Council_Mark_POS_RGB

20 July 2022

 

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 25 July 2022 at 7:00PM.

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

Yours faithfully

 

 

Warwick Winn

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 27 June 2022.

 

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

Heritage Advisory Committee Meeting - 15 June 2022.

 

10.         DELIVERY PROGRAM REPORTS

 

11.         URGENT BUSINESS

 

12.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 25 July 2022

 

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 Tricia Hitchen



Governance Coordinator Adam Beggs






Minute Clerk

MediaClr Mark Davies

South Ward

 

Clr Mark Rusev

South Ward

 

 

Clr Bernard Bratusa

East Ward

 

 

Clr Glenn Gardiner

North Ward

 

 

Clr Ross Fowler OAM

North Ward

 

 

Clr Marlene Shipley

Public GalleryEast Ward

 

 

Clr Jim Aitken OAM

South Ward

 

 

Clr Jonathan Pullen

North Ward

 

Clr Sue Day

South Ward

 

Clr Kevin Crameri OAM

North Ward

 

Clr John Thain

North Ward

 

Clr Todd Carney

East Ward

 

Clr Robin Cook

East Ward

 

Clr Karen McKeown OAM

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.

 

 

 

 

 

Local Government Act 1993, Section 233A

 


Council_Mark_POS_RGB2022 MEETING CALENDAR

January 2022 - December 2022

(Adopted by Council – 10 January 2022)

 

 

 

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

 

 

 

 

 

2v

 

 

 

 

 

 

 

 

 

10^

 

 

21@

 

28

 

30#

27*

25

22@

26^

31ü

28#+

12

Policy Review Committee

7.00pm

 

 

 

 

14

 

9

 

11

 

12

 

14

 

 

 v

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

 *

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

 #

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

 @

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

 ^

Election of Mayor and/or Deputy Mayor

 ü

Meeting at which the 2021-22 Annual Statements are presented

 

Meeting at which any comments on the 2021-22 Annual Statements are adopted 

 +

Meeting at which the Annual Report is presented

Briefing to consider Budget, draft fees & charges and corporate document

-            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, AUDIO STREAMED ON THE COUNCIL WEBSITE AND IN THE COUNCIL CHAMBERS ON MONDAY 27 JUNE 2022 AT 7:00PM

 

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

 

PRAYER

The Council Prayer was read by Rev Christine Bayliss Kelly.

 

STATEMENT OF RECOGNITION

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

 

WEBCASTING STATEMENT

Her Worship the Mayor, Councillor Tricia Hitchen read a statement advising that Council Meetings are recorded and webcast.

 

PRESENT

Her Worship the Mayor, Councillor Tricia Hitchen, Deputy Mayor Councillor John Thain, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Robin Cook, Kevin Crameri OAM, Sue Day, Ross Fowler OAM, Glenn Gardiner, Karen McKeown OAM,  Jonathan Pullen, Mark Rusev and Marlene Shipley.

 

APOLOGIES

154  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Mark Rusev that the apology be accepted for Councillor Mark Davies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 30 May 2022

155  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Rusev that the minutes of the Ordinary Meeting of 30 May 2022 be confirmed.

  

DECLARATIONS OF INTEREST

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 8 - Update on COVID Recovery - Special Purposes Grant, as he is the Public Officer for Llandilo Hall, which was successful in receiving a grant. Councillor Kevin Crameri OAM stated that he would leave the meeting during consideration of this item.

 

Councillor Marlene Shipley declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 - Centre Corporations - 2022-23 Business Plans, as she is a Director of St Marys Town Centre Limited.

 

 

 

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 - Centre Corporations - 2022-23 Business Plans and Item 9 - Adoption of Community Strategic Plan - Penrith 2036,+ 2022-32 Resourcing Strategy, Delivery Program 2022-26 and 2022-23 Operational Plan, as he is on the Board of St Marys Town Centre Limited. Councillor Bernard Bratusa stated that he would remain in the meeting during consideration of these items and take part in discussion on the matters but will not vote on the issues.

 

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North, as he is currently employed by Golf NSW who have a proposal for the Legacy Property Group. Councillor Bernard Bratusa stated that he would leave the meeting during consideration of this item.

 

Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 - Centre Corporations - 2022-23 Business Plans, as he is the Auditor for the Penrith CBD Corporation. Councillor Ross Fowler OAM stated that he would leave the meeting during consideration of this item.

 

Councillor Mark Rusev declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 - Centre Corporations - 2022-23 Business Plans, Item 9 - Adoption of Community Strategic Plan - Penrith 2036,+ 2022-32 Resourcing Strategy, Delivery Program 2022-26 and 2022-23 Operational Plan and Item 14 – WestInvest Program, as he is on the board of the Penrith CBD Corporation. Councillor Mark Rusev stated that he would remain in the meeting during consideration of these items and take part in discussion on the matters but will not vote on the issues.

 

Councillor Jim Aitken OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North. Councillor Jim Aitken OAM stated that he would leave the meeting during consideration of this item.

 

Her Worship the Mayor, Councillor Tricia Hitchen declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North, as she resides in Orchard Hills. Her Worship the Mayor Councillor Tricia Hitchen stated that she would leave the meeting during consideration of this item.

 

 

SUSPENSION OF STANDING ORDERS

156  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:07pm.

 

 

Ms Kylie McCausland

 

Report and Recommendations of the Local Traffic Committee Meeting held on 6 June 2022

 

Ms McCausland, affected citizen spoke against the recommendation in Item 7 of the Local Traffic Committee Meeting held on 6 June 2022 . Ms McCausland raised concerns regarding the lack of traffic safety in the vicinity of her residence at the intersection of Walter Street and Victoria Street, particularly in relation to the current buffer lane and speeding traffic. She also raised concerns in relation to the lack of parking availability for residents. Ms McCausland recommended that Council not approve the proposed works on the intersection of Walter Street and Victoria Street and reconsider the design by implementing speed humps and signage that indicates limited right-hand turns.

 

Ms Bea Sapina

 

Report and Recommendations of the Local Traffic Committee Meeting held on 6 June 2022

 

Ms Sapina, affected citizen spoke against the recommendation in Item 7 of the Local Traffic Committee Meeting held on 6 June 2022. Ms Sapina emphasised the need for the buffer lane as a safety buffer, particularly when experiencing the tailgating of vehicles when pulling into her driveway. Ms Sapina also expressed concerns in relation to the hazard of stormwater run off with the proposed lane.

 

Mr Mike Williams

 

Item 1 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North

 

Mr Williams spoke in support of the recommendations in Item 1 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North on behalf of Legacy Property. Mr Williams stated that this planning proposal in a significant milestone for the rezoning and is the best opportunity to provide new detached housing in the Penrith LGA. He also expressed appreciation on behalf of the Legacy Group for Council’s ongoing constructive engagement and reiterated that they remain committed to continue working collaboratively with Council to ensure that the planning proposal can be reported back after public exhibition.

 

Mr Damian Vella

 

Item 1 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North

 

Mr Vella spoke in support of the recommendations in Item 1 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North. Mr Vella stated that the rezoning will provide new opportunities for more affordable housing for future generations. Mr Vella also expressed positive feedback in relation to the work of the Legacy Property Group and their ability to deliver another successful development.

 

RESUMPTION OF STANDING ORDERS

157  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that Standing Orders be resumed, the time being 7:20pm.

 

  


 

 

Mayoral Minutes

 

1        Royce's Big Walk - raises almost $1Million for dementia research     

158  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on Royce's Big Walk - raises almost $1Million for dementia research be received.

 

2        Locals Recognised in 2022 Queen's Birthday Honours                        

159  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on Locals Recognised in 2022 Queen's Birthday Honours be received.

 

Reports of Committees

 

1        Report and Recommendations of the Access Committee Meeting held on 1 June 2022                                                                                    

160  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Robin Cook that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 1 June, 2022 be adopted.

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 6 June 2022                                                                     

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

That:

 

1.    The recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 June, 2022 be adopted.

 

2.    A report come back to Council regarding Item 7 -  Victoria Street Blackspot Project - Consultation Feedback and Endorsement of Design Plans AV39, AV40 and AV41.

 

 

Councillors Bernard Bratusa and Councillor Jim Aitken OAM left the meeting, the time being 7:37pm.

 

Her Worship the Mayor Councillor Tricia Hitchen vacated the Chair and left the meeting, and Deputy Mayor Councillor John Thain took the chair, the time being 7:37pm.


 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North                                                                                  

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

That:

1.     The information contained in the report on Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North  be received.

2.     The Planning Proposal for Orchard Hills North (RZ18/0004) be placed on public exhibition and agency consultation as soon as practical, concurrently with the draft Section 7.11 Contributions Plan, draft Development Control Plan, and VPA Letter of Offer which are attached or enclosed to this report.

3.     A report is prepared for Council to present the outcomes of the public exhibition and agency consultation.

4.     After exhibition of the Letter of Offer, a draft Voluntary Planning Agreement be reported to Council for endorsement for public notification.

5.     The Department of Planning and Environment be provided with an update on Council’s decision.

6.     Council officers investigate the development of a Section 7.12 plan for the LGA to deliver traffic works attributed to background growth.

 

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

For

Against

 

Councillor Todd Carney

 

Councillor Robin Cook

 

Councillor Kevin Crameri OAM

 

Councillor Sue Day

 

Councillor Ross Fowler OAM

 

Councillor Glenn Gardiner

 

Councillor Karen McKeown OAM

 

Councillor Johnathan Pullen

 

Councillor Mark Rusev

 

Councillor Marlene Shipley

 

Councillor John Thain

 

 

Councillors Bernard Bratusa and Councillor Jim Aitken OAM returned to the meeting, the time being 7:41pm.

 

Deputy Mayor, Councillor John Thain vacated the chair and Her Worship the Mayor Councillor Tricia Hitchen returned to the meeting and retook the chair, the time being 7:41pm.

 

2        Deed of Novation of Voluntary Planning Agreement for 731-769 Great Western Highway (French Street), Werrington                             

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

That:

1.     The information contained in the report on Deed of Novation of Voluntary Planning Agreement for 731-769 Great Western Highway (French Street), Werrington be received

2.     Council endorse the draft Deed of Novation Deed of Novation of Voluntary Planning Agreement for 731-769 Great Western Highway (French Street), Werrington for execution.

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

4.     The Common Seal of the Council of the City of Penrith be affixed to any necessary legal documents.

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

For

Against

 

Councillor Jim Aitken OAM

 

Councillor Bernard Bratusa

 

Councillor Todd Carney

 

Councillor Robin Cook

 

Councillor Kevin Crameri OAM

 

Councillor Sue Day

 

Councillor Ross Fowler OAM

 

Councillor Glenn Gardiner

 

Councillor Tricia Hitchen

 

Councillor Karen McKeown OAM

 

Councillor Johnathan Pullen

 

Councillor Mark Rusev

 

Councillor Marlene Shipley

 

Councillor John Thain

 

 

3        Faster Local Assessment Grant Program                                               

164  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marlene Shipley

That:

1.     The information contained in the report on Faster Local Assessment Grant Program be received.

2.     Council proceed with a funding agreement with the Department of Planning and Environment for the Faster Local Assessment Grant Program.

3.     Council write to the Minister for Planning, thanking the Department of Planning and Environment for the offer to participate in the Faster Local Assessment Grant Program.

 

 

Councillor Ross Fowler OAM left the meeting, the time being 7:44pm.

 

 

Outcome 4 - We have safe, vibrant places

 

4        Centre Corporations - 2022-23 Business Plans                                      

165  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Sue Day that the information contained in the report on Centre Corporations - 2022-23 Business Plans be received.

 

Outcome 6 - We are healthy and share strong community spirit

 

5        Youth Week 2022                                                                                        

166  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Robin Cook that the information contained in the report on Youth Week 2022  be received.

 

Councillor Ross Fowler OAM returned to the meeting, the time being 7:46pm.

 

6        Request for Major Event Sponsorship - Regatta Restaurant and Bar Pty Ltd (t/a Lakeside Restaurant)                                                             

167  RESOLVED on the MOTION of Councillor Glenn Gardiner seconded Councillor Marlene Shipley

That:

1.     The information contained in the report on Request for Major Event Sponsorship - Regatta Restaurant and Bar Pty Ltd (t/a Lakeside Restaurant) be received

2.     Council endorse $5,000 (plus GST) in sponsorship to the Regatta Restaurant and Bar Pty Ltd in support of the ‘An Afternoon with James Morrison’ event to be held 30 October 2022.

 

 

7        Disability Inclusion Action Plan 2022-2026 - Final document               

168  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Robin Cook

That:

1.     The information contained in the report on Disability Inclusion Action Plan 2022-2026 - Final document be received

2.     The Disability Inclusion Action Plan 2022-26 be endorsed as final and submitted to the Department of Communities and Justice

3.    An amount of $16,666 be allocated from each Ward’s voted works to fund the stretch events.

 

Councillor Kevin Crameri OAM left the meeting, the time being 7:53pm.

 

8        Update on COVID Recovery - Special Purposes Grant                          

169  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the information contained in the report on Update on COVID Recovery - Special Purposes Grant  be received.

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 7:53pm.

 

 

Outcome 7 - We have confidence in our Council

 

9        Adoption of Community Strategic Plan - Penrith 2036,+ 2022-32 Resourcing Strategy, Delivery Program 2022-26 and 2022-23 Operational Plan                                                                                         

170  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Glenn Gardiner

That:

1.     The information contained in the report on Adoption of Community Strategic Plan - Penrith 2036,+ 2022-32 Resourcing Strategy, Delivery Program 2022-26 and 2022-23 Operational Plan be received.

2.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2021, Council adopt the Penrith 2036+ Community Strategic Plan, 2022 Resource Strategy, 2022-26 Delivery Program, 2022-23 Operational Plan (Including 2022-23 Fees & Charges), including proposed changes outlined in this report, and any amendments made at tonight’s meeting

3.     Council agree to underwrite the operations of Penrith Whitewater Stadium Limited and Penrith Performing and Visual Arts Ltd until the presentation of the respective Annual Reports for 2022-23.

4.     Council adopt the following to make the Rates and Charges for 2022-23:

a.    Ordinary Rate: Council make its Residential, Business and Farmland rates for 2022-23 in accordance with Section 535 of the Local Government Act 1993 such rate to be as follows:

Category

Minimum Amount

Ad Valorem

Residential

$1,184.50

0.00350126

Residential – Rural Area

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

$1,184.50

0.00301519

Residential – Rural Residential 2 to 40 Hectares

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

$1,184.50

0.00301519

Farmland

$1,184.50

0.00175063

Business

$1,444.00

0.00566547

Business – Penrith CBD

$1,444.00

0.00794016

Business – St Marys Town Centre

$1,444.00

0.00852795

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

c.    Domestic Waste Charges: Council make its Domestic Waste Service charge in accordance with Section 496 of the Local Government Act 1993 and the 2022-23 Operational Plan and 2022-23 Fees & Charges.

d.    Effluent Charges: Council make its annual charge for effluent removal services as outlined in the report and the 2022-23 Operational Plan and 2022-23 Fees & Charges.

 

 

10      Model Code of Meeting Practice                                                               

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

That:

1.     The information contained in the report on Model Code of Meeting Practice be received

2.     The Code of Meeting Practice attached to this report be adopted as the Council’s Code of Meeting Practice with Clause 5.2 being amended to provide for live audio broadcast

3.     The General Manager being authorised to make minor administrative amendments to the Code of Meeting Practice.

 

 


 

 

11      Council Property - Lease Agreement - Joan Sutherland Performing Arts Centre - 597- 599 High Street Penrith                                               

172  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Glenn Gardiner

That:

1.     The information contained in the report on Council Property - Lease Agreement - Joan Sutherland Performing Arts Centre - 597- 599 High Street Penrith be received

2.     Council approve the proposed new lease as per the terms and conditions listed in this report

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

 

 

12      Plan of delimitation over Council's land located at 6 Cox Avenue Kingswood (Part of lot 1 DP 198211)                                                        

173  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on Plan of delimitation over Council's land located at 6 Cox Avenue Kingswood (Part of lot 1 DP 198211) be received.

2.     Council undertake and register the delimitation plan with NSW Land Registry Services to facilitate the boundary definition of the land as part of the Kingswood Commuter Carpark Upgrade Project.

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

 

13      Proposed easement over Council's land located at Lot 349 and Lot 350 DP14333, 5A Stafford Street Kingswood                                          

174  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown OAM

That:

1.     The information contained in the report on Proposed easement over Council's land located at Lot 349 and Lot 350 DP14333, 5A Stafford Street Kingswood be received

2.     Council support the creation of an easement over Lot 349 and Lot 350 DP14333, on the terms and conditions detailed within this report.

3.     The compensation received be allocated to the Property Reserve for future development opportunities.

 

 

4.     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.

 

 

14      WestInvest Program                                                                                   

175  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM

That:

1.   The information contained in the report on WestInvest Program be received

2.   The action taken by Council staff under the WestInvest Program as detailed in the report, and the list of projects listed in Appendix 1, be endorsed.

3.   Council thanks and congratulates the team of Council Officers led by Governance Manager, Glenn McCarthy, for their efforts in relation to the WestInvest program.

 

 

15      Summary of Investment & Banking for the period 1 May 2022 to 31 May 2022                                                                                                      

176  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Sue Day

That:

1.     The information contained in the report on Summary of Investment & Banking for the period 1 May 2022 to 31 May 2022 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 May 2022 to 31 May 2022 be noted and accepted.

3.     The graphical Investment Analysis as at 31 May 2022 be noted.

 

 

URGENT BUSINESS

 

UB 1           Removal of Graffiti at St Stephen's Church 

Councillor John Thain  requested that an amount of $1,000 be allocated from each Ward’s voted works to St Stephen’s Anglican Church, Penrith to assist them with the removal of graffiti on their stain glass windows.

177  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the matter be brought forward and dealt with as a matter of urgency.

 

Her Worship the Mayor Councillor Tricia Hitchen ruled that the matter was urgent and should be dealt with at the meeting.

 

178  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that an amount of $1,000 be allocated from each Ward’s voted works to St Stephen’s Anglican Church, Penrith to assist them with the removal of graffiti on their stain glass windows.

 

UB 2           Proposed Incinerators at Eastern Creek      

Councillor Todd Carney requested that Council write to the relevant Minister in relation to Council’s objection of the proposed incinerators at Eastern Creek.

179  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Robin Cook that the matter be brought forward and dealt with as a matter of urgency.

Her Worship the Mayor Councillor Tricia Hitchen ruled that the matter was urgent and should be dealt with at the meeting.

180  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Robin Cook that Council write to the relevant Minister in relation to Council’s objection of the proposed incinerators at Eastern Creek.

 

UB 3           Donation to the Potter's Society

Councillor Marlene Shipley requested that an amount of $3,330 plus GST be allocated from the East Ward’s voted works to the Potter’s Society to assist with the repairing of their kiln.

181  RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor John Thain that the matter be brought forward and dealt with as a matter of urgency.

 

Her Worship the Mayor Councillor Tricia Hitchen ruled that the matter was urgent and should be dealt with at the meeting.

 

182  RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor John Thain that an amount of $3,330 plus GST be allocated from the East Ward’s voted works to the Potter’s Society to assist with the repairing of their kiln.

 

 

UB 4           RFS Assets in Financial Statements   

Councillor Ross Fowler OAM requested a memorandum to all Councillors in relation to the requirement for Council’s to include RFS assets in their financial statements under the Local Government Act.

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

Her Worship the Mayor Councillor Tricia Hitchen ruled that the matter was urgent and should be dealt with at the meeting.

 

184  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain requested a memorandum to all Councillors in relation to the requirement for Council’s to include RFS assets in their financial statements under the Local Government Act.

 

 

Committee of the Whole

 

185  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:41pm.

 

1        Presence of the Public

 

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

 

 

Outcome 7

 

2        Planning Ministerial Corporation Land Transfer to Penrith City Council for Recreational Purposes                                                                                                     

 

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

 

3        Unsolicited Proposal to Purchase Lang and Kokoda Park - Detailed Proposal Reassessment                                                                                                                   

 

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

 

 

The meeting resumed at 8:58pm and the General Manager reported that the Committee of the Whole met at 8:41pm on 27 June 2022, the following being present

 

Her Worship the Mayor, Councillor Tricia Hitchen, Deputy Mayor Councillor John Thain, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Robin Cook, Kevin Crameri OAM, Sue Day, Ross Fowler OAM, Glenn Gardiner, Karen McKeown OAM,  Jonathan Pullen, Mark Rusev and Marlene Shipley.

 

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        Planning Ministerial Corporation Land Transfer to Penrith City Council for Recreational Purposes                                                                                                     

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM   

CW2 That:

1.     The information contained in the report on Planning Ministerial Corporation Land Transfer to Penrith City Council for Recreational Purposes be received

2.     Council accept the transfer of the land outlined in Table 1 – Schedule of Lands in accordance with the terms and conditions listed in the report.

3.     Council resolve to classify the land in the schedule as Community Land in accordance with s.31 of the Local Government Act 1993.

4.     A public positive covenant and a caveat be registered over the land to protect the interests of each party as outlined in the Land Transfer Agreement with transfer of the lands.

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

 

3        Unsolicited Proposal to Purchase Lang and Kokoda Park - Detailed Proposal Reassessment                                                                                                                   

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor  Todd Carney  

CW3 That:

1.     The information contained in the report on the Unsolicited Proposal to Purchase Lang and Kokoda Park - Detailed Proposal Reassessment be received

2.     This matter be deferred and that the proponent provide further information and present at the Councillor Briefing on 4 July 2022.

 

 

 

ADOPTION OF Committee of the Whole

 

186  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Mark Rusev that the recommendations contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.

 

 

 

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

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                               

   


Mayoral Minutes

 

Item                                                                                                                                       Page

 

1        Passing of Glenn Sargeant OAM                                                                                       1

 

2        2022 Local Celebration Award Winners                                                                            3

 

 

 

 



Ordinary Meeting                                                                                                    25 July 2022

 

Mayoral Minute

Passing of Glenn Sargeant OAM

           

 

It is with sadness that I acknowledge the recent passing of visionary educator and former teacher at St Mary’s High School, Mr Glenn Sargeant OAM.

 

Glenn will be remembered as an outstanding ambassador for education and one of Western Sydney’s most highly respected school principals.

 

Glenn started his teaching career at St Marys High School before moving to Warren Central School in north western NSW. He then returned to Western Sydney, to serve as Principal at Plumpton High School from 1987 until his retirement in 2004.

 

In 1998, Glenn initiated the Business Education Foundation, a program that links students to corporations and local business figures. 

 

In the early 1990’s, Glenn pioneered one of Australia’s most admired educational programs, the ‘Young Mothers’ Program’ at Plumpton High School.

 

He developed the program to support teenage mothers to finish their education and expand their options after they graduated, with the objective of helping the girls retain their independence and stay off welfare.

 

Through Glenn’s innovation and compassion, the program provided a practical support system for young mothers based around the principle of inclusion, with many features modelled on flexible workplace practices.

 

The program gained national recognition in 2003 after ABC TV aired a four-part documentary series ‘Plumpton High Babies’, and follow-up documentary ten years later.

 

The documentaries highlighted both the challenges and rewards of the groundbreaking program. A third of the 200 girls who participated in the program went on to university, others to successful jobs and happy marriages.

 

In 2004, Glenn was awarded the Medal of the Order of Australia for his compassion, leadership and service to education and to youth. He was named the 2003 New South Wales Community Father and was twice nominated for Australian of the Year.

 

Today, the ‘Young Mothers’ Program’ is being emulated by schools in NSW, Victoria, Western Australia, Queensland and the United Kingdom – a testament to Glenn’s visionary program.

 

On behalf of Council and all those who benefitted from Glenn’s leadership and support, I extend my sincere condolences to his wife Lesley and family.

 

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Councillor Tricia Hitchen

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on Passing of Glenn Sargeant OAM be received.

 


Ordinary Meeting                                                                                                    25 July 2022

 

Mayoral Minute

2022 Local Celebration Award Winners 

           

 

I am thrilled to acknowledge the recipients of Penrith City Council’s second Local Celebration Awards.

 

This annual award program replaced and refreshed our long-standing local Australia Day Awards and continues the tradition of recognising people who make a positive difference in our community.

 

Last year, in the first year of our Local Celebration Awards, eight outstanding recipients were chosen across four award categories from a long list of nominees.

 

This year we are recognising 12 exceptional people from a similarly long list of high-calibre nominees, all of them doing wonderful work for the benefit of our community.

 

I’d like to announce this year winners.

 

The 2022 Penrith Citizen of the Year is Steven Green.

 

Steven has dedicated many thousands of hours to volunteering for numerous community organisations throughout Penrith and NSW. He began his volunteering work with St John Ambulance as a Cadet at age 13, eventually becoming a Headquarters Staff Officer and moving into roles such as Divisional Superintendent. Steven has provided first aid care at many local community and sporting events, is the Public Officer and acting Secretary for the Enrolled Nurse Professional Association based in Kingswood, a national Director for the Wireless Institute of Australia, and the President of the Blue Mountains Amateur Radio Club. In addition to serving on several boards and executive committees, Steven also devotes time to providing pastoral care and chaplaincy to nursing home residents and mental health patients in hospital, as well as peer support to emergency service personnel. He is also on-call for the NSW Police when a support person is needed for local youths and those with disabilities.

 

The 2022 Mayor’s Local Heroes are Ditte Kozak and Lisa Harrold.

 

Ditte Kozak has spent the past 27 years working with Nepean Food Services’ Meals on Wheels, a community service that provides meals and social support for aged people and people living with disability. Ditte works hard to coordinate an incredible cross-section of volunteers who not only help to deliver the meals to clients but also complete a general health and wellbeing check at each visit. Ditte is passionate and proud of the work that she performs to help keep people at home, make connections in the community and giving people quality of life. Recently, Ditte has been working alongside Penrith Council as a member of their COVID-19 Taskforce, helping to ensure that the community recovers after lockdowns and to build relationships with local businesses and organisations such as Westcare, Nepean Migrant Access, Nepean Volunteer Services, Penrith Seniors and many more.

 

Lisa Harrold has been a long-term advocate for connecting patches of critically endangered native vegetation within the Penrith LGA and the creation of habitat corridors. She has worked tirelessly to ensure the conservation of the Mulgoa Nature Reserve, Mulgoa Creek, Mulgoa’s Fernhill Estate and the Wianamatta Nature Reserve. Lisa’s environmental project work also includes the establishment of the Crossman Reserve Bushcare group, restoration works targeting African Olive at Shale Cliffs, and platypus eDNA research with Western Sydney University. In 1995, Lisa founded the Mulgoa Valley Landcare Group, a small group of volunteers who dedicate their time to restoring the bushland of the Mulgoa Valley and the Mid Week Mulgoa Weeders at Mulgoa’s Gow Park. Lisa is also a keen member of the Penrith Council Bushcare volunteer program.

 

 

The 2022 Community Service award recipients are Kenani Banda, Michelle Barnes, Maria Quartiero, Vivienne Ross, Irene Rossetto, Jim Ward, Milton Lazarus, Alan Fowkes, and David Andersen.

 

Kenani Banda is a leading elder of the Zimbabwe community in Penrith, volunteering his time to help settle newly arrived Zimbabweans within the local community. He works regularly with Zimbabwe youth to encourage community relations through sporting programs; and in 2018 played a key role in organising the hugely successful Zimpride community soccer tournament held at Jamison Park. Kenani also dedicates his time as a committee member for Angels of Mercy Welfare Services, an organisation that provide access to social services for Sudanese communities and others. 

 

Michelle Barnes has been the President of the Jordan Springs Netball Club since 2016 and is a passionate advocate for the club’s growth and success at the Village Oval. During its first year of operation, the club received an overwhelming response from the community with 11 teams registering to play in the Penrith District Netball Association Competition. Since then, the club has continued to go from strength to strength and gain new members thanks to the tireless efforts of Michelle’s work and support from the local community.

 

Maria Quartiero is a biological mother of three, adopted mum of one and a foster parent to more than 86 children. She is a case worker for hundreds of women and families in the Penrith area and a chaplain to thousands of students as part of her role at Diamond Women. Maria also volunteers her time as a chaplain with the Disaster Recovery Chaplaincy Network and at disaster evacuation centres during times of need. 

 

Vivienne Ross is nominated for her role as volunteer group leader with the Nepean and Blue Mountains Parkinson's support group run by Parkinson’s NSW, which she joined following her husband Barry’s diagnosis with Parkinsons in 2007. The group seeks to improve the lives of those with Parkinson’s and their carers with activities including dance, singing and exercise classes to help movement and voice, and carers’ lunches. Vivienne also visits other community groups to give talks on Parkinson’s, and, along with Barry, is part of a committee run by Parkinson’s NSW to formulate a professional development education module for health workers and those with Parkinson’s, and a committee run by Anglicare to make Penrith more dementia friendly.

 

Irene Rossetto is nominated for her long-term commitment to running the Jamisontown Uniting Church Community Op Shop, which sadly closed in July this year. In addition to running the op shop, the mother of seven has found time to volunteer in a variety of roles within the community including Penrith City Garden Club, Thornton community garden and Nepean Hospital palliative care unit. While the op shop will be sorely missed, Irene’s contributions have made a tremendous impact within our community. 

 

This year we are recognising a number of our Bushcare volunteers in our Making a Difference – Community Service Award: Jim Ward, Milton Lazarus, Alan Fowkes, and David Andersen, who collectively contribute a staggering amount of time to maintaining our parks and waterways as part of Penrith City Council’s Bushcare program.

 

Jim Ward has been participating in the program for 18 years, amassing more than 1,000 volunteer hours since joining in 2004. Jim’s weed eradication and native plant identification skills are legendary, he has documented native species for many reserves through Penrith, Sydney and the Blue Mountains. Prior to volunteering for Bushcare in the Penrith LGA, Jim campaigned to turn the Field of Mars into a nature reserve that’s since become home to a wide range of native flora and fauna and even an education centre for schools. Over the past 25 years, Jim has also volunteered his time with the Penrith and St Marys Police, Anglicare Emergency Services Nepean-Blue Mountains group and the Salvation Army.

 

Alan Fowkes and Milton Lazarus are nominated for their roles in co-founding the Bass Sydney Fishing Club Bushcare group at Emu Green Reserve. The group dedicates their time to improving the health of our waterways and has been instrumental in transforming the site on the banks of the Nepean River.

 

Milton serves as coordinator of the group to help with administration tasks and rallying volunteers. Milton has volunteered over 300 hours, attended over 100 sessions and, as he lives outside the area, driven more than 9,000 kilometres in order to attend the monthly meetups.

 

Alan provides valuable support and advice for the delivery of grants at the Emu Green Reserve, such as the Windsor to Weir project, supported by the NSW Environmental Trust grant from 2015 to 2018, and the fish habitat restoration works delivered with funding from the NSW Department of Primary Industries Fisheries’ Recreation Fishing Trust’s, Habitat Action Grant Program. Alan is also a keen amateur photographer with a strong interest in birds and has conducted numerous bird surveys at the site and documented 102 species - and counting.

 

And finally, another dedicated Bushcare volunteer being recognised for community service this year is David Andersen, who has been involved in Penrith City Council’s Bushcare volunteer program since February 2021. During this time, David has made a significant contribution, attending over 50 volunteering sessions and cheerfully dedicating over 150 hours to weed removal, planting native species and general site care.

 

I would like to congratulate all of our 2022 Local Celebration Award recipients and thank them for their wonderful contribution to our City. We will recognise these outstanding community members at a celebration to be held on 7 September, 2022.

 

 

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Councillor Tricia Hitchen

Mayor

  

 

RECOMMENDATION

That the Mayoral Minute on 2022 Local Celebration Award Winners  be received.

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Heritage Advisory Committee Meeting held on 15 June 2022                                                                                                                           1

 

 

 



Ordinary Meeting                                                                                                    25 July 2022

 

REPORT AND RECOMMENDATIONS OF THE
 Heritage Advisory Committee MEETING

HELD ON 15 June, 2022

 

 

 

PRESENT

Councillor Ross Fowler OAM (Chair), Councillor Mark Rusev, Peter Wood (PCC), James Heathcote (PCC), Abby Younan (PCC), Richard Ward, Beth Moore, Marie Koen (attending on behalf of Norma Thorburn), Wendy Herne and Stephen McKenzie.

 

APOLOGIES

The apologies from Anne Marie Bonner and Jennine Leonarder Collins were accepted.

 

 

CONFIRMATION OF MINUTES - Heritage Advisory Committee Meeting - 6 April 2022

The minutes of the Heritage Advisory Committee Meeting of 6 April 2022 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1       Heritage Assistance Fund 2021/2022

Council staff presented a slideshow to the Committee showing before and after images of applicants that successfully completely restoration to their properties from heritage assistance fund grants. Budgeting and the number of applications received was discussed by the Committee and clarified by Council staff. The Committee formally thanked relevant Council staff for their assistance in organising the Heritage Assistance Fund advertising and application process.

 

RECOMMENDED

          That:

1.     The information contained in the report on Heritage Assistance Fund 2021/2022 be received.

2.     Supported Heritage Grant Funding applications be given a 2-year period for works to be completed.

3.    A formal thank-you to Council staff is given for their efforts with the Heritage Assistance funding application process. 

 


 

 

2      Heritage Advisory Committee Membership

Council staff spoke to the report regarding the advertising process for the Heritage Advisory Committee membership, which will commence in July for new committee members. The Committee were advised that the application process is open to existing committee members as well as the general public. The existing committee members will be advised in writing with the appropriate procedure on how they can reapply.

 

Council staff clarified that any heritage group can nominate an individual from their group to be their representative on Council’s Heritage Advisory Committee, but it would be the individual who would be the member. The membership expression of interest will be advertised in the Western Weekender. Council staff invited any additional questions from the committee regarding this process and recognised the existing committee members for their contribution to heritage conservation.

 

RECOMMENDED

That the information contained in the report on Heritage Advisory Committee Membership be received.

 

GENERAL BUSINESS

 

GB 1           Heritage Walk   

The Committee highlighted the success of the Heritage Walk application and that it is getting the general public interested in Heritage in the Penrith LGA.

 

The Committee questioned whether other suburbs can be included into the heritage walk. Council staff advised that other areas are being explored for addition to the application.

 

GB 2           Nepean River Walk    

The Committee advised that there is currently a tree blocking a portion of the weir at the river where people do the river walk. Council staff will relay to the relevant department.

 

GB 3           Emu Plains Post Office      

Council Staff advised further to last meeting that an inspection of the Emu Plains Post Office site by Council’s Heritage consultant is pending a structural engineer assessment on the building Property Department have identified. Council staff clarified previous general business questions from Committee members appear to relate to two different signage types. Any signage identifying the heritage significance needs to be informed by land use and signage guidelines currently in draft form. Council’s Property Department have stated there are no intentions to sell or lease this building at this time hence advertising signage is not appropriate.

 

GB 4           Next Heritage Advisory Committee Meeting         

The future meeting date is currently tentative at this stage due to advertising of membership which then must be reported to Council ahead of the next Heritage Meeting. Council staff will advise the committee of the future meeting date once the Committee members are nominated. The next meeting date is to be confirmed and possibly in September instead of August.

 

There being no further business the Chairperson declared the meeting closed the time being 5:45PM.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Heritage Advisory Committee meeting held on 15 June, 2022 be adopted.

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Outcome 1 - We protect and enhance an ecologically sustainable environment

 

1        NSW Environmental Trust - Organics Collections Grants Program                                  1

 

2        Resilience Committee - Community and Professional Membership                                 4

 

 

Outcome 2 - We are welcoming, healthy, happy and connected

 

3        Request for Major Event Sponsorship - Australian Waterski and Wakeboard Federation Limited (t/a Wakeboard Australia)                                                                                      9

 

4        Request for Major Event Sponsorship - Band Association of NSW Incorporated          13

 

5        Request for Major Event Sponsorship - Veterans Cricket NSW Association Incorporated                                                                                                                                           17

 

 

Outcome 3 - We plan and shape our growing City

 

6        Affordable Rental Housing Contribution Scheme Planning Proposal   

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                23

 

7        Planning Proposal to amend Penrith LEP 2010 - Glenmore Park Stage 3 - draft Development Control Plan and draft Contributions Plan

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                41

 

8        Voluntary Planning Agreement offer by Altis Frasers for the Yards Estate 657-769 Mamre Road, Kemps Creek

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                56

 

 

Outcome 4 - We manage and improve our built environment

 

9        Grant Acceptance - Metropolitan Greenspace Program                                                 63

 

10      Multi-Sport Community Facility Fund - Grant Acceptance                                              67

 

11      RFT21/22-09 Woodriff Gardens Tennis                                                                           71

 

12      RFT22/23-01 Surveyors Creek Footpath and Associated Civil Works                           75

 

13      RFT22/23-07 City Park Landscape Construction and Allen Place Lane Construction Tender                                                                                                                                           80

 

 

 

Outcome 5 - We have open and collaborative leadership

 

14      Local Government NSW Annual Conference 2022                                                         87

 

15      Summary of Investment & Banking for the period 1 June 2022 to 30 June 2022           92

 

 

 


Outcome 1 - We protect and enhance an ecologically sustainable environment

 

Item                                                                                                                                       Page

 

1        NSW Environmental Trust - Organics Collections Grants Program                                  1

 

2        Resilience Committee - Community and Professional Membership                                 4

 

 

 

 



Ordinary Meeting                                                                                                    25 July 2022

 

 

 

1

NSW Environmental Trust - Organics Collections Grants Program   

 

Compiled by:               Tracy Chalk, Waste and Resource Recovery Manager

Authorised by:            Brian Steffen, Director - City Services  

 

Outcome

We protect and enhance an ecologically sustainable environment

Strategy

Strengthen sustainability and climate resilience

Principal Activity

Help our residents and businesses understand how they can increase resource recovery, reduce waste and reduce carbon footprint

      

 

Executive Summary

In the Councillor Bulletin of 1 July 2022, Councillors were provided advice that the NSW Waste and Sustainable Materials Strategy 2041 mandates: “separate collection of food and organics from all NSW households by 2030”. Information on the NSW Strategy was also provided with a further briefing scheduled. 

Multi-Unit Dwellings (MUDs) remain the only residential properties that do not have complete access to the Food Organics and Garden Organics (FOGO) service.

In recognition of Penrith City Council’s leadership in FOGO, the NSW Environmental Trust has approved grant funding of $521,824.00 to support a trial to test various education and infrastructure approaches to achieve maximum participation whilst minimising contamination within MUDs. 

It will be recommended that Council accepts the $521,824.00 (ex GST) grant funding from the NSW Environmental Trust to support this trial.

Background

Penrith City Council is a recognised leader in the provision of a Food Organics and Garden Organics (FOGO) service to the majority of its residents since 2009.

The success of this service not only positively contributes to circular economy but has provided stability through many challenging events (e.g., China Sword Policy, including the ban on all waste exports, and the NSW EPA ban on mixed waste outputs to landfill). Council’s Domestic Waste Charge remains one of the lowest in the Sydney Metropolitan Area.

Current Situation

As part of Penrith’s ongoing commitment to resource recovery and diversion of waste from landfill, a best practice trial Food Organics Garden Organics (FOGO) service is proposed to roll out to a representative sample of Multi-Unit Dwellings (MUDs) across the Local Government Area.

 

This trial has been prompted by requirements set out in the NSW Waste and Sustainable Materials Strategy 2041 which mandates: “separate collection of food and organics from all NSW households by 2030.”

 

Selected trial properties on a 2-bin collect and return service will have a green-lidded FOGO bin added to their service options. Red-lidded residual waste bins and yellow-lidded recycling bins will continue to be serviced as per the existing collect and return schedule. The new FOGO bins will be serviced by Veolia as part of Council’s existing contract with the contents being taken to Australian Native Landscapes for commercial composting. 

 

Just like the Penrith residents who are currently on the FOGO service, all participants will be provided with a kitchen caddy, Council-supplied green compostable bags and helpful sorting information. Resource Recovery Education Officers will be available during and post rollout to provide ongoing support, closely monitoring the progress of the trial.

 

The project creates the opportunity for all residents to have equal access to Council’s successful, sustainable FOGO program. The results of this trial will inform future decisions regarding best practice for the rollout of FOGO to all residents in accordance with the NSW Waste and Sustainable Materials Strategy 2041 mandate.  

 

Waste Officers have previously consulted with Strata Committees in the successful implementation of the collect and return service for MUDs. Council’s Resource Recovery Education Officers and Resource Recovery Field Team will re-engage with Strata Committees and residents of MUDs to identify and determine participants for the trial.

 

The education material provided for the proposed trial will be aligned with Council’s current communications strategy to ensure consistency of messaging. 

 

Financial Implications

The NSW Environmental Trust has approved grant funding of $521,824.00 to support a trial to test various education and infrastructure approaches to achieve maximum participation whilst minimising contamination within MUDs.  Funds provided by the NSW Environmental Trust are secured by Deed of Agreement, including a milestones progress report. On Council approval of the project, the first instalment provided by the Trust will be $260,912.00. Council will provide in-kind support through the Resource Recovery Education and Field Teams and existing waste collection and processing contracts.

Risk Implications

There are no current risk implications for Council. This project addresses the issues of inequity of service and potential for non-compliance with Council’s Penrith Waste and Resource Strategy (2017-2026) and the NSW Waste and Sustainable Materials Strategy 2041 that mandates: “separate collection of food and organics from all NSW households by 2030”.

Conclusion

In accepting the NSW Environmental Trust Organics Collections Grants Program grant, Council will benefit from the uptake of best practice education programs for establishing a Food Organics and Garden Organics (FOGO) service for Multi-Unit Dwellings (MUDs).  

It is recommended that Council accepts the $521,824.00 (ex GST) grant funding from the NSW Environmental Trust to support the trial to test various education and infrastructure approaches to achieve maximum participation whilst minimisation contamination within Multi-Unit Dwellings (MUDs). 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on NSW Environmental Trust - Organics Collections Grants Program be received

2.     Council accepts the $521,824.00 (ex GST) grant funding from the NSW Environmental Trust to support this trial.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    25 July 2022

 

 

 

2

Resilience Committee - Community and Professional Membership   

 

Compiled by:               Belinda Atkins, Sustainability and Resilience Lead

Authorised by:            Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We protect and enhance an ecologically sustainable environment

Strategy

Strengthen sustainability and climate resilience

Principal Activity

Identify, support, develop and deliver initiatives to respond to a changing climate (including cooling the city and resilience initiatives)

      

 

Executive Summary

Council’s Resilience Committee will recommence for a new term until August 2024. The Resilience Committee comprises Councillor representatives, community members and nominated representatives from professional organisations.

 

A report was provided to the Councillor Briefing held on 11 July regarding the proposed appointment of five (5) community members and professional member organisations to the Resilience Committee. This report seeks Council endorsement of the professional and community membership to the Resilience Committee.

Background

In 2017, Council established the Resilience Committee to provide advice to Council on opportunities to improve the resilience of Penrith City and how to integrate resilience within the activities and decision making of Council. The Resilience Committee membership term ended in late 2021. The new Resilience Committee term will extend to August 2024 to align with the Council term.

 

The Committee will focus on assisting Council to embed resilience principles and action and will play an advisory role in Council’s implementation of the Resilient Penrith Action Plan 2021-2030.

 

Councillor representatives on the Resilience Committee were nominated and resolved at the Council meeting on 10 January 2022. The Councillor representatives include Clr Robin Cook, Clr Sue Day, Clr Karen McKeown OAM and Clr Mark Rusev.

 

An expression of interest process was undertaken for the nomination of community members, with information provided on Council’s website, Sustainability e-news and public notices placed in the local paper. A process was also undertaken to identify and invite, via letter, professional organisations to nominate a representative to sit on the Resilience Committee to provide specialist expert knowledge and advice.

Current Situation

Community Membership

Council received a good response from the community through the expression of interest process. Nine (9) applications were received from applicants nominating to participate as community representatives on the Resilience Committee. The calibre of applications was high with respect to understanding of resilience, experiences, knowledge, and areas of interest. Applications were assessed on merit based on the following criteria:

·    Are a Penrith resident, or work and/or study in the Penrith LGA

·    Understanding of resilience and sustainability principles

·    Demonstrate their area of interest and experience in building the resilience of Penrith

·    A willingness to participate actively in meetings, and in any additional sub-committee/project groups that may arise.

Based on the rating outcome from the assessment of the selection criteria, it is recommended that five (5) applicants be appointed to the Resilience Committee as community representatives for the Committee term, with extension of appointment beyond this term if required.

These applicants are:

·    Nevin Sweeney

·    Daniel Angus

·    Carina Fernandes

·    Aditi Verma

·    Marzi De Santi

  Professional Organisation Representatives

The professional organisations that have accepted the invitation to provide a representative to sit on the Resilience Committee are as follows:

·    Western Sydney University

·    Nepean Blue Mountains Local Health District

·    Link Wentworth

·    Resilience NSW

·    Office of Energy and Climate Change

·    Resilience NSW / Department of Planning and Environment (Joint membership)

 

Resilience NSW and Department of Planning and Environment are working together in the resilience space and will provide one representative and one alternate jointly on behalf of the two organisations.

Whilst Resilient Sydney will not be a professional member of the Resilience Committee, they are keen to support the work of Council and share their expertise and experiences with the Committee and will take up the role of an observer and/or presenter to the Committee as appropriate. 

 

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 expertise of the professional organisations, and the knowledge and experiences of the community members alongside the nominated Councillor representatives will provide a good breadth and depth to the Resilience Committee, enhancing the capacity to respond to the five directions for building resilience within the Resilient Penrith Action Plan.

 

RECOMMENDATION

That:

1.     The information contained in the report on Resilience Committee - Community and Professional Membership be received

2.     The nominated professional organisations, and the five (5) community members selected through the expression of interest process outlined in the report, be appointed for the term of the Resilience Committee until August 2024, with an extension beyond this term if required.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 2 - We are welcoming, healthy, happy and connected

 

Item                                                                                                                                       Page

 

3        Request for Major Event Sponsorship - Australian Waterski and Wakeboard Federation Limited (t/a Wakeboard Australia)                                                                                      9

 

4        Request for Major Event Sponsorship - Band Association of NSW Incorporated          13

 

5        Request for Major Event Sponsorship - Veterans Cricket NSW Association Incorporated                                                                                                                                           17

 

 

 

 

 



Ordinary Meeting                                                                                                    25 July 2022

 

 

 

3

Request for Major Event Sponsorship - Australian Waterski and Wakeboard Federation Limited (t/a Wakeboard Australia)   

 

Compiled by:               Shelley Lee, Activation and Event Development Officer

Beau Reid, Place and Activation Coordinator

Authorised by:            Megan Whittaker, City Activation, Community and Place Manager

Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are welcoming, healthy, happy, creative and connected

Strategy

Support and provide opportunities to participate in activities and events that celebrate our diversity, culture and creativity

Principal Activity

Conduct and support events that include all members of our community

      

 

Executive Summary

The purpose of this report is to present to Council an event sponsorship proposal received from Australian Waterski and Wakeboard Federation Limited (t/a Wakeboard Australia) to support the delivery of the 2022 Cable Wakeboard National Championships from 19-24 September 2022. The event is to be held at Cables Wake Park, Penrith.

This report provides Council with details of the sponsorship proposal received, including the proposed sponsorship benefits and an assessment of the proposal.

Wakeboard Australia has sought Council sponsorship of $30,000 (plus GST). Council officers estimate the event could deliver approximately $723,000 in local economic benefit.

This report recommends that Council offers sponsorship of $10,000 (plus GST) for the 2022 Cable Wakeboard National Championships event to be held from 19-24 September 2022.

Background

Penrith City Council (Council) was approached by Wakeboard Australia on 26 May 2022 to consider a sponsorship proposal for the 2022 Cable Wakeboard National Championships event to be held from 19-24 September 2022 at Cables Wake Park Penrith.

Council endorsed the Events Sponsorship Policy (‘the Policy’) in June 2020. The Policy includes criteria for Major Event Sponsorship.

Council endorsed the Think Penrith, Think Events – Penrith Events Strategy 2020-2024 in June 2020. The Events Strategy provides for up to $200,000 annually to support the attraction and retention of major events in the Penrith Local Government Area.

Current Situation

The sponsorship proposal received from Wakeboard Australia for the 2022 Wakeboard National Championships requests Council funds of $30,000 (plus GST) to assist with securing the event at this location, covering operating costs associated with running the event and a marketing campaign to attract participants and visitors to the Penrith region.

Further details on the event are provided below.

2022 Cable Wakeboard National Championships

Wakeboard Australia is the official body for wakeboarding in Australia. Wakeboard Australia represents over 3,500 competitors across 7 affiliate states and territories. Wakeboard Australia owns and operates the sanctioned Australian Wakeboard National Championships, Australian Open Series and grassroot events for boat and cable in each of the affiliate states and territories.

Wakeboard Australia has invited Cables Wake Park Penrith to submit a bid to host the 2022 Cable Wakeboard National Championships. This event has previously been held in other locations but has not been run for the last 8 years.

Council Officers have been advised that Penrith is the favoured location for the Championships, and that obtaining some level of sponsorship will assist with securing the event ahead of any other location. The event is yet to be formally endorsed by the Board of Wakeboard Australia.

The event is estimated to attract 220 athletes (40 local, 20 intrastate, 160 interstate), 20 officials and 3,200 spectators, who will be mostly local to the Penrith Local Government Area.

It is anticipated that the majority (90% plus) of athletes and officials (240 total) will stay within the Penrith Local Government Area (LGA) for approximately 5 to 6 nights during the event.

Council has not previously provided sponsorship or grants to the Australian Waterski and Wakeboard Federation Limited.

Proposed Sponsorship Benefits

The sponsorship opportunities presented by Wakeboard Australia for the 2022 event would provide Council and the community of Penrith City with several benefits including:

•        Opportunity for a Council representative (e.g. the Mayor or delegate) to speak at event function and/or present medals

•        Council’s logo to appear on Wakeboard Australia event website with web link to Visit Penrith website

•        Opportunity for Visit Penrith guides to be distributed to participants at the event

•        Opportunity to develop and distribute 2 e-newsletter articles (content provided by Council)

•        12 x promotional audio announcements acknowledging Penrith City Council as the major sponsor during the event

•        4 x vinyl, feather or pull up banners to be placed at the event for the duration of the event (provided by Council)

•        Opportunity to provide a highlights video recap played over the event livestream including a 30 second television commercial (provided by Council)

•        5 x social media posts on the event-specific channels.

Assessment of sponsorship proposal

The sponsorship proposal has been assessed against Council’s Events Sponsorship Policy criteria for Major Event Sponsorship. The event is eligible for funding from Council.

The event encourages community involvement and partnership, overnight visitation to the Penrith Local Government Area and is expected to have positive economic benefits to the local Penrith economy that exceed the total cost of running the event.

Based on the projected event visitation provided by the event organiser, Council officers have estimated the economic benefit of the scheduled event to the local economy is approximately $723,000.

This estimate is calculated by using projected attendance information provided by the applicant and loading it in the “Economic value of Tourism & Events" schedule which is published by Destination NSW and has set rates based on the type of event. The DNSW method is the industry standard.

Sponsorship of $10,000 (plus GST) is considered appropriate to go towards securing the event within Penrith LGA, contributing towards the event operating and marketing campaign costs.

This level of funding reflects the nature of the proposed sponsorship benefits to Council, the estimated economic benefit, and the understanding that the majority of the spectators are expected to come from within Penrith LGA, as opposed to attracting a significant new customer base from outside of the Penrith LGA. This level of funding is also consistent with Council’s approach to levels of sponsorship for such events.

 

Financial Implications

Major Event Sponsorship funding to support the delivery of the 2022 Cable Wakeboard National Championships is available within the existing City Activation, Community & Place budget included in Council’s 2022/23 Operational Plan.

Risk Implications

If the sponsorship is endorsed, Council will enter into a sponsorship agreement with Wakeboard Australia to detail the expected sponsorship benefits to be delivered to Council and the community in exchange for Council’s investment.

To minimise commercial risk, funds will be paid to Wakeboard Australia in instalments upon delivery of agreed deliverables and meeting agreed milestones.

Further, funds will only be provided once confirmation is received in writing that the bid made by Cables Wake Park Penrith to host the 2022 Cable Wakeboard National Championships has been successful.

Lastly, Council is mindful of the potential impacts on water-based activities due to poor water quality that can result from flooding or severe weather events. Council will build measures into the sponsorship agreement that account for the possibility that the event may not be able to go ahead.  

Conclusion

A request for sponsorship has been received from Wakeboard Australia. The request seeks a total of $30,000 (plus GST) for the 2022 Cable Wakeboard National Championships.

Council officers have assessed the sponsorship proposal against the Events Sponsorship Policy.

It is estimated that the return to the community of Penrith City from the event could be in the order of $723,000 in economic benefit. A sponsorship of $10,000 (plus GST) is considered reflective of the estimated benefits and reach of the event.

Should Council resolve to endorse the sponsorship proposal, Council will enter into a sponsorship agreement with Wakeboard Australia detailing the expected sponsorship benefits to be delivered to Council in exchange for its investment.

RECOMMENDATION

That:

1.     The information contained in the report on Request for Major Event Sponsorship - Australian Waterski and Wakeboard Federation Limited (t/a Wakeboard Australia) be received

2.     Council endorse sponsorship funding of $10,000 (plus GST) to Wakeboard Australia in support of the 2022 Cable Wakeboard National Championships.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    25 July 2022

 

 

 

4

Request for Major Event Sponsorship - Band Association of NSW Incorporated   

 

Compiled by:               Shelley Lee, Activation and Event Development Officer

Beau Reid, Place and Activation Coordinator

Authorised by:            Megan Whittaker, City Activation, Community and Place Manager

Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are welcoming, healthy, happy, creative and connected

Strategy

Support and provide opportunities to participate in activities and events that celebrate our diversity, culture and creativity

Principal Activity

Conduct and support events that include all members of our community

      

 

Executive Summary

The purpose of this report is to present to Council an event sponsorship proposal received from the Band Association of NSW Incorporated (BANSW) to support the delivery of the 2022 NSW State Band Championships event on 27 - 28 August 2022. The event is to be held at the Joan Sutherland Performing Arts Centre (JSPAC).

This report provides Council with details of the sponsorship proposal received, including the proposed sponsorship benefits and an assessment of the proposal.

BANSW has sought Council sponsorship of $5,000 (plus GST). Council officers estimate the event could deliver approximately $831,300 in local economic benefit.

This report recommends that Council provides sponsorship of $5,000 (plus GST) for the 2022 NSW State Band Championships to be held on 27 - 28 August 2022.

Background

Penrith City Council (Council) was approached by the Band Association of NSW Incorporated (BANSW) on 23 June 2022 to consider a sponsorship proposal for the 2022 NSW State Band Championships to be held on 27-28 August 2022 at JSPAC.

Council endorsed the Events Sponsorship Policy (‘the Policy’) in June 2020. The Policy includes criteria for Major Event Sponsorship.

Council endorsed the Think Penrith, Think Events – Penrith Events Strategy 2020-2024 in June 2020. The Events Strategy provides for up to $200,000 annually to support the attraction and retention of major events in the Penrith Local Government Area.

Current Situation

The sponsorship proposal received from BANSW for the 2022 NSW State Band Championships event requests Council funds of $5,000 (plus GST) to assist with operating costs associated with running the event.

Further details on the event are provided below.

 

 

2022 NSW State Band Championships

BANSW is a volunteer, not for profit member-based association with a membership extending to approximately 120 Brass and Wind Bands and 5,500 individuals from across NSW. BANSW is the peak organising and representative body for community and school Brass and Wind bands across NSW.

The State Band Championships is the pinnacle of band music competition in NSW, involving around 60 brass and wind bands from across NSW and the ACT.

The event is ticketed at a cost of $23 per person and is live streamed to a national and international audience with a growing regular reach of between 12,000 to 15,000 individual viewers. A live stream of performances from the event will be available for free on the BANSW YouTube channel.

The event is estimated to attract:

•        1,860 participants (300 local, 80 interstate, 1,470 other NSW and 10 international)

•        15,000 live stream viewers

It is anticipated that approximately 70% of participants will stay within the Penrith Local Government Area (LGA) for approximately 1 to 2 nights.

Previous Council Sponsorship provided to the Band Association of NSW

Council has previously provided financial support to the Band Association NSW to support the event held in the Penrith Local Government Area, including:

•        $5,000 for 2017 NSW State Band Championships

•        $2,000 for the 2018 and 2019 NSW State Band Championships

Proposed Sponsorship Benefits

The sponsorship opportunities presented by the Band Association of NSW for the 2022 Championships would provide Council and the community of Penrith City with several benefits including:

·    Have a Council representative (e.g., the Mayor or delegate) to speak at event function and/or present event medals

·    Council logo on BANSW website linking to Visit Penrith website

·    Council logo to appear on front page of official program identified as an Event Sponsor

·    Opportunity to provide a full-page advertisement in the official event program

 

·    Opportunity to promote key messages via BANSW Facebook page (5 x posts, content provided by Council)

 

·    6 x acknowledgements of Council as a sponsor throughout event via Master of Ceremony

 

·    4 x TVC video advertisements played throughout event (supplied by Council)

·    2 x TVC video advertisements per day played on event livestream (supplied by Council)

·    Opportunity for 2 x banners to be displayed at venue throughout event

 

·    Opportunity for Council’s Visitor Guides to be handed out at the event

Assessment of sponsorship proposals

The sponsorship proposal has been assessed against Council’s Events Sponsorship Policy criteria for Major Event Sponsorship. The event is eligible for funding from Council.

The event encourages community involvement and partnership, overnight visitation to the Penrith Local Government Area and is expected to have positive economic benefits to the local Penrith economy that exceed the total cost of running the event.

Based on the projected event visitation, Council officers have estimated the economic benefit of the scheduled event to the local economy is approximately $831,300.

This estimate is calculated by using projected attendance information provided by the applicant and loading it in the “Economic value of Tourism & Events" schedule which is published by Destination NSW (DNSW) and has set rates based on the type of event. The DNSW method is the industry standard.

Financial Implications

 

Major Event Sponsorship funding to support the delivery of the 2022 NSW State Band Championships event is available within the existing City Activation, Community and Place budget included in Council’s 2022-23 Operational Plan.

Risk Implications

If the sponsorship is endorsed, Council will enter into a sponsorship agreement with BANSW to detail the expected sponsorship benefits to be delivered to Council and the community in exchange for Council’s investment.

To minimise commercial risk, funds will be paid to BANSW in instalments upon delivery of agreed deliverables and meeting agreed milestones.

Conclusion

A request for sponsorship has been received from the Band Association of NSW Incorporated. The request seeks a total of $5,000 (plus GST) for the 2022 State Band Championships to be held on 27-28 August 2022 at the Joan Sutherland Performing Arts Centre.

It is estimated that the return to the community of Penrith City from the event could be in the order of $831,300 in economic benefit.

Should Council resolve to endorse the sponsorship proposal, Council will enter into a sponsorship agreement with the Band Association of NSW Incorporated detailing the expected sponsorship benefits to be delivered to Council in exchange for its investment.

 

RECOMMENDATION

That:

1.     The information contained in the report on Request for Major Event Sponsorship - Band Association of NSW Incorporated be received

2.     Council endorse sponsorship funding of $5,000 (plus GST) to the Band Association of NSW Incorporated in support of the 2022 NSW State Band Championships event.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    25 July 2022

 

 

 

5

Request for Major Event Sponsorship - Veterans Cricket NSW Association Incorporated   

 

Compiled by:               Shelley Lee, Activation and Event Development Officer

Beau Reid, Place and Activation Coordinator

Authorised by:            Megan Whittaker, City Activation, Community and Place Manager

Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are welcoming, healthy, happy, creative and connected

Strategy

Support and provide opportunities to participate in activities and events that celebrate our diversity, culture and creativity

Principal Activity

Conduct and support events that include all members of our community

      

 

Executive Summary

The purpose of this report is to present to Council an event sponsorship proposal received from Veterans Cricket NSW Association Incorporated (VCNSW) to support the delivery of the 2022 Veteran Cricket NSW 60’s State Championships event on 16-21 October 2022. The event is to be held at various ovals throughout Penrith.

This report provides Council with details of the sponsorship proposal received, including the proposed sponsorship benefits and an assessment of the proposal.

VCNSW has sought funding support of $6,500 (plus GST) which consists of sponsorship of $5,000 (plus GST) towards event costs, and a $1,500 (plus GST) contribution towards a civic reception. Council officers estimate the total event could deliver approximately $93,300 in local economic benefit.

This report recommends that Council provides sponsorship of $5,000 (plus GST) plus $1,500 towards a civic reception to VCNSW for the 2022 Veteran Cricket NSW 60’s State Championships to be held on 16-21 October 2022.

Background

Penrith City Council (Council) was approached by Veterans Cricket NSW Association Incorporated (VCNSW) on 17 June 2022 to consider a sponsorship proposal for the 2022 Veteran Cricket NSW 60’s State Championships to be held on 16-21 October 2022 at various ovals throughout Penrith.

Council endorsed the Events Sponsorship Policy (‘the Policy’) in June 2020. The Policy includes criteria for Major Event Sponsorship.

Council endorsed the Think Penrith, Think Events – Penrith Events Strategy 2020-2024 in June 2020. The Events Strategy provides for up to $200,000 annually to support the attraction and retention of major events in the Penrith Local Government Area.

The event organisers have lodged applications for the use of ovals for their events through the standard channels via Council’s Recreation Team.

Current Situation

The sponsorship proposal received from VCNSW for the 2022 Veteran Cricket NSW 60’s Championship event requests Council funds of $5,000 (plus GST) to assist with operating costs associated with running the event, and an additional $1,500 (plus GST) towards a civic reception.

The Civic reception would involve a short speech by the Mayor or delegate and light catering. In past years this has either been organised and held at Council’s Civic Centre, or a contribution made and logistical assistance provided to support an event offsite which the Mayor has attended. All Councillors would be invited to attend the event.

Further details on the event are provided below.

2022 Veterans Cricket NSW 60’s State Championships

Veterans Cricket NSW (VCNSW) organise and conduct cricket matches and tournaments for men and women aged 60 plus. The Championships have been played for over 10 years in NSW and after 2 successful past Championships held in Penrith in 2017 and 2018, VCNSW has decided to return to Penrith for the 2022 Championships.

16 teams will be participating from across NSW and the ACT representing 12 regions, competing in 2 divisions. 

The event is estimated to attract 304 participants (30 local, 30 interstate and 244 other NSW).

It is anticipated that a majority of participants will stay within the Penrith Local Government Area (LGA) for approximately 6 nights during the event.

Previous Council Sponsorship provided to Veterans Cricket NSW Association Incorporated

Council has previously provided financial support to the VCNSW to support the event held in the Penrith Local Government Area, including:

·    $5,000 of event sponsorship and a $1,500 contribution towards a civic reception for   the Veterans Cricket NSW 60’s State Championships in 2017

 

·    $5,000 of event sponsorship and a $5,000 contribution towards a civic reception for the Veterans Cricket Association National Championships in 2018

Proposed Sponsorship Benefits

The sponsorship opportunities presented by VCNSW for the 2022 Veteran Cricket NSW 60’s State Championships would provide Council and the community of Penrith City with several benefits including:

·    Opportunity for a Council representative (e.g. the Mayor or delegate) to speak at event function and/or present event medals

·    Council logo to be placed on VCNSW website indicating Penrith City Council as an event sponsor

 

·    Council logo to appear on all promotional material indicating Penrith City Council as an event sponsor

·    Click-links from VCNSW’s website to Visit Penrith website

·    5 x pre and during event promotional posts on VCNSW’s social media channels (content provided by Penrith City Council)

·    4 x signage opportunities across event series (1 x promotional signage to be displayed per event)

 

·    Council’s Visitor Guides to be distributed to attendees at the event’s welcome reception

Assessment of sponsorship proposals

The sponsorship proposal has been assessed against Council’s Events Sponsorship Policy criteria for Major Event Sponsorship. The event is eligible for funding from Council.

The event encourages community involvement and partnership, overnight visitation to the Penrith Local Government Area and is expected to have positive economic benefits to the local Penrith economy that exceed the total cost of running the event.

Based on the projected event visitation, Council officers have estimated the economic benefit of the scheduled event to the local economy is approximately $93,300.

This estimate is calculated by using projected attendance information provided by the applicant and loading it in the “Economic value of Tourism & Events" schedule which is published by Destination NSW and has set rates based on the type of event. The DNSW method is the industry standard.

 

Financial Implications

 

Major Event Sponsorship funding to support the delivery of the 2022 Veteran Cricket NSW 60’s State Championships event is available within the existing City Activation, Community and Place budget included in Council’s 2022-23 Operational Plan.

 

Risk Implications

If the sponsorship is endorsed, Council will enter into a sponsorship agreement with Veterans Cricket NSW to detail the expected sponsorship benefits to be delivered to Council and the community in exchange for Council’s investment.

To minimise commercial risk, funds will be paid to Veterans Cricket NSW in instalments upon delivery of agreed deliverables and meeting agreed milestones.

 

 

Conclusion

A request for sponsorship has been received from Veterans Cricket NSW to support their 2022 Veterans Cricket NSW 60’s State Championships to be held from 16 – 21 October 2022. The request seeks a total of $5,000 (plus GST) to support event costs and $1,500 (plus GST) towards a civic reception.

It is estimated that the return to the community of Penrith City from the event could be in the order of $93,300 in economic benefit.

Should Council resolve to endorse the sponsorship proposal, Council will enter into a sponsorship agreement with Veterans Cricket NSW detailing the expected sponsorship benefits to be delivered to Council in exchange for its investment.

 

RECOMMENDATION

That:

1.     The information contained in the report on Request for Major Event Sponsorship - Veterans Cricket NSW Association Incorporated be received

2.     Council endorse sponsorship funding of $5,000 (plus GST) and $1,500 (plus GST) towards a civic reception to Veterans Cricket NSW in support of the 2022 Veteran Cricket NSW 60’s State Championships event.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 3 - We plan and shape our growing City

 

Item                                                                                                                                       Page

 

6        Affordable Rental Housing Contribution Scheme Planning Proposal  

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                23

 

7        Planning Proposal to amend Penrith LEP 2010 - Glenmore Park Stage 3 - draft Development Control Plan and draft Contributions Plan

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                41

 

8        Voluntary Planning Agreement offer by Altis Frasers for the Yards Estate 657-769 Mamre Road, Kemps Creek

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                56

 

 

 

 

 



Ordinary Meeting                                                                                                    25 July 2022

 

 

 

6

Affordable Rental Housing Contribution Scheme Planning Proposal   

 

Compiled by:               Madison McGlynn, Planner

Natalie Stanowski, Principal Planner

Authorised by:            Natasha Borgia, City Planning Manager

Kylie Powell, Director - City Futures  

 

Outcome

We plan and shape our growing City

Strategy

Undertake strategic planning that will ensure balanced growth and liveability

Principal Activity

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

 

Previous Items:           Affordable Housing Contribution Scheme for Glenmore Park Stage 3 and Orchard Hills North - Councillor Briefing - 16 May 2022     

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

 

Executive Summary

The purpose of this report is to seek Council’s endorsement of a Planning Proposal to amend the Penrith Local Environmental Plan 2010 (LEP 2010) to include a clause to enable affordable rental housing development contributions for the delivery of affordable rental housing in the Penrith Local Government Area (LGA). The first stage in Council’s affordable housing work is to include an LEP clause to apply to Glenmore Park Stage 3 and Orchard Hills North which are currently subject to two separate Planning Proposals. Stage 2 would expand the draft Scheme to include inclusionary and spot rezoning contribution rates applicable to the Penrith LGA where growth is occurring. Stage 2 of the draft Scheme will be reported to Council including a policy which not only outlines how we levy for affordable housing but also how these funds will be expended. Councillors were briefed on 16 May 2022 on the Affordable Rental Housing Scheme.

 

Currently, Council seeks the provision of 3% affordable housing for all its release areas under its Penrith Sustainability Blueprint for Urban Release Areas. The only mechanism currently available to ensure the delivery of affordable housing is by negotiating this through a Voluntary Planning Agreement (VPA), which can be challenging when release areas have fragmented land ownership.

 

The framework to develop an affordable rental housing scheme is through the State Environmental Planning Policy (Housing) 2021, Chapter 2 – Affordable Housing (the Housing SEPP). This SEPP was formerly known as State Environmental Planning Policy No. 70 – Affordable Housing. The process to establish an affordable rental housing scheme is through a Planning Proposal, as a clause is required to be inserted in LEP 2010 to be able to include a condition of consent on future development applications to collect contributions (monetary or housing stock) within a nominated area (in this case Glenmore Park Stage 3 and Orchard Hills North). This framework is sought in order to apply affordable rental housing contributions to areas seeking to be rezoned for residential development.

 

Two contribution rates are proposed to be applied in Glenmore Park Stage 3 and Orchard Hills North: an inclusionary rate (base rate) and a specified rate.

 

1.   Inclusionary contribution rates

Year of commencement

Contribution Rate (% GRV)

Contribution per ha NDA

2024

1%

$75,967

2027

2%

$151,933

 

2.   Specified contribution rates

Area

Year of commencement

Contribution Rate (% GRV)

Contribution per ha NDA

Orchard Hills North

2024

-

-

Glenmore Park Stage 3

2024

2%

$151,933

 

This report recommends that the Planning Proposal (Enclosure 1 to this report) be forwarded to the Minister for Planning, requesting a Gateway Determination, in order to publicly exhibit the Planning Proposal.

 

The Planning Proposal was presented to Council’s Local Planning Panel on 22 June 2022 to obtain advice in accordance with the requirements of Section 2.19 of the Act. The Panel’s advice is provided as Attachment 1 to this report.

Background

Housing affordability has risen as a central issue across much of Australia’s east coast over the past two decades. Significant and sustained price growth in property values has outpaced wage rises, resulting in declining housing affordability and growing public debate around the need to improve accessibility to the housing market.

 

Affordable housing is housing for very low, low and moderate income households as defined by the Housing SEPP and the Environmental Planning and Assessment Act 1979 (the Act). The social costs associated with deteriorating housing affordability are significant. Households on very low, low and moderate incomes can be displaced from local areas, resulting in poor community diversity and social cohesion. Furthermore, displacement of ‘key workers’ can result in a reduced labour force of those workers who are essential to local economies.

 

The need for affordable rental housing in the Penrith LGA is based on evidence in both the draft Western Sydney Affordable Housing Strategy (WSAHS) and the draft Penrith Local Housing Strategy. Council participated in the preparation of the draft WSAHS with other NSW local councils and the Western Sydney Planning Partnership. Councillors were briefed on the WSAHS on 28 October 2020.

 

To inform the preparation of this Planning Proposal, Council engaged Atlas Urban Economics to prepare a Draft Affordable Rental Housing Contribution Scheme (the Scheme). Atlas Urban Economics built on the work in the draft WSAHS to prepare the draft Scheme to specifically apply to Glenmore Park Stage 3 and Orchard Hills North precincts. Atlas Urban Economics also undertook a feasibility assessment that examined the capacity of development to tolerate affordable rental housing contributions within the nominated urban release areas of Glenmore Park Stage 3 and Orchard Hills North precincts. This is provided as Appendix 1 to the Planning Proposal and has been provided as Enclosure 2 of this report. 

 

The sites included in the nominated area are two developments where land is proposed to be rezoned for residential development resulting in significant uplift and increase in land value. It is through this value increase that development can contribute to affordable rental housing contributions.

 

This Planning Proposal builds on the work prepared by Atlas Urban Economics and aims to facilitate the delivery of affordable rental housing in Penrith through the planning framework.

 

Section 7.32 of the Act allows for the collection of development contributions for the purpose of affordable housing provision by NSW councils. This can occur where a need is identified within a planning instrument and where:

·    The consent authority is satisfied that the proposed development will or is likely to reduce the availability of affordable housing within the area, or

·    The consent authority is satisfied that the proposed development will create a need for affordable housing within the area, or

·    The proposed development is allowed only because of the initial zoning of a site, or the rezoning of a site, or

·    The regulations provide for this section to apply to the application.

 

Development, where affordable rental housing contributions are imposed as a condition of consent, is levied on the basis that:

·    Redevelopment and renewal of areas where additional development capacity is provided will reduce the availability of affordable private rental stock in these locations. As these locations are typically endowed with good access to infrastructure, employment and amenities, there is a strong case for the provision of affordable rental housing alongside private market development.

·    As growth and renewal occur across the Penrith LGA, the proportion of dwellings available at affordable rates, either via social/affordable rental housing or private market rental, will reduce if intervention does not occur. Therefore, the proportion of households living in housing stress is also highly likely to increase. This provides justification for the imposition of affordable rental housing contributions as an inclusionary development standard across the Penrith LGA.

 

The Housing SEPP is the mechanism through which Council can mandate a contribution to affordable rental housing from new development. Once approved by the Department of Planning and Environment (DPE), and subsequently included within the Penrith LEP 2010, Council will have a sound framework to collect contributions for affordable rental housing for greenfield areas. Contributions can be either monetary and/or housing stock.

 

Council currently seeks the provision of 3% affordable housing for all its release areas under its Penrith Sustainability Blueprint for Urban Release Areas (Adopted by Council on 27 July 2005) by negotiating through VPAs. The Housing SEPP identifies that there is a need for affordable rental housing across NSW and the Planning Proposal is to facilitate a new affordable rental housing contribution scheme within Penrith. This Planning Proposal is the only way to achieve this. Council currently negotiates separate individual VPAs for affordable rental housing for each development. This Scheme provides developers certainty and transparency about how affordable rental housing contributions will be determined and the contribution rate that will be applied in a condition of consent.

 

This scheme forms part of the first stage in Council’s affordable rental housing work. Stage 1 is essential to inform the Planning Proposals for Glenmore Park Stage 3 and Orchard Hills North. Stage 2 would involve Council officers continuing to work with Atlas Urban Economics to expand the draft Scheme to include inclusionary and spot rezoning contribution rates applicable to the Penrith LGA where growth is occurring. Stage 2 of the draft Scheme will be reported to Council later in the year including a policy which not only outlines how we levy for affordable rental housing by also how these funds will be expended.

 

Planning Proposal

The Planning Proposal seeks to introduce a new provision in Penrith LEP 2010 to collect affordable rental housing development contributions for the delivery of affordable rental housing in the Penrith LGA.

 

The intended outcomes of this Planning Proposal are to:

·    Provide for the delivery of affordable rental housing through the planning system, recognising its role as a vital economic and social infrastructure.

·    Ensure Penrith LGA provides affordability advantages and remains an attractive and inclusive location for a range of residents.

·    Provide a transparent framework for development to make equitable affordable rental housing contributions.

·    Provide certainty and clarity for landowners and developers seeking to develop land in the Penrith LGA.

·    Achieve the actions within the Penrith Local Strategic Planning Statement (LSPS) and Local Housing Strategy to provide affordable rental housing on land with significant residential uplift and where development viability can be maintained.

 

The Planning Proposal and appendix are provided as Enclosure 1 to this report.

 

The LEP clause is proposed to apply within the nominated urban release areas of Glenmore Park Stage 3 and Orchard Hills North initially, where the proposed rezonings are projected to deliver approximately 4,129 new dwellings. Based on current values, if the proposed scheme is adopted in these areas, it has the potential to yield over $40m in affordable housing contributions.  There is the potential to expand the scheme across other residential growth areas of Penrith LGA.

 

The draft LEP clause excludes:

•     Developments which do not result in at least one additional dwelling being created.

•     Exempt development.

•     Secondary dwellings.

•     Development solely for the purpose of social and/or affordable rental housing.

•     Boarding houses.

•     All non-residential development is exempt from the draft Scheme.

 

The objective of this Planning Proposal is to increase the amount of affordable rental housing within Penrith. It provides a comprehensive and transparent framework which gives local communities greater clarity about the affordable rental housing planned for in their areas. Affordable rental housing contribution schemes also provide developers certainty and transparency about how affordable rental housing contributions will be determined and the contribution rate that will be applied in a condition of consent.

 

Affordable rental housing contributions rates provided in the draft Scheme are in addition to other contributions across the LGA, including local infrastructure contributions (s7.11 or s7.12), state and regional infrastructure contributions. As a condition of development consent, all eligible development in the nominated urban release areas must contribute to affordable rental housing according to the rates provided in the draft Scheme. The draft Scheme will replace the need to negotiate separate VPAs for affordable rental housing in these areas, unless proponents seek to deliver over and above the Scheme. This Scheme also captures contributions with fragmented land ownership.

 

As a condition of development consent, all land to which the draft Scheme applies is required to provide contributions for affordable rental housing according to the rates provided. A monetary contribution required to be made under the Scheme is to be paid at the time specified in the condition. The affordable rental housing contribution rate is based on a percentage of the Gross Realisation Value (GRV) of development which is proposed to be set at $7,596,658 per/ha NDA. Feasibility testing has determined that this approach is viable, however this will be further refined during exhibition and in consideration of the finalised contributions plans for Glenmore Park Stage 3 and Orchard Hills North. The viability assessment is included as Appendix 1 of the Planning Proposal and is provided as Enclosure 2 of this report.

 

Two contribution rates are proposed to be applied in Glenmore Park Stage 3 and Orchard Hills North:

·    Inclusionary rate (base rate): A baseline rate, alike a development contribution for any other infrastructure, that delivers contributions towards affordable housing from incremental development. Because this is a base and does not result from a change in zone or value uplift, the market will need to be given time to adapt to the contribution and it is proposed to be introduced on a staged basis.

·    Specified rate: A (value capture) rate generated due to the proposed change in zoning for the subject sites and therefore the potential increased ability for the development to provide a greater proportion of affordable housing contributions.

 

 

 

 

1.   Inclusionary contribution rates

Year of commencement

Contribution Rate (% GRV)

Contribution per ha NDA

2024

1%

$75,967

2027

2%

$151,933

 

2.   Specified contribution rates

Area

Year of commencement

Contribution Rate (% GRV)

Contribution per ha NDA

Orchard Hills North

2024

-

-

Glenmore Park Stage 3

2024

2%

$151,933

 

Contributions can be made as a monetary contribution or in-kind as land or dwellings for the

purpose of affordable rental housing. A monetary contribution is required within urban release areas as it is not practical to provide affordable rental housing within these areas. Community Housing Providers have advised, in consultation with Atlas Urban Economics, affordable rental housing that is near railway stations and city centres’ closer to services and facilities is preferred. 

 

Collected contributions will be pooled and affordable rental housing can then be provided in areas close to transport and access to services. Phillip Street in St Marys is a previous example of where pooled contributions collected through VPAs for affordable housing were used. A policy framework on how Council will collect and use affordable rental housing contributions will be prepared in Stage 2 of the Affordable Housing Scheme, currently underway, with input from Council’s Property Department and City Activation Community and Place teams. The policy will outline how Council will levy for affordable housing and how any funds will be expended.

 

Local Planning Panel

In accordance with the requirements of Section 2.19 of the Act, the Planning Proposal was presented to Council’s Local Planning Panel on 22 June 2022 to obtain advice. The advice provided by the Panel is to be taken into consideration in Council’s assessment and preparation of the Planning Proposal.

 

The Local Planning Panel advised the following:

 

1.   The Planning Proposal for the Affordable Housing Contribution Scheme is supported in principle, including the approach of considering viability, subject to the following matters being considered at the appropriate time:

a.   Making it clear the scheme supports Affordable Rental Housing, including considering appropriate naming and explanation;

b.   Opportunities to simplify the contribution rate operations should be explored;

c.   A scheme for Penrith City alone would seem more practical than seeking an agreed district wide approach, at least in the short term;

d.   Council’s staff intention for wider implementation of an Affordable Rental Housing Contribution Scheme be explained in the report to Council;

e.   Given some complexity in the analysis done, suitable explanatory documentation be provided during public exhibition, in plain English;

f.    The proposed policy to implement the scheme be finalised prior to gazettal.

2.   It is recommended that the Planning Proposal be progressed through the next steps in the Gateway process.

 

In response to the Panel’s comments, minor amendments to the Planning Proposal have been made to indicate the appropriate naming of Affordable Rental Housing. The Local Planning Panel’s advice is noted, and Council staff will ensure suitable explanatory documentation is provided during public exhibition. As discussed earlier in this report, the preparation of a policy on how Council will levy contributions and how these will be spent is underway. It is intended that this policy will be finalised prior to the gazettal of this Planning Proposal.

 

A copy of the Local Planning Panel’s advice is included in Attachment 1 of this report.

 

Relationship with Orchard Hills North and Glenmore Park Stage 3 Planning Proposals

 

The proposed LEP clause, if made, will be triggered when development consent is sought in the precincts of Orchard Hills North and Glenmore Park Stage 3 if the rezoning of these precincts is supported. It is intended that this Planning Proposal is made and in force prior to the development rollout in these precincts. Council staff have been liaising with the proponents of both rezoning proposals with respect to the Affordable Rental Housing Planning Proposal. Discussions with the proponents to date have been constructive, and it is intended that dialogue will continue to occur during the public exhibition process. The proponents for Glenmore Park Stage 3 have indicated they intend to use any future public exhibition process to review any impacts on the feasibility of their rezoning Planning Proposal. The proponent for Orchard Hills North has broadly indicated support of the Planning Proposal.

 

As a result of discussions, both proponents have included a contribution towards Affordable Rental Housing within their letters of offer to enter Voluntary Planning Agreements (VPA) with Council for their rezoning Planning Proposals.

 

Public Exhibition

 

Should Council endorse the Planning Proposal to be forwarded to the Minister for Planning for Gateway Determination and that this determination is received. It is expected that the Planning Proposal will be publicly exhibited for a period of 28 days in accordance with the requirements outlined in the Environmental Planning and Assessment Act 1979.

 

The Planning Proposal will be publicly exhibited via various methods including on Council’s website, through newspaper advertisements and notices at Penrith and St Marys libraries.

 

In addition to Councils standard consultation during exhibition, Council should send correspondence to all landowners who form part of the Planning Proposal area with the offer to directly meet with Council officers to discuss the Planning Proposal. This will be undertaken during the 28-day public exhibition period. In the preparation of the affordable housing scheme, the consultants have indicated that they engage with industry regularly regarding affordability and feasibility. For Stage 1, it is proposed that Council officers will engage further with industry during the exhibition period. Council officers have commenced initial discussions with UDIA, which will continue during the exhibition of Stage 1 and the preparation of Stage 2.  It is anticipated that more targeted engagement will be undertaken with industry ahead of reporting on the Stage 2 affordable housing work.

 

Next Steps

Should Council endorse the recommendations of this report, the following steps are proposed:

1.  The Planning Proposal will be updated with any additional comments raised by Council at this meeting and forwarded 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.

2.  Council officers will liaise with the DPE to negotiate any changes sought to the Planning Proposal by DPE in the lead up to the Gateway Determination.

3.  DPE will issue a Gateway Determination, authorising the LEP plan making process to proceed. The Gateway Determination will, among other things, provide details of the public authorities that Council must consult and the requirements for undertaking the public exhibition.

4.  Council officers will make any necessary changes to the Planning Proposal prior to public exhibition in response to the conditions of the Gateway Determination and negotiations with stakeholders.

5.  Council officers will publicly exhibit the Planning Proposal in accordance with the requirements of the Gateway Determination, the Act and the Environmental Planning and Assessment Regulation 2000.

6.  Submissions received in response to the public exhibition of the Planning Proposal will be reviewed and recommendations prepared for Council’s consideration.

7.  A further report will be presented to Council, detailing the results of the exhibitions and recommendations, including whether to endorse the Planning Proposal and make the LEP amendment.

 

Financial Implications

This scheme allows Council to collect contributions for the delivery of affordable rental housing in the Penrith LGA. Income from the nominated urban release areas of Glenmore Park Stage 3 and Orchard Hills North will be pooled and affordable rental housing can then be provided in areas close to transport and access to services. A policy framework will set out how Council will collect and use contributions for the delivery of affordable rental housing in Penrith LGA which will be reported to a future Council meeting.

 

 

Risk Implications

Currently, Council seeks the provision of 3% affordable housing in all its release areas under its adopted Penrith Sustainability Blueprint for Urban Release Areas. The only mechanism currently available to ensure the delivery of affordable rental housing is by negotiating this through a VPA, which can be challenging when release areas have fragmented land ownership. Once approved, the proposed scheme will allow Council to have a sound framework to collect contributions for affordable rental housing for greenfield areas and provides a comprehensive and transparent framework which gives local communities greater clarity about the affordable rental housing planned for in their areas. Affordable rental housing contribution schemes also provide developers certainty and transparency about how affordable rental housing contributions will be determined and the contribution rate that will be applied in a condition of consent.

 

The risk of not proceeding with the Planning Proposal is that the outcomes of the Greater Sydney Region Plan and Western City District Plan and the actions in Council’s strategic documents relating to delivering affordable rental housing in the Penrith LGA will not be progressed where there is a clear identified need.

Conclusion

This report outlines Council’s Planning Proposal for a new provision in the Penrith LEP 2010 to collect affordable rental housing development contributions for the delivery of affordable rental housing in the Penrith LGA.

 

This LEP clause will allow a condition of consent to be included on future development applications to collect contributions within the nominated urban release areas of Glenmore Park Stage 3 and Orchard Hills North. Stage 2 of Councils affordable housing work will seek to apply a LEP clause in other locations within Penrith LGA and only where growth is occurring. The Stage 2 affordable housing work is underway and will be reported to a future Council meeting with a policy which will outline how Council will levy for affordable housing and how these funds will be expended. The Local Planning Panel supports the Planning Proposal progressing through the next steps of the Gateway Process and has provided advice, which is discussed in this report, resulting in some minor amendments to the Planning Proposal.

 

Should Council endorse the recommendations of this report, the Planning Proposal will be forwarded to the Minister for Planning requesting a Gateway Determination, including to publicly exhibit the Planning Proposal.

 

RECOMMENDATION

That:

1.     The information contained in the report on Affordable Rental Housing Contribution Scheme Planning Proposal be received.

2.     Council endorse the Planning Proposal presented in this report which has been provided as Enclosure 1 to this report.

3.     The General Manager be granted delegation to make minor changes 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.

4.     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.

5.     The General Manager be granted delegation to make necessary minor 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.

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 is presented to Council following the public exhibition of the Planning Proposal.

 

ATTACHMENTS/APPENDICES

1.

Local Planning Panel Advice

8 Pages

Appendix

  


Ordinary Meeting                                                                                                                  25 July 2022

Appendix 1 - Local Planning Panel Advice

 

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Ordinary Meeting                                                                                                    25 July 2022

 

 

 

7

Planning Proposal to amend Penrith LEP 2010 - Glenmore Park Stage 3 - draft Development Control Plan and draft Contributions Plan   

 

Compiled by:               Danielle Fox, Senior Planner

Natalie Stanowski, Principal Planner

Authorised by:            Nicole Dukinfield, Principal Planner

Kylie Powell, Director - City Futures  

 

Outcome

We plan and shape our growing City

Strategy

Undertake strategic planning that will ensure balanced growth and liveability

Principal Activity

Facilitate appropriate land use outcomes for our city that are consistent with our Local Strategic Planning Statement

 

Previous Items:           Accelerated Housing Delivery Program for New Release Areas - Policy Review Committee - 14 Aug 2017

                                      Accelerated Housing Delivery Program update - Councillor Briefing - 23 Apr 2018

                                      Glenmore Park Stage 3 Planning Proposal (Accelerated Housing Delivery Program site) - Councillor Briefing - 05 Aug 2019

                                      Planning Proposal - Glenmore Park Stage 3 (Accelerated Housing Delivery Program site) - Councillor Briefing - 30 Sep 2019

                                      Glenmore Park Stage 3 Planning Proposal (Accelerated Housing Delivery Program site )- Councillor Briefing - 02 Mar 2020

                                      Planning Proposal - Glenmore Park Stage 3 - Ordinary Meeting - 25 May 2020

                                      Glenmore Park Stage 3 Development Control Plan and Contribution Plan - Councillor Briefing - 06 Jun 2022

                                      Glenmore Park Stage 3 Draft Development Control Plan and Draft Contributions Plan - Councillor Briefing - 18 Jul 2022 

Current References:   Affordable Rental Housing Contribution Scheme Planning Proposal 

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

 

 

Proponent: Mirvac Homes (NSW) Pty Ltd

Land: Located south of the existing suburb of Glenmore Park, bounded by The Northern Road, Chain O Ponds Road, Mulgoa Nature Reserve and Lot 18 DP 244610 Chain O Ponds Road (the most westerly lot).

Executive Summary

The purpose of this report is to make recommendations regarding progressing the Planning Proposal to amend the Penrith Local Environmental Plan (LEP) 2010 for Glenmore Park Stage 3 to a public exhibition. Assessment of the recently submitted Development Control Plan (DCP) provided as an Enclosure 1, draft Section 7.11 Development Contributions Plan (draft GP3 CP) provided as an Enclosure 2, and two draft Letters of Offer to enter into a Voluntary Planning Agreement (VPA) provided in Attachment 1 and 2, has enabled Council to consider that the matter can be progressed to a public exhibition. The report identifies risks to Council and the community, and how these risks are intended to be mitigated prior to future consideration to adopt the proposed plans.

The following Councillor memos have been provided to Councillors related to this report:

1.   15 May 2018 – Accelerated Housing Development Program (AHDP) and Glenmore Park South topography, how the development will relate to Mulgoa Valley and examples of similar development by Mirvac,

2.   23 May 2018 – Advising of lodgement of Planning Proposal,

3.   17 August 2018 – AHDP – Update on Planning Proposal,

4.   18 October 2018 - Enquiry from Lisa Harrold of Mulgoa Landcare Group, Independent peer review of ecological assessment for Planning Proposal commissioned,

5.   5 June 2020 – Response to matters raised by Councillors at Ordinary Meeting of 25 May 2020, being Fonzie flats, sports fields, and mapping, and

6.   25 June 2020 – Update on Planning Proposal.

7.   18 July 2022 – Information to assist new Councillors in their consideration of upcoming reports.

 

In May 2018, the Planning Proposal was lodged with Council to rezone the subject land to allow urban development. At the Ordinary Meeting of 25 May 2020, Council resolved to prepare and forward the Planning Proposal to the Minister for Planning to request the issuing of a Gateway Determination to publicly exhibit the Planning Proposal. A Gateway Determination was issued by the Department of Planning and Environment (DPE) in September 2020.

 

Since the Gateway Determination was received, several changes have occurred to the Planning Proposal. The most significant change has been DPE’s direction requiring the Planning Proposal to align with the draft Cumberland Plain Conservation Plan (CPCP). This change has necessitated updates and revisions to the masterplan and associated supporting documents including the draft DCP and draft GP3 CP. These revised documents were submitted by the proponent in April 2022, and it is not until this time Council officers have been able to commence their review. Whilst a comprehensive review of the draft DCP and draft GP3 CP has commenced, further amendments to these documents are likely post-exhibition alongside any community and State agency submissions. These anticipated amendments are outlined in this report.

 

In addition to the above, certain Gateway Determination conditions required action and/or DPE endorsement prior to public exhibition. These conditions have mostly been addressed. Noting that, consultation with the NSW Rural Fire Service (RFS) is required prior to public exhibition. As RFS comments are pending following issue of a second referral due to the updated masterplan and updated Bushfire Report, RFS comments will be placed on public exhibition alongside the Planning Proposal and any amendments made to the Planning Proposal or associated plans post-exhibition, alongside other agency submissions.

 

An alteration to the Gateway Determination was received from DPE on 9 June 2022. DPE included updated milestone dates within which Council is required to progress and complete the Planning Proposal process, including a LEP finalisation date of 23 December 2022, with advice that further timeframe extensions are unlikely to be granted.

 

This report identifies risks to Council and the community, how these risks are intended to be mitigated, and outstanding matters that need to be resolved prior to future consideration to adopt the proposed plans and finalise the LEP. Given the DPE timeframes, this report recommends that the Planning Proposal and supporting plans proceed to public exhibition, and that Council and the proponent continue to work collaboratively to progress any outstanding matters. If outstanding matters are not resolved prior to future consideration by council post-exhibition for adoption of the proposed plans, it may be recommended that the rezoning does not proceed.

Background

The Glenmore Park Stage 3 rezoning area is one of two sites selected by Council (in November 2017) to pursue as part of the Accelerated Housing Development Program, which investigated potential sites for new release housing delivery to supplement Penrith’s currently planned and established residential areas.

 

In May 2018, Council received a Planning Proposal from Mirvac which seeks to amend the Penrith Local Environmental Plan (LEP) 2010 for a 206 hectare site south of the existing suburb of Glenmore Park. The rezoning area contains a total of 25 lots that are currently utilised for residual grazing; rural residential properties; equipment storage and equestrian uses; and one lot used for crop production. The Planning Proposal is seeking to amend the existing rural and environmental management zoning and planning controls to allow for urban development. The Planning Proposal seeks to rezone the land to facilitate the delivery of up to 2,300 dwellings and some shop top housing. Large lots are proposed on the periphery of the rezoning to respond to the sites’ location on the urban/rural edge. The masterplan includes a network of open space and environmental corridors that links with the local centre and future school site. A summary of the key features of the Planning Proposal and the proposed zoning plan in provided in Attachment 3.

 

A complexity of matters had arisen pre-Gateway submission, that during the preliminary assessment stage of the Planning Proposal, Council officers and the proponents have worked together to address including:

·    Results from an independent peer review of the Planning Proposal’s Ecological Issues and Assessment Report,

·    Dwelling density and yield, minimum lot sizes and building separation,

·    Interfaces with The Northern Road and Chain O Ponds Road, and

·    Mechanisms to provide certainty of outcome for the development including built form and urban heat responses.

 

The Planning Proposal was presented to Council’s Local Planning Panel (LPP) on 13 May 2020. The LPP generally supported the Planning Proposal in terms of strategic consistency and site-specific considerations.

 

At the Ordinary Meeting of 25 May 2020, Council considered a report on the Planning Proposal and resolved to endorse the Planning Proposal, and that it be forwarded to the Minister for Planning with a request to issue a Gateway Determination. The resolution also requires that following receipt of the Gateway Determination, a report be presented to Council seeking a resolution to publicly exhibit a DCP and Contributions Plan with the Planning Proposal.

 

On 23 September 2020, DPE issued a Gateway Determination that enables the Planning Proposal to proceed to public exhibition and provides certain conditions to be addressed throughout the Gateway process. All conditions have been addressed or have substantially commenced.  Certain conditions required action and/or DPE endorsement prior to public exhibition including additional analysis of the proposed dwelling yield, cap, and the resultant urban design outcome; preparation of a Public Domain and Open Space Strategy; landowner consultation; and consultation with the Rural Fire Service (RFS). The Planning Proposal was referred to RFS in May 2021 and again in July 2022. The most recent referral has resulted from the amended masterplan, due to the draft Cumberland Plain Conservation Plan (CPCP) matter, outlined below. If RFS raise concerns that require the Planning Proposal and draft DCP to be updated, RFS comments will be placed on public exhibition alongside the Planning Proposal and any amendments made to the Planning Proposal or associated plans post-exhibition, alongside other State agency submissions.

 

Since the issue of the original Gateway Determination in September 2020, Council has been working closely with the proponent, DPE and State agencies to prepare the Planning Proposal for public exhibition. As a result of the work undertaken post-Gateway to address the conditions and other matters that have arisen, further revisions to the Planning Proposal have been necessary. Notwithstanding these revisions, the Planning Proposal has remained substantially the same. The reasons for these changes are outlined below.

Key Changes to the Planning Proposal

The changes made to the Planning Proposal since its original endorsement in September 2020 are outlined below.

Alignment with the draft Cumberland Plain Conservation Plan (CPCP)

The Gateway Determination required that a Public Domain and Open Space Strategy (PDOSS) be prepared that addresses:

·    The principles and performance indicators in the NSW Government’s Draft Greener Places Design Guide 2020,

·    How the precinct will achieve the 40% tree canopy target for Greater Sydney,

·    How existing large trees can be incorporated into the public domain wherever possible,

·    How riparian corridors will be incorporated into the open space network, and

·    The suitability of the south-east open space on land with fragmented ownership.

 

The condition also requires that the PDOSS receive endorsement by DPE prior to exhibition.

As part of Council’s review process, the draft PDOSS was forwarded to DPE for endorsement in November 2021. In meetings held in January 2022, DPE provided advice that the Planning Proposal must align with the draft CPCP.

 

The draft CPCP was developed by DPE for Western Sydney to support the delivery of housing, jobs and infrastructure while protecting important local and regional biodiversity to 2056. It was publicly exhibited from August to October 2020. The draft CPCP contains commitments and actions designed to improve ecological resilience and function and offset the biodiversity impacts of housing and infrastructure development. The draft CPCP also identifies land within the rezoning area as urban capable land (biodiversity certified under the CPCP), and avoided land (land with high biodiversity value, riparian corridors and/or steep slopes).

 

To action DPE’s direction that the Planning Proposal is to align with the draft CPCP, Mirvac entered into a confidentiality agreement with DPE to access CPCP mapping not currently available publicly. This CPCP mapping has been used to inform amendments to the PDOSS and the Planning Proposal masterplan.

 

A further version of the PDOSS was prepared and forwarded to Council mid-April 2022. This version resulted in an additional 6.16 ha of land contributing to the quantum of open space in the C2 Environmental Conservation zone across the rezoning area. The overall provision of land for open space satisfies the minimum outcome performance measures for greenfield open space (for local parks, district parks, sporting spaces and linear parks) provided in the Penrith Sport and Recreation Strategy.

 

On 2 March 2022, DPE provided written advice that they have reviewed the draft PDOSS and support the PDOSS proceeding to exhibition, noting that prior to finalisation of the Planning Proposal, the PDOSS is to be reviewed in the context of the CPCP, and if the Planning Proposal results in the removal of biodiversity in the ‘avoided lands’, the Planning Proposal may need to be amended. This indicates that once the draft CPCP is finalised, further review of the Planning Proposal may be required. Nevertheless, Council will seek DPE’s verification that the CPCP has been appropriately incorporated into the Planning Proposal prior to finalisation of the LEP, should the finalisation of the CPCP remain outstanding.

 

Reduction in overall dwelling yield

 

The expansion of the C2 Environmental Conservation zone has resulted in amendments to the amount of R2 Low Density Residential and R3 Medium Density Residential land available, resulting in a reduction in dwelling yield. The original Planning Proposal that was submitted to DPE seeking a Gateway Determination provided 2,558 dwellings and the provision of up to 100 shop top housing dwellings. The revised Planning Proposal now provides for up to 2,300 dwellings and up to 100 shop top housing dwellings.

 

Large lot at the northern end of Lot 18 Chain O Ponds Road (the most westerly lot)

 

The original Planning Proposal submitted to DPE seeking a Gateway Determination, identified that a large lot (approx. 1.25 ha) would be created at the northern end of Lot 18 Chain O Ponds Road, being the most westerly lot. This would include a dual zone of C2 Environmental Conservation and C4 Environmental Living and a dwelling entitlement. The long-term ownership and management of this lot would be held in private ownership so that Council would not be burdened with the ongoing maintenance of any C2 Environmental Conservation zoned land.

 

The Water Cycle Management Report was revised to support the updated Planning Proposal masterplan and included an updated approach to the management of stormwater, and that a number of additional permanent water bodies are now proposed including a detention basin at the northern end of Lot 18 (MB1).

 

Consultants engaged on behalf of the proponents provided justification for this updated approach as follows:

 

The reason for the addition of basin MB1 to the strategy is due to the shift from ARR 1987 to ARR 2019 modelling methodologies. The XP-RAFTS modelling in the 2020 report was undertaken using ARR 1987 methodologies and the modelling outcomes showed that flow targets would be achieved in the MB1 catchment without the need for a detention device. When the strategy was updated in 2022, the modelling was also updated to the new ARR 2019 methodologies given that Council required flood modelling to also be undertaken and advised ARR 2019 should be used. The updated XP-RAFTS modelling showed that a no detention approach was no longer achievable for the catchment and detention was required.

 

The need for MB1 basin in this location now requires the long-term ownership and management of this large lot to be reassessed, as it is normally the case that stormwater treatment assets delivered as part of residential developments are dedicated to Council after the initial establishment and maintenance periods, and not held in private ownership. Other water infrastructure is located within RE1 Public Recreation or C2 Environmental Conservation zoned land within the rezoning area and integrated within the open space network. The MB1 basin is located away from these areas with no other connections to public land within the rezoning area.

 

Options to manage this area long term include:

·    Dedication of the basin area and broader works area to Council, or

·    The entire lot retained in private ownership with the existing dam within the C2 and C4 zones being used for stormwater management with public easement for access to enable maintenance.

 

Council officers and the proponents will continue to work together to assess the merits of these options and others to finalise how this area will be managed. There are no changes proposed to the planning controls within the Planning Proposal as originally endorsed by Council. At this stage, the land required for the basin is included in the draft GP3 CP for land dedication.

 

Relocation of parts of R2 Low Density Residential and R3 Medium Density Residential zones in proximity to the local centre with no resulting change in yield

 

In March 2022, as changes were being made to the masterplan to align with the draft CPCP, Mirvac requested a further change to the masterplan, that would:

·    remove the R3 zone in Area 7 and replace this area with an R2 zone, and

·    expand the R3 zone in Area 6, the same size that was removed from Area 7, with a stipulation that this would result in no change in yield.

Although this change did not result from amendments to the masterplan as a result of the CPCP, it did provide a logical consolidation of the R3 zone, west of the B2 zone.

Land Reserved for Acquisition

To correct an omission in the Planning Proposal that was submitted for a Gateway Determination and upon review of the draft GP3 CP, the Planning Proposal will need to be updated to identify land on the Land Reservation Acquisition (LRA) map and may require an amendment to Clause 5.1 Relevant acquisition authority of the Penrith LEP 2010.

Landowner Consultation

 

The Gateway Determination required consultation with eight individual landowners (not part of the Mirvac developer consortia, whose land is to remain in private ownership), prior to public exhibition. The purpose of the consultation sessions was, to provide landowners the opportunity to engage with Council officers, ask questions and raise their concerns. Landowners were advised that attendance at the consultation session did not negate the need to lodge a formal submission, and all submissions would be assessed post-exhibition to inform any potential amendments to the Planning Proposal.

 

This consultation occurred in August 2021. Key matters that were raised included the extent of, and reasoning for, a significant portion of one of the lots fronting Chain O Ponds Rd being zoned as C2 Environmental Conservation; the large C4 zoned 4,000m2 lots proposed on land fronting The Northern Road; the size and location of open space known as L2 (local park) on the privately owned lots.

 

An outcomes report for this consultation has been forwarded to DPE and will form part of the exhibition package. The consultation sessions held are the first of many opportunities for these landowners (and others) to consult and engage with Council on this project. Noting the Gateway Determination also requires Council to send correspondence to all landowners which form part of the Planning Proposal with an offer to directly meet with Council officers to discuss the Planning Proposal, this additional consultation will be carried out during the formal public exhibition.

 

Department of Planning and Environment timeframes

 

The Gateway Determination issued on 23 September 2020 included a timeframe to complete the LEP within 12 months from the date of issue (being September 2021). Various matters have arisen that have resulted in this timeframe not being achieved including consultation with DPE and State agencies.

 

Delays which impacted achieving the finalisation milestone included:

·    The delay in receiving advice from Schools Infrastructure NSW (SINSW). Council wrote to SINSW in August 2021, to gain certainty on the need for a school site within the release area, including the type, size, and catchment area. Advice was provided in February 2022,

·    Commencing the Stage 2 transport analysis. Advice on the school site was a critical input into the methodology for the Comprehensive Transport and Traffic Impact Assessment (CT&TIA), that Transport for NSW (TfNSW), Council and Mirvac all reviewed and provided input on. Mirvac have forwarded a revised CT&TIA to all parties. TfNSW have no concerns in terms of proceeding with the Planning Proposal to exhibition and will provide a formal submission during the exhibition. Council’s review is in progress, and

·    Amending the Planning Proposal to align with the CPCP as discussed above.

 

Under planning reforms led by the State Government, DPE introduced a new ‘Cohort’ Planning Proposal program, where Planning Proposals that had been in the system and were experiencing challenges, were assisted by DPE’s Planning Delivery Unit to assist in unlocking any obstacles and working towards a resolution. Councillors were briefed on these proposals at the Councillor Briefing of 14 February 2021. These Planning Proposals were issued timeframes for completion by DPE and if these timeframes were not achieved, the Minister for Planning has the ability to ‘call in’ the Planning Proposal to be refused or made. Council’s open dialogue and regular discussions with DPE has likely contributed positively to the project, and the Minister has not yet called in the Planning Proposal.

 

An altered Gateway Determination was issued by DPE on 2 March 2022, that provided a LEP completion date of 30 August 2022. Council wrote to DPE requesting that these timeframes be amended to enable sufficient time for completion of necessary work required for public exhibition.

On 7 April 2022, DPE responded to Council’s letter and acknowledged that Planning Proposals with significant challenges, including the Glenmore Park Stage 3 Planning Proposal, face greater challenges in meeting the timeframes. Notwithstanding the above, DPE encouraged Council to place the Planning Proposal on public exhibition as soon as possible without amending the milestones imposed.

DPE then issued a second altered Gateway Determination on 8 June 2022 granting an extension of time to finalise the Planning Proposal and complete the amendments to the LEP as follows:

·    Reporting to Council for consideration to proceed to public exhibition by 31 July 2022,

·    Public exhibition by 31 August 2022,

·    Reporting to Council for finalisation of the LEP by 31 October 2022, and

·    LEP finalised by 23 December 2022.

 

DPE stated that it is unlikely a further extension of time will be supported unless there are extenuating circumstances and encouraged Council to finalise the plan-making process as soon as possible.

Draft Development Control Plan

The proponent has prepared a draft site-specific DCP (provided in Enclosure 1) to form a chapter of Penrith DCP 2014 that when finalised, will provide detailed planning and development controls and guidelines for specific types of development.

The draft DCP was recently revised to align with the draft CPCP and updated masterplan and was submitted to Council in mid-April 2022. Council officers have commenced a comprehensive review of the DCP to ensure when exhibited, the DCP provides an accurate and appropriate standard of detail. A further review post-exhibition will occur, alongside submissions received from State agencies and the public.

Since the Councillor Briefing of 6 June 2022, Council officers facilitated a DCP workshop with the proponents to collaboratively address certain matters that has resulted in further refinements to the draft DCP. Given DPE’s timeframes for public exhibition and when the revised draft DCP was submitted to Council there are some outstanding matters needing additional time to finalise. These matters are provided below:

·    Section and clear controls relating to lot grading, cut and fill, retaining walls, benching and development on excessively steep areas to guide setup of residential development,

·    Controls and profiles for roads within the proposed development, including Chain O Ponds and The Northern Road treatments,

·    Controls to achieve tree canopy targets in open space areas, street planting and private lots to align with commitments in the PDOSS,

·    A review of the subdivision and residential controls,

·    Further refinement of biodiversity controls in the draft DCP given the uncertainty regarding the status of the draft CPCP, timing of finalisation and proposed planning controls to be introduced, and

·    Other general matters including Asset Protection Zones.

This report recommends that Council and the proponent continue to work collaboratively to progress these outstanding matters, and that Council does not consider adoption of the proposed plans for finalisation until such time that the matters are resolved.

Post-exhibition and in accordance with the Environmental Planning and Assessment Regulations 2021, Council may approve a Contributions Plan or DCP with any alterations the Council considers appropriate, however should the Planning Proposal, draft GP3 CP or draft DCP require amendments that result in a significant change or increase in an impact, re-exhibition may be required.

Draft Section 7.11 Development Contributions Plan

A draft GP3 CP (provided in Enclosure 2) has been prepared in order to deliver the infrastructure required to support future development within the rezoning area. The draft GP3 CP has been informed by specialist studies such as the Transport and Traffic Impact Assessment, PDOSS and Stormwater and Flood Management Strategy.

 

Council officers have engaged consultants to provide a peer review of the draft GP3 CP given the limited timeframes to finalise the Planning Proposal and the need to understand any financial implications for Council and the community. Subsequently, an amended draft GP3 CP was submitted in June.

 

The draft GP3 CP facilitates the delivery of the following infrastructure items:

 

Infrastructure Items

Costs (approximate)

·    Collector roads

·    Certain local roads adjacent to public infrastructure or riparian corridors

·    Off-site road upgrades (The Northern Road and Chain O Ponds Road)

$84,020,020

·    Active and passive open space, including playgrounds and sporting fields

$94,854,328

·    Detentions Basins

·    Raingarden

·    Gross Pollutant Traps

$26,673,063

 

Works Apportioned to other development

All works within draft GP3 CP are apportioned to the proposed development and do not require additional funding.

 

Essential Works List and IPART Approval

The total cost per dwelling/lot under draft GP3 CP is $92,253 for a single dwelling, with lower rates for smaller dwelling types. This cost exceeds the cap on development contributions set through a Direction by the Minister for Planning which is $30,000 for Greenfield areas. In order for Council to be able to charge the full rate of contributions under the draft GP3 CP, it must only fund ‘Essential works’ and be reviewed by IPART. Recommendations from IPART are provided to the Minister for Planning, where Council may be directed to make amendments to the draft GP3 CP before it is approved.

 

While this process is common for development contribution plans for release areas, it carries the risk that works items may be amended or removed if not accepted by IPART. This may result in changes to what items are delivered, costs of land and works and the apportionment of these costs. This risk may result in changes to the draft GP3 CP that could lead to a shortfall in funding for local infrastructure.

 

In order to manage the potential risks, draft GP3 CP has been prepared to comply with the essential works list. It is proposed that the costs of the works in the plan are also to be peer reviewed. It is also proposed that the rezoning of the land is not finalised until such time as the development contributions plan is IPART reviewed so that Council can understand the impact of any changes to the draft GP3 CP.

 

Should IPART not accept the full contribution amount, the financial risk to Council would be that there could be a funding gap of up to $62,250 per lot. With Glenmore Park Stage 3, potentially delivering 2,400 dwellings, this equates to an approximate $135+m gap. The proponents have been made aware of Council’s unwillingness to accept any financial risk, should IPART not accept the full contribution amount. Discussions with the proponent on mechanisms to avoid any risk to Council are ongoing and as a result, Mirvac has sought to minimise this risk by committing to deliver works within Voluntary Planning Agreement (VPA). This will be worked through during public exhibition and reported to Council before the plan and LEP is finalised.

 

Outstanding Matters

Whilst Council has been working with the proponent in preparing the draft GP3 CP, due to the timeframes set by DPE in finalising the Planning Proposal, the draft GP3 CP has been peer reviewed to understand the financial implications and it is unlikely that the list of infrastructure items will change. The draft GP3 CP will be refined in preparation for public exhibition to address matters including:

 

·    Review of proposed land values and cost of works,

·    Assurance of compliance with the essential works list,

·    Review of staging and sequencing,

·    Requirements of works proposed on the Northern Road,

·    Review of works specifications, and

·    Review of population projections and dwelling occupancy assumptions.

 

Given the need to progress the Planning Proposal to exhibition to meet the DPE timeframes, should Council resolve to exhibit the draft GP3 CP, it is recommended that the public exhibition commence with the information submitted to date. Throughout the exhibition period, Council officers, State agencies and the public would have the opportunity to provide feedback, which may result in changes to the documentation post-exhibition. The draft GP3 CP will be reviewed again following the public exhibition, alongside any public submissions. Future Council briefings and reporting post-exhibition will outline any amendments made to the draft GP3 CP.

 

It is noted that any significant changes may result in the documents requiring re-exhibition. Therefore, as part of the exhibition material, Council officers could include a fact sheet which will explain the factors that may result in the draft GP3 CP and associated financial implications being revised at a future date.

 

Offer to enter into a Voluntary Planning Agreement (Local)

Two Letters of Offer (the Offers) (provided in Attachment 1 and 2) to enter into a VPA with Council have been received from the proponent Mirvac and secondary major landowner Vianello, and these will form part of the public exhibition package. Discussions on the Offers are ongoing, with the details of each still to be refined.  A further report will be presented to Council on a future draft VPA. The Offers make provision for affordable housing, the dedication of C2 Environmental Conservation land and the delivery of works proposed within the draft GP3 CP located on land owned or in control of Mirvac and Vianello.

 

Affordable Housing

 

The Penrith Sustainability Blueprint for Urban Release Areas was adopted by Council in 2005. This policy requires affordable housing opportunities to be provided across new urban release areas and provides a minimum performance criterion to achieve this as follows:

·    At least 3% of residential allotments are provided for the purpose of affordable housing, or

·    An appropriate monetary contribution to provide affordable housing units elsewhere with the Penrith Local Government Area (LGA) may be provided.

 

This Blueprint represents Council’s long held policy position and provides a benchmark for negotiations on the quantum and delivery of affordable housing for specific developments.

 

A report is being presented at tonight’s Ordinary Meeting with respect to a Planning Proposal to have a formal Affordable Housing Scheme for Orchard Hills North and Glenmore Park Stage 3. The Scheme aims to contemporise the current policy position within the statutory framework and provide more transparency and certainty to developers and the community. This is an additional contribution applied and is also developed with consideration of feasibility and the ability to pay. This work will be used to assess the suitability of the Offers and address affordable housing more broadly. Council officers have met with the proponent and shared the draft rates for Glenmore Park Stage 3, the methodology and the evidence base used to inform this work.

 

Mirvac have communicated that they are committed to providing a contribution, however, would like to complete their review of the draft rates for Glenmore Park Stage 3, and commit to those rates once those rates have undergone the necessary exhibition and review processes. Mirvac and Vianello, through their Offers, have proposed to provide an affordable housing contribution representing 3% of the forecast dwelling yield (consistent with the Penrith Sustainability Blueprint for Urban Release Areas), to be delivered outside of the Glenmore Park Stage 3 area, but within the Penrith LGA in partnership with a registered Community Housing Provider. Alternatively, this may be provided by monetary contribution to Council based on a future rate to be determined in accordance with an Affordable Housing Contributions Plan implemented under s 7.32 of the Environmental Planning and Assessment Act 1979.

 

Dedication of C2 Environmental Conservation Land

Land under Mirvac and Vianello’s control identified as CPCP with a proposed zoning of C2 Environmental Conservation is proposed to be dedicated to Council through a future VPA. This land (excluding water management infrastructure) cannot be included in the draft GP3 CP as it is not listed on the Essential Works List. It is considered generally acceptable for this land to be dedicated to Council, however further dialogue during the VPA process is needed to ensure the proponents fulfil Council’s expectations in relation to the condition of the land at handover.

Section 7.11 Contributions

The Offers also propose to deliver, embellish, and dedicate land in accordance with the draft GP3 CP for their land holdings. This part of the Offer seeks to minimise any potential financial risk to Council should IPART not approve or amend the draft GP3 CP.  

Further review of the Offer is required to ensure all works are included, specifications established, staging of works is agreed and to ensure that the Offer does not have any other unintended impacts on the draft GP3 CP.

Community Facility

Whilst not listed in the Offer, Mirvac has offered to provide a community facility over and above the s7.11 Contributions required to be delivered. Key elements of the current offer are as follows:

·    The inclusion of a café and several multi-use spaces, one of which will be used as Mirvac’s sales office,

·    The centre will be located within District Park 4 (D4), situated centrally in the southern half of the release area,

·    Delivery of the centre is intended to be part of Stage 1 of the development and in time for the arrival of the first residents,

·    Any amenities for the centre will be provided in addition to those required by the sports fields at D4,

·    Mirvac propose to lease the building from Council under a 5-year lease term (with a 3-year extension option) and take care of maintenance obligations during this time,

·    Mirvac propose to sub-lease the café operations and community service management to a third-party social enterprise group, and

·    Mirvac (if directed by Council) will demolish the community centre upon expiry and convert the area to open space, as originally intended.

 

Mirvac’s vision for the community facility is that it will initially be used as a sales office, provide a space for a café, and spaces to facilitate welcome programs and other community events. Mirvac has proposed that potential rent proceeds (from café operations or a social enterprise group) can provide ongoing funding for maintenance and upkeep of the building once the development is completed.

 

Council’s initial advice to the proponent was that any contribution to be made towards the delivery of a community facility would be best directed towards the delivery of a facility at a location outside the release area at a more central position in the Penrith LGA. That is, a monetary contribution towards a district level facility.

 

This offer could provide an opportunity to trial this model as a pathway to create social cohesion and connection in the release area, and as a result Council officers are reviewing this offer and are considering matters such as:

·    The benefits to the community,

·    The use of land zoned for public purposes for commercial uses,

·    Location and scale, and

·    Ownership and leasing arrangements.

 

There will be further opportunities throughout the Planning Proposal and VPA processes to work closely with the proponents to refine the offer and terms of agreement.

 

Offer to enter into a Voluntary Planning Agreement (State)

The Gateway Determination states that Council is to request the proponent to initiate discussions with DPE regarding State infrastructure needs generated by the proposal. State infrastructure needs are likely to include land for the school site and further upgrades to external roads and intersections.

 

The masterplan identifies a school site north of the sports fields and opposite the B2 Local Centre. Land required for the school site will likely be delivered through a State VPA at no cost to the government. DPE will investigate this in further detail in consultation with the relevant parties.

 

The revised CT&TIA has identified the need for external upgrades on roads external to the release area. TfNSW has requested modelling of Glenmore Parkway and the M4 Motorway to be prepared prior to finalisation of the LEP. The mechanism to secure funding for State road upgrades generated by the proposal will be negotiated by the proponent and the NSW Government further post-exhibition.

Public Exhibition

Should Council endorse the draft DCP, draft GP3 CP and two Letters of Offer to proceed to public exhibition, the following information will be exhibited for a period of 28 days in accordance with the requirements outlined in the Environmental Planning and Assessment Act 1979:

·    The Planning Proposal and associated technical studies,

·    Draft site-specific amendment to Penrith Development Control Plan 2014 relating to Glenmore Park Stage 3,

·    Draft Glenmore Park Stage 3 Contributions Plan,

·    Letters of Offer,

·    Gateway Determination issued by DPE, and

·    Any other relevant plans and strategies.

 

The package of information will be publicly exhibited via various methods including on Council’s website, through newspaper advertisements and notices at Penrith and St Marys libraries.

As outlined in this report above, the Gateway Determination states that in addition to Council’s standard consultation during public exhibition, Council should send correspondence to all landowners which form part of the rezoning with the offer to directly meet with Council officers to discuss the Planning Proposal. This will be undertaken during the 28-day public exhibition period.

Given the need to progress the Planning Proposal to exhibition to meet the DPE timeframes, should Council resolve to exhibit, it is recommended that the public exhibition commence with the information submitted to date. Throughout the exhibition period, Council officers, State agencies and the public would have the opportunity to provide feedback, which may result in changes to the documentation post-exhibition. It is noted that any significant changes may result in the documents requiring re-exhibition.

 

Financial Implications

There are financial implications for Council’s consideration, relating to the draft GP3 CP and infrastructure delivery.

 

Independent Pricing and Regulatory Tribunal (IPART) review and potential funding gap

The draft GP3 CP needs to be referred to IPART as it exceeds the cap of $30,000. Although we are developing the draft GP3 CP with the essential works list in mind, there is still a risk that IPART will not support the draft GP3 CP over the cap and a funding gap in the plan may occur. In this regard and based on an approximate contribution rate of $92,253 per dwelling, this would leave up to a $62,250 per lot shortfall equating to a potential $135m shortfall (based on 2400 dwellings).

 

Council officers have sought to work with the proponent to determine a contingency, such as Mirvac committing to the full funding of items if IPART fails to approve or amends the draft GP3 CP. At this time, a contingency has not been agreed, however there is still an opportunity to work with the proponent and the relevant stakeholders to reduce the financial risk. It is also noted that the risk is not realised until the Planning Proposal is actually made, and the land is rezoned. There is also an opportunity to not proceed with the Planning Proposal after it is exhibited should the financial risk not be fully mitigated to Council’s satisfaction.

Risk Implications

There are several risk implications for Councils’ consideration, and these are detailed below:

 

Community expectation

The public exhibition of the Planning Proposal will place a draft LEP on the subject land, thereby raising community and developer expectations that the Glenmore Park Stage 3 development project is progressing to a state where development applications for subdivision and development of the land may soon commence. The risk is that there will be impetus to Gazette the LEP soon after completion of the public exhibition, to achieve DPE’s timeframes. Should Gazettal occur without having in place the supporting draft DCP, draft GP3 CP, local VPA and State VPA, the outcome would be that the rezoning would not be supported by the necessary infrastructure or quality planning controls required.

 

To address the risk of potentially enabling completion and Gazettal of the draft LEP post-exhibition without first having in place a supporting draft DCP, draft GP3 CP, local VPA and State VPA, it’s imperative that Council does not provide its endorsement to the Planning Proposal post-exhibition until:

 

·    The IPART review process for the draft GP3 CP has been completed,

·    The supporting draft DCP, draft GP3 CP (after IPART review), and local VPA have been considered and endorsed by Council post-exhibition, and

·    The State VPA has been drafted, publicly notified and executed.

 

An alternative solution may be suggested by DPE, where the LEP is allowed to be Gazetted but with an attached delayed commencement timeframe. This is not recommended to be pursued, because such a solution guarantees that the LEP and rezoning will occur, but does not guarantee that the supporting draft DCP, draft GP3 CP, local VPA and State VPA will also occur/take effect.

Conclusion

The Planning Proposal seeks to amend the planning controls prescribed by Penrith LEP 2010 for a 206ha site located at Chain O Ponds Road and The Northern Road, south of the existing suburb of Glenmore Park to allow urban development.

DPE’s direction requiring the Planning Proposal to align with the CPCP, has resulted in revisions to the Planning Proposal masterplan and supporting technical documents (including the draft DCP, draft GP3 CP and draft PDOSS). The intent of the Planning Proposal has not substantially changed due to these amendments.

Council officers have commenced their comprehensive review of the draft DCP, draft CP, draft Letters of Offer to enter a VPA, and other supporting documents that has enabled Council to consider that the matter can be progressed to a public exhibition. This report identifies risks to Council and the community; how these risks are intended to be mitigated; and outstanding matters that need to be resolved prior to future consideration to adopt the proposed plans and finalise the LEP.

Given the DPE timeframes, this report recommends that the Planning Proposal proceeds to public exhibition, seek the community’s feedback on the proposal, and that Council and the proponent continue to work collaboratively to progress any outstanding matters prior to finalisation of the LEP and other plans.

 

RECOMMENDATION

That:

1.     The information contained in the report on Planning Proposal to amend Penrith LEP 2010 - Glenmore Park Stage 3 - draft Development Control Plan and draft Contributions Plan be received.

2.     The Planning Proposal for Glenmore Park Stage 3 (RZ18/0006) be placed on public exhibition and agency consultation as soon as practical, concurrently with the draft Section 7.11 Contributions Plan, draft Development Control Plan, and VPA Letters of Offer which are attached or enclosed to this report.

3.     A report be prepared for Council to present the outcomes of the public exhibition and agency consultation.

4.     After exhibition of the Letters of Offer, a draft Voluntary Planning Agreement be reported to Council for endorsement for public notification.

5.     The Department of Planning and Environment be provided with an update on Council’s decision.

 

 

ATTACHMENTS/APPENDICES

1.

VPA Letter of Offer from Mirvac

15 Pages

Attachments Included

2.

VPA Letter of Offer from Vianello

7 Pages

Attachments Included

3.

Summary of key features of Planning Proposal

3 Pages

Attachments Included

  


Ordinary Meeting                                                                                                    25 July 2022

 

 

 

8

Voluntary Planning Agreement offer by Altis Frasers for the Yards Estate 657-769 Mamre Road, Kemps Creek   

 

Compiled by:               Glen Weekley, Executive Planner

Authorised by:            Natasha Borgia, City Planning Manager

Kylie Powell, Director - City Futures  

 

Outcome

We plan and shape our growing City

Strategy

Undertake strategic planning that will ensure balanced growth and liveability

Principal Activity

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

 

Previous Items:           Amendment to Penrith City Wide 7.12 Development Contributions Plan for Non-Residential Development - Ordinary Meeting - 25 Oct 2021

                                      Re-exhibition of Draft Mamre Precinct Development Contributions Plan - Ordinary Meeting - 22 Nov 2021   

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

 

Landowner: The Trust Company (Australia) Ltd ACN 652 872 880

Proponent: Altis Frasers JV Pty Ltd as trustee for the ARET Frasers Project Trust ACN 640 585 897

 

Executive Summary

The purpose of this report is to seek Council’s endorsement to notify a draft Voluntary Planning Agreement (VPA) sought by The Trust Company (Landowner) and Altis Frasers (the Developer), to support the delivery of infrastructure within the Mamre Road Precinct.

The parties to the VPA are  The Trust Company (Australia) Ltd, Altis Frasers JV Pty Ltd as trustee for the ARET Frasers Project Trust  and Penrith City Council.

The site, whilst located in the Mamre Road Precinct, is not subject to a Development Contributions Plan, as it was excised from the Mamre Road Precinct Development Contributions Plan 2022 (the CP).The site was excised from the CP as the approval for the initial subdivision on the site and enabling works such as earthworks and road construction under State Significant Development (SSD 9522), was approved by the Department of Planning and Environment, ahead of the finalisation of the DCP and Draft Mamre Precinct CP and included payment of contributions under Councils s7.12 plan for non-residential development.

The VPA proposes a monetary contribution of $9,600,000 towards landscaping and open space embellishment within in the Mamre Road Precinct. The value of the monetary contribution is equivalent to charges that would otherwise be applied if the CP applied to the land.

The purpose of this report is to seek Council’s endorsement of the draft VPA to allow for public notification. Should Council endorse the draft VPA, the draft VPA will be placed on public notification, in accordance with the Environmental Planning and Assessment Regulation 2000 and Penrith Developer Infrastructure Agreements Policy.

Following the notification period, a further report to Council will be prepared. This report will provide details of any submissions received and should no issues be raised in submissions received, seek Council’s endorsement of the VPA.

Background

The VPA offer has been submitted to collect Developer Contributions for the future development of the Yards Estate that is located at 657-769 Mamre Road, Kemps Creek and that is being developed by Altis Frasers. Specifically, the VPA offer applies to Lots 1 DP 1018318 and 1 DP 1271677.

The VPA will apply to the development of the land in accordance with any future development consent and includes, but is not limited to, the following development applications:

·    Development not previously approved under SSD 9522, and 

·    SSD 25725029 ARDEX WAREHOUSE AND MANUFACTURING FACILITY that involves the construction and operation of a manufacturing plant to produce 48,000 tonnes per annum of powder and 25,000 tonnes per annum of liquid chemicals for cement works and related products and subdivision. This SSD is yet to determined.

Development not previously approved under SSD 9522

Development approved under SSD 9522 was for the initial subdivision on the site and enabling works such as earthworks and road construction. Contributions were sought via a 1% levy charged on the total cost of works under Councils s7.12 plan for non-residential development. However future development applications for new buildings within the estate will also need to contribute to infrastructure within the Mamre Road Precinct.

Development Consent cannot be granted unless a CP or VPA are in place

Under the Environmental Planning and Assessment Regulations 2000 a contributions plan or VPA needs to be in place prior to development consent being issued. Therefore, in the absence of an adopted Contributions Plan, development consent for future development as part of SSD 9522 and SSD 25725029 cannot be issued until a VPA is executed.

The VPA Offer

The Landowner and the Developer propose to pay development contributions totalling $9,600,000 to Council, which generally reflects the contribution that would have otherwise applied to the developable land if the site had been included in the CP. The offer is based on a rate per hectare that equates to $9,600,000.

The contributions payable under this VPA will be applied to landscaping and open space embellishment within the Mamre Road Precinct above what is included in the CP, and will extend to the following:

·    Provision of new trees, shrubs and ground covers to areas reserved for open space

·    Construction of bike paths and walking tracks for us by the local community

·    Outdoor exercise equipment, and

·    Picnic and rest areas.

The timing of the payment of the monetary contributions will be prior to the issuing of the relevant Construction Certificate (CC) of each new building within the estate, not previously approved under SSD 9522 and the issuing of a CC for the SSD 25725029.

Assessment of Offer

A review of the offer has been undertaken in accordance with the Penrith Developer Infrastructure Agreements Policy (PDIAP) and this review has been considered by Council’s Local Infrastructure Contributions Working Group (LICWG) at its meeting of 26 April 2022.

It is considered that the draft VPA provides public benefit by providing a monetary contribution towards landscaping and open space embellishment that will fund the delivery of important community assets in the Mamre Road Precinct. This recreational infrastructure will be utilised by the future employees in the Mamre Road Precinct as well as being accessible to the broader community. As the site has been excised from the CP, a VPA is the only mechanism available to ensure future development contributes to the provision of important recreational infrastructure. Therefore, the offer to make a monetary contribution based on rates equivalent to the CP is considered acceptable.

The draft VPA has been prepared in accordance with the Penrith Developer Infrastructure Agreements Policy to protect the community from adverse planning decisions and has been reviewed by Council’s Legal Services Team who have provided advice that the draft VPA can be placed on public notification subject to Council’s endorsement.

 

Financial Implications

 

The draft VPA proposes a monetary contribution that will fund landscaping and open space embellishment in the Mamre Road Precinct. This monetary contribution is equivalent to the rate that would be charged under the CP. The draft VPA provides a mechanism for the collection of developer contributions and ensures infrastructure costs are paid for by the Landowner and Developer and not Council.

Risk Implications

Any risks to Council have been limited through the negotiation of the letter of offer in accordance with Council’s PDIAP and the review of the draft VPA by Council’s Legal Services team.

Security that contributions will be paid is provided by the VPA so that a CC will not be issued until the required monetary contributions has been paid. The VPA will also need to be registered on title.

Next Steps

Should Council endorse the draft VPA, the draft VPA will be placed on public notification, in accordance with the Environmental Planning and Assessment Regulation 2000 and Penrith Developer Infrastructure Agreements Policy.

Following the notification period, a further report to Council will be prepared. This report will provide details of any submissions received and should no issues be raised in submissions received, seek Council’s endorsement of the VPA.

Conclusion

The draft VPA proposes a monetary contribution to fund landscaping and open space embellishment in the Mamre Road Precinct. The value of the monetary contribution is equivalent to the rate that would be levied under the CP.

 

The draft VPA has been reviewed by Council’s Legal Services Team who have provided the advice that the draft VPA can be placed on public notification subject to Council’s endorsement. Therefore, it is recommended that Council endorse the draft VPA to be placed on public notification in accordance with the Environmental Planning and Assessment Regulation 2000 and Penrith Developer Infrastructure Agreements Policy.

 

RECOMMENDATION

That:

1.     The information contained in the report on the Voluntary Planning Agreement offer by Altis Frasers for the Yards Estate 657-769 Mamre Road, Kemps Creek be received.

2.     Council endorse, for notification, the draft Voluntary Planning Agreement for by Altis Frasers for the Yards Estate 657-769 Mamre Road, Kemps Creek, provided as a separate enclosure to this report.

3.     A further report to Council be prepared following the notification of the VPA, that details any submissions received and should no significant issues be raised in submissions received, seek Council’s endorsement of the VPA.

 

 

 

ATTACHMENTS/APPENDICES

1.

Draft Voluntary Planning Agreement for 657-769 Mamre Road, Kemps Creek

20 Pages

Attachments Included

   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 4 - We manage and improve our built environment

 

Item                                                                                                                                       Page

 

9        Grant Acceptance - Metropolitan Greenspace Program                                                 63

 

10      Multi-Sport Community Facility Fund - Grant Acceptance                                              67

 

11      RFT21/22-09 Woodriff Gardens Tennis                                                                           71

 

12      RFT22/23-01 Surveyors Creek Footpath and Associated Civil Works                           75

 

13      RFT22/23-07 City Park Landscape Construction and Allen Place Lane Construction Tender                                                                                                                                           80

 

 

 

 

 

 

 



Ordinary Meeting                                                                                                    25 July 2022

 

 

 

9

Grant Acceptance - Metropolitan Greenspace Program   

 

Compiled by:               Karin Felten, Landscape Architecture Supervisor

Authorised by:            Michael Jackson, Design and Projects Manager

Brian Steffen, Director - City Services  

 

Outcome

We manage and improve our built environment

Strategy

Plan for and maintain accessible, safe and high quality infrastructure

Principal Activity

Design and deliver Council’s major capital projects

      

 

Executive Summary

This report provides information on a successful submission to the recent opportunity for funding from Department of Planning and Environment through the Metropolitan Greenspace Program (MGP) 2021/2022.

 

The Design and Projects and Economic Initiatives departments applied for funding to review and contemporise the Our River Masterplan (2013). The existing Masterplan has been the catalyst for improving economic and social connectivity, as well as driving growth in visitor numbers to the River precinct now and into the future.

 

As we are approaching 10 years since the plan was endorsed by Council and with several key priority projects having been delivered or underway, it presented a timely opening to explore opportunities to review and contemporise the Masterplan. Given the short timeframe for applications and decision making under this program, it was not possible to report to Council prior to submitting the application.

 

This report recommends that Council accepts the $100,000 from Department of Planning and Environment and endorse a matched funding contribution of $100,000 to prepare an updated Masterplan for the River Precinct.

Background

In 2013 Council developed a Masterplan for “Our River” (The Plan), the purpose of which was to provide the Council and its community with a roadmap for the future stewardship of the City’s River reach, connecting it with the Penrith City Centre, enhancing its natural environment, nurturing a landscape that supports active and healthy lifestyles whilst celebrating its rich history and cultural values. The Plan provided the framework for further design development, continuing stakeholder engagement, and the establishment of a funding program for the progressive implementation of the concepts that the plan enshrines.

 

There is evidence that the adopted “Our River” Nepean Masterplan has provided a strategic framework, with considerable positive impact on the long-term revitalisation of the Nepean River and its connection to its people and the city. Based on patronage and economic analysis, the project has contributed considerably to the City’s overall economic and social wellbeing.

 

During the Covid-19 lockdowns, the heightened use of green and outdoor spaces has increased dramatically as people were forced out of indoor activities such as shopping, gyms, and swimming pools to recreate or exercise. This increase in visitation within the Masterplan catchment area, was reflected in the data derived from counting the number of Wi-Fi signals emitted by non-identifiable mobile devices.  The data between 2021 to 2022 period had indicated visitation recorded at 381,697 visitors (Based on 2021 and to March 2022), with an average daily visitation of 1,615. (Weekdays avg. daily 1,537 and Weekend avg daily 1,807). The improved amenities and access have provided visitors and residents, some much needed respite from the challenges at the height of the pandemic.

 

Some identified priorities and positive impacts included:

•        The significant role it played in influencing State Government and Federal Government funding through more detailed costings and a refined Masterplan.

•        The role it played in enabling Council to successfully facilitate several key transformative projects in the river precinct.

•        Its influence in the acceleration of significant funding to support the growing Penrith region as a thriving river city.

 

There are several unprecedented city-shaping state and locally significant projects in the pipeline that will have a flow-on impact to the Nepean River precinct. These projects are at various stages of the planning and construction phases and when fully realised, will increase visitation and connectivity to the precinct.

 

The pandemic has reinforced the importance of public, open and shared spaces as they support increased physical activity, promote healthy lifestyles, improve wellbeing, and play a vital role in connecting communities. As density continues to increase, the importance and need for outdoor spaces continues to rise. Getting outside to exercise was one of the positive impacts that improved our community’s quality of life.

 

The MGP grant program aims to create liveable places, great neighbourhoods and build sustainable communities in Sydney and across NSW. The MGP commits grant funding to local councils in Greater Sydney and the Central Coast for projects that improve and increase access to regionally significant open space.  The MGP Grants are offered on a dollar-for-dollar basis.

Current Situation

The purpose of the project is to identify gaps, challenges, and opportunities and build upon the vibrancy of an active precinct experiencing rapid change.

 

The updated Masterplan will identify opportunities and projects for Council to work towards delivering over the next 10 years. It will align closely with current State Government and Council strategic planning documents and will be developed through continued engagement with local community and stakeholders, providing a blueprint for Council to follow to celebrate, activate, manage, and protect the City’s favourite natural asset.

 

The following objectives of this project are aligned to the grants objectives:

 

•        Acknowledge and embed First Nations culture and heritage through Connection to Country, building on partnerships with relevant stakeholders and community,

•        Align with current State Government and Council strategic planning, guideline document and policies e.g., Green and Blue Grids, “Better Placed”

•        Contemporise and extend the 2013 Masterplan including spatial planning, newly identified and catalyst capital works projects, including costs and implementation plans. Areas for targeted spatial planning and design may include Weir Reserve and rowing tourism, Leonay foreshore, Factory Road Reserve, Cassola Place link to Penrith Lakes

•        Identify and address current and emerging challenges to the precinct’s use, operations, and management, such as access to water and water-based activity, flooding, connectivity, recreational opportunities, business enterprise, traffic, and parking

•        Ensure engagement with community and stakeholders is a continuum and partnerships and collaboration occur

•        Ensure future economic and commercial opportunities are feasible, appropriate, well managed, and complimentary to the area

•        Identify opportunities to extend and increase green cover and canopy across the precinct, to build climate change and environmental resilience, and enhance Green Grid corridors

•        Enhance the vibrancy and Place authenticity of Our River, showcasing innovation and inclusion through community, public art, and interpretation

•        Plan to ensure Council has long term capacity and resources to deliver and manage the extended precinct sustainably.

 

Financial Implications

The Metropolitan Greenspace Program (MGP) 2021/2022 will provide $100,000 grant funding towards the review of the 2013 Our River Masterplan. MGP Grants are offered on a dollar-for-dollar basis with Council’s matching contribution to be funded from the Grants Reserve.

The updated Masterplan will identify opportunities and projects for Council to work towards delivering over the next 10 years. Future projects will likely be prioritised and funded through Council’s future Operational and Delivery Programs with grant funding opportunities from external sources also to be investigated.

Risk Implications

The grant application was submitted based on project cost estimates that reflect the proposed scope of work. The funding agreement will be reviewed to ensure terms are agreeable and, once signed will be implemented accordingly. Project management processes will be implemented to manage delivery. Communication strategies will be implemented as projects progress. Risks will be managed within Council’s Risk Register.

Conclusion

The ‘Our River’ Masterplan (2013) has been the catalyst for improving economic and social connectivity, as well as driving growth in visitor numbers to the River precinct now and into the future.  The purpose of the evaluation was to celebrate the achievements and to identify opportunities and build upon the vibrancy of an active precinct experiencing rapid change. 

 

The Masterplan has been effective in creating a cohesive and vibrant space by setting the strategic intent of the Nepean River and has achieved sustainable place making outcomes through the coordinated delivery of projects such as Regatta Park and the Police Cottage to enhance the river for residents and visitors alike. 

 

An updated Masterplan will be effective in creating a cohesive and vibrant space by setting the strategic intent of the Nepean River and has achieved sustainable place making outcomes through the coordinated delivery of projects to enhance the river for residents and visitors alike. The Nepean River will continue to be a major destination, that will enhance our environmental and recreational value and provide ongoing support to the development of our community. Protecting and managing the Nepean River remains a key priority for Penrith City Council and the community.

 

The grant funding and matched Council funding will support an updated Masterplan that will identify projects and upgrades for Council to work towards delivery over the next 10 years. It will align closely with current State Government and Council strategic planning documents and will be developed through the continued engagement with local community and stakeholders, providing a blueprint for Council to follow to celebrate, activate, manage, and protect the City’s favourite natural asset.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Grant Acceptance - Metropolitan Greenspace Program be received

2.     Council accept the Metropolitan Greenspace program funding for $100,000 and allocate the matched Council Contribution of $100,000 for the update of the Our River Masterplan

3.     Council write to relevant State Members and the Minister thanking them for their funding support towards delivering positive opportunities in planning public spaces for our community

4.     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                                                                                                    25 July 2022

 

 

 

10

Multi-Sport Community Facility Fund - Grant Acceptance   

 

Compiled by:               Andrew Robinson, Community Facilities and Recreation Manager

Virginia Tuckerman, Community Facilities and Recreation Planning and Projects Coordinator

Matthew Buckley, Major Projects Coordinator

Authorised by:            Brian Steffen, Director - City Services  

 

Outcome

We manage and improve our built environment

Strategy

Plan for, maintain and provide spaces and facilities that support opportunities for people to participate in recreational activities

Principal Activity

Plan for community facility, sport, recreation, play, open space infrastructure provision and support project delivery

      

 

Executive Summary

This report advises Councillors that correspondence received on 27 June 2022 from The Hon. Stuart Ayres MP, Minister for Enterprise, Investment and Trade, Tourism and Sport, and Western Sydney, confirmed that $6.425 million has been awarded to Council from the NSW Office of Sport’s Multi-Sport Community Facility Fund (MSCFF) grant program (Round One) towards projects at both The Kingsway ($1.425 million) and Gipps Street Recreation Precinct ($5 million). The grant funding that has been awarded is for the full amounts requested.

At Council’s Ordinary Meeting on 21 February 2022, it was resolved that applications be submitted to the MSCFF grant program for:

Gipps Street Recreation Precinct, Claremont Meadows 

Construction of new multi-sport playing fields, floodlighting, irrigation and training infrastructure.

The Kingsway North, Werrington (Oz tag, Touch Football, Cricket)

Amenity building redevelopment including storage, showers and toilets, administration, and canteen facilities, designed to be inclusive and accessible.

Council has previously received successful funding of $9.45m for 8 projects under similar preceding grant schemes: Greater Sydney Sports Facility Fund & Greater Cities Sports Facility Fund.

The report recommends that the information be received, Council endorse acceptance of the grant awards for Gipps Street ($5m) and The Kingsway ($1.425m), and a letter of appreciation be provided to the NSW Government.

The report also seeks Council endorsement to award Glascott Landscape and Civil Pty Ltd up to $5,000,000 (excluding GST) inclusive of rise and fall allowance for stage 2 items including the MSCFF delivery items described above. 

Background

The NSW Government has committed $200 million to the Multi-Sport Community Facility Fund grant program over two years, aimed at helping create spaces and facilities that enable communities to enjoy and take part in sport. The Fund will focus on assisting organisations to develop quality sport infrastructure that will meet the current and future needs of multiple sport users in the community.

The NSW Government has allocated $100 million in 2021/2022 (Round 1). The minimum grant request is $1 million and the maximum grant is $5 million. Applicants are required to provide a 50 percent financial co-contribution of the total grant request amount. Commencement of construction is required in 2022 and must be completed by 30 June 2025.  

Council has previously received successful funding of $9.45m for 8 projects under similar preceding grant schemes: Greater Sydney Sports Facility Fund & Greater Cities Sports Facility Fund. These projects include the Jamison Park Synthetic Sports Facility, Penrith; Mulgoa Rise Sports Amenity Extension, Glenmore Park; Mark Leece Amenity Replacement, St Clair, Ched Towns Reserve Amenity Upgrade, Glenmore Park, Doug Rennie Amenity Upgrade, Kingswood, The Kingsway Irrigation and Turf Upgrade, Werrington; Surveyors Creek Softball Facility Upgrade, Glenmore Park and the Gipps Street Amenity Upgrade, Claremont Meadows. 

Current Situation

Two applications were submitted to 2021/2022 MSCFF (Round One):

Gipps Street Recreation Precinct, Claremont Meadows

A grant application was submitted to the MSCFF for $5,000,000. Council’s contribution of $2,500,000 was allocated from its existing 7.11 District Open Space Contributions Plan. 

The grant and Council’s contributing funding will support the construction of new playing fields, LED floodlighting, irrigation systems and multi-sport training infrastructure. The new sporting infrastructure will create opportunities for local, district and State Sports organisations, schools and community groups to provide participation opportunities including training, competitions and events. It is estimated that Gipps Street will sustain in excess of 400,000 visitations annually.

Glascott Landscape and Civil Pty Ltd were awarded the construction of stage 1 works for the RFT 21/22-07 Gipps Street Recreation Precinct - Landscape Construction at the 2 May 2022 Ordinary meeting. The construction contract includes provisional rates for award of grant funded items (stage 2 items), subject to rise and fall allowance. This report also seeks Council endorsement to award Glascott Landscape and Civil Pty Ltd up to $5,000,000 (excluding GST) inclusive of rise and fall allowance for stage 2 items including the MSCFF delivery items described above. 

The award of these provisional rates allows MSCFF grant items to be constructed and opened to the public at the same time as the current Gipps Street scope of works.

The Kingsway North, Werrington

A grant application was submitted to MSCFF for $1,425,000. Council’s contribution of $850,000 was allocated from its existing Building Asset Renewal Program.

The grant and Council’s contributing funding will support the redevelopment of the existing amenity building ensuring that an inclusive contemporary facility is provided which meets the needs of multiple sport user groups. Facility upgrades will include storage, showers and toilets, administration, and canteen facilities

The Kingsway North is a key multi use sport and recreation precinct that services 7,500 participants on weekly basis and has an annual visitation of over 350,000 community members across local, state and school sport programs. The Kingsway North is among one of the largest Touch Football, Oz Tag and cricket facilities in NSW.

 

Financial Implications

This report outlines successful grant funding for two projects from NSW Government Office of Sport through the Multi-Sport Community Facility Grant program. These grants will provide Council with the opportunity to leverage existing funding to construct new facilities and upgrade the existing facilities, improve standards, access, and storage in line with Council’s plans, programs and strategies.

Where co-contribution of funding has been identified as part of the project budget, these will be accommodated through Council’s existing programs and reserves including Building Asset Renewal Program and District Open Space Contributions.

The estimated annual operational and maintenance cost for The Kingsway North Amenity Enhancement Project is $56,875. The future asset replacement cost is estimated at $3,064,095 based on a 20-year useful life value and an estimated LGCI of 1.5%.

The estimated annual operational and maintenance cost for Gipps Street Recreation Precinct (field sports and courts components only) is $187,500 with a future asset replacement cost estimated at $9,805,055 based on an 18-year useful life and an estimated LGCI of 1.5%. Due to the various elements that make up the Gipps Street Recreation Precinct, the final project cost is subject to change as stages of its development are adopted.

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

Risk Implications

There are no significant risks for Council associated with this report. All project risks will be managed by Council staff through risk management procedures.

Conclusion

The projects at both Gipps Street Recreation Precinct and The Kingsway North are both prioritised in Council’s Sport and Recreation Strategy. Since the Strategy’s adoption in April 2020, 53 sport, recreation, play and open space projects have been completed, providing infrastructure that supports and encourages active and healthy lifestyles and improves the City’s liveability.

 

RECOMMENDATION

That:

1.     The information contained in the report on Multi-Sport Community Facility Fund - Grant Acceptance be received.

2.     Council endorse acceptance of the grant awards for Gipps Street ($5m) and The Kingsway ($1.425m)

 

3.     Provisional stage 2 rates from Glascott Landscape and Civil Pty Ltd for Multi-Sport Community Facility Fund - Grant Acceptance, for an amount up to $5,000,000 (excluding GST) inclusive of rise and fall allowance be accepted.

4.     Letter of appreciation be issued to the NSW Government.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                    25 July 2022

 

 

 

11

RFT21/22-09 Woodriff Gardens Tennis   

 

Compiled by:               Peter Foster, Project Supervisor

Michael Jackson, Design and Projects Manager

Authorised by:            Brian Steffen, Director - City Services  

 

Outcome

We manage and improve our built environment

Strategy

Plan for and maintain accessible, safe and high quality infrastructure

Principal Activity

Design and deliver Council’s major capital projects

      

 

Executive Summary

Tender reference RFT21/22-09 Woodriff Gardens Tennis was advertised online through Apet360 and e-tendering websites on 3 May 2022. The tender closed on 22 June 2022.

This report advises Council of the outcome of the tender process and recommends that the tender from Alpall Pty Ltd for the full scope of works outlined in RFT21/22-09 Woodriff Gardens Tennis be accepted for the amount of $2,282,000.00 (excluding GST).

Background

Council has an ongoing community centre renewal program to upgrade facilities which incorporates internal redesign for improved functionality, additional storage and accessibility upgrades.

Refurbishment works at this site features the following:

•        Additional changerooms and bathrooms

•        Refurbishment of external cladding, roofing, ceilings and floors, updating fire services, new fire stairs, accessible lift, improved security and lighting.

•        Installation of air-conditioning units.

•        Replacement of windows and doorways

•        Demolition and installation of new partition walls and doors to create more useable space for staff and patrons to include indoor training, meeting room, first aid room and coach’s office, new kiosk and kitchenette.

•        Renovation of existing toilets and change rooms

•        New Accessible bathrooms and Adult change room

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 Was chaired by Wasique Mohyuddin – Delivery Program Manager, Stephanie Gray - Community Facilities and Recreation Planning and Projects Officer, Peter Foster - Project Supervisor, Rosemarie Canales - Architectural Supervisor, Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

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

•        Company Profile

•        Conformance, Acceptance and Declaration

•        Business References

•        Completion of Forms Tender Price submitted

•        Compliance Statement

•        Capacity to Perform the Works

•        Works Method and Program

•        Local Business Preference

•        Financials

•        Employment Policies

•        Quality Assurance Systems

•        Environmental Management Systems

•        Work Health and Safety

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

Alpall Pty Ltd

$2,282,000.00

P/O Box 710 Springwood 2780

David Crum

Buildpark Homes Pty Ltd

$2,881,300.00

Level 3, 565 High Street, Penrith

(Michael) John Green

AWS Build Pty Ltd

$3,812,855.35

Unit 7,2 Bolton Street, Sydenham

Carlos Abrey

Rogers Construction Group Pty Ltd

$3,709,406.71

3/74 Edward Street Riverstone

Mitchell Rogers

Westbury Constructions Pty Ltd

$4,562,388.00

Unit 601,5 Celebration Drive, Bella Vista

Excluded tenderer

 

The four (4) lowest priced tenders were considered for initial assessment based on available budget and were evaluated using Apet360 software to provide a ranking for conformance with the evaluation criteria. Tenders evaluated were the submissions from Alpall Pty Ltd, Buildpark Homes Pty Ltd, AWS Build Pty Ltd and Rogers Construction Group Pty Ltd.

The tender from Westbury Constructions Pty Ltd was not considered for the evaluation as their tender price was higher than the expected price range.

Evaluation of the Preferred Tender

Following an initial assessment and after reviewing the clarifications, the tender from Alpall Pty Ltd was considered by the Tender Evaluation Committee to provide the highest value for money in terms of effectiveness and price. 

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

·    Compliance with the tender evaluation criteria,

·    Demonstrated ability to meet Council’s requirements; and

·    Lowest price for the services offered.

The Tender Evaluation Committee thoroughly reviewed the information provided pertaining to past experience of the proposed tenderer and conducted reference checks. 

Alpall Pty Ltd has successfully delivered projects of similar scale and nature in the past for Council including constructing the main Mulgoa Rise Amenities and the more recent refurbishment of multiple sport amenity buildings across the LGA.  The project evaluation team has contacted their previous clients for reference checks and received positive feedback with no concerns about their performance and ability to deliver projects of this magnitude.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Alpall 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.

Funding is provided by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts Local Road and Community Infrastructure Program (Phase 3), the Office of Sport Election Commitments Program, and Council’s Building Asset Renewal Program. The tendered price by Alpall Pty Ltd of $2,282,000.00 excluding GST is within budget.

The maintenance and operational requirements will start at $77,489 per annum at completion of the project. Council’s asset maintenance budgets will be increased in accordance with the Budget Guidelines.

Tender Advisory Group Comment

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

The TAG considered the recommendations in relation to the tender for Woodriff Gardens Tennis facilities that Alpall Pty Ltd 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 and is 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.

Conclusion

The Tender Evaluation Committee is of the opinion that Alpall Pty Ltd provided the most advantageous tender and it is recommended that the Company be awarded the contract for a sum of $2,282,000,00.00 excluding GST.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT21/22-09 Woodriff Gardens Tennis be received.

2.     Alpall Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the RFT21/22-09 Woodriff Gardens Tennis for an amount of $2,282,000.00 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                                                                                                    25 July 2022

 

 

 

12

RFT22/23-01 Surveyors Creek Footpath and Associated Civil Works   

 

Compiled by:               Mitchell Sammut, Project Supervisor

Authorised by:            Michael Jackson, Design and Projects Manager

Brian Steffen, Director - City Services  

 

Outcome

We manage and improve our built environment

Strategy

Plan for and maintain accessible, safe and high quality infrastructure

Principal Activity

Design and deliver Council’s major capital projects

      

 

Executive Summary

A tender for the construction of a new connecting footpath and drainage works at Surveyors Creek Softball Facility, Glenmore Park was advertised on 10 May 2022 on Apet360 and e-tendering websites and closed on 22 June 2022.

This report advises Council of the outcome of the tender process and recommends that the tender from Axial Construction Pty Ltd, for the amount of $214,929.61 (excluding GST) be accepted for construction of a new footpath and drainage works at Surveyors Creek Softball Facility, Glenmore Park.

Background

Council was successful in receiving funding via the NSW Government’s Greater Cities Sports Facility Fund (GCSFF) for the Surveyors Creek Softball Facility. The Fund focuses on assisting organisations to develop quality sport infrastructure that will meet the current and future needs of the community. The project has two components a circular accessible pathway connection to all external diamonds with drainage works and LED Floodlight lighting to an additional 2 diamonds and associated supply upgrade. The LED Floodlighting upgrade will be a separate tender.

The tender called for the services of suitably experienced and qualified civil contractors with experience in footpath, drainage, civil and concrete works to design and construct a footpath connection, seating area and complementing drainage at Surveyors Creek Facility, Glenmore Park.

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Projects Administrator Daniela Vecchio, Project Supervisor Mitchell Sammut and was chaired by Delivery Program Manager Wasique Mohyuddin. Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

Tender Evaluation Criteria

Tenderers for the project were required to submit their tender using the Apet360 tendering software, which clearly defined the response required against each of the evaluation criteria.

The tenders received were assessed using the advertised evaluation criteria of:

•        Company Profile

•        Conformance, Acceptance and Declaration

•        Business References

•        Completion of Forms Tender Price submitted

•        Compliance Statement

•        Capacity to Perform the Works

•        Works Method and Program

•        Local Business Preference

•        Financials

•        Employment Policies

•        Quality Assurance Systems

•        Environmental Management Systems

•        Work Health and Safety

 

Summary of Tenders Received

A total of Eleven (11) tenders were received by the closing date of the advertised tender and are listed below in price order (ex GST).

Company

Tendered Price

Company Address

Owners/Directors

Axial Construction Pty Ltd

$214,929.61

Suite 1a, Level 13, 465 Victoria Avenue, Chatswood, NSW, 2067

Shazia Haneef

Alpha Civil Group Pty Ltd

$222,130.10

29 Albyn Street Bexley NSW 2207

George Apokis

Zamr Engineering Pty Ltd

$248,029.00

30 Smith Street Wentworthville NSW,  2145

Khalid Javed

Conex Group Pty. Ltd.

$261,993.00

Unit 11, 14-16 Stanton Road, Seven Hills NSW 2147

Dominic Lentini

J Group Corporation

$276,900.38

Suite 22, 541 High Street, Penrith NSW 2750

Spiros Apokis

Gege Constructions

$381,418.20

11 Mill Road, Liverpool NSW

Saman Al-Zohairy

Ally Property Services Pty Ltd

$386,264.42

20 Sammut Street, Smithfield NSW 2164

Steven He

Romba Pty Ltd

$407,794.70

Unit 3/17 Bromley Road, Emu Heights NSW 2750

Darryl Burgmann
Therise Burgmann

Statewide Civil Pty Ltd

$409,057.31

9/40 Brookhollow Avenue, Baulkham Hills NSW 2153

Michael Dominello

Kingsline Pty Ltd

$470,073.52

11 Success Street, GREENFIELD PARK NSW 2176

Ms Thien Trang Thi Tran

Land & Marine Ocean Engineering

$618,953.00

8 Cowdroy Ave Cammeray NSW 2062

Adam Fitzhenry

Short Listed Tenderers

Five tenders were initially shortlisted based on available budget and then assessed against the evaluation criteria, these are listed below.

·    Axial Construction Pty Ltd

·    Alpha Civil Group Pty Ltd

·    Zamr Engineering Pty Ltd

·    Conex Group Pty. Ltd.

·    J Group Corporation

The remaining tenders were beyond the available budget so were not considered further.

Evaluation of the Preferred Tender

On assessment of the remaining tenders, the panel determined that Axial Construction Pty Ltd’s submission provided the best overall value to Council based on price and responses to the assessment criteria, clearly demonstrating their suitability to undertake the project.

Axial Construction Pty Ltd’s submission provided several relevant examples of civil construction projects as part of their submission they had delivered in a subcontractor role including;

•        Penrith City Council - Subsoil Drainage and Concrete Works at Northern Road & Derby Street Intersection Upgrade, total project value $338,000

•        Blacktown City Council - Schofields Road Stage 2 Construction of Footpath Pavement & Associated works, total project value $886,000

•        Transport for NSW - Parramatta Light Rail – Stage 1 Works $2,865,000

The recommended company, Axial Construction 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 the services offered.

The escalation of market prices is becoming evident in recent tenders and budgets will be reviewed by the Assets team for future projects.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Axial Construction 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.

Funding is provided by the NSW Government through the Greater Cities Sports Facility Fund (GCSFF). The tender from Axial Construction Pty Ltd for the amount of $214,929.61 (excluding GST) is within budget.  The LED Floodlighting upgrade will be a separate tender.

The maintenance and operational requirements are estimated to start at $7,244 per annum. Council’s asset maintenance budget will be adjusted in accordance with the Budget Guidelines at completion of the project.

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Brian Steffen - Director City Services, Neil Farquharson– Financial Services Manager and Glenn McCarthy – Governance 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 RFT22/23-01 Surveyors Creek Footpath and Associated Civil Works that the company has demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council for the scale of this project.  The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

The tender process outlined in this report includes controls regarding probity and ensuring value for Council, overseen by the Tender Advisory Group. The works will be undertaken in accordance with Work Health & Safety systems. This project will construct a new pathway with public safety a key part of the construction methodology and project plan.

Conclusion

Six tenders were assessed against the evaluation criteria. Axial Construction Pty Ltd provided the best price that also met the tender evaluation criteria to undertake the project. It is recommended that the proposal and lump sum price from Axial Construction Pty Ltd, for the amount of $214,929.61 (excluding GST) be accepted for construction of a new footpath and drainage works at Surveyors Creek Softball Facility, Glenmore Park.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT22/23-01 Surveyors Creek Footpath and Associated Civil Works be received

2.     The tender from Axial Construction Pty Ltd provided for the amount of $214,929.61 (excluding GST) be accepted for construction of a new footpath and drainage works at Surveyors Creek Softball Facility, Glenmore Park

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                                                                                                    25 July 2022

 

 

 

13

RFT22/23-07 City Park Landscape Construction and Allen Place Lane Construction Tender   

 

Compiled by:               Matthew Buckley, Major Projects Coordinator

Wasique Mohyuddin, Major Projects Coordinator

Authorised by:            Michael Jackson, Design and Projects Manager

Brian Steffen, Director - City Services  

 

Outcome

We manage and improve our built environment

Strategy

Plan for and maintain accessible, safe and high quality infrastructure

Principal Activity

Design and deliver Council’s major capital projects

 

Previous Items:           RFT 21/22-21 City Park Landscape Construction - Ordinary Meeting - 30 May 2022

                                      RFT21/22-21 City Park Landscape Construction - Ordinary Meeting - 28 Mar 2022    

 

Executive Summary

The Tender reference RFT22/23-07 City Park Landscape Construction and Allen Place Lane Construction Tender to facilitate the construction of a new City Park and laneway upgrades, was advertised through Apet360 on 31 May 2022. The Tender closed on 28 June 2022.

This report advises the Council of the outcome of the tender evaluation process and recommends that the tender received from Regal Innovations Pty Ltd, for the amount of $11,712,778.00 (excluding GST) for City Park be accepted for the full scope of works as outlined in RFT22/23-07 City Park Landscape Construction and Allen Place Lane Construction Tender.

Background

Penrith City Council is getting ready to transform the CBD and deliver a vibrant green space for the community to use and enjoy.

This tender called for the services of contractors with suitable experience and qualifications to undertake the construction of the new City Park site bordered by Station Street, Henry Street, Gaymark Lane and Allen Place. This includes the embellishment of the adjoining section of Allen Place laneway.

City Park includes features such as amenities building (with rooftop garden, storage, plant/ pump room), new hard and soft landscaping, concrete pergolas, water features, public fountains and public art.

The tender for City Park was previously awarded by Council in March 2022, however tenders were subsequently rejected in May 2022 due to a tenderers pricing error.

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Matthew Buckley - Major Projects Coordinator, David Forward - Landscape Architect, Wasique Mohyuddin - Delivery Program Manager and was chaired by Michael Jackson - Design and Projects Manager. Laura Stott from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

Tender Evaluation Criteria

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:

·    Business references

·    Demonstrated ability

·    Works method and program

·    Financials

·    Employment policies and details (direct labour and sub-contractors)

·    Local Business Preference

·    Quality Assurance and Environmental Management Systems

·    Work Health & Safety

·    Value for money

Summary of Tenders Received

A total of four (4) tenders were received by the closing date of the advertised tender and are listed below in price order (ex GST).

Company

Tendered Price

Company Address

Owners/Directors

Metro Construction Group Pty Ltd

$7,177,943.29

G7, 218 Parramatta Road Homebush NSW 2140

Siraj Ul Haque

Tallai Project Group Pty Ltd

$11,661,116.00

Unit 3, 1 Ashley Street

Hornsby NSW 2077

Luke Hill

Matt Lowe

Tam Nguyen

Paul Mountney

Regal Innovations Pty Ltd

$11,712,778.00

Unit 2, 30 Park Road

Mulgrave NSW 2756

Robert Stanton

Statewide Civil Pty Ltd

$14,652,229.71

Unit 9/40 Brookhollow Avenue, Baulkham Hills NSW 2153

Michael Dominello

All four tenders submitted were considered 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 received by Metro Construction Group Pty Ltd did not adequately respond to all questions and the lump sum price is missing or incorrect for some inclusions. The tender evaluation panel were of the opinion that the tenderer did not demonstrate adequate effectiveness and was not further considered.

Of the remaining tenders that were evaluated, the tender submitted by Regal Innovations Pty Ltd provided a high effectiveness rating and was considered by the Tender Evaluation Committee to offer best overall value for money. 

The recommended company, Regal Innovations Pty Ltd, was selected based on their:

1)   Compliance with the tender evaluation criteria

2)   Delivery design and program method,

3)   Demonstrated ability to meet Council’s requirements,

4)   Extensive experience in comparable landscape and civil projects,

5)   Competitive price for the services offered; and

6)   Thorough understanding of project requirements and deliverables.

Regal Innovations Pty Ltd has relevant experience with undertaking complex public domain projects of similar scale and nature working for multiple Councils across NSW.

Minor clarifications were requested from Regal Innovations Pty Ltd, prior to finalising the Committee’s recommendation. These clarifications are factored into the tender evaluation and do not represent a risk to the project.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Regal Innovations Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd and were performed on Regal Innovations Pty Ltd for the previous tender reported in March 2022. Financial Services have reviewed the financial information provided by the tenderer and have recommended security be provided, which is Council standard practice for this contract type.

Included in the 2021-22 Operational Plan is an allocation for the City Park capital works project. Further funding is available through an external loan and the NSW Public Spaces Legacy Program grant from the Department of Planning, Industry & Environment. The total project budget is proposed to be increased by a total of $4.61m. This additional budget is to be funded from the Financial Management Reserve with opportunities to repay the Reserve to be investigated, including possible s7.11 contributions, and grants replacing general revenue funding on projects.

The estimated maintenance and operational cost requirements for the full implementation of the City Park project is $415,250 per annum. Council’s future asset maintenance budgets and asset renewal programs will be adjusted as per Council’s Budget Guidelines at completion of the entire capital works project.

Tender Advisory Group Comments

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

The TAG considered the recommendations in relation to the tender for the RFT22/23-07 City Park Landscape Construction and Allen Place Lane Construction Tender, noting the recommended company has demonstrated their ability to meet Council’s requirements, their proposal is considered to be the most advantageous to Council. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

The tender process outlined in this report includes controls regarding probity and ensuring value for Council, overseen by the Tender Advisory Group. The works will be undertaken in accordance with Work Health & Safety systems. This project will construct a new park and structures with public safety a key part of the construction methodology and project plan.

Conclusion

All four tenders received were assessed against the evaluation criteria. Regal Innovations Pty Ltd provided a competitive price that best met the tender evaluation criteria to undertake the project. It is recommended that the proposal and lump sum price from Regal Innovations Pty Ltd, for the amount of $11,712,778.00 (excluding GST) be accepted for RFT22/23-07 City Park Landscape Construction and Allen Place Lane Construction Tender.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT22/23-07 City Park Landscape Construction and Allen Place Lane Construction Tender be received.

2.     The total project budget be increased by $4.61m. This additional budget is to be funded from the Financial Management Reserve.

3.     The tender from Regal Innovations Pty Ltd, for the amount of $11,712,778.00 (excluding GST) be accepted for RFT22/23-07 City Park Landscape Construction and Allen Place Lane Construction.

4.     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.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 5 - We have open and collaborative leadership

 

Item                                                                                                                                       Page

 

14      Local Government NSW Annual Conference 2022                                                         87

 

15      Summary of Investment & Banking for the period 1 June 2022 to 30 June 2022           92

 

 

 

 



Ordinary Meeting                                                                                                    25 July 2022

 

 

 

14

Local Government NSW Annual Conference 2022   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have open and collaborative leadership

Strategy

Corporate Enablers

Principal Activity

Participate in reviews and forums and make submissions that affect the community in respect to local government governance

      

 

Executive Summary

Local Government NSW (LGNSW) will hold its Annual Conference at The Crowne Plaza Hunter Valley, from 23 - 25 October 2022. 

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

This report recommends that Council nominate nine (9) voting delegates to attend the Annual Conference for 23 – 25 October 2022. Nominations of voting delegates must be made to LGNSW by 5pm on Monday 10 October 2022.

Background

Local Government NSW (LGNSW) will hold its Annual Conference at The Crowne Plaza Hunter Valley, from 23 - 25 October 2022. 

 

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

 

Voting Delegates

It is the Council’s usual practice at this time to nominate its delegates to represent Penrith City Council at the upcoming Conference. Local Government NSW has advised that the premise for determining voting entitlements is based on the total number of votes in the rural/regional areas totalling the same number of votes in the metro/urban areas. As there are more rural/regional councils a calculation needs to be conducted to ensure that the number of votes is balanced. Council’s final voting entitlement for the Conference is nine (9) with respect to motions. Nominations of voting delegates must be made by 12 noon (AEDT) on Monday, 10 October 2022.

 

Other Delegates and Observers

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

 

 

 

 

Submission of Motions

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

 

1.   are consistent with the objects of the Association (see rule 4 of the Association’s rules),

2.   relate to Local Government in NSW and/or across Australia,

3.   seek to establish or change policy positions of LGNSW and/or improve governance of the Association (noting that the LGNSW Board is responsible for decisions around resourcing any campaigns or operational activities, and any necessary resource allocations will be subject to the LGNSW budgetary process),

4.   have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws),

5.   are clearly worded and unambiguous in nature, and

6.   do not express preference for one or several members over one or several other members.

 

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

 

Local Government NSW has advised that the submission of Council’s motions and any accompanying notes or motions for consideration at the Conference must be completed by Monday 29 August 2022.

 

The following motions hves been prepared by staff. Councillors are welcome to suggest any proposed motions for development at tonight’s meeting, and in addition to this meeting a further report will be brought to a meeting in August to adopt any additional council motions for consideration by the LGNSW Board if required.

 

 

Motion 1

Subject: Delivery and funding of Affordable Housing

Motion Wording:

That Local Government NSW urgently calls on NSW Government to work with Federal and Local Governments to facilitate a tri-level government approach and funding to the delivery of affordable rental housing and ownership.

Motion Details:

Western Sydney Councils have worked collaboratively to prepare an affordable housing strategy, which highlighted the need for social and affordable housing in Western Sydney. In 2016, while 6 per cent of the total private dwellings in the region were social and affordable housing, 18.9 per cent of dwellings in Western Sydney were in housing stress.

 

As the private housing stock has grown across the region, and in the absence of new investment, the proportion of housing that is social housing in Western Sydney has declined since the 1990s. This decline will continue without intervention, further exacerbating the affordability problem. Western Sydney requires over 56,000 social and affordable housing dwellings to meet the needs of the region.

There is a large amount of metropolitan planning for the provision of affordable housing in Sydney. However, delivery of that housing by local government relies on resourcing by developer contributions, which can only fund a very small number of the dwellings required. Local Government can work closely with the community to facilitate the best affordable rental housing outcomes for their community. However, the major role remains with State and Commonwealth governments to provide funding for affordable housing not only for rental properties but home ownership as well.

The existing and successful City Deal framework could be used across regions in need to support innovative partnerships to deliver affordable housing.

 

Motion 2

Subject: NSW Infrastructure Reform – Essential Works

Motion Wording:

That Local Government NSW urgently calls on the NSW State Government to amend the Essential Works List to enable councils to levy contributions for the construction of community and cultural facilities.

Motion Details:

In March 2021, the NSW Government announced that it had accepted all 29 recommendations from the Productivity Commissions Final Report into Development Contributions in NSW. After this announcement IPART has commenced reviews into rate peg reform, essential works lists and benchmarking.

Terms of reference were provided to IPART on 22 July 2021 by the Minister for Planning for IPART to review the Essential Works List. The terms of reference specifically excluded community facility works from being included in the Essential Works List. A final report for this review was provided to the Minister in February 2022 and is yet to be made public.

The exclusion of community facility works in the Essential Works List is not consistent with a nexus-based approach which infrastructure contributions are based on in NSW.

Currently land for community facilities is considered as development contingent and is included on the Essential Works List. The exclusion of the construction of community facility works is inconsistent with this approach.

Community and cultural facilities are critical to support new and growing communities and the creation of vibrant and resilient places. The exclusion of the construction of these facilities places pressure on the existing community to fund.

 

Motion 3

Subject: NSW Infrastructure Reform

Motion Wording:

That Local Government NSW urgently calls on the NSW State Government to finalise the proposed infrastructure reforms, ensuring that no Council will incur a shortfall of funding to deliver local infrastructure to support new and growing communities and that this shortfall is not shifted to the existing community.

 

Motion Details:

NSW is continuing to undergo significant growth and change. A range of infrastructure is required to support NSW’s growing population and to deliver liveable and vibrant places. Emerging cost pressures are also impacting infrastructure delivery, such as increasing land values, growing compliance issues and supply constraints. Proposed changes to infrastructure contributions in NSW recently exhibited by DPIE and IPART will impact the development contributions framework for local Councils in NSW. Some of the reforms may reduce a council’s contributions income, thereby further affecting their ability to deliver and/or upgrade infrastructure. If new and upgraded infrastructure is not provided, infrastructure service levels for existing and future populations may decline, including infrastructure projects of national significance.

 

In addition to the above, proposed increases to contributions rates (e.g., changes to Regional Infrastructure Contributions) may have a significant impact on development feasibility and housing affordability. This will create a burden for landowners and may undermine the revitalisation of key centres.

 

Not all infrastructure is able to be delivered through development contributions. Local Government need additional support and resources to help fund the gap generated by incoming development and expected population growth, and to make development more affordable.

 

 

Motion 4

Subject: That LGNSW advocate to the State and Federal Governments to take urgent action to resolve flood evacuation and mitigation in the Hawkesbury Nepean Region.

Motion Wording:

That Local Government NSW advocates to the State and Federal Governments to resolve flood evacuation and flooding in the Hawkesbury Nepean Floodplain. Government action is urgently needed to provide critical infrastructure to support emergency response, improve community resilience, productivity, connectivity, and economic development within western Sydney.

Motion Details:

The flood risk to the Hawkesbury-Nepean Valley is serious and ongoing having experienced three flood events in this year already, and two in the years prior. With each flood event, we are again reminded of the vulnerability of the existing regional evacuation strategy for the Hawkesbury Nepean Valley. These events, although considered minor in nature (1 in 20 year), have provided valuable lessons in preparation for the next big flood event which is just around the corner.

There is an immediate need for urgent Government action to provide clarity regarding evacuation and flood planning in the Hawkesbury Nepean Valley Catchment. This event highlighted the urgent need for additional evacuation routes to safeguard communities during extreme weather events.

 

COVID-19 Situation

Council staff will continue to monitor the current COVID-19 situation and all available Government advice and will keep Councillors up to date with any changes that may impact format and attendance at the conference.

 

Financial Implications

Funding participation to the Local Government NSW Annual Conference 2022 has been established into the 2022-23 Operational Budget

Risk Implications

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

 

Conclusion

Council has been successful in influencing State Association policy through its involvement in past Conferences. Council has an important role for its community in monitoring the impact of emerging policies and seeking to influence State and Federal Governments through advocacy. Council’s attendance and involvement at the Local Government NSW Conference is one of the activities that contribute to achieving this action.

 

RECOMMENDATION

That:

1.     The information contained in the report on Local Government NSW Annual Conference 2022 be received

2.     Council nominate nine (9) Councillors as its voting delegates for motions to attend the 2022 LGNSW Conference being held at The Crowne Plaza Hunter Valley, from 23-25 October 2022.

3.     Council consider the nomination of observers to attend the 2022 LGNSW Annual Conference.

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

5.     Council motions as outlined in the report be endorsed and forwarded to LGNSW.

6.     A further report be brought back to the Council with any identified additional motions (if required).

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.

 

 

 


Ordinary Meeting                                                                                                    25 July 2022

 

 

 

15

Summary of Investment & Banking for the period 1 June 2022 to 30 June 2022   

 

Compiled by:               James Legarse, Operational Project Accountant

Authorised by:            Neil Farquharson, Financial Services Manager

Andrew Moore, Director - Corporate Services  

 

Outcome

We have open and collaborative leadership

Strategy

Deliver an efficient, transparent and accountable service to the community

Principal Activity

Support financial sustainability through financial planning and budget management and provide accurate reporting to the community

      

 

Executive Summary

This report on the Summary of Investments & Banking for June 2022 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (the Act) (Section 625) and the Council’s Investment Policy.

 

The report certifies that the Council investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under Council Circular 11-01 on 17 February 2011.

 

The report provides a summary of investments for the period 1 June 2022 to 30 June 2022 and a reconciliation of invested funds as at 30 June 2022.

 

The investment returns versus the benchmark as a percentage for June 2022 are:

•        Council portfolio current yield (including FRNs)                                     1.56%

•        90-day Bank Bill Swap rate (Benchmark)                                                         1.60%

•        Enhanced 90-day Bank Bill Swap Rate (Benchmark - BBSW+20bps)            1.80%

•        Original Budget estimated return (2021/22 Financial Year)                             0.45%

 

The report recommends that the information contained in the report be received.

Current Situation

Attached to this report is a Summary of Investments including Economic Commentary for June 2022, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for June 2022 and various Investment Summary and Investment Portfolio analysis tables and charts.

The Reserve Bank of Australia has again increased the cash rate to 1.35% - 50 basis points over the 0.85% of the former cash rate. This is attributed to the higher inflation rate result for the first quarter of this year (2022) which caused a substantial disparity between the two results – i.e., cash rate and inflation rate. Consequently, the benchmarks (both, BBSW monthly return and Enhanced BBSW) for the month of June 2022 were not attained. The significant increases in the cash rate over the last three months have meant that Council’s portfolio has not been in a position to respond in the short term. Though the Council has been proactive in securing the best rates on offer at the time they are placed, the successive and bullish changes in cash rate have resulted in our current term deposit rates being quickly outweighed. This has resulted in the June 2022 rate of return being less than the two benchmarks. Similar results should be expected over the coming months while the term deposits placed pre-cash rate increases mature and are reinvested within the current market.

Financial Implications

 

Adopting the recommendations of this report confirms Council’s investment returns are performing better than the Benchmark and the Original Budget estimated return. More detailed Financial Implications are contained in the attachment to this report.

Risk Implications

The Council’s investments have been placed in accordance with Section 625 of the Local Government Act 1993, relevant regulations, and the Council’s adopted Investment Policy. The Council’s Investment Policy has objectives to preserve capital, ensure liquidity of funds to meet cash flow requirements and achieve an acceptable rate of return having reference to the Council’s risk tolerance.

Conclusion

This report confirms that the Council’s investments have been placed in accordance with relevant legislation/regulations, the Council’s Investment Policy and highlights the Council’s investment performance for June 2022. Additionally, the report assures the Council that Council’s Cash Book and Bank Statements have been reconciled.

Certificate of Responsible Accounting Officer

I hereby certify the following:

1.  All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations, and Council’s Investment Policy.

2.  The Council’s Cash Book and Bank Statements have been reconciled as at 30 June 2022.

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Andrew Moore

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investment & Banking for the period 1 June 2022 to 30 June 2022 be received

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 June 2022 to 30 June 2022 be noted and accepted.

3.     The graphical Investment Analysis as at 30 June 2022 be noted

 

ATTACHMENTS/APPENDICES

1.

Investment Report as at 30 June 2022

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                  25 July 2022

Appendix 1 - Investment Report as at 30 June 2022

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday July 25 2022

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Council Property - Variation of Lease - The Salvation Army - Suite 2, 54 Henry St, Penrith                                                                                                                                              2

 

3        Unsolicited Proposal to Purchase Lang and Kokoda Park - Detailed Proposal Reassessment                                                                                                                    2

 

 

 

 


Ordinary Meeting                                                                                                    25 July 2022

A Leading City

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)          the discussion of any of the matters listed below; or

(b)          the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

(b)          the personal hardship of any resident or ratepayers;

(c)           information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)          commercial information of a confidential nature that would, if disclosed:

·         prejudice the commercial position of the person who supplied it; or

 

·         confer a commercial advantage on a competitor of the Council; or

 

·         reveal a trade secret.

 

(e)          information that would, if disclosed, prejudice the maintenance of the law;

(f)            matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)          the relevant provision of section 10A(2);

(b)          the matter that is to be discussed during the closed part of the meeting;

(c)           the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

 

·         a motion, based on the recommendation below, is moved and seconded

·         the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

·         if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

·         if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

Outcome 5

 

2        Council Property - Variation of Lease - The Salvation Army - Suite 2, 54 Henry St, Penrith 

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

 

3        Unsolicited Proposal to Purchase Lang and Kokoda Park - Detailed Proposal Reassessment

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

 

 

 

 

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 25 July 2022

Report Title:            Planning Proposal to amend Penrith LEP 2010 - Glenmore Park Stage 3 - draft Development Control Plan and draft Contributions Plan

Attachments:           VPA Letter of Offer from Mirvac

                                VPA Letter of Offer from Vianello

                                Summary of key features of Planning Proposal



Ordinary Meeting                                                                                                                  25 July 2022

Attachment 1 - VPA Letter of Offer from Mirvac

 

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Ordinary Meeting                                                                                                                  25 July 2022

Attachment 2 - VPA Letter of Offer from Vianello

 

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Ordinary Meeting                                                                                                                  25 July 2022

Attachment 3 - Summary of key features of Planning Proposal

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 25 July 2022

Report Title:            Voluntary Planning Agreement offer by Altis Frasers for the Yards Estate 657-769 Mamre Road, Kemps Creek

Attachments:           Draft Voluntary Planning Agreement for 657-769 Mamre Road, Kemps Creek



Ordinary Meeting                                                                                                                  25 July 2022

Attachment 1 - Draft Voluntary Planning Agreement for 657-769 Mamre Road, Kemps Creek

 

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ATTACHMENT       

 

 

 


Date of Meeting:     25 July 2022

 

Delivery Program:   Outcome 7

 

Service:                   Financial Services

 

Report Title:             2022-2023 Voted Works