Council_Mark_POS_RGB

22 November 2021

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held remotely using audio visual links, audio streamed and in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 22 November 2021 at 7:30PM.

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 - 25 October 2021.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING COUNCIL

6.           MAYORAL MINUTES

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Access Committee Meeting - 13 October 2021.

Local Traffic Committee Meeting - 1 November 2021.

Heritage Advisory Committee Meeting - 3 November 2021.

Policy Review Committee Meeting - 8 November 2021.

Resilience Committee Meeting - 10 November 2021.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 22 November 2021

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

WEBCASTING NOTICE

 

 

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

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

Australians all let us rejoice,

For we are one and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

 

 

 

 

 

 

 

 

 

 

 

 



 

 

 

 

 

 

WEBCASTING NOTICE

 

Please note that tonight’s meeting other than the

confidential sessions are being recorded and will be

placed on Council’s website. All in attendance should

refrain from making defamatory statements. Council

takes all care when maintaining privacy, however

members of the public gallery and those addressing

Council should be aware that you may be recorded.

 


Statement of Recognition of

Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage

 

 

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

 

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

 

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

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

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

 

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

 

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

 

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

 

 

 

 

 


Council Chambers

Seating Arrangements


For members of the public addressing the meeting


 

 

 

Lectern


 

 

     Directors


 

 

 

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



Governance Coordinator Adam Beggs






Minute Clerk

MediaClr Marcus Cornish

North Ward

 

Clr Bernard Bratusa

East Ward

 

 

Clr Tricia Hitchen

East Ward

 

 

Clr Brian Cartwright

South Ward

 

 

Clr Mark Davies

South Ward

 

 

Clr Jim Aitken OAM

Public GallerySouth Ward

 

 

Clr Kevin Crameri OAM

North Ward

 

 

Clr Ross Fowler OAM

North Ward

Clr John Thain

North Ward

 

Clr Aaron Duke

North Ward

 

Clr Todd Carney

East Ward

 

Clr Greg Davies

East Ward

 

Clr Robin Cook

East Ward

 

Clr Kath Presdee

ManagersSouth Ward

 

 

Directors


 


Oath of Office

 

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

 

 

Affirmation of Office

 

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

 

 

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

 

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

 

 

Local Government Act 1993, Section 233A

 


Council_Mark_POS_RGB2021 MEETING CALENDAR

January 2021 - December 2021

(Adopted by Council – 14 December 2020, amended 29 July 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#+

 

Policy Review Committee

7.00pm

 

8

 

19

 

7

 

9

 

11

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 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 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).

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

ON MONDAY 25 OCTOBER 2021 AT 7:04PM

 

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

 

WEBCASTING STATEMENT

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

 

STATEMENT OF RECOGNITION

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

 

PRAYER

The Council Prayer was read by 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, Ross Fowler OAM, Kath Presdee and John Thain.

 

APOLOGIES

216  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Brian Cartwright that the apology from Councillor Aaron Duke be received.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 27 September 2021

217  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that the minutes of the Ordinary Meeting of 27 September 2021 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 7  - Luddenham Road Planning Proposal as he knows a number of owners of land in the area affected by this planning proposal.

 

Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 8  - Submission to Greater Sydney Parklands Trust Bill 2021 as his wife is the Member for Mulgoa and was involved in the State Government’s purchase of the site. 

 

 

 

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 5 - 57 Henry Street, Penrith Planning Proposal and VPA offer as he is a Director of the company which owns property adjoining the subject property.  Councillor Fowler stated that he would not take part in debate or voting on this matter and would leave the meeting during consideration of the item.

 

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 7 - Luddenham Road Planning Proposal as he acts for the landowner.  Councillor Fowler stated that he would not take part in debate or voting on this matter and would leave the meeting during consideration of the item.

 

 

SUSPENSION OF STANDING ORDERS

218  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Todd Carney that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:10pm.

 

Karen Taylor

 

Item 15 - 2020-21 Draft Financial Statements

 

Ms Karen Taylor, Director, Financial Audit Services at the Audit Office of New South Wales addressed Council on the Draft 2020-21 Financial Statements, and advised that she would be issuing an unqualified audit report, noting that there were no material misstatements and that the Statements present fairly.

 

 

Grace McDonald

 

Item 4 -  Amendment to Penrith City Wide 7.12 Development Contributions Plan for Non-Residential Development

 

A Council staff member read out Ms McDonald’s application to address the Ordinary Meeting and outlined her reasons for addressing the meeting as follows:

 

Ms McDonald submitted an objection to the proposed amendment on behalf of the Mamre Road Landowners Group (LOG), which includes several logistics developers, noting that the repeal of the Section 7.12 Plan has significant implications on the ability of the LOG and other developers in the Precinct to response to industrial land shortfall in Greater Sydney. The submission requested Council to defer the repeal of the Section 7.12 Plan until Council has tabled the final Mamre Road Precinct Section 7.11 Contribution Plan for endorsement, stating that progression of this repeal in lieu of an alternative contribution plan would prevent immediate and direct investment into the Local Government Area.

 

 

RESUMPTION OF STANDING ORDERS

219  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Robin Cook that Standing Orders be resumed, the time being 7:28pm.

 


 

 

Procedural Motion

220  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish that Item 15 - 2020-21 Draft Financial Statements be considered before all other items of business.

 

DELIVERY PROGRAM REPORTS

 

Outcome 7 - We have confidence in our Council

 

15      2020-21 Draft Financial Statements                                                          

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

That:

1.     The information contained in the report on 2020-21 Draft Financial Statements be received.

2.     Pursuant to s413(2)(c) it is the Council's opinion that:

a.   The Financial Statements and schedules have been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting, the Local Government Australian Infrastructure Management Guidelines, and Australian Accounting Standards. The Statements comply with Australian Statements of Accounting Concepts.

b.   The Financial Statements present fairly the Council's financial position as at 30 June 2021 and the operating result for the year then ended.

c.   The statements are in accord with Council's accounting and other records.

3.     Pursuant to the Local Government Code of Accounting Practice and Financial Reporting and Section 215 of the Local Government (General) Regulation 2005 it is the Council's opinion that:

a.   The accompanying Special Purpose Financial Report has been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting and the requirements of National Competition Policy. The Code requires the inclusion of various charges and subsidies which are not actually paid or payable.

b.   The Special Purpose Financial Report is a special purpose report and is not required to comply with Australian Accounting Standards. The above legislative requirements differ from Australian Accounting Standards and hence the report does not comply with Australian Accounting Standards.

c.   The Special Purpose Financial Statements present a modelled scenario for comparative purposes. They do not report an actual result.

4.     The Statements be forwarded to Council's Auditors.

5.     The Financial Statements be placed on public exhibition.

6.     A further report be presented to Council following the public exhibition period.

7.     Council staff be congratulated for preparing the Statements in a timely manner under trying circumstances.

 

 

Mayoral Minutes

 

1        Congratulations to the Panthers                                                               

222  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that the Mayoral Minute on Congratulations to the Panthers be received.

 

Notices of Motion

 

1        Planning Proposal – 1-4 Old Bathurst Road, Emu Plains                      

 

A MOTION was moved by Councillor John Thain seconded Councillor Greg Davies that Council resolve to charge the proponent for the site at 1-4 Old Bathurst Road, the minor fee in accordance with the Council’s Fees and Charges.

 

The MOTION was PUT.

 

For

Against

 

Councillor Kath Presdee

Councillor Marcus Cornish

Councillor Robin Cook

Councillor Bernard Bratusa

Councillor Greg Davies

Councillor Mark Davies

Councillor Todd Carney

Councillor Ross Fowler OAM

Councillor John Thain  

Councillor Tricia Hitchen

Councillor Kevin Crameri OAM

Councillor Brian Cartwright

Councillor Karen McKeown

Councillor Jim Aitken OAM

 

The MOTION was declared LOST on the casting vote of the Mayor.

 

 

2        Road Re-sealing Budget                                                                            

223  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that Council consider increasing the road re-sealing budget at the next budget.

 

 


 

 

Questions on Notice

 

1        12 Judd Street, Berkshire Park                                                                 

 

Councillor Kevin Crameri OAM ASKED:

 

Does the subject property at 12 Judd Street, Berkshire Park meet the exempt and complying criteria in the SEPP where it refers to:

 

The standards specified for that development are that the development must—

(b)  be located at least 1m from each lot boundary, and

 

(i)  if the land is in a rural zone or an environmental zone—not be fill of more than 100 cubic metres on each lot?

 

 

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 11 October 2021                                                             

224  RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Tricia Hitchen that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 11 October, 2021 be adopted.

 

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 11 October 2021                                                             

225  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 11 October, 2021 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Endorsement of the Green Grid Strategy                                                

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

That:

1.     The information contained in the report on Endorsement of the Green Grid Strategy be received

2.     Council note the feedback received as part of the exhibition of the draft Green Grid Strategy provided in Attachments 1, 2, 3 and 4

3.     Council endorse the amended Green Grid Strategy provided in the separate enclosure

4.     Delegation be granted to the General Manager to make minor changes to the Green Grid Strategy prior to publication on Council’s website, if required.

 

 

2        Endorsement of the Employment Lands Strategy                                  

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

That:

1.     The information contained in the report on Endorsement of the Employment Lands Strategy be received.

2.     Council endorses the amended Employment Lands Strategy provided in Attachment 1.

3.     Council notes the feedback received during exhibition and in the Community Engagement Report for the draft Employment Lands Strategy provided in Attachment 2.

4.     Council notes the responses to the submissions in the table provided in Attachment 3.

5.     Delegation be granted to the General Manager to make minor changes to the Employment Lands Strategy and supporting documents prior to publication on Council’s website, if required.

 

 

9        Accelerated Infrastructure Fund Nomination - Aldington Road, Kemps Creek                                                                                               

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

That:

1.     The information contained in the report on Accelerated Infrastructure Fund Nomination - Aldington Road, Kemps Creek be received.

2.     Council authorise the General Manager to submit two formal applications to the Department of Planning, Industry & Environment for Accelerated Infrastructure Funding for Aldington Road in the Mamre Precinct, as detailed in this report.

3.     Council be notified of the result of the Accelerated Infrastructure Fund applications, when announced.

4.     Council authorise the General Manager to execute a Funding Agreement (Attachment 1 to this report) where Council has been approved for Accelerated Infrastructure Funding by the Minister for Planning and Public Spaces.

 

 


 

 

3        Amendment to Penrith Development Control Plan 2014 - Urban    Heat Controls   

229  A MOTION was moved by Councillor Tricia Hitchen seconded Councillor Robin Cook

That:

1.     The information contained in the report on Amendment to Penrith Development Control Plan 2014 - Urban Heat Controls be received.

 

2.      The General Manager be authorised to make any minor changes to the draft Penrith Development Control Plan 2014 prior to exhibition.

3.      Amendments to draft Penrith Development Control Plan 2014 be publicly exhibited, in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979 and associated Regulations and Councils Community Participation Plan.

4.      A further report be presented to Council following the public exhibition.

 

An AMENDMENT was moved by Councillor Bernard Bratusa seconded Councillor Jim Aitken OAM that consideration of this matter be deferred.

The AMENDMENT was PUT.

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

For

Against

 

Councillor Bernard Bratusa

Councillor Kath Presdee

Councillor Mark Davies

Councillor Robin Cook

Councillor Tricia Hitchen

Councillor Greg Davies

Councillor Jim Aitken OAM

Councillor Todd Carney

 

Councillor John Thain  

 

Councillor Ross Fowler OAM

 

Councillor Kevin Crameri OAM

 

Councillor Brian Cartwright

 

Councillor Marcus Cornish

 

Councillor Karen McKeown

 

The AMENDMENT was LOST.

The MOTION was PUT.

The MOTION was CARRIED and on becoming the SUBSTANTIVE MOTION was also CARRIED.

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

For

Against

 

Councillor Kath Presdee

Councillor Bernard Bratusa   

Councillor Robin Cook

Councillor Mark Davies

Councillor Greg Davies

Councillor Tricia Hitchen

Councillor Todd Carney

Councillor Jim Aitken OAM

Councillor John Thain  

 

Councillor Ross Fowler OAM

 

Councillor Kevin Crameri OAM

 

Councillor Brian Cartwright

 

Councillor Marcus Cornish

 

Councillor Karen McKeown

 

 

4        Amendment to Penrith City Wide 7.12 Development Contributions Plan for Non-Residential Development                                                    

230  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Amendment to Penrith City Wide 7.12 Development Contributions Plan for Non-Residential Development be received.

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

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

4.     Details of Council’s decision be provided to the authors of the submissions received.

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

 

For

Against

 

Councillor Kath Presdee

 

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor John Thain  

 

Councillor Ross Fowler OAM

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Karen McKeown

 

 

 


 

 

6        Planning Proposal - Mitigating the Urban Heat Island Effect                

 

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

That:

1.     The information contained in the report on Planning Proposal - Mitigating the Urban Heat Island Effect be received.

2.     Council endorse the Planning Proposal presented in this report which has been provided as Attachment 1 of this report and is publicly available on Council’s website.

3.     The General Manager be granted delegation to update and finalise the Planning Proposal referred to in resolution 2 prior to Council’s submission of the Planning Proposal to the Minister for Planning and Public Spaces.

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

5.     The General Manager be granted delegation to make any necessary changes to the Planning Proposal in the lead up to the Gateway Determination and prior to the public exhibition in response to the conditions of the Gateway Determination and negotiations with stakeholders.

6.     Council publicly exhibits the Planning Proposal for a period specified in the Gateway Determination and in accordance with the community consultation requirements of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

7.     A further report be presented to Council following the public exhibition.

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

 

For

Against

 

Councillor Kath Presdee

Councillor Mark Davies

Councillor Robin Cook

Councillor Bernard Bratusa

Councillor Greg Davies

Councillor Tricia Hitchen

Councillor Todd Carney

 

Councillor John Thain  

 

Councillor Ross Fowler OAM

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Brian Cartwright

 

Councillor Marcus Cornish

 

Councillor Karen McKeown

 

 

 

Having previously declared a Pecuniary Interest in Items 5 and 7, Councillor Ross Fowler OAM left the meeting, the time being 8:43pm.

 

5        57 Henry Street, Penrith Planning Proposal and VPA offer                  

232  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain

That:

1.     The information contained in the report on 57 Henry Street, Penrith Planning Proposal and VPA offer be received.

2.     Council support the Planning Proposal and VPA offer presented in this report, and requests the Department of Planning, Industry and Environment to gazette the LEP amendment sought by the Planning Proposal after a Planning Agreement reflecting the VPA offer has been executed.

3.     The Planning Proposal is submitted to the Department of Planning, Industry and Environment, requesting the LEP clause includes:

a.   A deferred commencement of 12 months or alternative agreed timeframe to allow for the necessary infrastructure to be designed, approved and secured before the new controls come into effect; and

b.   A concurrence clause, where the Planning Secretary must be satisfied that there is adequate infrastructure to support the development before any development consent is issued under the new controls.

4.     The draft VPA be reported back to Council for its consideration.

5.     A VPA be prepared in accordance with the Environmental Planning & Assessment Act 1979 and be notified and executed.

6.     The General Manager be granted delegation to update and finalise the Planning Proposal prior to Council’s submission of the Planning Proposal to the Department of Planning, Industry and Environment for making of the amendment to the Penrith Local Environmental Plan 2010. The update to the Planning Proposal is to reflect the changes recommended in this report, include recommendation 3 and address any minor or typographical errors, and contemporise the document.

 

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

For

Against

 

Councillor Kath Presdee

Councillor Kevin Crameri OAM

Councillor Robin Cook

Councillor Marcus Cornish

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor John Thain  

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Karen McKeown

 

 

Having previously declared a Non-Pecuniary Conflict of Interest – Less than Significant in Items 7 and 8, Councillor Mark Davies left the meeting, the time being 8:49pm.

 

7        Luddenham Road Planning Proposal                                                      

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

That:

1.     The information contained in the report on Luddenham Road Planning Proposal be received

2.     Council endorse the Planning Proposal at Attachment 1 to this report, subject to any further changes resulting from Item 4 below.

 

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

 

4.     The General Manager be granted delegation to make any necessary changes to the Planning Proposal referred to in Item 2 above:

 

a.   prior to Council’s submission of the Planning Proposal to the Minster for Planning to request a Gateway Determination.

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

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

 

5.     A Development Control Plan be prepared for the subject site, to be publicly exhibited concurrently with the Planning Proposal.

 

6.     Council publicly exhibit the Planning Proposal for a period to be specified in the Gateway Determination, and in accordance with the community consultation requirements of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

 

7.     A further report be presented to Council following the public exhibition.

 

 

 

 

 

 

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

 

For

Against

 

Councillor Kath Presdee

 

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor John Thain  

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Karen McKeown

 

 

Councillor Ross Fowler OAM returned to the meeting, the time being 8:51pm.

 

8        Submission to Greater Sydney Parklands Trust Bill 2021                     

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

That:

1.     The information contained in the report on Submission to Greater Sydney Parklands Trust Bill 2021 be received.

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

 

 

Councillor Mark Davies returned to the meeting, the time being 8:52pm.

 

 

Outcome 3 - We can get around the City

 

10      Sydney Metro Interface Agreement                                                          

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

That:

1.     The information contained in the report on Sydney Metro Interface Agreement be received.

2.     Council enter into the Interface Agreement with Sydney Metro as outlined in the separate enclosure to this report.

3.     Delegation be provided to the General Manager to sign the Interface Agreement.

 

Outcome 4 - We have safe, vibrant places

 

11      Renewal of Service NSW Partnership Agreement - Easy to do Business                                                                                                      

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

That:

1.     The information contained in the report on Renewal of Service NSW Partnership Agreement - Easy to do Business be received.

2.     Council delegates authority to the General Manager to enter into an agreement with Service NSW; and

3.     Any necessary documents be authorised for execution under the Common Seal of Council.

 

 

12      RFT21/22-02 Construction of Mulgoa Rural Fire Service Station         

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

That:

1.     The information contained in the report on RFT21/22-02 Construction of Mulgoa Rural Fire Service Station be received.

2.     Rogers Construction Group Pty Ltd be awarded the contract subject to the execution of a formal agreement for Construction of Mulgoa Rural Fire Service Station, for an amount of $1,399,818.46 excluding GST.

3.     The General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

13      RFT21/22-06 Tree Planting Services                                                         

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

That:

1.     The information contained in the report on RFT21/22-06 Tree Planting Services be received

2.     That the tender from Summit Open Space Services for Tree Planting Services be accepted, for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods subject to satisfactory performance and mutual agreement.

3.     The General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 


 

 

Outcome 7 - We have confidence in our Council

 

14      Pecuniary Interest Returns 2020 - 2021                                                   

239  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish that the information contained in the report on Pecuniary Interest Returns 2020 - 2021 be received.

 

16      Audit, Risk and Improvement Committee                                                

240  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish that the information contained in the report on Audit, Risk and Improvement Committee be received.

 

 

17      Summary of Investment & Banking for the Period 1 September 2021 to 30 September 2021                                                                                 

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

That:

1.     The information contained in the report on Summary of Investment & Banking for the Period 1 September 2021 to 30 September 2021 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 September 2021 to 30 September 2021 be noted and accepted.

3.     The graphical Investment Analysis as at 30 September 2021 be noted.

 

 

Procedural Motion

242  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Ross Fowler OAM that Council waive the period of insufficient notice in order to consider Item 18 - RFT 21/22 Police Cottage Construction Works.

 

 

18      RFT 21/22 Police Cottage Construction Works                                       

243  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Tricia Hitchen

That:

1.     The information contained in the report on RFT 21/22 Police Cottage Construction Works be received

2.     The tender from AMA Projects Pty Ltd, for the amount of $1,687,471.00 (excluding GST) be accepted for RFT 21/22 Police Cottage Construction Works

3.     The General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS AND  URGENT BUSINESS

 

RR 1           Topiary - Roundabout at Castlereagh and Andrews Roads, Cranebrook        

Councillor Ross Fowler OAM requested that remediation and improvement works be carried out to the topiary planted on the roundabout at Castlereagh and Andrews Roads, Cranebrook.

 

RR 2           Penrith Lakes   

Councillor John Thain requested a report to Council detailing options for a waterside recreational area that could be provided for residents of the Penrith LGA, at Penrith Lakes, similar to that which is located at Southbank in Brisbane.

 

RR 3           Access to Tench Avenue   

Councillor Mark Davies requested a briefing detailing options for providing access off Blaikie Road to car parking for the East Bank restaurants along Tench Avenue in order to reduce traffic congestion along Tench Avenue.

 

RR 4           Montgrove College - Provision of Pedestrian Crossing

Councillor Mark Davies requested that the Local Traffic Committee investigate all options for installing a pedestrian crossing for school children and the general public on or near Montgrove College, Orchard Hills due to increased traffic in this area since the intersection upgrade at Northern Road and the new bus route that been established.

 

RR 5           Missed Bin Collections      

Councillor Mark Davies requested that Council staff investigate the efficiency of the process when residents bin collections are missed and reported to council, in particular in  Bringelly Road, Kingswood.

 

RR 6           Masterplan - St Marys        

Councillor Todd Carney requested that a masterplan for St Marys be prepared as a matter of priority with work on this to be commenced early next year.

 

RR 7           Legal Matter      

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

 

RR 8           Drainage Issues -  Fourth Avenue, Llandilo

Councillor Kevin Crameri OAM requested information as to what is happening with the group houses on Fourth Avenue, as the water is still running down the road and into the culvert and into a paddock with green slime.

 

 

 

RR 9           Status of Requests    

Councillor Kevin Crameri OAM requested a memo response on a number of requests he has been waiting on answers for including trees, local land services, why we don’t apply etc, and a report on rural gutters.

 

RR 10         Recognition of Jessica Fox        

Councillor Tricia Hitchen requested that Council name the section of road that leads from McCarthys Lane into Penrith Whitewater Stadium Jessica Fox Drive and that a plaque be erected at the entrance to Whitewater Stadium outlining her amazing achievements.

 

RR 11         City Park for St Marys        

Councillor Tricia Hitchen requested that consideration be given to creating a City Park for St Marys to provide a meeting and recreational space for the St Marys community.

 

RR 12         Changes to Child Care Fees       

Councillor Tricia Hitchen requested that an investigation take place into the recent changes to times and fees at Council’s child care centres and also advise if there is a fee relief process available to users of this service.

 

UB 1           Installation of Signs at the Community Kitchen   

Councillor Tricia Hitchen requested that Council staff assist with installing new signs at the Community Kitchen at PCYC.

 

244  RESOLVED on the MOTION of Councillor Tricia Hitchen 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.

 

245  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Marcus Cornish that Council staff assist with installing new signs at the Community Kitchen at PCYC.

 

RR 13         Boat Ramps - Tench Reserve     

Councillor Marcus Cornish requested a memo reply regarding the situation at the boat ramps in Tench Reserve, with a view to Council Rangers patrolling the area around the boat ramps to manage traffic and to prevent cars without trailers parking in trailer parking bays; also that Council write to the State Government requesting funding for managing this situation.

 

 

RR 14         Salvinia in Waterways        

Councillor Marcus Cornish requested that Council write to the Department Planning, Environment and Industry seeking action to remove Salvinia in waterways in the Penrith LGA as it poses a danger to the water quality of the Nepean River.

 

 

 

RR 15         Linking of Green Recreational Spaces in Glenmore Park      

Councillor Kath Presdee requested a memo reply investigating ways in which we can link and improve the green recreation spaces in and around Glenmore Park, providing additional amenities, pathways and signposting to create a network of parks and reserves across the suburb. The memorandum should also include indicative funding levels and options to be considered by the new Council and the community.

 

RR 16         Recycling Strategies 

Councillor Kath Presdee requested a briefing on ways of expanding Council’s recycling strategies to encompass soft plastic waste and clothing and textiles, including ways in which Council can make better use of recycled materials in the provision of local infrastructure such as play equipment and road base.

 

Councillor Mark Davies left the meeting and did not return the time being 9:38pm.

 

UB 2           Civic and Ceremonial Functions

Councillor Kath Presdee requested that Penrith Council delegate the authority to the Mayor, Clr Karen McKeown, and the General Manager, Warwick Winn, to carry out civic and ceremonial functions of the office of Mayor between election day and the holding of the Mayoral Election at the first meeting of the new Council in January 2022.

 

246  RESOLVED on the MOTION of Councillor Kath Presdee 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.

 

 

A MOTION was moved by Councillor Kath Presdee seconded Councillor Todd Carney that Penrith Council delegate the authority to the Mayor, Clr Karen McKeown, and the General Manager, Warwick Winn, to carry out civic and ceremonial functions of the office of Mayor between election day and the holding of the Mayoral Election at the first meeting of the new Council in January 2022.

 

Councillor Marcus Cornish called for a DIVISION.

 

For

Against

 

Councillor Kath Presdee

Councillor Ross Fowler OAM

Councillor Robin Cook

Councillor Brian Cartwright

Councillor Greg Davies

Councillor Kevin Crameri OAM

Councillor Todd Carney

Councillor Marcus Cornish

Councillor John Thain  

Councillor Jim Aitken OAM

Councillor Karen McKeown

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa

 

 

 

 

 

Note:

Councillor Kath Presdee agreed to withdraw this motion and gave Notice for the Motion to be listed on the November Ordinary Meeting agenda.

 

 

 

RR 17         Pink Up Penrith - McGrath Foundation Golf Day - 29 October         2021 

Councillor Bernard Bratusa highlighted Friday’s event to be held at Twin Creeks and requested support for the Golf Day which is being held to raise funds for the McGrath Foundation.

 

RR 18         November Ordinary Council Meeting 

Councillor Bernard Bratusa requested that, as this will be the last Ordinary meeting of the current Council, the meeting be held in person in the Council Chambers.

 

RR 19         Melbourne Cup Luncheon - Regatta Centre

Councillor Greg Davies advised that a Melbourne Cup luncheon will also be held at the Regatta Centre this year raising funds for the McGrath Foundation.

 

RR 20         Function for Jessica Fox   

Councillor Greg Davies requested consideration of holding a celebratory function for Jessica Fox at the same time as the celebratory function for Panthers is planned to be held later this year.

 

RR 21         Planning Reports - Details of Board of Directors 

Councillor Greg Davies requested that information be provided to Councillors detailing the names of all persons who are on the Board of Directors of companies who are landowners and proponents for planning reports.

 

 

RR 22         Boarding Houses - Cnr of Coreen Avenue and Kareela Avenue,    Penrith     

Councillor Todd Carney requested information as to whether the development of a boarding house at the corner of Coreen Avenue and Kareela Avenue, Penrith has been submitted to the Local Planning Panel.

 

RR 23         Civic Reception - Panthers         

Councillor Greg Davies requested a memorandum advising whether a civic reception  congratulating the Panthers on their 2021 Premiership win would be included in the planned December celebrations.

 

RR 24         1-4 Old Bathurst Road        

Councillor Bernard Bratusa requested information as to whether there is an existing precedent for Council reducing fees in regard to planning proposals in the past.

 

RR 25         12 Judd Street, Berkshire Park 

Councillor John Thain requested information as to whether this was a retrospective development application or a complying development.

 

RR 26         Re Item 3 – Amendment to Penrith DCP 2014 - Urban Heat    Controls   

Councillor Mark Davies requested a memo reply detailing why this matter was not brought to a Councillor Briefing as previously requested by him.

 

 

 

Committee of the Whole

 

247  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Todd Carney that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:48pm.

 

Councillors Jim Aitken OAM left the meeting at 9:48pm and did not return.

 

1        Presence of the Public

 

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

 

 

Outcome 7

 

2        RFT 20/21-39 The Police Cottage Food and Beverage Operator                                 

 

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

 

3        Agreement to Lease - 4 Punt Road Emu Plains                                                             

 

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

 

4        Unsolicited Proposal - Lang and Kokoda Park St Marys                                             

 

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

 

 

 

5        Partial Road Closure of Northend Avenue, South Penrith                                           

 

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.

 

6        Penrith Stadium Lease                                                                                                     

 

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

 

7        Licence of Temporary Carpark located at the corner of Rodgers and Somerset Street Kingswood                                                                                                                         

 

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.

 

8        Legal Matter

 

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

 

         

The meeting resumed at 10:27pm and the General Manager reported that the Committee of the Whole met at 9:48pm on 25 October 2021, the following being present

 

Her Worship the Mayor, Councillor Karen McKeown OAM, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Greg Davies, 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        RFT 20/21-39 The Police Cottage Food and Beverage Operator                                 

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

CW2 That:

1.     The information contained in the report on RFT 20/21-39 The Police Cottage Food and Beverage Operator be received

2.     The recommended tender 2773 Pty Ltd be accepted for RFT20/21-39 The Police Cottage Food and Beverage Operator

3.     The common seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or his delegate) be authorised to sign all necessary legal documents in relation to this matter.

4.     A copy of this report be made available on Council’s website at an appropriate time.

 

 

3        Agreement to Lease - 4 Punt Road Emu Plains                                                             

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kath Presdee

CW3 That:

1.     The information contained in the report on Agreement to Lease - 4 Punt Road Emu Plains be received

2.     Council agree to enter into an agreement to lease under the terms and conditions listed within the report to 2773 Pty Ltd.  

3.     The Common Seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or his delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

4        Unsolicited Proposal - Lang and Kokoda Park St Marys                                             

A MOTION was moved by Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM

RECOMMENDED

That:

1.     The information contained in the report on Unsolicited Proposal - Lang and Kokoda Park St Marys be received

2.     Council decline the current Unsolicited Proposal submitted by Pacific Planning based on the details provided within this report

3.     Council proceed with the development of a High Level Business Case over the subject Council owned land in St Marys.

 

An AMENDMENT was moved by Councillor Bernard Bratusa seconded Councillor Tricia Hitchen:

RECOMMENDED

CW4 That:

1.     The information contained in the report on Unsolicited Proposal - Lang and Kokoda Park St Marys be received

2.     Council defer the current Unsolicited Proposal submitted by Pacific Planning as requested and set a specific date in the first quarter of 2022 for the proponent to table an offer.

3.     Council proceed with the development of a High Level Business Case over the subject Council owned land in St Marys.

The AMENDMENT was PUT.

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

 

 

5        Partial Road Closure of Northend Avenue, South Penrith                                           

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Kath Presdee   

CW5 That:

1.     The information contained in the report on Partial Road Closure of Northend Avenue, South Penrith be received

2.     Part Northend Avenue South Penrith, as identified within the report, be permanently closed in accordance with the Roads Act 1993 and classified as operational land.

3.     Upon closure of the road, the subject land form part of a land swap agreement between Council and the Applicant as detailed in this report with compensation subject to market valuation at that time.

4.     The land transferred to Council is to be dedicated as Public Road in accordance with the Roads Act.

5.     The common seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or his delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

6        Penrith Stadium Lease                                                                                                     

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM

CW6 That:

1.     The information contained in the report on Penrith Stadium Lease be received

2.     Council provides financial relief as outlined in the report.

 

 

7        Licence of Temporary Carpark located at the corner of Rodgers and Somerset Street Kingswood                                                                                                              

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

CW7 That:

1.     The information contained in the report on Licence of Temporary Carpark located at the corner of Rodgers and Somerset Street Kingswood be received.

2.     Council commence the advertising process for a new 2 year Licence Agreement with 2 year option to Healthscope Limited over the existing temporary carpark on the corner of Rodgers & Somerset Streets, Kingswood in accordance with Section 47A of the Local Government Act 1993.

3.     Upon completion of the advertising process Council enter into a new 2 year Licence Agreement with 2 year option to Healthscope Limited over the existing temporary carpark on the corner of Rodgers & Somerset Streets, Kingswood.

 

 

 

ADOPTION OF Committee of the Whole

 

248 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Todd Carney that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5, CW6 and CW7 be adopted.

 

 

Her Worship the Mayor, Councillor Karen McKeown OAM then advised that Urgent Business Item 2 - Civic and Ceremonial Functions would need to be recommitted to Council as the Governance Coordinator advised the vote with respect to that item had not been accurate. Rather than recommit the item however, Councillor Kath Presdee agreed to withdraw the motion and list it as a Notice of Motion for the next Ordinary Council Meeting in November.

 

There being no further business the Chairperson declared the meeting closed the time being 10:31pm.

 



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        Penrith Panthers Key to the City                                                                                        1

 

2        Thank you Councillor Greg Davies                                                                                    2

 

 

 

 



Ordinary Meeting                                                                                         22 November 2021

 

Mayoral Minute

Penrith Panthers Key to the City

           

 

On Saturday 20 November I had the honour of presenting the Penrith Panthers 2021 Premiership Winning Team with the Key to the City. This formed part of their community and members celebration that included a parade through the City and Q&A with the players. 

 

This symbolic gesture was made to congratulate the team on its outstanding season and 2021 premiership win in October.

 

The Key to the City is the highest honour awarded by the City of Penrith to individuals or organisations who further the ideals of our City. It is only awarded in exceptional circumstances to acknowledge an outstanding achievement and contribution.

 

The Penrith Panthers’ performance through the 2021 Rugby League season was spectacular, and our community’s response to this performance went above and beyond the usual sporting fervour. I know that for many of our residents, each game the Penrith Panthers played lifted their spirits immeasurably, especially during the long months of lockdown. The team’s ultimate Grand Final success came at a time when our City was emerging from a period of extended hardship and I don’t think I’m overstating the case by saying it felt like a beacon of hope for the future.

 

The Key to the City has only been awarded on three other occasions – to Australian Opera singer Dame Joan Sutherland and conductor Richard Bonynge in recognition of their support of Penrith City’s Performing Arts Centre and to Isamu Okamura in recognition of his advancement of our relationship with Fujieda and his work as commissioner for the Protection of Fundamental Human Rights.

 

The Penrith Panthers outstanding achievement in extraordinary times makes them a worthy recipient of this honour. We thank them for the joy they have given so many people in our City over so many years and this year in particular.

 

A civic reception, including our full protocol list, will be hosted for the team early next year.

 

Text, letter

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Councillor Karen McKeown OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Penrith Panthers Key to the City be received.

 


Ordinary Meeting                                                                                         22 November 2021

 

Mayoral Minute

Thank you Councillor Greg Davies

           

 

I would like to take this opportunity, at our last meeting before the upcoming local government election, to celebrate Councillor Greg Davies’ outstanding contribution to our City over the past 26 years.

 

As most of you know, Greg is not standing at this election. He ends his time at Council having completed four terms as Mayor – with a double term from September 2002 to 2004, and 12-month terms in 2007 and 2011 – earning him the title of Emeritus Mayor. He was also elected as Deputy Mayor for four terms in September 2001, 2004, 2014 and 2018.

 

Penrith has grown and changed a great deal over the past two and a half decades, and Greg has helped make many important and city-shaping decisions over that time. Before being elected to Council, Greg worked in local government for 27 years, and our City has benefited from his experience and expertise.

 

I know Greg is particularly proud of his involvement in helping to negotiate the development of the Erskine Business Park and the sustainable jobs it provides.

 

As Mayor of the day, he was also highly supportive of Council’s 2012 “Penrith is Here” brand campaign. The re-brand marked a real turning point for our City, shifting our own and others’ perception of who we are, what we represent and our potential as a leader in Western Sydney.

 

Greg’s legacy is wide reaching, it includes helping to deliver Council’s innovative 3-bin system, an initiative that has diverted huge amounts of waste from landfill and the planning of new release areas like Glenmore Park, Caddens, Thornton and Jordan Springs.

 

Always generous with his time, he has represented Council on a range of boards and committees including as Chair of the Penrith Valley Community Safety Partnership and Graffiti Management Working Party, the former Western Sydney Waste Board, the Board for the Ripples Aquatic Centre and the Whitewater Stadium. He also held an executive position on the Local Government Association of NSW.

 

Anyone who knows Greg will tell you he is a proud St Clair resident, ready to move heaven and earth for the people he represents in the East Ward. He is a well-known and well-liked figure both within his community and our organisation and I know there will be many, many people who will be sorry to see his name missing from the ballot paper.

 

Greg, I’d like to commend the passion you’ve brought to your role as Councillor and thank you for your dedication to achieving the best possible outcomes for Penrith and our community. We wish you all the very best for the future.

 

I would also like to take this opportunity to thank Councillors Aaron Duke and Brian Cartwright who have also decided not to run at the election. While their tenure has been shorter than Cr Davies, they have each contributed greatly to our City during a period of rapid change and advancement.

 

 

 

 

I have enjoyed working alongside you and thank you for the time you have dedicated to your roles and the insight you have brought to this Council. We wish you both well.

 

 

Text, letter

Description automatically generated

 

Councillor Karen McKeown OAM

Mayor

 

  

 

RECOMMENDATION

That the Mayoral Minute on Thank you Councillor Greg Davies be received.

  


 

 

 

 

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Notices of Motion

 

Item                                                                                                                                       Page

 

1        Delegation of Civic and Ceremonial Duties                                                                       1

 

2        Political Parties - Local Government Elections                                                                  2

 

3        Dedication  - Australian Defence Force                                                                             3

 

4        Factory Road and Loftus Street - Footpaths                                                                     4

 

 

 

 

 

 



Ordinary Meeting                                                                                         22 November 2021

Notice of Motion

1          Delegation of Civic and Ceremonial Duties            

 

 

Councillor Kath Presdee TO MOVE:

 

That Penrith Council delegate the authority to the Mayor, Clr Karen McKeown, and the General Manager, Warwick Winn, to carry out civic and ceremonial functions of the office of Mayor between election day and the holding of the Mayoral Election at the first meeting of the new Council in January 2022.

 

Officer Response

 

The Local Government Act 1993 at Section 377 provides for the following:

 

(1)  A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council under this or any other Act, other than the following….

 

None of the prohibited functions listed in 377 prevent Council from delegating to anyone the civic and ceremonial functions normally associated with the Office of Mayor.

 

Due to COVID-19 and the postponement of the election until 4 December, a situation has arisen where for Council’s who do not have a popularly elected Mayor, will experience a period of up to 6 weeks where there will be no elected representation on Council.

 

During this period, it is likely that there will be occasions where civic, ceremonial or leadership roles are required. These could range from functions, welcomes or openings, to more serious matters where civic leadership is required in the event of a major event or disaster to impact the city.

 

Council already has broad delegations in place to the General Manager which permit the General Manager where required to step into these roles for this temporary period.

 

The OLG has recently released a document confirming the approach suggested in this Notice of Motion is permissible, however cautions that consideration should be given to delegating to a person who is no longer elected or accountable to the city. However, it is noted that current Mayor is a candidate at the upcoming election.

 

Should this Notice of Motion be successful, Council should also consider and resolve what this role will be referred to as, one option Council may consider is Council Spokesperson.

 

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         22 November 2021

Notice of Motion

2          Political Parties - Local Government Elections            

 

 

Councillor Marcus Cornish TO MOVE:

 

That Council write to the NSW State Government requesting appropriate changes to be made to prohibit political parties running at local government elections.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         22 November 2021

Notice of Motion

3          Dedication  - Australian Defence Force            

 

 

Councillor Councillor Crameri OAM TO MOVE:

 

That Council actively support the request from Air Dispatch Association of Australia to dedicate a tree, park bench, seat or plaque in Memory Park in support of ADF members.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         22 November 2021

Notice of Motion

4          Factory Road and Loftus Street - Footpaths            

 

 

Councillor Kevin Crameri OAM TO MOVE:

 

That an urgent report be brought to Council regarding the push for footpaths to be installed at Factory Road and Loftus Street area.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Questions on Notice

 

Item                                                                                                                                       Page

 

1        Rural Boundary Clearing Code                                                                                          1

 

 

 



Ordinary Meeting                                                                                         22 November 2021

Question On Notice

1          Rural Boundary Clearing Code            

 

 

Councillor Kevin Crameri OAM ASKED:

 

Has Council adopted the Rural Boundary Clearing Code developed by the NSW Government or is it intending on adopting?

  


 

 

 

 

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Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Access Committee Meeting held on 13 October 2021                                                                                                                                              1

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 1 November 2021                                                                                                                                    5

 

3        Report and Recommendations of the Heritage Advisory Committee Meeting held on 3 November 2021                                                                                                                16

 

4        Report and Recommendations of the Policy Review Committee Meeting held on 8 November 2021                                                                                                                19

 

5        Report and Recommendations of the Resilience Committee Meeting held on 10 November 2021                                                                                                                                  22

 

 

 

 

 

 

 



Ordinary Meeting                                                                                         22 November 2021

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 13 October, 2021

 

 

 

PRESENT

Deputy Mayor Councillor Tricia Hitchen, Councillor Robin Cook (Chair), Councillor Todd Carney, Dianne Brookes, Matthew Roger, Farah Madon, Carole Grayson, Allan Windley, Anthony Mulholland, Jeni Pollard – Manager City Resilience, Lila Kennelly – Community Resilience Coordinator, Marcela Hart – Community Capacity Lead, Michael Laing – Community Capacity Officer, Craig Squires – Building Certification, Graham Howe – Building Assets Coordinator, Natasha Borgia – City Planning Manager, Natalie White – Planning Information Officer, Natalie Stanowski – Principal Planner.

 

APOLOGIES

Councillor Tricia Hitchen briefly joined the meeting to wish the committee all the best, however she was unable to stay for the duration of the meeting due to a prior commitment. Councillor Robin Cook chaired the meeting. There were no further apologies.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 11 August 2021

The minutes of the Access Committee Meeting of 11 August 2021 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Nil.

 

MATTERS ARISING FROM PREVIOUS MEETING

 

Lila Kennelly provided an update on the access and inclusion training for Council officers and presenters to the Access Committee. Council is currently working on scoping and procuring an appropriate contractor to provide this service.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Penrith DCP Review - Accessibility and Adaptability

The Penrith DCP Review document was shared with all members of the Access Committee prior to the meeting to allow sufficient time for review and feedback.

Natasha Borgia introduced the Development Control Plan (DCP) Review and the City Planning team members, Natalie White and Natalie Stanowski who presented on the Penrith DCP Review, the strategic direction for the plan is:

•  To create an inclusive and accessible city for all members or our community regardless of age, disability or mobility.

•  To improve accessibility to our built environment allowing people of all ages and abilities to participate in facilities city wide.

•  To provide a suitable proportion of housing within the LGA for people to age in place, without requiring costly alterations.

 

The draft Penrith DCP has been distributed for feedback and will be reported to the newly elected council in early 2022.

Suggestions/Concerns raised by the committee included:

•  A general link to be included in the Legislative Framework Fact Sheet to take users to the Council website.

•  Separate detailed feedback has been provided by Access Committee members directly to the City Planning team.

 

RECOMMENDED

That:

1.     The information contained in the report on Penrith DCP Review - Accessibility and Adaptability be received.

2.     The draft Accessibility and Adaptability DCP chapter be reviewed by Council’s Access Committee for feedback.

 

 

Outcome 6 - We are healthy and share strong community spirit

 

2        Access Committee Highlights 2016 – 2021

Lila Kennelly presented on the Highlights of the Access Committee, including:

•        Nepean Jobs For All project

•        Access Committee has provided input into over 25 DA’s and a number of other key public space projects

•        Adult Change Facilities project, Council was highly recognised

•        Everyone Can Play project, the outcomes of this project have influenced the Open Space and Recreation Strategy.

•        Farah Madon was named Penrith Citizen of the Year in 2019, recognising both her contribution to the Access Committee as well as Farah’s personal commitment to promoting inclusion for all.

•        The contribution of David Currie to the Access Committee, Council endorsed a proposal to rename the playground at Banks Drive, St Clair, as the David Currie Playground, in David’s honour.

                                                                                                                                 

RECOMMENDED

That the information contained in the report on Access Committee Highlights 2016 - 2021 be received.

 

 

GENERAL BUSINESS

 

GB1           Disability Snapshot

 

Marcela Hart provided an update on Disability Snapshot which is now available on Council’s website: https://www.penrithcity.nsw.gov.au/images/documents/disability_snapshot_2021_final_accessible.pdf 

 

 

Council commissioned Westir (not for profit organisation) to help in developing much of the background data analysis. The purpose of the snapshot is to profile the diversity in our community, showing disabilities as a unique element of diversity within our community. This document will also direct the decision making and planning for the consultation phase for the development of the new Disability Inclusion Action Plan 2022 – 2026.

 

GB2           David Currie

 

Marcela Hart provided an update on the David Currie playspace upgrade works will commence within the next 2 weeks, works are expected to be completed by June 2022 and will include fully fenced inclusive playspace including an accessible spinner, climbing net and slides, wheelchair accessible trampoline and much more.

 

GB3           COVID-19 Update

 

Lila Kennelly spoke to the effects that COVID-19 have taken on the community and in particular on people with disabilities. Council is currently running a Good Neighbour Support Service, please feel free to refer anyone who may appreciate a check-in:

https://www.penrithcity.nsw.gov.au/community-library/community/good-neighbour-program 

 

GB4           Nepean River Walk

 

Councillor Todd Carney raised concerns about disability access on the Nepean River Walk particularly on the M4 motorway side of the walk. Councillor Todd Carney requested some advocacy work be carried out in relation to this matter.

 

GB5           Nepean Hospital Redevelopment

 

Matt Rogers advised that the hospital redevelopment team are making connections with the Multicultural Health Unit at the hospital who are currently looking at developing a Multicultural Snapshot that profiles cultural and linguistic diversity and its specific intersection with health and disability.

 

GB6           Nepean Hospital Ramp Access

 

Matt Roger provided an update that an alternative design solution to address safety concerns around the ramp access and zebra crossing to Nepean hospital has been undertaken to address concerns that were raised by the Access Committee at the previous Access Committee meeting held on 11 August 2021.

 

GB 7           Accessible Taxi Rank at St Clair Shopping Centre

 

Follow up on GB1 from the previous Access Committee meeting held on 11 August 2021. Matt Roger is scheduled to meet with management of the St Clair shopping centre within the next week to raise concerns regarding the lack of accessible taxi rank at the shopping centre.

 

GB 8          Low Hanging Trees in Thornton

 

Carole Grayson requested a review of trees within the Thornton Estate, now that trees are starting to mature there are quite a few trees with very low hanging branches that raise a real safety concern for pedestrians. Request to be sent through to City Presentation to review.

 

 

GB 9           Audit on Accessible Exercise Equipment

 

Councillor Robin Cook request an audit into accessible exercise equipment in the parks within the LGA.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7:10pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 13 October, 2021 be adopted.

 


Ordinary Meeting                                                                                         22 November 2021

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 1 November, 2021

 

 

(Note: due to prevailing public health crisis, and related COVID-19 protocols, the Local Traffic Committee Business Paper and reports were referred to members and a formal meeting held via on-line Zoom platform).

 

PRESENT

Deputy Mayor, Councillor Karen McKeown OAM (Council Representative), Councillor Robin Cook (Representative for the Member for Londonderry), Councillor Tricia Hitchen (Representative for the Member for Penrith), Wayne Mitchell - Director Development and Regulatory Services (Chair), Sergeant Matthew Shirvington - Nepean Police Area Command (PAC), Senior Constable Stephen Page - Nepean Police Area Command (PAC), Brana Ravichelvan - Transport for NSW (TfNSW), Charles Choucair - Transport for NSW (TfNSW), David Lance - Transport for NSW (TfNSW).

IN ATTENDANCE

Councillor Marcus Cornish, Steve Grady - Busways, Ben Cantor – Busways, Paul Bottomley – CDC Bus NSW, Adam Wilkinson – Engineering Services Manager, David Drozd – Traffic Engineering Coordinator, Graham Green – Senior Traffic Engineer, Daniel Davidson – Senior Traffic Engineer, Kablan Mowad – Senior Traffic Engineer, Anthony Baradhy – Traffic Engineering Officer, Wendy Read – Road Safety Officer, Isaac Mann - Trainee Engineer, Bernie Meier – Signs and Lines Marking Supervisor, Steve Purvis – Senior Ranger.   

 

APOLOGIES

Kylie Thornley - Traffic Administration Officer, Andrew Jackson - Director Development and Regulatory Services

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 11 October 2021

The minutes of the Local Traffic Committee Meeting of 11 October 2021 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        Local Traffic Committee – Proposed Meeting Dates for 2022                 

RECOMMENDED

That:

1.     The information contained in the report on Local Traffic Committee – Proposed Meeting Dates for 2022 be received.

2.     The listed dates be confirmed for 2022.

 

 

 

2        Emu Plains shared user and bike path - Consultation update and proposed Signage and Line Marking Plan

Councillor Marcus Cornish raised concerns for the rail bridge and questioned if there were going to be signage stating for cyclists to look out for pedestrians. Wendy Read – Road Safety Officer advised that the delineated path for cyclists and pedestrians would need to be formalised. Councillor Marcus Cornish further questioned the need for traffic calming devices to reduce speed down the Great Western Highway, Emu Plains. Wendy Read – Road Safety Officer stated there were no proposed devices at this stage. Raymond Tran – Transport for NSW (TfNSW) stated that this is a regional road, under Council’s control.

Raymond Tran – Transport for NSW (TfNSW) advised he had sent through his initial thoughts on the design plans. He requested swept paths turning right out of Brougham Street, Emu Plains be confirmed. He also raised that the Great Western Highway, Emu Plains will have a tight turning circle with the new pedestrian crossing.                                                                                                 

RECOMMENDED

That:

1.     The information contained in the report on Emu Plains shared user and bike path - Consultation update and proposed Signage and Line Marking Plan be received.

2.     Consultation continue to be undertaken with affected properties regarding the amended Plans on The Great Western Highway, Emu Plains.

3.     Subject to no substantial objections, Design Plan Drawing No. C110713-02-CC301 and the Signage and Line Marking Plan be endorsed for construction, with funding provided from Transport for NSW Active Transport grant.

4.     Penrith City Council Officers continue to provide ongoing communication with Blue Mountains City Council (BMCC), Transport for NSW and Sydney Trains and to obtain necessary approvals as required.

5.     Penrith City Council Officer to seek additional funding sources in response to Sydney Train’s requirement for the installation of anti-throw screens to the rail bridge.

 

3        Barber Avenue, Penrith - 'No Parking - Waste Collection Vehicles Excepted' zone

Councillor Marcus Cornish questioned how many more developments do we expect to receive from legacy Development Applications? Daniel Davidson – Senior Traffic Engineer advised he will look into it and stated that there should not be too many more. Councillor Marcus Cornish raised concerns about the number of on street car parking spaces that will be lost.                                                                                                                                         

RECOMMENDED

That:

1.     The information contained in the report on Barber Avenue, Penrith - 'No Parking - Waste Collection Vehicles Excepted' zone be received.

2.     ‘No Parking – Waste Vehicles Excepted’ restrictions be installed fronting number 24 Barber Avenue, Penrith, as shown in Appendix 1.

 

3.     Works are to be undertaken at the developer’s expense with no cost to Council.

 

4        Jamison Road, South Penrith - Proposed installation of pedestrian fencing at Penrith South Public School

Steve Grady – Busways suggested extending the pedestrian fencing on the northern side of Jamison Road, South Penrith to cover the entire ‘No Stopping’ zone out the front of the existing unit complexes. He has received feedback from the drivers of Busways that bins are constantly being left in these zones, instead of on the kerb. Wendy Read – Road Safety Officer advised that she will have to take it Transport for NSW to review. Raymond Tran – Transport for NSW (TfNSW) stated that the TCS plans would need to be updated to reflect these changes and it would be pending TfNSW approval. Steve Grady – Busways highlighted the need to protect the safety of the school children. Wendy Read – Road Safety Officer agreed that safety is our number one priority.                                                                

RECOMMENDED

That:

1.     The information contained in the report on Jamison Road, South Penrith - Proposed installation of pedestrian fencing at Penrith South Public School be received.

2.     Consultation be undertaken with Penrith South Public School; Busways and Blue Mountains Transit as well as affected properties regarding the proposed installation of pedestrian fencing on Jamison Road, South Penrith as shown in Appendix 1.

3.     Subject to no substantial objections being received, the pedestrian fencing project be entered into Council’s Traffic Facilities Prioritisation Program for future funding.

4.     Council Officers to pursue grant funding to expedite the delivery of the pedestrian fencing. 

5.     The Principal of Penrith South Public School; Penrith South Public School Parents and Citizens Association; Department of Education’s Road Safety Education Officer; and The Hon. Stuart Ayres, MP, be advised of Council’s resolution.

 

5        Greenhills Avenue, South Penrith - Proposed Signage and Line Marking

Raymond Tran – Transport for NSW (TfNSW) had no objections to the plans, and has requested Council to check the D4 signs against the Australian Standards.                                                                                                                 

RECOMMENDED

That:

1.     The information contained in the report on Greenhills Avenue, South Penrith - Proposed Signage and Line Marking be received.

2.     Consultation be undertaken with affected properties regarding the proposed signage and line marking along Greenhills Avenue, South Penrith.

3.     Subject to no substantial objections being received, the proposed signage and line marking along Greenhills Avenue, South Penrith be installed as shown in Appendix 1.

4.     The resident who reported the matter be advised of Council’s resolution.

 

6        Derby Street and Evan Street, Penrith - Endorsement of Design Plan AD137 for Constructing Concrete Flattop Road Hump with associated Signs and Linemarking

Steve Grady – Busways questioned whether the current bus stop out the front of 161 and 163 Derby Street will be impacted by the proposed road hump. Busways requested to consider the bus stop to be relocated. Adam Wilkinson – Engineering Services Manager (Chair) stated that if it meant making it safer and help with the improvement of bus services, the bus stop can be relocated and advised to continue these discussions offline.

RECOMMENDED

That:

1.     The information contained in the report on Derby Street and Evan Street, Penrith - Endorsement of Design Plan AD137 for Constructing Concrete Flattop Road Hump with associated Signs and Linemarking  be received.

2.     Consultation be undertaken with affected residents and businesses.

3.     Subject to no substantial objections, Design Plan AD137 be endorsed for construction, with funding provided from National Blackspot & Safe Road Program 2021/22.

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

 

7        Cox Avenue, Kingswood - Proposed Parking Lane Linemarking and 'No Stopping' Signage

Councillor Marcus Cornish queried why there wasn’t proposed white linemarking parking bays, similar to what has been implemented near the Nepean Hospital. He stated that these linemarkings assist in stopping drivers from parking or encroaching onto neighbouring driveways. Adam Wilkinson – Engineering Services Manager (Chair) stated that he agrees the linemarking bays assist in stopping overhanging, however this has not been proposed for this area.                                                                                                                                 

RECOMMENDED

That:

1.     The information contained in the report on Cox Avenue, Kingswood - Proposed Parking Lane Linemarking and 'No Stopping' Signage be received.

2.     Consultation be undertaken with properties/businesses on Cox Avenue, Kingswood regarding the proposed linemarking and ‘No Stopping’ signage as shown in plan TS0057, dated October 2021 (Appendix 1).

3.     Subject to no substantial objections being received, the proposed line marking and ‘No Stopping’ signage on Cox Avenue, Kingswood as shown in plan TS0057, dated October 2021 (Appendix 1) be installed.

4.     Business Owner who raised this mater and Council’s Rangers Services department be advised of Council’s resolution.

 


 

8        Woodriff Gardens, Penrith - Endorsement of Design Plans for Stage 2 Car Park

Raymond Tran – Transport for NSW (TfNSW) queried that if the 10km ‘Shared Use Zone’ signage is going to be implemented, it would need to be approved by Transport for NSW and for them to review the design process. Lalaine Malaluan – Traffic Engineering Officer stated that yes, the 10km shared use zone needs to be in the plans due to there being no footpath or wheelchair access except via the roadway. Adam Wilkinson – Engineering Services Manager (Chair) advised that this project is being designed and delivered by Transport for NSW.

Mayor, Councillor Karen McKeown OAM queried that the 126 car parking spaces is in addition to the Stage 1 car parking space numbers. Adam Wilkinson – Engineering Services Manager (Chair) confirmed the numbers as correct. Mayor Councillor Karen McKeown OAM raised concerns for the number of disabled parking spaces available and requested if more could be allocated. Adam Wilkinson – Engineering Services Manager (Chair) advised that the ratio was satisfactory and there are more accessible parking available in the Stage 1 carpark.

Deputy Mayor, Councillor Tricia Hitchen also shared her concerns about the safety of people in wheelchairs who will be using the roadway to exit the carpark and suggested moving them in the Stage 1 section. Adam Wilkinson – Engineering Services Manager (Chair) agreed and suggested a review of these design plans take place to potentially add a footpath connection.

Councillor Marcus Cornish suggested moving all the accessible parking spaces to Stage 1, where it is closer to the exit and where you drive in.

Adam Wilkinson – Engineering Services Manager (Chair), based on the discussion he recommended that this matter be deferred due to the significant concerns and we as a Committee, go back to Transport for NSW.

Adam Wilkinson – Engineering Services Manager (Chair) recommended to have this item deferred, with the feedback to Transport for NSW to relook at the whole issue of accessible parking as well as accessible path of travel.

Deputy Mayor, Councillor Tricia Hitchen and Mayor, Councillor Karen McKeown OAM moved and seconded this motion. Adam Wilkinson – Engineering Services Manager (Chair) proposed to alter the second recommendation as per the below which was carried.               

RECOMMENDED

That:

1.     The information contained in the report on Woodriff Gardens, Penrith - Endorsement of Design Plans for Stage 2 Car Park be received.

2.     The Stage 2 Car Park Design Plan for Woodriff Gardens (Reference No: 30011928; RMS Registration No: DS2014/005572), be deferred with feedback to Transport for NSW in relation to accessible parking spaces and accessible path of travel needed to be included in this design and that a review of the speed limit sign post be part of that review.

 


 

 

9        Intersection of Kukundi Drive with Wallan Avenue and Nindi Crescent, Glenmore Park - Proposed Installation of Double Barrier Line Marking, Parking Lane Line Marking and C3 Yellow Edge Line Marking

RECOMMENDED

That:

1.     The information contained in the report on the Intersection of Kukundi Drive with Wallan Avenue and Nindi Crescent, Glenmore Park - Proposed Installation of Double Barrier Line Marking, Parking Lane Line Marking and C3 Yellow Edge Line Marking be received.

2.     Consultation be undertaken with affected properties regarding the proposed double barrier line marking, parking lane line marking and C3 yellow edge line marking on Kukundi, Glenmore Park as shown in Appendix 1.

3.     Subject to no substantial objections being received, the proposed separation lines and the double barrier line marking at the bend of Kukundi Drive and Wallan, Glenmore Park be installed as shown in Appendix 1.

4.     Subject to no substantial objections being received, the proposed parking lane line marking be installed in Kukundi Drive, Glenmore Park be installed as shown in Appendix 1.

5.     Subject to no substantial objections being received, the proposed C3 yellow edge line marking be installed in Kukundi Drive, Glenmore Park be installed as shown in Appendix 1.

6.     Council’s Rangers and the resident who reported the matter be advised of Council’s resolution.

 

10      Tea Tree Glen, Jamisontown – Proposed ‘No Parking’ Restrictions at Cul-de-sac

Councillor Marcus Cornish queried the legacy design of the ‘half cul-de-sac’. Adam Wilkinson – Engineering Services Manager (Chair) agreed that these street designs are sometimes difficult to work around, however the waste collection contractors will be helped by this outcome.

RECOMMENDED

That:

1.     The information contained in the report on Tea Tree Glen, Jamisontown – Proposed ‘No Parking’ Restrictions at Cul-de-sac be received.

2.     Consultation be undertaken with affected properties regarding the proposed ‘No Parking’ Restrictions at Cul-de-sac in Tea Tree Glen, Jamisontown.

3.     Subject to no substantial objections being received, the proposed ‘No Parking’ signs at Cul-de-sac in Tea Tree Glen, Jamisontown be installed as shown in Appendix 1.

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

 


 

 

11      Intersection of Adelaide Street and Australia Street, St Marys - Endorsement of Design Plan AA54 for Constructing Median Island Stop Treatment and Concrete Flattop Road Hump with associated Signs and Linemarking

Councillor Marcus Cornish questioned why we aren’t constructing a roundabout in this location. Anthony Baradhy – Traffic Engineering Officer advised that a review of crash data history determined this design plan. Adam Wilkinson – Engineering Services Manager (Chair) stated that we look at the crash history, the speeds and site context. In this instance the median island stop treatment is the best outcome for this location. He advised that there is a lot of constraints in that site area due to potentially making significant property adjustments, which cannot be done at this intersection. Councillor Marcus Cornish queried the cost and would a roundabout fit within that funding. Adam Wilkinson – Engineering Services Manager (Chair) advised that a roundabout would cost significantly more for construction and property acquisition. Council looks at the most cost effective ways to make improvements.                                                                                                                             

RECOMMENDED

That:

1.     The information contained in the report on Intersection of Adelaide Street and Australia Street, St Marys - Endorsement of Design Plan AA54 for Constructing Median Island Stop Treatment and Concrete Flattop Road Hump with associated Signs and Linemarking be received.

2.     Consultation be undertaken with affected residents and businesses.

3.     Subject to no substantial objections, design plan AA54 be endorsed for construction, with funding provided from National Blackspot & Safe Road Program 2021/22.

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

 

12      Tench Avenue, Jamisontown – Proposed Pedestrian Crossing Facility and Speed Cushions

Raymond Tran – Transport for NSW (TfNSW) had no objection to the zebra crossing, subject to the standard zebra crossing signs needed to be added into the design plan. He also queried the position of the speed cushions, no buffer between them and the crossing or remove them all together and asked if they were implemented as a precautionary approach. Lalaine Malaluan – Traffic Engineering Officer advised they were placed in as a precaution and safety measure. Raymond Tran – Transport for NSW (TfNSW) suggested a raised zebra crossing, however noted the cost. 

David Drozd – Traffic Engineering Coordinator advised Tench Avenue is becoming an increasingly popular and busy pedestrian area, with this particular section of road acting like a crossing already. He also advised that this could be a future proposal to get a raised crossing, however this is more of an immediate approach to the issue. Raymond Tran – Transport for NSW (TfNSW) raised concerns about the safety issue of the speed cushions location (potential trip hazard) and if there’s no speeding, he was happy to remove them altogether. David Drozd – Traffic Engineering Coordinator suggested to endorse the zebra crossing, but have another discussion about the traffic calming devices offline. Raymond Tran – Transport for NSW (TfNSW) agreed to this proposition.

 

Councillor Marcus Cornish questioned whether rumble zones, like the ones implemented on High Street could be considered as an option. David Drozd – Traffic Engineering Coordinator advised that the rumbles are unique and an expensive solution and in this area, we are looking at implementing a more immediate measure to this pedestrian trend. A raised crossing would be more beneficial in the long term, however what we have proposed is to counter what is occurring every day at the reserve. At the moment this is the best solution.

Mayor, Councillor Karen McKeown OAM questioned the traffic counts and observations at the southern driveway, where there is a roundabout. She advised there is confusion and with the high volumes of traffic, the pedestrian interactions with those vehicles is quite concerning. David Drozd – Traffic Engineering Coordinator advised the observations undertaken at this area has improved and there is better circulation and queuing, with the blocking at Tench Avenue has now stopped. Mayor, Councillor Karen McKeown OAM stated that pedestrian safety was her biggest concern, with vehicles not realising that pedestrians have right of way and is worried about potential conflicts and accidents occurring. David Drozd – Traffic Engineering Coordinator suggested changes in colour pavement to differentiate between the road and footpaths is another potential solution. Adam Wilkinson – Engineering Services Manager (Chair) highlighted the need for pedestrian safety in this area and will investigate additional educational signage to be placed around this location as well.

Adam Wilkinson – Engineering Services Manager (Chair) proposed to add two more recommendations as per recommendations six and seven below. 

RECOMMENDED

That:

1.     The information contained in the report on Tench Avenue, Jamisontown – Proposed Pedestrian Crossing Facility and Speed Cushions be received.

2.     Consultation be undertaken with affected residents and businesses regarding the proposed zebra crossing, speed cushion and associated signage to be installed on Tench Avenue, Jamisontown.

3.     Subject to no substantial objections being received, the proposed zebra crossing, speed cushion and associated signage be endorsed for installation, with funding provided from the Future LTC / Urgent Traffic Facilities budget.

4.     The proposed concept design be referred to Council’s design team for further detailed design.

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

6.     The proposed plans include appropriate pedestrian signage to accompany the marked pedestrian crossing facility.

7.    Council work with Transport for NSW (TfNSW) to investigate opportunities for the location of the speed cushions on the approach to the pedestrian crossing facility.

 


 

13      Marrett Way, Cranebrook - Consideration of Resident Petition              

RECOMMENDED

That:

1.     The information contained in the report on Marrett Way, Cranebrook - Consideration of Resident Petition be received.

2.     The previously approved signage and linemarking improvements on Marrett Way, Cranebrook as shown in Appendix 1 proceed to installation.

3.     Residents who petitioned for the above additional changes to Marrett Way be notified of the Local Traffic Committees recommendation and be notified that the proposed signage and linemarking improvements on Marrett Way, Cranebrook as shown in Appendix 1 will proceed to be installed.

 

14      Intersection of Blackwood Street and Caddens Road, Claremont Meadows - Proposed 'No Stopping' Signage                                            

RECOMMENDED

That:

1.     The information contained in the report on Intersection of Blackwood Street and Caddens Road, Claremont Meadows - Proposed 'No Stopping' Signage be received.

2.     Consultation be undertaken with affected residents regarding the proposed installation of ‘No Stopping’ signs at the intersection of Blackwood Street and Caddens Road, Claremont Meadows, as shown in Appendix 1.

3.     Subject to no substantial objections being received, the proposed ‘No Stopping’ signs at the intersection of Blackwood Street and Caddens Road, Claremont Meadows be installed, as shown in Appendix 1.

4.     Council’s Rangers and the resident who has reported the matter be advised of Council’s resolution.

 

15      Tench Avenue and Tench Reserve, Jamisontown – Adjustments to Tench Avenue / Access Driveways, Internal Aisles, Signage and Line Marking

Councillor Marcus Cornish advised that motorists aren’t obeying the rules and requested that Council needs to check and make sure people are following the signs, suggesting the Rangers need to patrol and enforce the compliance. He stated there is also a low police presence in the area, but they must be prepared to enforce the parking rules around the boat ramp car park, He also advised there is not enough adequate parking spaces available. Graham Green – Senior Traffic Engineer advised that Council has been involved with a separate committee to resolve those matters and the ways to manage it. Adam Wilkinson – Engineering Services Manager (Chair) agrees with the points raised and there are issues of non-compliance of parking and the need to find the level of enforcement to balance the needs of the community.

Raymond Tran – Transport for NSW (TfNSW) had three questions regarding the design plans; first question being that the give way signs at the most northern access needs to be closer to the intersection. Second question was if the disabled car parking spaces have access to a kerb ramp to the footpaths. And thirdly the swept paths and BB lines, where a vehicle could potentially encroach into the middle of the lane. Graham Green – Senior Traffic Engineer advised the answer to the three questions and proposed to address these matters offline.

Stephen Page - Nepean Police Area Command (PAC) advised his team will undertake more patrols in this area. Adam Wilkinson – Engineering Services Manager (Chair) stated that we have been working with our Cultural Team which had officers from Penrith Command and the Maritime units attend and be part of the consultation. Adam Wilkinson – Engineering Services Manager (Chair) advised that the push for more police patrols is welcomed by Council.

RECOMMENDED

That:

1.     The information contained in the report on Tench Avenue and Tench Reserve, Jamisontown – Adjustments to Tench Avenue / Access Driveways, Internal Aisles, Signage and Line Marking be received.

2.     The Signage and Linemarking Plan – Sheet 1 – Drawing C-480-01 REV F as shown on Appendix 1 be endorsed for construction, with funding provided from the Parks for People NSW Government initiative.

3.     The Council Stakeholder Project Group and the Department of Planning, Industry and Environment Project Managers be notified of Council’s resolution.

 

GB 1           Tench Avenue and Tench Reserve, Jamisontown – Potential         Relocation of Bus Stop       

Steve Grady – Busways advised, in relation to Item 12 of the Business Paper, there is a bus stop located 15-16 metres before the pedestrian refuge at the moment and the plans of the R5 signage would have to be relocated 20 metres further back. He also requested to install this as a bus zone. With the high volume of people wishing to attend this river precinct, Busways is looking at making changes to the current timetable to include a more frequent service to Tench Reserve. Therefore, instead of having a R5 sign, the proposal to implement a bus zone sign in this location has been requested. Adam Wilkinson – Engineering Services Manager (Chair) agreed with the matters raised. 

RECOMMENDED

That:

1.    The information contained in General Business Item 1, Tench Avenue and Tench Reserve, Jamisontown – Potential Relocation of Bus Stop be received.

2.    Council’s Traffic Engineers consult with Busways to investigate opportunities to improve bus accessibility in the Tench Avenue and Tench Reserve precinct.

 

GB 2           Intersection of Charles Hackett Drive and Great Western Highway, St Marys – Request for Green Right-Hand Arrow at Traffic Lights       

Mayor, Councillor Karen McKeown OAM advised that the traffic lights, turning right at Charles Hackett Drive, heading in a westerly direction towards Penrith, onto the  Great Western Highway, St Marys, is very dangerous. Mayor, Councillor Karen McKeown OAM stated that the lack of a right-hand green arrow to turn onto the Great Western Highway is dangerous, due to cars attempting to navigate the amber light, along with the red light speed camera positioned at this intersection. Mayor, Councillor Karen McKeown OAM conveyed that a green right-hand arrow request needs to be fulfilled, and even though it has been asked for many times, Transport for NSW needs to reconsider its decision. There is already a traffic light at this intersection, therefore a green right-hand turning arrow can be added. Steve Grady – Busways agrees with this proposal as buses have been running late due to this route and fully accepts this recommendation.

Mayor, Councillor Karen McKeown OAM believes Council’s Local Traffic Committee is proactive, rather than reactive and advised that we write to the local MP to gain her support and representation in this matter from the State Government.

Raymond Tran – Transport for NSW (TfNSW) advised he was not aware of this issue, however green right-hand turn arrows are usually given for safety or efficiency reasons, depending on the circumstances. Advocating for safety risks, Raymond Tran – Transport for NSW (TfNSW) advised he would look further into the matter and potentially seek support and potential funding through the Safer Road Program (pending approvals).  

Adam Wilkinson – Engineering Services Manager (Chair) accepted the offer from Transport for NSW for their support and advised that we will be writing to TfNSW and the Local State Member, seeking the installation of a green right-hand turn arrow at the intersection.

RECOMMENDED

That:

1.    The information contained in General Business Item 2, Intersection of Charles Hackett Drive and Great Western Highway, St Marys – Request for Green Right-Hand Arrow at Traffic Lights be received.

2.    Consultation be undertaken with Transport for NSW requesting a right green arrow at the Charles Hackett Drive and Great Western Highway, St Marys intersection.

3.    Council write to the Local State Member seeking their support and representation to Transport for NSW.

 

 GB 3          Lord Sheffield Circuit, Penrith – Request for Increased Police Patrols  

Councillor Marcus Cornish advised that he has received representations regarding cars speeding and unsafe driver behaviour along Lord Sheffield Circuit, Penrith. Councillor Marcus Cornish is requesting to have increased police patrols in the street, especially in the afternoon. He is hoping a stronger police presence will help the situation.

RECOMMENDED

That:

1.    The information contained in General Business Item 3, Lord Sheffield Circuit, Penrith – Request for Increased Police Patrols be received.

2.    Council Officers source previous traffic volumes and speed counts on Lord Sheffield Circuit, Penrith and refer those to the Nepean Police Area Command (PAC) for analysis and possible enforcement.

 

There being no further business the Chairperson declared the meeting closed the time being 11:09am.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 November, 2021 be adopted.

 


Ordinary Meeting                                                                                         22 November 2021

 

REPORT AND RECOMMENDATIONS OF THE
 Heritage Advisory Committee MEETING

HELD ON 3 November, 2021

 

 

 

PRESENT

Clr Marcus Cornish (Chair), Clr Brian Cartwright, Peter Wood (PCC), James Heathcote (PCC), Abby Younan (PCC), Phillip Doy (PCC), Nick McMaster (PCC), Otto Cserhalmi, Stephen McKenzie, Jennine Leonarder Collins, Wendy Herne, Richard Ward, Beth Moore, Ann-Maree Bonner.

 

APOLOGIES

The apology from Norma Thorburn was accepted.

 

CONFIRMATION OF MINUTES - Heritage Advisory Committee Meeting - 15 June 2021

The minutes of the Heritage Advisory Committee Meeting of 15 June 2021 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Richard Ward is a declaration of interest (non-pecuniary) for the presentation on 129-133 Henry Street Penrith as his organisation previously resided in the building.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Workshop Outcome - 129-133 Henry Street - Redevelopment of former Council Chambers site                                                                    

Council’s Development Services Manager highlighted that this Committee meeting provided an opportunity for members who attended the workshop held in June 2021 with Council Property department on the Former Council’s Chamber’s project to discuss and provide feedback. It was also advised that there has been no development application received for the site yet, with a design competition outcome completed and pre-lodgement advice from Council being provided thus far.

The committee unanimously agreed that the workshop held by Council’s Property Department was of benefit and noted positive attributes for the development.

Notes were issued to committee members in attendance of the workshop by Council’s Property department post-workshop on the 21st September outlining the discussions that took place.

Committee members requested a memo be provided by Council’s Property department to the Heritage Advisory Committee regarding the notes taken from the workshop process.

RECOMMENDED

That:

1.     The information contained in the report on Workshop Outcome - 129-133 Henry Street - Redevelopment of former Council Chambers site be received

 

2.     Feedback from the workshop on the Former Council Chambers project be considered as part of pre-lodgement advice.

 

2        Heritage of Western Sydney (HOWS) App                                                 

Council staff presented to the committee with screenshots of the HOWS app and how it currently works. The committee were advised that there are some Council’s (such as Hawkesbury) who have showed interest in making changes/improvements to the app. Council’s Heritage Advisor briefed the committee regarding the context of how the app was designed and created and its value from a heritage tourism perspective for Western Sydney.

Council staff also asked the committee for feedback on the HOWS App, as a decision is required whether Penrith Council continues to use the App in its current state or whether it be upgraded, given that Penrith Council pay maintenance costs of running the app. It was advised that the app was introduced six years ago and is used by a number of Councils across Western Sydney.

The Committee asked whether the app could be upgraded with the possibility of QR codes being introduced at specific heritage locations, where people can scan the code, and read information that the place they are at. The Committee believe that the HOWS app is an important tool for heritage items in Western Sydney and should be kept and maintained. It was noted however whether less private residences be included, and focus be placed on public heritage items and areas.

The Committee further queried whether augmented reality options would be possible or an interactive format like other modern applications available. The Committee asked what sort of funding would be required to keep this running and whether the Committee can use some funding opportunities toward upgrades to the app, such as an annual allocation from Council to show an ongoing commitment to heritage in Penrith and Western Sydney.

The Committee queried whether the recent Blue Plaque program from Heritage NSW could contribute to the HOWS app project. Council staff advised this program requested expressions of interest from across NSW, with specific recommendations to be put forward to parliamentary members. As such, it is unclear whether any projects will be supported through this initiative. 

Council staff appreciated the feedback and thoughts about the app’s future potential, advising that there is an opportunity for State Government funding to go towards this. It was advised that the Development Services Department of Council currently pay for the licensing fee, flagging the potential for other departments to manage the HOWS app project moving forward.

The Committee unanimously agreed that the future of the HOWS app is worthwhile exploring and can be looked into further in 2022.

RECOMMENDED

                            That:

1.     The information contained in the report on Heritage of Western Sydney App be received

2.     Options be explored for the future of the Heritage of Western Sydney App for Penrith and its partnered Local Government Areas.

 

 


 

GENERAL BUSINESS

 

GB1           Thanks to Committee

 

Clr Cartwright passes his thanks to the committee for everything he has learned during his time in this committee and the hard work and commitment that they put into the city through their various organisations. The Chair would like to see Clr Cartwright retain his membership in the committee through the RSL for next year.

 

GB2           Old Post Office Building, Emu Plains

 

The Chair raised concerns with cracks appearing on the old post office building in Emu Plains and requested whether Council staff can organise repainting the building in an appropriate heritage colour. The Chair also questioned whether this can be done with the money remaining in the heritage budget if suitable quotes and colour schemes are reviewed. Council staff advised that the conservation management plan would need to be reviewed. Council’s Heritage Advisor supported this recommendation. The Chair requested Council staff to review this in the new year.

 

The Committee asked Council staff if there is a possibility to put advertising signage in front of the old post office stating the condition of the building and an expression of interest for its use. Council staff advised that this is a question to Council’s property department regarding leasing, noting that signage on heritage building needs careful consideration and may require a development application.

 

GB3           Palm Trees – Regatta Park Precinct

 

The Chair raised concern for palm trees within the Regatta Park precinct, given the construction works occurring here in relation to a recent Council project. Council staff advised that such aspects have been carefully considered through detailed reviews to ensure its all well considered from a planning and heritage perspective.

 

GB4           Future Meeting Dates

 

The Chair asked whether a date is set for the first Heritage Advisory Committee meeting for next year. Council staff advised that there are no dates set yet due to upcoming Council elections. Once a Chair and Committee is nominated, Development Services will engage with the Chair to discuss future meeting dates for 2022.

 

 

 

The Chair thanked the Committee for their efforts and wished all a Happy Christmas and hopes to see everyone next year.

 

There being no further business the Chair declared the meeting closed at 6:25pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Heritage Advisory Committee meeting held on 3 November, 2021 be adopted.

 


Ordinary Meeting                                                                                         22 November 2021

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 8 November, 2021

 

 

 

WEBCASTING STATEMENT

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

PRESENT

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

 

APOLOGIES

Apologies from Councillors Brian Cartwright, Bernard Bratusa., Mark Davies and Aaron Duke were accepted.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 11 October 2021

The minutes of the Policy Review Committee Meeting of 11 October 2021 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 - Penrith City Council Children's Services Cooperative Ltd, as his daughter-in-law is an employee at a Council Child Care Centre.

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 3 - Penrith Whitewater Annual Report 2020-2021, as he is the Deputy Chair of Penrith Whitewater Stadium.

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Penrith City Council Children's Services Cooperative Ltd                      

RECOMMENDED

That:

1.     The information contained in the report on Penrith City Council Children's Services Cooperative Ltd be received

2.     Council underwrites the operations of the PCCSC Ltd until the presentation to Council of the Penrith City Children’s Services Cooperative Ltd Annual Report for 2022-2023.

 


 

Outcome 4 - We have safe, vibrant places

 

2        Penrith Performing and Visual Arts Annual Report and Update             

RECOMMENDED

That:

1.     The information contained in the report on Penrith Performing and Visual Arts Annual Report and Update  be received.

2.     Council continues to underwrite the operations of the PP&VA up to the presentation of their 2022-2023 Annual Report.

 

Outcome 6 - We are healthy and share strong community spirit

 

3        Penrith Whitewater Annual Report 2020-2021                                           

RECOMMENDED

That:

1.     The information contained in the report on Penrith Whitewater Annual Report 2020-2021 be received.

2.     Council agree to underwrite the operation of the Penrith Whitewater Stadium Limited until the presentation to Council of the Penrith Whitewater Stadium Limited Annual Report for 2022-23.

3.     Council note and support the appointment and re-appointment of the persons named in the report to the Board of Directors of Penrith Whitewater Stadium Ltd.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Children's Services Change in Standard Working Hours and Gap Fee Increase                  

Councillor Tricia Hitchen requested information regarding the change in standard working hours at Council’s Child Care Centres to 8:00am to 5:00pm, and requested clarification on if the gap fee will increase to an extra $110 per week for parents. Councillor Tricia Hitchen also sought information in relation to what parent relief and subsidies are available and if flexible working hours are possible to accommodate for working parents.

 

RR 2           Footage of Motorsport Racing Driver's Rafting Tour    

Councillor Greg Davies requested a copy of the footage of the motorsport racing driver’s rafting tour at the Penrith Whitewater Stadium.

 

RR 3           St Marys Town Centre Report Recommendations         

Councillor Marcus Cornish requested a memorandum to all Councillors outlining the recommendations, resolution and discussion of the most recent St Marys Town Centre management report to Council.

 

 


 

 

There being no further business the Chairperson declared the meeting closed the time being 8:24pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 8 November, 2021 be adopted.

 


Ordinary Meeting                                                                                         22 November 2021

 

REPORT AND RECOMMENDATIONS OF THE
 Resilience Committee MEETING

HELD ON 10 November, 2021

 

 

 

PRESENT

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

 

IN ATTENDANCE

 

Jeni Pollard – Manager City Resilience, Belinda Atkins – Sustainability and Resilience Lead, Andrew Hewson – Sustainability Education Officer.

 

APOLOGIES

An apology from Carina Fernandes was received.

 

CONFIRMATION OF MINUTES - Resilience Committee Meeting - 18 August 2021

The minutes of the Resilience Committee Meeting of 18 August 2021 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 5 - We care about our environment

 

1        Cooling the City Showcase

Belinda Atkins presented on the Cooling the City Showcase project, noting that the Cooling the City video series is now live, and that the second component – the planning for heat issues paper had been completed for Committee endorsement and would then go up for Council endorsement at the Council meeting on 22 November.

It was noted that as part of the development of the issues paper an engagement process was undertaken, first engaging with Council and external planners from across Western Sydney Councils, followed by a second stage engagement process with industry stakeholders through a webinar, survey and key interviews. Through this engagement process two key issues and five recommended actions were developed and refined, with overall industry support for these actions being high.

A summary of the issues and recommended actions and contextual information was presented to the Committee during the meeting.

It was noted that following endorsement of the issues paper, the associated advocacy and communications program would be rolled out over the next 12 or so months, commencing during summer 2021/22.

         

RECOMMENDED

That:

1.     The information contained in the report on Cooling the City Showcase be received

2.     The Resilience Committee endorse the draft Cooling the City: Planning for Heat Issues Paper

 

2        Resilience Committee End of Term

Belinda Atkins presented on the Resilience Committee term and review. It was noted that the Resilience Committee was established in 2017 to provide advice to Council on opportunities to improve resilience of council and the community and integrate resilience into our activities and decision-making. Over the term of the Committee, Penrith has experienced some of the biggest challenges in our history – the hottest temperatures ever experienced in the Sydney basin, once in a generation floods, and a global pandemic.

Over its term, the Committee has had input into strategies, policy and plans, projects on greening, climate mitigation and adaptation and energy efficiency, and has actively participated in and/or advised on urban food projects and Council’s cooling the city work including the video series and community events including Homes and Heat and the Cooling the City Masterclass. The Committee most recently provided valuable contributions to the development of the Resilient Penrith Action Plan, with the Committee’s support and endorsement of the plan lending in more weight.

The results were presented from the survey completed by Committee members as part of the review process being undertaken, to better understand how the Committee has worked over the term, what was done well, did the format and structure work, were expectations met, and identification of improvements that can be made to build upon and continue to add value to the outcomes of the Resilience Committee in the future. Committee members provided further suggestions and comments during the meeting which will be incorporated with the existing data/feedback and considered during the review.

It was noted that the Committee members would like to see the Resilience Committee continue in 2022 in some shape or form.                                                                               

RECOMMENDED

That:

1.     The information contained in the report on Resilience Committee End of Term be received

2.     Council formally thank Committee Members for being a representative on the Resilience Committee during its term.

 


 

 

Outcome 7 - We have confidence in our Council

 

3        Sustainability Overview

Belinda Atkins presented a sustainability overview of Council’s environmental performance. On an annual basis energy, water and greenhouse emissions data is collected, analysed and reported on to ensure that Council is progressing towards its environmental performance targets. This information is included as a sustainability chapter in the annual report on a yearly basis.

In 2020/2021, energy and water consumption and greenhouse gas emissions for Council assets and operations have all reduced compared to the previous year, partly due to efficiency projects and management practices and partly due to reduced operating hours of facilities because of COVID restrictions.

It was noted that Council’s Sustainability Revolving Fund has over its life funded 50 resource efficiency projects saving $1million per year and 5,200 tonnes of greenhouse gases. Since the baseline year (2010/11) energy consumption across Council assets has reduced by 15.4%, combined greenhouse gas emissions from electricity, gas, fuel and waste has decreased by 47%, and energy generated from renewable sources including rooftop solar and accredited green power is now 8% of our total energy consumption, clearly showing that Council is progressing well against its existing sustainability targets and improving our environmental performance.                               

RECOMMENDED

          That the information contained in the report on Sustainability Overview be received.

 

 

GENERAL BUSINESS

 

GB 1           Summer Communications Campaign

 

Andrew Hewson presented on the summer communications campaign for 2021/2022. The summer campaign will be comprehensive and involve messaging across multiple projects / actions. Through the Sustainability e-newsletter and social media channels, the campaign will promote the cooling the city initiatives of council including the cooling the city video series on adapting to urban heat and resilience, tree planting and greening projects such as city park. The campaign will also promote the Empowering Penrith energy efficiency video series, beat the heat messaging, and the Wentworth Housing tenant videos showcasing tips for staying cool. This campaign will be overlayed with COVID safety messaging.

 

GB 2           Generation STEM Program Update

 

Andrew Hewson presented on the Generation STEM project developed by CSIRO, which engages with students on STEM (science, technology, engineering and mathematics) based approaches to challenges faced by communities. It encourages students to think about study and future careers in STEM related industries/sectors. Throughout the program held in 2021, schools partnered with industry / organisations to investigate challenges and identify how STEM can be applied to find a solution. Penrith Council staff including Andrew provided mentoring to Penrith schools on topics including flooding, heat and trees. It was noted that the Showcase Event was to be held on Thursday 11 November. Both Cr McKeown as Mayor and Andrew as a mentor provided a video to be shown at the event. The program is rewarding and establishes Western Sydney as a centre of excellence for STEM.


 

GB 3           Firethrive Project

 

Belinda Atkins presented on the Firethrive Project. Firethrive received funds under the Bushfire Community Recovery and Resilience Fund to develop the ‘How prepared are you for a bushfire’ project, that will deliver a web application/behaviour change campaign. The app is underpinned by Dr Ken Strahan’s bushfire self- evacuation archetype research and helps people to better prepare for a bushfire with tips tailored to them. Firethrive are creating three versions of the app with varying levels of community representation, a nation-wide, state-wide (16 LGAs, including Penrith), and a council-specific version (Penrith LGA). The localised project will include a community online quiz to identify archetypes and tailor the actions and email tips, and localised resources and program developed through community consultation in two 2hr codesign workshops held on 8 November and 15 November 2021. This project will better assist the community in preparing for bushfire.

 

GB 4           Heatsmart Project

 

Belinda Atkins provided an update on the Heatsmart project lead by WSROC in partnership with six Western Sydney Councils and the Western Sydney Local Health District, to build resilience to heat by improving risk awareness, preparedness and response to heatwaves in the community, particularly vulnerable groups. Through this project a Heatsmart preparedness and response framework has been prepared for organisations including councils, and community resources have been developed for the wider community with hints and tips to keep cool, as well as for targeted audiences including over 65’s and parents with young children. A community organisation toolkit has also been developed for community organisations to assist them in developing a heat plan for their organisation and to provide a checklist template to do a health check for clients to ensure members of our community, particularly vulnerable members are prepared for heat during summer months.  A Penrith based community organisation workshop was held on 4 November 2021 and community sessions are being held across the Council areas in the lead up to summer.

 

GB 5           Resilient Penrith Action Plan – Project Updates

 

Belinda Atkins provided an update on a couple of the short-term actions within the Resilient Penrith Action Plan, adopted in June 2021. It was noted that the Green Grid Strategy has been completed and formally adopted by Council, providing a holistic plan for green corridors/networks throughout the Penrith LGA. The Greening our City tree planting project has begun with trees being planted in parks, with the street tree component to commence in March 2022. The Cooling the City Showcase project has been completed with the video series now live on YouTube, and the DCP Heat Package has been drafted and is currently on public exhibition. With respect to energy efficiency and renewables, the review of Council’s Buildings Policy has been completed and is being put to Council for endorsement, solar PV has been investigated and is being installed at Council’s Nursery, and a second electric vehicle has been added to Council’s fleet for use by the Library.

 

Council participated in Emergency Preparedness Week in 2021 and promoted the Get Prepared App. The Disaster Dashboard, a partnership project with Resilience NSW has now been mapped to Council’s web domain and will be live and promoted to the community for summer 2021/22. Also, through our membership, we have also partnered with the NSW Sustainability Advantage Program to develop a circular economy roadmap for Council.


 

 

GB 6           Committee Member General Business

 

Councillor Karen McKeown OAM raised two items under general business. The first was to note the article in the Sydney Morning Herald authored by Linda Scott, President of the Australian Local Government Association, recognising the good work of Penrith Council in mitigating the urban heat island effect and reducing greenhouse gas emissions through energy efficiencies. Local government is leading the way with respect to action in response to our climate, but also recognising that we all need to work together in partnership with government at all levels and with private organisations to achieve positive outcomes. 

 

The second item was drawing the Committee’s attention to the living green wall that Council has constructed in the Civic Centre foyer and inviting Committee members to visit the green wall in person.

 

Nevin Sweeney thanked Penrith City Council and the Committee and expressed his appreciation in being involved in the Resilience Committee over its term.

 

GB 7           Thank you to Resilience Committee Members

 

The Chair, Councillor Karen McKeown OAM, thanked the Resilience Committee members for giving their time for the Committee over its term, and for their valuable input and contributions to Council’s work in building the sustainability and resilience of both Council and our community. Cr McKeown also thanked the staff for their work in facilitating the Committee.

 

 

There being no further business the Chair, Councillor Karen McKeown OAM declared the meeting closed at 7:30 PM.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 10 November, 2021 be adopted.

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Outcome 2 - We plan for our future growth

 

1        Warragamba Dam Raising SSI-8441                                                                                1

 

2        Re-exhibition of Draft Mamre Precinct Development Contributions Plan                         6

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

 

3        Submission on amendments to SEPP (Western Sydney Aerotropolis), Open Space Needs Study, Draft Aerotropolis DCP Phase 2 and Luddenham Village - Discussion Paper    15

 

4        Submission in response to the draft Greater Sydney Water Strategy                            26

 

5        Amendment to State Environmental Planning Policy (State and Regional Development) 2011 for Cemeteries                                                                                                         34

 

6        Proposed Upper South Creek Advanced Recycling Centre (SSI-8609189)                   40

 

7        RFT21/22-11 Voluntary Planning Agreement and Contributions Planning Tracking Software                                                                                                                                           43

 

 

Outcome 4 - We have safe, vibrant places

 

8        RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys                      53

 

9        RFT21/22-19 The Great River Walk Safety Lighting                                                       57

 

10      Naming of Reserve - Max Baker Reserve, Jamisontown                                                61

 

 

URGENT

 

25      RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys (Amended)    125

 

 

Outcome 5 - We care about our environment

 

11      Cooling the City: Planning for Heat Issues Paper and Advocacy Plan                           67

 

 

 

 

 

 

 

Outcome 6 - We are healthy and share strong community spirit

 

12      Penrith Panthers Fishfest Sponsorship                                                                           75

 

13      PP&VA Board Appointments and Constitutional Amendments                                       77

 

14      ClubGrant Infrastructure Program - Trinity Drive Recreation Space                               81

 

 

Outcome 7 - We have confidence in our Council

 

15      Council Buildings Policy                                                                                                   85

 

16      Code of Conduct - Report on Complaints Statistics                                                        90

 

17      Easement for Electrical Substation 34-102 Gipps Street Claremont Meadows Lot 11 DP1194036                                                                                                                       92

 

18      Penrith City Council End Of Term Report 2021                                                               96

 

19      2020-21 Penrith City Council Annual Report                                                                   98

 

20      Organisational Financial Review - September 2021                                                     100

 

21      Audit, Risk and Improvement Committee                                                                      106

 

22      Finalisation of 2020-21 Financial Statements (post public exhibition)                          109

 

23      2021-22 Borrowing Program                                                                                          112

 

24      Summary of Investment & Banking for the Period 1 October 2021 to 31 October 2021 114

 

 

 

 

 

 

 

 

 

 

 


 

 

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        Warragamba Dam Raising SSI-8441                                                                                1

 

2        Re-exhibition of Draft Mamre Precinct Development Contributions Plan                         6

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

 

3        Submission on amendments to SEPP (Western Sydney Aerotropolis), Open Space Needs Study, Draft Aerotropolis DCP Phase 2 and Luddenham Village - Discussion Paper    15

 

4        Submission in response to the draft Greater Sydney Water Strategy                            26

 

5        Amendment to State Environmental Planning Policy (State and Regional Development) 2011 for Cemeteries                                                                                                         34

 

6        Proposed Upper South Creek Advanced Recycling Centre (SSI-8609189)                   40

 

7        RFT21/22-11 Voluntary Planning Agreement and Contributions Planning Tracking Software                                                                                                                                           43

 

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                         22 November 2021

 

 

 

1

Warragamba Dam Raising SSI-8441   

 

Compiled by:               Peter Wood, Development Services Manager

Gavin Cherry, Development Assessment Coordinator

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

 

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

Assess development proposals efficiently and make decisions that are open and fair

      

 

Executive Summary

Council Officers have undertaken a review of the proposed Raising of Warragamba Dam with the application and Environmental Impact Statement (EIS) currently on exhibition.

While the proposal does reduce the impact of flooding in Penrith and provides an estimated $2.6 billion damages cost saving for a 1 in 100 chance in a year flood event, there are significant concerns with the EIS.

The review has identified a number of issues relating to the flood and evacuation modelling and implications; dam operations; biodiversity conservation implications; water quality; construction; traffic and asset management which are required to be addressed and responded to in the assessment.

These issues are detailed in the draft submission which is reported to Council for endorsement. Considering all aspects of the economic and environmental reports, the Council submission concludes that the current application should not be supported based on the exhibited EIS.

Background

The exhibition of the above proposed State Significant Infrastructure Development Application for the Raising of Warragamba Dam within the Wollondilly Local Government Area commenced on 29 September 2021. Following an urgent request by Council Officers, the exhibition period has been extended until 29 November 2021.

 

The proposal is classified as State Significant Infrastructure being for water storage with a Capital Investment Value (CIV) of greater than $30 million and due to potential impact on the environment, pursuant to Section 5.12 of the Environmental Planning and Assessment Act, 1979 and State Environmental Planning Policy (State and Regional Development) 2011. The proponent is WaterNSW and the Minister for Planning and Public Spaces is the consent authority.

The Proposal

The Environmental Impact Statement (EIS) accompanying the development application indicates the proposal provides for flood mitigation through the temporary storage and controlled release of inflows from a flood mitigation zone airspace created by the raised dam. The scope of works included to achieve this is summarised as follows:

 

·    Raising the level of the central spillway crest by approximately 12 metres and the auxiliary spillway crest by approximately 14 metres above the existing full supply level for temporary storage of inflows;

 

·    Raising the dam side walls (abutments) including dam access road by up to 17 metres providing resilience for future impacts to projected climate change;

 

·    Established of a designated area within the existing dam precinct of approximately 105 hectares for construction and laydown areas;

 

·    Infrastructure works to allow for environmental flows to be released from Warragamba Dam;

 

·    Demolition or removal of parts of the existing Warragamba Dam, including the existing drum and radial gates to allow for the new works;

 

·    Thickening and raising of the dam abutments and thickening and raising of the central spillway;

 

·    New gates or openings for release of water from the flood mitigation zone modifications to the auxiliary spillway; and

 

·    Construction of new roads, bridges, ancillary facilities and environmental flow infrastructure.

Proposed Impacts on Flooding

According to the flood modelling results presented in the EIS, the proposed raising of the Dam wall by 14m will lower the peak flood levels in the Hawkesbury and Nepean Rivers. The table below provides a summary of those reductions in peak flood levels associated with the 1% AEP (1 in 100 year) flood at key locations in Penrith.

 

Location

Existing 1% AEP Level

Proposed 1% AEP

Difference

M4 Bridge

28.2m

22.9m

-5.3m

Victoria Bridge

26.3m

21.6m

-4.7m

D/S Penrith Weir

25.6m

18.3m

-7.3m

Castlreagh

20.4m

16.1m

-4.3m

Rickabys Creek

17.4m

13.3m

-4.1m

South Creek (Richmond Bridge)

17.3m

13.2m

-4.1m

 

The map below (extracted from the EIS report) provides a spatial indication of the effects of those reduced peak flood levels. In summary, the purple areas will no longer be inundated in a 1% AEP event after the raising the of the Dam wall.

 

 

Map

Description automatically generated

 

In terms of added protection to life and property with the raising of the Dam Wall the EIS outlines:

 

·    For a 1 in 100 chance in a year flood based on 2018 population densities, the number of homes impacted would be reduced from 7,600 to 2,500 with people to evacuate reduced from 14,000 to 5,000.

 

·    For a 1 in 500 chance in a year flood based on 2018 population densities, the number of homes impacted would be reduced from 15,500 to 5,000 with people to evacuate reduced from 90,000 to 45,000.

 

·    Based on currently permissible growth and predicted population density in 2041 for a 1 in 500 chance in a year flood homes impacted would be reduced from 26,000 to 6,100 with people to evacuate reduced from 135,000 to 53,000.

 

The Warragamba Dam Raising EIS also anticipates that it will take longer for the peak flood levels to be released downstream. For example, it suggests that the initial closing of the new Windsor Bridge would have been delayed by around half a day, and the length of the bridge closure would have been reduced by several days. A copy of the EIS is enclosed separately for the information of Councillors.

 

A summary of the project scope and diagrammatical representations of the proposed works is best summarised and outlined within Chapter 5 – Project Description of the Environmental Impact Statement, prepared by SMEC for WaterNSW dated 10 September 2021 and a copy of this chapter is attached. A Community Update on the exhibition is also attached.


 

Cost Benefit Analysis

The EIS indicates that the damages cost based on 2018 population and values would be significantly reduced by raising the dam wall as proposed from $3 billion to $0.4 billion for a 1 in 100 chance in a year flood event and $8 billion to $ 2 billion in a 1 in 500 chance in a year flood event.  It further indicates that in 2041 based on projected current permissible growth that the damages cost would reduce from $12 billion to 2.2 billion for a 1 in 500 chance in a year flood event.

 

The EIS concludes that the costs of alternative options explored including buying back all dwellings within the 1 in 100 extent and disallowing any new dwellings in the 1 in 500 extent would incur considerable costs and have major economic and social impacts. A significant cost of an alternative option of lowering the full supply level is said to be the cost to make up for lost water supply security with replacement sourced of water such as manufactured water through desalination.

 

Council’s Submission

Council Officers have reviewed the Environmental Impact Statement (EIS) and compiled a draft submission to DPIE. The review and submission focuses on the following environmental implications and matters for consideration:

 

·    The EIS shows that the Dam raising impacts evacuation in a positive way on flood extents in the floodplains with large reductions in flood extents downstream of Penrith LGA, particularly in the Richmond and Windsor areas through many of the design storm events. There are several arterial evacuation routes from the Richmond and Windsor sectors that funnel evacuees south through the Penrith LGA. It is acknowledged that a reduction in flood extents will reduce the number of residents utilising these routes therefore reducing congestion during this time. This has a compounding positive effect to flood evacuation with the increase of time allowed before roads and bridges are cut off.

However, further information is required for a better understanding of the impacts of the dam raising including:

-      Flood modelling data to support positive impacts

-      the 1% AEP Change in Peak Flood Extent Map

-      Data showing the reduction of people requiring evacuation with dam raising

-      Data related to road and bridge cut of areas during prolongation of low-level flooding due to FMZ

-      Explanation for reduction in time to cut off at Cattai Creek Road Bridge

-      Differences to low and high flood islands identified in the report when dam is raised

-      Inclusion of the Penrith CBD Floodplain Risk Management Study and Plan 2020.

 

·    The proposal will potentially result in irreversible and uncertain impacts for biodiversity which have not been adequately addressed in the EIS and it is essential that an independent review of the EIS is undertaken. A review of the current application on biodiversity grounds in isolation, suggests the proposal should not be supported.

 

·    The EIS has not adequately addressed potential impacts on water quality and the geomorphology of riparian corridors resulting from the increase in periods of inundation of the upstream catchment nor the duration of sustained flows through the river channel resulting from emptying of the Flood Mitigation Zone;

 

·    The proposal introduces significant vehicle trip generation on roads within Penrith LGA during construction. The resulting the impacts need to be more satisfactorily addressed in terms of amenity and ensuring that the condition of roads and related assets has not deteriorated post development.

 

A copy of Council’s draft submission is attached.

 

Financial Implications

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

 

Risk Implications

If Council does not provide a submission to the exhibition of the Warragamba Dam Raising, the risk is that Council’s concerns and comments will not be fully understood and considered by DPIE in assessing the proposal and by the Minister in determining the application.

 

Conclusion

Based on the review of the EIS undertaken by Council officers, Council’s draft submission concludes that the current application should not be supported given the extent of matters raised which have not been adequately addressed.

 

RECOMMENDATION

That:

1.     The information contained in the report on Warragamba Dam Raising SSI-8441 be received

2.     The draft submission attached be endorsed as Council’s submission on the application.

 

ATTACHMENTS/APPENDICES

1.

Council's Draft Submission

14 Pages

Attachments Included

2.

Community Update on Exhibition

2 Pages

Attachments Included

3.

Review Outcomes by Floodplain and Stormwater Management - Warragamba Dam SSD

36 Pages

Attachments Included

  


Ordinary Meeting                                                                                         22 November 2021

 

 

 

2

Re-exhibition of Draft Mamre Precinct Development Contributions Plan   

 

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 services, facilitates and infrastructure meet the needs of a growing population through the contributions framework

 

Previous Items:           2- Mamre Precinct Development Contributions Plans and s7.12 Plan for Non-Residential Development- Councillor Briefing- 18 Oct 2021 7:00PM

                                      6- Draft Mamre Road Development Contributions Plan- Ordinary Meeting- 26 Oct 2020 7:00PM

                                      3- Development Contributions Plan for the Aerotropolis- Councillor Briefing- 17 Aug 2020 7:00PM    

 

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

Executive Summary

Council resolved at its Ordinary Meeting of 26 October 2020 to exhibit the Draft Mamre Precinct s7.11 Development Contributions Plan (Mamre Precinct CP). The Mamre Precinct CP was publicly exhibited during 19 November 2020 to 17 December 2020.

In the period since the exhibition, a significant change to the quantum of contributions in respect to land values (50%) and construction costs (23%, plus design and contingency) has been experienced and these costs differ from the exhibited plan. In addition, amendments to the plan are required in respect to the road network and trunk drainage system, for consistency with the Mamre Precinct Development Control Plan (DCP), which has been prepared by the Department of Planning, Industry and Environment (DPIE). Lastly, an amendment is also required to address a shortfall in the Mamre Precinct CP, created through a consent being issued to one State Significant Development (SSD) application ahead of the finalising the Mamre Precinct CP.

Due the significance of these changes, the Mamre Precinct CP is required to re-exhibited before the plan can be considered for final endorsement by Council. Councillors have previously been briefed on the Mamre Precinct CP at its briefings of 17 August 2020 and 18 October 2021. A Councillor memo dated 23 March 2021 was provided, summarising the submissions received during the exhibition of the Mamre Precinct CP. A further Councillor memo dated 25 October 2021 was provided, advising of a shortfall in the Mamre Precinct CP.

The purpose of this report is to seek Council’s endorsement for the re-exhibition of the draft Mamre Precinct CP. Whilst it was intended to finalise and adopt the plan as exhibited, the significant material changes to the draft plan require re-exhibition.

 

Background

The Mamre Road Precinct (the precinct) is located within the Western Sydney Employment Area (WSEA) and the Western Sydney Aerotropolis. The Western Sydney Aerotropolis Plan (WSAP) identified the intended planning outcomes for the precinct as a warehousing and logistics precinct, as it is connected to the proposed Western Sydney Freight Line, affected by aircraft noise and is not suitable for noise sensitive land uses. In June 2020, land within the Mamre Road Precinct was rezoned and this resulted in approximately 850 hectares of industrial land which could provide about 5,200 construction jobs and 17,000 ongoing jobs when fully developed.

 

To support the rezoning and future development outcomes of the precinct, a DCP has been prepared and exhibited by DPIE. The DCP provides detailed design controls and the intended infrastructure servicing for the precinct, including road hierarchy, drainage and stormwater detention. The draft DCP has enabled Council to develop a Section 7.11 development contributions plan.

 

At the Ordinary Meeting of 26 October 2020, Council considered a report on the draft Mamre Precinct CP and endorsed the draft Plan for public exhibition, also recommending that a further report be provided to Council on the submissions received during the exhibition period.

 

Status of Planning & Development in Mamre Precinct

 

There is currently a large amount of developer interest in the Mamre Road Precinct. Presently there are 11 State Significant Development (SSD) applications lodged with DPIE for industrial and warehouse development in the precinct, with a further 4 applications imminent. Council staff have been actively engaging with developers and landowners regarding infrastructure delivery.

 

To date, one SSD has been determined by DPIE, with 1-2 other determinations pending the formalisation of the DCP and contributions framework for the precinct. Council has been unable to finalise the Mamre Precinct CP, until all the required inputs from the DCP have been determined from DPIE. A number of outstanding items have prevented the finalisation of the Mamre Precinct CP, including stormwater and road matters.

 

It is critical that Council continues to work towards the finalisation of the contributions framework for the Mamre Precinct to provide certainty for development in respect to infrastructure provision and development contributions.

 

Removal of Citywide s7.12 Plan

 

At Councils Ordinary meeting of 25 October 2021, Council resolved to adopt amendments to the Penrith Citywide Section 7.12 Development Contribution Plan (Citywide s7.12 Plan) to remove the Plan from applying to the Aerotropolis Precinct and Mamre Precinct. The Citywide s7.12 Plan did not reflect or collect the local infrastructure required of these precincts. A precinct specific contributions plan, such as the draft Mamre Precinct CP is a more appropriate mechanisms to secure local infrastructure that accurately reflects the actual infrastructure needs of specific precincts.

 

Clause 270 of the Environmental Planning and Assessment Regulations 2000 (The Regulations) applies to the Mamre Precinct. This clause seeks to prevent the approval of development (both DAs and SSDs) unless a contributions plan has been approved for the land to which the application relates, or a Planning Agreement has been entered into for the delivery of infrastructure that may be the subject of a contributions plan.

 

This clause is currently applicable until such time as the Mamre Precinct CP is approved for the land. The clause enables the negotiation of planning agreements to realise the required infrastructure to service the precinct. The re-exhibited Mamre Precinct CP will provide a clear base for any negotiations to be based on until such time as the plan is adopted.

Proposed Amendments

At time of writing this report, the DCP for the precinct, prepared by DPIE,  has not been made, but it is in its final stages, enabling Council to finalise work on the draft Mamre Precinct CP. As a result of the updated DCP, submissions and updated costings, a number of amendments to the draft Mamre Precinct CP are required. These are detailed below:

Roads/Intersections

Traffic modelling has now been completed by DPIE and incorporated into the final DCP. The Mamre Precinct CP has been updated to reflect the DCP, to ensure nexus between the plans. This has resulted in:

·    The removal of a collector road.

·    Small reductions in the extent of a number of collector roads.

·    Introduction of signalised intersections on Aldington and Abbotts Roads.

·    A reduction in the number of roundabouts proposed.

·    The width of the road reserve for the distributor roads (Aldington and Abbotts Roads) confirmed at 30.6m.

Trunk Drainage

It is proposed to remove trunk drainage from the Mamre Precinct CP. The updated drainage requirements of the DCP make its unsuitable at this time to include, as the exact form, extent and location is to be considered on a site-by-site basis under the DCP. At this time a regional approach has not been finalised for stormwater, therefore limiting the nexus for this drainage to be incorporated into the Mamre Precinct CP.

It is noted that should an integrated regional stormwater approach be required in the future, the DCP has provisions to accommodate this outcome, however Council will not be in a position to be the regional stormwater authority, and an alternate solution is required.

Land Values and Cost of Construction

Since the drafting of the Mamre Precinct CP in October 2020, land values have continued to rise in the precinct. The cost of land has increased from $400sqm to $600sqm, based on research undertaken by Councils Property Team. This increase is in response to the high demand for land within the precinct. This increase cannot be accounted for through CPI (Consumer Price Index) or EHPI (Established House Price Index).

The cost of road construction for collector roads has also increased from $4,849sqm to $8,460sqm, based on two factors. The general cost of construction has increased beyond CPI, as there has been a substantial increase in the cost of raw materials. In addition the costs now include provisions for design and contingency. The addition of these costs are considered necessary, as there are no detailed designs to rely upon, and unforeseen matters, such as contamination or additional fill may arise during planning and construction phase. This is consistent with IPART recommendations of a 30% contingency, where only a strategic design has been undertaken. The inclusion of a contingency reduces Council’s risk of a future shortfall in the plan where the costs are not based on a detailed design.

It is noted that more detailed costings for the distributor roads (Aldington and Abbotts Roads) were undertaken, based on a detailed design, commissioned by DPIE.

The land and works cost increased need to be accounted for in the contributions plan, to ensure Council does not experience a shortfall in contributions.

Application of the Plan

The approval of SSD 9522 at 657-769 Mamre Road, Kemps Creek by DPIE included a condition relating to Citywide s7.12 Plan. Despite that the roads and drainage conditioned as part of the approval, contributions were not paid towards the open space to be acquired through the future Mamre Precinct CP. The payment of contributions under the Citywide s7.12 Plan by the proponent, is substantially inadequate to cover the cost of acquiring the land for open space that is apportioned to that site.

This has now left the Mamre Precinct CP with a shortfall. Council was advised of this shortfall in a memo dated 25 October 2021, which related to land for open space acquisition. Due to the subsequent increase in land values in the precinct, this shortfall is likely to increase.

Council's fiscal obligations require this shortfall to be rectified to enable the identified local infrastructure to be delivered for the precinct. The proposed resolution for this shortfall is to remove this site from the draft Plan. This would require parties to negotiate a planning agreement under cl 270 of the Environmental Planning and Assessment Regulations 2000, where the matter could be resolved.

The landowner has been informed on this proposed amendment and have communicated to Council that they seek to remain within the contributions plan. It is proposed to continue to remove the site from the Mamre Precinct CP in order to manage the shortfall.

Other Technical Changes

Clarification on the calculation of net developable area (NDA) has been incorporated into the draft plan for clarity as a result of submissions received and removal of the abovementioned site from the Mamre Precinct CP.

 

Requirement for Re-Exhibition

The Environmental Planning and Assessment Act, 1979 (The Act) and the Environmental Planning and Assessment Regulations, 2000 (The Regulations) set out requirements for the preparation, exhibition and making of development contributions plans. This is further assisted by the Development Contributions Practice Note (July 2005). The practice note states “Where there are likely to be significant changes to the quantum of the contributions or the manner in which they are set in the draft plan, council should consider the need for exhibition of these amendments.”

While there is no specific case law in respect to the re-exhibition of development contributions plans, several cases have considered similar provisions under The Act and The Regulations in relation to the re-exhibition of local environmental plans, regional environmental plans, and development control plans.

Case law principles on this matter requires Council to establish whether the amendments to the Contributions Plan, considered in their totality, can be characterised as a product of the public exhibition process, that was undertaken in November 2020. The proposed amendments, whether considered individually or in their totality, alter the character of the plan and therefore require exhibition. This is due to:

·    Significant changes to the contributions rates, as a result of land value and works costs increases. These increases cannot be explained by changes to the CPI or EHPI.

·    Removal of a category of infrastructure (trunk drainage).

·    Removal of the plan from being applicable to 657-769 Mamre Road, Kemps Creek.

In light of the above, it is proposed to re-exhibit the plan.

 

Public Exhibition and Submissions

The draft contributions plan was publicly exhibited from 19 November 2020 to 17 December 2020. The public exhibition was undertaken in accordance with the Environmental Planning & Assessment Act, 1979 (‘The Act’) requirements. The draft Mamre Precinct CP was made available for the public to view on Council’s Your Say page, accessed via Council’s website. The exhibition was advertised on Council’s social media pages and on Council web pages. The draft plan was also available on the Planning Portal. The draft plan was also advertised in the Western Weekender newspaper.

 

A total of 14 submissions were received during the exhibition period from a range of property owners and development firms, including the Mamre Road landowners' group. Sydney Water also made a submission. A summary of the submissions was provided to Council in memo dated 23 March 2021. The submissions commented on a range of matters including the costs of the plan, proposed road network, drainage, open space, transitional arrangements and works in kind. All submissions are proposed to be formally reported to Council after the re-exhibition of the Plan, however a summary of the key submission issues are presented below:

 

Issue

Response

Road Network

·    Not all collector roads should be fully funded by the plan.

·    Distributor and collector roads should be developer funded and excluded from the plan as they are considered inefficient and land owners should be able to propose more efficient networks.

·    The cost for collector roads should only be the ‘extra over cost’ to a local industrial road.

·    There is a lack of justification of which roads are within the plan and those that are to be funded privately.

 

The precinct comprises land with fragmented land ownership. The orderly and efficient development of land may be impeded by some owners with longer timeframes for their developments. While it is likely that collector roads will be provided by adjacent developments as works in kind, there will likely be instances where the council may have to provide lead-in collector roads in order to open up development sites. Council has therefore included all collector roads costs in the plan. Council would not be able to provide the infrastructure if only ''extra over" costs are included in the plan

 

The road network and hierarchy has been informed by detailed transport network modelling which has been verified by DPIE and approved by TfNSW. This road network and hierarchy has been directly applied in the assignment of the collector roads in the contributions plan.

 

In addition, IPART provides the following advice in its Inclusion of roads in contributions plans fact sheet dated 18/4/19:

Councils should secure the delivery of local and collector roads through conditions of development consent, where possible.

Where it is not possible or practical to secure the delivery of a local or collector road (or segment of road) through conditions of development consent, there may be a case for including the road in the plan. This may be the case when:

•     the road or half-road fronts public or non-developable land

•     the road serves a critical role in the transport network

•     the road is required to lead or facilitate development

•     it is not practical for an individual developer to provide the road, and/or

•     there is fragmented ownership of adjoining land.

 

Definition of Net developable Area

·    Concern with the definition of Net Developable Area and how it relates to proposed roads. Shouldn’t include the half width of any existing or proposed roads.

·    Land to be acquired for new roads should be excluded from the calculation of NDA.

·    Council to ensure consistency between background report and 7.11 plan in respect to NDA.

Only existing roads that are to remain in service, and any SIC or s7.11 funded roads or road widenings are excluded from NDA calculation. All road land acquisition has been identified in the plan and has been excluded from the NDA.

 

New roads that are not covered by s7.11 or SIC will be constructed on developable land. It is not possible to accurately quantify the full extent and area of the local subdivision roads, as this is determined on a DA by DA basis.

 

The Mamre Precinct CP to be re-exhibited has been amended to provide more clarity in respect to this matter.

Alignment with DCP and final traffic modelling

·    The draft Plan and DCP must reflect the results of the transport modelling. The final 7.11 Plan should not be made until this modelling is finalised.

The Mamre Precinct CP to be re-exhibited has been amended to reflect the results of updated traffic modelling and road network, prepared by DPIE and the resultant requirements of the DCP.

Trunk drainage

·    Should not be included in the plan.

·    Drainage channel widths may vary between sites and are difficult to include in plan for the purposes of works in kind.

·    Should be provided by other methods.

Stormwater is proposed to be removed from the Mamre Precinct CP as there is limited nexus for its inclusion in the plan, and no established regional stormwater solution available at this time.

Costs

·    The plan is an increase in contributions compared to the existing Citywide s7.12 plan applicable to the precinct. This will have an impact on the costs and feasibility of development.

·    The infrastructure requirements of this precinct, along with the Aerotropolis are in excess of comparable sites in the metro area and nationally.

·    The costing for Aldington/Abbotts Road should only be based on the width required to facilitate the upgrade.

·    Costings in the IDC Mamre Road Development Contributions Plan 2020 – Background Report required further review as to their accuracy prior to being adopted.

·    Costings of the roads should be revised in the event road corridors are refined in the DCP.

·    The Citywide s7.12 Plan does not deliver infrastructure suitable for greenfield release areas, such as Mamre Rd Precinct. The Mamre Precinct CP has been prepared to deliver infrastructure that is needed to specifically support the precinct.

·    All the infrastructure proposed in the Mamre Precinct CP is consistent with the DCP and WSEA SEPP. It represents infrastructure essential to the delivery of a greenfield release area and good planning practice.

·    The existing Aldington Road reserve is of a rural standard and considered appropriate for heavy vehicles. The Mamre Precinct CP has therefore included full reconstruction of the Aldington Road carriageway (including drainage and utilities).

·    Costings have been reviewed and updated with the best available information.

·    The Mamre Precinct CP has been revised to be consistent with the updated traffic modelling and road network undertaken by DPIE.

Infrastructure and Costings

A copy of the updated Mamre Precinct CP and supporting background report are provided in Attachment 1 and 2. A summary of the required infrastructure for the Precinct is provided below:

 

Type

Deliverables

Roads

·    As mapped by DPIE including:

·    13 km of collector and distributor roads

·    4 Signalised intersections

·    6 roundabouts

Open space and recreation

 (Council acquisition authority in WSEA)

·    282,083m2 zoned RE1 land

·    Site works/turfing

·    Tree planting

·    5 Outdoor fitness stations

 

Costs have been revised for land and works and the contribution rate per net developable area (NDA) have been determined, as outlined in the table below:

 

Infrastructure

Cost

Roads

$123,612,745

Open space & recreation

$20,904,288

Land (roads and open space)

$293,359,300

Total rate (inc. plan admin 1.5%)

$606,666 per hectare

 

Amendments Impacting Plan Costs

 

Overall, the cost of the Mamre Precinct CP has decreased from the previously exhibited plan by approximately $90,000. This is primarily due to the removal of trunk drainage. However, costs have increased in other areas.

 

Re-exhibition

 

In accordance with the Environmental Planning & Assessment Act, 1979 and Regulations, the Mamre Precinct CP is required to be publicly exhibited. Due to the urgency of finalising the Mamre Precinct CP, it is proposed to exhibit across the Christmas break, with submissions due in mid-January. This will provide more than the minimum 28 days for stakeholders to provide a submission.

 

The plan would be advertised through Councils website, the Western Weekender newspaper and Councils social media pages.

We will seek to work with key stakeholders such as landowners, DPIE, WSPP and other state agencies throughout the exhibition period to receive their feedback. Industry associations such as UDIA and Property Council will also be notified.

Financial Implications

Due to the significant changes the Mamre Precinct CP is now required to be re-exhibited. Funding for the costs associated with re-exhibition of the Plan are available within existing budgets in the 2021-22 Operational Plan.

Re-exhibiting the Mamre Precinct CP will provide a mechanism for development to be approved enabling Council to receive developer contributions and deliver the necessary infrastructure required for this Precinct, as well as minimising funding shortfalls as already experienced with the advanced approval of development at 657-769 Mamre Road, Kemps Creek.

Once this plan has been exhibited and finalised, this income will be factored into the current operational budgets and made available to fund the implementation of infrastructure as set out in the Mamre Precinct CP.

Risk Implications

This report has identified a number of risks associated with the preparation and finalisation of the Mamre Precinct CP and a way to mitigate these risks are provided in this report.

Significant amendments are required to the Mamre Precinct CP, including increases in costs and changes resulting from the final DCP. It is proposed to re-exhibit the Mamre Precinct CP to ensure Council is not impacted by a future shortfall in contributions, and that the plan is made consistent with the Act and Regulations.

The shortfall in contributions experienced by the advanced approval of development at 657-769 Mamre Road, Kemps Creek is being resolved through the removal of the site from the plan.

Until the Mamre Precinct CP is adopted by Council, cl 270 of the Regulations prevents the approval of future development unless a contributions plan applies to the Mamre Precinct or that a planning agreement has been entered into. This will ensure that Council will reduce any potential shortfall in development contributions.

Conclusion

The rezoning of Mamre Road Precinct in WSEA has led to a significant amount of local infrastructure needing to be delivered in order to support employment related growth. In order to deliver this infrastructure, the Mamre Precinct s7.11 Development Contributions Plan was prepared. We have sought to work collaboratively with DPIE to have a contributions plan in place as close as possible to the DCP being made to enable development consent to be issued.

The Mamre Precinct CP was previously exhibited 19 November 2020 to 17 December 2020, however due to a number of significant amendments required to the Mamre Precinct CP, it is sought that the plan is re-exhibited.

It is proposed that Council publicly exhibit the amended Mamre Precinct CP in accordance with the requirements of the Act and Regulations. A further report would be presented to Council after the exhibition to assess any submissions received.

 

RECOMMENDATION

That:

1.     The information contained in the report on Re-exhibition of Draft Mamre Precinct Development Contributions Plan be received.

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

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

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

 

ATTACHMENTS/APPENDICES

1.

Background Report- Mamre Precinct Contributions Plan

29 Pages

Attachments Included

2.

Draft Mamre Precinct Contributions Plan

26 Pages

Attachments Included

  


Ordinary Meeting                                                                                         22 November 2021

 

 

 

3

Submission on amendments to SEPP (Western Sydney Aerotropolis), Open Space Needs Study, Draft Aerotropolis DCP Phase 2 and Luddenham Village - Discussion Paper   

 

Compiled by:               Glen Weekley, Executive Planner

Authorised by:            Natasha Borgia, City Planning Manager

Kylie Powell, Director - City Futures  

 

Outcome

We plan for our future growth

Strategy

Protect the City’s natural areas, heritage and character

Service Activity

Influence state planning policies and legislation to ensure it responds to our land use vision and the needs of our community

 

Previous Items:           Exhibition of amendment to SEPP (Western Sydney Aerotropolis), Aerotropolis DCP Phase 2 and Luddenham Village Plan - Vision document - Councillor Briefing - 20 Sep 2021

                                      Exhibition of amendment to SEPP (Western Sydney Aerotropolis, Open Space Needs Study, Aerotropolis DCP Phase 2 and Luddenham Village - Discussion Paper - Councillor Briefing - 18 Oct 2021    

 

Executive Summary

Following the exhibition of the draft Aerotropolis Precinct Plan, the NSW Department of Planning, Industry and Environment (DPIE) has exhibited the proposed Explanation of Intended Effects (EIE) for the amendment to State Environmental Planning Policies relating to the Western Sydney Aerotropolis, the Open Space Needs Study, Draft Aerotropolis Development Control Plan (DCP) Phase 2 and the Luddenham Village Discussion Paper, prepared by the Western Sydney Planning Partnership (WSPP).

These documents were released on Friday 8 October 2021 for public exhibition until 5 November 2021. Memos were sent to Councillors notifying them of the exhibition on 1 October 2021 and 8 October 2021. Councillors were briefed on these documents at the Councillor briefings of 20 September, and again on 18 October 2021, where a presentation was provided by DPIE and on 1 November 2021, where Councillors were presented with Council officer’s preliminary views.

We sent a joint letter with Liverpool City Council to DPIE on 30 September requesting exhibition be delayed due to several outstanding matters that needed to be resolved ahead of the exhibition of the Aerotropolis Planning Package. We also requested an extension to the submission period which was not granted. Council were advised of this via a memo dated 1 November 2021. A draft submission was submitted on 5 November to DPIE to achieve the submission deadline, noting that an endorsed submission would not be able to be forwarded to DPIE until after this Council meeting.

Whilst there are several outstanding matters that need to be resolved before the planning package for Western Sydney Aerotropolis is finalised, a considerable amount of work has been undertaken by Council Officers and staff from the WSPP and DPIE to prepare the documents. The exhibited documents highlight the aspirational nature of the planning for Aerotropolis that is required to deliver the vision for the Aerotropolis and the Western Parkland City.

 

The purpose of this report is to seek Council’s endorsement of the final submission to the DPIE on the proposed EIE for the amendment to several State Environmental Planning Policies relating to the Western Sydney Aerotropolis, the Open Space Needs Study, Draft Aerotropolis DCP Phase 2 and the Luddenham Village Discussion Paper.

Background

Explanation of Intended Effects (EIE)

The EIE provides an overview and background into the proposed amendments to State Environmental Planning Policies (SEPPs) relating to the Western Sydney Aerotropolis (the Aerotropolis).

As required under section 3.30 of the Environmental Planning and Assessment Act 1979, the EIE explains the intended effects of the proposed amendments to three key SEPPs relevant to the Aerotropolis. The SEPPs proposed to be amended are the State Environmental Planning Policy (Western Sydney Aerotropolis) 2020, State Environmental Planning Policy (Western Sydney Employment Area) 2009 and State Environmental Planning Policy (State and Regional Development) 2011.

Open Space Needs Study

This study identifies the revised amount and location of open space for the initial precincts and has been used to prepare the amended Land Reservation Acquisition Map in the EIE for the Aerotropolis SEPP.

The Study outlines how open space is prioritised to serve a variety of purposes including waking and cycling, water cycle management, scenic and cultural connections.

Draft Aerotropolis DCP Phase 2

The DCP establishes, objectives, performance outcomes and benchmark solutions for all development types envisaged within the Aerotropolis. The DCP is a detailed technical guide for the lodgement and assessment of Development Applications.

Luddenham Village Discussion Paper

The Luddenham Village discussion paper contains 4 land use scenarios to let the community assess which option or combination options provides for a viable Luddenham Village.

The outcomes of the exhibition of the discussion paper will inform the preparation on the Luddenham Village Plan. The Luddenham Village Plan will then inform amendments to the final Agribusiness Precinct Plan and the Aerotropolis Development Control Plan Phase 2.

Current Situation

Western Sydney Aerotropolis Planning Documents on exhibition

The documents placed on exhibition by the Planning Partnership include:

·    Explanation of Intended Effects (EIE) of amendment to SEPP (Western Sydney Aerotropolis) 2020, SEPP (Western Sydney Employment Area) 2011 and SEPP (State and Regional Development)2009

·    Open Space Needs Study

·    Draft Aerotropolis Development Control Plan Phase 2

·    Luddenham Village Discussion Paper

 

Explanation of Intended Effects

The following issues have been raised in our submission on the amendments to the SEPPs:

 

1.   Land Zoning and Land Reservation Acquisition Map

 

In the absence of the RE1 Public Recreation zone, the land identified for acquisition for publicly accessible open space should be zoned as SP2 Local Open Space and SP2 Regional Open Space. Land earmarked for open space provision should be clearly identifiable on the Land Use Zoning map of the Aerotropolis SEPP. We do not support the land being zoned Agribusiness, Enterprise or Mixed Use, if the intention is for this land to be used for publicly accessible open space.

 

We support land required for stormwater infrastructure being zoned SP2 Stormwater Infrastructure. This is the practice elsewhere is New South Wales. As with our comments relating to the open space, land identified for stormwater infrastructure should be clearly identifiable on the Land Use Zoning map of the Aerotropolis SEPP. We do not support the land being zoned Agribusiness, Enterprise or Mixed Use, or the use of overlays, if the intention is for this land to be used as stormwater infrastructure.

 

Due to the revision of the open space network, there are several parcels of land in the Northern Gateway Precinct that were previously identified as open space in the Aerotropolis Precinct Plan, and that are zoned Enterprise, that do not meet the minimum block size control of 150m x 150m of the Aerotropolis Precinct Plan due to the location of stormwater infrastructure. We believe these parcels will not be able to be developed and the adjoining SP2 Stormwater Infrastructure Zone and the Land Reservation Acquisition affectation should also apply to these parcels of lands.

 

2.   Changes to the eastern boundary of Wianamatta-South Creek Precinct and application of the Aerotropolis SEPP

 

The EIE does not provide an explanation as to why land located on the northern side of Elizabeth Drive and located in the eastern boundary of Wianamatta-South Creek Precinct and located in the Penrith LGA, is not included in the proposed amendment.

 

3.   Acquisition of Publicly Accessible Open Space

 

Parcels of open space identified to be acquired by Council as local open space in the Northern Gateway Precinct are identified as Hilltop parks. These parks have been identified to provide opportunities for views and connection to Country. However, due to the topography of the land, the overall benefit of the open space to the broader community is reduced.​ It is unlikely that sporting facilities will be able to be located on this open space.

 

A further review of the open space in the Northern Gateway Precinct needs to be undertaken to ensure any land identified for local open space meets the needs of the community. A new location, on more accessible land, needs to be identified within the Northern Gateway Precinct that provides Council with the ability to provide a broad range of recreational activities for the community, including sporting facilities. The existing Hilltop Parks should be reclassified as regional open space delivered through State Infrastructure Contributions.

 

4.   Acquisition of land for stormwater infrastructure

 

We support, in principle, the concept of a fully integrated water, wastewater, recycled water and trunk stormwater system in the Aerotropolis and acknowledge that the most effective way of achieving this is if the control of all aspects of the system resides with a single entity.

 

Unfortunately, significant uncertainty remains about the implementation and operating arrangements and their consequential implications for our Council. The uncertainty over what authority will become the regional stormwater authority makes it difficult for Council to support the amount of land being identified for acquisition. It is also unclear what land Council will likely need to acquire to support the function and operation of an integrated stormwater approach.

 

Key concerns include:

·    The recent proposal for Council to acquire land adjacent to stormwater infrastructure was not included in the exhibited EIE. Council has not been able to determine the suitability of this proposal from a useability and affordability perspective.

·    We do not support the management of stormwater basins by one authority and the management of adjacent land by another as this has the potential to create significant issues for the management and maintenance of open space and stormwater assets.

·    As stormwater infrastructure forms part of the open space network, it is critical that this land is managed by one authority to ensure the land also functions and a key recreational asset that is accessible to the community.

·    Separating the ownership of stormwater infrastructure will also require two authorities to negotiate the acquisition of land, which is not the best outcome for the landowner and increases the cost of acquisition as legal fees double.

·    In the absence of a stormwater strategy that deals with both water quality and quantity, we can’t be certain that there is sufficient land allocated to address stormwater.

·    There are assets located below the 1:100 which is inconsistent with Council policy.

·    Uncertainty about asset scope means uncertainty about capital and operating expenditure – this creates a significant financial risk for Council.

·    Uncertainty about what infrastructure Council will be able to recover through developer contributions – this creates potentially both a financial and legal risk.

·    As a stormwater authority has yet to be determined there is a lack of clarity what the total development charges are going to be.

·    It is not clear whether there is an expectation from a regional entity that it will access some of the Council revenue streams arising in the Aerotropolis e.g., rates or stormwater management charges.

 

5.   Enabling previously permissible use

 

The principle of acknowledging previously permitted land uses is supported, where this does not hinder the delivery of the vision for the Aerotropolis.

 

However, the criteria proposed to limit the uses of previously permitted land uses need to demonstrate that key strategic sites will be sufficiently protected from previously permitted uses.

 

This could be achieved through the inclusion of an additional clause that is linked to the key sites map that identifies key strategic sites where previous permitted land uses would not apply.

 

6.   Connection to Country

 

Whilst we support the introduction of the Connection to County guidelines, we are concerned that the requirements are unclear and do not provide the guidance required to allow proponent to prepare a DA or Council to assess a DA. The proposed wording “duly considered” could also lead to differences in interpretation between assessing officers and applicants.

 

7.   Making and amending a Precinct Plan

 

The proposed new clause will, on defined matters, require referral of a draft precinct plan to the Western Parkland City Authority and have regard to any comments received from the WPCA, prior to the Minister for Planning and Public Spaces approving a Precinct Plan.

 

The language used in the EIE is not clear on the weight that comments from the Western Sydney Parkland Authority will carry, due to this we have serious concerns with this proposal, as the Western Sydney Parkland Authority currently are functioning as a developer. It is inappropriate to be giving an Authority that is functioning as a developer this level of input into amendments to the precinct plan.

 

8.   Amending a Precinct Plan

 

Whilst we support the expansion of the number of property owners that will be able to utilise the Master Planning Pathways to amend the precinct plan, the EIE does not discuss how minor amendments to address justifiable inconsistency will be undertaken.

 

The Master Planning Pathway (in the absence of these being release) still could be considered overly onerous for smaller landowners that are seeking a minor, but justifiable amendment to the precinct plan. Landowners within the Aerotropolis should have the same right as a landowner outside of the Aerotropolis to seek minor but justifiable amendments to the planning controls that apply to the land.

 

As the Aerotropolis Precinct Plan has statutory weight under the Aerotropolis SEPP, the revised Aerotropolis Precinct Plan should have been included in the exhibition package to allow landowners and other stakeholders, such as Councillors, to comment on the proposed amendments.

 

9.   Making and amending a master plan with requirement to be consistent with an adopted Precinct Plan

 

This clause could be considered overly onerous due to the requirement to achieve a better planning outcome for the Master Plan site, surrounding land and the broader Aerotropolis and it could be interpreted that the State Government is discouraging amendments to the Precinct. We strongly believe that any amendment to the precinct plan should be required to:

·    justify any inconsistency with the precinct plan,

·    be consistent with the overarching principles of the precinct plan, and

·    clearly demonstrate that it does not impact on surrounding landowners’ ability to develop their land.

 

However, having to demonstrate that the masterplan achieves a better planning outcome for the site, surrounding landowners and the broader Aerotropolis could be unachievable and could place a significant cost and time burden on an applicant.

 

10. Additional permitted use of dwelling houses for Sydney Science Park

 

We are still unclear on the outcomes for Sydney Science Park (SSP). Evidence should support the statement regarding low density outside of the 1.2km to ensure that there is clarity for other landowners in the Aerotropolis on why this is unique to SSP.

 

There is still uncertainty surrounding the relationship of low-density development, the employment (science and research) and educational land uses that underpinned Council’s support for SSP and Sydney Metro’s need to activate the Metro Station through significant housing densities around the Station.

 

There is no discussion in the EIE on other controls such as the dwelling cap or non-residential floor space triggers and no discussion what Sydney Metro considers are appropriate residential densities around the Metro Station.

 

11. Additional permitted uses and boundary change for Luddenham Village

 

We support the principle of allowing additional permitted uses and expanding the boundary of Luddenham Village to promote the sustainability of Luddenham Village. However, the timing of the amendment to the Aerotropolis SEPP needs to coincide with the associated 

amendments to the Aerotropolis Precinct Plan, Aerotropolis DCP Phase 2 and the Aerotropolis Contributions Plan that will follow the finalisation of the Luddenham Village Plan. 

 

A full package of planning controls needs be presented to both Council and the community, to allow us to determine the suitability of the controls to deliver a sustainable future for Luddenham Village.

 

12. Master Planning Guidelines

 

The critical detail that will allow Council to determine the suitability of a some of the key amendments proposed in the EIE is contained in the Master Planning Guidelines. However, the Master Planning Guidelines are yet to be released.

 

The Master Planning Guidelines are a critical component of the planning package for the Aerotropolis as they appear to be providing the detail of how an amendment to the Precinct Plan will be undertaken. The guidelines should be exhibited in conjunction with the EIE to allow Council and Industry to provide critical comment on the process to amend a precinct plan.

 

The absence of the Guidelines makes it difficult for Council to support the finalisation of the planning package for the Aerotropolis.

 

Open Space Needs Study

Issues raised in our submission on the Open Space Needs Study include:​

·    In the Northern Gateway Precinct, parts of lots will be undevelopable due to the configuration of the stormwater infrastructure. The undevelopable part of the lot needs to be included as part of the stormwater infrastructure and the study updated to reflect the change.

·    Sporting facilities may not be able to be provided on the local open space in the Northern Gateway Precinct due to the topography of the land. The parcels of open space are identified as Hilltop parks providing opportunities for views and connection to Country, however due to the topography of the land, the overall benefit of the open space to the broader community may be reduced.​

Draft Aerotropolis DCP Phase 2

The following issues are raised in our submission on the Draft Aerotropolis DCP Phase 2:

General

·    Council has on numerous occasions requested that the DCP controls be tested to ensure they can deliver on the intended outcomes and objectives. This has still not been undertaken to date.

·    That many of the issues outlined in our submission have been raised repeatedly and not addressed.

·    The DCP in its current format is unusable for both applicant and assessors, as Performance Outcomes and Benchmark Controls are filtered throughout the document instead of being in a relevant chapter, making it very easy for the reader to miss important controls. Off key concern is the filtering of the minimal subdivision controls throughout the DCP.  

·    Performance Outcomes and Benchmark solutions are not direct and are open to interpretation. This could create differences in interpretation between assessment officers and applicants and could lead to increased processing times for Development Application.  

·    There are several duplicate controls that conflict with other similar controls.  

·    The DCP lacks important subdivision controls, especially for agribusiness, industrial and bulky goods development, and appears only to contain maximum block controls as the primary subdivision control and some setback controls from key roads. There needs to be controls for minimum lot size, lot dimensions, lot orientation and earthworks treatments for the different types of development envisaged in the Aerotropolis.

·    The DCP does not contain controls to address the interface between residential development and industrial development in Sydney Science Park and Twin Creeks, and agribusiness development in Luddenham Village.

·    The DCP does not contain controls for detached dwellings, dual occupancies/attached dwellings or secondary dwellings that the EIE is proposing for SSP and potentially Luddenham Village.

·    Many of the links to associated Guidelines or Technical Studies do not work. Some of the links are to Australian Standards which require a subscription. Many users would not be able to access this critical information.

 

Stormwater and Flooding

·      Clarification of the status of draft Integrated Water Management Plan (Draft Stormwater and Water Cycle Management Study Interim Report) (Sydney Water, 2020) is required given the report is referenced in the DCP.  

·      Clarification and additional details are still required on the regional stormwater management approach which is proposed in the DCP and supporting Water Cycle Study. There are still several details regarding timing of delivery, acquisition, funding, roles and responsibilities / governance, which are required to be worked through and resolved before council can support the inclusion of this approach in the DCP. 

·      Details need to be provided to enable developers to comply with the new targets while transitioning to the regional approach (i.e., they would have to provide measures on part of their lot until they can connect to any future regional system).  

·      The DPIE Environment, Energy and Science Toolkit and Technical Guide to assist designers demonstrate compliance with the controls (for the Aerotropolis Precincts) is yet to be finalised. This document needs to be finalised prior to the finalisation of the DCP as Council and other stakeholders need to be able to assess the suitability of the Toolkit and Technical Guide to determine if it assists to demonstrate compliance with the controls. 

·      Technical design guidance needs to be developed for passively irrigated trees and other vegetated stormwater treatment measures identified in the DCP. It will be important that design is done to the satisfaction of the future asset manager (e.g., Council) and they are fit for purpose. It should also be noted that the passively irrigated street trees proposed will have potential financial burdens that need to be considered for future management.  

·      In the case the regional stormwater management approach is to be implemented, we are of the view that additional details about the minimum requirements for WSUD measures on-lot (i.e., closer to the development) also need to be included. Stormwater strategies should not solely rely on regional basins for stormwater management, and some WSUD measures should be required within the development footprint due to the multiple benefits they can provide (e.g., landscaping, cooling, provision of shade). 

·      The DCP does not address the new LEP flood controls in S5.21 – In particular, regional flood evacuation and climate change 2C and 3A. The objectives do not align with the new LEP flood controls. (S5.21 of the LEP). Flood related development controls within the Aerotropolis need to be the same as controls that apply to other land in the Penrith LGA. 

·      The DCP does not contain development controls for minimum floor levels for industrial and commercial development or other flood related development controls. 

·      The DCP does not contain controls for filling. 

·      Permeable pavement controls are not supported due to the clay-based soil structure. Permeable pavement could lead to Acid Sulphate soils. 

 

Movement Network, Traffic and Transport 

·      Council’s preference is for the future road hierarchy and road layout to be included in the DCP, not in the Precinct Plan, as this is a key consideration for determining the future subdivision patterns.  

·      The DCP requires the submission of a Travel Plan for certain developments. However, council has no mechanism to enforce or influence the implementation of the Travel Plan. We question the relevance of including the need to submit a Travel Plan if there is no mechanism to enforce the Travel Plan. 

·      The DCP requires the submission of a Travel Plan for commercial and industrial development of 3000m2 or greater. However, there is a vast difference in traffic and trip generation from a 3000m2 commercial development to a 3000m2 industrial development. Industrial development needs to be separated from commercial development and the need for a Travel Plan based on the type of activity not purely floor area.

 

Car Parking 

·      The DCP contains both minimum and maximum parking rates outside of 800metres of a Metro Station and maximum parking rates within 800metres of a Metro Station. In the past Council has sought the application of minimum controls. The inclusion of minimum controls outside of 800metres of a Metro Station only partly resolves Council’s concern over an adequate level of car parking provision and does not address our concern that development will not need to supply any car parking within 800metres of a Metro Station due to the absence of a minimum control.

·      Car parking rates for bulky goods development and childcare centres should not be based on distance from a metro station as they are car dependant developments. The rate should be a singular rate minimum rate applied across the Aerotropolis. 

·      Accessible Parking rate needs to be increased or minimum rate provided. 

 

Biodiversity  

·      The DCP appears to merge landscape design, native vegetation, and biodiversity into one environmental consideration when they are 3 distinct considerations for development and require their own specific controls. Due to this, the chapter contains conflicting controls. For example, Canopy spread targets do not match tree replacement controls. 

·      Terminology used in the DCP is inconsistent with standard industry terminology and outdated terminology.

Luddenham Village Discussion Paper

Issues raised in our submission on the Luddenham Village Discussion Paper include:

·    We are disappointed that this is not further advanced given that it has been raised consistently by Council in every submission.

·    Options should have included planning controls so the community could determine the best option based on an understanding of the future urban form that the option would deliver.

·    Due to the lack of planning controls, there will be a need for further consultation with community on the future urban form of the preferred option.

·    There is no discussion on when or if further consultation will occur. Further consultation is required for the Luddenham Village Plan.

·    The discussion paper does not clearly outline how the preferred option will be selected.

·    The discussion paper does not provide sufficient analysis of the potential commercial opportunities, especially tourism-related land uses.

·    There is no meaningful discussion on what floor space may be demanded/required for hotel and motel accommodation and serviced apartments etc.

·    The did not contain an analysis of villages close to international airports, it’s not comparing ‘apples with apples’.

·    There limited evidence provided to justify Scenario 3 and 4 and analysis of how they fit in with the other centres in the Aerotropolis. How will this impact Wallacia and Mulgoa.

·    There is guidance on Agribusiness activities in the Village, given its intention is to be the heart of the agribusiness precinct – how does it integrate.

·    Servicing – There is one sentence in relation to connection to wastewater, however further detail is needed on the timing of this connection. It would be misleading to suggest a growth scenario if the wastewater is not connected for another 10 years or so. The Discussion paper may falsely raise the community’s expectations on what they will be able to do with their land once planning controls have been finalised, even though timing of servicing is yet to be determine. Without access to key services, it is unlikely development will be able to occur.

·    The discussion paper does not acknowledge the need for developer contributions to fund new or upgraded sporting and community facilities or public domain upgrades, that will be required if the community support the growth scenarios. It is difficult to determine what community infrastructure is required when there is a lack of certainty on what the future population will be.

·    There is no discussion of how the implementation of the plan for Luddenham Village will be coordinated, especially future public domain works. The key issue of Luddenham Village being divided between two Local Government Areas is not discussed.

 

Until the matters outlined in our submission have been addressed and further information provided, we do not think it is appropriate to be nominating or supporting one specific option at this time.

 

Other Matters

The finalisation of the Aerotropolis Precinct Plan (APP) is also occurring in the background. Our concern is that changes to the APP that have been made post exhibition are unlikely to exhibited prior to the finalisation of the APP.

 

Considering the APP has statutory weight under the Aerotropolis SEPP, landowners should be able to provide further comment on the changes made to APP. To maintain transparency in decision making, we believe that the amended APP should be publicly exhibited for a minimum of 28 days.

 

A further round of consultation is required once the APP and the Master Planning Guidelines have been finalised as the full package of planning controls needs to be reviewed concurrently to determine their suitability to deliver the development outcomes desired in the Aerotropolis.

 

Infrastructure Contributions

The Aerotropolis Contributions Plan needs to be finalised concurrently with the other components of the Aerotropolis Planning Package as it is difficult to determine development applications without the developer contributions.

 

Council has not been able to finalise the Contribution Plan as we are waiting on the final inputs. It is unlikely that the Contributions Plan will be able to be finalised until confirmation of which authority will be responsible for stormwater management has been determined. The State Infrastructure Contribution is also yet to be finalised.

 

As there are no further Council Meetings this year, the Contributions Plan will not be finalised by the end of the year to coincide with the finalisation of the Aerotropolis Planning Package. This may leave Council exposed in the interim or be forced to enter into individual Voluntary Planning Agreements to facilitate development until the Contributions Plan is finalised or until planning agreements are executed, which is a timely process.

 

There is also an urgent need for an infrastructure strategy to be prepared to facilitate the delivery and determine the funding of the initial infrastructure that is required to enable development.

 

Financial Implications

Land where Council is identified as an acquisition authority will need to be funded and delivered. Council has proposed a draft s7.12 contribution plan for this purpose. If the fixed levy rate sought is not approved by the Minister, there may be a funding shortfall.

There are potential financial implications for Council due to the proposed regional stormwater management approach and the proposal to appoint a Regional Stormwater Authority. Key issues that need to be considered include:

·    Uncertainty about asset scope means uncertainty about capital and operating expenditure.

·    Uncertainty about what infrastructure PCC need to recover the cost of through developer contributions – this creates both a financial and legal risk.

·    It is unclear what capacity, from a development feasibility perspective, Council has to recover costs through developer contributions, which may lead to a funding shortfall.

·    It is not clear whether there is an expectation from a regional entity that it will access some of the Council revenue streams arising in the Aerotropolis e.g. Rates or stormwater management charges.

 

Risk Implications

There are a range of issues of concern with associated risks that have been outlined throughout the report.

Conclusion

The exhibition of the Western Sydney Aerotropolis Planning Documents is an important step towards finalising the planning package for the Western Sydney Aerotropolis. However, the matters raised in our submission need to be addressed before the planning package is finalised. There are still a number of key issues that need to be resolved before Council officers could make a recommendation to support the finalisation of the planning package for the Western Sydney Aerotropolis.

Council officers have prepared the attached submission in relation to these documents. Council officers are seeking Councillors formal endorsement of the submission, which will be provided to the Department of Planning, Industry and Environment, if endorsed.

 

RECOMMENDATION

That:

1.     The information contained in the report on Submission on amendments to SEPP (Western Sydney Aerotropolis), Open Space Needs Study, Draft Aerotropolis DCP Phase 2 and Luddenham Village - Discussion Paper be received.

2.     Council endorse the submission on the Explanation of Intended Effects (EIE) of amendment to State Environmental Planning Policies relating to the Western Sydney Aerotropolis, the Open Space Needs Study, Draft Aerotropolis Development Control Plan (DCP) Phase 2 and the Luddenham Village Discussion Paper, provided as Attachment 1 to this report to be provided to the Department of Planning, Industry and Environment for their consideration

 

 

ATTACHMENTS/APPENDICES

1.

Submission to amendments to SEPP Western Sydney Aerotropolis, Draft Aerotopolis DCP Phase 2 and the Luddenham Village Discussion Paper

29 Pages

Attachments Included

  


Ordinary Meeting                                                                                         22 November 2021

 

 

 

4

Submission in response to the draft Greater Sydney Water Strategy   

 

Compiled by:               Lauren Vallejo, Project Interface - Sydney Metro

Authorised by:            Carlie Ryan, City Strategy 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

Advocate and influence on behalf of our community on our strategic vision for the City

      

 

Executive Summary

The purpose of this report is to seek Council endorsement of a submission to the draft Greater Sydney Water Strategy: Water for a resilient Sydney (September 2021), released by the NSW Department of Planning, Industry and Environment (DPIE). Councillors were notified of the exhibition of the draft strategy via Memorandum on 21 October 2021 and a report outlining the strategy and draft submission in response was tabled at the 15 November 2021 Councillor Briefing. Exhibition of the draft Greater Sydney Water Strategy closed on 8 November 2021, however Council has been granted an extension until 30 November 2021 to enable a submission to be considered by Council.

 

The draft Greater Sydney Water Strategy charts a direction for delivering sustainable and resilient water services to Greater Sydney for the next 20-40 years with strong consideration for a growing population, jobs growth, long periods of drought and flood, a changing climate, protecting the natural environment and urban places of amenity and liveability.

 

A submission has been prepared by Council staff (Attachment 1). Whilst the submission supports the strategy it also seeks clarification on roles, responsibilities, governance and expectations of Local Government in delivery of actions.

Summary of the Greater Sydney Water Strategy

Exhibition of the draft Greater Sydney Water Strategy closed on 8 November 2021, however Council has been granted an extension until 30 November 2021 to enable a submission to be considered by Council.

 

The strategy charts a direction for delivering sustainable and resilient water services to Greater Sydney for the next 20 to 40 years, servicing a growing population and safeguarding the city in times of prolonged drought and extreme weather events. The strategy sets out priorities and actions for the delivery of water, wastewater, recycled water and stormwater services into the future in a way that is integrated with land use planning.

 

The key concept underpinning the strategy is ‘enduring supply’. The strategy identifies the need for a pathway to deliver a level of demand that is confident of supplying indefinitely, irrespective of the intensity and duration of drought. The strategy places a strong emphasis on conserving water and using water more efficiently, while exploring options to make Sydney less dependent on rainfall for our future water supply. It also explores how we can create a cooler and greener city, protect our waterways and coastal environments, and support the water interests of Aboriginal communities. Whilst the strategy takes a whole-of-system approach, which includes consideration of flooding, it is not directly linked to the Hawkesbury-Nepean Flood Strategy or the proposal to raise the Warragamba Dam wall.

 

The strategy seeks to address five significant challenges, has determined five strategic priorities and outlines five key principles that underpins the strategy for improved resilience.

 

Five significant challenges:

-     Service a growing population.

-     Build resilience to drought and a changing climate.

-     Support the economy and jobs.

-     Put water at the heart of our city and communities.

-     Improve water management outcomes for Aboriginal people.

 

Five strategic priorities:

Priority 1:    We understand how much water we need and when.

Priority 2:    Our water systems are sustainable for the long term and resilient to extreme

events.

Priority 3:    Our city is green and liveable.

Priority 4:    Our waterways and landscapes are healthy.

Priority 5:    Water management and services meet community needs.

 

Five key principles:

-     Use what we have better

-     Increase integration and interconnection

-     Diversify supply sources

-     Plan ahead

-     Review and adapt

Issues raised in the submission

Whilst the submission supports the strategy, several recommendations and requests for further information have been made including the need to:

-     clarify the roles, responsibilities, governance and funding arrangements for the implementation of the strategy;

-     address the needs of a growing population;

-     ensure timely delivery of actions to coincide with planning and development in Greater Sydney;

-     ensure appropriate water supply for recreation and rural activities, including emerging agribusiness uses;

-     emphasise the importance of blue and green grids but to equally consider sustainability and environmental outcomes; and

-     seek opportunities for new technology and innovative design.

Next steps

Future revisions of the draft strategy will include a detailed implementation plan that will outline delivery of actions over the short, medium and longer term and outline roles and responsibilities and timeframes for delivery.

 

A submission response has been prepared (Attachment 1) that outlines Council support for the strategy, actions already undertaken by Council that align with the strategy, recommendations for inclusion in the strategy and requests for further information on roles, responsibilities, governance and funding for implementation.

 

The continued development of the Places of Penrith strategy framework, including our draft Local Housing Strategy, will clarify the areas of future growth in our LGA. This will be a valuable input into the development of Greater Sydney wide strategies such as the Greater Sydney Water Strategy.

Financial Implications

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

Risk Implications

If Council does not provide a submission to the draft Greater Sydney Water Strategy, the risk is that Council’s concerns and comments will not be fully understood and considered in finalising the draft strategy.

Conclusion

DPIE has released for comment the draft Greater Sydney Water Strategy that will direct the delivery of sustainable and resilient water services to Greater Sydney for the next 20-40 years with a strong consideration for a growing population, jobs growth, long periods of drought and flood, a changing climate, protecting the natural environment and urban places of amenity and liveability.

 

Following review of the draft strategy, a submission has been prepared for consideration by DPIE. Whilst the submission provides overall support for the strategy, it requests further information and lists a number of recommendations.

 

It is recommended that Council endorse the submission at Attachment 1, allowing it to be forwarded to DPIE for consideration.

 

RECOMMENDATION

That:

1.     The information contained in the report on Submission in response to the draft Greater Sydney Water Strategy be received.

2.     Council endorse the submission on the draft Greater Sydney Water Strategy, allowing it to be forwarded to DPIE for consideration.

 

 

ATTACHMENTS/APPENDICES

1.

Penrith City Council's draft submission to the draft Greater Sydney Water Strategy

5 Pages

Appendix

  


Ordinary Meeting                                                                                                       22 November 2021

Appendix 1 - Penrith City Council's draft submission to the draft Greater Sydney Water Strategy

 

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Ordinary Meeting                                                                                         22 November 2021

 

 

 

5

Amendment to State Environmental Planning Policy (State and Regional Development) 2011 for Cemeteries    

 

Compiled by:               Danielle Fox, Senior Planner

Authorised by:            Natasha Borgia, City Planning Manager

Kylie Powell, Director - City Futures  

 

Outcome

We plan for our future growth

Strategy

Protect the City’s natural areas, heritage and character

Service Activity

Influence state planning policies and legislation to ensure it responds to our land use vision and the needs of our community

      

 

Executive Summary

The purpose of this report is to seek Council’s endorsement of a submission to the NSW Department of Planning, Industry and Environment (DPIE) on the proposed amendment to State Environmental Planning Policy (SEPP) (State and Regional Development) 2011 (the SEPP), regarding an amended development assessment pathway for cemeteries that was released by DPIE on Tuesday, 12 October 2021 for public exhibition until 24 November 2021.

A memorandum was provided to Councillors on 8 September 2021 regarding the anticipated public exhibition of the SEPP amendment. A further memorandum was provided on 22 October 2021 informing Councillors of the commencement of the public exhibition.

The proposed changes to the SEPP will require new or expanded cemeteries with a minimum of 20,000 burial plots to be considered as State Significant Development (SSD) and recognise cemeteries as key social infrastructure to facilitate consideration of new cemetery development through the SSD pathway.

Councillors were briefed on 15 November 2021, and provided feedback that has informed the submission letter, provided as Attachment 1.

Background

In February 2021, DPIE’s The 11th Hour – Solving Sydney’s cemetery crisis (the Report) was tabled in Parliament. The Report reviewed the cemeteries and crematoria sector to address the forecast shortage of burial space. The Report notes that uncertainty in the existing development approval process is a key impediment to cemetery development across Sydney and NSW. The Report recommends cemeteries and crematoria be recognised as SSD, reflecting their status as key social infrastructure. The SEPP amendment has been informed by this recommendation.

 

On 24 March 2021, DPIE issued a Gateway determination advising that Council’s Planning Proposal seeking to prohibit cemeteries and crematoriums in the Mulgoa Valley and parts of Wallacia should not proceed. One of the reasons included:

 

Progress of the planning proposal prior to preparation of a regional strategy which identifies additional lands for new cemeteries to serve the Sydney region, may prevent development of an orderly and holistic strategy for the region.

 

The Report also recommends that there is a role for the Greater Sydney Commission (GSC) in preparing a strategic study to address the future cemetery needs for the Sydney region. It is noted that Council has not had any updates on the status of this study.

 

Proposed amendment to SEPP (State and Regional Development) 2011

 

The proposed amendment to the SEPP includes the following:

 

·    Cemeteries to be considered as State Significant Development

 

The proposed amendment to the SEPP will require new or expanded cemeteries with a minimum of 20,000 burial plots to be considered as SSD.

 

To enable cemeteries to be recognised as SSD, Schedule 1 of the SEPP will be amended. Schedule 1 of the SEPP sets a threshold value (typically a capital investment value) for each category of development that determines whether it is SSD. However, in the case of cemeteries, the proposed amendment will establish a capacity figure being 20,000 burial plots as the threshold for cemeteries to be assessed as SSD.

 

·    Cemeteries to be recognised as key social infrastructure

 

Key social infrastructure provides essential services required for communities to function. The Report notes that cemeteries are a key form of social infrastructure and recommends they hold equivalent status in the planning system to other social infrastructure like schools and hospitals. Recognition of cemeteries as key social infrastructure allows an alternate SSD planning assessment pathway (for larger scale cemeteries) that is consistent with other key social infrastructure. The proposed amendment does not nominate changes to any other planning controls.

 

Draft submission

 

To align with the objectives of Council’s Planning Proposal and our position on cemetery proposals in Mulgoa Valley and Wallacia, the following matters have been raised in our submission:

 

·    The State-led regional strategy to address the need for land for cemetery development in the Greater Sydney region, needs to be prioritised. This will ensure cemetery development is approached in an orderly and holistic manner, and in the appropriate locations. Amendments to the SEPP prior to this regional strategy would be pre-emptive and should only be considered when this strategy is finalised.

 

·    Cemeteries considered as key social infrastructure and included in the SSD planning pathway (based on a capacity threshold) should only be supported in areas outside the E3 Environmental Management zone and/or Mulgoa Valley and Wallacia.

 

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.

 

 

Next steps

 

The proposed amendment is on public exhibition until 24 November 2021. A need for a regional strategy to guide cemetery development within Greater Sydney, and the importance of local assessment of cemetery development in the Mulgoa Valley and Wallacia (and the E3 Environmental Management zone), are two matters that need to be addressed before the proposed amendment is finalised. A submission letter has been prepared for Council’s consideration.

 

RECOMMENDATION

That:

1.     The information contained in the report on Amendment to State Environmental Planning Policy (State and Regional Development) 2011 for Cemeteries  be received

2.     Council endorse the submission on the proposed amendment to State Environmental Planning Policies regarding an amended development assessment pathway for cemeteries, provided as Attachment 1 to this report to be provided to the Department of Planning, Industry and Environment for their consideration.

 

 

ATTACHMENTS/APPENDICES

1.

Submission Letter - Amendment to SEPP State and Regional Development) 2011 for Cemeteries

3 Pages

Appendix

  


Ordinary Meeting                                                                                                       22 November 2021

Appendix 1 - Submission Letter - Amendment to SEPP State and Regional Development) 2011 for Cemeteries

 

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Ordinary Meeting                                                                                         22 November 2021

 

 

 

6

 Proposed Upper South Creek Advanced Recycling Centre (SSI-8609189)   

 

Compiled by:               Peter Wood, Development Services Manager

Kathryn Saunders, Principal Planner

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

 

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

Assess development proposals efficiently and make decisions that are open and fair

      

 

Executive Summary

The Development Application and accompanying Environmental Impact Statement for the Proposed Upper South Creek Advanced Recycling Centre is currently on exhibition. Council Officers have reviewed the EIS and prepared a draft submission on the proposal. The provision of this essential infrastructure ahead of planned growth is supported in principle. A  number of  issues however have been identified with the application indicating that the current proposal has potential to cause significant and unacceptable impacts unless these matters are satisfactorily addressed in the assessment and responded to by the proponent.

Background

Council has received notice from the Department of Planning, Industry and the Environment (DPIE) of a Development Application for the Upper South Creek Advanced Recycling Centre. The proposal is classified as State Significant Infrastructure (SSI). The proponent is Sydney Water and the Minister for Planning and Public Spaces is the consent authority.

The Development Application commenced public exhibition on 21 October 2021 and ceases exhibition on 17 November 2021. Council Officers have sought an extension to enable the draft submission to be reported to Council for endorsement.

Proposal

The project is due for completion in 2026 to service development within the Western Sydney Aerotropolis. This includes the servicing of Luddenham Village which is also planned for 2026. The Environmental Impact Statement (EIS) accompanying the development application indicates the proposal provides for the following works:

 

·    A Wastewater Treatment Plant that includes the production of treated water suitable for a range of uses including recycling and environmental flows, production of renewable energy and production of biosolids for reuse;

 

·    New infrastructure from the proposed Water Recycling Centre to South Creek to release excess treated water and wet weather flows during significant wet weather events (estimated 3 – 14 times per year);

 

·    New pipeline from the proposed Water Recycling Centre to Nepean River at Wallacia Weir, to release treated water to the river during normal weather conditions;

 

·    New pipeline from Wallacia to Warragamba River to release treated water to the river just below the Warragamba Dam;

 

·    New brine pipeline from the proposed Water Recycling Centre to Sydney Water’s existing wastewater systems to transport brine to the Malabar Wastewater Treatment Plant; and

 

·    Ancillary and associated infrastructure including new green space areas around the development.

 

The proposal is indicated as being a response to service demand stemming from foreshadowed development projections outlined within the Greater Sydney Commissions Greater Sydney Region Plan.

 

Council’s Submission

 

Council officers have undertaken a review of the EIS and provided comments to inform a draft submission which is attached. A number of issues have been identified requiring further detail, analysis and potential amendments to demonstrate that the proposal will not present significant impacts as follows:

 

·    Biodiversity Conservation, in particular the location of proposed pipelines and impacts on Water Quality in the Warragamba and Nepean Rivers;

 

·    Potential impacts of proposed pipelines on the Heritage of Wallacia Village;

 

·    Construction Traffic Impacts on the condition of roads, capacity and the need for upgrades;

 

·    Potential land contamination and hazardous conditions;

 

·    Noise Impacts; and;

 

·    Flood Modelling validity and proposed Infrastructure located on flood affected land including floodways.

 

In addition to the above matters, clarity is required on whether or not a number of sustainability measures proposed to be enabled by the development including water reuse, energy generation, publicly accessible greenspace and can and will be delivered. An integrated Information & Education Facility is also recommended.

 

Financial Implications

 

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

Risk Implications

If Council does not provide a submission to the exhibition of the Upper South Creek Advanced Recycling Centre, the risk is that Council’s concerns and comments will not be fully understood and considered by DPIE in assessing the proposal and by the Minister in determining the application.


 

Conclusion

The proposed development represents essential infrastructure which is required to service substantial future development in the region and its’ early provision is supported. Clarity is requested on whether the publicly accessible open space will be delivered as part of the proposal or not, and as to whether a number of sustainability measures proposed in the EIS, including water reuse and energy generation can and will be delivered as part of Stage 1.

 

Based on the application and EIS, the issues identified in Council’s review as outlined in the draft submission need to be closely considered by DPIE in the assessment of the application and adequately responded to by the proponent.

 

RECOMMENDATION

That:

1.     The information contained in the report on  Proposed Upper South Creek Advanced Recycling Centre (SSI-8609189) be received.

2.     The draft submission attached be endorsed as Council’s submission on the application.

 

 

ATTACHMENTS/APPENDICES

1.

Council's Draft Submission

47 Pages

Attachments Included

  


Ordinary Meeting                                                                                         22 November 2021

 

 

 

7

RFT21/22-11 Voluntary Planning Agreement and Contributions Planning Tracking Software   

 

Compiled by:               Kasey Hall, ICT Business Analyst

Authorised by:            Natasha Borgia, City Planning Manager

Kylie Powell, Director - City Futures

Andrew Moore, Director - Corporate Services  

 

Outcome

We plan for our future growth

Strategy

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

Service Activity

Ensure services, facilitates and infrastructure meet the needs of a growing population through the contributions framework

 

Previous Items:           Penrith Development Contributions Review Action Plan and draft s7.12 Plan - Councillor Briefing - 16 Mar 2020      

 

Executive Summary

The tender reference RFT21/22-11 Voluntary Planning Agreement and Contributions Planning Tracking Software was advertised online through AEPT360 on 9 September 2021. The tender closed on 6 October 2021.

This report advises Council on the outcome of the tender evaluation process and recommends that the tender received from Novoplan be accepted for the full scope of works outlined in RFT21/22-11 Voluntary Planning Agreement and Contributions Planning Tracking Software, subject to the execution of a formal agreement, for an amount of $940,281.43 (excluding GST) over 5 years.

The software has been sought as a result of Council’s Development Contributions Framework Review Action Plan, which Councillors were briefed at Council’s briefing on 16 March 2020. The software was also a recommendation of the Audit, Risk and Improvement Committee.

Background

Division 7.1 of the Environmental Planning and Assessment Act 1979 (EP&A Act) gives Council the power to levy contributions from developers for public infrastructure required as a result of development. This infrastructure typically includes facilities such as parks, community facilities, roads and / or drainage, or financial contributions towards the eventual delivery of these by Council. 

Contributions may be in the form of cash payments, transfer, or dedication of land to Council or the provision of a material public benefits. This may come in the form of development contribution plans, voluntary planning agreements (VPAs) and works in kind (WIK)

The following are currently in Place for the Penrith LGA: 

•        Eleven S7.11 Nexus-based Contribution Plans

•        Eleven S7.4 Voluntary Planning Agreements

•        One S7.12 Contribution Plan 

In addition to the above, Council has a large pipeline of further contributions plans and VPAs. Another five contributions plans are currently under preparation, two of which have been exhibited. Fourteen letters of offer or preliminary discussions have occurred for Voluntary Planning Agreements.

The combined total of existing plans and agreements in the Penrith LGA is currently delivering over $670m in local infrastructure. Council has used a manual tracking system to date, but as the volume of contributions grow, a better system is needed to manage the delivery of scheduled items in contributions plans, WIKs and VPAs. The proposed new system will ensure Council meets contractual obligations and will build higher confidence from the community with the system’s efficiencies. A number of other Councils have adopted the proposed system, including Brisbane City Council, which has invested a significant development to the product over recent years.

Contributions Framework Review Action Plan

Council’s Development Contributions Framework Review Action Plan was prepared to ensure Council has an up-to-date and best practice contributions framework, so that we can be leaders in the way we identify, manage and deliver contributions and infrastructure. Under the action theme of an efficient contributions framework implementation, two actions were identified specifically in relation to contributions software systems

·    Implement a tracking system for the receipt and application of contributions (including VPAs and WIKAs).

·      Develop an online internally and externally facing contributions calculator for use by staff, developers and certifiers, linked to the tracking system.

Councillors were briefed on the Action Plan at the Councillor briefing of 16 March 2020.

Internal Audit Plan Action

An internal Audit of Voluntary Planning Agreements (VPAs) was undertaken as part of Council’s 2018/19 Internal Audit Plan. A series of recommendations for improvement and oversight were determined through this Audit. An action arising out the recommendations was to implement a continuous monitoring framework for VPAs. A continuous monitoring framework is critical to ensure that the rights and obligations of the parties in response to VPAs are monitored, due to their complexity.

As a result of this identified Internal audit action and the Framework Action Plan, a provider was sought to deliver a software solution for a monitoring framework.

Council Obligations in relation to VPAs and Contributions Plans

Council has a range of obligations in relation to the management of development contributions, including:

·    Ensuring the payment of monetary contributions,

·    Ensuring the timely delivery of VPA items and Works in Kind (WIK),

·    Timely and accurate handover of infrastructure assets to Council,

·    Accurate reporting of contributions income, land dedication and works in kind.

A software solution will be able to assist with these processes by:

·    Accurately tracking the application and receipt of development contributions, VPAs and WIK.

·    Provide a formalised negotiation and tracking framework for VPAs and WIK.

·    Monitoring trigger points for key deliverables of VPAs to ensure the delivery of infrastructure matches growth rates.

·    Provisions of an online calculator to enable transparency and customer service for contributions calculations.

·    Providing auditable tracking for decision making.

In addition, as per the Environmental Planning and Assessment Amendment (Development Contributions) Regulation 2021, from 01 June 2022 all NSW Councils must publish infrastructure contributions and planning agreements on Council’s website, and on the NSW Planning Portal. The proposed software solution will assist Penrith City Council (PCC) in the management and tracking of VPA deliverables and development contributions to ensure infrastructure is delivered on time, as per agreement, and to standard.

Tender Evaluation Process

The Tender Evaluation Committee consisted of City Planning Coordinator Abdul Cheema, Principal Planner Natalie Stanowski, Senior Contributions Planner Farzana Khan, ICT Business Analyst Jeanne Young and was chaired by City Planning Manager Natasha Borgia. The Tender Evaluation Committee was supported by Laura Stott as the Procurement Business Partner.

Tenderers 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:

·    Demonstrated Ability

·    Works Methods and Program

·    Financials

·    Employment Policies

·    Local Supplier Preference

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health & Safety

Initial Tender Review

A total of three (3) tenders were received by the closing date of the advertised tender.

Two of the submissions received did not fully meet the tender criteria.

The remaining tender submission received for contract over five (5) years is listed below:

Company

Tendered Price (excl. GST)

Company Australian Address

Directors

Novoplan Trading Pty Ltd

$940,281.43

7/165 Melbourne Street, South Brisbane, Queensland 4101

Damon Ehlers, Owen Earley, Jason Arthur Miller, Alison Kate Wolfenden

The tender submission was evaluated and assessed independently by each member of the Tender Evaluation Committee. Then the group met to average the response and confirmed that Novoplan Trading Pty Ltd satisfactorily met the requirements for tender criteria, with their off-the-shelf software solution.

Evaluation of the Preferred Tenderer

The Tender Evaluation Committee then focused on the price schedule, exclusions, assumptions, licencing models, and the technical aspects of their software, and Novoplan Trading Pty Ltd provided satisfactory documentation for all requirements. The pricing schedule for the contract is listed below:

Description of Fee

Amount (Excl. GST)

Implementation Fee

$133,435.00

Commencement of first subscription period

$153,500.00

Commencement of second subscription period

$157,337.50

Commencement of third subscription period

$161,270.94

Commencement of fourth year subscription (option)

$165,302.71

Commencement of fifth year subscription (option)

$169,435.28

Total (excl. GST)

$940,281.43

The Tender Evaluation Committee considered Novoplan Trading Pty Ltd the recommended tenderer, based on their:

1.   Compliance with the tender evaluation criteria

2.   Demonstrated ability to meet Council’s requirements

3.   Price for services offered

4.   Highest overall effectiveness, and

5.   Licencing model

Novoplan Trading Pty Ltd has provided their software suite for other Councils and State Government entities. They have demonstrated a comprehensive understanding of the project scope and the Tender Evaluation Committee is satisfied with their proposal.

 

Financial Implications

 

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Novoplan Trading Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd and have been reviewed by Financial Services. Based on this review, no concerns were raised as to the ability of Novoplan Trading Pty Ltd to perform the works described.

 

This report recommends that the tender from Novoplan Trading Pty Ltd, for the amount of $940,281.43 (excluding GST) be accepted for Voluntary Planning Agreement and Contributions Planning Tracking Software work. The project is being forward funded (March 2021) from VPA Administration/Management Fees.

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

The TAG considered the recommendations in relation to the tender RFT21/22-11 Voluntary Planning Agreement and Contributions Planning Tracking Software, noting that only one tender meeting all of the assessment criteria had been received. It was also noted that the conforming tender, having regard to all the circumstances, was the most advantageous option available to Council. The TAG reviewed the evaluation process outlined within the report and are satisfied that the selection criteria has been applied correctly in making the recommendation.

Risk Implications

The continued growth and development of Penrith has increased the number of contributions plans and VPAs Council will prepare and enter into. It will also increase the number of transactions relating to development contributions. Without the implementation of a software solution, the process of monitoring and implementing contributions and agreed infrastructure works will remain manual, and this may be at risk of potential errors and complications. A software solution will provide a clear and transparent framework to ensure that the collection of contributions is as accurate as possible, and that Council ensures that the timing and delivery of infrastructure supports areas of growth.

Additionally, Council will be at risk of not complying with meeting legal obligations due by 01 July 2022.

The works will be undertaken in accordance with Work Health & Safety systems.

Conclusion

The Tender Evaluation Committee is of the opinion that Novoplan Trading Pty Ltd provided an advantageous tender and it is recommended that the Company be awarded the contract for a contract sum of $940,281.43 (excluding GST).

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT21/22-11 Voluntary Planning Agreement and Contributions Planning Tracking Software be received

2.     Novoplan Trading Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the RFT 21/22-11 Voluntary Planning Agreement and Contributions Planning Software for an amount of $940,281.43 excluding GST over 5 years.

3.     The General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

Outcome 3 - We can get around the City

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                       Page

 

8        RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys                      53

 

9        RFT21/22-19 The Great River Walk Safety Lighting                                                       57

 

10      Naming of Reserve - Max Baker Reserve, Jamisontown                                                61

 

 

 

 

URGENT

 

25      RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys (Amended)   124

 

 

 



Ordinary Meeting                                                                                         22 November 2021

 

 

 

8

RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys   

 

Compiled by:               Mudassar Fayyaz, Major Projects Coordinator

Authorised by:            Michael Jackson, Design and Projects Manager

Brian Steffen, Director - City Services  

 

Outcome

We have safe, vibrant places

Strategy

Make our public places safe and attractive

Service Activity

Implement the Building Asset Renewal Program

      

 

Executive Summary

Tender reference RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys was advertised online through Apet360 on 29 September 2021. The tender closed on 25 October 2021.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Trinity Quality Interiors Pty Ltd for the full scope of works outlined in RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys be accepted for the amount of $683,507 excluding GST.

Background

Penrith City Council received funding under Local Roads and Community Infrastructure Program from the Department of Infrastructure, Transport, Regional Development and Communications for the improvement of existing infrastructure at Ripples Leisure Centre St Marys.

The refurbishment works include the following, focussed on the front section of the building:

·    Replacement of existing roof and ceiling

·    Upgrade of existing roof drainage

·    Roof strengthening works

·    Removal of redundant services within roof cavity

·    Relocation of all equipment installed on roof to ground to create space for solar panel installation

·    Upgrade of mechanical, hydraulic and electrical services.

·    Installation of new energy efficient lighting.

It is expected that the proposed refurbishment works will significantly add to the life span of the centre and enhance the user experience by providing contemporary facilities.

Tender Evaluation Process

 

The Tender Evaluation Committee consisted of Mudassar Fayyaz - Major Projects Coordinator, Wasique Mohyuddin - Delivery Program Manager, Rob Tweddle – Manager Ripples Aquatic and Recreation Centre and was chaired by Michael Jackson - Design and Projects Manager. The Tender Evaluation Committee was supported by Procurement Business Partner – Allyce Langton.

 

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

 

·    Business References

·    Demonstrated Ability

·    Project Appreciation

·    Works Method and Program

·    Financials

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

·    Local Business Preference

·    Quality Assurance Systems

·    Environmental Management Systems

·    Work Health & Safety

·    Value for money

Initial Tender Review

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

Company

Lump Sum Tendered Price

Company Address

Directors

Trinity Quality Interiors Pty Ltd

$683,507.00

Suite 11, 11 Forest Rd
Hurstville NSW 2220

Benjamin Lloyd

Designex Group Pty. Ltd.

$1,072,154.00

40 Hayes Rd
Seven Hills NSW 2147

Pedro Khan

Lloyd Group Pty Ltd

$1,084,128.00

14 Harvey Street Pyrmont NSW 2009

Matthew Licuria

Brenic Constructions Pty Ltd

$1,560,670.00

5 Opus Place, Cranebrook NSW 2749

Dominic Begley

Rogers Construction Group Pty Ltd

$1,715,858.48

3/74 Edward Street

Riverstone NSW 2765

Mitchell Rogers

 

The tenders submitted by Rogers Construction Group Pty Ltd and Brenic Constructions Pty Ltd were not assessed by the tender evaluation committee as their prices were beyond allocated project budget.

 

The other three tenders were evaluated in detail against the weighted evaluation criteria to determine an effectiveness rating. Consideration was then given to the tenderer’s price schedules, exclusions and assumptions to determine the best value for money solution with competency in technical aspects of the tender.

Evaluation of the Preferred Tender

The tender review panel then focussed on the tender provided by Trinity Quality Interiors Pty Ltd as their submission was considered as providing best value for money among all three submissions.

Following an initial assessment and after reviewing clarifications on tender assumptions from three tenderers, Trinity Quality Interiors Pty Ltd was considered the preferred tenderer and their proposal has the highest effectiveness score among the three tenders being assessed by the tender evaluation panel.

The recommended company, Trinity Quality Interiors Pty Ltd was selected based on their:

 

1)       Compliance with the tender evaluation criteria,

2)       Demonstrated ability to meet Council’s requirements

3)       Lowest price for the services offered; and

4)       Highest overall effectiveness

 

The Tender Evaluation Committee thoroughly reviewed the information provided pertaining to past experience of the proposed tenderer and conducted reference checks. Trinity Quality Interiors Pty Ltd has delivered several projects of similar scale and nature for other Councils and have also successfully delivered the Lewers Gallery Commercial Kitchen project which involved construction of a new section of the building, and the Penrith City Library Refurbishment project for Council in recent years.

 

Their tender responses have demonstrated a comprehensive understanding of the project scope, provided significantly fewer scope and price exclusions and council’s Project Management team is satisfied with their past performance.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Trinity Quality Interiors Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd.  Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded.

 

An allocation for the refurbishment works at Ripples Leisure Centre St Marys is included in the 2021/22 Operational Plan with funding from the Australian Government’s Local Roads and Community Infrastructure Program Phase 2. The maintenance and operational requirements of the renewed facility 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, Lana Axford – Supply Coordinator Financial Services and Neil Farquharson – Financial Services Manager were briefed by the Design and Projects team about the background and the process followed.

The TAG considered the recommendations in relation to the tender RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys noting that the recommended tender is providing the best value for money. The company has demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

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

The refurbishment works included in this project would be delivered in stages to minimise the impacts of construction on patrons and routine centre operations.

If the refurbishment work is not undertaken, the working life of the existing Ripples St Marys asset would be heavily compromised as the building currently leaks regularly causing ongoing damage to the asset.

Conclusion

The Tender Evaluation Committee is of the opinion that Trinity Quality Interiors Pty Ltd provided the most advantageous tender and it is recommended that the company be awarded the contract for a sum of $683,507 excluding GST.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys be received

2.     Trinity Quality Interiors Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the RFT21/22-17 Refurbishment Works at Ripples Leisure Centre St Marys for an amount of $683,507 excluding GST

3.     The General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         22 November 2021

 

 

 

9

RFT21/22-19 The Great River Walk Safety Lighting   

 

Compiled by:               Ezekiel Meares, 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

Tender for RFT21/22-19 The Great River Walk Safety Lighting was advertised on 14 September 2021 on Apet360 and e-tendering websites and closed on 6 October 2021 at 11:00am.

This report advises Council of the outcome of the tender process and recommends that the tender from Hix Group Pty Ltd, for the amount of $ 296,608.00 (excluding GST) be accepted for the Great River Walk Safety Lighting Project.

Background

The Great River Walk Safety Upgrade is funded with a grant from the Federal Department of Infrastructure, Transport, Regional Development and Communications under the Community Development Grants Program.

The grant will enhance night-time safety and amenity through the provision of pedestrian lighting to a section of shared footpath, which forms part of the Great River Walk, between Jamison Road and Nepean Avenue in Penrith.

Council engaged specialist consultants Lighting Art and Science to review the existing lighting along the Nepean River Precinct. The report addressed the existing lighting conditions along the site and recommended the lighting upgrade that would be required to meet the requirements of the Australian Standard AS/NZS 1158.3.1, The report provided recommendations to Penrith City Council that would form the Pedestrian Lighting Strategy.

The Great River Walk Safety Lighting Project has been created to address the lighting recommendations outlined in the Lighting Art and Science report. The project will provide a minimum of 30 pedestrian lights along the Great River Walk between Jamison Rd and Nepean Avenue, Penrith.

This section of the Great River Walk was highlighted in the strategic lighting report as a priority, the project will improve the visibility for the community and improve the perception of safety by addressing the lighting needs outlined in the report by ensuring the recommended level of lighting is achieved.

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Ezekiel Meares- Project Supervisor, Mitchell Sammut- Project Supervisor, Wasique Mohyuddin- Delivery Project Manager. Laura Stott from Councils 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 received were assessed using the advertised evaluation criteria of:

·    Business references

·    Demonstrated Ability

·    Works method and program

·    Financials

·    Employment policies and details (direct labour and sub-contractors)

·    Company Structure and Employment Practices

·    Local Business Preference

·    Quality Assurance and Environmental Management Systems

·    Work Health and Safety

·    Value for money

Summary of Tenders Received

A Total of three (3) tenders were received by the closing date of the advertised tender and are listed below in price order (excluding GST)

Company

Tendered Price

Company Address

Owners/Directors

Sine Industries Pty Ltd

$272,700.00

14/46 Buffalo Road Gladesville NSW 2111

Tony Conway

Hix Group Pty Ltd

$296,608.00

Unit 1, 10 Production Place Penrith NSW 2750

Ian Hicks & Lea Hicks

Rowlands Group (NSW) Pty Ltd

$424,530.35

5 Southridge Street, Eastern Creek NSW 2766

Mario Bavaro

Short Listed Tenderers & Evaluation of the Preferred Tender

All three (3) tenderers provided complying documentation and were evaluated by the panel against the evaluation criteria.

Sine Industries Pty Ltd provided documentation that the panel agreed was limited.  Sine Industries Pty Ltd did not provide the information required to demonstrate their ability to understand the project scope and successfully manage the project. Sine Industries Pty Ltd provided limited documentation relating to the construction methodology criteria as defined in the evaluation criteria.

On assessment the panel agreed that Hix Group Pty Ltd submission was the best value for Council from the responses provided, clearly demonstrating their suitability to undertake the project. Hix Group Pty Ltd provided a detailed methodology, project program and demonstrated they understood the required works and construction sequence of deliverables for the project. Hix Group Pty Ltd have completed comparable lighting projects including previous projects for Penrith City Council.

The recommended company, Hix Group Pty Ltd was selected based on their:

1)   Compliance with the Tender evaluation criteria,

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

3)   Competitive price for services offered

 

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Hix Group Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd. Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded.

A budget has been provisioned in the previous quarter under the Community Development Grants Program - Great River Walk Safety Upgrade project. Proposed tender amount is within budget.

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 Glenn McCarthy - Governance Manager, Neil Farquharson - Financial Services Manager and Brian Steffen - Director City Services 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 RFT21/22-19 The Great River Walk Safety Lighting, it was noted that the recommended proposal strongly demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making 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 and Safety systems. The project will install pedestrian lighting with public safety a key part of the construction methodology and project plan.

Conclusion

Three tenders were assessed against the evaluation criteria. Hix Group Pty Ltd submitted documentation that clearly demonstrated their ability against the evaluation criteria to competently understand, manage and complete the scope of works. Hix Group Pty Ltd also provided a competitive price to support their strong submission against the tender evaluation criteria, strongly demonstrating the value for money and demonstrated ability.

It is recommended that the proposal and lump sum price from Hix Group Pty Ltd for the amount of $296,608.00 (excluding GST) be accepted for the design and construction of RFT21/22-19 The Greet River Walk Safety Lighting.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT21/22-19 The Great River Walk Safety Lighting be received

2.     The Tender from Hix Group Pty Ltd for the amount of $296,608.00 (excluding GST) be accepted for RFT21/22-19 The Great River Walk Safety Lighting project.

3.     The General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         22 November 2021

 

 

 

10

Naming of Reserve - Max Baker Reserve, Jamisontown   

 

Compiled by:               Andrew Robinson, Community Facilities and Recreation Manager

Authorised by:            Brian Steffen, Director - City Services 

Requested By:            Councillor Greg Davies

 

Outcome

We have safe, vibrant places

Strategy

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

Service Activity

Manage the use of community, sport and recreation facilities

      

 

Executive Summary

The purpose of this report is to seek Council’s endorsement for the naming of the reserve at 25a Harris Street, Jamisontown - Lot 94 DP252547 (aerial maps attached to this report) as Max Baker Reserve.

Representation has been received from Councillor Greg Davies at Council’s Ordinary Meeting on 26 July 2021 that Council Officers consult with the family of the late Max Baker with a view to arranging a memorial to recognise the legacy he has left in the City.

This report recommends that the information be received and that an application be made to the Geographical Names Board of NSW for official gazetting and, a sign denoting the reserve name be installed and an official naming ceremony be held once gazetted.

Background

Council has a Naming of Parks and Reserves Policy which aligns with the Geographical Names Board (GNB) guidelines.

The key principles adopted by Council for assigning park and reserve names are:

Council will abide by the guidelines issued by the Geographical Names Board of NSW regarding the naming of an open space that require that naming proposals meet the following criteria:

·    The use of a person’s name for park names should normally only be given posthumously;

·    Names of Aboriginal origin or with an historical background are preferred;

·    Council agrees to the proposed name;

·    If considered appropriate, the names of eminent persons may be perpetuated, particularly those of early explorers, settlers, naturalists.

Council will consider supporting applications for names associated with the history and character of Penrith City including, but not limited to, the themes outlined below:

·    Elected members from all levels of Government who have served the City and have made a significant contribution to the community. The recognition could apply to Councillors, Mayors or Members of Parliament.

·    Prominent citizens – people who have demonstrated outstanding merit or people who have made an outstanding contribution to the City, particularly in the areas of service, preservation of the environment, community, sport, industry, leadership and personal bravery, or who have achieved outstanding success in their chosen field of endeavour.

Should Council approve a park or reserve name an application is then prepared and submitted to the GNB. The remaining process involves a number of steps, including the public exhibition of the proposed naming. The entire process generally takes eight to ten months.

Current Situation

Council Officers have consulted with the late Max Baker’s family regarding the opportunities for a memorial and, a number of options have been explored. The reserve at 25a Harris Street, Jamisontown has been identified as a suitable reserve for a place naming as it is in close proximity to where Mrs Baker currently resides and there is no gazetted name associated to it.

Max Baker was born and bred in Penrith and joined Penrith City Council in 1949 as a Junior Clerk at just 19 years old. Within 10 years he worked his way up to Chief Accountant and when he retired from Council in 1989, was in the role of City Treasurer.

 

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.

 

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.

 

Max was known for his depth of corporate knowledge and was not only consulted on financial decisions, but on anything from engineering to town planning.

 

In addition to his professional contributions, Max was also a keen sportsperson and in his younger years played football for Penrith and captained the A grade. From age 30, lawn bowls was his passion playing at Penrith Bowling Club and representing the Club winning pennants and championships.

 

Financial Implications

Financial implications for Council associated with this report are the cost of installing a park naming sign and conducting an official naming ceremony both of which will be accommodated within existing operational budgets.

Risk Implications

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

Conclusion

Max Baker loved Penrith and Council and was known for his professional integrity and dedication to his roles during his 40 years at Council. By the time Max retired from Council, he had made an outstanding contribution to the City. He left Council in a strong financial position and created an impressive portfolio of assets which the community and visitors continue to enjoy and benefit from today.

 

RECOMMENDATION

That:

1.     The information contained in the report on Naming of Reserve - Max Baker Reserve, Jamisontown be received

2.     Council endorse the naming of the reserve at 25a Harris Street, Jamisontown - Lot 94 DP252547 as Max Baker Reserve and advice be provided to the Geographical Names Board in this regard to enable the official gazetting.

3.     Following gazettal, a sign denoting the reserve name be installed and an official naming ceremony be held.

 

 

ATTACHMENTS/APPENDICES

1.

Max Baker Reserve Aerial Map

1 Page

Appendix

  


Ordinary Meeting                                                                                                       22 November 2021

Appendix 1 - Max Baker Reserve Aerial Map

 

PDF Creator


Outcome 5 - We care about our environment

 

Item                                                                                                                                       Page

 

11      Cooling the City: Planning for Heat Issues Paper and Advocacy Plan                           67

 

 

 



Ordinary Meeting                                                                                         22 November 2021

 

 

 

11

Cooling the City: Planning for Heat Issues Paper and Advocacy Plan   

 

Compiled by:               Belinda Atkins, Sustainability and Resilience Lead

Authorised by:            Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We care for our environment

Strategy

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

Service Activity

Identify actions that can be undertaken to increase the resilience of Penrith (including the implementation of the Cooling the City Strategy)

      

 

Executive Summary

The purpose of this report is to seek Council endorsement for the Planning for Heat Issues Paper and the associated Advocacy Plan.

The objective of the planning for heat issues paper is to identify key issues and recommended actions for change to the state government planning system to address urban heat in development. The advocacy plan will provide the ask for the NSW State Government to undertake a holistic review of the planning system including planning policies and other planning instruments to ensure they are addressing urban heat across Western Sydney.

This issues paper and advocacy plan seeks to position Council as a leader and an advocate for change, whilst also complimenting work already undertaken in this space by other local councils, regional organisations of councils and the state government.

The issues paper also compliments and goes hand in hand with Council’s work on the Penrith LEP/DCP 2014 amendment and urban heat controls, considered by Council on 25 October 2021. The DCP urban heat package demonstrates Council’s commitment to ensure development is mitigating and adapting to impacts of urban heat within Council’s area of influence.

This issues paper and advocacy plan takes the next step to identify opportunities to advocate to the state government for changes to be made to areas of the planning system that are outside of Council’s control, and which limit our ability to enable improved liveability outcomes for the community.

The draft issues paper was presented at the Councillor Briefing on 1 November and was endorsed by the Resilience Committee at its meeting on 10 November 2021. The issues paper and advocacy plan are attached to this report.

Background

Extreme heat has been identified as a key climate risk and priority shock facing Penrith. The Benchmarking Summer Heat across Penrith project undertaken in partnership with Western Sydney University in 2019-2020 found that Penrith residents faced unprecedented conditions and the highest temperatures ever recorded in Western Sydney, being exposed to 39 days over 35 degrees during the summer, with six locations across the Penrith LGA recording maximum temperatures over 50 degrees on 4 January 2020.

Population growth with the Penrith area is expected to continue to grow, with new development seeing an increase in buildings and hard surfaces that contribute to the urban heat island effect (UHI). In an LGA that is already hot and with temperatures projected to rise, it is essential for future developments to be designed and built to adapt to and mitigate the impacts of heat, to ensure the comfort, health, and overall liveability of our community. Council is committed to addressing this shock and supporting its community to achieve a cooler, liveable city by undertaking action and advocating for change.

Council’s Cooling the City Strategy identifies strategies to cool our city through policy and planning, increased reflectivity, green infrastructure, water sensitive urban design and collaboration and engagement.

Outcomes from the successful Cooling the City Masterclass, hosted by Council in February 2020, highlighted the need for stronger adaptive and effective regulation, policy and planning for cooler cities, as well as strong advocacy for proactive state government action on providing standards and provisions for smarter, cooler urban developments.

Council’s Resilient Penrith Action Plan, adopted in June 2021, identifies actions to address urban heat and mitigate the UHI through direct through on-ground projects delivered by Council in partnership with others, as well as through amendments to the DCP/LEP. The Resilient Penrith Action Plan further identified the role of Council on advocating to the state government, developers and other industry stakeholders to mitigate the UHI through tree canopy, urban greening and strengthening controls within BASIX and the Exempt and Complying Code to incorporate cooling the city principles and controls.

Current Situation

Issues Paper:

An Issues Paper has been developed highlighting priority areas for advocacy to ensure urban heat is addressed within the planning system.

The issues paper has drawn on the working knowledge and expertise of planners and building industry professionals across Western Sydney to identify where changes are required to be made to the planning system, that lie outside of council control, to address urban heat. These proposed changes will improve liveability for our community.

The stakeholder engagement process undertaken to assist in the development of the issues paper identified the issues, gaps, opportunities, and priority action areas within the state planning system requiring change. Based on feedback from stakeholders across all engagement methods, on average 87% of respondents supported the proposed actions.

Balancing the impacts of mitigating extreme heat and its impacts on the community with affordability, while ensuring that development remains feasible to meet demand and forecast population growth, has been a key consideration in the development of the recommended actions included within the issues paper.

Through the engagement process with industry stakeholders, the priority actions were discussed and considered in terms of community benefit and outcome, feasibility, and ease of implementation. The identified issues and recommended actions have been composed to minimise impacts on feasibility and limit impacts on future residents by prioritising low-cost interventions, as well as proposing actions which aim to address the UHI effect early in the master planning process, setting the expectations, and building these into the design and construction of a new development area upfront.

The issues paper identifies two key issues with five recommended advocacy actions.

Issue 1: Greenfield subdivisions in Western Sydney are being built with minimal provision for tree canopy cover, exacerbating the urban heat island effect

Action 1.1: Advocate to the NSW Government to mandate urban tree canopy cover targets in any future release areas. These should be embedded in the master planning process.

Action 1.2:  Advocate for the mandating of larger verge widths or alternate street designs within Department led DCP’s of new greenfield subdivisions to facilitate canopy tree planting.

Action 1.3: Advocate for the Department of Planning, Industry & Environment to amend the Exempt & Complying Code, requiring higher landscaped areas for smaller lot residential development, which is supported by a tree selection guideline.

Issue 2: Existing planning legislation managed by the NSW Government is facilitating development which contributes to the cumulative urban heat island effect in Western Sydney

Action 2.1: Advocate for the Department of Planning, Industry & Environment to undertake a holistic review of BASIX and the Building Code of Australia, ensuring urban heat is addressed to improve liveability outcomes.

Action 2.2:  Advocate for the Department of Planning, Industry & Environment to amend industry design guides to embed mitigation of the UHI effect in new developments.

 

Research undertaken has shown strong evidence that increased green infrastructure, landscaped area, tree canopy and lighter coloured/reflective materials provide cooler homes and reduce temperatures in the surrounding area, reducing the UHI and providing physical and mental health benefits. A study of roof materials at Jordan Springs West has shown that on a 34-degree day a black tiled roof was 62 degrees, a beige tiled roof was 47 degrees, and a white metal roof was 38 degrees, providing better thermal comfort for the residents.

 

Actions within the issues paper call attention to the need for a review of the minimum lot size and sufficient landscaped area and setbacks for suitable medium to large canopy trees. The importance of the development of a tree list and guide has also been identified as an important outcome to ensure the most appropriate and suitable tree is planted in any given location to provide benefits but also reduce any risks.

 

The actions included within the issues paper have been nominated as priority actions identified through research and on-ground practice to achieve the best outcomes in addressing urban heat and cooling the city.

 

The identified actions interrelate with each other, and there is already impetus for the State Government to act on these actions including the Premiers Priorities for greening our city, the canopy targets supported through the Greater Sydney Commission, and the development of the Design and Place SEPP and revisions to BASIX and the National Construction Code.

Addressing the impacts of urban heat and enabling heat mitigation and adaptation in new developments can be achieved as evidenced by the Wilton DCP developed by the State Government to abate heat impacts in the South West Sydney development area.

 

Advocacy Plan:

 

The issues paper forms the basis of Council’s advocacy plan which is a high-level overview document that has been developed to map council’s approach in advocating to the state government and industry stakeholders on the recommended actions within the issues paper.

 

The advocacy plan provides the foundation for Council to implement an advocacy program to strengthen the planning system to ensure all developments within the Penrith area, and Western Sydney as a whole, are designed and constructed now and into the future to be adaptive to extreme heat.

 

Under the advocacy plan Council will advocate for the state government to undertake a holistic review of the planning system including planning policies and other planning instruments including codes and guidelines to ensure extreme heat is addressed across Western Sydney.

 

Council will advocate to be involved in the early stages of the master planning process for all new developments within the Penrith area to ensure positive community outcomes are achieved, and that the master planning process fully takes into account the requirements to mitigate and be adaptive to extreme heat. Advocacy to the state government on these actions will include advocating on the provision of incentives and/or subsidies where required.

 

The advocacy plan is structured as follows:

 

·   The Ask – provides the overarching rationale for Council’s advocacy program. Asking for the state government to address urban heat through changes to the planning system in order to cool buildings and neighbourhoods by increasing greening and canopy cover and ensuring dwellings keep our residents safe and comfortable during extreme heat through example heat adapted design and light-coloured materials.

 

·   The Project Overview – provides an overview of the two key issues and five actions identified in the issues paper.

 

·   The Audience – identification of the potential stakeholders/organisations that the advocacy program will target. Including various state government departments, relevant portfolio Ministers and local MP’s, the Australian Building Codes Board as the body responsible for the review of the National Construction Code, industry groups and developers.

 

·   Potential collaborators – identification of organisations and key groups to collaborate with to provide a stronger voice and strengthen our unified position on the identified issues/actions. Including, neighbouring councils, regional organisations of councils/council groups, industry associations and peak bodies, research institutes, housing providers and other community and interest groups.

 

·   Advocacy objectives – identification of the key objectives of the advocacy program. Including, the need for dwellings/communities that keep people safe and comfortable during extreme heat; securing commitment from the state government and other stakeholders to make changes to the planning system to address extreme heat; and strengthening Council’s advocacy to meet the needs of its community.

 

·   Key messages – identification of key messages that will be promoted during the advocacy program. Including, Council’s leadership within our own LGA on combatting urban heat, extreme heat as a primary risk impacting on health and safety of the community and increasing costs for households in cooling homes, working collaboratively with state government and other stakeholders to undertake actions to mitigate and adapt to the impacts of extreme heat.

 

·   Proposed advocacy activities – identification of potential opportunities for advocacy on the key actions provided in the issues paper. Opportunities include; individual or collaborative advocacy through campaigns, joint letters and submissions; meetings with target stakeholders to advocate for our asks, and inclusion of these asks within project and planning proposals; advocating and providing council’s position during workshops and public forums; and advocating on our key messaging and asks through media and social marketing campaigns in the lead up to the summer months and during heatwave events to draw attention to the need for change.

 

Financial Implications

There are no significant financial implications for Council associated with this report. The issues paper advocates for changes to the planning system which is the responsibility of the state government. These changes compliment council’s own policies, strategies, controls, and commitments to cool the city and enhance the liveability and resilience of the community.

Engagement with the property development industry has identified that the proposed actions identified within the issues paper will have a limited impact on development feasibility. Research and practical application have shown that costs of mitigation measures are minimal if they are built into the planning and design phase of the development and are offset by savings on energy, maintenance, and operational costs. When taking into consideration improvements in health and social wellbeing of developments that mitigate and adapt to heat, the cost benefit is positive.

Risk Implications

Council in providing strong leadership and a strong voice, both individually and in partnership, to advocate for change to the planning system, will support Penrith and Western Sydney in being resilient and adaptive to extreme heat. Without change to address heat within the planning system, there is a risk that our city and our communities will become increasingly unliveable due to the heat and associated health and financial impacts.

Conclusion

Addressing the impacts of urban heat and enabling heat mitigation and adaptation in new developments can be achieved as evidenced by the Wilton DCP developed by the State Government to abate heat impacts in the South West Sydney development area.

Council’s issues paper and advocacy plan will assist Council in positioning itself as a leader, and an advocate to the State Government and other industry stakeholders on priority issues and identified actions, to ensure that changes are made to the planning system to address urban heat, providing positive outcomes for Penrith as a city and community.

 

RECOMMENDATION

That:

1.     The information contained in the report on Cooling the City: Planning for Heat Issues Paper and Advocacy Plan be received

2.     The Cooling the City: Planning for Heat Issues Paper and Advocacy Plan be endorsed by Council

 

 

 

 

ATTACHMENTS/APPENDICES

1.

Cooling the City: Planning for Heat Issues Paper

23 Pages

Attachments Included

2.

Advocacy Plan - Cooling the City: Planning for Heat

4 Pages

Attachments Included

   


Outcome 6 - We are healthy and share strong community spirit

 

Item                                                                                                                                       Page

 

12      Penrith Panthers Fishfest Sponsorship                                                                           75

 

13      PP&VA Board Appointments and Constitutional Amendments                                       77

 

14      ClubGrant Infrastructure Program - Trinity Drive Recreation Space                               81

 

 

 

 

 



Ordinary Meeting                                                                                         22 November 2021

 

 

 

12

Penrith Panthers Fishfest Sponsorship    

 

Compiled by:               Shelley Lee, Activation and Event Development Officer

Melissa McSeveny, Social Strategy Co-ordinator

Authorised by:            Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are healthy and share strong community spirit

Strategy

Help build resilient, inclusive communities

Service Activity

Conduct and support events that include all members of our community

      

 

Executive Summary

The purpose of this report is to advise Council that a request for event sponsorship has been received from Penrith Panthers Fishing Club (PPFC) to sponsor their annual Fishfest competition.

Fishfest 2022, running on 26-28 Feb 2022, is an inclusive catch, photograph and release competition, promoting healthy lifestyle and social connection. Support for this event will assist Penrith Panthers Fishing Club to welcome people to participate in family-friendly activities on the Nepean River.

The report recommends that $600 be offered in Council Sponsorship to support the 2022 Fishfest Competition.

Background

Fishfest 2022 will be the 38th year that the event has operated on the banks of the Nepean River.  The event promotes sustainable recreation fishing with rules to catch, photograph and release.

PPFC was established in 1952 to educate both members and the local community in the benefits of sustainable recreational fishing and to give local anglers a chance to network, connect and grow their passion for fishing. They are a sub-club funded by Penrith Panthers Leagues Club as well as relying on sponsorship.

PPFC provides a safe environment for the whole family and in addition to the annual Fishfest activities, they also offer many fishing trips throughout the Nepean area.

Council has sponsored Fishfest since 2014, with the funds being used for prizes, equipment hire, rods, reels, tackle, bait and assisting learning for entrants with no experience.

This annual event highlights to the local community that they have an active and vibrant fishing resource in the heart of Penrith

Current Situation

The sponsorship proposal received from PPFC requests a financial investment of $1000 (excluding GST). The funds are for a range of associated costs of the event.

The Club has indicated that some of the funds will go towards supporting the Nepean Area Disabilities Organisation (NADO) to use the PPFC boat to take children fishing for the day.

However, because there is a charge for event participants and Council has a limited budget for event sponsorship, it is recommended that Council sponsor the event for $600 as a show of support and to assist the event to be inclusive.

The sponsorship provides Council with the following opportunities:

·    Display Council signage at the event (provided by Council),

·    Include Council’s logo on promotional flyers/posters/website/social media/programs, and

·    Mayor or representative to speak at the event.

 

Financial Implications

Funding to support local community events is available within the Community Events Contributions budget which forms part of the current Operational Plan. This sponsorship funding is available to work in partnership with and in support of the local community to encourage, develop and conduct a wide range of local recreational, business, cultural and community events that make a positive contribution to the LGA.

Risk Implications

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

Conclusion

Council has received a request for event sponsorship from Penrith Panthers Fishing Club to sponsor their annual Fishfest competition.

Fishfest 2022 will run on 26-28 Feb 2022, as an inclusive catch, photograph and release competition. Support for this event will assist Penrith Panthers Fishing Club to welcome people to participate in family-friendly activities on the Nepean River.

The report recommends that $600 be offered in Council Sponsorship to support the 2022 Fishfest Competition.

 

RECOMMENDATION

That:

1.     The information contained in the report on Penrith Panthers Fishfest Sponsorship be received.

2.     Penrith Panthers Fishing Club be sponsored for $600 from the Community Event Sponsorship funds for Fishfest 2022.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         22 November 2021

 

 

 

13

PP&VA Board Appointments and Constitutional Amendments   

 

Compiled by:               Tiffany LeeShoy, Senior Cultural Strategy Officer

Sophie Davis, Social 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

This report is to inform Councillors of two matters in relation to Penrith Performing and Visual Arts (PP&VA). The first matter is the appointment of new Community Directors to the PP&VA Board. The second matter is changes to the PP&VA Constitution.

 

Council recently received a report on the activities of the PP&VA for 2020-21 at the Policy Review Committee meeting on 8 November 2021.

At the 15th Annual General Meeting of the PP&VA the following recommendations for Community Director appointments were adopted. The PP&VA seeks Council’s endorsement of these Board appointments:

 

·    Ms Alison McLaren

·    Mr Adam Porter

·    Mr Brett Farrell

·    Mr Don Church

·    Ms Dale Maxwell-Smith

 

At this meeting the company moved to adopt changes to its Constitution. These changes include limiting the number of consecutive terms for a Community Director and limiting the time that an office can be held on the Board. Council’s Legal Services are satisfied with the proposed amendments to the PP&VA Constitution.

 

The PPVA seeks the approval of Council for this change to the Constitution. At the same time the Company proposes to modernise the language and update all references to Chairman to read Chairperson wherever mentioned in the Constitution.

The report recommends Council endorse the four-year appointment of the following Community Directors to the Board of Penrith Performing and Visual Arts Ltd – Ms Alison McLaren, Mr Adam Porter and Mr Brett Farrell and the two-year appointment of the following Community Directors – Mr Don Church and Ms Dale Maxwell-Smith.

 

The report further recommends that Council endorse the changes to the Constitution of the Penrith Performing and Visual Arts Ltd, including limiting the number of consecutive terms for a Community Director and limiting the time that an office can be held on the Board, as described in this report.

 

Background

The Penrith Performing and Visual Arts Ltd (PP&VA) is a controlled entity of Council with the objectives and operation controlled by a Board of Directors in accordance with an endorsed constitution. Clause 16.2 of the Constitution outlines that all of the Directors are to be appointed by Council.

 

The Constitution of the PP&VA allows for up to ten Directors, four that are Council Directors including the General Manager or his/her nominee. The six remaining Directors are community representatives that are nominated for a four-year term with half coming up for renewal every second year. Clause 16.2 of the Constitution provides that Council shall have the discretion as to whom it appoints to the Board of Directors.

 

In accordance with the Constitution, at the 15th Annual General Meeting of PP&VA held on 26 October 2021, three Board terms of Community Directors concluded, resulting in three four-year vacancies. Additionally, two earlier resignations of Community Directors resulted in a further two vacancies for the remainder of those terms, that being, two years. Retiring Community Directors remain eligible for renomination.

 

The vacancies were promoted through a comprehensive print and social media campaign and targeted distribution through PP&VA and Council networks. Consistent with discussions at the Board’s annual strategic meeting applications were sought based on an agreed selection criteria.

 

The Board Selection Sub-Committee was comprised of Cathy Jarman (Community Director), Warwick Winn (Council Director) and Alicia Talbot (Director, Blacktown Arts Centre, independent assessor).

Current Situation

Appointment of Community Directors to PP&VA Board

Following Board’s assessment and endorsement, the recommendations for Community Director appointments went forward and were adopted at PP&VA’s Annual General Meeting.

The Company now seeks the endorsement of Council to appointment the following nominees as Community Directors on the PP&VA Board:

1.   Appointment to a four-year term (October 2021 to October 2025)

 

·    Ms Alison McLaren - Senior public service executive. Renominating Board Director.

·    Mr Adam Porter - Professional arts curator and manager.

·    Mr Brett Farrell - Entertainment Intellectual Property (IP) lawyer with not-for-profit arts foundation experience.

 

2.   Appointment to a two-year term (October 2021 to October 2023)

 

·    Mr Don Church – Financial planner, investments and licenced securities dealer; and Company Director. Retired.

·    Ms Dale Maxwell-Smith - Professional arts manager.

 

Changes to the PP&VA Constitution

 

Furthermore, at the 15th Annual General Meeting the Company moved to adopt changes to its Constitution. These changes include limiting the number of consecutive terms for a Community Director and limiting the time that an office can be held on the Board. Council’s Legal Services are satisfied with the proposed amendments to the PP&VA Constitution.

 

The proposed changes are italicised below:

BOARD OF DIRECTORS

16.3.2 Retiring Directors shall be eligible for re-appointment, however no non Council Director may serve more than two consecutive terms. Having served two consecutive terms, a Retired Director may renominate for appointment after four years have lapsed since the conclusion of their previous term.

OFFICERS OF THE COMPANY

20. The officers of the Company shall be a Chairperson, Deputy Chairperson and Secretary who shall be elected by the Board of Directors at the first meeting of the Board of Directors after the Annual General Meeting.

20.1 The Chairperson, Deputy Chairperson and Secretary cannot hold those offices for longer than four consecutive years.

Additionally, the Company seeks to modernise the language and update all references to Chairman to read Chairperson wherever mentioned in the Constitution.

The Company now seeks the approval of Council for these changes to the Constitution.

The next scheduled date for the PP&VA Board to meet is Tuesday 30 November before which it must perform an induction for the new Community Directors, and at which the Company must elect new Officers.

 

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 five Community Directors approved at the 15th Annual General Meeting of PP&VA represent the changing demographics of Penrith LGA, whilst simultaneously retaining vital Company knowledge and experience.

 

The proposed changes to the PP&VA Constitution enables the Company’s Board of Directors to be refreshed at a pace that is commensurate with the changing demographic profile of Penrith City. This approach makes PP&VA more accessible and welcoming to more recent residents and growing communities across Penrith City, as artists, students and audiences.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on PP&VA Board Appointments and Constitutional Amendments be received

2.     Council endorse the four-year appointment of the following Community Directors to the Board of Penrith Performing and Visual Arts Ltd – Ms Alison McLaren, Mr Adam Porter and Mr Brett Farrell

3.     Council endorse the two-year appointment of the following Community Directors to the Board of Penrith Performing and Visual Arts Ltd – Mr Don Church and Ms Dale Maxwell-Smith.

 

4.     Council endorse the changes to the Constitution of the Penrith Performing and Visual Arts Ltd, including limiting the number of consecutive terms for a Community Director and limiting the time that an office can be held on the Board, as described in this report.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         22 November 2021

 

 

 

14

ClubGrant Infrastructure Program - Trinity Drive Recreation Space   

 

Compiled by:               Andrew Robinson, Community Facilities and Recreation Manager

Authorised by:            Brian Steffen, Director - City Services  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Plan for the provision of and facilitate the delivery of community, sport and recreation facilities

      

 

Executive Summary

This report advises that Council has been awarded a $300,000 NSW Government ClubGrant Category 3 Sport and Recreation Infrastructure grant as a contribution towards the installation of a youth mixed recreation facility at Trinity Drive, Cambridge Gardens.

The Trinity Drive youth mixed recreation facility project is included in Council’s adopted Sport and Recreation Strategy’s 2021-2022 work program. The community has been consulted in relation to the designs and it will include, among other elements, skate and scooter spaces, as well as features such as a flying fox, climbing elements, swing and in ground trampolines.

Designs for the facility are currently being finalised. The project will be completed in conjunction with an upgrade to the existing playspace at Trinity Drive, with both projects estimated to cost $920,000. In addition to the grant, the projects will be funded from the Parks Asset Renewal Program, Sport and Recreation Strategy Reserve and a grant from the Local Roads and Community Infrastructure Fund (Federal Government).

The report recommends that the information be received and that a funding agreement is signed with NSW Government accepting the grant of $300,000 for the development of the youth mixed recreation space at Trinity Drive, Cambridge Gardens.

Background

The project to develop a youth space at Trinty Drive, Cambridge Gardens has evolved over a number of years as a result of representations from the local community, supported by both Councillor Thain and Councillor Fowler OAM.

Community engagement was undertaken for the youth mixed recreation space in 2018 and 2019, including consultation with school students, a residents’ survey and a ‘pop up’ event at the location. Concept designs and an opinion of probably cost were developed, with grant funding required to support the project’s implementation at that time. Council Officers have subsequently made a submission to the NSW Government’s Community Building Partnership grant program which was unsuccessful.

Current Situation

Council’s Sport and Recreation Strategy was endorsed in April 2020, and the project to develop a youth mixed recreation space at Trinity Drive was prioritised in the 2021/2022 program for delivery. In this regard, more detailed project planning and design has been progressed. Concurrently, opportunities have arisen to apply to grant programs for funding.

A submission was made to the NSW Government’s Everyone Can Play program in June 2021, with a determination yet to be received. Round One of the NSW Government’s ClubGrant Category 3 Infrastructure grant program opened for applications on 5 July and closed on 26 July 2021 with Council Officers making a submission.

There are four streams included in the ClubGrant program, Sport and Recreation, Arts and Culture, Community Infrastructure, and Disaster Readiness with varying grant fund amounts available. Applicants could seek between $50,000 - $300,000 in grant funding for projects from the Sport and Recreation stream.

Correspondence from the Hon. Victor Dominello, Minister for Digital and Customer Service was received by Council Officers, on 1 November, confirming that $300,000 has been awarded to Council for the development of the Trinity Drive youth mixed recreation space.

Financial Implications

 

The Sports and Recreation Strategy identifies the development of a mixed recreational space at Trinity Drive with a provision from the Sports and Recreation Reserve. The $300,000 ClubGrant will provide additional funding for the full scope of works subject to final tenders.

 

An allocation from the 2021/22 Parks Asset Renewal Program and a contribution from the Federal Government’s Local Road and Community Infrastructure Phase 2 grant program has been allocated to the playspace (including shade) upgrade.

Risk Implications

Community consultation has been undertaken and site investigations designs and costs have been established by an expert contractor specialising in this type of facility. Procurement and project management will be undertaken by Council Officers in accordance with existing processes and practices. A communications plan will be implemented to ensure all stakeholders receive consistent and current information.

Conclusion

Once constructed, the youth mixed recreation space will provide a range of facilities that will support active participation and, along with the playspace upgrades, create a recreation and open space hub for the community. The youth mixed recreation space will include, among other elements, skate and scooter spaces, as well as features such as a flying fox, climbing elements, swing and in ground trampolines.

 

RECOMMENDATION

That:

1.     The information contained in the report on ClubGrant Infrastructure Program - Trinity Drive Recreation Space be received

2.     Council enter into a funding agreement with NSW Government to receive the $300,000 grant allocation.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                       Page

 

15      Council Buildings Policy                                                                                                   85

 

16      Code of Conduct - Report on Complaints Statistics                                                        90

 

17      Easement for Electrical Substation 34-102 Gipps Street Claremont Meadows Lot 11 DP1194036                                                                                                                       92

 

18      Penrith City Council End Of Term Report 2021                                                               96

 

19      2020-21 Penrith City Council Annual Report                                                                   98

 

20      Organisational Financial Review - September 2021                                                     100

 

21      Audit, Risk and Improvement Committee                                                                      106

 

22      Finalisation of 2020-21 Financial Statements (post public exhibition)                          109

 

23      2021-22 Borrowing Program                                                                                          111

 

24      Summary of Investment & Banking for the Period 1 October 2021 to 31 October 2021 113

 

 

 

 

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                         22 November 2021

 

 

 

15

Council Buildings Policy   

 

Compiled by:               Belinda Atkins, Sustainability and Resilience Lead

Krystie Race, Sustainability Research Planner

Authorised by:            Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Identify ways Council can use resources more efficiently

      

 

Executive Summary

The purpose of this report is to seek Council’s endorsement for the revised Council Buildings Policy.

Council’s Buildings Policy has been in place since 2014 and has been revised to align with current industry leadership and innovation and best practice in the sustainable design, construction, refurbishment, maintenance, and management of Council owned building assets.

The Buildings Policy has been reviewed and updated based on current leading practice within local government, advice and input from Industry leaders, and consultation with relevant departments across Council, to ensure that the policy is evidence based and achievable.

The Buildings Policy was presented at the 1 November Councillor Briefing for discussion.

The purpose of Council’s Buildings Policy is to ensure that Council buildings are designed for the longer-term, maximise resource efficiency, reduce ongoing operational costs and greenhouse gas emissions, and to demonstrate Council’s leadership.

The Buildings Policy is provided as an attachment.

Background

The purpose of the Buildings Policy when first adopted in 2014 was to support the ongoing sustainable and efficient management of Council’s building assets to ensure the buildings are well designed, fit for purpose, comfortable, efficient, and environmentally sound.

Since the adoption of the Buildings Policy, Council has invested in improving the resource efficiency of our buildings through energy efficiency upgrades, renewable energy including solar installations as well as efficient management practices, funded primarily through the Sustainability Revolving Fund. Energy consumption across Council building assets has been trending downwards since the adoption of the Buildings Policy with a decrease of 7.9%.

The recent Civic Centre Ground Floor Office Lighting Upgrade for example will result in a 69% reduction in electricity consumption and save 56 tonnes of greenhouse gas emissions per annum, with projected energy cost savings of close to $11,000 and maintenance savings of more than $3,000 per annum.

The review of the Buildings Policy was based on a strong research foundation on current and emerging trends and innovation in the building industry, current leading practice, and advice from Industry leaders including the Green Building Council of Australia (GBCA) on sustainable design and operations, and the latest Green Star rating tool advancements.

Consultation has been undertaken with the relevant departments across Council on proposed revisions to both the Policy and the Checklists. A review was undertaken by an ESD consultant working on an existing Council property project, feedback from which has been incorporated into the revised Buildings Policy.

Current Situation

The intent of the Buildings Policy is to:

·    Align with current industry leading practice in the sustainable design, construction, refurbishment, maintenance, and management of Council building assets.

·    Enhance Council’s environmental performance, maximising resource efficiency and reducing operational costs through the application of new technology and efficiencies.

·    Future proof Council’s building assets based on known trends (e.g. inclusion of electric vehicle capability).

·    Recognise the market for green buildings and increase investment opportunities within the Penrith LGA.

·    Enable Council to demonstrate its leadership to the community and to industry and promote its achievements in meeting environmental performance targets and providing Green Star certified building stock.

The Buildings Policy includes:

·    Policy objectives to reflect best practice sustainability and resilience outcomes, integrate cooling the city principles and align to existing/future environmental performance targets.

·    A clear definition of the requirements under the Policy, with a $10 million threshold being introduced to differentiate the criteria to be applied to large and small capital works and refurbishments.

·    Green Star rating requirements with large scale projects over the $10 million threshold requiring formal Green Star certification.

·    Checklists to meet industry leading practice including up-to-date criteria/technologies.

·    Monitoring the operational environmental performance of buildings over the $10 million threshold through Green Star or Nabers Tools.

The table below shows where the Policy and the associated Checklists apply:

Policy

Applies to:

Large capital works/refurbishments over $10 Million

Criteria:

Must meet 5 Star Green Star rating with formal certification

Option to meet 6 Star Green Star rating with formal certification for ‘Showcase Projects’ (World Leadership)

Where a Green Star rating tool does not exist for a particular building type the building must achieve all mandatory requirements and at least 30% of the desirable criteria within the Sustainable Building Design Checklist.

 

Sustainable Building Design Checklist

Applies to:

Small capital works / minor refurbishments up to $10 Million

Criteria:

Need to meet all mandatory criteria and minimum 30% of the desirable criteria in the Checklist.

Criteria updated to include suitable infrastructure to allow for future electric vehicle charging, application of suitable building materials and landscaping elements to cool the city e.g. canopy cover, green roofs, light coloured materials, and WSUD to reduce the urban heat island effect. 

Sustainable Building Retrofit, Maintenance and Operations Checklist 

Applies to:

Retrofits / maintenance works to existing buildings

Criteria:

Need to meet all mandatory criteria and minimum 30% of the desirable criteria in the checklist.

Green Star:

On average Green Star buildings consume 66% less energy and 51% less water, increasing efficiencies and reducing building operating costs. Green star buildings can also produce an estimated 55% fewer greenhouse gas emissions than an average building. Green Star buildings are demonstrated to leverage improved outcomes for the people working in them, enhanced wellbeing and health contributing to financial benefits through reduced sick leave, increased quality of work, improved worker morale, and lower staff turnover.

Undertaking Green Star certification for large capital works/refurbishments above the $10 million threshold will give Council the rights to use the Green Star certification trademark and promote the project’s excellence in sustainable design, demonstrating Council’s leadership, innovation, environmental stewardship, and social responsibility.

Without formal certification Council’s buildings cannot be promoted as 5-Star Green Star compliant, missing the opportunity to showcase Council achievements in leading standards in sustainable building design.

Formally certifying a building as 5-star Green Star has also proven to have financial benefits with the building having a higher asset value, lower vacancy rates for tenants and the ability to attract good quality investment in the surrounding area.

 

Financial Implications

For buildings over the $10 million threshold there will be financial implications, including payment of the certification fee for Green Star. This fee is commensurate to the project’s contract value. For example, a project valued at $10-20 million would pay a fee of $24,180 for 5-star green star certification. This cost should be considered and built into the total project value in the planning/concept stage of applicable building projects.

As reported in the Policy Review Committee Meeting on the 10 February 2014 and adopted on the 10 March 2014, case studies have shown that any additional costs associated with achieving Green Star criteria and efficiency measures, are in the order of 3% to 5% and recovered over the longer-term through reduced operating and maintenance costs as part of the lifecycle costs of a building. For example, the City of Gosnells invested in a 5-star Green Star certified civic centre with Green Star costing being calculated as 3% on a $26 million project with a 5-year payback period.

The best industry financial data now available for similar building types is the GBCA average cost data which estimates that to achieve a 5-star Green Star rating will cost approximately 2-3% of the total project budget, which is similar to the indicative costs provided by the sustainability consultant for Council’s 131 Henry Street project.

Risk Implications

The Building Policy will be monitored in terms of understanding any impacts to upfront project costs as well as reporting the benefits from reduced operational costs and energy efficiency gains.

The Buildings Policy requirement that Green Star only be applied to large scale projects over the $10 million threshold reduces financial risks to council, with any building development, refurbishment and retrofit under that threshold needing to apply the Checklists only.

The Buildings Policy is what drives Council’s environmental performance, efficiencies and cost savings for building operations and maintenance. It will provide future financial benefits for investment and demonstrate council as a leader. There is a therefore a financial and reputational risk for Council in not endorsing the Buildings Policy.

Conclusion

The Building Policy will be monitored in terms of understanding any impacts to upfront project costs as well as reporting the benefits from reduced operational costs and energy efficiency gains.

The Buildings Policy requirement that Green Star only be applied to large scale projects over the $10 million threshold reduces financial risks to council, with any building development, refurbishment and retrofit under that threshold needing to apply the Checklists only.

The Buildings Policy is what drives Council’s environmental performance, efficiencies and cost savings for building operations and maintenance. It will provide future financial benefits for investment and will demonstrate Council’s leadership in the delivery of energy and cost-efficient building assets.

 

RECOMMENDATION

That:

1.     The information contained in the report on Council Buildings Policy be received

2.     The Buildings Policy be endorsed by Council.

 

 

ATTACHMENTS/APPENDICES

1.

Buildings Policy 2021

34 Pages

Attachments Included

  


Ordinary Meeting                                                                                         22 November 2021

 

 

 

16

Code of Conduct - Report on Complaints Statistics   

 

Compiled by:               Avanthi Fernando, Governance Officer

Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Be open and fair in our decisions and our dealings with people

Service Activity

Promote ethical behaviour through awareness and advice, and manage investigations of alleged corruption, maladministration or breaches of the Code of Conduct

      

 

Executive Summary

Under the Model Code of Conduct Procedures, Council’s Complaints Coordinator must, within three months of the end of September each year, report on a range of complaints statistics to Council and the Office of Local Government (OLG).

 

This report will provide Council with complaints statistics as required under section 11.1 of the Model Code of Conduct Procedures before being forwarded to the OLG. This year’s report records three (3) Code of Conduct complaints concerning Councillors and/or the General Manager.

Background

Council has adopted a Code of Conduct, consistent with the Model Code which incorporates the requirement to provide the OLG with statistics on the code of conduct complaints received during the 12-month reporting period (1 September 2020 – 31 August 2021).

.

Current Situation

 

Under Section 11.1 of the Model Code of Conduct Procedures, Council’s Complaints Coordinator must arrange for a range of statistics to be reported to Council and subsequently be forwarded to the OLG. The procedures require that all code of conduct complaints and the management and investigation of them must be treated as confidential, unless specifically required under the procedures. Accordingly, it is not appropriate to share the details within this report or otherwise.

 

The tables below provide the statistics for the period beginning 1 September 2020 through to 31 August 2021:

 

Table 1:

 

Code of Conduct Statistics

Totals/Outcomes

Complaints made about Councillors and the General Manager*

4

Complaints referred to a conduct reviewer

2

Complaints finalised by a conduct reviewer at the preliminary assessment stage

1

The outcome of complaints finalised at the preliminary assessment stage

2

The number/outcome of Complaints investigated by a conduct reviewer

2

The number/outcome of Complaints investigated by a conduct review committee

0

The number/outcome of matters reviewed by the OLG

 

0

*Complaints concerning staff, other than the General Manager, are dealt with by the General Manager and do not form a part of this reporting requirement.

 

Table 2:

 

Total cost of dealing with complaints during the period (including staff costs)

$36,500

 

Financial Implications

 

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

Risk Implications

There are no specific risks associated with compliance with the recommendations of this report.

Conclusion

This report provides Council with the statistics and costs in relation to complaints received under the Council’s Code of Conduct for the period 1 September 2020 to 31 August 2021.

 

RECOMMENDATION

That:

1.     The information contained in the report on Code of Conduct - Report on Complaints Statistics be received

2.     A copy of this report along with complaints statistics provided in accordance with 11.1 of the Model Code Procedures be forwarded to the Office of Local Government.