximum Flood (PMF) in its LEP.

The provision of the above has only allowed Councils six weeks to give consideration to a new clause and to make all the necessary changes to land use planning documents and planning certificates. During this period Council officers have sought legal advice to determine how to implement the package, as the release of the amendments are considered premature in the absence of important flood work being completed, particularly within the Hawkesbury Nepean Catchment. Council is seeking further legal advice on some final matters.

Given the limited time to implement the changes, the General Managers of Penrith, Blacktown, Hawkesbury, Liverpool, and Wollondilly Councils on 2 July 2021, wrote to the Minister for Planning and Public Spaces seeking immediate deferral of the package to enable consideration of issues with the package. A memo was provided to Councillors on 2 July 2021 with a copy of the letter. We sought the deferral to allow us to update our land use planning documents and planning certificates as this is a complex, sensitive, and resource intensive process. A response to the letter was received on the 18 July 2021 from Mr Brett Whitworth, Deputy Secretary advising that the delivery of the Package would continue.

Background

Last year DPIE exhibited proposed amendments known as the Flood Prone Land package, with the exhibition of these amendments between 30 April 2020 – 25 June 2020. Councillors were briefed on the package at the Councillor Briefing of 20 July 2020. A submission was endorsed by Council at its Ordinary Meeting of 27 July 2020 to be forwarded to DPIE for its consideration.

The purpose of the amendments was to provide advice to councils on considering flooding in land use planning. The amendments emphasise the importance of managing flood risk up to and beyond the 1 in 100-year flood as well as considering flood risks up to the Probable Maximum Flood (PMF) level. DPIE has also indicated that the amendments were in response to significant flood events that have occurred within the past two years in NSW.

Council officers have not heard anything since the exhibition, until DPIE advised of the gazettal of legislation changes in relation to the package on the 14 May 2021. DPIE advised that the legislation amendments come into effect on 14 July 2021, to allow Council’s time to amend and update land use planning documents and planning certificates. The legislation changes include:

•        Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021, by inserting new clauses 5.21 Flood Planning [compulsory] and 5.22 Special Flood considerations [optional] in Part 5 – Miscellaneous Provisions.

•        State Environmental Planning Policy Amendment (Flood Planning) 2021 will revoke the council's existing flood planning LEP clause. For Penrith, clause 7.2 Flood Planning in Penrith Local Environmental Plan 2010 will be revoked and replaced.

•        Environmental Planning and Assessment Amendment (Flood Planning) Regulation 2021 which amends the 7A clauses under Schedule 4 Planning Certificates. The changes are intended to simplify the notation to advise of flood-related development controls up to the flood planning area or between the flood planning area and the PMF.

•        Section 9.1 Direction on flooding. Ministerial Directions are required to be considered by the consent authority when assessing planning proposals.

DPIE has also released additional documents to support the package including:

•        new planning circular on flooding - Considering flooding in land use planning: guidance and statutory requirements, which will replace the existing planning circular PS 07-003

•        A new guideline - Considering flooding in land use planning, which will replace the Guideline on Development Controls on Low Flood Risk Areas

Since the release of the package on14 May 2021, Council officers have been in discussions with other Councils within the Hawkesbury Nepean Catchment and seeking legal advice about implementing the package.

Overall, the advice suggests that the assessment of development applications will be more challenging within the flood planning area. Certainly, the package has implication for planning proposals up to the PMF. More broadly, and in the Hawkesbury Nepean Catchment context, there is a distinct lack of information to support the package about climate change, flood evacuation capacity, and associated modelling. The lack of this information will severely limit the Council’s ability to be “satisfied” in the assessment of development applications and planning proposals unless a referral response is received from State Emergency Services (SES) and/or Infrastructure NSW. Councils will need to take advice from specialist agencies such as SES, Infrastructure NSW, and DPIE to be able to make informed and responsible decisions about flood planning and the assessment and determination of development applications (and by extension, planning proposals). DPIE is yet to confirm the referral agency responsibilities and framework for receiving such advice. Also, there is no mandated concurrence role for these agencies that can and should provide advice to councils. The council may be in a position that applications cannot be determined.

Council’s submission

Council outlined in its submission last year, that the package was premature in the absence of other related work being completed, particularly within the Hawkesbury Nepean Catchment. There is still further work to be undertaken, particularly the Government’s commitments and actions within the Resilient Valley, Resilient Communities— the Hawkesbury-Nepean Valley Flood Risk Management Strategy (the Strategy). It is not until this work is completed, that evidence-based decisions about flood-related development controls can inform legislative requirements. The specific actions that need to be completed to enable councils to address specific provisions in the package, are in part identified by “Outcome 3” in the Strategy and include: 

1.       The Regional Land Use Planning Framework (to be completed by DPIE and Infrastructure NSW) will, among other matters, consider the existing and future planned population to determine the risk to life and evacuation capacity. 

2.       Develop a fit-for-purpose regional evacuation model that identifies evacuation capacity constraints for different areas in the Valley (to be prepared by Roads and Maritime Services). It is noted that the FEM2 is currently being undertaken by the State Emergency Services (SES). A Geographical Information Services (GIS) layer will be required by councils to assess any proposal as required by the proposed changes. 

3.       Undertake a contemporary regional flood study to identify the current flood hazards from riverine flooding based on a new fit for purpose and accessible regional flood model (to be prepared by Hawkesbury-Nepean Valley Flood Risk Management Directorate – the Directorate). 

4.       Review of the NSW Floodplain Development Manual (to be undertaken by DPIE).  

Based on Council’s submission last year, the only comments that were considered by DPIE in the release of the package was the matter around the Regional Evacuation Area clause, which was removed. All of the Council's other comments were not addressed at all.

In addition to the submission, General Managers of Penrith, Blacktown, Hawkesbury, Liverpool, and Wollondilly Councils on 2 July 2021, wrote to the Minister for Planning and Public Spaces seeking immediate deferral of the package to enable consideration of issues with the package. A response to the letter was received on the 18 July 2021 from Mr Brett Whitworth, Deputy Secretary advising that the delivery of the Package would continue as it “will provide more nuanced planning tools to enable Councils in the Hawkesbury-Nepean floodplain to implement the outcomes of the Strategy”.

 

 

Implementation and consideration of the Flood Prone Land Package

a)      10.7 Planning Certificates

Implementation:

With Clause 7A (1), all of the Council’s current flood notations will need to be replaced with the new wording from the Environmental Planning and Assessment Regulations.

Implications:

Current properties notated with the old clause will have a new notation with the new clause applied as outlined in the Regulation, for these properties. For almost all there will be no change and council officers are still determining how many properties this will impact. This will likely be minimal as we already have comprehensively notated all properties below the 1 in 100 year flood event plus freeboard, as we complete flood studies.

Implementation:

With Clause 7A (2), this notation would apply to the land between the flood planning area and the PMF. This clause will also require inclusion of properties that would have the new special flood consideration clause apply, should Council choose to adopt it. This clause only needs to be included if Council has flood related development controls already existing for land between the flood planning area and the PMF.

Implications:

Council will need to decide if this optional clause should be adopted. If this clause is adopted, then all properties that allow the sensitive land uses outlined in the clause between the flood planning area and the PMF will need to be notated. Applying this clause will significantly increase the number of properties that will have a flood notation applied to it. Council officers are still determining how many properties this will impact.

Council currently notates properties that are identified as flood islands such as Wallacia and Emu Plains. This includes some properties that are below the PMF and such these properties will continue to be notated.

It is important to note that detailed legal advice is being sought to provide clarity to Council regarding the full impacts on property notations as a result of the package.

b)      LEP Clauses

Implementation:

There is a State Environmental Policy (SEPP) with the package that repeals our LEP (Penrith LEP 2010) Flood Planning clause and replaces it with the new Flood Planning clause. We, therefore, do not have to change anything.

Implications:

The implications regarding the new LEP clause are mainly how to apply it in the assessment of development applications:

•        A new term ‘Flood planning area’ is defined in this clause as land at or below the ‘flood planning level’.  For Penrith, our adopted flood planning level is defined as “the level of a 1:100 year flood event plus free board’. The new legislation permits consideration of a different ‘flood planning level’, and therefore ‘flood planning area’. Councils can choose to adopt a different flood planning level, if Council chooses to do so.

•        There is still further work to be undertaken, particularly the Government’s commitments and actions in the Strategy, to be able to make evidence-based decisions and assessment of development applications.

•        The new LEP clause has two parts to it. One part of it is dealt with in the next section. The first part will be mandatory and will apply to the flood planning area. This clause requires Council to have regard to specialist advice indicated below.

•        Councils will need to take advice from specialist agencies such as SES, Infrastructure NSW, and DPIE to be able to make informed and responsible decisions about flood planning and the assessment and determination of development applications (and by extension, planning proposals). DPIE is yet to confirm the referral agency responsibilities and framework for receiving such advice. Also, there is no mandated concurrence role for these agencies that can and should provide advice to councils.

•        The impacts of climate change cannot be quantified by neat reference to individual local government areas or localities within local government areas. Impacts of climate change upon flood behaviour and associated planning framework response must therefore be a matter for the State Government.  

•        There are inconsistent terms in clauses within the package as they relate to the flood planning area and the PMF.  An example is where there are provisions about the “flood planning level” but in the same clause, reference is made to “a flood” which is defined in the Manual as ALL floods up to PMF. Therefore, we seek clarification regarding what is proposed for lands between the 1:100 year flood level and PMF.

DPIE’s response of 18 July 2021 has indicated that the assessment of development applications should not change as a result of the Package. However, DPIE will establish an interim measure for Penrith, Hawkesbury and Blacktown Council to commence on the 14 July 2021 and conclude when the regional land-use planning framework has been finalised. The interim measure is for assessment against Clause 5.21(c) to determine if an application exceeds the capacity of evacuation routes the following conditions can apply:

1.   If a development application increases the capacity of a development by more than 150 dwellings, or 200 employee vehicles for a commercial development, the Department will coordinate a response with Infrastructure NSW (INSW) and NSW SES to determine if the development will exceed the capacity of evacuation routes. These development applications can be sent through to resilience.planning@planning.nsw.gov.au.

2.   If a development does not meet this condition INSW has advised it is unlikely to exceed the capacity of existing evacuation routes. The consent authority should be satisfied that the development will not exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, when assessing against clause 5.21 (2) (c).

3.   Where there are multiple development applications located close to each other that could exceed condition 1 when grouped together this should be referred to the Department to coordinate a response with INSW and NSW SES.

To avoid confusion, the above are additional provisions to include in the assessment of DAs under Clause 5.21 (c) rather than conditions of consent.

DPIE also advised that in relation to climate change that “the 2019 Hawkesbury-Nepean Valley Regional Flood Study by INSW is available to all councils and includes maps and climate change information that can be used by councils to assess climate change impacts on regional Hawkesbury-Nepean River flooding”.

When assessing applications under Clause 5.21, DPIE in its response advised that merit based assessment should consider the full range of flood events and this should not change as a result of the Package.

 

c)      Special Consideration Clause (optional)

Implementation:

This is an optional clause. DPIE has extended the expression of interest period until 30 July 2021, if Council wanted to include this clause in Penrith LEP 2010. This interest will remove the need for Council to prepare an amendment to the LEP.

Implications:

•        If opting in to use the special flood consideration, which is optional, this clause would require assessment with regards to sensitive land uses and hazardous area between flood planning area and the PMF. It also requires Council to consider sensitive land uses and hazardous development that Council determine to be in that category.

•        The period to opt into the clause and implement the package is not long enough for Council officers to consider the extent of the LGA that this clause would impact. 

•        For the “optional” clause, without a clear and consistent direction from the State and a regional catchment response, individual councils cannot consider the appropriateness of such controls against the objectives of the State’s Floodplain Development Manual and prevailing risk profile.

•        Council, in considering and determining development applications, must make informed and responsible decisions. The adoption of clause 5.22 is optional, a decision by Council to not adopt the clause would not indicate that it is thereby in breach of a duty of care to an applicant for development consent, landowner, or other persons. The “Good Faith” protection under section 733 of the Local Government Act requires reasonable conduct on the part of Council officers in discharging their functions.

•        If Council opt into this clause then there is potential for a significant increase in the number of properties with flood notations applied on planning certificates.

DPIE have advised that it will contact all councils that submit their expression of interest to discuss the clause, timeframes, implementation process and approvals.  We will also develop an appropriate review mechanism, seeking external views, to assist both a Council and the Department in evaluating whether the adoption of the clause in the LEP is appropriate. The package to update councils LEPs with the 5.22 is not anticipated to be completed before end of March 2022.

It is recommended at this stage, that the Special Flood Consideration clause is not adopted by Council until such time the work being undertaken by DPIE and INSW in relation to land use planning in the Hawkesbury Nepean Catchment is complete. Council will be unable to make an informed decision about the use of this clause until this work is complete.

d)      Ministerial Direction

Implementation:

For consent authority, the consideration of the Ministerial Direction is still a matter that needs to be considered in the context of planning proposals. The new Ministerial Direction has amended wording which may have significant implications in regards to assessing planning proposals.

Implications:

The concerns about the package are most prevalent in the consideration and assessment of planning proposals for the following reasons:

•        Council is not the key provider of flood mitigation infrastructure and emergency management. The council would need to confer with such authorities, including SES and DPIE, as may be appropriate. Other authorities who may need to be consulted may include NSW Fire and Rescue, NSW Police, TfNSW, Sydney Water, and utilities such as electricity and gas authorities. Those authorities are the appropriate bodies to advise whether a planning proposal that applies to a flood planning area will result in an increased, or significantly increased requirement for Government spending on the identified services and measures.

•        In the normal course of events If the relevant authorities or utilities are not prepared to provide advice to the Council, then it seems that Council would not be able to pursue the planning proposal any further unless the party seeking the rezoning or other planning changes has been able to address such issues by the provision of expert reports.

DPIE in its response to Councils advise that the new planning direction should change how councils assess proposals against this clause and that planning proposals will still be referred to the NSW SES for feedback as per the gateway process.

e)      Update planning documents

Implementation:

Advice in the package is that if the council is aware of the flood planning area, they need to include it in its Development Control Plan.

Implications:

•        The changes would need to be incorporated into the DCP 2022 work which may require additional work than anticipated.

 

Financial Implications

The financial implications are unknown at this stage.

Risk Implications

The risk implications are unknown at this stage.

Conclusion

DPIE has released the Flood Prone Land Package which includes changes to legislation and supporting documents and guidelines. Since last year, when the package was exhibited, DPIE has not been in consultation about Council’s submission or that the changes would be coming into effect.

The Hawkesbury Nepean Catchment is unique and requires a number of studies and strategies (in particularly flood evacuation modelling) to be completed by government to inform evidence-based decisions about flood, flood risk and land use planning on the floodplain. This new planning reform should not be enforced until this work is completed; however, Council finds itself in a position needing to implement new legislation that has unfortunately pre-empted the completion of this critical body of work.

Council’s “Good Faith” protection under section 733 of the Local Government Act requires reasonable conduct on the part of Council officers in discharging their functions. Council officers are concerned the package potentially exposes Council to risk due to the uncertainty and pending further work required to be undertaken by government and in this regard are seeking further advice from our lawyers.

There are several considerations for Council in implementing the Package on 14 July 2021. Council officers have requested that the Minister for Planning and Public Spaces defer the package to enable further consultation with Councils within the Hawkesbury Nepean Catchment. No response has been received regarding our request for deferral, and Council now needs to work with the legislation in considering development applications and planning proposals which may be challenging for all flood prone land up to the PMF.

 

RECOMMENDATION

That:

1.     The information contained in the report on Implementation of the Flood Prone Land Package be received

2.     The Special Flood Consideration clause not be adopted by Council until such time the work being undertaken by DPIE and INSW in relation to land use planning in the Hawkesbury Nepean Catchment is complete.

3.     Council continue to apply the 1 in 100 year flood event plus freeboard as the flood planning area.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 3 - We can get around the City

 

Item                                                                                                                                       Page

 

5        Submission Inquiry into Mobile Speed Camera Enforcement Programs in NSW          51

 

6        Acceptance of Grant Funding under the NSW Government's Local Government Road Safety Behaviour Program 2021-22                                                                                59

 

 

 

 



Ordinary Meeting                                                                                                    26 July 2021

 

 

 

5

Submission Inquiry into Mobile Speed Camera Enforcement Programs in NSW   

 

Compiled by:               Adam Wilkinson, Engineering Services Manager

Authorised by:            Andrew Jackson, Director - Development and Regulatory Services  

 

Outcome

We can get around our City

Strategy

Provide a safe and efficient road and pathway network

Service Activity

Manage programs and initiatives that improve road safety and efficiency

      

 

Executive Summary

The purpose of this report is for Council to consider a submission to the Joint Standing Committee on Road Safety into the recent changes to the State’s Mobile Speed Camera (MSC) program.

 

The report recommends that the submission be endorsed and submitted to the Committee for their consideration.

 

Background

The Joint Standing Committee on Road Safety is looking at the recent changes to the State’s mobile speed camera program. Changes include increased enforcement hours, reduced high visibility livery and removing warning signs.

 

The Committee will inquire into, and report on recent changes to the mobile speed camera program in NSW, with reference to:

a)   the nature and timing of those changes

b)   research, modelling, and the evidence base of fatality and serious injury reduction

c)   the views of key road user groups, including the community views towards these changes

d)   the nature and oversight of compliance or enforcement contracts with government and private companies

e)   the projected impact on revenue generated by these changes

f)    the ongoing funding of road safety and the Community Road Safety Fund, both through fines and enforcement activities, and future government contributions

g)   enforcement activities, including the balance between direct police enforcement and camera enforcement

h)   the impact to people living in regional and rural areas

i)    those of low socio-economic backgrounds and Indigenous people

j)    the impact on P plate drivers

k)   any other related matters.

 

Council has been invited to make a submission. The submission closing date was Friday, 9 July 2021, however Council has requested an extension to this submission closing date to allow endorsement by resolution of the elected Council.

 

 

 

 

 

Submission

Council is a strong advocate for road safety and supports Transport for NSW (TfNSW) in its efforts to achieve the “Towards Zero” vision for safety on our road networks.

 

Council also recognises that road safety and the “Towards Zero” vision is supported by a suite of strategies including education and enforcement.

 

Understandably there are differing views in relation to the changes introduced by the NSW Government in 2020 to the mobile speed camera (MSC) enforcement program, as recommended by The NSW Auditor General. TfNSW advises that these changes (unmarked mobile speed cameras) will provide a more effective general network deterrence by creating a perception that speeding can be enforced anywhere at any time. The general public however considers it to be, in part, a revenue raising exercise.

 

Whilst we recognise that the warning signs increased compliance at the sites and locations that MSCs operated, the signage did to some extent reduce the overall program effectiveness as it reduces the likelihood of achieving a general network deterrence - the main purpose of the mobile speed cameras. That said, the signage had the benefit of educating and reminding drivers of their speed – a beneficial, highly visible education and awareness tool. It is therefore recommended that consideration be given to the use of both overt (marked) and covert (unmarked) MSCs.

 

Further, the MSC’s are consistently located at the same locations as if scheduled on a regulated rotation along arterial roads only. To be more effective to the broader road network, Council believes the MSCs should be more randomly located across the road network and at local speeding hot spots, to support more so the philosophy of “anywhere anytime”. Locations should be informed by statistics which support evidence-based decisions regarding locations.

 

It is essential that the NSW Police continue to be part of the overall speed reduction approach in NSW as high visibility and direct enforcement still plays a critical role to change motorist behaviour towards speeding.

 

And finally, Council supports the NSW Government approach to invest (in a transparent and fully audited framework) all revenue raised by mobile speed cameras into the Road Safety Fund that will benefit the wider community in various road safety projects and provides councils with increased grant funding opportunities that responds to local community concerns regarding speed and other road safety concerns.

 

A full copy of the draft submission is attached to this report.

 

Financial Implications

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

 

Risk Implications

There are no foreseen risk implications associated with this report.

 

Conclusion

The NSW Joint Standing Committee on Road Safety is looking at the recent changes to the State’s Mobile Speed Camera (MSC) program. Council has been invited to make a submission; a draft of which is attached to this report. The report recommends that the submission be endorsed.

 

RECOMMENDATION

That:

1.     The information contained in the report on Submission Inquiry into Mobile Speed Camera Enforcement Programs in NSW be received.

2.     Council endorse the appended submission to NSW Joint Standing Committee on Road Safety.

 

 

ATTACHMENTS/APPENDICES

1.

Submission to Staysafe Committee regarding Penrith City Council Submission Inquiry Into Mobile Speed Camera Enforcement Programs in NSW

5 Pages

Appendix

  


Ordinary Meeting                                                                                                                  26 July 2021

Appendix 1 - Submission to Staysafe Committee regarding Penrith City Council Submission Inquiry Into Mobile Speed Camera Enforcement Programs in NSW

 

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Ordinary Meeting                                                                                                    26 July 2021

 

 

 

6

Acceptance of Grant Funding under the NSW Government's Local Government Road Safety Behaviour Program 2021-22   

 

Compiled by:               Wendy Read, Road Safety Officer

Authorised by:            Adam Wilkinson, Engineering Services Manager

Andrew Jackson, Director - Development and Regulatory Services  

 

Outcome

We can get around our City

Strategy

Provide a safe and efficient road and pathway network

Service Activity

Manage programs and initiatives that improve road safety and efficiency

      

 

Executive Summary

The purpose of this report is to advise Council of the grants offered by Transport for NSW under the Local Government Road Safety Behavioural Program. 

 

The report recommends that Council accept the grants, as outlined in the report.

Background

Transport for NSW (TfNSW) is committed to working with local government, the community, and stakeholders to deliver road safety initiatives that meet the objectives of the NSW Road Safety Plan 2021, the NSW Road Safety Strategy 2012-21 and Future Transport 2056 Strategy.

 

TfNSW is committed to this relationship and has recently determined a four-year Program Funding Agreement (PFA) between councils to give greater certainty and to ensure road safety goals can be integrated into Councils’ four-year strategic planning and budget cycles. The change also allows for improved longer-term planning and implementation of road safety outcomes. 

 

Penrith City Council commenced its involvement with the NSW Local Government Road Safety Program in 1994 with the employment of a full-time Road Safety Officer. Council’s Community Plan and Operational Plan include actions which target road safety. The NSW “Safer Systems” approach is reflected in the way in which transport and traffic projects and programs are delivered across council and to our diverse communities.

 

The goal of the TfNSW Local Government Road Safety Behavioural Program is to reduce the incidence and severity of crashes through a partnership approach that builds on the great work already being done across Council and local communities.

 

Programs targeting behavioural road safety issues are developed from local priorities identified from crash data analysis by Council's Road Safety Officer, of which some are funded through the Local Government Road Safety Behavioural Program (LGRSBP).

Current Situation

Penrith City Council is supportive of the Government’s Towards Zero goal for road safety. Better understanding of road safety issues and solutions is important in achieving this goal. Encouragingly, the five-year crash analysis continues to show an overall downward trend in crash and casualty statistics across the Penrith LGA between 2015 and 2019.

 

This year, a total of $14,450 has been offered by TfNSW to Council for the delivery of the following key projects:

 

Key Area – Motorist Speed; Drink Driving; Fatigue; and Pedestrian Safety - $6,200

Local speed enforcement operations by NSW Police will be supported with speed checks by VMS, digital communications and printed materials.

 

Children are particularly vulnerable road users, as they are smaller in size and may be less predictable within the road environment. Council’s Road Safety Officer, Traffic Engineers and Rangers continue to work with school communities to address speed, illegal parking, crossings and general road safety around schools. Council continues to work closely with the Nepean Police Area Command who coordinates targeted local police enforcement activities within school zones.

 

This funding contributes towards the development of educational resources and community education. Council’s Communication team support many national and local road safety initiatives throughout the year including National Road Safety Week; Bus Safety Week; Motorcycle Awareness; Active transport events such as Walk to School; Ride to School and Walk to Work; Double demerit and holiday reminders to motorists; Back to School messages.

 

Key Area - Occupant Restraints: Child Seat Safety Program - $6,000

The Child Seat Safety Program will again be conducted during 2021-22 after proving to be very popular with families last financial year. With ongoing COVID-19 restrictions, the voucher provides Penrith LGA residents an opportunity to have their child restraint inspected or installed by an authorised Fitter, who has a COVID Safe Plan, for free. This program promotes the correct purchase and installation of child restraints through the distribution of information and resources to our community as well as to childcare centres, preschools, Out of School Care (OSH) and primary schools.

 

Key Area - Young Drivers: Supervising Learner Divers Workshops - $1,500

The Helping Learner Drivers Become Safer Drivers Workshop was developed for parents and supervisors of learner drivers in recognition of their important role in supporting learner drivers. The workshops offer practical advice on how to help learner drivers become safer drivers, and cover topics such as:

·    how to use the Learner Driver Log Book,

·    Planning driving sessions,

·    How to deal with difficulties that may arise during driving practice, and

·    The importance of giving learners constructive feedback.

 

Council also promotes the Driver Licensing Access Program to assist Aboriginal and disadvantaged people to overcome barriers (such as completing the required 120 hours of supervised driving), obtain their driver licence and remain safe and legal drivers. The Driver Licensing Access Program is also available to drivers over 25 years.

 

Key Area – Safer Fleet Program: Towards Zero - $750

Work across various Council departments, including Council’s Fleet Services and Human Resources team, to provide road safety education and resources that promote a safer fleet and safe commuting to and from our workplace.

 

 

 

Financial Implications

Whilst the funding offered by Transport for NSW complements Council’s existing recurrent funding for the road safety program and Road Safety Officer, provision of matching funds is not a condition of the grant.

                                              

100% Funding Offer - Penrith City Council

Value

Community Road Safety Education Program

$6,200

Child Restraint Check Days – Fitters Fees

$6,000

Supervising Learner Divers Workshops – Workshop Advertising 

$1,500

Penrith City Council Safer Fleet - Towards Zero

$750

Total

$14,450

 

This funding represents 100% program funding. No financial contribution is required by Council.

Risk Implications

Road crashes are a leading cause of preventable death and serious injury in the Australia and around the world.

 

Penrith City Council is proactive in its approach to reduce the incidence and severity of crashes through partnership approach that builds on the great work already being done across council and local communities.

 

Risks associated with the funding and identified projects have been considered as minimal and manageable.

Conclusion

Council’s Road Safety Program has been successfully implemented for more than twenty-five years, with Council’s Road Safety Officer successfully applying for annual funding and conducting in-depth analysis of annual motor accident statistics correlated to funded programs.

 

Encouragingly, the analysis shows a continuing downward trend in serious injuries across the Penrith LGA, which in part can be attributable to the ongoing success of Council’s Road Safety Program and partnership with the NSW Government.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Acceptance of Grant Funding under the NSW Government's Local Government Road Safety Behaviour Program 2021-22 be received.

2.     Council accept the grant offered by Transport for NSW under its Local Government Road Safety Behavioural Program, totalling $14,450, as outlined in the report.

3.     Council’s General Manager sign the Transport for NSW funding on the terms and conditions outlined in the TfNSW funding letter.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                       Page

 

7        Magnetic Places 2021                                                                                                      65

 

8        Establishment of Alcohol Free Zones and Alcohol Prohibited Areas for 2021-2025      75

 

9        RFT20/21-31 Kingsway Sports Fields Irrigation System                                                 82

 

 

 

 

 



Ordinary Meeting                                                                                                    26 July 2021

 

 

 

7

Magnetic Places 2021    

 

Compiled by:               Lila Kennelly, Community Resilience Coordinator

Donita Hulme, Cultural Engagement Officer - Neighbourhood Renewal

Authorised by:            Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We have safe, vibrant places

Strategy

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

Service Activity

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

      

 

Executive Summary

This report informs Council of the progress of the 2020-21 Magnetic Places Grants program and recommends 5 new collaborative arts projects for funding in 2021-22.

Magnetic Places is a celebrated grants program that positions Penrith City as an innovator in community-driven placemaking. The grants are an integral component of the Neighbourhood Renewal Program and seek to enrich the City’s older established areas and offer residents valuable opportunities for creative expression and connection.

Magnetic Places encourages innovative arts projects that are accessible for our residents as they share positive narratives of the places where they live. In 2020, the Magnetic Places grants program was refocused in response to the COVID-19 pandemic and associated health restrictions.

In the 2021-22 Magnetic Places round, 7 submissions were received with a total funding request of $65,600. The recommended 2021-22 projects will provide creative alternatives to in-person connection and support engagement with residents experiencing social isolation and those with limited access to arts and cultural expression.

This report recommends 5 projects to be funded by the Magnetic Places Grants Program 2021-22 for a total funding spend of $45,600 with the remaining $4,400 to be used to support promotion and activation.

Background

Since it began in 2007, Magnetic Places has funded 99 successful projects that celebrate collaboration, creativity and culture, positively impacting the lives of more than 15,000 residents in that time. Neighbourhood Renewal supports positive change by working with people where they live to enhance the wellbeing of their neighbourhood as a healthy and vibrant place.

Through the Magnetic Places program thousands of local residents in priority areas have contributed their energy and imagination to transformative projects lead by professional artists and community service organisations. The impacts of these projects include greater community cohesion, improved wellbeing, the development of safer and more attractive public spaces and the sharing of local stories.

The projects have also resulted in the installation of permanent and temporary artworks across the city’s Neighbourhood Renewal areas. The total annual available budget for Magnetic Places is $50,000.

Current Situation

With COVID-19 continuing to impact community life, Magnetic Places 2021-22 sought applications from artists and community organisations for arts projects providing innovative alternatives to face-to-face participation. This builds on the success of the 2020-21 program and seeks to provide rich arts and cultural opportunities for residents in Neighbourhood Renewal areas, with public outcomes to again be exhibited in St Marys Town Centre.

2020-21 Magnetic Places projects

In 2020, a total of six Magnetic Places projects were funded. Each project offered residents in Neighbourhood Renewal areas safe access to meaningful arts experiences. The projects provided alternatives to in-person participation with some residents receiving project materials in the post (A Cup Across the Fence), others picking up project postcards from locations in St Marys (Postcards From Home), and many using their mobiles phones to connect (Dear Tree, Our Symphony).

The outcomes of these exciting projects were shared with wider community through a two-night, COVID Safe program of Magnetic Places art activations held in Coachmans Park and West Lane car park, St Marys on 22-23 October, 2020. One of the first outdoor events hosted by Council after the easing of health restrictions, the art activations were well received by local residents. Over 300 people attended, many of whom returned with family and friends after driving past the park and seeing the vibrant lights and activations.

Residents enjoyed seeing the park transformed by public artworks and the opportunity to participate in creating works and connecting with each other after the lockdown period.

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Residents enjoying participatory artwork, Whisper, at the 2020-21 Magnetic Places activation event in Coachmans Park, St Marys

 

The six endorsed Magnetic Places projects in 2020-21 were:

Dear Tree by Rose Turtle Ertler
Residents were invited to get comfy in their gardens or local park and use their phones to record audio letters, starting with ‘Dear tree…’. Using these ‘letters’ to nature, artist Rose Turtle remixed them with ambient park sounds recorded in Kingswood to create a unique sound composition.

Art activation visitors were able to immerse themselves in the Dear Tree sound space as they stood or sat beneath the trees in Coachmans Park and were surrounded by the composed sounds of local voices and spaces.

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Dear Tree by Rose Turtle Ertler

Postcards From Home by Fusion Western Sydney

‘Old school’ access captured hearts in this project. Printed project postcards were freely available from St Marys Library, Fusion Café and selected St Marys shops. The postcards invited residents to share their reflections on life during lockdown. Community groups especially embraced this project, including it in their program of activities as restrictions eased. Completed postcards were 'posted’ back via distinctive white mailboxes in St Marys Library and Fusion café, and artist, Kathleen Travers, transformed received postcards into beautiful installations.

An Instagram account @postcardsfromhomearchive was developed to celebrate the stories captured. Also visitors to the art activation enjoyed the Postcards From Home outdoor gallery of large-scale prints in Coachmans Park.

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Postcards From Home by Fusion Western Sydney

A Cup Across the Fence by Varuni Kanagasundaram

With references to Indian culture (chai carts) and another time (yarning over the fence) this project brought delight to residents when they received two chai cups in the mail from artist, Varuni Kanagasundaram. The chai cups gave residents a reason to engage safely with their neighbours and to then get creative afterwards as, together, they recorded the sounds of smashing their cups (part of the chair cart tradition). Residents recorded the sounds on their phones for the artist and used the unglazed pottery shards as compost for their garden.

The resulting ‘Clay Symphony’ soundtrack was made available online in 2020.

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A Cup Across The Fence by Varuni Kanagasundaram

 

Our Symphony by Luke Hespanhol & Abhiruchi Chikara

Thanks to the technical skills of sound artists and academics, Dr Luke Hespanhol and Abhiruchi Chikara, residents were able to create their own soundscapes with this project’s phone-enabled website. This provided residents with different sound options that increased in number the closer you were to St Marys Town Centre, and each composition built on the sounds created by the last person using the website.

As each soundscape reached the Our Symphony speakers it created an exciting, interactive audiovisual artwork in front of the Coachmans Park stage. The power of algorithms generated projections that changed colour and movement with each upload. The unexpected outcome was children delightedly interacting with the sound and lights.

Graphical user interface, application

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Our Symphony by Luke Hespanhol & Abhiruchi Chikara

 

Reconnection by Laura Bestman/XYZ Productions

This project saw a replica spaceship land at West Lane carpark in St Marys. Mapped projections and a unique design by XYZ Productions brought this spaceship to life each night, delighting both young and old space adventurers. Using Instagram, residents could hashtag images from their time in lockdown and see them appear in the windows of the spaceship.

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Reconnection by Laura Bestman/XYZ Productions

 

Whisper by Office Feuerman

Artist and designer, William Feuerman worked with a team of emerging designers to create this visually stunning and unexpectedly intimate work of temporary public art. A series of reflective cuffs linked together to create a shiny arch in Coachmans Park. By speaking quietly into the crook of this stunning installation you could be heard by someone else at the other end of its sweeping curve as if you were side by side. This work allowed visitors and strangers to talk closely while at a safe distance.

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Whisper by Office Feuerman

2021 Magnetic Places grant applications and assessment

In 2020 the Magnetic Places grants program was reimagined to enable meaningful access and participation for residents in light of fluctuating COVID-19 related restrictions. The 2021-22 program’s outcomes remain the same, to amplify creativity, connection and vibrancy in older established neighbourhoods and to engage residents experiencing social isolation.

Promotion

The Magnetic Places promotional campaign and application period ran for five weeks, 31 May-5 July 2021. The program was promoted via Council’s website and social media, as well as local community networks and interagencies.

To extend the reach of the program's promotional campaign advertising via ArtsHub, the leading online resource for Australia arts, was used to generate interest. The campaign resulted in 20 enquiries from professional artists and organisations discussing a range of interesting project ideas with Council officers.

Eligibility and assessment criteria

All Magnetic Places projects must be open to residents living in one or more of Council’s 12 Neighbourhood Renewal areas. Eligible applicants can include professional artist/s with an ABN, non-government organisations, incorporated groups and unincorporated groups that are auspiced by an incorporated organisation.

A total of 7 grant applications were submitted to Magnetic Places 2021. The applications received were of a high quality and together totalled $65,600 in requested funds.

Eligible applications were assessed against their ability to meet the following criteria:

1.   Attract a variety of local residents

2.   Provide quality experiences for participants

3.   Offer options for remote delivery i.e. participation from home

4.   Generate positive experiences of place for participants and audiences

5.   Deliver a public outcome

6.   Work with a sound budget and implementation plan.

Applications were submitted online via SmartyGrants and assessed against the selection criteria and ranked the applications to provide a list of recommendations for funding.

When ranked against selection criteria and available funding, the competitive assessment process resulted in 5 projects being recommended, representing a total funding request of $45,600. These projects are outlined in Table 1. Appendix 1 provides further information and an outline of each of the projects recommended for funding.

Appendix 2 lists all applications not recommend for funding and provides a brief rationale against each project. Council officers will provide individual feedback to unsuccessful applicants to assist efforts with any future applications. Where appropriate, other funding sources will also be identified.

Table 1. Projects proposed for funding

No

Project

Applicant

Location

Request

Recommended

1

Magnetic Creative Faces

A creative film making project.

Loretta Farrell

Cambridge Park, Cranebrook,  North St Marys, Oxley Park, Penrith suburb, St Marys

$10,000

$10,000

2

St Marys Sings

A community choir and wellbeing project.

Fusion Western Sydney

Colyton, North St Marys, Oxley Park, St Marys

$5,600

$5,600

3

Untitled: untold tales by the unheard

A visual media and collaborative storytelling project.

Gabriel Faatau'uu-Satiu

St Marys

$10,000

$10,000

4

North St Marys - New Vision

A participatory mosaic project.

Abbas Makrab

North St Marys

$10,000

$10,000

5

Five Elements Orrery

An engaging visual arts project.

Laura Bestman

St Marys

$10,000

$10,000

 

Total funding requested and recommended for

2021-22 Magnetic Places projects

$45,600

$45,600


Financial Implications

Funding of up to $50,000 is available within existing Neighbourhood Renewal budgets included in the 2021-22 Operational Plan.

Risk Implications

The 2021-22 round of Magnetic Places has been developed to mitigate the risks of in-person programming being disrupted by factors such as the outbreaks of disease or extreme weather events. All applicants must comply with Council's policies and procedures as a condition of receiving the grant, including maintaining Public Liability Insurance. Council officers will work closely with successful applicants to ensure project activities mitigate any possible risks to the community.

Many applicants made provision for additional costs as a result of COVID safe measures and Council officers will provide support where possible. It is also acknowledged that some projects will be impacted by cancellations or rescheduling and we will stay flexible with timeframes to ensure safety of the community is the paramount concern.

Conclusion

Through the 2020-21 Magnetic Places Grants Program, over 500 residents enjoyed arts experiences through six projects shaped with artists, community service providers, and neighbours to amplify their own creativity and transform how they experience the places they live.

If endorsed by Council, the 5 Magnetic Places projects (totalling $45,600) recommended for funding in 2021-22 will provide Penrith residents with safe opportunities to participate in exciting projects that utilise different experiences and enable people to connect in new ways. This round of Magnetic Places will showcase successful approaches that can be used to engage with a diverse range of people and continue to position Penrith City as a leader in community-driven placemaking and creative neighbourhood renewal.

 

RECOMMENDATION

That:

1.     The information contained in the report on Magnetic Places 2021 be received

2.     The 5 projects listed in Table 1 be funded as part of the Magnetic Places Grants Program 2021-22

 

 

ATTACHMENTS/APPENDICES

1.

Recommended Projects

1 Page

Appendix

2.

Projects Not Recommended

1 Page

Appendix

  


Ordinary Meeting                                                                                                                  26 July 2021

Appendix 1 - Recommended Projects

 

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Ordinary Meeting                                                                                                                  26 July 2021

Appendix 2 - Projects Not Recommended

 

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Ordinary Meeting                                                                                                    26 July 2021

 

 

 

8

Establishment of Alcohol Free Zones and Alcohol Prohibited Areas for 2021-2025   

 

Compiled by:               Allison Kyriakakis, Community Safety Team Lead

Lila Kennelly, Community Resilience Coordinator

Olivia Kidon, Community Safety Team Lead

Authorised by:            Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

Maintain a Community Safety Plan for the City

      

 

Executive Summary

Penrith City Council has a total of 87 alcohol-free public spaces across the City. This includes 56 Alcohol Free Zones (applicable for public roads, footpaths and car parks) and 31 Alcohol Prohibited Areas (applicable for parks, reserves and public open spaces). These locations were established as alcohol free for the four year period 1 July 2017 to 30 June 2021, alongside broader efforts to promote community safety and vibrant public spaces.

 

Following a consultation and review process conducted in accordance with sections 632A and 644 of the Local Government Act 1993, it is proposed to re-establish the existing Alcohol Free Zones and Alcohol Prohibited Areas (refer Appendix 1) for an additional four year period.

 

This report updates Council on the review process and recommends that existing Alcohol Free Zones and Alcohol Prohibited Areas be re-established for the four year period from 1 July 2021 to 30 June 2025.

Background

Alcohol Free Zones and Alcohol Prohibited Areas are an enforcement tool to assist police in responding to reported incidents of alcohol-related antisocial behaviour. They are one of the strategies used by Council to promote safe, vibrant and active public spaces across the city.

 

‘Alcohol Free Zones’ can be established and are enforced under Section 644 of the Local Government Act 1993 to prohibit the consumption of alcohol on a designated public road, footpath or carpark. Alcohol Free Zones are enforced by the police and any person observed to be drinking in an Alcohol Free Zone may have the alcohol seized and tipped out or otherwise disposed of. An Alcohol Free Zone can be established for a maximum period of four (4) years. Once established, it applies 24 hours per day, seven (7) days per week.

 

‘Alcohol Prohibited Areas’ can be established and are enforced under Section 632A of the Local Government Act 1993. A council may declare any public place (or any part of a public place) in the council’s area to be an Alcohol Prohibited Area, apart from spaces which are a public road (or part of a public road) or car park.

 

Alcohol Prohibited Areas do not have a maximum timeframe, however for consistency, Council’s Community Safety team reviews Alcohol Prohibited Areas once every four (4) years in conjunction with Alcohol Free Zones. Alcohol Prohibited Areas can be time-specific (i.e. to prohibit alcohol only during certain times of the day or days of the week) or can be 24 hours per day, seven (7) days per week. The police enforcement controls for Alcohol Prohibited Areas are the same as those for Alcohol Free Zones.

 

The key differences between Alcohol Free Zones and Alcohol Prohibited Areas are summarised in Table 1 below.

 

 

 

 

 

 

Legislation

 

Alcohol Free Zone

 

Alcohol Prohibited Area

 

Section 644

Local Government Act 1993

 

Section 632A

Local Government Act 1993

Eligible Locations

Public roads, car parks and footpaths

Public places other than roads, car parks or footpaths (e.g. parks, reserves and open spaces)

 

Duration

4 Years

Unlimited

Enforcement Period

Signs must operate 24 hours, 7 days per week

As specified on sign. Can be time-restricted (e.g. 10:00pm to 8:00am) or 24/7

Penalties

Alcohol tipped-out and/or confiscated by police

Alcohol tipped-out and/or confiscated by police

Table 1:

 

Reasons for establishing an Alcohol Free Zone or Alcohol Prohibited Area

 

A proposal to establish a new Alcohol Free Zone or Alcohol Prohibited Area must be supported by evidence of alcohol-related antisocial behaviour. This may include police statistics or ongoing community reporting.

 

For example, there could be instances of malicious damage to property, frequent littering of alcohol bottles/cans, or offensive or intimidating behaviour impacting on people’s use of the space or perceptions of safety.

 

Alcohol Free Zones and Alcohol Prohibited Areas are an enforcement tool and not a ‘stand alone’ strategy, nor are they are one-size-fits-all approach. They are implemented and monitored in conjunction with other efforts where alcohol consumption in a public space becomes a community concern. This may include:

 

·    Local safety audits of a public space to implement environmental changes to improve amenity, such as improved community facilities, lighting or activation programs to support more positive community uses;

 

·    working with local community groups and stakeholders to help respond to disadvantage or to support vulnerable residents (such as the Village Café);

 

·    Supporting local efforts and campaigns aimed at reducing alcohol consumption and the associated impacts on community health.

 

 

 

 

 

 

Review and Consultation Process

 

In accordance with Section 644 of the Local Government Act 1993, Council must follow the same procedures when wishing to re-establish Alcohol Free Zones for another four (4) year period as it does when establishing them for the first time. Although legislation does not require it, for consistency, Council also applies the same procedures for the proposed re-establishment of Alcohol Prohibited Areas. This includes:

 

1.   Consultation with local police regarding suitability of the locations proposed by Council and advice on other suitable locations.

 

2.   The advertisement of a public notice in local newspapers with a 30-day period to allow an opportunity for public comment.

 

3.   Advising liquor licensees and secretaries of registered clubs adjacent to the proposed Alcohol Free Zones/Alcohol Prohibited Areas of the intention.

 

4.   Advising the Anti-Discrimination Board of Council’s intention to establish the zones/areas.

 

5.   Advising any known community organisation representing or able to speak on behalf of an identifiable Aboriginal or culturally and linguistically diverse group within the local area and inviting representations or objections within 30 days from the date of sending the copy of the proposal.

Current Situation

The above consultation and review process is now complete. This included:

 

·    Direct consultation with Nepean Police Area Command regarding the proposal and suitability of the existing locations. Police indicated that the current locations are adequate and assist local police officers in responding to reports from the community regarding alcohol-related antisocial behaviour in public spaces. Police have therefore given support for the re-establishment of the current Alcohol Free Zones and Alcohol Prohibited Areas to continue to assist them with ongoing enforcement efforts. No new locations were recommended.

 

·    Public notices advertised in the Western Weekender inviting comments on the proposal from 27 May 2021 to 29 June 2021. No responses or objections were received from the community.

 

·    Written notifications sent to local licenced clubs and venues adjacent to each of the proposed locations. No responses or objections were received.

 

·    Advising the Anti-Discrimination Board. A response was received from the Board on 9 July 2021 with no objection to the proposal.

 

·    Notifications sent to local community organisations including Nepean Community & Neighbourhood Services; NSW Department of Communities & Justice; Nepean Blue Mountains Local Health District; Greater Western Aboriginal Health Service; and Nepean Multicultural Access. No responses or objections were received.

 

A report providing an update on the proposal to re-establish Alcohol Free Zones and Alcohol Prohibited Areas for a further four (4) year period was presented to the June meeting of the Penrith Community Safety Partnership. The Partnership resolved for the information contained in the report regarding the re-establishment of the alcohol free public spaces to be received. 

 

Next Steps

 

Given the support from local police who enforce the signage, and absence of objections from the local community and stakeholders, it is recommended that the current Alcohol Free Zones and Alcohol Prohibited Areas be re-established by Council.

 

Pending Council endorsement via a resolution, a second public notice will be advertised in local media and relevant organisations will be notified of the Alcohol Free Zones and Alcohol Prohibited Areas that have been re-established for a new four (4) year period. Signage will also be updated at each location to clearly indicate the locations enforceable.

 

Financial Implications

 

Costs associated with the re-establishment of Alcohol Free Zones and Alcohol Prohibited Areas are the advertising of a public notice, auditing and update or replacement of existing signage. These costs will be accommodated within the existing Community Safety Program included in the 2021-22 Operational Plan.

Risk Implications

The risk implications associated with the re-establishment of Alcohol Free Zones and Alcohol Prohibited Areas are minimal.

Conclusion

Alcohol Free Zones and Alcohol Prohibited Areas are an important enforcement tool that assist Council and Nepean Police Area Command to respond to alcohol-related antisocial behaviour at identified locations. They operate alongside other Council strategies to provide safer public spaces for the community to enjoy and support community wellbeing.

 

A review and consultation process has now been completed for the proposal to re-establish Alcohol Free Zones and Alcohol Prohibited Areas for an additional four (4) year period from 1 July 2021 to 30 June 2025. This was conducted in accordance with legislative requirements under the Local Government Act 1993. No objections were received from the community or local stakeholders and the proposal received support from local Police.

 

It is recommended that the current locations be re-established to operate alongside other community safety strategies to support safety and amenity in our public places across the City.

 

RECOMMENDATION

That:

1.     The information contained in the report on Establishment of Alcohol Free Zones and Alcohol Prohibited Areas for 2021-2025 be received

2.     Council endorse the re-establishment of Alcohol Free Zones and Alcohol Prohibited Areas at designated locations effective for the four year period from 1 July 2021 to 30 June 2025.

3.     Alcohol Free signage be updated at relevant locations as required to reflect the new timeframe and support local Police with enforcement efforts.

 

 

ATTACHMENTS/APPENDICES

1.

Alcohol Free Zones & Alcohol Prohibited Areas

2 Pages

Appendix

  


Ordinary Meeting                                                                                                                  26 July 2021

Appendix 1 - Alcohol Free Zones & Alcohol Prohibited Areas

 

PDF Creator

PDF Creator


Ordinary Meeting                                                                                                    26 July 2021

 

 

 

9

RFT20/21-31 Kingsway Sports Fields Irrigation System   

 

Compiled by:               Michael Shahidi, Project Supervisor

Authorised by:            Michael Jackson, Design and Projects Manager

Brian Steffen, Director - City Services  

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

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

      

 

Executive Summary

The Tender reference RFT 20/21-31, for the design and construction of Kingsway Sports Field Irrigation System, was advertised through Apet360 on 31 May 2021. The Tender closed on 28 June 2021.

The Kingsway Sports Field Irrigation will be a more reliable system that will have a positive impact on the quality of the sports fields to better serve the local sports groups and community.

 

This report advises the Council of the outcome of the tender evaluation process and recommends that the tender received from Never Stop Irrigation Pty Ltd be accepted for the full scope of works outlined in RFT 20/21-31 for the design and construction of Kingsway Sports Fields Irrigation System for the amount of $266,686.42 (excluding GST).

Background

The current irrigation system is beyond its useful lifecycle and is required to be replaced. The Kingsway Irrigation Project is being undertaken to upgrade the Sports Field Irrigation System and better support the sporting clubs that use the Fields.

The tender called for the services of contractors with suitable experience in sporting irrigation systems to design and construct a new Irrigation System.

The project will be delivered utilising funds from the NSW Government’s Greater Cities Sports Facility Fund (GCSFF) as part of a wider program of field surface improvements across the venue.  More detail regarding this project and the budget is in the GCSFF report also included in this business paper.

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Michael Shahidi-Project Supervisor, James Craig-Project Supervisor and was chaired by Mudassar Fayyaz-Major Projects Coordinator. Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

Tender Evaluation Criteria

Tenderers for the project were required to submit their tender using the Apet360 tendering software, which clearly defined the response required against each of the evaluation criteria.

The tenders were assessed using the advertised evaluation criteria of:

·    Business references

·    Demonstrated ability.

·    Work’s method and program

·    Financials

·    Employment policies and details (direct labour and sub-contractors)

·    Local Business Preference

·    Quality Assurance and Environmental Management Systems

·    Work Health & Safety

·    Value for money

Summary of Tenders Received

A total of four (4) tenders were received by the closing date of the advertised tender and are listed below in price order (ex GST).

Company

Tendered Price

Company Address

Owners/Directors

Never Stop Irrigation Pty. Ltd.

$266,686.42

Unit 10/ 32 Campbell Avenue, Cromer NSW 2099

Blair Taylor

Aqua Irrigation Holdings Pty. Ltd.

$341,911.58

41 Douglas Mawson Rd, Dubbo NSW 2830

James Gibson

Romba Pty. Ltd.

$389,623.36

Unit 3/17 Bromley Rd

Emu Heights NSW 2750

Australia

Darryl Burgmann

Therise Burgmann

Hawkesbury Valley Irrigation Pty. Ltd.

$394,193.86

1/52 Mileham St, Windsor NSW 2756

Neale Tweedie

Kerrie Tweedie

 

All four tenders received were assessed against the evaluation criteria.

Evaluation of the Preferred Tender

The tender received from Never Stop Irrigation was considered by the Tender Evaluation Committee to offer best overall value for money.

 

The recommended company, Never Stop Irrigation, was selected based on their:

 

1)   Compliance with the tender evaluation criteria

2)   Delivery design and program method,

3)   Demonstrated ability to meet Council’s requirements,

4)   Extensive experience in delivering irrigation systems; and

5)   Competitive price for the services offered.

 

Clarifications were requested from Never Stop Irrigation prior to finalising the committee’s recommendation to provide further assurance of design, program delivery and price. These clarifications are factored into the tender evaluation and do not represent a risk to project.

 

 

 

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Never Stop Irrigation. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd.  Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded.

The project will be delivered utilising funds from the NSW Government’s Greater Cities Sports Facility Fund (GCSFF) as part of a wider program of field surface improvements across the venue. The recommended tender is within available budget and does not represent a financial risk.

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 Design and Construction of RFT20/21-31 Kingsway Sports Field Irrigation, noted the recommended company has demonstrated their ability to meet Council’s requirements, their proposal is the lowest cost and considered to be the most advantageous to Council. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

The tender process outlined in this report includes controls regarding probity and ensuring value for Council, overseen by the Tender Advisory Group. The works will be undertaken in accordance with Work Health & Safety systems. This project will replace the existing system with public safety a key part of the construction methodology and project plan.

Conclusion

All four tenders received were assessed against the evaluation criteria. Never Stop Irrigation Pty Ltd provided the best price that also meet the tender evaluation criteria to undertake the project. It is recommended that the proposal and lump sum price from Never Stop Irrigation Pty Ltd, for the amount of $266,686.42 (excluding GST) be accepted for Design and Construction of RFT20/21-31 Kingsway Sports Fields Irrigation System.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT20/21-31 Kingsway Sports Fields Irrigation System be received.

2.     The tender from Never Stop Irrigation, for the amount of $266,686.42 (excluding GST) be accepted for RFT20/21-31 Kingsway Sports Fields Irrigation System.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 5 - We care about our environment

 

 

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

 

10      Outcomes of Youth Week Forum on Housing                                                                 91

 

11      Community Assistance Program Planned Component 2021-22                                     95

 

12      Real Festival Event Strategy and 10 Year Plan 2021-2031                                          104

 

13      Naming of PP&VA Atrium Foyer in Recognition of The Hon. Peter Anderson AM       112

 

14      Greater Cities Sports Facility Fund - Successful Grants                                               115

 

 

 

 

 

 

 



Ordinary Meeting                                                                                                    26 July 2021

 

 

 

10

Outcomes of Youth Week Forum on Housing   

 

Compiled by:               Lila Kennelly, Community Resilience Coordinator

Katerina Tahija, Community Capacity Officer

Marcela Hart, Community Capacity Lead

Authorised by:            Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Deliver programs and work with government and community organisations to improve the capacity and social wellbeing of the community

      

 

Executive Summary

The purpose of this report is to inform Council about the progress of the Youth Action Plan 2020-2025 and the outcomes of a recent Youth Forum held on the topic of homelessness and housing insecurity for young people. The report recommends that Council receive this information.

Background

In 2020, Council took the opportunity to listen to, understand, and develop innovative and responsive actions to meet the needs and aspirations of young people though the development of the Youth Action Plan 2020-25 (attached). The Youth Action Plan was endorsed at the Ordinary Meeting of Council on 28 September 2020.

To ensure young people’s voices were heard, Council reached out and engaged with a diverse range of young people, representing different ages, subcultures, interests, and priorities. Over 280 young people had their say.

The Youth Action Plan 2020-25 (YAP) was developed in response to key issues identified by young people with four guiding themes:

1.   Connection
Young people have opportunities to feel connected to each other and the broader community through participation in social, cultural and environmental projects and activities.

2.   Wellbeing
Young people have opportunities to be active, safe and make lifestyle choices that support physical and mental well-being.

3.   Pathways

Young people have meaningful pathways to what they need now and for their future.

4.   Access

Young people have access to services that are appropriate, affordable and available with well trained staff and the local service sector is well coordinated.

The YAP guides the work of Council and the community sector in making a difference for young people across the City.

 

Key Achievements to Date

Since the YAP was endorsed in September 2020, a number of key achievements have been delivered. This includes Council’s support for the Youth Week 2021 program, which offered a series of activities in April this year, jointly funded by Council and the NSW Department of Communities and Justice, including:

·    Skate Claire Event
Led by Community Junction, this event saw over 100 young people attend St Claire skatepark to enjoy a youth skate event supported by a range of Penrith Youth Interagency local services.

·    Werro Outdoor Movie Night
Led by Community Junction, this youth led event had 45 people celebrate youth week by attending an outdoor movie night. Young people helped to run the event which was supported by a range of local services.

·    Youth Homelessness Matters Event
Supported by Penrith Youth Interagency services, this event held in the Mondo sought to raise the profile of Youth Homelessness issues and connect young people to appropriate support networks and information. Over 45 people attended the event which featured Aboriginal artworks facilitated by Platform Youth Services.

Other key achievements of the YAP to date include:

·    Campaign to promote and profile the YAP
Council produced a webpage featuring a video to further profile the importance of the YAP and what it means to young people. This was shared via social media. The webpage also links to the YAP document which contains key demographic data about the City’s young people for services and key stakeholders to utilise.

·    Development of a Youth Services Video 
A video was developed by the Penrith Youth Interagency to send a message to young people that youth services were still available for support and connection during periods of lockdown.

·    Launch of Pride Place project
Pride Place, an inclusive space for LGBTIQA+ young people and their families and friends was launched with local services in May 2021. The project aims to promote connection and wellbeing and is supported by the Penrith Youth Interagency.

·    Employment Services Expo

An employment services expo was held at the Schools Industry Partnership with a number of different youth organisations and local schools. Over 120 young people attended with their teachers to look at employment opportunities and career pathways.

·    Resilience Action Plan - Youth Engagement
Over 80 young people had their say in the development of Council’s Resilience Action Plan, helping to identify key themes and actions relevant for local young people.

·    Youth Forum

Council also delivered a Youth Forum focused on identifying issues related to youth homelessness. Information about this Forum is outlined in the following section of the report.

 

Youth Week Forum - What Does Home Mean

Youth homelessness and access to stable housing was a key challenge identified by young people who had their say in the development of the YAP. Councillors received a memo on April 9th informing them that a youth forum would be held during Youth Week to profile issues of homelessness and housing security. These issues were identified as a priority action under Theme 3 of the YAP, Pathways - Young people have meaningful pathways to what they need now and for their future.

The Forum

Penrith City Council hosted a forum during Youth Week 2021 for young people to talk together about what ‘home’ means at different times along the pathway to independence. The purpose was to identify the lived experiences of young people accessing safe and affordable housing and how to best support young people at risk of homelessness into the future.

A panel of eight young people aged 16-21 shared their experiences around safe and affordable housing and using youth and homelessness support services. The audience included local stakeholders with whom the young people felt trust with, including local youth services and Council staff. A facilitated discussion explored a range of themes with young people to identify key challenges and opportunities for the future.

Whilst participants had different experiences of homelessness, housing, and use of services, they described in similar ways what ‘home’ meant to them and shared challenges and messages about their lived experiences of seeking safe and stable homes. These findings highlighted the importance of:

·    Working alongside young people to understand their situation and build their capacity

·    Providing reliable information and communication to young people throughout service delivery

·    De-stigmatising youth homelessness issues

·    A “no wrong door” approach to service provision

·    Access to local housing to enable young people to retain their social support networks

·    Raising awareness of youth homeless issues and housing options through schools and peers

Next Steps

Council will distribute resources and other supporting information developed through the forum to a range of local stakeholders, including young people, local services, schools, government agencies and the local community.  The YAP will also be distributed to support awareness of the issues raised locally by young people and the responses by Council and the Penrith Youth Interagency.

The young people involved in the forum also indicated they would like opportunities to share their stories and experiences to support their peers. Council staff will support the young people to build their skills and share their stories through appropriate channels to raise awareness of the issues identified at the forum.

Youth Action Plan priorities for 2021-22

Whilst young people are resilient and capable, they continue to face a range of challenges including the ongoing impacts of the COVID-19 pandemic on their wellbeing and future opportunities. Over the next year, delivery of the YAP will focus on five key objectives to support young people across the City:

1.   Young people have opportunities for formal and informal health and wellbeing activities

2.   Increase opportunities for young people to study, train and work locally

3.   Young people are supported to stay in education longer

4.   Young people are aware of local services and how to access them

5.   Council and the Youth Sector identify service gaps and look for funding opportunities

A range of actions will be undertaken to deliver upon these objectives, with Council working closely with the community sector and partners to drive positive outcomes.

Financial Implications

Projects to deliver outcomes for young people and the community will be identified through the implementation of the Youth Action Plan 2020-25. Identified projects will be delivered within existing Operational and Delivery Program funding or Grant funding opportunities that may arise. Should the need arise for additional funds, the existing processes for requesting new funds will apply.

Risk Implications

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

Conclusion

Council continues to deliver outcomes for young people through the delivery of the Youth Action Plan 2020-25. A recent Youth Forum on the theme of safe and accessible housing will help to raise the profile of issues for those at risk of homelessness and help to inform future service delivery.

 

RECOMMENDATION

That the information contained in the report on Outcomes of Youth Week Forum on Housing be received.

 

 

ATTACHMENTS/APPENDICES

1.

Youth Action Plan Booklet

20 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    26 July 2021

 

 

 

11

Community Assistance Program Planned Component 2021-22   

 

Compiled by:               Lila Kennelly, Community Resilience Coordinator

Claire Galvin, Community Capacity Officer

Marcela Hart, Community Capacity Lead

Authorised by:            Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Deliver programs and work with government and community organisations to improve the capacity and social wellbeing of the community

      

 

Executive Summary

This report informs Council of the progress of the Planned Component of the Community Assistance Program for 2020-21.

The Community Assistance Program (CAP) provides small grants to non-profit organisations and community groups to meet local community needs. CAP enables many organisations and groups across the city to deliver activities, programs and events that build capacity and contribute to the wellbeing of our communities. The maximum available grant is $1,500 per project. The available budget for 2021-22 is $41,779. 

Council received 30 applications requesting a total of $39,579.70 from a diverse range of organisations that provide services to residents. Of these, 29 have been recommended with a high ranking for full funding. The total amount recommended for funding is $38,379.70.

It is proposed that the remaining $3,339.30 is distributed in 2021-22 via the CAP Rolling Component.

The report recommends that the information contained in the report on the CAP Planned Component 2021-22 be received and that Council approve funding as outlined in this report for an amount totalling $38,379.70.

 

Background

CAP is entering its 27th year of providing small grants that have enabled local groups to deliver hundreds of projects that have had a positive impact for many thousands of residents. Focused on supporting local groups to meet local community needs, CAP grants often assist groups to try new ways of engaging with the community or respond to new or emerging needs.

For relatively small amounts of money, CAP achieves a significant impact. By funding local groups to run programs and activities, CAP supports organisations to build community capacity and contributes to the wellbeing of our communities. CAP plays an important role in recognising and enhancing the value of community connections and the contribution of local community groups across Penrith City.

There are two components of the Community Assistance Program:

Planned Component
Undertaken annually, the Planned Component supports local community organisations with funds for programs and activities planned for the current financial year. The majority of CAP funds are allocated under the Planned Component.

Rolling Component
Recognising that not all funding needs can be foreseen, the Rolling Component allows for one-off requests to be considered by Council at any time during the year. This provides a flexible supplement to the Planned Component of the program. The Rolling Component has a total budget of $8,746 in 2021-22. It is proposed that the remaining $3,339.30 from the CAP Planned Component is distributed in 2021-22 via the CAP Rolling Component.

Eligibility and Assessment Criteria

All projects must satisfy the following criteria to be eligible for CAP funding:

·    Community based non-profit organisations providing one off activities

·    Direct benefit to, and participation by, Penrith City residents

·    Project and project management in line with Council’s Access and Equity Principles.

Fundraising programs or organisations whose main role is to fundraise are not eligible.

Recommendations for funding are made according to the assessment criteria listed below:

·    How effectively the proposed project addresses priority social needs of Penrith City residents;

·    The expected outcomes and beneficiaries of the project, ensuring the distribution of funds to meet the needs of the diverse communities of Penrith City;

·    The willingness of the applicant to work collaboratively with residents and other community groups;

·    How effectively the proposed project contributes to capacity in the community or community groups;

·    The capacity of the applicant to access alternative resources or funding for the proposed project, including whether the proposed project is a core responsibility of an existing Government funded program;

·    How achievable and cost-effective the proposed project is.

All Planned and Rolling Component applications are assessed against these eligibility and assessment criteria, which were reviewed and endorsed by Council in July 2018.

CAP 2021

Promotion 

The 2021-22 CAP Planned Component funding round opened for five weeks between 31 May and 5 July, with promotion via the Western Weekender, Council’s website and social media, as well as local community networks and interagencies. To apply, an application form must be submitted, identifying project objectives, population target groups, budget and benefits to the local community.

To support local community groups to access funding opportunities, officers from the City Activation, Community and Place Department hosted an online Grant Information Session on 1 June. An online Grant Writing Workshops was also held, which provided participants opportunities to learn techniques and practice crafting well-written responses to grant application questions.

In this round, Council received 30 applications requesting a total of $39,579.70.

 

 

Applications Highly Ranked for Funding

Of the 30 applications received, 29 have been recommended with a high ranking for funding following assessment against key criteria. Many applicants made provision for additional costs as a result of COVID safe measures and Council officers will provide support where possible. It is also acknowledged that some projects will be impacted by cancellations or rescheduling and we will stay flexible to ensure safety of the community is the paramount concern.

The total amount recommended for funding is $38,379.70.

Table 1 below is a summary of all projects with a high ranking that are recommended for funding.

 

Table 1 – Highly Ranked for Funding

No

Group

Project Title

Project Description

Amount Requested

Amount Recommended

1

Community Junction Inc.

Mandala Art Wellness Workshops

Mandala Art Wellness Workshops This workshop series will provide participants the skills of Mandala Art and help participants manage their stress and benefit their overall mental health.

$1500

$1500

2

Legacy Club

Connecting Penrith Widows: Day Trip

A day trip for a group of veterans' widows based in Penrith to offer group support, friendship building opportunity, and alleviate social isolation.

$1500

$1500

3

Taste of Everything

A Sense of Giving

Working collaboratively with Glenmore Park Child and Family Centre to make a variety of craft and garden activities for use in the centre.

$1200

$1200

4

St Toms Anglican Church

Carols in the Park 2021

Christmas Carols event with a live band on stage, food and a fireworks display at the conclusion of the show.

$1500

$1500

5

 

Noro Music Therapy

Guitars for Vets

Celebration gathering for veterans who participated in the “Guitars 4 Vets” program. Opportunity to share a meal, jam session, and general socialising

$1500

$1500

6

Nepean Men’s Shed

CPR training

To undertake Cardiopulmonary Resuscitation Training and assessment in line with the Australian Resuscitation Council (ARC) guidelines.

$1100

$1100

7

St Clair and District Men’s Shed

Healthy Eating

Educating men without partners to be able to cook a series of meals that are healthy and nutritious.

$1500

$1500

8

Penrith Gorillas Soccer Club

Kids soccer fitness program

Encouraging kids aged 3 to 16 more active through free soccer training workshops.

$1200

$1200

9

Thornton Community Group

Thornton Estate Pocket Park Picnics

Purchase of Giant Garden Games to be used by participants at Pocket Park Picnics and two (2) tear drop banners to advertise these events in Thornton

$1400

$1400

10

Nepean Community and Neighbourhood Services

Friends and Neighbours Seniors Group Xmas lunch (Emu Plains)

Seniors Group in Emu Plains who meet fortnightly for social interaction, games, activities and morning tea.

$1000

$1000

11

Nepean Community and Neighbourhood Services

Golden Oldies Seniors Group Xmas lunch (South Penrith)

Seniors Group for men and women in South Penrith who meet weekly for social interaction, games, trivia, housie, morning tea and craft activities.

$1200

$1200

12

Thornton Community Group

Thornton Hobby Hub

A Hobby Hub for people to share their hobby/craft experience with others informally, facilitating the development of new skills, building strong local networks and friendships.

$1380

$1380

13

Nepean Community and Neighbourhood Services

Music Connect

Provide access and introduction to Music Therapy for the Aboriginal children on the Autism spectrum that attend the Play Connect program.

$1500

$1500

14

Community Junction

Balance and Body

A program for parents with children 0-12 years providing childcare respite and encouraging positive Mental Health habits based around healthy eating and yoga.

$1430

$1430

15

Western Sydney Rollers

Roller Derby Open Day

Western Sydney Rollers will host an inclusive free community open day event to promote participation in roller derby as part of a healthy lifestyle.

$1500

$1500

16

Thornton Community Group

Conversational English

The project engages people isolated by language and cultural barriers by teaching written and spoken English in a supportive and inclusive community environment.

$1500

$1500

17

Cerebral Palsy Alliance - Kingswood

Eye-gaze communication technology for children with disability

This project will support children with complex disabilities to access eye-gaze technology to support independent communication.

$1500

$1500

18

Nepean Community and Neighbourhood Services - Koolyangarra

Kooly Climbs

The addition of age-appropriate climbing equipment for use by playgroup children at the Koolyangarra Aboriginal Family Centre in Cranebrook.

$1500

$1500

19

Riverland Harmony Chorus

National Womens’ Barbershop Competition Adelaide 19-22 May 2022 preparation

A new sound system for use at Penrith community performances (shopping centre carolling, Senior Citizens performances) will assist practice and preparation for this national event.

$1500

$1500

20

Nepean Community and Neighbourhood Services – early childhood team

Walking the Talk

Provide education to assist parents and care givers in becoming more confident to help their children with speech and language development.

$1500

$1500

21

Vinnies Support Centre Penrith

Starter Kits for Homelessness Program (Vinnies Penrith Centre)

Kits to help people rebuild their lives - ie. those who experienced domestic violence, recently released from incarceration, and/or have left home for various reasons.

 

$1200

$1200

22

WestCare – Penrith Men’s Walk and Talk

Invites For Life - Penrith Men's Health

Reaching vulnerable male Penrith residents through targeted distribution of Penrith Men's Walk & Talk flyers to engage and improve their physical, mental and social health.

$1500

$1500

23

Little Wings Limited

Little Wings Children's Flight Program

Training for 20 Penrith based volunteers that work with us to provide free air and ground transport for seriously ill children in regional NSW, allowing them access to life-saving treatment via city based hospitals.

$1500

$1500

24

Our Community Cares Incorporated

Toolbox

Volunteers are organised to provide Penrith aged and ill residents with assistance for small jobs to improve their comfort. Laptop is essential to keeping project information in order.

$1123.70

$1123.70

25

Blue Mountains and Penrith Woodworking Club Inc

Creative Wood Carving

To enhance the woodworking skills and mental health of our members from both genders through the development of wood carving tools and techniques.

$720

$720

26

Penrith Gorillas Soccer Club Inc

Connecting Aged People to the Community

Penrith Gorillas will conduct outdoor activities day (games with fun) for older people to connect them to the community boost their activity

$1250

$1250

27

Risky Business

Penrith Pride Place

Pride Place will provide support to the LGBTQI+ community and allies and families offering resources and programs.

$1200

$1200

28

Community Junction - Youth Ready

Dice it! Youth cooking & wellbeing program

The project aims to upskill and improve the well-being of young people through exercise, nutrition, cooking, and budgeting.

$1200

$1200

29

The Shepherd Centre for deaf children

Kidscape for children with hearing loss in Penrith

Kidscape is an arts and music group education program for children with hearing loss and their families living in the Penrith area.

$776

$776

Total funding requested and recommended for 2021-22 CAP Planned Component

$38,379.70

 

One remaining application was deemed ineligible due to applicant entity status (a school).

The application was from Kingswood Park Public School requesting $1200 for a community outdoor movie night. This applicant will be encouraged to redirect their application to the CAP Rolling Component, through their school P&C organisation or in partnership with a local community organisation, which does meet applicant eligibility requirements

 

CAP Rolling Component 2021-22

Both residents and community organisations continue to feel the impacts of the COVID-19 pandemic. A range of needs and challenges continue to emerge within the community. In order to support the changing needs of the community at this time, it is proposed that the remaining $3,339.30 available in the CAP Planned Component budget is allocated to the Rolling Component.

A total of $12,085.30 of funding will be available via the CAP Rolling Component for local organisations. This will be promoted to community groups again in late 2021 to encourage applications responding to emerging needs.

Financial Implications

Funding for Community Assistance Program – Planned Component 2021-22 projects is made available through City Activation, Community and Place as part of Council’s 2021-22 Operational Plan. Funding of up to $41,779 is available for successful projects and applicants were able to apply for up to $1,500 for projects. To receive funding, applicants must provide a budget breakdown as part of their application and meet eligibility criteria. 29 projects totalling $38,379.70 are recommended for funding from the Planned Component CAP budget.

Risk Implications

The 2021-22 Community Assistance Program – Planned Component has been developed to mitigate the risks of face to face programming being disrupted by factors such as the outbreaks of disease or extreme weather events. All applicants must comply with Council’s policies and procedures as a condition of receiving the grant, including maintaining Public Liability Insurance. Council officers will work closely with successful applicants to ensure project activities mitigate any possible risks to the community.

Conclusion

Council received 30 applications requesting a total $39,579.70 for CAP funding in the 2021-22 Planned Component. The available budget for the CAP Planned Component is $41,779. After careful consideration against the identified criteria, 29 projects totalling $38,379.70 have been ranked highly and are recommended for funding.

The projects recommended for funding cover a range of target groups and suburbs across the City. These projects address a range of social needs, including several city-wide initiatives as well as projects targeted to improve access to opportunities for disadvantaged community members.

 

RECOMMENDATION

That:

1.     The information contained in the report on Community Assistance Program Planned Component 2021-22 be received

2.     Council approve funding the highly ranked applications and amounts totalling $38,379.70 as outlined in Table 1 of this report with $38,379.70 allocated from the Planned Component 2021-22 Community Assistance Program and for remaining funds to be distributed through the CAP Rolling Component.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    26 July 2021

 

 

 

12

Real Festival Event Strategy and 10 Year Plan 2021-2031   

 

Compiled by:               Colin Dickson, Events Team Leader

Rebekah Elliott, Place and Activation Coordinator

Christine Glasson, Events Producer - Real Festival

Authorised by:            Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are healthy and share strong community spirit

Strategy

Enhance the cultural vitality of the City

Service Activity

Support and implement initiatives which contribute to culture and creativity across our City

      

 

Executive Summary

The purpose of this report is to seek endorsement for the Event Strategy and 10 Year Plan 2021-2031 for Council’s flagship event, the Real Festival. The document has been produced in consultation with key internal stakeholders and industry experts and Councillors have been provided with updates on the progress of the plan’s development at briefings on 19 April and 12 July 2021.

The Strategy sets a clear direction and suite of actions for the festival. This will see it continue to grow and develop into a lively, forward thinking, creative reflection and celebration of our community and environment while bringing with it, a wealth of benefits to our community.

The Real Festival Event Strategy and 10 Year Plan is attached to this report. The report recommends that the information is received and that the Real Festival Event Strategy and 10 Year Plan be endorsed by Council. The report also recommends that from the 2022-23 year that the Real Festival be held in the second week in September.

Background

For years, successive Councils have looked for an iconic event that the City could be renowned for, both nationally and internationally and since its inception in 2016 Real Festival has continued to build momentum to fulfil that aspiration.

Held annually on the banks of the Nepean River, Real Festival in its short history has already developed into a major arts and cultural event produced and funded by Penrith City Council. Real is an event that brings our community together, celebrates the diversity of our people and places and fosters pride in our City.

Real Festival’s objectives and values align with the outcomes of the Penrith Community Strategic Plan and delivers on a range of outcomes and recommendations from other important strategic planning documents which guide Council’s programs and services.

It also aligns with the findings and recommendations of the Penrith Events Strategy 2020-24 - ‘Think Penrith Think Events’ that states:

“Events are an integral thread in Penrith’s cultural fabric, contributing significant economic and social benefits. They bring communities together, celebrate diversity and foster pride in the city.”

 

The Real Festival Strategy and 10 Year Plan

The Strategy and 10 Year Plan provides a framework to develop Real over the next decade. Produced in consultation with key internal stakeholders and industry experts, it includes an overview of our objectives, core values and vision, and an action plan to bring the vision to life. 

Articulating the vision and the opportunities for growth, the 10-Year Plan will also support the festival in being able to secure grant and sponsorship opportunities. 

The Real Festival of the future includes several important elements:

•        Strengthening the river hub

•        Satellite events and activations

•        Creating our own content

•        Free entry to the “festival hub” at Tench Reserve with an extended festival program comprising of an offering of free and paid ticketed events including events hosted in partnership with local businesses and local cultural venues.

We will achieve this through:

•        Collaboration

•        Corporate Sponsorship and Grant Funding

•        Partnerships

Research has told us that visitors to Real want more participatory arts experiences and a new and engaging program every year. For this to be possible, we are developing a sustainable funding model, one that aligns Real with other major festivals, fosters partnerships and is successful in seeking grant funding. 

This includes an offering of free and ticketed arts and cultural experiences, with free entry to the “River Hub”, the heartbeat of the festival program. This is a model used by other festival producers and major arts festivals such as The Adelaide Fridge Festival and Sydney Festival, to support the ongoing sustainability and accessibility of a large multi venue festival program. 

Having a plan also provides funding bodies and potential partners to have certainty and understand that this is a long-term investment from Council’s perspective. 

One of the key actions in the strategy is to grow the festival through the delivery of satellite events and activations in our centres to take place throughout the festival program. This will support accessibility, create a city-wide buzz in the lead-up to the festival, spread the economic benefit and increase programming possibilities. It is envisaged that these satellite events will happen in our centres where we have opportunity to activate the local economic benefits in place.

The opportunity also exists to activate other sites around the River Precinct, this includes Regatta Park and Lewers Gallery that will lend themselves to music performances, smaller scale activations and exhibitions in the lead up to and throughout the Real Festival.

Resourcing Framework

The Real Festival Strategy and 10 Year Plan outlines a resourcing framework that matches the action plan and provides a phased investment approach. The resourcing framework is detailed in the Appendix of the attached 10 Year Plan and is indicative of the resourcing requirements to the growth of the Festival over the coming decade.

The resourcing framework acknowledges the option to increase the operations, infrastructure, and staffing budgets over the next 10 years so that Real can continue to realise its potential and remain sustainable in the long term. The option is also available to Council to not grow the Festival further and continue to deliver within the existing funds. 

The Plan is aspirational but measured and recognises that in a post COVID environment that the Festival will need to rebuild momentum with the community, and that the appetite for large events may grow slowly.

Real has been delivered to date with two dedicated staff, both part time. Through our own internal realignment these positions have been made full time in the past 18 months. In the weeks leading up to the Festival staff from other department support delivery as a part of their BAU. Contracted site crew have been engaged onsite for specialist roles including infrastructure building, lighting and security.

Growth in staff allocation and the required roles are benchmarked against other Festivals and are required to deliver satellite programs, grow the overall Festival and ensure the safety and risks associated with a multi week, multi-site program is managed.

The Plan would see the employment of 2 additional staff full time staff over the next decade, these include an Events Operations Assistant in Year 3, and a Festival Director in Year 5.

Other contracted positions for varying durations would also be engaged including Site Managers for the satellite events, dedicated Marketing and Engagement contractors and at Year 7 a Partnership and Investment Officer.

Other resourcing requirements include funds for the development of bespoke programming, infrastructure linked to additional satellite sites, refreshing marketing and website updates.

Real Festival Date

Historically the festival has been held on the first weekend of November. However, due to the extreme heat and storms which have factored into the safe delivery of the festival in the past, a new date moving forward was sought. The implementation of the 10-year plan and the festival’s hiatus due to Covid provides an opportunity to look for a more favourable date which is to become the proposed date moving forward.

Research has been conducted as to the best time of year to hold the festival taking into consideration competing Sydney events, the weather, visitation to the region, other major events hosted in Penrith and school/public holidays. Councillors have also given feedback that the date needs to be agreed and consistent.

Historical weather data shows September is the time of year that generally experiences milder temperatures, low rainfall and is outside of the Summer storm season. This is also the reason why the Sydney 2000 Olympics was chosen to be held it this time.

The annual St Marys Spring Festival is held in the first week of September and provides an ideal launch for satellite programming over the coming years and supports Council to promote Real to a broad section of the St Marys community.

These elements have led to a recommendation that the second week in September be selected as the preferred date moving forward.

The Programming

The four key programming pillars, River, Environment, Art & Lifestyle will continue to form the basis of the festival program, showcased through the development and delivery of arts and cultural experiences. These multidisciplinary arts experiences will be curated together to deliver an innovative festival program that has a deep meaning and connection to our local community, recognises the cultural significance of our First Nations people, and celebrates our River and belonging to place.

Council through our discussions has also told us that they feel that maintaining a focus on the environment is an important aspect of the Real Festival and this will continue to be addressed through the programming of accessible and innovative environment awareness activations.

The future of Real Festival programming sees the continued development and building of our own unique content allowing for creative collaborations between the border and local arts communities and Real Festival Producers in the creation of installations and theatrical works that are one-of-a-kind with potential touring opportunities beyond Real Festival.

The future extension of the festival program beyond the river “festival hub” will see collaborations with local cultural institutions such as The Joan as event venues and creative collaborators as well as local businesses, tourism and hospitality partners. Investment in our local business and cultural organisations allows Real Festival to become an even more accessible and inclusive festival, catering to multi target audiences with greater social and economic value propositions for our City.

Engagement and Benchmarking

Council’s key internal stakeholders were consulted as part of the development of the Real Festival Strategy and 10 Year Plan. The consultation with key departments revolved around three key questions that related to their description of Real Festival as they see it, the future vision for the festival and how they saw their future participation in the event. 

A peer review of the strategy was undertaken by an industry expert to ensure as we continue to grow and change, our community is at the core of our strategy and actions. If our own community love and feel ownership of Real Festival, growth and future success is guaranteed. This review found that the plan had the appropriate ingredients that you would typically see in a strategic piece around a festival or event, suggested changes have been incorporated as appropriate to strengthen the authentic depth and ambition of the Real Festival.

As part of the strategy development, benchmarking was also undertaken by StollzNow Research & Analysis Advisory which provided an overview of Real Festival and opportunities for development and growth. This information supported an evidence base for the anticipated future growth and development of the festival in key areas of programming, infrastructure, and staffing. StollzNow provide market research and advice to festivals such as Darwin Festival, Parkes Elvis Festival and Vivid.

Objectives & Action Plan

Real Festival Objectives

1.   Community – People

1.1 Building community pride, ownership and identity

1.2 Creating a Culture of Inclusion

1.3 Liveable Cities, Liveable Towns. Strengthening and building resilient communities.

 

2.   Positioning – Quality

2.1 Produce an iconic and internationally recognised arts and cultural festival that

positions Penrith as a leader in major events and a tourist destination.

2.2 Establish an authentic, bold and fun brand.

2.3 Diversity of Cultural Ecology.

3.   Art & Culture – Opportunities

3.1 Deliver a bold and contemporary festival program where audiences become

immersed in experiences, not just a spectator.

3.2 Providing accessible art opportunities

3.3 Fostering local, emerging and ongoing opportunities in the arts and cultural sector, creating pathways for personal and social development.

4.   Connection – Place

4.1 Connection to place and providing a sense of belonging.

4.2 Celebration and conservation of our natural environment.

The action plan outlines the strategies and their associated actions which are to be realised over the next ten years. The action plan sets the foundations for achieving the vision and objectives for Real Festival and is supported by a detailed implementation plan and resourcing plan.

The action plan is underpinned by 5 key strategic priorities:

1.   Collective Investment Opportunities

2.   Cultural Social and Economic Engagement

3.   Consumer Marketing and Communications

4.   Advocacy and Futureproofing

5.   Who we are

Measurement

It is important to track the cultural, social, and economic impacts throughout the implementation of the 10 Year Strategy and Plan. We will continue to research and analyse current situations and use these insights to inform and shape the delivery of Real over the next decade.

It is proposed to evaluate the effectiveness of the actions, with the aim to continually check in with our community as we go. The principles of measurement and evaluation of this plan include:

Practical  

Data is readily available or can be easily developed in a short time with low cost. This includes post event surveys and marketing analytics.  

Consistent  

Measures will be developed in a consistent way so that they can be integrated with or compared to existing data and benchmarks.  This includes the net promoter score which tells us the overall satisfaction.

 

Trends and changes  

Measures will be based on data that can be updated at regular intervals or that is directly comparable to previous years. This will include measuring the support of Council delivering the festival.  

Adaptable  

Supporting existing and new data as it becomes available and adapting to any external. This will include new data from satellite program delivery. 

Accountable 

Clear outcomes will be set to track the progress of implementation. This forms part of the implementation plan that will be finalised following the confirmation of the resourcing attached to the 10-Year plan.

It is proposed that measurement will be consistent with these principles and linked to objectives with key measures including:

Survey results

·    net promotor scores

·    satisfaction surveys and

·    attendance

Sponsorship and grant funding

·    corporate financial and in-kind investment opportunities and

·    government funding or grants 

Data and analytics

·    reach and exposure of marketing campaign and

·    engagement with Festival website

Community impact and consultation

·    level of engagement with Council departments,

·    alignment of other Council Strategies,

·    council departments feedback and

·    impact on the City’s cultural economy.

Economic impact

·    feedback from businesses close to satellite programs

·    number of day visitors to attending from outside of the area and

·    number of overnight visitors as a direct result of Real Festival

Reporting

An annual report and presentation will continue to be provided to Council on the outcomes of the Real Festival with a focus on measurement against benchmarks including budget.

In addition to this, it is planned to provide a comprehensive report to Council every 3 years to track delivery against the endorsed action plan and resourcing framework. This will enable opportunities for review of the 10 Year Plan and adjust the action plan and/ or resourcing framework according to changing circumstances.

 

Financial Implications

The Real Festival 10 Year Strategy and Plan forecasts a phased increase to the operational infrastructure and staffing budgets over the next 10 years so that Real can continue to realise its potential.

One-off funding totalling a maximum of $119,000 is requested over the first three years to enable additional infrastructure and staff to support a COVID safe event. The $44,000 required this year may not be fully expended due to the likely cancellation of the full program but alternative programming will still incur additional costs due to COVID safe requirements. In 2022-23, $44,000 may still be required as an estimate of meeting additional infrastructure and COVID marshals as a requirement of NSW Health. An additional $31,000 is requested in 2023-24 to fund the purchase of event management software.

From 2023-24 to 2028-29 a phased-in approach of recurrent funding which is to be indexed by 2% annually is proposed. The present value of the recurrent increase requested is $717,000 after 8 years. Of this amount $500,000 will be an increase to Council’s employee costs which may negatively impacting Councils Operating Performance Ratio and $217,000 will be an increase to the annual event costs. By 2030-31 with indexation the value of the requested increase is estimated to be $836,728.  

Council currently provides City Activation Community and Place recurrent funding of $452,785 for the Real Festival Event and Resourcing budgets of which the resourcing component is indexed annually by the award increase, though it should be noted that this amount does not include funding of additional staff time and contributions to programming from other departments within Council which in 2019 totalled $123,689.

The combined total present value of the Real Festival recurrent costs should the proposed resourcing strategy be endorsed would be $1,169,785. By 2030-31 with indexation the value of the requested increase and current funding is estimated to total $1.3M, though it is recommended that the budgets should be indexed in line with Council policy.

No funding source has been identified and the requested increase is yet to be included in Council’s Long Term Financial Plan. Funding from Grants, Sponsorship, ticketing of some events and possible parking fees have been identified in the development of the strategy as options to offset some of these costs reducing the burden on Council funds, though no Grant funding or Sponsorships are expected to be received this financial year for the Real Festival with food truck and market stall income budgeted to be $16,645 for 2021-22. Delivery of the Festival program will each year be required to deliver in line with the available funding, whether that be from sponsorship, grants, paid event or other funding.

 

Risk Implications

The success and organic audience growth of Real Festival over the first years of its delivery is unable to be supported with the current resource allocation into the future. In consideration of the current health crisis and the availability of sponsorship opportunities, it is anticipated that it will take some time for future sponsorship partnerships to become available and the festival will be seeking assistance from government grants to fill this gap.

A sustainable financial and human resourcing strategy is required to maintain and grow the festival. Should the requested resourcing requirements not be met, we will need to reassess the festival’s strategic vision and action plan, including reducing the projected program offering and the availability to develop our own program content.

There is no question that Real Festival has rapidly evolved into a highly successful event on Western Sydney’s event calendar. We are now at the point where we can continue to grow and develop the Festival to build on the success to date through planning and extending the program across more sites to increase the social and economic return over the coming decade.

Conclusion

Like the City of Penrith itself that is uniquely positioned to take advantage of the once in a generation transformation that is currently taking place, our own homegrown success story, Real Festival has emerged to become a major event for Western Sydney. Four years on, it continues to grow and gets better every year, and with nothing like it in Western Sydney, the sky is the limit.

The development of the Real Festival Strategy and 10 Year Plan provides the framework to invest in the festival’s future and seize the opportunity to create a world class event that positions Penrith as a leader in the festival events space while at the same time producing opportunities for the creative arts sector and generating significant economic outcomes for our City.

The Real Festival program has already been enthusiastically embraced by festival audiences and with the right funding model and strategic development outlined in this 10 Year Strategy and Plan Real Festival will have a remarkable future.

 

RECOMMENDATION

That:

1.     The information contained in the report on Real Festival Event Strategy and 10 Year Plan 2021-2031 be received.

2.     Council endorse the Real Festival Event Strategy and 10 Year Plan 2021-2031.

3.     From the 2022-23 year the Real Festival be held in the second week in September.

 

 

ATTACHMENTS/APPENDICES

1.

Real Festival Event Strategy and 10 Year Plan 2021-2031

36 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    26 July 2021

 

 

 

13

Naming of PP&VA Atrium Foyer in Recognition of The Hon. Peter Anderson AM    

 

Compiled by:               Tiffany LeeShoy, Senior Cultural Strategy Officer

Authorised by:            Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are healthy and share strong community spirit

Strategy

Enhance the cultural vitality of the City

Service Activity

Support and implement initiatives which contribute to culture and creativity across our City

      

 

Executive Summary

The Penrith Performing and Visual Arts Board (PP&VA) has proposed naming the atrium foyer of the Joan Sutherland Arts Centre, the “Anderson Atrium” in recognition of The Honourable Peter Anderson AM who retired as the Chairman of the company in November 2020. Mr Anderson has a long and significant history of contributing to public life and the arts in Penrith stretching back to 1977.

The report recommends that the information be received and that Council endorse the request to name the atrium foyer of the Joan Sutherland Arts Centre, the “Anderson Atrium”.

Background

The Honourable Peter Anderson AM retired as the Chairman of Penrith Performing and Visual Arts (PP&VA) in November 2020. The PP&VA Board has recommended naming the atrium foyer of the Joan Sutherland Performing Arts Centre in recognition of Mr Anderson’s significant and long-term contribution to the company, and for his broader contribution to the Penrith community, including his commitment to cultural access and equity in Western Sydney, and his vital role in the 1979 campaign that resulted in Council accepting The Lewers’ Bequest and establishing the Penrith Regional Gallery.

 

Context for the Request

Contribution to Public Life in Penrith

Peter Anderson began his career as a public servant in 1964 and worked as a member of the NSW Police Force from 1967-1977. He became an Alderman of Penrith City Council in 1977 and served for six years, including two years as Deputy Mayor and the last two years while a member of the NSW Cabinet as Minister for Police and Minister for Services. He continued to serve as a senior Minister in various portfolios for over six years until 1988.

Mr Anderson’s dedication to serving the region continued, as Councillor on Prospect County Council for three years including a term as Chairman. For almost sixteen years, Mr Anderson was a member of the Legislative Assembly of NSW representing Penrith, Blue Mountains, Camden, Wollondilly, Liverpool and Fairfield local government areas.

Mr Anderson has been an Adjunct Professor at Western Sydney University, School of Social Sciences and Psychology since 2014. In 2008, he was awarded the NSW Police Diligent and Ethical Service Medal.

Contribution to the Arts in Penrith

Alderman Peter Anderson then State Member for Nepean, was instrumental in the fight at local, municipal and state government levels to accept The Lewers’ Bequest and establish the Penrith Regional Gallery. Debating in the Council Chambers in June 1979, he is acknowledged for making the clinching argument, claiming the ‘future citizens of Penrith would claim Penrith aldermen of today lacked vision if the gallery offer was not accepted’, with the Penrith Press declaring that it was ‘his motion that won the day’.

Shortly after, as the Member for Penrith (1981-1988), Mr Anderson contributed to the grant that delivered improvements to the Q Theatre in 1983; and the original Bicentennial grant proposal to establish the Joan Sutherland Performing Arts Centre. Mr Anderson joined the Board of the Penrith Bicentennial Performing Arts Centre Ltd in 1995 and became Chairman in 2004. At the same time, he was appointed to the Board of Penrith Regional Gallery and The Lewers Bequest Ltd in 1997. Mr Anderson was appointed the inaugural Chairman of Penrith Performing and Visual Arts Ltd when it was established in 2006, following the merger of The Joan Sutherland Performing Arts Centre, Penrith Conservatorium of Music, Q Theatre and the Penrith Regional Gallery and The Lewers Bequest.

Under his Chairmanship, “the Joan” was redeveloped and Stage 2 completed with the construction of two purpose-built floors for the Conservatorium, and the inclusion of the Q Theatre (Q3). Mr Anderson was particularly proud of the Centre’s ability to host major musical acts, such as the Sydney Symphony Orchestra or Dame Kiri Te Kanawa, and the Six and Eight Grands concerts which showcased the organisation’s fabulous musical assets. A 2017-18 NSW Creative Capital grant enabled the vital work on the Collection Storage furthering the original vision. Mr Anderson retired as Chairman of PP&VA in November 2020.

Arguably, Penrith’s major cultural institutions would not exist if not for the visionary efforts of Mr Anderson, working with and advocating for, communities in Penrith such as the Friends of The Lewers Bequest and other passionate arts and cultural groups.

In 2007, Penrith City Council bestowed Mr Anderson with the title of “Honoured Citizen of Penrith City”.

The naming of a feature within the Joan Sutherland Performing Arts Centre does not require approval from the Geographic Names Board of NSW, although it does recommend following the accepted practice for naming as outlined in its Place Naming Policy (July 2019). The foyer atrium is currently unnamed and the proposed “Anderson Atrium” complies with the Place Naming Policy.

Financial Implications

Costs associated with this proposal are expected to be minimal and are to be funded from existing operational budgets.

Risk Implications

The risk associated with naming the atrium foyer is low, because it is consistent with existing protocols at the Joan Sutherland Performing Arts Centre, itself named in honour of Australia’s operatic great diva:

·    Malcolm Borland Foyer (in recognition of the organisation’s first Chairman, Dr Malcolm Borland)

·    Allan Mullins Studio (in honour of local music patron Dr Allan Mullins)

·    Doreen Warburton Foyer (on level 1 adjacent to the Q Theatre, in honour of the late founder of that theatre company, Doreen Warburton)

·    Richard Bonynge Concert Hall (named after Joan Sutherland’s husband, the conductor Maestro Richard Bonynge AC CBE)

Conclusion

The naming of “Anderson Atrium” at the Joan Sutherland Performing Arts Centre recognises the significant contribution over 53 years that The Honourable Peter Anderson AM has made to the cultural landscape of Penrith and Western Sydney.

 

RECOMMENDATION

That:

1.     The information contained in the report on Naming of PP&VA Atrium Foyer in Recognition of The Hon. Peter Anderson AM  be received

2.     Council endorse naming the atrium foyer at Joan Sutherland Performing Arts Centre, the Anderson Atrium.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    26 July 2021

 

 

 

14

Greater Cities Sports Facility Fund - Successful Grants   

 

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

Tim Whiticker, Recreation and Community Facilitites Planner

Matthew Hill, Recreation and Community Facilities Planner

Stephanie Gray, Community Facilities and Recreation Planning and Projects Officer

Authorised by:            Andrew Robinson, Community Facilities and Recreation Manager

Brian Steffen, Director - City Services  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Plan for the provision of and facilitate the delivery of community, sport and recreation facilities

      

 

Executive Summary

Council Officers have recently received notice from the NSW Government that $1,850,000 of grant funding, across three projects, has been awarded through the Greater Cities Sports Facility Fund (GCSFF).

The funding will provide improved facilities at venues that attract an estimated 450,000 visitations annually, from 26 clubs, user groups, and schools. Six sports including Rugby League, Grid Iron, Oztag, Touch Football, Cricket and Softball will benefit from the upgrades.

The projects and grant amounts awarded are;

-        Doug Rennie Field (Chapman Gardens Precinct), Kingswood - $750,000 contributing to the construction of a new amenity building and landscaping.

-        The Kingsway North (Oztag, Touch Football, Cricket), Werrington – $300,000 contributing to irrigation and field surface improvements.

-        Surveyors Creek Softball Facility, Glenmore Park– $800,000 for floodlight installation and access path, seating with landscaping.

Each project is included in the Sport and Recreation Strategy delivery program with contributing funding allocated from existing Council budgets and Federal Government grants.

Once the projects are completed the investment in sports infrastructure will be $3.6m, with Council contributing $850,000, Federal Government contributing $900,000, and the Greater Cities Sport Facilities Fund $1.85m.

Council has previously received successful funding totalling $6.16M for 4 projects under previous rounds of the former Greater Sydney Sports Facility Fund including Jamison Park, South Penrith - synthetic fields; Mulgoa Rise, Glenmore Park - sportsground amenity extension; Mark Leece Oval, St Clair - new amenity building and, Ched Towns Reserve, Glenmore Park - amenity upgrade.

The report recommends that Council endorse acceptance of the grant amounts awarded, that grant funding agreements are signed, and that letters of thank you are prepared to The Minister for Sport The Hon. Natalie Ward MLC and relevant State Members.

Background

Council was previously successful in receiving $6.16m from Round 1 and 2 of the Greater Sydney Sports Facility Fund for:

-        Mulgoa Rise sportsground amenity extension ($649,600) – construction of the amenity building has been completed within budget, a request for further expenditure of the surplus funds on landscaping and site enhancement is being considered by NSW Office of Sport.

-        Mark Leece Oval amenity building ($1.285m) – has recently reached practical completion, with handover and community activation expected in due course.

-        Jamison Park synthetic field ($2.565m) – construction has progressed and is 90% complete; completion is scheduled in mid-August 2021.

-        Ched Towns amenity building ($1.660m) – detailed design and stakeholder consultation in progress, with construction completion scheduled by September 2022

In December 2020, the NSW Government launched the Greater Cities Sport Facility Fund with $50m committed to the program over two years. The Fund focuses on assisting organisations to develop quality sport infrastructure that will meet the current and future needs of the community. The minimum grant available is $100,000 and the maximum grant is $1 million. Applicants could submit up to three applications.

At Council’s Ordinary Meeting on 22 February 2021, it was adopted that Council Officers prepare three projects for submission including:

-        Doug Rennie Field (Chapman Gardens Precinct), Kingswood - construction of a new     amenity building and landscaping.

-        The Kingsway North (Oztag, Touch Football, Cricket), Werrington - irrigation and field    surface improvements.

-        Surveyors Creek Softball Facility, Glenmore Park– floodlight installation and access       path, seating with landscaping.

These projects best aligned with the grant fund criteria, aims, objectives and focus areas whilst meeting Council’s established Sport and Recreation Strategy 5-year delivery program, Building and Park Asset Renewal programs, and were at a suitable state of project readiness to meet the recommended delivery timelines.

Current Situation

Council Officers have recently received notice from the NSW Government that all of Council’s applications to Round 1 of the GCSFF program have been successful with requested grant amounts being allocated in full.

Council’s projects will provide improved facilities at the venues that attract an estimated 450,000 visitations annually, across 26 clubs, user groups, schools across 6 sports including Rugby League, Grid Iron, Oztag, Touch Football, Cricket and Softball.

Doug Rennie Fields (Chapman Gardens Precinct), Kingswood – New Amenities and landscaping.

The project will contribute to an investment of over $4m in the regeneration of the Chapman Gardens precinct and will realise the removal of the existing amenity building and the construction of a new building.

The estimated project cost is $2m and will be funded by GCSFF ($750,000), Council ($750,000), and a Federal Government Community Development Grant ($500,000).

The Doug Rennie Field amenities building is used by the Penrith Waratah Rugby League Club for both senior and junior training and competition. In 2019 and 2020 the club fielded 33 teams, including 2 women’s and mixed teams. The ground is further utilised by Nepean Ducks Gridiron, local schools and a Rugby League Academy program. The existing amenities building is not fit for purpose, has reached the end of its useful life, and does not meet contemporary sport participation needs, particularly for females.

In addition to the Doug Rennie Fields amenity building project, over $2m in additional funding has been committed to projects that have either been recently completed, commenced, or are programmed in the Chapman Gardens Precinct. The projects include: a new baseball amenity building, baseball field fencing, irrigation to the sportsground (rugby league/cricket), installation of an outdoor fitness gym, restoration of a memorial, and a footpath lighting upgrade. These projects are being realised through Council, NSW Government and Federal Government funding contributions.

The Kingsway North, Werrington – Irrigation and Field Surface Improvements

The project will contribute to an investment of over $4.6m in the provision of new, renewed and upgraded facilities in the Kingsway sports precinct. It will realise the installation of a new irrigation system and field surface improvements.

The new irrigation system will improve water effectiveness and efficiency using innovative smart technology including back to base and moisture monitor systems. Allied to field surface improvements the sportsgrounds will have greater capacity to sustain the high levels of use that occur.

The estimated project cost is $800,000. This funding is available as a result of the successful GCSFF grant application ($300,000), a Council contribution ($100,000) and the Federal Government’s Local Roads and Community Infrastructure grant program ($400,000).

The Kingsway North is a key multi-use sport and recreation precinct that services an estimated 7,500 participants on weekly basis and has an annual visitation of over 350,000 community members across local, state and school sport competitions, events and programs. The Kingsway North is among one of the largest Touch Football, Oz Tag and Cricket facilities in NSW.

In addition to the Kingsway North irrigation and field surface improvements, over $3.8m has been committed to projects in the Kingsway sports precinct that have been recently completed, including the construction of new fields, floodlighting, amenities and car parking, upgraded floodlights to existing fields (oztag, touch football and rugby league fields), and improvements to existing field surfaces. These projects have been realised through Council and Federal Government financial contributions.

Surveyors Creek Softball Facility, Glenmore Park - floodlight installation, access path, seating with landscaping.

The project will contribute to an investment of $980,000 in the provision of new, renewed and upgraded facilities at the Surveyors Creek Softball facility. It will realise an upgrade to the current electrical supply, floodlighting a further 2 diamonds with energy efficient, smart technology-controlled LED and, the construction of an accessible pathway circulating the venue with additional landscaping improvements, which will improve player and spectator access and inclusion for the facility.

The estimated project cost is $800,000 which will be fully funded by the GCSFF grant.

Surveyors Creek is the central Softball facility in the Penrith LGA, is one of the largest in the Western City District and is home to 600 players part of Penrith Softball Association. Surveyors Creek is a regional facility that consists of 8 softball diamonds with two batting cages. The projects will enable Penrith Softball Association to increase its scope of programs, competitions and activities for the community, and attract events to the City.

The project will ensure there are four floodlight diamonds at the facility with the two main competition diamonds recently receiving $180,000 upgrades as a result of Federal Government grants through both the Move It Aus. Sports and, Local Roads and Community Infrastructure grant programs.

 

Financial Implications

This report outlines the successful grant notification from NSW Government through the Greater Cities Sport Facility Fund (GCSFF) grant program. The total grant amount of $1,850,000 is for 3 projects. The grant will provide Council with the opportunity to leverage existing funding to upgrade the facilities, improve standards, storage, security and safety capability and promote environmental and operational sustainability, in line with Council’s plans, programs and strategies.

Where co-contribution of funding has been identified as a part of the project budget, these will be accommodated through Council’s existing programs and reserves; Building Asset Renewal Program, Parks Asset Renewal Program and Sport and Recreation Plan.

Once completed, the new and upgraded facilities will be incorporated into Council’s future asset renewal programs and a provision for ongoing asset maintenance will be made as per Council’s budget guidelines.

Risk Implications

There are no significant risks for Council associated with this report. All project risks will be managed by Council staff through risk management procedures.

Conclusion

In total, 44 successful projects were listed by the NSW Office of Sport in this round of the GCSFF program, amounting to the allocation of over $29 million. Council secured $1.85m for three projects.

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

Once the projects are completed the investment in sports infrastructure will be $3.6m, with Council contributing $850,000 and existing grants from the Federal Government providing funding of $900,000, in addition to the $1.85m from the Greater Cities Sport Facilities Fund.

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Greater Cities Sports Facility Fund - Successful Grants be received

2.     Grant funding agreements be signed with the NSW Office of Sport for the following projects and grant awards:

·    Doug Rennie Field (Chapman Gardens Precinct), Kingswood - $750,000 contributing to the construction of a new amenity building.

 

·    The Kingsway North (Oztag, Touch Football, Cricket), Werrington – $300,000 contributing to irrigation and field surface improvements.

 

·    Surveyors Creek Softball Facility, Glenmore Park– $800,000 for floodlight installation and access path, seating with landscaping.

 

3.     Thank you letters be provided to the Minister for Sport and local State Members.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

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Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                       Page

 

15      Audit, Risk and Improvement Committee                                                                      123

 

16      Compulsory Acquisition by Sydney Metro - 11-13 Chesham Street St Marys              133

 

17      Penrith Valley Regional Sports Centre (PVRSC) Loan Repayment Deferment Request 136

 

18      Summary of Investment & Banking for the Period 1 June 2021 to 30 June 2021        138

 

 

 

 

 

 



Ordinary Meeting                                                                                                    26 July 2021

 

 

 

15

Audit, Risk and Improvement Committee    

 

Compiled by:               Stuart Benzie, Risk, Compliance and Policy Officer

Authorised by:            Matthew Bullivant, Legal Services 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 report provides information on the meeting of Council’s Audit, Risk and Improvement Committee held on 9 June 2021. The draft Minutes of the Audit, Risk and Improvement Committee meeting 9 June 2021 are attached to the report.

Background

The Local Government Act 1993 was amended in 2016 to require each Council to appoint an Audit, Risk and Improvement Committee (the ARIC). Although the amendments to the Act are yet to take effect (they are set to take effect from March 2022), Council resolved to appoint an ARIC in advance.

The ARIC operates under a Charter, last adopted by Council resolution on 22 May 2017.

In accordance with the amendments to the Local Government Act 1993 and the ARIC Charter, the ARIC must keep under review the following aspects of the Councils operations:

 

a)   compliance

b)   risk management

c)   fraud control

d)   financial management

e)   governance

f)    implementation of the strategic plan, delivery program and strategies

g)   service reviews

h)   collection of performance measurement data by the Council, and

i)    any other matters prescribed by the regulations.

 

The ARIC must also provide information to the Council for the purpose of improving the Council’s performance of its functions.

Current Situation

The ARIC met on 9 June 2021. This was the second meeting of the ARIC for the calendar year.

The draft Minutes of the prior meeting, as provided to Council on 26 April 2021, were adopted with a minor alteration. It was noted the 24 March 2021 Business Paper report on “Update on the Preparation of the Annual Financial Statements for year ended June 2020” and the associated recommendation incorrectly referenced the year ended as 2020. The report and recommendation should have stated “Update on the Preparation of the Annual Financial Statement for the year ended 2021”.

A copy of the draft Minutes for the meeting of 9 June 2021 are attached to the report.

In keeping with the ARIC’s practice, the ARIC identified the following five key take-outs from the meeting:

 

1.   Considered and supported progress in implementing the enhanced legislative compliance framework and noted the successful implementation of the electronic compliance management system to underpin enhanced compliance management and oversight.

2.   Received the mid-year risk management update and noted that two strategic risks (same as prior review) and nine operational risks (down from thirteen at the prior review) are outside the risk appetite and tolerance and all have risk treatment plans in place.

3.   Considered the outcome of an internal audit of customer experience where a range of good practices were evident, including a customer strategy, customer charter (customer promise), front foyer upgrade with human-centred design, well-documented procedures for customer call and front counter services, and a business transformation project underway. The audit raised improvements agreed with management for measuring performance (key performance indicators), customer feedback channels, a holistic complaints management framework, and security over customer information such as credit cards. The ARIC will monitor progress.

4.   Considered the annual review of Council’s investment policy, noting that proposed enhancements are cosmetic in nature or contain moderate updates to values and do not constitute a change in policy or strategy.

5.    Received updates on Jordon Springs East, fair value financial standards, activities of the business improvement streams, compliance with procurement standards, and strengthening of controls over project management. Sought and received assurance that the awarding of tenders to construction companies considers the capacity of the companies to complete the work to the required standard where several multi-million-dollar tenders are awarded to them at a similar time.

 

Financial Implications

 

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

Risk Implications

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

Conclusion

The draft Minutes of the Audit, Risk and Improvement Committee meeting 9 June 2021 are attached to the report.

 

RECOMMENDATION

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

 

ATTACHMENTS/APPENDICES

1.

Draft ARIC Minutes - 9 June 2021

7 Pages

Appendix

  


Ordinary Meeting                                                                                                                  26 July 2021

Appendix 1 - Draft ARIC Minutes - 9 June 2021

 

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Ordinary Meeting                                                                                                    26 July 2021

 

 

 

16

Compulsory Acquisition by Sydney Metro - 11-13 Chesham Street St Marys   

 

Compiled by:               Laura Gray, Property Project Officer

Authorised by:            Nathan Ritchie, Property Development Manager

Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

 

Previous Items:           Compulsory Acquisition by Sydney Metro - 36-38 Harris Street North St Marys - Ordinary Meeting - 22 Mar 2021

                                      Sydney Metro - Construction Licences - Ordinary Meeting- 28 Jun 2021    

 

Executive Summary

Council has been a leading advocate for the North South Rail Link since 2015. As part of the Western Sydney City Deal, the Australian and NSW Governments committed to deliver the Sydney Metro – Western Sydney Airport project (Stage 1 of the North South Rail Link) from St Marys to the Western Sydney Aerotropolis via Western Sydney International (Nancy-Bird Walton) Airport.

To facilitate the proposed construction and operation of the new St Marys Metro Station, compulsory acquisition of Council land known as 11-13 Chesham Street, St Marys, being Lot 1 DP 1267484, is required by Sydney Metro. The Chesham Street site is currently vacant land, zoned R4 High Density Residential. This report seeks Council’s concurrence for the compulsory acquisition by agreement by Sydney Metro of the Chesham St site, and recommends its divestment to Sydney Metro on the terms and compensation as outlined in this report. 

Background

The Sydney Metro – Western Sydney Airport project will deliver approximately 23 kilometres of rail between St Marys Station and the Western Sydney Aerotropolis in Bringelly. The St Marys Metro Station is proposed to be an underground station located south of and parallel to the existing T1 Western Line.

To facilitate the proposed construction and operation of the new St Marys Metro Station, compulsory acquisition of three (3) Council sites in the vicinity is required:

·    36-38 Harris S

·    11-13 Chesham St, and

·    45 Station St.

At the March 2021 Ordinary meeting, Council resolved to divest part 36-38 Harris Street, North St Marys which subsequently settled on the 30 June 2021. Negotiations have continued between Council and Sydney Metro in relation to the other two (2) sites, with agreement on terms reached for Chesham St, the subject of this report.  Negotiations are continuing for the Station St site.

Subsequently, at the June 2021 Ordinary Meeting, Council resolved to enter into construction license agreements with Sydney Metro, to enable occupation of the Chesham and Station Street sites, pending resolution of the compulsory acquisition negotiations.  This action provides surety of access to the sites for Sydney Metro to allow them to meet project construction timeframes.  From 1 July 2021, Council will receive monthly income for these two sites until settlement occurs and ownership is transferred to Sydney Metro.

Current Situation

In accordance with the proposed project footprint, Council’s land at 11-13 Chesham Street, St Marys is impacted by the Sydney Metro North South Rail project (Aerial map in attachment 1). Specifically, the site is required as part of the main Site Compound hub during construction, with the area being remediated at completion.

Accordingly, Sydney Metro advised Council on 15 September 2020 that they intended to compulsory acquire the site and commenced the mandatory six (6) month negotiation period in accordance with Land Acquisition (Just Terms) Compensation Act 1991 “Just Terms Act”, proposing to Compulsory Acquire by agreement.

A Proposed Acquisition Notice (PAN) was issued to Council on the 10 June 2021. The PAN period is 90 days and expires on the 8 September 2021. If agreement on acquisition terms has not been reached at expiry of the PAN term, the compensation payable will be determined by the Valuer General. 

Valuation & Compensation

To determine compensation for the site, Sydney Metro appointed local property valuer’s - Lunney Watt & Associates Pty Ltd whom have both local knowledge and experience in respect of valuations in accordance with the Just Terms Act.

 

Sydney Metro provided Council with a copy of the valuation report dated 16 February 2021 and a formal offer to acquire the site for $3,995,500.00, excluding GST (Valuation Annexure 2). This offer was accompanied by a town planning advice from ARPL Planning.

 

Council appointed SJB Planning to assist with providing independent planning advice to assist negotiations. Sydney Metro was provided with the SJB Planning advice, however, was still at odds with the conclusions that supported a higher yield and subsequently higher value for the site.

 

Council then commissioned an independent valuation for the site from ‘Curtis Valuations’ which determined a market value of $5,530,000 excluding GST, based on the SJB Planning advice (Valuation annexure 3). Negotiations continued, between both valuers appointed by Sydney Metro and Council, ultimately reaching mutual agreement at a value of $5,000,000 excluding GST for the site. Given the agreeance of both valuers, Sydney Metro has presented a counter-offer to Council for $5,000,000 excluding GST.

As the Chesham St site is classified as Operational Land, Council can transact on the property in accordance with the Local Government Act 1993. Therefore, it is proposed that Council directly transact on the property with Sydney Metro, negating the need to evoke the compulsory acquisition process. Sydney Metro have indicated this as their preferred approach to settle on the property.

If the property is not settled at the agreed sale price of $5,000,000 (ex GST), Sydney Metro are able to take possession of the property after the 90 day PAN and following gazettal of the acquisition notice, with the compensation payable then determined by the Valuer General. The Valuer General being an independent Government body, will determine the valuation figure which could possibly be less than originally offered by Metro.

 

Financial Implications

The income budget within Property Development will be adjusted to reflect the income of $5,000,000 to be received from Sydney Metro as a result of the compulsory acquisition of Council land at 11-13 Chesham Street, St Marys (Lot 1 DP1267484) for the proposed construction and operation of the new St Marys Metro Station. These funds will then be available to invest in future Property Development projects.

Risk Implications

The proposed disposal of the site to Sydney Metro on the terms listed is considered low risk and is supported by two expert independent market valuations. The valuers have also come to a mutual agreement of the $5,000,000 offer based on recent market activity, three valuation reports and site-specific development potential.

If the property is not settled at the agreed sale price of $5,000,000 (ex GST), Sydney Metro are able to take possession of the property after the 90 day PAN and following gazettal of the acquisition notice, with the compensation payable then determined by the Valuer General. The Valuer General being an independent Government body, will determine the valuation figure which could possibly be less than originally offered by Metro.

Conclusion

Having regard to the acceptable compensation; it is considered in Council’s best interests to accept Sydney Metro’s current offer of $5,000,000 excluding GST and divest the site on the terms listed. The sale proceeds be returned to the Property Development Reserve to fund future investment in revenue generating acquisitions or development opportunities.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Compulsory Acquisition by Sydney Metro - 11-13 Chesham Street St Marys be received.

2.     Council divest Lot 1 DP1267484 known as 11-13 Chesham Street St Marys  in accordance with the terms and conditions listed within the report.

3.     The common seal of the Council of the City of Penrith be placed on any necessary documentation.

 

 

 

ATTACHMENTS/APPENDICES

1.

Aerial Map of 11-13 Chesham Street

1 Page

Attachments Included

2.

Lunney Watt Valuation Report

44 Pages

Attachments Included

3.

Curtis Valuation Report

26 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    26 July 2021

 

 

 

17

Penrith Valley Regional Sports Centre (PVRSC) Loan Repayment Deferment Request   

 

Compiled by:               Neil Farquharson, Financial Services 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

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

      

 

Executive Summary

Council, at its Ordinary Meeting of 28 September 2020, resolved to provide a $1,091,686 (plus GST) loan to the Penrith Valley Regional Sports Centre (PVRSC) to enable compliance works to bring their site up to contemporary fire safety compliance standards.

This report is to advise Council of a request from the PVRSC on 15 July 2021 for the Council to approve a pause in loan repayments following their August 2021 repayment.  The request is for a period that extends for three months past the date of the lifting of the current NSW Greater Sydney COVID-19 Public Health Order (PHO) that has resulted in the closure of the Centre.

Background

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

In 2020 a request was received from the PVRSC for Council to provide a letter of guarantee for a loan with Westpac Banking Corporation to enable the completion of building works.

At the ordinary meeting of 27 July 2020, the Council approved this request and provided a letter of guarantee for a new loan to a maximum amount of $500,000 over a maximum term of 10 years.  The Deed of Guarantee was executed for $542,000 in October 2020 on advice from Westpac Banking Corporation and PVRSC that the guarantee needed to consolidate the existing PVRSC loan facility (2014).

At the ordinary meeting of Council, held 28 September 2020 Council resolved to provide the PVRSC with a loan in the amount of $1,091,686 plus GST to repair the fire management systems to meet standards.  Council have executed the loan agreement and the funding has been provided to the PVRSC. A Project Control Group (PCG) was established to oversee the works, with Council being represented, and the works have now been completed, with an Occupation Certificate being issued in December 2020 and the Centre reopening in January 2021.

Current Situation

The Chairperson of the PVRSC, Kim Murphy has corresponded with the General Manager on 15 July 2021 to outline the current financial situation of the PVRSC.

The PVRSC has been closed since 25 June 2021 due to the current COVID-19 restrictions and have consequently received no income since this date.

The PVRSC have paid their first instalment of the loan at the beginning of July and have arranged for the August 2021 instalment to be paid.

At the timing of writing this report the COVID-19 restrictions have been extended to 30 July 2021, at this stage. The PVRSC are requesting the approval of a pause in loan repayments from after the August 2021 repayment for a period that extends for three months past the date of the lifting of the current COVID-19 restrictions. PVRSC are also seeking financial relief from Westpac Banking Corporation.

The PVRSC have further advised that once they return to operations, they will endeavour to catch up on repayments as soon as possible.

Financial Implications

 

If the Council were to approve the PVRSC request for loan repayment deferment, then the financial impact for Council relates to the $3,000 monthly repayment being deferred (not waived) for 3 months until it is practicable for the PVRSC to catch up on the deferred loan repayments and keep up with the current loan repayments.

Risk Implications

PVRSC maintains the risk implications associated the terms and conditions of the Westpac loan.  Council has taken on the risks associated with being a Guarantor of the PVRSC loan.

Conclusion

Council has received a request from the PVRSC for a pause in loan repayments from after the August 2021 repayment for a period that extends for three months past the date of the lifting of the current COVID-19 restrictions due to the current closure of the centre.

 

RECOMMENDATION

That:

1.     The information contained in the report on Penrith Valley Regional Sports Centre (PVRSC) Loan Repayment Deferment Request be received.

2.     Council approve the PVRSC request for a pause in their loan repayment from after the August 2021 repayment for a period that extends for three months past the date of the lifting of the current COVID-19 restrictions that have required the PVRSC to close.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    26 July 2021

 

 

 

18

Summary of Investment & Banking for the Period 1 June 2021 to 30 June 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 June 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 June 2021 to 30 June 2021 and a reconciliation of invested funds as at 30 June 2021.

 

The investment returns versus the benchmark as a percentage for June 2021 are:

•        Council portfolio current yield (including FRNs)                                     0.56%

•        90 day Bank Bill Swap rate (Benchmark)                                                         0.03%

•        Enhanced 90-day Bank Bill Swap Rate (Benchmark - BBSW+45bps)            0.48%

•        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 June 2021, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for June 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 June 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 June 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 June 2021 to 30 June 2021 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period Summary of Investment & Banking for the Period 1 June 2021 to 30 June 2021 be noted and accepted.

3.     The graphical Investment Analysis as at 30 June 2021 be noted.

 

 

ATTACHMENTS/APPENDICES

1.

Investment Report as at 30 June 2021

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                  26 July 2021

Appendix 1 - Investment Report as at 30 June 2021

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday July 26 2021

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Council Property - Lease Agreement - Shop 1, 131 Queen St, St Marys                         2

 

3        Conduct Matter - Councillor Kevin Crameri OAM

          (To be distributed separately)                                                                                             

 

4        General Manager's Annual Performance Review 2020-21 and Review of Contract         

          (To be distributed separately)

 

 

 

 

 


Ordinary Meeting                                                                                                    26 July 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, 131 Queen St, St Marys 

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        Conduct Matter - Councillor Kevin Crameri OAM

This item has been referred to Committee of the Whole as the report refers to alleged contraventions of any code of conduct requirements applicable under section 440 and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

This item will be distributed separately.

 

4        General Manager's Annual Performance Review 2020-21 and Review of Contract

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

This item will be distributed separately.

 

 

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 26 July 2021

Report Title:            Voluntary Planning Agreement offer by Lendlease for 16 Chapman Street Werrington

Attachments:           Memo to Councillors - Response to Councillor questions raised at the 12 July 2021 Councillor Briefing regarding 16 Chapman Street, Werrington VPA

                                Memo regarding Upgrade and Extension to Links Road St Marys

                                Letter of Offer- 16 Chapman Street Werrington



Ordinary Meeting                                                                                                                  26 July 2021

Attachment 1 - Memo to Councillors - Response to Councillor questions raised at the 12 July 2021 Councillor Briefing regarding 16 Chapman Street, Werrington VPA

 

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Ordinary Meeting                                                                                                                  26 July 2021

Attachment 2 - Memo regarding Upgrade and Extension to Links Road St Marys

 

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Ordinary Meeting                                                                                                                  26 July 2021

Attachment 3 - Letter of Offer- 16 Chapman Street Werrington

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 26 July 2021

Report Title:            Outcomes of Youth Week Forum on Housing

Attachments:           Youth Action Plan Booklet



Ordinary Meeting                                                                                                                  26 July 2021

Attachment 1 - Youth Action Plan Booklet

 

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