23 September 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 26 September 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 - 22 August 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

Resilience Committee Meeting - 31 August 2022.

Local Traffic Committee Meeting - 5 September 2022.

Policy Review Committee Meeting - 12 September 2022.

 

10.         DELIVERY PROGRAM REPORTS

 

11.         URGENT BUSINESS

 

12.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 26 September 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

 


2022 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 22 AUGUST 2022 AT 7:00PM

 

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

 

WEBCASTING STATEMENT

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

 

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.

 

PRAYER

The Council Prayer was read by Rev Christine Bayliss Kelly.

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, Mark Davies, Sue Day, Ross Fowler OAM, Glenn Gardiner, Karen McKeown OAM,  Jonathan Pullen, Mark Rusev and Marlene Shipley.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 25 July 2022

218  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Todd Carney that the minutes of the Ordinary Meeting of 25 July 2022 be confirmed.

 

DECLARATIONS OF INTEREST

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 5 – Endorsement of Rural Lands Strategy, as he owns a property in Llandilo. Councillor Crameri stated that he will remain in the meeting for the consideration of this item and take part in the discussion and voting on the issue. Councillor Kevin Crameri OAM also declared a Non-Pecuniary Conflict of Interest – Less than Significant in the Notice of Motion – New Penrith Stadium, as he is a member of the Penrith District A, H & I Society (Club Paceway).

 

 

 

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 7 - Public exhibition of draft St Marys Town Centre Structure Plan, as he is on the board of St Marys Town Centre. Councillor Bratusa stated that he will remain in the meeting during consideration of this item and take part in the discussion on the matter, but will not vote on the issue.

 

Councillor Marlene Shipley declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 7 - Public exhibition of draft St Marys Town Centre Structure Plan as she is on the Board of the St Marys Town Centre.

 

Councillor Karen McKeown OAM declared a Non-Pecuniary Conflict of Interest – Significant in Item CW3 - Council Property - Road Lease - Corner of River Road and Buring Avenue, Leonay, as her husband is a Director on the board of the organisation listed in the report. Councillor Karen McKeown OAM left the meeting during the consideration of the item and did not take part in discussion or voting on the issue.

 

Councillor John Thain declared a Non-Pecuniary Conflict of Interest – Significant in Item 1 - Community Assistance Program Allocation, as he is an employee of the Uniting. Councillor Thain stated that he will leave the meeting during consideration of this item and will not take part in discussion or voting on the issue.    

 

SUSPENSION OF STANDING ORDERS

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

 

Geoff Payne

 

Notice of Motion – New Penrith Stadium

 

Mr Payne, an affected person, spoke in opposition to the recommendation. Mr Payne expressed his support in relation to the Penrith Stadium redevelopment. Mr Payne stated that the Paceway site is currently zoned as private recreational and that Council have advised to delay the re-zoning of the site until various constraints are resolved. Mr Payne raised concerns in relation to the State Government’s commitment to funding the relocation of the Paceway site. Additionally, Mr Payne reiterated the importance of the Paceway providing continuity for their staff and operations.

 

Mario Pace

 

Item 5 – Endorsement of Rural Lands Strategy and Item 6 – Endorsement of Local Housing Strategy

 

Mr Pace, an affected person, spoke in opposition to the recommendations. Mr Pace raised concerns in relation to the lack of urban, industrial and commercial development in the northern areas of the Penrith LGA, particularly in Berkshire Park and Llandilo. Mr Pace emphasised the importance of additional housing in the area and provided a comparison with surrounding urban developments in Cranebrook, Jordan Springs, Marsden Park, Windsor Downs and Bligh Park. Mr Pace also stated that the smaller rural lots are unprofitable for farming and expensive to maintain. He also expressed the need for urban development to enable to upgrade of roads due to severe traffic congestion on Richmond Road and The Northern Road.

 

Gayle Di Iorio

 

Item 5 – Endorsement of Rural Lands Strategy

 

Ms Di Iorio, an affected citizen, spoke in opposition to the recommendation. Ms Di Iorio expressed concerns regarding the devaluation of land in the Mulgoa area. She also raised concerns in relation to traffic hazards, fire hazards and destruction of fencing due to overgrown trees. In addition, Ms Di Iorio also stated that subdivision to 2.5 acre and 5 acre lots would enable properties to be more manageable financially and logistically.

 

Mary Vella

 

Item 5 – Endorsement of Rural Lands Strategy

 

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

 

Ms Vella’s submission on behalf of affected landowners in Castlereagh and surrounding rural areas spoke in opposition to the recommendation. Ms Vella advocated for the urban development of the rural areas to meet the currently high demand for housing. Ms Vella also expressed concerns in relation to the lack of residential expansion in existing rural villages, particularly for senior citizens who can no longer maintain rural properties. Additionally, Ms Vella raised concerns regarding further restrictions based on landowners to protect vegetation which result in a greater fire hazard. Due to the points discussed, Ms Vella urged Councillors to vote against the proposal for a blanket 20 year protection of the rural lands of the Penrith LGA.

 

Michael Galea

 

Item 5 – Endorsement of Rural Lands Strategy and Item 6 – Endorsement of Local Housing Strategy

 

A Council staff member read out Mr Galea’s application to address the Ordinary Meeting and outlined his reasons for addressing the meeting as follows.

 

Mr Galea’s submission as an affected landowner spoke in opposition to the recommendations. Mr Galea expressed concerns in relation to Council maintaining Llandilo as a rural area, due to the lack of housing affordability, surrounding developments in Jordan Springs and increased Council rates. Additionally, Mr Galea outlined the impact that the lack of development would have on his poultry farming business due to his small acre lot no longer being feasible and his need for expansion.

 

Jason Micallef

 

Item 5 – Endorsement of Rural Lands Strategy and Item 6 – Endorsement of Local Housing Strategy

 

A Council staff member read out Mr Micallef’s application to address the Ordinary Meeting and outlined his reasons for addressing the meeting as follows.

 

Mr Micallef’s submission as an affected landowner in Llandilo spoke in opposition to the recommendations. Mr Micallef raised several concerns in relation to traffic safety in Llandilo, increased Council rates and lack of access to local schools and recreational facilities for rural residents. He also stated that small acreage rural lots are not feasible for agricultural purposes. Additionally, Mr Micallef stated that urban and industrial development will resolve these issues and contribute to improved infrastructure and employment opportunities.

 

Councillor Kevin Crameri OAM left the meeting, the time being 7:37pm.

 

RESUMPTION OF STANDING ORDERS

220  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Rusev that Standing Orders be resumed, the time being 7:42pm.

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 7:43pm.

 

Notices of Motion

 

1        New Penrith Stadium                                                                                  

221  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Jonathan Pullen

 

That Penrith City Council:

 

1.    Strongly supports the NSW Government's plan to redevelop Penrith Stadium

 

2.    Notes the Penrith Paceway site is zoned private recreation.

 

3.    Does not support the re-zoning of the Penrith Paceway site for high-rise development

 

4.    Notes on the 4 July 2022 Infrastructure NSW commenced commercial negotiations for the acquisition of the Paceway site

 

5.    Acknowledges the current negotiations between Penrith District A, H & I Society and Infrastructure NSW.

 

6.    Supports the full relocation of the current facilities at no cost to the Penrith District A, H & I Society to a suitable location within the Penrith LGA.

 

7.    Supports the existing stadium into becoming a dedicated public open space.

 

 

2        State Road Intersection Review                                                                

222  RESOLVED on the MOTION of Councillor Glenn Gardiner seconded Councillor Kevin Crameri OAM

 

That:

1.    Council write to the NSW Minister for Transport requesting an urgent review of all State Road intersections within the Londonderry, Berkshire Park and Llandilo area. These must include (but not be limited to) the following:

 

a)    Where there is insufficient undertaking opportunity with fixed and dangerous obstacles such as power poles and bus stops:

 

·         Londonderry and Whitegates Roads

·         Londonderry and Boscobel Roads

·         Cranebrook and Tadmore Roads

·         Cranebrook and Church Roads

·         Castlereagh and West Wilchard Roads

·         The Northern Road and Fifth Avenue

·         The Northern and Carrington Roads

 

b)    Where there is limited vision to safely navigate the intersection:

 

·         Cranebrook and Taylor Roads

·         Richmond and Llandilo Roads

 

2.    Council write to the Member for Londonderry seeking their support and advocacy for the review and upgrade of all State Road intersections within the Londonderry, Berkshire Park and Llandilo area.

3.    Council refer these matters to the Local Traffic Committee for their consideration.

 

Reports of Committees

 

1        Report and Recommendations of the Access Committee Meeting held on 13 July 2022                                                                                   

223  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 13 July, 2022 be adopted.

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 1 August 2022                                                                 

224  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Robin Cook that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 August, 2022 be adopted.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We plan and shape our growing City

 

5        Endorsement of Rural Lands Strategy                                                     

A MOTION  was MOVED by Councillor Bernard Bratusa seconded Councillor Robin Cook

That:

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

2.     Council note the feedback received as part of the exhibition of the draft Rural Lands Strategy provided under separate enclosure

3.     Council endorse the amended Rural Lands Strategy and finalise the three supporting technical studies provided under separate enclosure

 

225 An AMENDMENT was MOVED by Councillor Kevin Crameri OAM seconded Councillor Sue Day that consideration of this matter be deferred until a review of issues has been carried out and the issues have been addressed, with this information being firstly presented to a Councillor Briefing. 

 

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

 

 

6        Endorsement of Local Housing Strategy                                                 

226  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on Endorsement of Local Housing Strategy be received

2.     Council note the feedback received as part of the exhibition of the draft Local Housing Strategy provided in the separate enclosure.

3.     Council endorse the revised Local Housing Strategy provided under separate enclosure.

 

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

 

Having previously declared a Non-Pecuniary Interest in Item 1, Councillor John Thain left the meeting, the time being 8:32pm.

 

1        Community Assistance Program Allocation                                           

227  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Sue Day

That:

1.     The information contained in the report on Community Assistance Program Allocation be received

2.     Council approve CAP – Planned Component funding to the organisations and groups as outlined in Table 1, to a total of $37,007

3.     Council approve the remaining CAP – Planned Component 2022–23 budget of $5,148 to be allocated and distributed as needed through the CAP- Rolling Component during 2022 - 23.

4.    Projects 1, 2, 3 and 4 as outlined in the memo distributed to Councillors be funded in equal amounts through each Ward’s voted works.

 

Councillor John Thain returned to the meeting, the time being 8:34pm.

 

 

 

 

 

2        Request For Major Event Sponsorship - Rowing New South Wales Incorporated                                                                                                

228  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Bernard Bratusa

That:

1.     The information contained in the report on Request For Major Event Sponsorship - Rowing New South Wales Incorporated  be received

2.     Council endorse sponsorship funding of $5,000 (plus GST) to Rowing New South Wales Incorporated in support of the 2023 Rowing NSW Championships.

3.     Council endorse sponsorship funding of $5,000 (plus GST) to Rowing New South Wales Incorporated in support of the 2023 Australian Masters Rowing Championships.

 

 

3        Submission to Australian Government - Office of the Arts on Draft National Cultural Policy                                                                             

229  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

That:

1.   The information contained in the report on Submission to Australian Government - Office of the Arts on Draft National Cultural Policy be received.

 

2.   Council endorse the proposed submission on the draft National Cultural Policy at Appendix 1 to be submitted to the Australian Government - Office for the Arts.

 

4        RFT22/23-06 - Ripples Pool Plant & Equipment Routine Maintenance

230  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on RFT22/23-06 - Ripples Pool Plant & Equipment Routine Maintenance be received

2.     B & G Enterprises Pty Limited be awarded the contract as the provider of Pool Plant & Equipment in accordance with the terms and conditions of the Tender for a three (3) year period with an estimated value of $318,135. The contract will have an option to extend two (2) x one (1) year periods, subject to satisfactory performance.

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

 

 

Councillor Kevin Crameri OAM left the meeting, the time being 8:35pm. 

 

 

Outcome 3 - We plan and shape our growing City

 

7        Public exhibition of draft St Marys Town Centre Structure Plan          

231  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Mark Davies

That:

1.     The information contained in the report on Public exhibition of draft St Marys Town Centre Structure Plan be received

2.     Council endorse the draft St Marys Town Centre Structure Plan to be publicly exhibited in September/October 2022 for a period of at least 4 weeks.

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:40pm.

 

8        Glenmore Park Stage 2 Voluntary Planning Agreement- Deed of Variation                                                                                                       

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

That:

1.     The information contained in the report on Glenmore Park Stage 2 Voluntary Planning Agreement- Deed of Variation be received.

2.     Council endorse for notification, the draft Deed of Variation to the Voluntary Planning Agreement for Glenmore Park Stage 2, provided in Appendices 1 & 2.

3.     The draft Deed of Variation be publicly notified in accordance with the requirements of Environmental Planning and Assessment Regulation 2000 and Penrith Developer Infrastructure Agreements Policy.

4.     A further report will be prepared for Council following the notification of the draft deed, detailing any submissions received and seeking endorsement for execution, where any issues raised, have been addressed.

 

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

For

Against

 

Councillor Karen McKeown OAM

 

Councillor Robin Cook

 

Councillor Todd Carney

 

Councillor John Thain

 

Councillor Kevin Crameri OAM

 

Councillor Sue Day

 

Councillor Jonathan Pullen

 

Councillor Jim Aitken OAM

 

Councillor Marlene Shipley

 

Councillor Ross Fowler OAM

 

Councillor Glenn Gardiner

 

Councillor Bernard Bratusa

 

Councillor Mark Rusev

 

Councillor Mark Davies

 

Councillor Tricia Hitchen

 

 

Outcome 4 - We manage and improve our built environment

 

9        Elizabeth Drive Upgrade (West & East) ISEPP Council Submission providing High Level Feedback                                                                

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

That:

1.     The information contained in the report on Elizabeth Drive Upgrade (West & East) ISEPP Council Submission providing High Level Feedback be received

2.     Council’s Engineering Services Manager be authorised to finalise a submission, based on this report and attachments, to Transport for NSW (TfNSW) by 26 August 2022.

 

 

10      RFT22/23-08 - South Penrith Neighbourhood Centre Refurbishment  

234  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on RFT22/23-08 - South Penrith Neighbourhood Centre Refurbishment be received.

2.     Buildpark Homes Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the refurbishment works to South Penrith Neighbourhood Centre for the amount of $589,842.00 excluding GST.

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

 

 

Outcome 5 - We have open and collaborative leadership

 

11      RFT21/22-30 St Marys Gidley Street Car Park Architectural Services 

235  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies

That:

1.     The information contained in the report on RFT21/22-30 St Marys Gidley Street Car Park Architectural Services be received

2.     The recommended tender from The Trustee for The Philip Cox & Partners Unit Trust be accepted for RFT21/22-30 Architectural Services Gidley Street Carpark for Phase 2 valued at $142,784.75 (excl. GST)

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

 

12      Organisational Performance and Financial Review - June 2022          

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

That:

1.     The information contained in the report on Organisational Performance and Financial Review - June 2022 be received

2.     The Organisational Performance and Financial Review - June 2022 as at 30 June 2022, including the revised estimates outlined in this report, and detailed in the Organisational Report- June 2022, be adopted.

3.     Council revote the works as detailed in the Recommended Revoted Works Lists, detailed in the Organisational Report-June 2022 for inclusion in the 2022-23 Operational Plan.

 

 

13      Audit, Risk and Improvement Committee                                                

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

 

14      Local Government NSW Annual Conference 2022                                 

238  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Local Government NSW Annual Conference 2022 be received.

2.     Council nominate Councillors Kevin Crameri OAM, Sue Day and Glenn Gardiner 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.     Leave of absence be granted as appropriate for those Councillors attending the conference.

 

15      Model Code of Conduct for Local Councils in NSW and Procedures  

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

That:

1.     The information contained in the report on  Model Code of Conduct for Local Councils in NSW and Procedures be received

2.     Council adopt the Model Code of Conduct for NSW Councils as its Code of Conduct

3.     Council adopt the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW as its Procedures.

 

 

16      Summary of Investment & Banking for the period 1 July 2022 to 31 July 2022                                                                                                      

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

That:

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

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

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

 

URGENT BUSINESS

 

UB 1           Request for Leave of Absence   

Councillor Ross Fowler OAM requested Leave of Absence to attend to Council business from 6 September 2022 to 20 September 2022 inclusive.

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

242  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Glenn Gardiner that Leave of Absence be granted to Councillor Ross Fowler OAM from 6 September 2022 to 20 September 2022 inclusive.

 

 

Committee of the Whole

 

243 RESOLVED on the MOTON of Councillor Jonathan Pullen seconded Councillor Todd Carney that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:48pm.

 

1        Presence of the Public

 

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

 

Outcome 5

 

2        Council Property - Lease Agreement - Community Land - 3-4 Floribunda Avenue Glenmore Park - Kevin and Tai Fitness Pty Ltd t/a F45 Training                                

 

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        Council Property - Road Lease - Corner of River Road and Buring Avenue, Leonay                                                                                                                                             

 

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

 

4        General Manager's Annual Performance Review 2021-22                                           

 

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

The meeting resumed at 9:53pm and the General Manager reported that the Committee of the Whole met at 8:48pm on 22 August 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, Mark Davies, 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        Council Property - Lease Agreement - Community Land - 3-4 Floribunda Avenue Glenmore Park - Kevin and Tai Fitness Pty Ltd t/a F45 Training                                

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

CW2 That:

1.     The information contained in the report on Council Property - Lease Agreement - Community Land - 3-4 Floribunda Avenue Glenmore Park - Kevin and Tai Fitness Pty Ltd t/a F45 Training be received

2.     Council commence the advertising process for a new 5 year Lease Agreement over 3-4 Floribunda Avenue, Glenmore Park in accordance with Section 47A of the Local Government Act 1993.

3.     Council approve the proposed new lease agreement as detailed in the report.

4.     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.

 

Having previously declared a Pecuniary Interest in Item CW3, Councillor Karen McKeown OAM left the meeting, the time being 8:49pm.

 

3        Council Property - Road Lease - Corner of River Road and Buring Avenue, Leonay                                                                                                                                             

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marlene Shipley   

CW3 That:

1.     The information contained in the report on Council Property - Road Lease - Corner of River Road and Buring Avenue, Leonay be received

2.     Council commence the advertising process for a new 5 year Road Lease Agreement over the section of road at Corner of River Road & Buring Avenue, Leonay in accordance with the Roads Act 1993 and Section 47A of the Local Government Act 1993.

3.     Upon completion of the advertising process Council enter into a new 5-year Road Lease Agreement over section of road at Corner of River Road & Buring Avenue, Leonay

4.     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.

 

Councillor Karen McKeown OAM returned to the meeting, the time being 8:50pm.

 

4        General Manager's Annual Performance Review 2021-22                                           

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Sue Day 

CW4 That:

1.     The information contained in the report on General Manager's Annual Performance Review 2021-22 be received.

2.     Council approve the progression of the General Manager to Step 3 of the General Manager Salary Structure from 27 August 2022, with a Total Remuneration Package of $500,370 including the 2% SOORT increase.

3.    Council endorse the General Manager’s proposed Key Performance Indicators for 2022-23 with a report to be brought to a Councillor Briefing to discuss further KPIs around people and culture.

 

Councillor Jim Aitken OAM left the meeting, the time being 9:30pm and did not return.

 

ADOPTION OF Committee of the Whole

 

244 RESOLVED on the MOTION of Councillor Mark Rusev seconded Councillor Todd Carney that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

 

 

 

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

 



PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                                          

   


Mayoral Minutes

 

Item                                                                                                                                       Page

 

1        The Passing of Queen Elizabeth II                                                                                    1

 

2        Mr Leigh Hartog Honoured Citizen of the City of Penrith                                                  2

 

3        Mr John Bateman OAM Honoured Citizen of the City of Penrith                                      4

 

4        Local Celebration Awards night and Council's 150 year anniversary event - a tremendous success                                                                                                                               6

 

5        Farewell to Council's General Manager, Warwick Winn                                                   7

 

 

 

 

 

 

 



Ordinary Meeting                                                                                        26 September 2022

 

Mayoral Minute

The Passing of Queen Elizabeth II

           

 

The passing of Queen Elizabeth II on 8 September 2022 at the age of 96 evoked many emotions, from great sadness to enormous admiration from our local community to those around the world.

 

Last week we watched on as Her Majesty was laid to rest after a lifetime of devoted service and humble, steadfast leadership.

 

Her Majesty reigned as Queen for over 70 years, making her our longest-serving monarch and the only Queen most of us have ever known. 

 

Her service to others started when as a young princess, she volunteered as a truck driver and mechanic during World War II – making her the first female member of the Royal Family to serve in the military. This dedication to her country and willingness to serve just like anyone else began an unwavering lifelong dedication to duty.

 

As Queen, she brought hope and stability to the nation following World War II, modernised the monarchy, supported more than 600 charities, and so much more.

 

As the first reigning monarch to visit Australia, Queen Elizabeth II set foot for the first time on Australian soil in 1954. During this Royal Tour, she made the train trip to the Blue Mountains passing through Penrith Station, where thousands of locals gathered to show their admiration, waving and cheering as she passed by. 

 

She was a constant presence in Australian life, and we will remember with fondness the strength our nation and others in the Commonwealth drew from her courage and stability.

 

A woman of grace and intelligence, she epitomised the true meaning of service, responsibility and integrity; she was adored and respected around the world.

 

I know countless people across Penrith City would be feeling great sadness at the Queen’s passing.

 

On behalf of Penrith City Council, my Councillor colleagues and the people of Penrith, I express my sincere condolences to the Royal family during this difficult time and extend my support to King Charles III as Australia’s head of state. 

 

 

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Councillor Tricia Hitchen

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on The Passing of Queen Elizabeth II be received.

 


Ordinary Meeting                                                                                        26 September 2022

 

Mayoral Minute

Mr Leigh Hartog Honoured Citizen of the City of Penrith

           

 

On Thursday, 29 September, 2022, I am delighted to bestow upon Mr Leigh Hartog the highest accolade that the City of Penrith can award to an individual - Honoured Citizen of the City of Penrith, in recognition of his outstanding contribution and achievements.

 

Leigh’s enormous contribution and generosity to the people and City of Penrith through his business, community support and philanthropy work has, and continues to, have a significant positive impact on our region.

 

As Managing Director and owner of civil construction and earth moving company, JK Williams, Leigh led the local business to become a state-wide enterprise. From roads to pipelines, Leigh has built a significant part of Penrith City and created local jobs, employing over 200 people while providing additional permanent employment to many local subcontractors.

 

For more than 25 years, Leigh has given unstintingly to the Penrith community, supporting a wide range of community organisations, sporting groups, Council events and individuals.

 

Leigh was a founding member of the Nepean Philanthropists, an organisation that provides recurrent funding to the Nepean Medical Research Foundation, and he has played an instrumental role on the Salvation Army Advisory Board for Greater Western Sydney and the Mamre House Board – enabling assistance to some of our most vulnerable residents.

 

He has also provided free earth moving and project management services to community organisations, including Mamre House, Hope Cottage, Londonderry Pony Club, the Penrith BMX Club, Emu Plains Junior Rugby League Club, and many more.

 

A range of sporting groups and sportspeople have also benefitted from Leigh’s support through his sponsorship of the JK Williams Showjumping Classic, Canoe Slalom Championships, Panthers Rugby League Club, the Penrith Police Rugby League Team, and International Motorcycle Enduro Champion Jess Gardiner.

 

His company, JK Williams, has elevated events and projects across the City through its sponsorship of Council’s Australia Day events, the Australian Ballet’s performance at Penrith Lakes and the funding of Jack Thompson’s role in Penrith’s 2013 Bicentenary celebrations.

 

The City is also grateful for Leigh’s improvement and donation of land along the Nepean River front, which now forms part of Council’s Great River Walk.

 

On behalf of my Council colleagues, Council staff and the Penrith community, I congratulate Leigh on being named Honoured Citizen of the City of Penrith and extend my heartfelt thanks for his ongoing significant contribution and generosity to the people and City of Penrith.

 

 

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Councillor Tricia Hitchen

Mayor

 

RECOMMENDATION

That the Mayoral Minute on Mr Leigh Hartog Honoured Citizen of the City of Penrith be received.

 


Ordinary Meeting                                                                                        26 September 2022

 

Mayoral Minute

Mr John Bateman OAM Honoured Citizen of the City of Penrith

           

 

On Thursday, 29 September, 2022, I am delighted to bestow upon Mr John Bateman OAM the highest accolade that the City of Penrith can award to an individual - Honoured Citizen of the City of Penrith, in recognition of his major contribution and high achievements.

 

John’s lasting contribution and invaluable service to the people and City of Penrith through his role in local government, service to the community, philanthropy work, and business, has and continues to impact positively on our region.

 

As a highly regarded community leader, John served as a Penrith Councillor from 1995-2004. He held the position of Penrith Mayor from 1998-2000, in the lead up to and during the 2000 Olympics - a time of significant transition for the region. He played a leading role in placing Penrith on the world stage and positioning our city as the capital of outer Western Sydney. John’s legacies continue to reap benefits for our community.

 

John is also a highly respected and accomplished lawyer. He established the legal firm Bateman Battersby Lawyers Penrith in 1984 and has extensive experience in Commercial and Business Law, Property Law, Planning and Local Government Law, Wills, Estates and Estate Planning Law.

 

A talented and driven man, John has always been passionate about giving back to his community. He has shared his expert legal knowledge with many local organisations and supported many local high school students to complete their legal education through the Bateman Battersby Law Bursary.

 

Together with his law firm, John is also a founding member of the Nepean Philanthropists, an organisation that provides recurrent funding to the Nepean Medical Research Foundation. 

 

John’s service to the community is not to be understated. He has also served in a voluntary capacity on many boards and committees across the fields of medical research, economic development, sport, culture and entertainment and is a great advocate for Western Sydney, its people and their capabilities.

 

He is Patron of Nepean District Historical Society, and is the Honorary Solicitor for Penrith Netball Association, Nepean District Historical Society, Penrith Touch Football Association, Penrith Disabilities Resource Centre, and NSW Little Athletics Association.

 

In 2018, John received an Order of Australia Medal in the Australia Day Honours for his service to local government and the Nepean community. In 2019, Western Sydney University awarded him a Community Fellowship in recognition of the service he has given and the contribution he has made to the Western Sydney region and beyond.

 

 

 

 

 

 

 

 

On behalf of my Council colleagues, Council staff and the Penrith community, I congratulate John on being named Honoured Citizen of the City of Penrith and extend my heartfelt thanks for his ongoing significant contribution to the people and City of Penrith.

 

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Councillor Tricia Hitchen

Mayor

  

 

RECOMMENDATION

That the Mayoral Minute on Mr John Bateman OAM Honoured Citizen of the City of Penrith be received.

 


Ordinary Meeting                                                                                        26 September 2022

 

Mayoral Minute

Local Celebration Awards night and Council's 150 year anniversary event - a tremendous success

           

 

It is with immense pride that I congratulate everyone involved in our Local Celebration Awards night and Council’s 150-year commemoration finale, that was held earlier this month at St Marys Leagues Club.

 

It was a memorable evening and a fitting tribute to the recipients of the 2021 and 2022 Local Celebration Awards, as well as Queen's Birthday Honours and Australia Day Honours recipients.

 

It also capped off Council’s 150-year anniversary in spectacular style.

 

The warmth and pride of the 170 people who attended was palpable across the room and captured the essence of the extraordinary community we have here in Penrith.

 

We have received so much positive feedback from attendees – many of whom complimented Council on an outstanding event that they will cherish for years to come.

 

The expertise and professionalism of Council staff is to be applauded. From the beautifully compiled 150-year slideshow to the stunning Award winner videos – and every element in between – it showcased both the exceptional contributions of our Local Celebration Award winners, and the exceptional skills of our talented staff.   

 

I am pleased to note that highlights of the night will be captured in Council’s 150-year commemorative booklet that will be published later this year.

 

On behalf of my Councillor colleagues and the Penrith community, my heartfelt thanks and appreciation to everyone involved in creating one of the most wonderful Council events I have had the pleasure to attend.

 

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Councillor Tricia Hitchen

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Local Celebration Awards night and Council's 150 year anniversary event - a tremendous success be received.

 


Ordinary Meeting                                                                                        26 September 2022

 

Mayoral Minute

Farewell to Council's General Manager, Warwick Winn

           

 

Penrith City Council’s General Manager, Warwick Winn has announced he will be stepping down from the role, tendering his resignation on 14 September 2022.

 

Following more than four years at the helm, Warwick made the decision to move to the NSW South Coast to lead Eurobodalla Shire Council.

 

During Warwick’s tenure, he progressed Our River Masterplan - propelling our projects to activate, protect and celebrate the Nepean River precinct.

 

Warwick initiated and oversaw planning for and refurbishment of the former Police Cottage on the banks of the Nepean River into a waterside café and restaurant that is seeing our heritage preserved and our dining options expanded. He also drove Council’s partnership with PCYC to provide work experience for local young people.

 

Warwick has also championed opportunities to seek alternate and sustainable revenue streams and has advanced Council’s property strategy through investment, including with the recent purchase of the former Rocla site.

 

Under Warwick’s leadership, many of Council’s transformative projects are being realised, including the creation of City Park to deliver a city centre oasis, and the transformation of Gipps Street into a landmark sport and recreation destination. Warwick also oversaw the delivery of Council’s award-winning, sell-out Cooling the City masterclass.

 

He led the revitalisation of Council’s nursery to enable Council to be self-sufficient, with the propagation of plants – from start to finish – all done onsite.

 

He oversaw the refurbishment of our Civic Centre into a modern, customer centric and user-friendly space, and pushed forward Council’s advocacy on Castlereagh Connection.

 

Over two years of unprecedented upheaval created by COVID-19 lockdowns and natural disasters, Warwick led the continuation and innovation of service delivery for the Council and community.

 

Warwick has always said that Council’s best asset is its staff, and he drove positive workforce change through our White Ribbon accreditation, our Towards Zero bullying framework, and Council’s Finding Balance initiative.

 

On behalf of my Council colleagues, Council staff and the Penrith community, I’d like to congratulate Warwick on his many achievements and thank him for his outstanding service and leadership. We wish him all the best for the future.

 

 

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Councillor Tricia Hitchen

Mayor

 

  

RECOMMENDATION

That the Mayoral Minute on Farewell to Council's General Manager, Warwick Winn be received.

  


Notices of Motion

 

Item                                                                                                                                       Page

 

1        Removal of Culvert                                                                                                             1

 

 

 



Ordinary Meeting                                                                                        26 September 2022

Notice of Motion

1          Removal of Culvert            

 

 

Councillor Kevin Crameri OAM TO MOVE:

 

That Council urgently remove the culvert on the bottom of Fifth Avenue because it is dramatically under size and is creating a dam which raises the water level more than a metre and half before it then crosses the road causing the homes on Sixth and Seventh to flood.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Questions on Notice

 

Item                                                                                                                                       Page

 

1        Grading of Rural Gutters                                                                                                    1

 

 

 



Ordinary Meeting                                                                                        26 September 2022

Question On Notice

1          Grading of Rural Gutters            

 

 

Councillor Kevin Crameri OAM ASKED:

 

 

Could we have a report to council on how far we have gotten with the grading of all rural gutters on a three-year rotation?  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Resilience Committee Meeting held on 31 August 2022                                                                                                                                    1

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 5 September 2022                                                                                                                                    5

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 12 September 2022                                                                                                               16

 

 

 

 

 



Ordinary Meeting                                                                                        26 September 2022

 

REPORT AND RECOMMENDATIONS OF THE
 Resilience Committee MEETING

HELD ON 31 August, 2022

 

 

 

PRESENT

Councillor Karen McKeown OAM, Councillor Robin Cook, Councillor Sue Da, Yang Xiang, Amanda Murray, Nevin Sweeney, Carina Fernandes, Aditi Verma, Daniel Angus, Marzi De Santi.

IN ATTENDANCE

Warwick Winn – General Manager, Jeni Pollard – Manager City Resilience (Chair), Glenn McCarthy – Manager Governance, Belinda Atkins – Sustainability and Resilience Lead, Andrew Hewson – Sustainability Education Officer.

Presenter / Observer: Beck Dawson and Shannon Richardson, Resilient Sydney.

 

APOLOGIES

Nerida Buckley, Esther Bailey, and Dr Victor Carey.

 

CONFIRMATION OF MINUTES - Resilience Committee Meeting - 10 November 2021

The minutes of the Resilience Committee Meeting of 10 November 2021 were confirmed..

 

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We protect and enhance an ecologically sustainable environment

 

1        Resilience Committee Meeting  - Governance Briefing

Glenn McCarthy, Manager Governance presented on governance requirements for the Committee including the Model Code of Conduct. It was noted that under the Code of Conduct committee members must act lawfully, ethically, and honestly, consider matters consistently, promptly and fairly, and take care of themselves and others health and safety.

The presentation included information on gifts and benefits, the handling of complaints, use of council information which may be sensitive or confidential, as well as a definition and explanation of conflict of interest, both pecuniary and non-pecuniary, and the need for Committee members to declare any real or perceived conflict of interest for consideration of the Committee.

Further queries on code of conduct from Committee members can be provided to the Sustainability and Resilience Lead or direct to the Manager Governance. Contact details for Glenn McCarthy were provided during the meeting.                                                        

RECOMMENDED

That the information contained in the report on Resilience Committee Meeting - Governance Briefing be received.

 

2        Resilient Sydney Program

Beck Dawson, Chief Resilience Officer, Resilient Sydney presented to the Committee, providing an overview of Resilient Sydney, and the role of Resilient Sydney in building resilience to shocks and stresses across the Greater Sydney region, and in assisting the 33 local Council’s within the region to build resilience at the local level.

The presentation provided a summary of Sydney’s major shocks and stresses, and the Resilient Sydney Strategy, its five directions and key actions to tackle these shocks and stresses. Key actions presented which will assist in building resilience of Penrith include localised resilience planning, affordable housing project, the Resilient Sydney Platform and net zero app, the Cool Suburbs tool (coolsuburbs.com.au), neighbour day program and the get ready campaign.

Resilient Sydney works collaboratively with various state government agencies on projects and advocates to state government on behalf of local councils. It was noted that Penrith is an active Council on the Resilience Ambassadors Network, with the General Manager, Warwick Winn sitting on the Resilient Sydney Committee.

More information on the Resilient Sydney Strategy and Outcomes Report can be viewed at: www.cityofsydney.nsw.gov.au/governance-decision-making/resilient-sydney

The Resilient Sydney presentation slides will be made available to Committee members

RECOMMENDED

That:

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

2.     Resilient Sydney be thanked for their presentation to the Committee.

 

 

3        Resilience Committee - Resilience in Action

Belinda Atkins presented on the Resilience Committee Terms of Reference, including the roles and responsibilities of Committee members, the achievements of the Committee over the last 5-year term and the focus for the new Resilience Committee term. It was noted that a key focus of the Committee will be to assist in the delivery and implementation of the Resilient Penrith Action Plan.

The presentation introduces the Resilient Penrith Action Plan, background to its development, the key five directions and actions areas within the plan and how the plan and resilience is being embedded within Council’s integrated planning and reporting framework.

The presentation slides will be made available to Committee members.

It was recommended that Committee members familiarise themselves with the Resilient Penrith Action Plan to enable facilitated discussion on key actions and expected outcomes at the next committee meeting in November 2022.

RECOMMENDED

That the information contained in the report on Resilience Committee - Resilience in Action be received.

 

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

 

4        Flood Recovery 2022

Andrew Hewson presented on the community flood recovery work that Council has undertaken for both the March and July 2022 flood events that have impacted Penrith residents. Council provided assistant during the flood events to the SES in closing roads and distributing sandbags to the community.

Following both flood events Council coordinated the establishment of Recovery Hubs, with the support of Resilience NSW, as a ‘one stop shop’ to access information, assistance and talk to various services. It was noted that after the March flood there were 174 visits to the Hub in Londonderry and after the July flood there were 170 visits to the Hubs in Londonderry and Wallacia, with residents requiring assistance to recover and overcome challenges faced following the flood events.

Information was presented on the next steps for Council regarding recovery phase 2 and 3 over the medium to long term, including the development of a Flood Recovery Action Plan, ongoing communications to residents, partnership projects with other organisations and services, the continuation of mental health support for the community, and disaster risk reduction and community preparedness programs.

The presentation slides will be made available to Committee members.                           

RECOMMENDED

That the information contained in the report on Flood Recovery 2022 be received..

 

 

GENERAL BUSINESS

 

GB 1           Verge gardening within the Penrith LGA     

Nevin Sweeney raised verge gardening within the Penrith LGA as an area of interest for the Committee. It was recommended that Costa be invited to speak to the Resilience Committee about the importance and advantages of verge gardens and how this could work. Committee members expressed an interest in inviting Costa to present.

 

 

GB 2           Recognition of Resilience Committee

Cr Robin Cook recognised the work of Council staff and the Committee over the last few years, noting the great work that had been achieved.

         

 

GB 3           Dates proposed for future Resilience Committee Meetings  

The Chair, Jeni Pollard noted the meeting dates proposed for future Resilience Committee Meetings.

 

 

These dates are provided below.

 

•        Wednesday 16 November 2022, 6-8pm

•        Wednesday 22 February 2023, 6-8pm

•        Wednesday 24 May 2023, 6-8pm

•        Wednesday 23 August 2023, 6-8pm

•        Wednesday 22 November 2023, 6-8pm

 

 

The Chair raised the format of the Committee meetings. The meetings have been held via zoom since 2020 due to COVID and meetings have worked well in this format. Before 2020 meetings were held in person at Council’s Civic Centre. The Sustainability and Resilience Lead will reach out to Committee members via email outside the session to gain an indication of preference for the format of future Committee meetings (e.g. online, hybrid, in-person).

 

 

 

There being no further business the Chair declared the meeting closed, the time being 8:10pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 31 August, 2022 be adopted.

 


Ordinary Meeting                                                                                        26 September 2022

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 5 September, 2022

 

 

(Note: due to prevailing public health crisis, and related COVID-19 protocols, the Local

Traffic Committee Business Paper and reports were referred to members and a formal

meeting held via on-line Microsoft Teams platform).

 

PRESENT

Mayor Tricia Hitchen (Representative for the Member of Penrith), Councillor Robin Cook (Representative for the Member of Londonderry), Councillor Karen McKeown OAM (Council Representative), Raymond Tran – Transport for NSW (TfNSW) and Sergeant Stephen Page - Nepean Police Area Command (PAC).

IN ATTENDANCE

Adam Wilkinson – Engineering Services Manager (Chair), Joshua Hull – Traffic Engineering Coordinator, Kablan Mowad – Senior Traffic Engineer, Philip Saverimuttu – Senior Traffic Engineer, Caitlin Bailey - Senior Traffic Engineer, Lalaine Malaluan – Traffic Engineer, Liam Warda – Trainee Engineer, Wendy Read – Road Safety Officer, Isaac Mann – Transport Engineer, Mia Ecob – Engineering Services Secretary, Kylie Thornley – Traffic Administration Officer, Tiana Dickson – Business Administration Trainee, Ben Cantor – Busways and Paul Bottomley - CDC.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 1 August 2022

The minutes of the Local Traffic Committee Meeting of 1 August 2022 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We manage and improve our built environment

 

1        Werrington Road and Rance Road, Werrington - Endorsement of Roundabout, Signage and Line Marking Plan

Raymond Tran – Transport for NSW (TfNSW) advised they have previously provided advice to Council on the roundabout design which hasn’t been fully adopted due to the constraints of the site but as it is a local road under Council’s management Transport for NSW doesn’t object to this proposal.                                                                             

RECOMMENDED

That:

1.     The information contained in the report on Werrington Road and Rance Road, Werrington - Endorsement of Roundabout, Signage and Line Marking Plan be received.

2.     The roundabout, signage and line marking plans prepared by Cardno, Drawing No. CV-CARDNO-S01-4065, Revision 6, dated 16/08/2022 be endorsed for installation, as shown in Appendix 1.

3.     All works associated with the installation of the roundabout, signage and line marking be undertaken by the applicant at no cost to Council.

4.     The applicant shall notify all nearby property owners of the proposed works and associated timeframes for construction, a minimum 8 weeks prior to commencement.

5.     The applicant and Council’s Rangers be advised of Council’s resolution.

 

2        Distribution Drive, Orchard Hills - Proposed “No Parking – Motor Vehicles Under 4.5t GVM Excepted” Signage                                           

RECOMMENDED

That:

1.     The information contained in the report on Distribution Drive, Orchard Hills - Proposed “No Parking – Motor Vehicles Under 4.5t GVM Excepted” Signage be received.

2.     Consultation be undertaken with affected businesses and property owners regarding the proposed signage and line marking plan in Appendix 1.

3.     Subject to no substantial objections, the signage and line marking plan in Appendix 1 be installed.

4.     The customer who raised the matter and Council Rangers be advised of Council’s resolution.

 

3        Woodland Avenue, Oxley Park - Proposed 'No Stopping' Signs

Mayor Tricia Hitchen (Representative for the Member of Penrith) questioned if the Rangers will enforce this once the signs have been installed. Adam Wilkinson – Engineering Services Manager advised yes they will and these signs will make it easier for Council’s Rangers to enforce this in the future.                                                             

RECOMMENDED

That:

1.     The information contained in the report on Woodland Avenue, Oxley Park - Proposed 'No Stopping' Signs be received.

2.     Affected residents be notified of the proposed ‘No Stopping’ signs on Woodland Avenue, Oxley Park, as shown in Appendix 1. 

3.     Following notification to affected residents, the ‘No Stopping’ signage on Woodland Avenue, Oxley Park, be installed as shown in Appendix 1.

4.     Council’s Ranger Services Department and the resident who raised this matter be advised of Council’s resolution.

 


 

 

4        Bradley Street and Tallwood Avenue, Glenmore Park - Proposed 'No Stopping' Signage                                                                                         

RECOMMENDED

That:

1.     The information contained in the report on Bradley Street and Tallwood Avenue, Glenmore Park - Proposed 'No Stopping' Signage be received.

2.     Affected residents be notified of the proposed ‘No Stopping’ signs at the intersection of Bradley Street and Tallwood Avenue, Glenmore Park, as shown in Appendix 1.

3.     Following notification to affected residents, the ‘No Stopping’ signs at the intersection of Bradley Street and Tallwood Avenue, Glenmore Park, be installed as shown in Appendix 1.

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

 

5        White Cedar Avenue, Pandorea Street and Cherrywood Street, Claremont Meadows, and Archives Way and Hortyard Drive, Caddens - Proposed 'No Stopping' Signs                                                                  

RECOMMENDED

That:

1.     The information contained in the report on White Cedar Avenue, Pandorea Street and Cherrywood Street, Claremont Meadows, and Archives Way and Hortyard Drive, Caddens - Proposed 'No Stopping' Signs be received.

2.     Affected residents be notified of the proposed 'No Stopping' signs at the intersections of White Cedar Avenue, Pandorea Street and Cherrywood Street, Claremont Meadows, and also at Archives Way and Hortyard Drive, Caddens as shown in Appendix 1.

3.     Following notification to affected residents, the 'No Stopping' signs at the intersections of White Cedar Avenue, Pandorea Street and Cherrywood Street, Claremont Meadows, and also at Archives Way and Hortyard Drive, Caddens, be installed as per Appendix 1.

4.     Council’s Ranger Services Department and the resident who raised this matter be advised of Council’s resolution.

 

6        Third Avenue and Fifth Avenue, Llandilo - Endorsement of Concept Plans for Median Island Stop Treatment (MIST) and Interim Upgrades

Mayor Tricia Hitchen (Representative for the Member of Penrith) noted that it appears there is vegetation that needs to be cleared at this location to assist with the sight lines. Joshua Hull – Traffic Engineering Coordinator advised that at the last site inspection there was no vegetation observed to be obstructing sight lines at the intersection. Mayor Tricia Hitchen (Representative for the Member of Penrith) questioned how long it will take for funding and whether we can forward fund the project. Adam Wilkinson – Engineering Services Manager advised we will closely monitor the funding process and will consider it if needed.

Councillor Robin Cook (Representative for the Member of Londonderry) noted she is pleased with how quickly it’s been looked at and supports the proposal.

Councillor Karen McKeown OAM (Council Representative) asked about the general Llandilo precinct and if warning signs are needed at other locations as well as questioned if we need more than 80m between the signs and intersection. Joshua Hull – Traffic Engineering Coordinator advised we are looking at doing a more broader review of the area and advised that the warning signs will be larger in size making it easier for drivers to see the signs further away on approach to the intersections.

Raymond Tran – Transport for NSW (TfNSW) would like us to remove the transverse line marking from the interim proposal (i.e. upgrading to ‘Stop’) and review the need for transverse line marking as part of the Black Spot nomination and precinct review which is currently underway.                                                                                                         

RECOMMENDED

That:

1.     The information contained in the report on Third Avenue and Fifth Avenue, Llandilo - Endorsement of Concept Plans for Median Island Stop Treatment (MIST) and Interim Upgrades be received.

2.     The proposed Median Island Stop Treatment (MIST) at the intersection of Third Avenue and Fifth Avenue, Llandilo, as shown in Appendix 1, be endorsed for installation with funding to be sought from TfNSW under their Fatal Crash Response Sub-program.

3.     The interim measures at the intersection of Third Avenue and Fifth Avenue, Llandilo, as shown in Appendix 2, be endorsed for implementation.

4.     Mayor Tricia Hitchen and residents who raised this matter be notified of Council’s resolution.

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

 

7        Desborough Road, Colyton - Proposed Upgrade to Signage and Line Marking within the School Zone of Bennett Road Public School

Raymond Tran – Transport for NSW (TfNSW) noted that the existing zebra crossing in this location is non-standard due it having two lanes in each direction but Transport for NSW will not be objecting to this proposal as it doesn’t affect the existing crossing. Wendy Read – Road Safety Officer advised that the existing pedestrian crossing will be dealt with as part of a broader review of pedestrian crossing compliance across the LGA.                                                                                                                                    

RECOMMENDED

That:

1.     The information contained in the report on Desborough Road, Colyton - Proposed Upgrade to Signage and Line Marking within the School Zone of Bennett Road Public School be received.

2.     Consultation be undertaken with affected properties regarding the proposed Signage and Line Marking Plan on Desborough Road, Colyton, as shown in Appendix 1.

3.     Subject to no substantial objections being received, the proposed Signage and Line Marking Plan (Plan TS0142 dated 10/8/2022) be installed by Council’s Signage and Line Marking Section as resources permit. 

4.     Council’s City Asset Department be updated of this matter, for the assessment and prioritisation of funding for the provision of a footpath to the northern side of Desborough Road, Colyton, to improve pedestrian accessibility and amenity after crossing.

5.     The residents who reported the matter, Bennett Road Public School, and Council’s Rangers be advised of Council’s resolution.

 

8        Lord Sheffield Circuit, Penrith - Proposed Changes to 'No Stopping' Restrictions                                                                                                   

RECOMMENDED

That:

1.     The information contained in the report on Lord Sheffield Circuit, Penrith - Proposed Changes to 'No Stopping' Restrictions be received

2.     Consultation be undertaken with affected properties regarding the proposed signage along Lord Sheffield Circuit, Penrith, as shown in Appendix 1.

3.     Subject to no substantial objections being received, the proposed signage along Lord Sheffield Circuit, Penrith, be installed as shown in Appendix 1.

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

 

9        Kenneth Slessor Drive and Harwood Circuit, Glenmore Park - Proposed 'No Stopping' Signage

Ben Cantor – Busways advised they have received quite a few complaints lately about this location, therefore the proposed signs are supported and will be beneficial for the turning movements of buses at this intersection.                                                                

RECOMMENDED

That:

1.     The information contained in the report on Kenneth Slessor Drive and Harwood Circuit, Glenmore Park - Proposed 'No Stopping' Signage be received.

2.     Consultation to be undertaken with affected properties regarding the proposed installation of ‘No Stopping’ signage at the intersection of Kenneth Slessor Drive and Harwood Circuit (east), Glenmore Park, as shown in Appendix 1.

3.     Subject to no objections being received, ‘No Stopping’ signage be installed at the intersection of Kenneth Slessor Drive and Harwood Circuit (east), Glenmore Park, as shown in Appendix 1.

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

 

10      Nepean Triathlon - Sunday, 23 October 2022 - Sydney International Regatta Centre

Raymond Tran – Transport for NSW (TfNSW) queried if this was the same route that was used in previous years and has requested a more detailed Traffic Guidance Scheme as the proposed road closures may have impact on classified road network and traffic signals. Kablan Mowad – Senior Traffic Engineer to discuss offline with Raymond and the applicant to seek clarity over the proposed TMP.                                 

RECOMMENDATION

That:

1.     The information contained in the report on Nepean Triathlon - Sunday, 23 October 2022 - Sydney International Regatta Centre be received

2.     The event applicant be advised that this is a Class 2 Event under the “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified must be complied with prior to the event.

3.     Approval be given for the temporary closure of the following roads in Cranebrook and Penrith:

·      Old Castlereagh Road

·      Leland Street

·      Gordon Street

·      Camden Street

·      Lugard Street

·      Borec Road

·      Jack Williams Drive

·      Cassola Place

  from 6.30am to 10.00am on Sunday, 23 October 2022.

4.     The Traffic Management Plan for the Nepean Triathlon on 23 October 2022 be endorsed, subject to the following conditions:

 

(a)   A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with Transport for NSW for approval, prior to the event. A copy of the Transport for NSW approval must be submitted to Council prior to the event.

(b)   The event applicant liaise with NSW Police and obtain any approvals if required.

(c)   The applicant delivers an information letterbox drop and personal communication to all business proprietors, property owners/residents/tenants in the affected streets four weeks prior to the event. Arrangements are to be made for residents who require essential access to/from their properties during the event.

(d)   The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $20 million, 30 days prior to the event. In addition, the event applicant indemnify Council in writing against all claims for damage and injury which may result from the proposed event.

(e)   A detailed Traffic Guidance Scheme be prepared by a qualified and certified professional and submitted to Council, Transport for NSW and NSW Police prior to the event. The Traffic Guidance Scheme shall detail how a minimum 4.0m emergency lane is maintained at all times during the event.

(f)   The event applicant arranges to place barricades and provide Transport for NSW accredited Traffic Controllers where required by the approved Traffic Management Plan. Where the Traffic Management and Traffic Guidance Schemes indicate Traffic Controllers are to be used, all Traffic Controllers must have current Transport for NSW certification.

(g)   The event applicant provide advice to Council prior to the event that the event complies with the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2017.

(h)   The event applicant advertises the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event, and provide variable message signs (VMS) in appropriate locations a minimum of two weeks prior to the event, with the locations of the VMS boards submitted to Council for endorsement prior to their erection.  VMS boards should be located in accordance with the Transport for NSW Technical Direction TDT2002/11c.

(i)    The event organiser notify Ambulance (Ambulance Service of NSW) and Fire Brigade (Fire & Rescue NSW and Rural Fire Service) and State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

(j)    The event applicant notify private bus companies of the proposed event and submit a copy of the notification to Council prior to the event. Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the event.

(k)   Should the consultation process resolve to temporarily relocate bus stops or bus routes that were not indicated in the original Traffic Management Plan, a further report be required to be submitted to the next available Local Traffic Committee meeting.

(l)    The event applicant ensure that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulation 2000.

(m) The event applicant ensure that competitors are advised to obey road rules and Police directions during the event.

5.     Any impact on classified road network, traffic signals and proposed speed limit reductions are subject to the separate approval of Transport for NSW.

6.     All works as part of this approval be conducted at no cost to Council.

7.     As a requirement of the TfNSW “Guide to Traffic and Transport Management for Special Events 2006” this approval endorsing the Traffic Management Plan is to be considered as Council’s authorisation to regulate traffic on Council’s roads.

8.     The applicant be advised of Council’s resolution.

 

GENERAL BUSINESS

 

GB 1           State Road Intersection Review 

Executive Summary

The purpose of this report is to receive information regarding a Council resolution seeking TfNSW undertake a State Road Intersection Review within the Londonderry, Berkshire Park and Llandilo areas. The report recommends that the matter be endorsed by the Local Traffic Committee.

 

Background

At Council’s Ordinary Meeting of Monday, 22 August 2022, it resolved that;

 

1.   Council write to the NSW Minister for Transport requesting an urgent review of all State Road intersections within the Londonderry, Berkshire Park and Llandilo area. These must include (but not be limited to) the following:

 

a)   Where there is insufficient undertaking opportunity with fixed and dangerous obstacles such as power poles and bus stops:

• Londonderry and Whitegates Roads

• Londonderry and Boscobel Roads

• Cranebrook and Tadmore Roads

• Cranebrook and Church Roads

• Castlereagh and West Wilchard Roads

• The Northern Road and Fifth Avenue

• The Northern and Carrington Roads

b)   Where there is limited vision to safely navigate the intersection:

• Cranebrook and Taylor Roads

• Richmond and Llandilo Roads

 

2.   Council write to the Member for Londonderry seeking their support and advocacy for the review and upgrade of all State Road intersections within the Londonderry, Berkshire Park and Llandilo area.

 

3. Council refer these matters to the Local Traffic Committee for their consideration.

 

Current Situation

 

In accordance with Council’s resolution this matter is presented to the Local Traffic Committee for consideration, input and endorsement.

 

Council will also seek the Member for Londonderry’s support and advocacy for the review and upgrade of all State Road intersections within the Londonderry, Berkshire Park and Llandilo area.

 

RECOMMENDED

That the information contained in the report on State Road Intersection Review be received

.

GB 2           IRONMAN 70.3 – Western Sydney, Sydney International Regatta Centre – Sunday, 25 September 2022        

Executive Summary

The purpose of this report is to consider the Traffic Management Plan for the “IRONMAN 70.3 – Western Sydney” Event on Sunday, 25 September 2022. The report recommends that the application for the event be endorsed, subject to conditions applicable to a Class 2 Event.

 

Background

Council has received a request from IRONMAN (IM) for the “IRONMAN 70.3 – Western Sydney” Event on Sunday, 25 September 2022 to be held at the Sydney International Regatta Centre (SIRC). 

This is the 9th year the event has been held in the Penrith Local Government Area, and despite some resident objection in previous years. Ample parking is available at SIRC for competitors and spectators. The race start time is 6.15am (swim), and it is expected to finish by 3.00pm (run).

 

Conclusion

As the event is to be held on a Sunday, it is expected that there will be minimal adverse impact to traffic. The event is considered as a Class 2 Event under the “Guide to Traffic and Transport Management for Special Events” and will require a Traffic Management Plan and a Risk Management Plan to be prepared and submitted to the Transport for NSW (TfNSW) for approval prior to the event.

 

RECOMMENDED

That:

1.     The information contained in the report on IRONMAN 70.3 – Western Sydney, Sydney International Regatta Centre – Sunday, 25 September 2022 be received.

2.     The event applicant be advised that this is a Class 2 Event under the “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified must be complied with prior to the event.

3.     As per Attachment 1 and Attachment 2, approval be given for the temporary closure of the following roads:

·    McCarthys Lane - Pipe Gate to Castlereagh Road

·    Castlereagh Road - Between Andrews Road and Springwood Road

·    Brooks Lane - Between Castlereagh Road and Wilshire Road

·    Wilshire Road - Between Brookes Lane and Jockbett Road

·    Jockbett Road - Between Wilshire Road and The Driftway

·    The Driftway - Between Castlereagh Road and Londonderry Road

·    Old Castlereagh Road - Between SIRC and Castlereagh Road

                            from 4.30am to 3.00pm on Sunday, 25 September 2022.

4.     The Traffic Management Plan for the “Ironman 70.3 – Western Sydney” be endorsed, subject to the following conditions:

 

a)   A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with the TfNSW for approval, prior to the event.  A copy of the TfNSW approval must be submitted to Council prior to the event.

 

b)   The event applicant liaises with NSW Police prior to the event and obtain any approvals if required.

 

c)   The applicant delivers an information letterbox drop and personal communication to all business proprietors, property owners/residents/tenants in the affected streets four weeks prior to the event.  Arrangements are to be made for residents who require essential access to/from their properties during the event.

 

d)   The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $20 million, 30 days prior to the event.  In addition, the event applicant indemnifies Council in writing against all claims for damage and injury which may result from the proposed event.

 

e)   A detailed Traffic Guidance Scheme be prepared by a qualified and certified professional and submitted to Council, the TfNSW and NSW Police prior to the event.  The Traffic Guidance Scheme shall detail how a minimum 4.0m emergency lane is maintained at all times during the event.

 

f)    The event applicant arranges to place barricades and provide TfNSW accredited Traffic Controllers where required by the approved Traffic Management Plan.  Where the Traffic Management Plan and Traffic Guidance Schemes indicate Traffic Controllers are to be used, all Traffic Controllers must have current TfNSW certification.

 

g)   The event applicant provide advice to Council prior to the event that the event complies with the NSW Work Health and Safety Act 2011 & Work Health and Safety Regulation 2017.

 

h)   The event applicant advertises the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event, and provide variable message signs (VMS) in appropriate locations a minimum of two weeks prior to the event, with the locations of the VMS boards submitted to Council for endorsement prior to their erection.  VMS boards should be located in accordance with the Roads and Maritime Services Technical Direction TDT2002/11c.

 

i)    The event organiser notifies the Ambulance Service of NSW and Fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

 

j)    The event applicant notifies private bus companies of the proposed event and submit a copy of the notification to Council prior to the event.  Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the event.

 

k)   Should the consultation process resolve to temporarily relocate bus stops or bus routes that were not indicated in the original Traffic Management Plan, a further report be required to be submitted to the next available Local Traffic Committee meeting.

 

l)    The event applicant ensure that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulation 2000.

 

m)  The event applicant advises competitors to obey road rules and Police directions during the event.

 

5.     Any proposed speed limit reductions are subject to the separate approval of the TfNSW.

 

6.     All works as part of this approval be conducted at no cost to Council.

 

7.     As a requirement of the TfNSW “Guide to Traffic and Transport Management for Special Events 2006” this approval endorsing the Traffic Management Plan is to be considered as Council’s authorisation to regulate traffic on Council’s roads.

 

8.     The applicant be advised of Council’s resolution.

 

There being no further business the Chairperson declared the meeting closed the time being 10:00am.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 September, 2022 be adopted.

 


Ordinary Meeting                                                                                        26 September 2022

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 12 September, 2022

 

 

 

WEBCASTING STATEMENT

The Deputy Mayor, Councillor John Thain, read a statement advising that Council Meetings are recorded and webcast.

PRESENT

Deputy Mayor Councillor John Thain, and Councillors Bernard Bratusa, Todd Carney, Robin Cook, Kevin Crameri OAM, Sue Day, Glenn Gardiner, Jonathan Pullen, Mark Rusev and Marlene Shipley.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Ross Fowler OAM for the period 6 September 2022 to 20 September 2022 inclusive.

 

APOLOGIES

Apologies were accepted from Her Worship the Mayor, Councillor Tricia Hitchen and Councillors Karen McKeown OAM, Jim Aitken OAM and Mark Davies.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 9 May 2022

The minutes of the Policy Review Committee Meeting of 9 May 2022 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Councillor Mark Rusev declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 - Penrith CBD Corporation - 2021-22 Annual Report and Audited Financial Statement as he is a Board Member of Penrith CBD Corporation and Council’s representative on the Board.  Councillor Mark Rusev stated that he would remain in the meeting but not take part in discussion of this item.

 

 

DELIVERY PROGRAM REPORTS

 

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

 

1        Penrith CBD Corporation - 2021-22 Annual Report and Audited Financial Statement

Gai Hawthorn, CEO of Penrith CBD Corporation, and Darren Latty, President of the Penrith CBD Corporation, gave a presentation on this item.                              

RECOMMENDED

That the information contained in the report on Penrith CBD Corporation - 2021-22 Annual Report and Audited Financial Statement be received.

Outcome 5 - We have open and collaborative leadership

 

5        North Penrith Commuter car park Park and Ride Program -Transport for NSW

Senior Product Manager, Jayson Chau and Senior Community and Engagement Manager, Simon Cousins from Transport for NSW gave a presentation on this item.

RECOMMENDED

That the information contained in the report on North Penrith Commuter car park Park and Ride Program -Transport for NSW be received.

 

 

Outcome 3 - We plan and shape our growing City

 

2        Draft Brand Policy                                                                                         

RECOMMENDED

That:

1.     The information contained in the report on Draft Brand Policy be received.

2.     The Draft Brand Policy 2022 be endorsed.

 

3        Reporting on Determined Clause 4.6 Variations to Development Standards                                                                                                       

RECOMMENDED

That the information contained in the report on Reporting on Determined Clause 4.6 Variations to Development Standards be received.

 

4        Amendment to Penrith Developer Infrastructure Agreements Policy    

RECOMMENDED

That:

1.     The information contained in the report on Amendment to Penrith Developer Infrastructure Agreements Policy be received.

2.     The flowchart in Section 3.2 of the Penrith Developer Infrastructure Agreements Policy is amended to enable draft VPAs to be executed without a further report to Council, where no submissions are received and no changes are proposed to the draft VPA.

3.     Councillors are informed by Memorandum when the draft VPA is to be executed, without a further Council report, where no submissions are received during the public notification period and no changes are proposed to the draft VPA.

 


 

 

Outcome 5 - We have open and collaborative leadership

 

6        Policy on the Payment of Expenses and Provision of facilities to Mayor, Deputy Mayor and Councillors                                                       

RECOMMENDED

That:

1.     The information contained in the report on Policy on the Payment of Expenses and Provision of facilities to Mayor, Deputy Mayor and Councillors be received

2.     Council advertise for 28 days a public notice of its intention to adopt the amended Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors.

3.     A further report be presented to an Ordinary Meeting of Council at the conclusion of the exhibition period.

 

7        Child Safe Policy                                                                                           

RECOMMENDED

That:

1.     That the information on the Child Safe Policy be received

2.     The Child Safe Policy be endorsed.

 

 

There being no further business the Chairperson declared the meeting closed the time being 7:50pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 12 September, 2022 be adopted.

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

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

 

1        CBD Revitalisation Program - Round 2 Grant Update                                                      1

 

2        Request for Major Event Sponsorship - Penrith CBD Corporation Limited                      4

 

 

Outcome 3 - We plan and shape our growing City

 

3        Employment Zones Reform - Endorsement of final translation of Penrith Local Environmental Plan 2010   

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                11

 

4        Planning Proposal to amend Penrith Local Environmental Plan 2010 - 170 Russell Street, Emu Plains

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                20

 

5        Voluntary Planning Agreement for 57 Henry Street, Penrith

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                32

 

6        Voluntary Planning Agreement 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.                                                                38

 

7        Endorsement of Rural Lands Strategy                                                                             41

 

8        Letter of Offer - 61-79 Henry Street Penrith                                                                     52

 

9        Heritage Advisory Committee - Community Representatives                                         63

 

 

Outcome 4 - We manage and improve our built environment

 

10      Seek Endorsement for Public Exhibition of the Draft Penrith Accessible Trails Hierarchy Study Implementation Plan 2022 - 2032                                                                          71

 

11      Australian Government Black Spot Program and NSW Safer Roads Program 2023/24 Nominations and Funding Acceptance for 2022/23                                                        79

 

12      Adoption of Transport for NSW Panel Contract of Architectural Acoustic Treatment for At Home Noise Treatment works - Erskine Park Road Upgrade                                         84

 

13      RFT 22/23-04 Boronia Park Upgrade                                                                              87

 

14      RFT22/23-12 Ched Towns Landscaping                                                                         91

 

Outcome 5 - We have open and collaborative leadership

 

15      Election of Deputy Mayor                                                                                                 97

 

16      Review of Delegations                                                                                                   101

 

17      2021-22 Draft Financial Statements                                                                              112

 

18      2022-23 Financial Assistance Grant                                                                              120

 

19      Transfer of Land Titles - Regatta Park                                                                           124

 

20      RFT 20/21-24 Bus Shelter Advertising                                                                          128

 

21      Summary of Investment & Banking for the period 1 August 2022 to 31 August 2022 135

 

 

 

 

 

 

 

 


 

 

Outcome 1 - We protect and enhance an ecologically sustainable environment

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


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

 

Item                                                                                                                                       Page

 

1        CBD Revitalisation Program - Round 2 Grant Update                                                      1

 

2        Request for Major Event Sponsorship - Penrith CBD Corporation Limited                      4

 

 

 

 



Ordinary Meeting                                                                                        26 September 2022

 

 

 

1

CBD Revitalisation Program - Round 2 Grant Update    

 

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

Authorised by:            Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are welcoming, healthy, happy, creative and connected

Strategy

Enhance community wellbeing, safety and neighbourhood amenity

Principal Activity

Work in partnership to support the revitalisation of the Penrith, St Marys and Kingswood centres

 

Previous Items:           DPIE Festival of Place Programs and Investment NSW CBD Revitalisation Funding - Ordinary Meeting - 10 Jan 2022    

 

Executive Summary

This report provides an update on the grant that Council applied for from Investment NSW from their CBD Revitalisation Program – Round 2 and as per the advice provided in the Councillor memo dated 26 August, suggesting not to proceed with the program at this time.

The intention to make this application was reported to Council at its Ordinary Meeting of 10 January 2022. At this meeting, Council endorsed the application for funding and to accept the funds, should the application be successful. Council was notified it was successful in receiving the grant on 28 February 2022.  

The grant totalled $575,000. Council has not received any funding nor signed and entered into any funding agreement with Investment NSW as part of this CBD Revitalisation Program – Round 2 grant opportunity.

Regrettably a number of matters and delays have impacted on finalisation of a suitable funding agreement.

Given the previous resolution of Council from the 10 January Ordinary Meeting to accept the funds should the application be successful, this report provides further information and recommends that Council note and receive the CBD Revitalisation Program – Round 2 Grant Update report and write to Investment NSW, formally withdrawing Council’s application for the CBD Revitalisation Program – Round 2 grant.

Background

Council made an application for funding from Investment NSW’s CBD Revitalisation Program – Round 2 on 14 January 2022 seeking $575,000 to deliver an event series in Penrith CBD. The funding opportunity was restricted to activations in the Penrith CBD only. Council requested the ability to use the funds to deliver activations in St Marys at the same time, but this was rejected. 

The intention to make this application was reported to Council at its Ordinary Meeting of 10 January 2022. At this meeting, Council endorsed the application for funding and to accept the funds, should the application be successful. Council was notified it was successful in receiving the grant on 28 February 2022. Councillors were notified of success by memo dated 24 March 2022. 

Council has not received any funding nor signed and entered into any funding agreement with Investment NSW as part of this CBD Revitalisation Program – Round 2 grant opportunity. 

Current Situation

A number of matters have arisen that have impacted on finalisation of a suitable funding agreement. These delays have impacted on Council’s capacity to proceed with procurement for the necessary resources and infrastructure to deliver the event within the required grant timeframe. 

Council sought to work with Investment NSW to agree on a realistic timeframe for event delivery, which would enable the necessary and appropriate procurement processes to be undertaken in accordance with Council processes. In the latest discussions on timeframe, Investment NSW required event delivery by 31 October 2022 and Council requested an extension to enable events to be delivered by 31 November 2022.  Final communications were received from Investment NSW on 5 August 2022 advising that Council’s desired November timeframe for delivery could not be supported.  On this basis, Council is unable to progress at this time with the grant opportunity. 

Council continues to actively support the recovery of our centres from the effects of COVID-19 through the delivery of high-quality events and activations that welcome and encourage the return of people into Penrith CBD and St Marys Town Centre. Council also continues to support the Penrith CBD and St Marys Town Centre Corporations in their endeavours through works in kind and advice.

To date, there are 13 community events run either by Council or the Town Centre Corporations that are planned from now until Christmas.  There are 6 events planned within the Penrith CBD, 3 to be delivered by Council and 3 by the Penrith CBD Corporation. Seven events will be held in St Marys, with 3 to be delivered by Council and 4 by the St Marys Town Centre Corporation. In addition, there are other community activations occurring outside of these locations, for example “Meet in the Park” at Wainwright Park Kingswood. 

The scheduled community events for the coming 4 months September to December 2022 provide multiple opportunities for the community to gather.

Council officers will formally communicate with Investment NSW to remove Council’s application from the CBD Revitalisation Program – Round 2, following Council’s consideration.    

Financial Implications

 

As Council has not entered into a funding agreement with Investment NSW there has been no receipt of grant funding from the CBD Revitalisation Program – Round 2. In addition, Council has not incurred any costs associated with the delivery of the series of events in the Penrith City.

Risk Implications

Not proceeding with the grant offer minimises the risk to Council by reducing potential procurement and reputation risks associated with delivering large scale community events without appropriate implementation timeframes.

Conclusion

This report provides an update on the grant that Council applied for from Investment NSW for $575,000 from their CBD Revitalisation Program – Round 2 and advises not to proceed with this program at this time. 

Council has not received any funding nor signed and entered into any funding agreement with Investment NSW as part of this CBD Revitalisation Program – Round 2 grant opportunity. A resolution of Council is now sought to withdraw from this grant round.

A number of matters have arisen that have impacted on finalisation of a suitable funding agreement. This is regrettable but on balance is appropriate given the potential risks associated with delivering large scale community events without appropriate implementation timeframes.

Council continues to actively support the recovery of our centres from the effects of COVID-19 through the delivery of high-quality events and activations that welcome and encourage the return of people into Penrith CBD and St Marys Town Centre. Eleven such events are planned for between now and the end of the year.  

The report recommends that Council write to Investment NSW, formally withdrawing Council’s application for the CBD Revitalisation Program – Round 2 grant.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on CBD Revitalisation Program - Round 2 Grant Update be received

2.     Council write to Investment NSW, formally withdrawing Council’s application for the CBD Revitalisation Program – Round 2 grant.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        26 September 2022

 

 

 

2

Request for Major Event Sponsorship - Penrith CBD Corporation Limited   

 

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

 

Previous Items:           Centre Corporations - 2022-23 Business Plans - Ordinary Meeting - 27 Jun 2022      

 

Executive Summary

The purpose of this report is to present to Council an event sponsorship proposal received from Penrith CBD Corporation Limited (the Corporation) to assist in the delivery of the 2022 Penrith Community Christmas Tree Lighting event on Friday 18 November 2022.

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

Penrith CBD Corporation is a not-for-profit entity funded by a special levy provided by Penrith City Council with a mandate to activate the CBD, working collaboratively with key stakeholders such as business and property owners.

In Financial Year 2022-23, Council will provide $475,050.00 (ex GST) of funding to the Penrith CBD Corporation to fund activities against its Business Plan, which was endorsed by Council at the Ordinary Meeting of 27 June 2022.

Penrith CBD Corporation has submitted a proposal for sponsorship for the Penrith Community Christmas Tree Lighting to be held in Memory Park and along High and Woodriff Streets, Penrith on 18 November 2022.

Penrith CBD Corporation has sought sponsorship of $10,000 (plus GST). Council officers estimate that event could deliver approximately $921,000 in local economic benefit. 

This report recommends that Council endorse $10,000 (plus GST) in sponsorship to the Penrith CBD Corporation Limited in support of the Penrith Community Christmas Tree Lighting Event to be held on 18 November 2022.

Background

Council was approached by Penrith CBD Corporation on 26 August 2022 to consider sponsorship of the Penrith Community Christmas Tree Lighting, to be held on 18 November 2022 in Memory Park and along High and Woodriff Streets, Penrith.

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

Council endorsed the Think Penrith, Think Events – Penrith Events Strategy 2020-2024 on 22 June 2020. The Events Strategy provides for up to $200,000 annually to support the attraction and retention of major and community events in the Penrith Local Government Area.

Current Situation

The sponsorship proposal received from Penrith CBD Corporation for the Penrith Community Christmas Tree Lighting requests Council funds of $10,000 (plus GST) to support the overall delivery of the event, particularly a large Public Christmas Tree which will remain in place at Memory Park from 18 November until early January 2023. Further details on the event are provided in the section below.

2022 Penrith Community Christmas Tree Lighting Event

The Penrith Community Christmas Tree Lighting Event launches the Christmas season in the Penrith City Centre with a large-scale outdoor community event which includes the lighting of the community Christmas tree, community programming including local dance groups and performers, street entertainment and kid’s activities.

The Corporation will partner with local retailers to support later trading and offering special incentives and promotions throughout the event to drive business visitation and foot traffic into the Penrith City Centre. 

Based on previous attendance, the event is envisioned to attract around 5,000 attendees, with 70% coming from the Penrith LGA as locals and 30% from the broader Greater Western Sydney area.

Council contributions and previous sponsorship to the Penrith CBD Corporation

Penrith City Council works with the Penrith CBD Corporation and St Marys Town Centre Limited to jointly manage the centres to support their ongoing vitality and viability. Council collects rates from non-residential properties in the city centre and returns these to the Corporations. A 3-year Service Level Agreement with the Penrith CBD Corporation was endorsed by Council at the Ordinary Meeting of 22 June 2020.

In Financial Year 2022-23, Council will provide $475,050.00 (ex GST) of funding to the Penrith CBD Corporation to fund activities against its Business Plan, as endorsed by Council at the Ordinary Meeting of 27 June 2022. It was noted that at their presentation to Council at the Policy Review Committee Meeting of 12 September that the Corporation was holding $111,494.00 operating surplus as at 30 June 2022.

Strategy 2.5 of the Corporation’s 2022-23 Business Plan outlines that the Corporation will “produce and implement a range of events and initiatives to assist awareness and economic growth for local businesses in the City Centre”. In the 2022-23 Business Plan approved by Council at the Ordinary Meeting of 27 June 2022, the Corporation has forecasted total expenditure to support “events and initiatives” at $303,463.00.

The Corporation has confirmed that $188,202.22 (excluding staff costs) will be spent supporting 31 events and initiatives across the 2022-23 Financial Year. The Corporation has forecasted that all funds provided by Council for 2022-23 will be expended on planned activities as outlined in their business plan.

In support of its application for sponsorship, the Corporation has noted significantly increased costs to produce the Christmas Tree Lighting Event, in the order of 20-30%, which exceed the ordinary annual CPI increase to the funding allocation provided to the Corporation by Council.

Proposed Sponsorship Benefits

The sponsorship opportunities presented by the Penrith CBD Corporation for the Penrith Community Christmas Tree Lighting would provide Council and the community of Penrith City with several benefits including:

·    Council logo placement as major sponsor at the base of the Christmas Tree installed in Memory Park (to be in place for 6 weeks)

 

·    5 x City Christmas flags with logo (to be displayed in the City Centre between 4 November 2022 and 13 January 2023)

 

·    Council logo placement on all advertising, including social media and a full-page advert in the Western Weekender and Nepean News, event banner across High Street, inclusion in event video and stage branding

 

·    Invitation for the Mayor (or delegate) to attend the event and light the Christmas Tree

 

·    Council recognised as a major sponsor of the event by MC

 

·    2 x fete stalls at the event provided at no cost to Council 

Assessment of sponsorship proposal

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

The event encourages local community and business participation 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 Corporation, Council officers have estimated the economic benefit of the scheduled event to the local economy is approximately $921,000.

This estimate is calculated by using projected attendance information provided by the Corporation and loading it in the “Economic value of Tourism and 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 the costs of securing the Christmas Tree, which will be highly visible in the Penrith City Centre and will encourage visitation to the City Centre by the local and regional community.

This level of funding reflects the nature of the proposed sponsorship benefits to Council, the estimated economic benefit coupled with the understanding that the majority of participants are expected to come from within the Penrith LGA, as opposed to attracting a significant new customer base from outside of the Penrith LGA.

 

Financial Implications

 

The current Major Event Sponsorship budget for 2022-23 currently has funds available to sponsor the event.  This sponsorship funding is available to work in partnership with and in support of the local community to encourage, develop and conduct a wide range of local recreational, business, cultural and community events that make a positive contribution to the LGA.

Risk Implications

If the sponsorship is endorsed, Council will enter into a sponsorship agreement with the Corporation 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 the Corporation in instalments upon delivery of agreed deliverables and meeting agreed milestones.

Conclusion

A request for sponsorship has been received from the Penrith CBD Corporation Limited. The request seeks a total of $10,000 (plus GST) for the 2022 Penrith Community Christmas Tree Lighting Event.

In Financial Year 2022-23, Council will provide $475,050.00 (ex GST) of funding to the Penrith CBD Corporation Limited to fund activities against its Business Plan, as endorsed by Council at the Ordinary Meeting of 27 June 2022.

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 $921,000 in local 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 Penrith CBD Corporation Limited 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 - Penrith CBD Corporation Limited be received

2.     Council endorse sponsorship funding of $10,000 (plus GST) to Penrith CBD Corporation Limited in support of the 2022 Penrith Community Christmas Tree Lighting Event

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 3 - We plan and shape our growing City

 

Item                                                                                                                                       Page

 

3        Employment Zones Reform - Endorsement of final translation of Penrith Local Environmental Plan 2010  

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                11

 

4        Planning Proposal to amend Penrith Local Environmental Plan 2010 - 170 Russell Street, Emu Plains

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                20

 

5        Voluntary Planning Agreement for 57 Henry Street, Penrith

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                32

 

6        Voluntary Planning Agreement 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.                                                                38

 

7        Endorsement of Rural Lands Strategy                                                                             41

 

8        Letter of Offer - 61-79 Henry Street Penrith                                                                     52

 

9        Heritage Advisory Committee - Community Representatives                                         63

 

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                        26 September 2022

 

 

 

3

Employment Zones Reform - Endorsement of final translation of Penrith Local Environmental Plan 2010   

 

Compiled by:               Nicole Dukinfield, 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

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

 

Previous Items:           Employment Zones Reform - Councillor Briefing - 12 Jul 2021

                                      Submission on Employment Zones Reform - Ordinary Meeting - 26 Jul 2021

                                      Employment Zones Reform - Preliminary Zone Translation for Penrith Local Environmental Plan 2010 - Councillor Briefing - 07 Feb 2022

                                      Employment Zones Reform - Preliminary Zone Translation for Penrith Local Environmental Plan 2010 - Ordinary Meeting - 28 Mar 2022

                                      Employment Zones Reform - Endorsement of final translation of Penrith Local Environmental Plan 2010 - Councillor Briefing - 19 Sep 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 summarise the outcomes of the public exhibition of the draft translation of Penrith Local Environmental Plan (LEP) 2010 into the new Employment Zones framework, and to seek Council’s endorsement of the final translation of Penrith LEP 2010 to submit to the Department of Planning and Environment (DPE) for gazettal.

 

The following Councillor memos have been provided in relation to this project:

·    5 March 2021 – providing an overview of the reforms;

·    28 May 2021 – advising of employment reforms being exhibited for comment;

·    3 September 2021 – advising of the public exhibition of the proposed framework and DPE response to submissions;

·    21 November 2021 – advising of the preliminary zone translation of Penrith LEP 2010 provided by DPE for Council endorsement;

·    22 May 2022 – advising of upcoming public exhibition of the preliminary zone translation of Penrith LEP 2010; and

·    2 June 2022 – advising of the public exhibition of the preliminary zone translation of Penrith LEP 2010.

 

At the Ordinary Meeting of 28 March 2022, Council endorsed the preliminary translation of Penrith LEP 2010 into the new employment zones. This was then submitted to DPE, who publicly exhibited the translation of all principal LEPs in NSW from 31 May to 12 July 2022. The exhibition process was entirely managed by DPE and on 4 August 2022, Council received copies of the submissions received relating to Penrith with a total of 12 submissions received. A number of general submissions support the DPE’s Employment Zones Reform project and seek that no property loses any of its existing uses. Council also received several site-specific submissions, mostly requesting further land uses be included within some of the new land uses zones.

 

It is not proposed to make any changes to Council’s preliminary translation in response to the submissions received, as this would be inconsistent with Council’s ‘direct translation’ approach. Although, as it is intended that Council officers will begin a comprehensive review of the new employment zones framework following the gazettal of the amendments, the matters raised in these submissions will be considered as part of that process, or as part of a separate proponent-initiated Planning Proposal. However, it is proposed to make one change to the existing translation. This change proposes to include a restaurant or café as an Additional Permitted Use on land within the existing B6 Enterprise Corridor zone. This proposed change reflects Council’s ‘direct translation’ approach, which was omitted in error from the preliminary translation when endorsed by Council in March 2022.

 

Changes to the Standard Instrument LEP removing existing Business (B) and Industrial (I) zones will occur on 1 December 2022, therefore the translation of Penrith LEP 2010 will need to occur either before or on this date. DPE have advised that this will occur through a self-repealing SEPP amendment, that will amend all principal LEPs in NSW at the same time. When that occurs, Council officers will prepare communications to advise key local business groups alerting them to the changes.

Background

The Employment Zones Reform is a translation of existing Business (B) and Industrial (I) zones to new Employment (E) zones, a process initiated and managed by DPE. The reforms aim to remove widespread limitations on businesses that wish to establish, innovate or expand. Essentially, the approach aims to support the long-term economic recovery of NSW by increasing job creation and productivity, and the consolidation of business and industrial zones is a recommendation of the Productivity Commission’s White Paper.  The project is being wholly managed by DPE, including public exhibition processes and implementation, therefore Councils were not required to prepare individual Planning Proposals to carry out the translation.

 

In late 2020, DPE began to engage with selected Councils on their intention to refine the zoning framework for employment lands. The proposed Employment Zones Framework (introducing the new zones to the Standard Instrument LEP) was on public exhibition from 20 May 2021 to 30 June 2021.

 

In November 2021, Council received its zone translation of Penrith LEP 2010 from DPE and was required to submit its draft confirmation of the translation by 28 January 2022, with the preliminary translation formally endorsed by Council and submitted to DPE in March 2022. This timeframe significantly impacted Council’s ability to undertake a comprehensive review of the translation, therefore the Ordinary Meeting report of 28 March 2022 outlined the following two-staged approach to be taken:

 

Stage 1: Broadly adopt a ‘direct translation’ approach as part of the DPE implementation

This will therefore result in minimal policy changes to the transition from the existing to the new framework, unless in circumstances where a clear land use conflict arises from the translation of the existing zone to the new zone, or where the DPE’s secondary zone translation is more relevant than the direct zone translation based on the existing land uses or desired future vision.  The intention of Council officers in undertaking the review is that affected property owners maintain their development potential as a result of the translation.  

 

Stage 2: Undertake a comprehensive review of the new employment zones framework to be managed and implemented by Council

This will require a separate Planning Proposal to ensure the new framework is applied appropriately throughout the Penrith Local Government Area (LGA) and is the result of detailed analysis and a strong evidence base. This will involve including any relevant direction and recommendations from the recently adopted Employment Lands Strategy and undertaking a comprehensive land use audit for our employment lands within the LGA, where necessary. The benefit of this approach is that Council will then be able to engage directly with affected property owners and the community, whilst we manage the Planning Proposal process, as well as having enough time to develop appropriate local provisions and land use tables following further strategic analysis. It is likely that this work will commence in late 2022.   

 

A summary of the proposed Council-initiated key changes to Penrith LEP 2010 as a result of the translation include:  

·    Prohibiting Restricted premises and Registered clubs from the E1 Local Centre zone; 

·    For existing IN2 Light Industrial lands (except for 243 Forrester Road, North St Marys), transitioning these to the new E4 General Industrial zone and converting the permissible uses that currently apply under the IN2 Light Industrial zone to these precincts/sites so that they retain these uses; 

·    Applying the secondary zone translation of E3 Productivity Support to land at 243 Forrester Road, North St Marys;  

·    Applying the SP4 Enterprise zone rather than the DPE proposed E3 Productivity Support to the Western Sydney University land (Werrington North and South Campus currently zoned B7 Business Park); 

·    A new local objective in the LEP to mitigate amenity impacts from the increased land uses to be permissible in the E1 Local Centre zone; and

·    A new local objective in the LEP that ensures Business and Office premises in the E3 Productivity Support zone maintain Council’s intended centres hierarchy. 

 

The preliminary translation endorsed by Council at the Ordinary Meeting of 28 March 2022 is provided in Attachment 1.

 

Changes to the Standard Instrument LEP removing existing Business and Industrial zones have been gazetted to occur on 1 December 2022, therefore the translation of LEPs will need to occur either before or on this day. DPE have advised that this will occur through a self-repealing SEPP amendment, that will amend all principal LEPs in NSW at the same time. When that occurs, Council officers will prepare communications to advise key local business groups alerting them to the changes.

 

Public exhibition and submissions

 

The public exhibition of the preliminary translation of all principal LEPs in NSW which included Penrith LEP 2010, was publicly exhibited by DPE from 31 May 2022 to 12 July 2022. All information relating to the public exhibition was placed on DPE’s Planning Portal website and all submissions were made directly to DPE. Council placed a notice advising of the public exhibition of the Employment Zones Reform in the Western Weekender of the 10 June 2022 edition. Council officers answered a minimal number of enquiries relating to the exhibition.

 

On 4 August 2022, DPE provided Council with 12 submissions that related to Penrith’s preliminary translation. A detailed overview of the submissions received is provided in Attachment 2. A summary of the issues raised and responses are provided below:

 

General submissions

 

Issue

Response

There should be no net loss of permissible uses as a result of the reform.

 

Noted. As outlined in this report, Council’s approach to the reform has been to generally achieve no net loss of permissible uses through a ‘direct translation’ approach.

Recommends DPE should ensure the outcome of the translation avoids the use of local provisions and additional permitted uses, where possible, to reduce complexity and provide an easier to use land use planning framework.

In order to achieve no net loss of permissible uses as raised in the issue above, particularly for the existing IN2 Light Industrial zone, the only mechanism to achieve this at this present time (without completing a comprehensive review of all zones) is to utilise mechanisms such as Schedule 1 – Additional Permitted Uses. The use and key role of Schedule 1 for the translation of Penrith LEP 2010 to the new employment zones framework is recommended to be retained, but will however be reviewed as part of Council’s comprehensive review.

Supports Penrith’s proposed E1 Local Centre zone objective which attempts to limit up-zoning: To provide retail facilities for the local community commensurate with the centre’s role in the local and regional retail hierarchy.

 

Noted.

Recommends expanding the E3 mandated land uses to include Food and Drink Premises to allow for better consistency in permissibility for these uses.

 

Food and drink premises is currently proposed to be permissible with consent within the E3 Productivity Support zone. However, a restaurant or café is proposed to remain prohibited. This is consistent with the direct translation approach where a restaurant or café is currently prohibited under the existing B5 Business Development zone.

 

When Council undertakes its comprehensive review of the new employment zones, changes to landuse permissibility outside of the direct translation approach will be considered.

Recommends that the E3 zone objective should promote and encourage Specialised Retail Premises.

 

Amending the E3 Productivity Support zone objectives to specifically refer to Specialised Retail Premises is not considered necessary as a new mandated objective that is essentially an update of the existing objective relating to Specialised Retail Premises, is now included as follows:

 

To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site

 

To include a further objective that specifically refers to Specialised Retail Premises is considered unnecessary duplication.

 

Does not support car parks being prohibited in the proposed E3 Productivity Support zone.

 

As part of the preliminary translation provided to DPE, and the materials placed on public exhibition, car parks are already proposed to be permissible with consent in the E3 Productivity Support zone.

 

Site-specific submissions

 

Issue

Response

Western Sydney University - 14 & 653-729 Great Western Highway, Werrington

 

Generally supports the proposed translation to SP4 Enterprise.

 

Noted.

Seeking amendments to Penrith LEP 2010 that better reflect mixed use outcomes.

As outlined in this report, Council adopted a ‘direct translation’ approach therefore any changes to zoning permissibility outside of the scope of the review and given the strategic significance and size of this site, will need to be considered on their merits as part of a proponent-initiated Planning Proposal.

Westfield - 569-595 High Street, Penrith

 

Supports Penrith’s proposed E1 Local Centre zone objective which attempts to limit up-zoning.

 

Noted.

Generally supports the review.

 

Noted.

80A Glossop Street, North St Marys and 2209 - 2213 Castlereagh Road, Penrith

Notes two sites in Penrith that are currently zoned IN1 General Industrial which prohibits Service Stations, will be translated to the E4 General Industrial zone, where Service Stations will remain a prohibited use.

Amending the E4 General Industrial zone to include Service Stations as permissible with consent would result in a change outside of the scope of the ‘direct translation’ approach, as the submission correctly identifies that Service Stations are not currently permissible within the IN1 General Industrial zone.

 

When Council undertakes its comprehensive review of the new employment zones, changes to landuse permissibility outside of the direct translation approach will be considered.

Colyton Hotel - 12 Great Western Highway, Colyton

Raises concern that some land uses will no longer be permissible with consent on the Colyton Hotel site, including food and drink premises. Under the E3 Productivity Support zone, food and drink premises will be a prohibited land use.  However, pubs and takeaway food and drink premises (all a type of food and drink premises) will remain permissible within the E3 Productivity Support Zone. 

 

As part of the preliminary translation provided to DPE, and the materials placed on public exhibition, food and drink premises are proposed to be permissible with consent in the E3 Productivity Support zone. However, a restaurant or cafe is proposed to be prohibited within the zone.

 

Following Councill’s endorsement of the preliminary translation in March 2022, Council officers identified an error for sites with an existing B6 Enterprise Corridor zone. A restaurant or café is currently permissible with consent, however by error this was not reflected in the preliminary translation provided to DPE in March 2022 and therefore under the proposed new E3 Productivity Support zone, will become prohibited.

 

Therefore, whilst prohibiting a restaurant or cafe within the E3 Productivity Support zone is consistent with the translation of the existing B5 Business Development zone, it is not consistent with the translation of the B6 Enterprise Corridor zone and therefore needs to be rectified.

 

It is proposed to identify a restaurant or cafe as permissible with consent as part of Schedule 1 – Additional Permitted Uses for this site. This will result in this precinct being consistent with Council’s ‘direct translation’ approach and reinstate the existing permissibility.

 

Penrith Homemaker Centre - 13-23 Pattys Place, Jamisontown

Supports the translation of the site from B5 Business Development to E3 Productivity Support.

 

Noted.

Recommends restaurants and cafes be permitted to better support workers and customers by either including in E3 Productivity Support zone or as an Additional Permitted Use for this site. Recommends potentially limiting their capacity using a maximum gross floor area provision to minimise impact on commercial centres. 

 

Recommends medical centres and health services facilities be specifically listed as permitted with consent as currently permissible under SEPP (Industry and Employment) 2021.

Amending the E3 Productivity Support zone to include a restaurant or cafe as permissible with consent (or via Schedule 1 Additional Permitted Uses) would result in a change outside of the scope of the ‘direct translation’ approach, as a restaurant or café is not currently permissible within the B5 Business Development zone. This is also the case for medical centres and health services facilities.

 

When Council undertakes its comprehensive review of the new employment zones, changes to landuse permissibility outside of the direct translation approach will be considered, including the role of local provisions to help limit any potential future impacts of zoning decisions or changes to landuse permissibility.

 

Proposed amendments

 

Following Council’s endorsement of the proposed land use tables and preliminary translation of Penrith LEP 2010 into the new employment zones framework in March 2022, Council officers identified an error relating to the translation of the B6 Enterprise Corridor zone into the new E3 Productivity Support zone.

 

DPE nominates that the E3 Productivity Support zone is a consolidation of the existing B5 Business Development, B6 Enterprise Corridor and B7 Business Park zones, however these existing zones have different approaches to the permissibility of a restaurant or café and therefore the translation to the new E3 Productivity Support zone is not straightforward.

 

A restaurant or café is prohibited within the existing B5 Business Development zone, however is permissible within the B6 Enterprise Corridor and B7 Business Park zone. Therefore, in adopting the ‘direct translation’ approach, it was proposed to prohibit a restaurant or café in the new E3 Productivity Support zone, but allow through Schedule 1 – Additional Permitted Uses, a restaurant or café to be permissible for those precincts currently zoned B6 Enterprise Corridor and B7 Business Park. It is not considered appropriate to permit a restaurant or café on land currently zoned B5 Business Development given the potential for these uses being located away from Penrith’s main centres, resulting in out-of-centre development and activities which may dilute or affect the role and function of Penrith’s higher order centres such as Penrith City Centre and St Marys Town Centre where these uses are encouraged.

 

There are nine precincts within the Penrith LGA that are currently zoned B6 Enterprise Corridor being:

1.   Richmond Road / Boomerang Place / Star Circuit, Cambridge Gardens;

2.   The Northern Road / Aspen Street, South Penrith;

3.   156 Victoria Road, Werrington (Colonial Hotel);

4.   Great Western Highway / Water Street / Gipps Street, Werrington;

5.   Great Western Highway / Gipps Street / Reserve Road, Werrington;

6.   Great Western Highway / Pages Road / Neale Street, St Marys;

7.   Mamre Road / Wilson Street / Ainsbury Road, St Marys;

8.   Mamre Road / Banks Drive, St Clair; and

9.   Great Western Highway / Hewitt Street, Colyton (Colyton Hotel).

 

A map identifying these precincts is provided in Attachment 3.

 

To reinstate the permissibility of a restaurant or cafe for these precincts above, the following amendments are required:

·    Amend Schedule 1 – Additional Permitted Uses to identify a restaurant or café as permissible with consent within the nine precincts identified in Attachment 3; and

·    Amend the Additional Permitted Uses map to identify the lots listed above.

 

No changes are required to land currently zoned B7 Business Park as the permissibility for a restaurant or cafe is already reflected correctly in the preliminary translation. 

 

Next steps

 

Should Council endorse the final translation tonight, the translation will be submitted to DPE to be gazetted. Changes to the Standard Instrument LEP removing existing Business and Industrial zones will occur on 1 December 2022, therefore the new employment zones will be translated into LEPs either before or on this date through a self-repealing SEPP amendment, that will amend all principal LEPs in NSW. When that occurs, Council officers will prepare communications to advise key local business groups alerting them to the changes.

 

Following gazettal, Council officers will embark on a comprehensive review of the new Employment Zones framework, given the time constraints in being able to do that under the timeframes provided by DPE in completing the Employment Zones Reform. It is anticipated that this review will take approximately 6-8 months prior to the preparation of a Planning Proposal for Council’s consideration. Councillors will be briefed on the comprehensive review as it progresses.

 

Financial Implications

 

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

Risk Implications

Amendments to the Standard Instrument LEP repealing existing Business and Industrial zones are to occur on 1 December 2022. Therefore, the new employment zones will be translated into LEPs either before or on this date. Given this timeframe, should Council resolve to defer or not endorse the final translation of the Penrith LEP 2010, DPE may decide to implement the preliminary translation as exhibited. This would result in the one amendment proposed for the existing B6 Enterprise Corridor zone to be omitted, which is not desirable as this would result in the loss of a restaurant or café as a permissible use for relevant properties.

 

Conclusion

 

The Employment Zones Reform project has been initiated and managed by DPE, with elements of the reform beginning in 2021 with the exhibition of a new Employment Zones Framework for Standard Instrument LEP that will replace existing Business and Industrial zones with new Employment zones.

 

Council resolved to endorse a preliminary translation of Penrith LEP 2010 in March 2022, which was submitted to DPE and then placed on public exhibition between May and July 2022. Following the DPE-managed exhibition, Council received 12 submissions which are outlined in this report. It is not proposed to make any changes to the preliminary translation as a result of the submissions, however one change is proposed to the existing B6 Enterprise Corridor zone as a result of an error. This proposed change remains consistent with Council’s ‘direct translation’ approach.

 

RECOMMENDATION

That:

1.     The information contained in the report on Employment Zones Reform - Endorsement of final translation of Penrith Local Environmental Plan 2010 be received

2.     Council endorses the preliminary translation of Penrith Local Environmental Plan 2010 as the final translation as provided in Attachment 1, in addition to the amendment outlined in this report permitting a restaurant or café for existing land zoned B6 Enterprise Corridor via an amendment to Schedule 1 – Additional Permitted Uses

3.     The translation of Penrith Local Environmental Plan 2010, as amended, be submitted to the Department of Planning and Environment for finalisation and gazettal

 

 

 

ATTACHMENTS/APPENDICES

1.

Preliminary translation - Penrith LEP 2010

59 Pages

Attachments Included

2.

Summary of submissions

5 Pages

Attachments Included

3.

Existing B6 Enterprise Corridor precincts

1 Page

Attachments Included

  


Ordinary Meeting                                                                                        26 September 2022

 

 

 

4

Planning Proposal to amend Penrith Local Environmental Plan 2010 - 170 Russell Street, Emu Plains   

 

Compiled by:               Joel Carson, Senior 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

Provide advice and maintain a contemporary planning framework of land use and statutory plans

 

Previous Items:           Update on Development Activity and Planning Proposals - Councillor Briefing - 15 Aug 2022

                                      Planning Proposal – 1-4 Old Bathurst Road, Emu Plains - Ordinary Meeting - 25 Oct 2021   

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

 

Applicant:          Bernard Le Boursicot c/o Urbanco

Land:                  170 Russell Street, Emu Plains (Lot 1 DP 1273251)

Land Owner:      Bernard J Le Boursicot & Linna Le Boursicot

 

Executive Summary

The purpose of this report is to present to Councillors a Planning Proposal for 170 Russell Street, Emu Plains and to seek Council’s endorsement that the Planning Proposal proceed through the Department of Planning and Environment’s (DPE) Gateway process for undertaking Local Environmental Plan (LEP) amendments.

 

On 24 June 2021, a Planning Proposal was lodged by Bernard Le Boursicot c/o Urbanco, seeking changes to Penrith Local Environmental Plan 2010 (LEP 2010) in respect to the land known as 170 Russell Street, Emu Plains, being the subject site. It is noted that this land and adjacent land to the north have previously been known as 1-4 Old Bathurst Road, Emu Plains.

 

The intent of the proposed amendments is to extend the existing industrial zoning on the western portion of the site across the eastern portion of the subject site also, thereby providing for a single, consistent zoning across all of the subject lot, and in a more regular-shaped, usable lot.

 

Following extensive assessment and amendments, the Planning Proposal proposes to apply an E4 General Industrial zoning (formerly being zones IN1 General Industrial and IN2 Light Industrial) across the subject site, nominate additional permitted uses to apply to the site, apply a height control, minimum lot size control, scenic and landscape value designation, apply additional local provisions to the site, and remove the “Deferred Matter” designation from the eastern part of the site. The removal of the “Deferred Matter” designation allows the entire site to be governed by Penrith LEP 2010.

 

The Planning Proposal outlines that recently more detailed flood modelling of the local Emu Plains catchment has been released to inform the consideration of land use outcomes on the eastern portion of the subject site. To enable this, the proponent seeks to import fill to the eastern portion of the subject land, utilising fill located on Lot 2 immediately to the north of the subject land. Therefore, the rezoning is premised on filling being undertaken to the subject site.

 

In this regard, the Planning Proposal seeks to apply local LEP provisions to the site to link the rezoning to the proposed filling strategy and flood impact assessment supporting the Planning Proposal. Draft Development Control Plan (DCP) provisions are also proposed to address potential land uses conflicts, traffic access to the site, and adherence to the filling strategy.

 

The Planning Proposal in its original form was presented to the Local Planning Panel at its meeting of 22 December 2021 to obtain advice. In its original form, the Planning Proposal sought to extend the existing IN2 Light Industrial zoning on the western portion of the site across the eastern portion also, as well as extend the existing building height (12m) control and the 6,000sqm lot size control also to the eastern portion, whilst also seeking to remove the “Deferred Matter” designation from the eastern portion. No local provisions were proposed to tie the rezoning to the undertaking of filling of the land, nor were any DCP amendments proposed to address issues such as land use conflict or traffic access.

 

The Local Planning Panel did not provide support to the Planning Proposal as it was of the view the proposal had no strategic or site-specific merit. In respect to the Local Planning Panel’s advice, Council officers are of the view that the Planning Proposal is consistent with the direction of the Western City District Plan, Council’s Local Strategic Planning Statement and recently adopted Employment Lands Strategy and therefore demonstrates strategic merit in providing employment zoned land for smaller lots. In relation to matters around the flood behaviour and fill, this can be addressed through planning controls. The preparation of a suitable stormwater strategy for the site is still outstanding, however Council officers are satisfied that this will be resolved throughout the Gateway process and prior to public exhibition occurring.

 

The Planning Proposal if endorsed by Council, will then proceed through the DPE Gateway process for LEP amendments which requires the issuing of a Gateway Determination to enable public exhibition. Council endorsement is also sought to prepare a draft DCP amendment in accordance with changes outlined in this report prior to a future exhibition, and this will be exhibited concurrently with the Planning Proposal.

 

Background

On 24 June 2021, Planning Proposal PP-2021-4118 was lodged with Penrith City Council via the DPE Planning Portal by Bernard Le Boursicot c/o Urbanco. A copy of the Planning Proposal has been provided to Councillors as an enclosure to this report.

 

The Planning Proposal seeks changes to Penrith LEP 2010 in respect to the land known as 170 Russell Street, Emu Plains (Lot 1 DP 1273251). It is noted that this land and adjacent land to the north have previously been known as 1-4 Old Bathurst Road, Emu Plains. Attachment 1 provides a site location map and the current planning controls which apply to the site.

 

The subject site is divided into its western and eastern portions. The western portion is governed by Penrith LEP 2010 and zoned IN2 Light Industrial. The eastern portion is governed by Interim Development Order 93 (IDO 93), under which the site is zoned Rural 1(d) (Future Urban). During the preparation of Penrith LEP 2010, Council resolved not to determine a zoning for the eastern portion of the site, as it was located below the flood planning level, and that this land be deferred for future consideration upon completion of additional flooding analysis which would determine the flood planning level for the property as a whole. At that time the western portion of the subject site was determined to be zoned IN2 Light Industrial, as this portion of the lot was above the flood planning level.

 

The Planning Proposal in its original form was presented to the Local Planning Panel at its meeting of 22 December 2021 to obtain advice. In its original form, the Planning Proposal sought to extend the existing IN2 Light Industrial zoning on the western portion of the site across the eastern portion also, as well as extend the existing building height (12m) control and the 6,000sqm lot size control also to the eastern portion, whilst also seeking to remove the “Deferred Matter” designation from the eastern portion. No local provisions were proposed to tie the rezoning to the undertaking of filling of the land, nor were any DCP amendments proposed to address issues such as land use conflict or traffic access.

 

An indicative development layout is provided in the traffic assessment supporting the application, envisaging an industrial development consisting of 6 separate buildings, landscaping and car parking.

 

The land use outcome intended for the site is not for intensive industrial uses, but rather to deliver less-intensive land uses currently permitted in IN2 zones, which would reduce the potential for land use conflict within the site and also between the site and its surrounds. This would be managed through LEP and DCP controls specific to this site that would minimise impacts to adjoining residential areas.

 

Local Planning Panel advice

 

Section 2.19 of the Environmental Planning & Assessment Act 1979 specifies that a function of a Local Planning Panel constituted by Penrith City Council is to advise the council on any planning proposal that has been prepared or is to be prepared by the council under section 3.33 and that is referred to the panel by the council. It is noted that the Panel does not perform a decision-making function in respect to Planning Proposals but provides advice only, for consideration.

 

Accordingly, the Planning Proposal in its original form was presented to the Local Planning Panel at its meeting of 22 December 2021 to obtain advice. The Panel’s advice is provided at Attachment 2 and has been considered by Council officers.

 

The Local Planning Panel considered that the Planning Proposal does not have strategic or site-specific merit, and therefore should not proceed through the Gateway process.

 

The majority of the Panel noted that the Planning Proposal does not have strategic merit due to impacts on the flood plain, flooding and stormwater management. Concern was raised that the filling of the land to achieve ground levels above the flood limit suitable for construction of buildings will result in loss of flood storage capacity. Therefore, the cumulative impact of filling below the flood limit has adverse strategic impacts.

 

The applicant was provided a copy of the Panel’s advice and was provided the opportunity to respond to the matters of objection raised. It is noted that, in respect to the Local Planning Panel’s advice, Council officers are of the view that the Planning Proposal is consistent with the direction of the Western City District Plan, Council’s Local Strategic Planning Statement and recently adopted Employment Lands Strategy and therefore demonstrates strategic merit in providing employment zoned land for smaller lots. In relation to matters around the flood behaviour and fill, this can be addressed through planning controls.

 

Council officer responses to each of the Panel’s objections are presented in the table below.

 

Local Planning Panel point of objection

Council officer comment

The Planning Proposal does not have strategic merit due to impacts on the flood plain, flooding and stormwater management. Concern was raised that the filling of the land to achieve ground levels above the flood limit suitable for construction of buildings will result in loss of flood storage capacity. Therefore, the cumulative impact of filling below the flood limit has adverse strategic impacts.

The proposed filling strategy does not result in the loss of flood storage capacity. The proposal seeks to move fill from Lot 2 to Lot 1 (the subject site), resulting in no net change to flood storage capacity on the floodplain.

 

To address the Panel’s concern, the Planning Proposal has been amended to propose an LEP 2010 Part 7 additional local provision which requires adherence to the endorsed flood impact assessment and filling strategy prepared in support of the Planning Proposal, given that the proposed rezoning is premised on filling being undertaken to the site. The flood impact assessment presents the performance of the site during flood events and is supported by Council officers.

 

 

The Planning Proposal does not have site-specific merit due to:

-      The need to import fill to raise the level of the land would have flood impacts on adjoining land

The Planning Proposal does not have site-specific merit due to:

-      The potential impacts on the stormwater performance of Lapstone Creek

 

The Planning Proposal does not have site-specific merit due to:

-      Potential adverse traffic impacts on Old Bathurst Road and the operation of the local traffic network

The traffic study supporting the Planning Proposal presents a detailed traffic analysis to identify traffic impacts from the intensification in development potential of the site. The analysis identifies no adverse impacts on the traffic network. Council officers do not raise objection with the analysis presented.

 

The Planning Proposal does not have site-specific merit due to:

-      Potential adverse visual impacts caused by raising the level of the land that will increase the height of future buildings on the site

The land to be rezoned is currently deferred from Penrith LEP 2010.

 

There is currently no building height limit specified for the land zoned Rural 1(d) (Future Urban) under Penrith IDO 93.

 

The proposal will introduce maximum building heights identical to the surrounding land, ensuring consistency in the scale of buildings.

 

Ground levels along Old Bathurst Road and Russell Street frontages generally remain unchanged. As such, there is no visual impact to the height of buildings.

 

The Planning Proposal does not have site-specific merit due to:

-      The impact of development on important fauna and flora located on the site

Council officers do not raise objection to the Planning Proposal however any future development application will need to identify the biodiversity values of the site and assess the impacts in respect to the relevant legislation. At a minimum, the development application will need to be supported by a Flora and Fauna Assessment and will need to address whether the proposed development will trigger the Biodiversity Offset Scheme and if it does, a Biodiversity Development Assessment Report will need to be prepared and submitted to Council for review.

 

The Planning Proposal does not have site-specific merit due to:

-      The impact of development on the outlook from the floodplain towards the escarpment will adversely affect landscape and scenic qualities

The proposal will introduce maximum building heights identical to the surrounding land, ensuring consistency in the scale of buildings.

 

Any future development application for the site is required to have regard to the provisions of Clause 7.5 of Penrith LEP 2010 and Chapter C1 – Site Planning and Design Principles of Penrith DCP 2014 in respect to scenic and landscape values and in minimising likely visual impact as a result of new development.

 

 

The Planning Proposal

 

The changes sought to Penrith LEP 2010 in the original June 2021 application have been altered in response to Council officer assessment of the application and negotiation undertaken with the applicant.

 

The table below presents the final agreed changes sought to LEP 2010 by the Planning Proposal to the subject site. A detailed discussion of the planning considerations made to inform the formulation of the proposed LEP and DCP amendments is presented later in the report.

 

LEP provision

Proposal change

Explanation

Land Zoning Map

 

 

Apply an E4 General Industrial zone to the entire subject site.

 

The "Deferred Matter" designation on the eastern portion of the site will be removed.

The E4 zone reflects the proposed new zonings under the DPE Employment Zone Reforms. Current IN2 Light Industrial and IN1 General Industrial zones will be translated to an E4 General Industrial zone as part of the new Employment Zones framework.

 

The removal of the “Deferred Matter” designation from the eastern portion of the subject site enables this land to be governed by Penrith LEP 2010 and be zoned E4 General Industrial.

Land Use Table

The LEP Land Use Table for E4 zones will be introduced. Refer to Attachment 3 for the full E4 General Industrial zone land use table.

 

The E4 zone land use table encompasses mostly the same permissible land uses that are currently allowed by the IN1 General Industrial zone of Penrith LEP 2010.

The Land Use Table for the E4 General Industrial zone was endorsed by Council for public exhibition by DPE at its 28 March 2022 meeting as part of Council’s consideration of the proposed DPE Employment Zone Reforms.

Additional Permitted Uses Map

Add the entire subject site to the APU map, and add an identifier notation on the site, being “36”.

At its 28 March 2022 meeting, Council endorsed to apply APU provisions to the western portion of the subject site as part of Council’s consideration of the proposed DPE Employment Zone Reforms. The Planning Proposal seeks to also apply those same provisions to the eastern portion of the site, to enable any existing uses to remain permissible as a result of the translation.

Schedule 1 (Additional Permitted Uses)

Introduce provisions which enable certain additional permitted uses at the subject site, reflecting land uses currently permitted in IN2 Light Industrial zones. Proposed provision:

 

Sub-clause 36: Use of certain land at 170 Russell Street Emu Plains (Lot 1 DP1273251)

 

1.   This clause applies to land at 170 Russell Street, Emu Plains, being Lot 1, DP1273251, that is identified as "36" on the Additional Permitted Uses Map.

 

2.   Development for the purposes of amusement centres, centre-based child care facilities, community facilities, crematoria, educational establishments, electricity generating works, function centres, hotel or motel accommodation, medical centres, recreation facilities (indoor), resource recovery facilities, respite day care centres, service stations, vehicle sales or hire premises, veterinary hospitals and waste or resource transfer stations is permitted with development consent.

The additional land uses enabled on the subject land reflect the permissible land uses currently permitted in IN2 Light Industrial zones of LEP 2010. IN2 Light Industrial zones will no longer exist under the DPE Employment Zone Reforms, and therefore it is important to enable certain land uses that are currently permitted in IN2 zones to continue to be permitted at the subject site.

 

The additional permitted uses for the western portion of the subject site were endorsed by Council for public exhibition by DPE at its 28 March 2022 meeting as part of Council’s consideration of the proposed DPE Employment Zone Reforms.

Height of Buildings Map

The existing provision for maximum building height (12m) on the western portion of the land would be applied to the eastern portion of the land also.

The change would deliver a single, uniform height control across the entire subject site.

Lot Size Map

A minimum lot size control of 1,000sqm will be applied across the entire site, instead of the current 6,000sqm that applies to the IN2 zone.

The change would deliver a single, uniform lot size control across the entire subject site.

 

The 1,000sqm lot size allows for subdivision of the site to deliver smaller lots consistent with Council’s Employment Lands Strategy, and the potential delivery of less intensive industrial land uses and create less land use conflict within and away from the site.

Land Application Map

 

The "Deferred Matter" designation on the eastern portion of the site will be removed.

The removal of the “Deferred Matter” designation from the eastern portion of the subject site enables this land to be governed by LEP 2010.

 

Scenic and Landscape Values Map

The existing designation of “Land with scenic and landscape values” on the western portion of the land would be applied to the eastern portion of the land also.

The change would deliver a single, uniform “Land with scenic and landscape values” control across the entire subject site.

 

Part 7 (Additional local provisions)

In Part 7 (Additional local provisions), a provision is to be introduced to apply to the subject site, to link the flood impact assessment and filling strategy to the proposed rezoning. Proposed provision:

 

Sub-clause 7.31: “Development on land at 170 Russell Street, Emu Plains (Lot 1 DP 1273251)”

 

Prior to the erection of any buildings on the site, flood mitigation and filling works consistent with the endorsed flood impact assessment report and filling strategy, which support Planning Proposal PP-2021-4118, are to be completed to Council's satisfaction.

This provision reflects the fact that the rezoning is premised on filling being undertaken to the subject site.

 

This provision also addresses some of the concerns raised by the Local Planning Panel.

 

Attachment 4 presents the proposed LEP maps of the subject site.

 

Draft Development Control Plan

 

Changes are sought to Penrith DCP 2014 to complement the changes sought by the Planning Proposal. The changes consist of:

 

·    Aligning the mapped areas for scenic and landscape values and the Emu Plains industrial area with the similar changes sought in the LEP amendments

 

·    Apply specific provisions to the subject site to:

Protect the nearby residential area from amenity impacts as a result of traffic movements generated by development on the subject site, or more intensive industrial development types.

Restrict driveway access to specified points to improve traffic safety and efficiency.

Require the construction of kerb and gutter through development of the site.

Ensure that filling of the land is to be completed in accordance the endorsed flood impact assessment report and the endorsed filling strategy.

 

The proposed draft DCP amendments may be found at Attachment 5.

 

Prior to a future exhibition of the Planning Proposal, the proponent is required to prepare a draft DCP amendment that reflects the changes presented at Attachment 5, as well as incorporate any other changes which may be identified as being required during the preparation process. The draft DCP is then required to be exhibited concurrently with the Planning Proposal.

 

Planning considerations

 

Proposed industrial zone and land use conflict

 

The subject site contains existing IN2 Light Industrial-zoned land on its western portion and is opposite land zoned IN1 General Industry in the Emu Plains industrial precinct to the south. The subject site is situated in a location where it presents as a “buffer” between residential areas in the west, intensive industrial areas in the south, and rural-zoned lands to the north and east.

 

The Planning Proposal originally sought to extend the existing IN2 zoning across the entire subject site, with the intention to enable development of the subject site for light industrial purposes with low impacts on surrounds. This original zoning proposed was considered reasonable at that time, as the site would deliver less intensive industrial development located between the three surrounding and competing land use zones.

 

Council endorsed its Employment Lands Strategy in October 2021. The original Planning Proposal’s intent to extend the IN2 zoning across the site is consistent with Action 9 of the Employment Lands Strategy: to consider zoning for more light industry for low impact businesses near centres and as a buffer between residential and industrial areas.

 

DPE’s Employment Zone Reforms translates the IN1 General Industrial zone and the IN2 Light Industrial zone into a single consolidated zone known as “E4 General Industrial”, which permits more intensive industrial land uses. In response to these reforms the Planning Proposal has been revised to propose an E4 General Industrial zoning across the entire subject site, instead of the IN2 Light Industrial zone.

The challenge is that the E4 General Industrial zoning permits intensive industrial land uses. Therefore, to address any potential land use conflict, the proposal includes additional LEP and DCP controls as outlined below:

·    Introduce LEP additional permitted use provisions to enable land uses in IN2 zones to be permissible at the subject site;

·    Apply a smaller minimum lot size LEP control to the subject site to deliver less intensive industrial development;

·    Apply a DCP control to the subject site to limit driveway access for heavy and rigid vehicles to/from Russell Street; and

·    Apply a DCP controls to require the positioning of larger industrial lots along the Old Bathurst Road frontage instead of at Russell Street.

 

 

Justification for the loss of rural-zoned land

 

Council’s Local Strategic Planning Statement (LSPS), that was endorsed in March 2020, sets out a rural edge for the LGA. The rural edge is the boundary between the rural and urban lands of the LGA and is based on the boundary of the Metropolitan Rural Area identified in the Greater Sydney Region Plan - A Metropolis of Three Cities, and the Western City District Plan.

 

In April and May 2022, Council exhibited a draft Rural Lands Strategy which confirmed a rural edge boundary for Penrith LGA. The subject site is not located within the rural lands defined by the Region Plan, District Plan, LSPS or draft Rural Lands Strategy. Therefore, the proposed removal of rural-zoned land as sought in this Planning Proposal is justified and consistent with this draft strategy.

 

Flood impact assessment and proposed filling strategy

 

Shortly after lodgement of the Planning Proposal, initial consultation with DPE was undertaken in respect to its requirements around flood planning associated with the subject site. DPE provided written advice (received 5 August 2021) which requested for the developer to prepare information and responses to Section 9.1 Planning Direction 4.3 (Flooding). This was provided and now forms part of the package of information submitted in support of the Planning Proposal for consideration.

 

The subject site is affected by flooding from the Nepean River as well as local overland flows. In general, up to 5% Annual Exceedance Probability (AEP) flows are contained within the adjacent channel. However, during the 1% AEP event about one quarter of the subject site (north-east corner) would be flooded to varying depths of between 200mm and 400mm. During a larger flood event such as the Probable Maximum Flood (PMF) the entire site would be under several metres of water. The 1% AEP flooding of the site is identified as low hydraulic hazard areas as the depth of flood is shallow and also the flood velocities are relatively slow.

 

The proponent seeks to utilise existing mounds of fill material located on an adjacent lot to the north (Lot 2 DP 1273251) of the subject site and relocate this fill to the subject site, with the purpose to raise the subject site above the 1% AEP level. This “Cut and Fill” method is not proposing to fill the site with imported fill from outside the floodplain and is an approach agreed by Council officers.

 

The Planning Proposal and supporting technical documents note that, as part of a future Development Application process, the stockpile on the site will be tested and, if found to be unsuitable for filling purposes, then the stockpile will need to be removed from the site to an approved waste management facility.

 

The Planning Proposal proposes an LEP local provision which applies to the subject site that requires that all elements required to be undertaken to the subject site by the endorsed flood impact assessment report and the endorsed filling strategy will need to be undertaken before development consent is issued for any buildings on the site. This is because the proposed rezoning is premised on the filling being undertaken.

 

A direction of the Western City District Plan in respect to flooding in the Hawkesbury-Nepean Valley is that a principle to be applied in local strategic planning and development decisions is to avoid alterations to flood storage capacity of the floodplain and flood behaviour through filling and excavation (‘cut and fill’) or other earthworks.

 

The proposed filling strategy does not result in the loss of flood storage capacity. The proposal seeks to move fill from Lot 2 to Lot 1 (the subject site), resulting in no net change to flood storage capacity on the floodplain. The Planning Proposal proposes a Part 7 additional local provision to Penrith LEP 2010 which requires adherence to the endorsed flood impact assessment and filling strategy prepared in support of the Planning Proposal, given that the proposed rezoning is premised on filling being undertaken to the site. Therefore, the Planning Proposal is consistent with the direction of the Western City District Plan.

 

 

Stormwater strategy

 

The Stormwater Strategy is to be revised and is required prior to public exhibition to demonstrate how the site will drain for various flood events. The Stormwater Strategy is to demonstrate how the site will drain in the 1% and 5% AEP flood events from the Nepean River. Council officers have identified that the Concept Drainage Plan that forms Appendix A to the Concept Stormwater Strategy (June 2022) shows the outlet pipe from the subject site as being fully submerged in a 1% AEP flood event and as such stormwater discharge from the site will be compromised. Details have not been provided for the smaller flood event of a 5% AEP flood which is the normal capacity of a piped trunk drainage system.

 

Once resolved, the revised information prepared as a result of this process will be included as part of the material used in the public exhibition of the Planning Proposal.

 

Amendment to Interim Development Order 93

 

The Planning Proposal seeks to remove the “deferred matter” designation from the subject site via an amendment to the Land Application Map, thereby applying LEP 2010 completely to the subject site and removing the governance of IDO 93.

 

Clause 1.8(2) of LEP 2010 prescribes that all local environmental plans and deemed environmental planning instruments applying to the land to which LEP 2010 applies cease to apply to the land to which LEP 2010 applies. In this respect, IDO 93 will cease to apply to the subject site upon the application of LEP 2010 through the LEP amendments sought by this Planning Proposal.

 

It is recommended that investigation during exhibition is made by Council officers in regard to whether any amendment is required to IDO 93 as a result of any changes sought by the Planning Proposal. Should an amendment be required, Council is to amend IDO 93 through the relevant legislative requirements separate to this process.

 

Financial Implications

There are no financial implications relating to this report.

Risk Implications

There are no risk implications relating to this report.

Next steps

Should the Planning Proposal be endorsed by Council to proceed through the DPE Gateway process for LEP amendments, the Planning Proposal will be 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.

 

The Minister for Planning or delegate will then issue a Gateway Determination that will resolve whether the Planning Proposal may proceed through the Gateway process to a public exhibition. The Gateway Determination may include conditions requiring that certain tasks are undertaken prior to commencement of a public exhibition and may identify the State agencies to be consulted.

 

Prior to the public exhibition occurring, the proponent is to prepare a draft DCP amendment that reflects the changes identified in this report, as well as any other changes identified during preparation of the draft DCP. The draft DCP will then be publicly exhibited concurrently with the Planning Proposal.

 

Prior to exhibition occurring, the unresolved element of stormwater management as identified in this report, is to be addressed and resolved by Council officers and the proponent. Once resolved, the revised information prepared as a result of this process will be included as part of the material used in the public exhibition of the Planning Proposal.

 

The public exhibition of the Planning Proposal, draft DCP and supporting information will then be undertaken in accordance with the requirements of the Gateway Determination.

 

Following completion of the public exhibition, a report will be made to Council for consideration to endorse the Planning Proposal and finalise the LEP and DCP amendments.

 

Conclusion

 

Council is in receipt of a Planning Proposal which seeks changes to Penrith LEP 2010 in respect to the land known as 170 Russell Street, Emu Plains. Changes are also sought to Penrith DCP 2014 to complement the changes sought to the LEP.

 

The changes sought to Penrith LEP 2010 and Penrith DCP 2014 are considered reasonable and are supported. It is recommended that the Planning Proposal is endorsed to proceed through the Gateway process for LEP amendments.

 

RECOMMENDATION

That:

1.     The information contained in the report on Planning Proposal to amend Penrith Local Environmental Plan 2010 - 170 Russell Street, Emu Plains be received.

2.     Council endorses the Planning Proposal (provided under separate cover) to proceed through the Department of Planning and Environment’s Gateway process for Local Environmental Plan amendments.

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

4.     A draft Development Control Plan amendment is to be prepared to reflect the proposed changes that are presented in this report, and that the draft Development Control Plan amendment is publicly exhibited concurrently with the Planning Proposal.

5.     The General Manager be granted delegation to make any necessary minor changes to the Planning Proposal referred to in resolution 2.

 

 

ATTACHMENTS/APPENDICES

1.

Site location map and current planning controls

5 Pages

Attachments Included

2.

Local Planning Panel

1 Page

Attachments Included

3.

E4 General Industrial zone land use table

1 Page

Attachments Included

4.

Proposed LEP 2010 maps

6 Pages

Attachments Included

5.

Draft DCP amendments

2 Pages

Attachments Included

  


Ordinary Meeting                                                                                        26 September 2022

 

 

 

5

Voluntary Planning Agreement for 57 Henry Street, Penrith   

 

Compiled by:               Kathryn Sprang, Senior 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, facilities and infrastructure meet the needs of a growing population through the contributions framework

 

Previous Items:           57 Henry Street, Penrith Planning Proposal and VPA offer - Ordinary Meeting - 25 Oct 2021

                                      57 Henry Street, Penrith Planning Proposal and VPA offer - Ordinary Meeting - 22 Mar 2021

                                      Planning Proposal to amend Penrith Local Environmental Plan 2010 - 57 Henry Street, Penrith - Policy Review Committee - 14 May 2018

                                      Planning Proposal 57 Henry Street, Penrith and VPA offer - Councillor Briefing - 15 Mar 2021     

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

 

 

Proponent: Trio Property Group on behalf of By The Park Pty Ltd

Land Owner: By The Park Pty Ltd

 

Executive Summary

This report seeks Council’s endorsement to notify a draft Voluntary Planning Agreement (VPA) for 57 Henry Street, Penrith. The draft VPA proposes to deliver road widening and infrastructure upgrade works associated with the gazetted Planning Proposal for the subject site.

Council at its Ordinary Meeting of 25 October 2021 endorsed the Planning Proposal for 57 Henry Street Penrith for gazettal. Council also resolved to prepare a draft VPA to support the Planning Proposal, based on a draft Letter of Offer provided by the proponent.

Council considered the Planning Proposal and draft Letter of Offer at the Policy Review Committee Meeting on 14 May 2018 and were briefed on the matter at the Councillor Briefing on 15 March 202. The matter was reported to Council’s Ordinary Meetings of 22 March 2021 and 25 October 2021. Memorandums on this matter were provided to Councillors on 22 September 2021 and 13 January 2022.

The Planning proposal was gazetted on 22 December 2021 with a ‘sunrise’ clause. The effect of this clause was to delay the commencement of the LEP amendments to provide time for Council and the proponent to negotiate a VPA for the delivery of road widening and upgrade works to the intersection of Henry & Evan Streets, Penrith. These works support the change in Planning Controls for the subject site.

The Planning Proposal amendments will commence on 31 December 2022. It is critical that the VPA is finalised prior to this date, to secure suitable supporting infrastructure. Where this is not achieved, Council will work with the Department of Planning & Environment (DPE) to extend the date of the sunrise clause, however, there is a risk that DPE may not agree to an extension.

Should Council endorse the draft VPA for public exhibition, it will be exhibited in accordance with the Environmental Planning and Assessment Regulation 2021 and Penrith Developer Infrastructure Agreements Policy.

Background

At its Policy Review Committee of 14 May 2018, Council endorsed a Planning Proposal for 57 Henry Street, Penrith which sought the following changes to Penrith Local Environmental Plan 2010 (LEP 2010):

·    The land was identified as a Key Site.

·    Amendment of Clause 8.7 (Community infrastructure on certain key sites), sub-clause (4), to allow a Floor Space Ratio (FSR) of 6:5:1, if community infrastructure is provided in accordance with the requirements of the Clause and Councils Policy.

·    Allow for additional permitted uses (residential flat buildings and shop top housing) to occur on the land, with a minimum floor space ratio of 0.75:1 for non-residential uses.

A Gateway determination was issued on 26 October 2018, enabling public exhibition and agency consultation for the Planning Proposal, subject to certain Gateway conditions being addressed.

The proponent submitted a Letter of Offer for the delivery of traffic improvements to support the Planning Proposal. The Letter of Offer was informed by the proponent’s traffic analysis, in order to address traffic impacts as a result of the development.

The Planning Proposal and Letter of Offer were reported to Council on 22 March 2021 for endorsement. Council resolved to defer the endorsement of the Planning Proposal and Letter of Offer until further information was sought.

Council received correspondence from the Deputy Secretary of DPE, requesting Council report the Planning Proposal for 57 Henry Street, Penrith, to its October 2021 meeting, with a recommendation that it be finalised. At this time, the VPA was not resolved, with complex issues regarding the design and delivery of intersection upgrades remaining outstanding. DPE advised that should Council resolve to endorse the Planning Proposal, the LEP could be made with a ‘sunrise’ date, to enable the resolution of the VPA prior to the amendment coming into force.

Council at its Ordinary Meeting of 25 October 2021 resolved to endorse the Planning Proposal and to prepare a draft VPA for Council’s consideration.

The LEP Amendment for 57 Henry Street Penrith was gazetted on 22 December 2021, however, the amendment does not come into force until 31 December 2022. There is also a sunset clause specifying that where development consent is not granted for the additional permitted land uses on the subject site by 31 December 2027, then these land uses will no longer be permitted.

Current Situation

The Letter of Offer to enter into a VPA seeks to deliver traffic improvements to support the Planning Proposal. Council Officers have worked closely with the proponent and key stakeholders to address complex matters regarding intersection design and mitigating impacts on the local heritage item. The Letter of Offer has been amended over the course of the assessment to reflect ongoing discussions and agreed designed measures. A draft VPA has been prepared to reflect the updated Letter of Offer. A copy of the Letter of Offer and Draft VPA are provided in Attachments 1 & 2.

Works proposed to be delivered through VPA

The following road and infrastructure upgrades are proposed in the draft VPA:

·    Delivery of a slip lane within the site frontage to Henry Street to the west of the intersection with Evan Street including the relocation of power poles, services, kerb and gutter, stormwater inlets pipes and pits, and the construction of a new footpath.

 

·    General intersection works on the north-western and north-eastern portions of the intersection of Henry Street and Evan Street within the site and road reserve as shown in the concept plans.

 

·    Dedication of the land within the site to accommodate the slip lane and intersection works as shown on the concept plans.

 

Concept designs for the proposed road and infrastructure upgrades are provided in Attachment 1.

Assessment of Offer

The Letter of Offer and resulting Draft VPA provide public benefits by securing road infrastructure. Road and infrastructure upgrades are necessary to mitigate potential traffic and intersection impacts generated by future development on the subject site.

The Letter of Offer and Draft VPA has been reviewed in accordance with the Penrith Developer Infrastructure Agreements Policy. The matter has been considered by Council’s Local Infrastructure Contributions Working Group at its meeting of 30 August 2022.

Amended Letter of Offer

An amended Letter of Offer was submitted by the proponent to respond to matters raised during the assessment of the matter. The updated Letter of Offer is provided in  Attachment 2. Key changes to the offer are listed below:

·    Amended concept plans that are reflective of the continued assessment and which are supported by Council Officers and Transport for NSW (TfNSW).

·    Removal of the proposed dedication of the SP2 Infrastructure zoned land fronting North Street. The SP2 zoned land is to facilitate road widening to North Street which is a classified road under TfNSW care and ownership and not a Council matter.

·    Exclusion of development contributions offsets under Section 7.11 or section 7.12, as the road upgrades are considered necessary to support the development that will result from the LEP amendment.

·    Removal of any reference to the offer being subject to a specific yield being reached in a subsequent Development Application.

·    Removal of reference to a monetary contribution being given to Council in lieu of any roadworks, if TfNSW declines to approve or delays approvals for the works.

·    Removal of any specified monetary value to be paid to Council for the preparation of the draft VPA.

Intersection Upgrade
The proposed design for the intersection upgrades has been reviewed by Council officers and Transport for NSW (TfNSW) as it involves works to an intersection with traffic signals. Council’s development engineers resolved to provide their in-principle support when the proponent provided a 3.5m wide footpath, suitable locations for relocated services and dedication of land for a public road.

TfNSW endorsement of the design was provided on 16 August 2022, noting that TfNSW reserved the right to raise additional comments during the review of designs at the Development Application stage.

Heritage

The subject site contains a local Heritage item, Penrith Infants Department, listed as Item 177 in Schedule 5 of Penrith LEP 2010. The item fronts Henry Street and the current nominated heritage curtilage extends to the lot boundaries of the site.

The proposal was referred to Council’s Heritage Advisory Committee of 13 April 2021. The Committee raised concerns that the proposed intersection upgrade resulted in the road being too close to the heritage item.  Council’s heritage advisor requested that a Conservation Management Plan (CMP) should be lodged to determine what is an appropriate setback/curtilage around the item, rather than the design of the intersection determining the setbacks/curtilage.

Since the LEP amendment was made, the proponent has submitted a CMP with curtilage being a matter of review. The CMP notes that the need to construct a slip lane (and associated infrastructure) is a constraint on the site which may result in encroachment to the identified curtilage of the item. The CMP has been reviewed by Council’s heritage advisor. The justification provided in the CMP to justify the reduced curtilage was not supported by Council’s heritage advisor.

Council officers have considered Council’s heritage advisor’s comments. The proponent has produced an intersection design that is supported by Councils engineers and TfNSW. The proposed works are the minimum length for a slip lane and supporting infrastructure feasible to support the development resulting from the LEP amendment, while still retaining the heritage building. This has resulted in a 200mm setback from the heritage building to the proposed footpath.

While this outcome is not ideal in respect to maintaining the heritage item’s curtilage, it is supportable on balance, in order to deliver an improved traffic outcome while still retaining the heritage building. Council officers recommend that the reduction to the south-eastern corner of the heritage site’s curtilage is supported in this instance.

It is anticipated that the CMP and draft VPA will be reported to the Heritage Advisory Committee at the new committee’s first meeting.

Legal Services Review

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 proposed VPA offer encompasses the delivery of road improvements by the proponent to support a future development application.

The landowner will be responsible for the cost of the works associated with the VPA. The landowner agrees to pay the Council’s costs in relation to the preparation, notification and administration of the VPA.

If the proponent can only deliver the interim road works there are mechanisms within the draft VPA that secure a monetary contribution for the ultimate roadworks, the estimated cost of delivering the remaining roadworks would be determined by a quantity surveyor and agreed by Council.

The Letter of Offer and planning agreement does not have the effect of excluding the application of Section 7.11, 7.12 or 7.24 of the Environmental Planning and Assessment Act 1979 in relation to any development application associated with the planning proposal.

Risk Implications

There is a potential risk that if a VPA is not executed by 31 December 2022 and the LEP amendment takes effect, there would be no mechanism to ensure that the road upgrades are delivered. To mitigate this risk Council Officers are endeavouring to undertake public notification and execution of the VPA, prior to 31 December 2022.

If Council does not resolve to endorse the draft VPA or it is determined that the VPA will not be executed before the ‘sunrise’ date, Council Officers will inform DPE, to ensure that the LEP amendment does not commence without the supporting infrastructure secured.

Any other risks to Council have been limited through the negotiation of the Letter of Offer and the draft VPA in accordance with Council’s Penrith Development Infrastructure Agreements Policy and a review of the draft VPA by Council’s Legal Services team.

Next Steps

Should Council endorse the revised letter of offer and the draft VPA, it will be placed on public notification, in accordance with the Environmental Planning and Assessment Regulation 2000 and Penrith Developer Infrastructure Agreements Policy.  Notification will include publishing the revised letter of offer and draft VPA on Council’s Your Say page and the Department of Planning and Environment (DPE) Planning Portal, along with a newspaper advertisement in the Western Weekender.

Following the notification period, if any submissions are received in response a further report will be prepared for Council. This report will provide details of submissions received and seek the endorsement of the execution of the draft VPA, where any issues raised have been addressed.

Additionally, it is intended that the Heritage Advisory Committee is briefed and consulted regarding the proposed CMP, at their next meeting. It is intended that a further report be prepared for Council, after the public notification period, if the Heritage Advisory Committee raise significant comments for consideration.

Conclusion

The proponent of the Planning Proposal relating to 57 Henry Street, Penrith site has submitted a Draft VPA in support of the Planning Proposal. The VPA relates to the delivery of traffic improvements to be undertaken by the proponent at the Evan Street / Henry Street intersection. Council officers consider the draft VPA acceptable and seek Council resolution to proceed to publicly notify the proposal.

RECOMMENDATION

That:

1.     The information contained in the report on Voluntary Planning Agreement for 57 Henry Street, Penrith be received.

2.     Council endorse for notification, the draft Voluntary Planning Agreement for 57 Henry Street Penrith, provided as an attachment to this report.

3.     A further report be prepared for Council following the notification of the draft VPA, if submissions are received and amendments to the draft VPA are proposed.

4.     A further report be prepared for Council following the notification of the draft VPA, if the Heritage Advisory Committee raise significant comments for consideration.

5.     Council endorses the Voluntary Planning Agreement for 57 Henry Street Penrith for execution, where no submissions are received during the notification and no amendments are proposed.

6.     If the Voluntary Planning Agreement is to be executed, Council authorise the General Manager to finalise and sign the Voluntary Planning Agreement and make any minor amendments where necessary to ensure its legality (e.g. typographic errors, dates, etc.).

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

 

 

ATTACHMENTS/APPENDICES

1.

Draft Voluntary Planning Agreement - 57 Henry Street, Penrith

45 Pages

Attachments Included

2.

Amended Letter of Offer - 57 Henry Street, Penrith

14 Pages

Attachments Included

 

 

 

 

 


Ordinary Meeting                                                                                        26 September 2022

 

 

 

6

Voluntary Planning Agreement 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, facilities 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

                                      Voluntary Planning Agreement offer by Altis Frasers for the Yards Estate 657-769 Mamre Road, Kemps Creek - Ordinary Meeting - 25 Jul 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 the draft Voluntary Planning Agreement (VPA) between Council and Altis Frasers JV Pty Ltd ATF ARET Frasers Project and The Trust Company (Australia) Ltd for 657-769 Mamre Road, Kemps Creek.

The draft VPA secures the payment of a monetary contribution of $9,600,000 payable to Council to be used for provision of new trees, shrubs and ground cover to areas reserved for open space, and the construction of bike and pedestrian tracks for use by the local community, and provision of outdoor exercise equipment, picnic areas, and rest areas. The value of the monetary contribution is equivalent to charges that would otherwise be applied if the Mamre Road Precinct Development Contributions Plan 2022 (CP) applied to the land.

The draft VPA was reported to Council at the Ordinary Meeting of 25 July 2022. At this meeting Council endorsed the draft VPA to be placed on public notification. Council also resolved for a further report to Council be prepared following the notification of the VPA, to provide details of the submissions received and should no significant issues be raised in submissions received, seek Council’s endorsement of the VPA.

The draft VPA was placed on public notification, in accordance with the Environmental Planning and Assessment Regulation 2000 and Penrith Developer Infrastructure Agreements Policy. The notification period commenced on Thursday 4 August 2022 and concluded on Thursday 1 September 2022. No submission was received during the notification period.

As no submission was received, this report recommends Council endorse the draft VPA for 657-769 Mamre Road, Kemps Creek and the draft VPA be executed by the General Manager.

 

Background

The draft VPA has been prepared in connection with the proposed development of 657-769 Mamre Road, Kemps Creek under State Significant Development Applications SSD 25725029 and SSD9522.

The draft VPA secures the payment of a monetary contribution of $9,600,000 payable to Council to be used for provision of new trees, shrubs and ground cover to areas reserved for open space, and the construction of bike and pedestrian tracks for use by the local community, and provision of outdoor exercise equipment, picnic areas, and rest areas.

The value of the monetary contribution is equivalent to charges that would otherwise be applied if the CP applied to the land.

The draft VPA was reported to Council at the Ordinary Council Meeting of 25 July 2022. At that meeting, Council endorsed the draft VPA to be place on public notification. Council also resolved for a further report to Council be prepared following the notification of the VPA, to provide details on any submissions received and should no significant issues be raised in submissions received, seek Council’s endorsement of the VPA.

Current Situation

The draft VPA was placed on public notification, in accordance with the Environmental Planning and Assessment Regulation 2000 and Penrith Developer Infrastructure Agreements Policy.

The notification period commenced on Thursday 4 August 2022 and concluded on Thursday 1 September 2022. Newspaper Advertisements were placed in the Western Weekender on Thursday 4 August, Thursday 11 August, Thursday 18 August and Thursday 25 August, as well being placed on the public notices section of Council’s Website. The draft VPA and Explanatory Statement were available for view on Council’s “Have your say page” and the Department of Planning and Environment’s Planning Portal.

No submissions were received during the notification period.

Financial Implications

 

The 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 as a Construction Certificate will not be issued until the required monetary contributions has been paid. The VPA will also need to be registered on title.

Conclusion

As no submissions were received, it is recommended Council endorse the VPA for 657-769 Mamre Road, Kemps Creek and the VPA be executed by the General Manager.

 

RECOMMENDATION

That:

1.     The information contained in the report on Voluntary Planning Agreement 657-769 Mamre Road Kemps Creek be received

2.     Council endorse the draft Voluntary Planning Agreement for 657-769 Mamre Road Kemps Creek

3.     The General Manager execute the draft Voluntary Planning Agreement for 657-769 Mamre Road Kemps Creek.

 

 

ATTACHMENTS/APPENDICES

1.

Voluntary Planning Agreement 657-769 Mamre Road Kemps Creek

20 Pages

Attachments Included

  


Ordinary Meeting                                                                                        26 September 2022

 

 

 

7

Endorsement of Rural Lands Strategy   

 

Compiled by:               Paula Tomkins, Executive Planner

Authorised by:            Renata Ferreira, City Design Lead

Carlie Ryan, City Strategy 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 our strategic framework and vision are contemporary and informs our land use planning and advocacy

 

Previous Items:           Draft Rural Lands Strategy- Councillor Briefing - 14 Mar 2022

                                      Public Exhibition of the draft Rural Lands Strategy - Ordinary Meeting - 28 Mar 2022

                                      Outcomes of public exhibition of draft Rural Lands Strategy - Councillor Briefing - 11 Jul 2022

                                      Endorsement of Rural Lands Strategy - Ordinary Meeting - 22 Aug 2022      

 

Executive Summary

The purpose of this report is to seek Council endorsement of the Rural Lands Strategy provided under separate enclosure (Enclosure 1).

The Rural Lands Strategy was reported to the 22 August 2022 Ordinary Meeting for endorsement. Council resolved that consideration of the Rural Lands Strategy ‘be deferred until a review of issues has been carried out and the issues have been addressed, with this information being firstly presented to a Councillor Briefing’.

As per the resolution of the 22 August 2022 Ordinary Meeting, a report was tabled at the 19 September 2022 Councillor Briefing responding to issues raised.

The Rural Lands Strategy provides a strategic approach to managing the environmental, economic and social values of Penrith City’s rural lands over a 20-year period. This report seeks endorsement of the Rural Lands Strategy.

A draft Rural Lands Strategy and its supporting technical documents were placed on public exhibition from 5 April to 17 May 2022. Community members and key stakeholders were given an opportunity to provide comment. As part of the public exhibition, 218 responses from various channels were received. Council staff have collated the feedback from the community, government agencies and organisations, provided responses to key issues, and revised the Rural Lands Strategy accordingly, as outlined in this report and supporting Community Engagement Report provided under separate enclosure (Enclosure 2).

The Rural Lands Strategy forms one component of the Places of Penrith strategic planning framework, which will establish the vision and directions for the Penrith Local Government Area (LGA). Other components of Places of Penrith, the Employment Lands Strategy and Green Grid Strategy, were adopted in 2021. A further component, the Local Housing Strategy, will also be considered for endorsement at this Ordinary Meeting. The draft Local Housing Strategy and draft Rural Lands Strategy have been prepared and exhibited concurrently as they have a complementary relationship aimed at establishing a boundary between residential and rural areas to protect and enhance the role of rural areas.

Council’s Local Strategic Planning Statement (LSPS), adopted by Council in March 2020, prioritises the definition and protection of the values and opportunities within the Metropolitan Rural Area and includes an immediate action to complete the Rural Lands Strategy and supporting technical studies (Action 17.1).

Councillors were briefed in relation to the development of the Rural Lands Strategy on 14 March 2022. Councillors were also briefed earlier on the progress of the broader Places of Penrith work on 20 September 2021. At the 28 March 2022 Ordinary Meeting, Council endorsed the public exhibition of the draft Rural Lands Strategy. Councillors were briefed on the outcomes of the public exhibition period on 11 July 2022.

A revised Rural Lands Strategy has been prepared addressing issues raised during the public exhibition period and is provided under separate enclosure (Enclosure 1). There are no changes to the three supporting technical documents which are also provided under separate enclosure (Enclosures 3, 4 and 5). It is recommended that Council endorse the Rural Lands Strategy and finalise the supporting technical documents.

On 16 September 2022, Council staff received correspondence from Friends of Fernhill and Mulgoa Valley Inc. in relation to the Rural Lands Strategy. The correspondence relates to trucking businesses and sheds in the Mulgoa Valley and is in addition to the formal submission received from the group during the public exhibition of the draft Rural Lands Strategy. The correspondence received on 16 September 2022 provides further information to the submission already received during the public exhibition period and responded to in the Community Engagement Report (Enclosure 2). A response will be prepared for Friends of Fernhill and Mulgoa Valley Inc in relation to the further detail provided on these issues and provided to Councillors under separate cover. 

Background

The Greater Sydney Region Plan recognises the importance of protecting and enhancing the environmental, social and economic values in rural areas. It also identifies and maps the Metropolitan Rural Area (MRA), a large part of which lies in the Penrith LGA and states that retaining the values and integrity of the MRA are of critical importance. The Western City District Plan builds on this by prioritising the better management of rural areas and protecting and enhancing scenic and cultural landscapes. In addition, the Western City District Plan includes two actions relating to rural lands – the first to maintain or enhance the values of the MRA using place-based planning and the second to limit urban development to within the urban area and identified urban investigation areas.

 

Council’s Local Strategic Planning Statement (LSPS), adopted by Council in March 2020, recognises the importance of our rural lands identifying planning priority 17 to define and protect the values and opportunities within the MRA and includes an immediate action to complete the Rural Lands Strategy and supporting technical studies (Action 17.1).

 

An earlier draft Rural Lands and Villages Strategy was exhibited with the draft LSPS in late 2019, however was not finalised at that time on account of work being undertaken by the State government with direct implications for Penrith’s rural lands including the precinct plans for the Western Sydney Aerotropolis, route finalisation and station locations for Sydney Metro Western Sydney Airport and the development of the Cumberland Plain Conservation Plan.

 

The Places of Penrith strategic planning framework comprises five City-wide strategies that will establish a vision and directions for our Local Government Area (LGA). In 2021, Council adopted the Employment Lands Strategy and Green Grid Strategy. Development of the fifth component, the Corridors and Centres Strategy, is continuing.

Councillors have had dealings with the development of the Rural Lands Strategy on a number of occasions as set out below:

·    20 September 2021: Councillor briefing providing an update on the Places of Penrith Strategy Framework.

·    14 March 2022: Councillor briefing on the draft Rural Lands Strategy prepared for public exhibition.

·    28 March 2022: Ordinary Meeting in which the draft Strategy was endorsed for public exhibition.

·    11 July 2022: Councillor briefing outlining the outcomes of public exhibition of the draft Rural Lands Strategy.

·    19 September 2022: Councillor briefing report responding to issues raised at the 22 August 2022 Ordinary Meeting.

Current Situation

Public exhibition of the draft Rural Lands Strategy and its three supporting technical studies ran from 5 April to 17 May 2022. The exhibition period was initially scheduled to end on 10 May 2022, but was extended by a week to allow for further community consultation following a Councillor request for provision of an additional drop-in session at Berkshire Park. The following sections outline the engagement activities undertaken, feedback received, key issues raised in feedback and changes to the Rural Lands Strategy as a result. Further details can be found in the Community Engagement Report provided under separate enclosure (Enclosure 2).

Community Engagement Activities

A series of face to face and online engagement activities were undertaken to obtain community and stakeholder feedback. Council staff attended three Village Café sessions at Kingswood, North St Marys and Llandilo in April 2022. Three further drop-in sessions were held at Mulgoa, Penrith and Berkshire Park during April and May 2022. Online engagement activities were available, including a survey and webinar. The Strategy was advertised through a number of mediums including in the Mayoral Column of the Western Weekender newspaper and Council’s social media channels.

The Rural Lands Strategy had a dedicated webpage on Council’s Your Say platform that provided opportunities to download the draft Rural Lands Strategy, complete an online survey, read responses to Frequently Asked Questions, and watch a webinar about the draft Strategy.

Key stakeholders including government agencies, industry and community groups were notified directly of the exhibition and invited to make submissions.

Feedback Received

The public exhibition activities attracted 218 responses across various channels including:

·    53 formal written letter or email submissions

·    54 hardcopy feedback forms completed at drop-in sessions

·    111 online surveys completed

More than half of all responses (58%) were received from ‘local residents across rural lands in the Penrith LGA’, with a broad representation of the community in terms of age and gender; and included people with a disability, Aboriginal and Torres Strait Islander people, and people from culturally and linguistically diverse backgrounds.

1. Formal Submissions

Formal submissions came from four State Government agencies, four community groups, two industry groups or other organisations, and 43 private individuals or landowners. Feedback from the formal submissions followed several broad themes:

·    Concerns about defining a hard ‘rural edge’ precluding consideration of future development opportunities

·    Stakeholder nomination of sites for rezoning (residential, commercial, industrial, agribusiness uses)

·    Support for subdivision to create smaller ‘rural residential’ lots

·    The need to meet the future housing needs of an ageing rural population in rural villages

·    Stakeholder concerns about sites designated as ‘highly visually sensitive landscape’ and ‘scenic and cultural landscape’

·    Concerns about the impact of certain business activities on rural character and amenity (‘big shed’ developments and heavy vehicles)

·    Concerns about the impact of development on the natural environment and biodiversity

·    The importance of local knowledge and community involvement in planning and decision making (opportunity for Council to collaborate with the community to implement the Strategy)

·    The need for better communication and engagement with the rural community

·    Inconsistencies in the draft Strategy relating to the green grid connections shown for the Rural South West Precinct or the ecological mapping differing from that presented in other State government documents.

2. Online surveys and feedback forms

Both the hardcopy feedback forms and online surveys asked respondents to select their ‘level of agreement or disagreement with the five priorities and outcomes for Penrith City’s rural lands provided in draft Rural Lands Strategy’. Overall, respondents indicated their level of agreement with the priorities put forward by the Strategy as follows:

·    Priority 5: Provide housing and services to meet the needs of the community (100 respondents or 61% agreed)

·    Priority 3: Preserve open spaces, natural beauty and cultural connections (83 respondents or 50% agreed)

·    Priority 4: Support a diverse rural community (83 respondents or 50% agreed)

·    Priority 2: Protect ecological health and biodiversity (74 respondents or 45% agreed)

·    Priority 1: Secure the rural edge (63 respondents or 38% agreed)

The online survey and hardcopy feedback forms also provided respondents with an opportunity to provide additional comments in their own words. These freeform comments were grouped into broad themes and the most common emerging themes were:

·    Support for further subdivision and/or rezoning for urban development, either generally or in a specific location

·    Concerns about the impact of heavy vehicle movements on rural character and amenity

·    Concerns about the impact of development on the natural environment and biodiversity

·    The importance of preserving cultural heritage in our rural areas

·    Concerns about the condition and adequacy of infrastructure and services in rural areas

·    The need for better communication and engagement with the rural community.

 

In addition to the above themes, we also heard from a number of respondents in relation to miscellaneous ‘rural lands’ issues that are not directly related to the draft Strategy, such as maintenance of local roads, footpaths and drainage infrastructure, and general concerns about community safety and Council rates.

Response to Community Feedback and Amendments to the Strategy

All the comments, suggestions and issues raised during the public exhibition have been considered and are addressed in the Community Engagement Report provided under separate enclosure (Enclosure 2). Of all the feedback, six key issues emerged:

·    Development potential of Penrith rural lands versus securing the Metropolitan Rural Area;

·    Balancing competing interests (rural character and amenity concerns);

·    Meeting the needs of the rural community, including housing for an ageing population;

·    Management of biodiversity and protection of the natural environment;

·    Management of scenic and cultural landscapes and highly visually sensitive landscapes; and

·    Adequacy of communication and engagement with the rural community.

Based on the feedback received and the themes that emerged from the community consultation, it is clear that there are different views within the community in relation to the future for Penrith City’s rural lands. While there are some community members who would like our rural lands and their values preserved and protected, there are others who see potential for further development and would like to explore opportunities for subdivision to allow more rural residential development and/or rezoning for urban development.

Overall, it is encouraging that most of the feedback was either supportive or aligned with the key priorities put forward by the draft Strategy, with the exception of specific feedback and comments on Priority 1 – Secure the rural edge from a select group of respondents. Whilst we acknowledge the opportunities and concerns raised by submitters in this regard, these matters were considered in the broader strategic context of other endorsed policy documents relating to our rural lands (including the Western City District Plan and Penrith LSPS – defining the MRA for our City) and supporting technical studies to the Rural Lands Strategy which, on balance, provide evidence supporting this priority. It is also worth noting that the draft Local Housing Strategy, exhibited alongside the draft Rural Lands Strategy, demonstrates that housing demand in our LGA up to 2036 can be accommodated in existing urban areas and within urban investigation areas, thereby providing further justification to secure the rural edge.

Overall, the existing position of the draft Rural Lands Strategy that urban development is not supported in the rural areas and the rural edge mapped in the document is proposed to be retained in the final Strategy for the following reasons:

·    The significant areas of land with environmental significance that would come under additional pressure with urban development;

·    The importance of the agricultural industries that operate here and the need to support their ongoing viability, in part by providing adequate separation to reduce land use conflicts;

·    Lack of access to reticulated sewer and limited ability to expand the existing reticulated water network;

·    Flooding impacts experienced both from the local South Creek catchment and backwater flooding from the Hawkesbury – Nepean River and the limited evacuation capacity of the existing road network;

·    To meet the required actions of the Western City District Plan. The District Plan includes two actions relating to rural lands – the first to maintain or enhance the values of the Metropolitan Rural Area using place-based planning and the second to limit urban development to within the urban area and identified urban investigation areas; and

·    The Local Housing Strategy shows that sufficient housing for the projected population of Penrith City can be accommodated in the existing urban areas and identified urban release areas elsewhere in the LGA.

With such divergent views expressed in the feedback received, the Rural Lands Strategy is not able to accommodate all suggestions. Irrespective, all comments, suggestions and issues raised during the public exhibition have been considered and are addressed in the Community Engagement Report provided under separate enclosure (Enclosure 2).

In response to the community and stakeholder feedback, the Rural Lands Strategy has been updated to incorporate the following amendments:

·    Addition of reference to Risk-based Framework for Considering Waterway Health Outcomes in Strategic Land Use Planning Decisions.

Following a suggestion of the NSW Environment Protection Agency reference to this NSW Government document has been included in the Rural Lands Strategy as part of Outcome 2.2 Waterways are Maintained or Improved.

 

·    Amendments to text to clarify small businesses that are acceptable in the rural lands and highlight the need to balance competing lifestyle/environmental interests.

Feedback received raised concern that the small businesses the draft Rural Lands Strategy was seeking to facilitate would negatively impact on the environmental and scenic values of the rural lands. Particular concerns were raised in relation to movement of heavy vehicles and proliferation of large sheds. The Rural Lands Strategy does not propose to change existing permissible land uses relating to small businesses. The text of Outcome 4.3 Small Businesses Permitted in Rural Lands are Supported and Encouraged in the Rural Lands Strategy has been amended to provide further clarity on the small businesses permitted in rural lands.

 

Whilst the Rural Lands Strategy does not change existing permissibility of land uses, the action in the Rural Lands Strategy has been amended in response to concerns relating to the impacts of truck parking and storage. The amended action seeks to potentially tighten existing exempt development controls. The action also seeks to ensure that the DCP builds on the existing exempt development requirements and provides more detail, considering site specific issues where truck parking and storage is prevalent e.g. Berkshire Park. Any additions to controls in the DCP would be subject to further community engagement.

 

·    Review of text regarding Mulgoa Road to include further detail relating to Council’s aspirations/vision for this State road.

Several submissions outlined the need for Mulgoa Road to retain its rural character into the future and suggested further detail be provided in the Rural Lands Strategy. Mulgoa Road is a state road managed by Transport for NSW. Irrespective, further detail has been included for the Rural South West Precinct in the Rural Lands Strategy outlining Council’s future vision for Mulgoa Road, reflecting the Penrith Development Control Plan 2014 and recent comments provided through a submission to the NSW Government on the Fernhill Estate Landscape Management Plan.

 

·    Clarification that future uses on Deerubbin LALC land will be subject to the assessment of the Penrith Structure Plan by the NSW government.

Some submitters were concerned that the draft Rural Lands Strategy stated that Council supported the Penrith Structure Plan developed by Deerubbin LALC. The Rural Lands Strategy has been updated to make it clear that Council is not a party to the agreement between the NSW Government and Deerubbin LALC and that the outcome of this process will enable Council to respond to the structure plan in future.

 

·    Investigation of additional rural views suggested for the Mulgoa Valley and inclusion where appropriate.

Additional rural views within the Mulgoa Valley were highlighted in submissions that were not identified in Figure 14: Important Rural Vistas. Outcome 3.3 Important Rural Vistas are Maintained has been updated to clarify that the important rural vistas referred to are regional views. Figure 14: Important Rural Vistas has been updated to include a number of additional views. 

 

·    Inclusion of reference to the existence of extensive agriculture, including grazing.

Submitters were concerned that the importance of grazing in Penrith City’s rural lands was not recognised in the draft Rural Lands Strategy. While this information is available in the supporting technical document Draft Penrith Rural Economy and Agribusiness Opportunities Study (Part 1), reference to the presence of extensive agriculture, including grazing, has been included in Outcome 4.1 Land Suitable for Agriculture is Identified and Protected in the Rural Lands Strategy. No changes are proposed to the existing permissibility of extensive agriculture (including grazing) in the Penrith LEP.

 

·    Correction of green grid connections shown in the Rural South West Precinct map (Figure 19).

Figure 19 Rural South West Precinct in the draft Rural Lands Strategy incorrectly showed the green grid connections in the south of this precinct, around Park Road. Figure 19 has been amended to correctly reflect the endorsed Green Grid Strategy.

 

·    Deletion of text suggesting the need to enhance vegetation along Castlereagh Road to screen quarry activities.

A submission and subsequent investigations by Council staff highlighted the fact that quarrying activities are not visible from Castlereagh Road, therefore this text has been deleted.

 

·    Inclusion of reference to ‘community’ as one of the key groups that Council will collaborate with to implement the Strategy.

A number of submissions suggested that Council should collaborate further with the community. Section 4.2 Implementation Plan of the Rural Lands Strategy has been amended to include reference to the community as one of the key groups that Council will collaborate with to implement the Strategy. This better reflects the intention to further collaborate with the community and is consistent with Council’s adopted Community Engagement Strategy and Community Participation Plan (that is consistent with the International Association for Public Participation (IAP2) spectrum for stakeholder participation in decision making).

 

·    Inclusion of action to manage one hectare lots in Llandilo.

There are one hectare lots in Llandilo that, under the requirements of the Penrith Local Environmental Plan 2010, require consolidation to meet the minimum 2 hectare requirement to construct a dwelling. While this requirement has been in place for many years, it seems that not all relevant landowners and local real estate agents are aware of them. While no submissions were received from affected landowners,  the Rural Lands Strategy has been updated to include an action for Council to engage with landowners and real estate agents to educate them on the consolidation requirements.

Several other minor amendments have been made to the final Rural Lands Strategy such as removal of reference to it being draft, minor corrections and corrections to the legend for Figure 14.

Clarification on Issues Raised by Councillors

At the 22 August 2022 Ordinary Meeting Councillors resolved to defer reconsideration of the Rural Lands Strategyuntil a review of issues has been carried out and the issues have been addressed, with this information being firstly presented to a Councillor Briefing’.

The Rural Lands Strategy was subsequently presented at a Councillor Briefing on the 19 September 2022. In response to the issues raised, further information is provided as follows:

Concern that the Rural Lands Strategy will change permissibility of truck parking and storage

 

The Rural Lands Strategy does not propose to change existing permissibility of truck parking and storage. Currently Schedule 2 Exempt Development of the Penrith Local Environmental Plan 2010 (Penrith LEP) sets out the requirements for truck parking and storage that could be considered exempt development in rural and some conservation zones. This includes a requirement for a maximum of 2 trucks per property. The Rural Lands Strategy does not propose to change the existing maximum of 2 trucks per lot set out in Schedule 2 Exempt development in the Penrith LEP.

 

Submissions received during public exhibition raised concerns relating to the amenity impacts of truck parking and storage.  In response to these concerns, the action in the Rural Lands Strategy was amended to address concerns raised and provide an opportunity for Council to tighten controls to better manage this land use in the future. The action now reads as follows:

Review and update Local Environmental Plan and Development Control Plan controls to:

·    Ensure the exempt development provisions for smaller scale truck parking and storage operations are appropriately managing this land use;

·    Prepare site specific DCP guidelines for areas where truck parking and storage is prevalent.

 

It should be noted that any additions to the DCP will need to be considered through a future review of the DCP and will be subject to further engagement with the community at that time.

 

Clarification on how the Rural Lands Strategy manages grazing

 

The Rural Lands Strategy does not seek to change existing permissibility in relation to extensive agriculture (which includes grazing). Extensive agriculture is permitted without consent in the RU4 Primary Production Small Lots zone in the Penrith LEP. The definition of extensive agriculture in the Penrith LEP is:

(a)  the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,

(b)  the grazing of livestock (other than pigs and poultry) for commercial purposes on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the livestock,

(c)  bee keeping,

(d)  a dairy (pasture-based) where the animals generally feed by grazing on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the animals.

 

Many other uses are also permitted in the RU4 zone, but require development consent such as agriculture, agricultural produce industries, intensive plant agriculture, plant nurseries and rural supplies.

 

Clarification on how buffer zones will be implemented

 

The Rural Lands Strategy states the following in relation to buffers:

There is an opportunity to further consider the role of buffers to these protected natural areas to ensure they are not impacted negatively by adjoining rural land uses, particularly in the northern rural lands where primary production land uses are adjacent to protected areas. Further research is required to determine the best approach for Council in tackling this issue.

 

The Rural Lands Strategy also includes the following action:

Review and update planning controls within the Local Environmental Plan and Development Control Plan to:

•        Reflect the outcomes of the Biodiversity Study once completed;

•        Incorporate buffers within land adjoining natural areas; and

•        Support protection and connection of natural areas.

 

Further research is required in relation to how this action may be implemented. Any future proposed amendment to the LEP or DCP resulting from the action in the Rural Lands Strategy would require further community engagement and consideration and endorsement by Council.

 

Notification of Public Exhibition

A number of submissions made during public exhibition of the Rural Lands Strategy expressed disappointment and questioned the adequacy of Council’s engagement activities to effectively consult with the community on the draft Rural Lands Strategy.

Notification of public exhibition of the Rural Lands Strategy was given through a variety of channels as outlined in the Community Engagement Report (Enclosure 2):

·    Council’s Your Say Penrith website (and linked to from Council’s main website homepage)

·    Council’s social media pages (Facebook, LinkedIn and Instagram)

·    Direct email notification to relevant NSW Government agencies and stakeholder organisations

·    The Mayoral Column (8 April 2022) in the Western Weekender.

There were a variety of communication channels available to the community during the six-week public exhibition period for the draft Rural Lands Strategy, including:

·    six community drop-in sessions (12 hours overall),

·    an online survey on the Your Say Penrith website,

·    open-ended feedback forms at community drop-in sessions; and

·    formal submissions via email or post.

The consultation undertaken was in line with the Penrith Community Engagement Strategy and Community Participation Plan (PCES & CPP). The CPP, adopted by Council on 22 June 2020, was prepared to meet the requirements of the Environmental Planning & Assessment Act 1979 in relation to community engagement.

Many of the actions identified in the Rural Lands Strategy will involve separate engagement activities with the community e.g. amendments to the Local Environmental Plan and Development Control Plan. Any future engagement activities will also be undertaken in accordance with the Community Participation Plan.

Financial Implications

Should Council endorse the Rural Lands Strategy, there will be financial implications associated with its implementation over time. Implementation of the identified actions (which can be found in Appendix 1) in the Rural Lands Strategy will be funded through a combination of Council’s future Operational and Delivery Programs and grant funding opportunities, where necessary.

Risk Implications

The Rural Lands Strategy has been developed to align with the planning priorities in Council’s LSPS and respond to the Western City District Plan. Should the Rural Lands Strategy not be endorsed and finalised, this may compromise Council’s ability to meet commitments made to the community and the NSW Government.

The Rural Lands Strategy identifies priorities and outcomes for our rural lands and provides a robust Council wide framework for future implementation. This reduces risk by clearly identifying actions that will be pursued and facilitate alignment across Council.  

Conclusion

The Rural Lands Strategy is a key element of the Places of Penrith strategic framework. Importantly, the Rural Lands Strategy will provide a strategic approach to managing the environmental, economic and social values of our rural lands over the next 20 years.

Public exhibition of the draft Rural Lands Strategy and its three supporting technical studies was undertaken for six weeks from 5 April to 17 May 2022. A number of engagement activities were carried out during this time with a range of feedback being received. Following exhibition, Council staff have collated the feedback from the community, government agencies and organisations and provided responses to key issues as outlined in this report and supporting Community Engagement Report under separate enclosure (Enclosure 2).

An amended Rural Lands Strategy has been produced and is provided under separate enclosure (Enclosure 1). The three supporting technical documents have not been changed but are also separately enclosed (Enclosures 3, 4 and 5). It is recommended that Council endorse the Rural Lands Strategy and finalise the three supporting technical documents. This will allow the Rural Lands Strategy to be implemented across our City.

 

RECOMMENDATION

That:

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

2.     Council note the feedback received as part of the exhibition of the draft Rural Lands Strategy provided under separate enclosure

3.     Council endorse the amended Rural Lands Strategy and finalise the three supporting technical studies provided under separate enclosure

 

 

ATTACHMENTS/APPENDICES

1.

Summary of Actions - Rural Lands Strategy

4 Pages

Attachments Included

  


Ordinary Meeting                                                                                        26 September 2022

 

 

 

8

Letter of Offer - 61-79 Henry Street Penrith   

 

Compiled by:               Brooke Levingston, Senior 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

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

 

Previous Items:           Planning Proposal for 61-79 Henry Street, Penrith (Henry Lawson Centre) - Councillor Briefing - 04 May 2020

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

                                      Planning Proposal for 61-79 Henry Street Penrith to Gateway - Ordinary Meeting - 26 Jul 2021     

 

Landowner: Australian Foundation for Disability (AFFORD)

Proponent: Sutherland and Associates Consulting

 

Executive Summary

This report seeks Council’s endorsement to publicly exhibit a Letter of Offer to enter into a Voluntary Planning Agreement (VPA) associated with a Planning Proposal for 61-79 Henry Street, Penrith.

The Letter of Offer outlines the landowner’s intention to deliver affordable and accessible housing, public open space and road and infrastructure upgrades through a future VPA. The proposed works support a planning proposal which seeks to amend Penrith Local Environmental Plan (LEP) 2010 to allow residential accommodation as an Additional Permitted Use on the subject site.

Councillors were briefed on the Planning Proposal on 4 May 2020, 9 November 2020 and 17 May 2021. The planning proposal was also reported to Council at the Ordinary Meeting of 26 July 2021, seeking endorsement to forward the planning proposal to the Department of Planning and Environment (DPE) for a Gateway Determination. In addition, memorandums were provided to Councillors on 7 January 2020, 22 December 2020, 4 March 2022, 27 May 2022 and 27 July 2022 with respect to the Planning Proposal and VPA.

Should Council endorse the Letter of Offer for public exhibition, it will be exhibited concurrently with the Planning Proposal and in accordance with the Environmental Planning and Assessment Regulation 2021 and Penrith Developer Infrastructure Agreements Policy.

Following public exhibition, a draft VPA will be prepared to secure the outcomes of the Letter of Offer. A further report will be prepared for Council to seek endorsement of the draft VPA for public notification. This report will also provide details of any submissions received on the Letter of Offer.

 

Background

At its meeting of 26 July 2021, Council resolved to endorse a Planning Proposal which seeks to amend Schedule 1 Additional Permitted Uses of Penrith LEP to permit residential accommodation at 61-79 Henry Street, Penrith.

A Gateway Determination was issued by DPE on 21 September 2021 which required additional information and further work to be completed before the Planning Proposal could be publicly exhibited. The Gateway conditions required further information to be provided on types of affordable and diverse housing, community infrastructure benefits and mitigation of any traffic and intersection impacts resulting from the development. Council officers have been working with the proponent to obtain the information required to satisfy the Gateway conditions and progress the planning proposal.

The planning proposal identifies the need for social infrastructure and transport infrastructure to support future development on the subject site. However, the planning proposal does not provide any mechanism to secure these works. Accordingly, the landowner has offered to enter into a VPA with Council to facilitate the delivery of the supporting infrastructure.

Current Situation

A Letter of Offer to enter into a VPA has been submitted to Council which outlines the landowner’s intention to deliver a range of infrastructure works. The proposed works have been identified in the Planning Proposal and are necessary to support future development on the subject site. A copy of the Letter of Offer is provided in Appendix 1. The proposed infrastructure and key considerations are summarised below.

Housing

Diverse and affordable housing is proposed to be delivered on site in accordance with the following:

•        A minimum of 15% of total approved dwellings on the site to be provided as seniors housing or housing for people with a disability (as identified in Part 5 of State Environmental Planning Policy (Housing) 2021); and

•        A minimum of 5% of total approved dwellings on the site to be provided as affordable housing (as identified in Part 2 of State Environmental Planning Policy (Housing) 2021).

These dwellings will be provided as either seniors housing, housing for people with a disability or affordable housing for the lifespan of the development, which means they will not ‘time out’ after a certain number of years. The mechanism for securing these dwellings for the lifespan of the development will be determined in the draft VPA.

Public Open Space

Public open space is proposed on the site as a local park. The public open space will be at least 0.3 hectares in total area, however, is not required to be provided as an uninterrupted single area and may take the form of several smaller parks scattered across the site. The final design for the public open space will be determined as part of a future design competition for the proposed development.

The public open space will be publicly accessible, but privately owned and maintained. The public open space may be incorporated into the calculation of communal open space for residents of the proposed development, in addition to some communal open space being provided to residents of the development by way of rooftop or podium levels.

Road and Infrastructure Upgrades

The following road and infrastructure upgrades are proposed:

•        A new roundabout at the intersection of Lawson Street and Soper Place, providing entry/exit to the site; and

•        Road upgrades at the intersection of Lawson Street and Henry Street to help mitigate traffic.

Draft concept designs for the proposed road and infrastructure upgrades are provided at Appendix 1.

Assessment of Offer

Public benefit

The Letter of Offer provides public benefit by securing social infrastructure and road infrastructure.

Provision of diverse and affordable housing aligns with the objectives of the Penrith Local Housing Strategy to provide housing that supports residents with particular needs, having regard to adaptability, location, tenure and cost.

The proposed public open space achieves the requirement of the Penrith Sport and Recreation Strategy to deliver a public park within 200 metres of residential development. The public open space will be utilised by future residents of the development, as well as being accessible to the broader community.

The road and infrastructure upgrades are necessary to mitigate potential traffic and intersection impacts generated by future development on the subject site.

The Letter of Offer has been reviewed in accordance with the Penrith Developer Infrastructure Agreements Policy. The Letter of Offer was also considered by Council’s Local Infrastructure Contributions Working Group at its meeting on 26 April 2022 and 5 July 2022. 

Matters for further consideration

Two matters have been identified during the assessment of the Letter of Offer that require further consideration. These matters will be addressed during preparation of the draft VPA and should not prevent the Letter of Offer from progressing to public exhibition. These matters are outlined below.

Community Infrastructure – Clause 8.7 of Penrith LEP

The subject site is identified as a ‘Key Site’ under clause 8.7 of Penrith LEP, which enables development to exceed maximum building height or floor space ratio controls if community infrastructure is provided on site. The proponent is seeking to utilise clause 8.7 to achieve additional floor space.

The Letter of Offer indicates that the proposed public open space meets the community infrastructure requirement of clause 8.7 and no further community infrastructure will be required. While this open space may be considered to contribute to the site’s delivery of ‘community infrastructure’, the satisfaction of clause 8.7 cannot be guaranteed through a VPA. This is a matter to be determined by the consent authority during the assessment of the proposed development, having regard to the final design and size of the public open space.

This will be clarified further in the preparation of the draft VPA.

Termination of Planning Agreement

The Letter of Offer indicates that the VPA will contain a mechanism for termination of the VPA in circumstances where the Planning Proposal or proposed development is not approved on terms suitable to the landowner, is surrendered or lapses under the proposed sunset clause.

Conditions regarding termination, enforcement and resolution of disputes will be negotiated with the proponent during the preparation of the draft VPA. These conditions will also be reviewed by Council’s Legal Services team to ensure the terms are satisfactory to Council and consistent with the Penrith Developer Infrastructure Agreements Policy.

 

Financial Implications

The landowner will be responsible for the cost of the works associated with the VPA. The landowner agrees to pay the Council’s costs in relation to the preparation and notification of the VPA.

If the proposed road and infrastructure upgrades require substantive work on any land owned by Council (outside of the roads and road reserve) or any land owned by a private entity, the landowner is to take steps to acquire that land.

The Letter of Offer and any subsequent planning agreement does not have the effect of excluding the application of Section 7.11, 7.12 or 7.24 of the Environmental Planning and Assessment Act 1979 in relation to any development application associated with the planning proposal.

 

Risk Implications

Any risks to Council have been limited through the negotiation of the Letter of Offer in accordance with Council’s Penrith Development Infrastructure Agreements Policy and review of the draft Letter of Offer by Council’s Legal Services team.

 

Next Steps

Should Council endorse the Letter of Offer for public exhibition, it will be placed on exhibition concurrently with the Planning Proposal and in accordance with the Environmental Planning and Assessment Regulation 2021 and Penrith Developer Infrastructure Agreements Policy.

Following public exhibition, a draft VPA will be prepared to secure the outcomes of the Letter of Offer. Any matters in the Letter of Offer requiring further consideration will be addressed in the draft VPA to ensure the terms of the agreement are satisfactory to Council. A further report will be prepared for Council to seek endorsement of the draft VPA for public notification. This report will also provide details of any submissions received on the Letter of Offer and Planning Proposal.

It is noted that the Council resolution of 26 July 2021 does not require the Planning Proposal to be reported back to Council prior to public exhibition. However, the Planning Proposal would come back to Council after it is exhibited emphasising that it is not to be submitted to DPE for finalisation until the proposed infrastructure works provided in Appendix 1 have been secured in an executed VPA.

 

Conclusion

Council has received a Letter of Offer which outlines the landowner’s intention to deliver housing, public open space and road and infrastructure upgrades through a VPA. The proposed works are required to support a planning proposal for 61-79 Henry Street, Penrith. 

It is recommended that Council endorse the Letter of Offer to be placed on public exhibition.

 

RECOMMENDATION

That:

1.     The information contained in the report on Letter of Offer - 61-79 Henry Street Penrith be received.

2.     Council endorse for public exhibition the Letter of Offer for 61-79 Henry Street Penrith, provided in Appendix 1 of this report, in conjunction with the Planning Proposal for the subject site.

3.     Following exhibition of the Letter of Offer, a draft VPA be prepared and reported to Council for endorsement for public notification.

4.     The Planning Proposal for the subject site is not made until a draft VPA is executed in accordance with the terms of the Letter of Offer provided in Appendix 1.

 

 

ATTACHMENTS/APPENDICES

1.

Letter of Offer for 61-79 Henry Street, Penrith

6 Pages

Appendix

  


Ordinary Meeting                                                                                                      26 September 2022

Appendix 1 - Letter of Offer for 61-79 Henry Street, Penrith

 

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Ordinary Meeting                                                                                        26 September 2022

 

 

 

9

Heritage Advisory Committee - Community Representatives   

 

Compiled by:               Peter Wood, Development Services Manager

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

 

Outcome

We plan and shape our growing City

Strategy

Undertake strategic planning that will ensure balanced growth and liveability

Principal Activity

Guide sustainable quality development outcomes for the community through expert advice, transparent, efficient assessment, policy input and continuous improvement

      

 

Purpose

The purpose of this report is to seek Council’s endorsement and officially appoint to the Heritage Advisory Committee membership, community representatives for a four-year term.

Executive Summary

Council at its’ 30 May 2022 Ordinary Meeting adopted the minutes of the Heritage Advisory Committee meeting of 6 April 2022 which included that in accordance with the Heritage Advisory Committee Constitution, Council advertised for Heritage Advisory Committee membership in July 2022. Advertising for membership and review of nominations is now complete. Eight (8) nominated community representatives are now recommended to Council to endorse appointment to Council’s Heritage Advisory Committee.

Background

In accordance with the Heritage Advisory Committee Constitution, there is a need for Heritage Advisory Committee membership to be renewed. The new four (4) year Delivery Program commencing this financial year under Council’s Community Strategic Plan, provides an opportunity to align the four (4) year term of membership by committee members. The current Heritage Advisory Committee Constitution was adopted 9 September 2019 and is attached for reference. The Constitution includes that Heritage Advisory Committee members’ term shall be for four (4) years. It provides that Heritage Advisory Committee members shall cease to hold office at the expiration of this period; however, they will be eligible for re-appointment. Members shall not hold office for any longer than two terms, or eight (8) years.

 

The Constitution also includes that Council shall in the month of July every four (4) years place advertisements in appropriate media forms inviting nominations from people within the community for membership to the Heritage Advisory Committee. It is Council who shall select and appoint the community representatives to the Heritage Advisory Committee.

Council’s previous round of advertising for Heritage Advisory Committee membership is recorded back in 2014 (approximately eight (8) years ago). Recent updates and changes to current member status, availability and attendance has presented some inconsistencies with the terms and conditions specified by the Constitution.   As such July 2022 provided an opportunity for advertising for the membership term of 4 years in accordance with the Constitution and to align with Council’s 4-year Delivery Program.


 

Current Situation

 

Advertising for nominations for community members was undertaken in July with notices in the local press for two consecutive weeks, on Council’s Website and notification direct to existing committee members. In response, Council received a total of eight (8) nominations for community membership which co-incidentally is the maximum number of places available on the Committee for community members.

 

All nominations are outlined in the attachment and have been assessed by Council’s Development Services Manager, consulting Heritage Advisor and Assessment Planner who currently oversee Council’s Heritage Portfolio to meet the following eligibility criteria in the Heritage Advisory Committee Constitution:

 

i.        Demonstrated interest and knowledge of the heritage and history in Penrith

Local Government Area.

ii.       A willingness to commit time to be actively involved in the Heritage Advisory

Committee and to perform tasks related to committee business.

iii.      Resident; ratepayer; relevant professional (i.e. architect, town planner,

historian), or a strong proven association with or special interest in the Penrith

Local Government Area

 

Financial Implications

 

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

Risk Implications

Any risk implications are mitigated through the adopted constitution for the committee and Council’s code of conduct.

Conclusion

 

Of the eight (8) nominations, two (2) are from existing Community Members who, under the Constitution adopted in 2019, are eligible to continue for an initial four (4) year term only. The other six (6) nominations are from residents who would be new representatives. It is recommended that all eight (8) nominations as listed in the attachment be appointed as Community Representatives Members to Council’s Heritage Advisory Committee.

 

RECOMMENDATION

That:

1.     The information contained in the report on Heritage Advisory Committee - Community Representatives be received.

2.     The nominated Community Representatives as described in the report and listed in the Attachment be appointed to Council’s Heritage Advisory Committee for a term of four (4) years.

 

ATTACHMENTS/APPENDICES

1.

Heritage Advisory Constitution

3 Pages

Appendix

2.

Applicants and Comments for Heritage Advisory Committee recruitment

1 Page

Appendix

  


Ordinary Meeting                                                                                                      26 September 2022

Appendix 1 - Heritage Advisory Constitution

 

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Ordinary Meeting                                                                                                      26 September 2022

Appendix 2 - Applicants and Comments for Heritage Advisory Committee recruitment

 

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Outcome 4 - We manage and improve our built environment

 

Item                                                                                                                                       Page

 

10      Seek Endorsement for Public Exhibition of the Draft Penrith Accessible Trails Hierarchy Study Implementation Plan 2022 - 2032                                                                          71

 

11      Australian Government Black Spot Program and NSW Safer Roads Program 2023/24 Nominations and Funding Acceptance for 2022/23                                                        79

 

12      Adoption of Transport for NSW Panel Contract of Architectural Acoustic Treatment for At Home Noise Treatment works - Erskine Park Road Upgrade                                         84

 

13      RFT 22/23-04 Boronia Park Upgrade                                                                              87

 

14      RFT22/23-12 Ched Towns Landscaping                                                                         91

 

 

 

 

 

 

 



Ordinary Meeting                                                                                        26 September 2022

 

 

 

10

Seek Endorsement for Public Exhibition of the Draft Penrith Accessible Trails Hierarchy Study Implementation Plan 2022 - 2032   

 

Compiled by:               Wendy Read, Road Safety Officer

Authorised by:            Adam Wilkinson, Engineering Services Manager

Andrew Jackson, Director - Development and Regulatory Services  

 

Outcome

We manage and improve our built environment

Strategy

Plan for and maintain accessible, safe and high quality infrastructure

Principal Activity

Provide technical advice and work collaboratively with stakeholders to development and implement road safety programs

      

 

Executive Summary

The purpose of this report is to seek Council endorsement for the public exhibition of the draft 2022 Penrith Accessible Trails Hierarchy Study (PATHS) Implementation Plan 2022 - 2032.

Building on the hugely successful PATHS 2012, Council has prepared a draft PATHS 2022 Implementation Plan for the Local Government area. It is anticipated that PATHS 2022 will continue to a valuable source document to pursue considerable funding for the delivery of shared use paths over the next 10 years.

The draft PATHS Implementation Plan 2022 – 2032 provides a priority list of the top 10 local priority projects that should be considered for funding streams to progress projects over the next 10 years and beyond.

The draft PATHS 2022 – 2032 encourages healthy lifestyles by supporting improved accessibility through the provision of new walking and bike infrastructure, as well as providing access to open spaces and other key destinations.

The draft PATHS Implementation Plan 2022 – 2032 is provided at Attachment 1 and Maps are provided in Attachments 2 – 4.

Background

The 2012 PATHS has been used as the guiding document for the 10 year delivery of infrastructure associated with pedestrian and cycleway infrastructure. As the current plan is now concluding at the end 2022, a review is being undertaken with a view of adopting a new 10 year PATHS Implementation Plan 2022 – 2032.

 

The updated draft PATHS 2022 Implementation Plan will provide recommendations on prioritised routes, including those identified in the NSW Government Principal Bike Network and Walking Plans as well as key projects identified in Council’s Strategy documents including the Penrith Footpath Prioritisation Strategy, Penrith Green Grid Strategy, Penrith Sport and Recreation Strategy, Place Plans and Transport Master Plans.

 

Works completed between 2012 and 2022

By way of recap, the purpose of PATHS (2012) has been towards the development of a long-term plan for an integrated and prioritised hierarchy of an off-road shared path network within the City of Penrith. PATHS aimed to enhance the opportunities for pedestrians and cyclists to access places for health, recreational and destination purposes. Key objectives included improving safety, accessibility, and connectivity, as well as promoting a healthier lifestyle and reducing private vehicle usage.

 

Since 2012, Penrith Council in partnership with the NSW Government has achieved substantial funding of almost $18.5M for the design and construction of shared user path infrastructure. In partnership with the NSW Government, we have been able to design and construct approximately 30km of shared use path (refer to Table 1 below):

 

Table 1: Shared use path completed works between 2012 and 2022

 

Shared use path completed works

Description

km

Year

Grant funding

Council
contribution

Total

Great River Walk, River Rd, Emu Plains and missing links (Greenspace Program etc.)

2.4

2007/15

$1,139,497

$2,000,233

$3,139,730

Memorial Ave and High St, between Worth St and Memorial Ave 

0.6

2010/11

$852,496

$227,583

$1,080,079

Castlereagh Rd and Mulgoa Rd, between Jane and Batt St, Penrith

 2

2011/12

$1,053,244

$351,081

$1,404,325

Mulgoa Rd, between Batt St Jamisontown and Glenmore Parkway, Glenmore Park incl bridge

4

 2012/13

$1,500,000

$57,037

$1,557,037

GWH between Parker St Kingswood to Pages Rd, St Marys (1)

 

4.5

 2012/13

$1,200,000

$535,527

$1,735,527

GWH between Parker St Kingswood to Pages Rd, St Marys (2)

 2013/14

$1,000,000

$432,181

$1,432,181

GWH, between River Rd and Russell St, Emu Plains

2.5

2014/15

$1,000,000

$57,086

$1,057,086

GWH, St Marys, bridge over South Creek plus and path (3)

0.7

2014/15

$1,500,000

$563,966

$2,063,966

Jamison Rd, between Jamison Park and Tench Reserve incl bridge, Jamisontown

2

2014/15

$143,743

$186,058

$329,801

Tench Reserve between Nepean Ave and Jamison Rd, Jamisontown

0.7

2015/16

-

93,453

$93,453

Jane St, between Castlereagh Rd and Westfield

0.5

2016/17

364,292

 

$364,292

High St, Between Parker St and North St (ambulance boundary)

0.3

2016/17

 

103,647

$103,647

Maxwell St, between Aspen St and Greenway Drive (Safer Cycling/Blackspot)

0.5

2016/17

$500,000

$500,000

Cranebrook to Thornton via Coombes Drive – construction of 3rd stage of the shared-use path along Andrews Road Southern side

1

2018/19

$940,000

$940,000

Andrews Road between Laycock and Greygums Streets (north side)

0.6

2019/20

$450,000

-

$450,000

Erskine Park Road between Coonawarra Drive and Illawarra Drive (WSIP)

1.33

2020/21

$440,000

$440,000

Mulgoa Road - Castlereagh Road, (eastern side) and Great Western Highway intersection. 

1

2020/21

Cost not available

-

 

The Northern Road, between Jamison Road and Glenmore Parkway

4

2020/21

Cost not available

 

Great Western Highway, Emu Plains northern side between Russell Street to Mitchells Pass Knapsack Viaduct

1.5

2019/21

$1,800,000

$1,800,000

2021/22

 

30.1 kms

 

$13,883,272

$4,607,852

$18,491,124

 

Table 1 also identifies the significant NSW Government investment to the delivery of a number of shared user paths as part of its roadway upgrades (The Northern Road and Mulgoa Road). In addition, the much welcomed delivery of the ‘Yandhai’ accessible active transport bridge in 2018, now provides access over the Nepean River for use by pedestrians and bike riders, which connects with The Great River Walk, Bridge to Bridge Loop, existing and future pedestrian paths, and bike links.

Current Situation

The objective of the updated Penrith Accessible Trails Hierarchy Study (PATHS) Implementation Plan 2022 – 2032 is to provide Council with priority projects (routes) to be nominated for future funding either through grant funding opportunities or via operational budgets where available.

 

The draft PATHS Implementation Plan provides a list of prioritised regional and local routes based on the study’s methodology. This included a review of all available relevant walking and cycling studies which had their maps recreated in GIS mapping software. The Green Grid and Principle Bike Route maps were overlaid onto the PATHS map to compare key routes across each study and identify key connections.

 

 

 

 

 

There are five guiding principles that this strategy is adhering to:

1.   Connectivity - Creating a cohesive path that provides direct connections between key land uses

2.   Accessibility - Enhancing universal accessibility and mobility choice for recreational and transport purposes

3.   Attractivity - Forming an appealing and engaging path network to help encourage active transport modes

4.   Amenity - Providing routes which a wide range of pedestrians and cyclists will feel comfortable traveling along

5.   Safety - Improving the safety of all vulnerable road users across the study area via separation from vehicle traffic.

 

Strategic Corridors – Regional Priority Projects

 

In reviewing the available data, we have identified strategic corridors (as shown in Table 2) that will support improved active transport routes along NSW Government classified roads. Council’s lead role will be in the advocacy of the design and delivery of these routes when the NSW Government is planning for major roadway upgrades or via funding applications. These projects will be provided to the NSW Government as part of the consultation for the strategic active transport planning of the Western Parkland City.

 

Table 2: Proposed Regional Priority Projects (NSW Government Classified Roadways)

 

Location

Description

Suburb(s)

Length (km)

Great Western Hwy from Mamre Rd to Russell Street

Great Western Hwy from Mamre Rd to Pages Rd, Great Western Highway from Gipps St near Putland St to Claremont Meadows Creek, Great Western Hwy crossing at Bringelly Rd, Great Western Hwy from Parker St to Riley St, Great Western Hwy from Willow Tree Ave to Park St, Great Western Hwy from Dukes Pl to Russell St

St Marys - Emu Plains

3.5

Mamre Rd

Mamre Rd from Great Western Hwy to Ainsbury Rd, Mamre Rd from M4 to Elizabeth Dr

St Marys - Mount Vernon

13.2

Werrington Creek Park to Nepean River

Coreen Ave from Castlereagh Rd to Richmond Rd, Boundary Creek Corridor from Nepean River to Castlereagh Rd, Oxford St from Francis St to Richmond Rd

Penrith - Cambridge Park

5.1

Mulgoa Rd

Mulgoa Rd from Park Rd to Glenmore Pkwy

Mulgoa, Wallacia, Glenmore Park

12.2

Londonderry Rd

Londonderry Rd from The Driftway to The Northern Rd

Londonderry - Cranebrook

7.3

Agnes Banks to Cranebrook

Cranebrook Rd from Olive Ln to Castlereagh Rd, Castlereagh Rd from Cranebrook Rd to The Driftway

Agnes Banks, Cranebrook, Castlereagh

13.9

Erskine Park Rd to Great Western Hwy

Erskine Park Rd and Roper Rd from Coonawarra Dr to Great Western Hwy

St Clair - Colyton

3.0

Penrith to Cranebrook via Castlereagh Rd

Cranebrook Rd to Nepean St, Castlereagh Rd from Mullins Rd to Jack Williams Drive, Castlereagh Rd from Jack Williams Drive to Lugard Street, Castlereagh Rd from Lugard Street to Andrews Rd roundabout, Castlereagh Rd from Peachtree Rd to Mullins Rd (Eastside), Castlereagh Rd from IMO Car Wash to Mullins Rd (Westside), Castlereagh Rd from Bega Dairy & Drinks to Museum Dr, Castlereagh Rd from Museum Dr to Peachtree Rd, Cranebrook Rd (west side) from Andrews Rd to Nepean Street 

Penrith - Cranebrook

5.0

The Northern Rd from Bligh Park to Cranebrook

The Northern Rd from Londonderry Rd to Richmond Rd

Llandilo, Berkshire and Londonderry

7.6

Debrincat Ave

Debrincat Ave from Ropes Creek to Glossop St, North-South Link passing Forthorn Pl from Glossop St to Harris St

North St Marys

1.6

 

Local Priority Projects

 

Table 3 summarises the top 10 proposed Local Priority Projects that are predominantly along local roadways or open space corridors. Council’s lead role will be to secure funding to progress these projects through design, consultation, and delivery.

 

These proposed routes form the local network, and that connect to the regional network, will provide greater opportunities for our communities and visitors to access local recreational and leisure activities, services, work and educational destinations.

 

Table 3: Proposed Local Priority Projects 2022 – 2032

 

Street Location

Description

Suburb(s)

Length (km)

School House Creek Corridor from Glenmore Parkway to Mulgoa Road

Apple Gum Reserve, Rotary Park Corridor and the Glenmore Park Space Corridor

Glenmore Park

9.2

South Penrith to Jamisontown via York Road

From M4 to Mulgoa Rd via Mulgoa Creek and Surveyors Creek Corridors

South Penrith - Jamisontown

4.4

Old Bathurst Road Corridor, Emu Plains

East-west link between CathWest Innovation College and Penola Catholic College, via Emu Plains Train Station and Gosling Street, Emu Plains

Emu Plains - Emu Heights

3.6

Queen Street Corridor, St Marys

North-south corridor from St Marys Station to Great Western Highway

St Marys

1.7

North St Marys to St Marys via Glossop Street

North-south link from Maple Road to Phillip Street via Glossop Street, Oleander Road and Wattle Avenue

North St Marys - St Marys

2.0

Penrith City Centre Connections

Henry Street and Lethbridge Street, and Woodriff Street from Henry Street to Derby Street

Penrith

3.9

Glossop Street to Queen Street

Station St and Chesham St, Phillip St from Lethbridge St to Glossop St

St Marys

0.8

Bringelly Road and Maxwell Street

Kingswood Station to Jamison Park via Bringelly Road, Maxwell Street and Racecourse Road

Kingswood - South Penrith

4.0

Cranebrook to Penrith City Centre

Cranebrook to Penrith City Centre via Andromeda Drive, Laycock Street and Greygums Oval

Cranbrook -  Penrith

5.6

Evan Street, Penrith

Evan Street from Belmore Street to Tukara Road

Penrith – South Penrith

3.1

 

Other Network Connections

 

Projects presented in Table 4 include minor segments of projects or routes which may be undertaken by Council in addition to Local Priority Projects and other complementary projects. Council will aim to prioritise and deliver these projects as resources permit, including missing links and undertake maintenance works. These projects are to be delivered under existing and future budgets as resources permit, or funded through external grants. 

 

Nepean Avenue shared path project has been included in Table 4 as a missing link forming part of the Great River Walk (Nepean River Bridge to Bridge Trail). This project has been successful in receiving NSW Government grant funding as well as Council funds to progress a design for a shared path link and requires further development of design options that are subject to community consultation and Council endorsement.

 

 

Route / Project

Suburb

Length

Description

Nepean Avenue

Penrith

1000m

2.5m shared path on the western side of Nepean Avenue

Northern Road – Andrews Road to Sherringham Road

Cranebrook

500m

Upgrade the existing asphalt pathway to concrete and install new signage and line marking.

Jamison Road – West of Mulgoa Road

Penrith

270m

Construct missing 270m of concrete shared use path and provide missing link to existing path on Jamison Road

Hickeys Road – at Hickeys Park

Penrith

400m

Deliver new signage and line marking to improve delineation of this existing pathway

Off-road Path – Greygums Road to Andrews Road

Cranebrook

430m

Deliver new signage and line marking to improve delineation of this existing pathway

Bike Racks at parks and town centres

Various

N/A

Provide additional bike racks at key locations and improve parking for bicycles

Street Furniture, seating, rest areas

Great River Walk

N/A

Provide seating and rest areas along major recreational routes

 

Consultation activities

A report(s) and presentation(s) were made to both the Access Committee and the Local Traffic Committee (1 and 6 June 2022 Meetings respectively). Councillors received a Briefing Report (19 September 2022) which provided an update of the review of the PATHS and next steps prior to the proposed public exhibition in October 2022.

 

 

 

Public exhibition activities

The draft PATHS 2022 is proposed to be publicly exhibited for a period of 4 weeks in October 2022. An outline of the proposed engagement program is provided below.

Advertising and Notification

To ensure that we reach a broad demographic range within the Penrith LGA, traditional advertising and social media will jointly be used to promote the exhibition of the draft PATHS Implementation Plan. This will include a media release, and utilisation of Council’s Social Media channels.

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

Council’s YourSay webpage

A dedicated YourSay webpage will provide all materials and information related to the exhibition of the draft PATHS Implementation Plan.

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

 

Community engagement report

 

As part of the public exhibition process and subsequent review, a community engagement report and proposed amendments (as/if required) to the draft PATHS Implementation Plan will be prepared. If required, a further update will be provided to Council in a subsequent Councillor Briefing ahead of a future Ordinary Meeting which will seek final endorsement.

 

Financial Implications

 

The PATHS Implementation Plan identifies priority projects that may be included in future Operational Plans as funding is nominated to the project. Existing budgets are intended to fund feasibility and option analysis, concept design, consultation, detailed design and obtaining necessary project-specific approvals. 

Once identified projects are designed, it may be necessary to seek further funding through Council or other funding opportunities, such as NSW Government grants to progress into construction phase. If funding is obtained, the Delivery Program and Operational Plan will be updated accordingly, putting Council in a stronger position to monitor and resource PATHS projects over the future years.

Once constructed, maintenance of the new paths will need to be incorporated into Council’s operational budget, the current allowance for this item is $380.11 per kilometre per annum.

Risk Implications

The draft PATHS Implementation Plan identifies our future active transport network and provides a Council wide framework for implementation. This reduces risk by clearly prioritising future active transport projects and facilitating alignment across Council.

Conclusion

The review of the PATHS (2012) has provided an opportunity to acknowledge the significant progress that has been achieved over the past ten years in the delivery of shared user paths in our City.

 

In the development of the PATHS Implementation Plan 2022 – 2032, it is critical that we build on that success and continue collaboration across all tiers of government, and with the private sector. It is a priority of Council to deliver priority active transport routes, that provide connectivity and access to key destinations and recreational places within the City, and that caters for all people with diverse abilities. Importantly the network will provide safe, healthy, and effective active transport options.

 

RECOMMENDATION

That:

1.     The information contained in the report on Seek Endorsement for Public Exhibition of the Draft Penrith Accessible Trails Hierarchy Study Implementation Plan 2022 - 2032 be received.

2.     Council endorse the draft PATHS Implementation Plan 2022 - 2032, to be publicly exhibited for broader consultation.

3.     At the conclusion of the exhibition and consultation process, a further report be presented to Council.

 

 

ATTACHMENTS/APPENDICES

1.

Draft PATHS Implementation Plan 2022 - 2032

119 Pages

Attachments Included

2.

Map B1 - Regional Priority Projects

8 Pages

Attachments Included

3.

Map B2 - Local Priority Projects

3 Pages

Attachments Included

4.

Map 3 - Prelim Routes_ALL

9 Pages

Attachments Included

  


Ordinary Meeting                                                                                        26 September 2022

 

 

 

11

Australian Government Black Spot Program and NSW Safer Roads Program 2023/24 Nominations and Funding Acceptance for 2022/23   

 

Compiled by:               Isaac Mann, Transport Engineer

Joshua Hull, Traffic Engineering Coordinator

Authorised by:            Adam Wilkinson, Engineering Services Manager

Andrew Jackson, Director - Development and Regulatory Services  

 

Outcome

We manage and improve our built environment

Strategy

Plan and manage sustainable transport infrastructure and networks to meet current and future community needs

Principal Activity

Provide technical advice on parking issues and plan for the delivery of parking infrastructure

      

 

Executive Summary

The purpose of this report is to advise Council of road safety projects being submitted under the Australian Government Black Spot Program and NSW Safer Roads Program 2023/24, and advise of Black Spot funding offered to Council for projects under the current 2022/23 program.

 

The report recommends that Council note the road safety projects being submitted to the NSW Black Spot Consultative Panel of Transport for NSW (TfNSW) for 2023/24 and acknowledge acceptance of Black Spot funding for current year projects (2022/23) that are listed for construction.

 

Background

Council has been very successful in obtaining funding for life and injury saving protection measures across its road network for many years. In the past 5 years alone, Council has secured over $5,000,000 in funding for Black Spot and Safer Roads projects, which are in turn delivering road safety and community savings right across the network.

 

TfNSW invited Council to identify and nominate new conforming projects for the Australian Government Black Spot Program and NSW Safer Roads Program 2023/24, and to forward its submissions to the NSW Black Spot Consultative Panel by 30 September 2022.

 

The Black Spot Program is part of the commitment to reduce crashes on Australian roads.  Road crashes are a major cost to Australians every year. Black Spot projects target those road locations where crashes are occurring. By funding road safety measures such as traffic signals and roundabouts at dangerous locations, the program reduces the risk of crashes. Programs of this sort are very effective, saving the community many times the cost of the relatively minor road improvements that are implemented.

 

The Black Spot Program makes an important contribution in reducing the national road toll under the National Road Safety Strategy and Action Plan. The Australian Government has provided $1.0 billion to the Black Spot Program from the 2013/14 financial year to the 2022/23 financial year, with an ongoing commitment of $110 million each year following.

 

To be eligible, the project(s) will be required to meet the minimum criteria of individual program areas. Only casualty crash data will be used when calculating the safety BCR, whereas traditionally all crashes were used. Furthermore, a minimum three casualty crashes are required for a Black Spot or length under the National Program, and two casualty crashes under the Safer Roads program.

 

Current Situation

The following nine (9) projects, listed in Table 1 (below), will be submitted by Council’s Traffic Section for nomination under the Australian Government Black Spot Program and NSW Safer Roads Program 2023/24. 

 

Analysis of the accidents is based on the TfNSW recorded accident data available to Council for the five-year period from 1 July 2016 to 30 June 2021. Nominated projects were prioritised according to the number of injury crashes that had occurred over the five-year period, and the ability to successfully remediate the accident hazards at that location by way of an appropriate treatment.

 

Projects were shortlisted from the total list of identified locations in the Local Government Area (LGA) that met the minimum eligibility criteria for the program. The final list of projects offers the Penrith LGA the greatest yield in terms of accident savings for the nomination year and accordingly are the highest ranked against the established criteria. TfNSW will be conducting a final review and assessment prior to determination.

 

TABLE 1. List of Projects to be submitted to TfNSW under the

Australian Government Black Spot Program and NSW Safer Roads Program 2023/24

 

 

Location

Intersection / Length

Benefit Cost Ratio

Suggested Improvements

 

Cost

1

Glenmore Parkway, Glenmore Park between Glengarry Dr and Camellia Ave

Length

5.86

Roundabouts at Glenmore Pkwy/Ridgetop Dr and Glenmore Pkwy/Muru Dr, safety barrier treatments, and traffic calming.

$1,000,000

2

Intersection of Roper Road and Hewitt Street, Colyton

Intersection

5.09

Bend treatments including safety barrier extension, and a traffic study to address signal phasing with non-filtered right turn.

$300,000

3

Third Avenue, Llandilo between Sixth Ave and Seventh Ave

Length

4.49

Rural median island stop treatments (MIST) with supplementary line marking.

$240,000

4

Cranebrook Village (Borrowdale Way, Hosking St, Laycock St), Cranebrook

Length

4.37

High Pedestrian Activity Area (HPAA) including traffic calming and roundabouts at Laycock St/Hosking St and Laycock St/Borrowdale Way.

$500,000 (plus $100,000 co-funded)

5

Intersection of Carpenter Street and Marsden Road, St Marys

Intersection

3.88

Improvements to roundabout deflection and traffic calming.

$130,000

6

Intersection of Evan Street and Stafford Street, Penrith

Intersection

3.59

Improvements to roundabout deflection and traffic calming.

$80,000

7

Intersection of Sydney Street and Great Western Highway, St Marys

Intersection

Not Applicable*

Project development nomination: Traffic study to assess upgrade options and protected right turns from the local road approaches.

$150,000

8

Intersection of Worth Street and Union Road, Penrith

Intersection

Not Applicable*

Project development nomination: Traffic study to assess upgrade options and protected right turns.

$150,000

9

Intersection of Henry Street and Riley Street, Penrith

Intersection

Not Applicable*

Project development nomination: Upgrade traffic signals, introduce pedestrian scramble crossing phase.

$100,000

 

TOTAL

$2,750,000

*BCR is “Not Applicable” as this is a project development nomination only, and as such the scope only includes traffic study and detailed design work at this stage. A future nomination may be considered for construction works.

 

 

Funding Offers for 2022/23

In addition to the 2023/24 project nominations listed above, it is noteworthy that Council has recently received confirmation of funding offers obtained under the Black Spot Program for 2022/23.

 

In August 2021, both regional and local road projects were submitted to the Black Spot Consultative Panel for consideration for 100% funding under the 2022/23 Black Spot and Safer Roads Program. The Consultative Panel has now assessed Penrith City Council’s projects under the program and advised that four projects have been approved and funded in 2022/23 to the value of $1,515,000. These are shown in Table 2 below.

 

 

TABLE 2.

Projects Approved under the 2022/23 Black Spot Program

 

Location

Project Description

Allocation

Bringelly Road, Kingswood

Length treatment with median island, kerb blisters and speed cushion treatments.

$100,000

Hewitt Street, Colyton

Length treatment with single-lane roundabout, traffic control devices, and pedestrian refuge.

$350,000

Intersection of Andrews Road and Laycock Street, Cranebrook

Single-lane roundabout control.

$750,000

Shepherd Street, Colyton

Length treatment with single-lane roundabout, traffic control devices, and pedestrian refuge.

$315,000

 

TOTAL:

$1,515,000

 

The funding allocation of $1,515,000 is 100% of the total project cost and hence there is no financial contribution required by Council for the 2022/23 financial year.

 

Financial Implications

Of the projects to be submitted to TfNSW under the Australian Government Black Spot Program and NSW Safer Roads Program 2023/24, all are proposed to be 100% funded by the Federal and State Governments. That is with the exception of the Cranebrook Village (Borrowdale Way, Hosking St, Laycock St), Cranebrook project, for which it is proposed to provide $100,000 (subject to detailed costing) from Council’s 2023/24 Traffic & Transport Facilities Program budget. While provision of matching funds is not a requirement of these funding programs, it is anticipated that doing so will be looked upon favourably by the Consultative Panel.

 

All projects approved under the 2022/23 Black Spot Program have been successful for 100% of the total project cost and therefore require no financial contribution from Council.

Risk Implications

There are minor (acceptable) risk implications to Council in terms of delivery timeframe for the 2022/23 funded projects, however we believe the delivery target of 30 June 2023 can be achieved due to preliminary designs currently being underway. The program provides for 100% funding, hence there are limited risk implications as Council has a proven track record of over 15 years now in delivery of high-quality projects under these grants.

 

Conclusion

The projects listed in Table 1 are Council’s highest priority sites and as such will be submitted to TfNSW for their consideration. Furthermore, funding of $1,515,000 for the 2022/23 financial year should be recognised as a noteworthy achievement for Council. It is expected that the resulting accident remediation treatments will result in improved levels of traffic safety and a reduction in accidents on local and regional roads within the Local Government Area.

 

This funding will help realise the Australian Government’s National Road Safety Strategy, and NSW Towards Zero strategy, which commits Federal, State and Territory Governments to completely eliminate deaths and serious injuries from road trauma by 2056.

 

RECOMMENDATION

That:

1.     The information contained in the report on Australian Government Black Spot Program and NSW Safer Roads Program 2023/24 Nominations and Funding Acceptance for 2022/23 be received.

2.     Council note the nine (9) projects listed in Table 1 of this report for funding application to TfNSW under the Australian Government Black Spot Program and NSW Safer Roads Program 2023/24 to the value of $2,750,000.

3.     Council acknowledge acceptance of grant funding of $1,515,000 offered for the Black Spot and Safer Roads Projects shown in Table 2 for the 2022/23 financial year.

4.     Council write to the Local State Members thanking them for their ongoing support and continued funding of road safety initiatives

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                        26 September 2022

 

 

 

12

Adoption of Transport for NSW Panel Contract of Architectural Acoustic Treatment for At Home Noise Treatment works - Erskine Park Road Upgrade   

 

Compiled by:               Wasique Mohyuddin, Major Projects Coordinator

Lana Axford, Supply 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

      

 

Executive Summary

Erskine Park Road upgrade project has been completed under the Western Sydney Infrastructure Plan - Local Road Package, and the new road corridor was open to traffic in May 2021.

As part of the project, noise assessment was undertaken to determine the impact of the new works such as turn lanes and additional traffic lanes on private properties.

A consultation plan was implemented and with owners’ consent, twenty-one (21) properties were inspected and the scope of treatment required for each property was prepared.

Transport for New South Wales (TfNSW) have established a panel of builders for their “Noise Abatement Program for at Home Noise Treatment” namely Panel of Architectural Treatment - Builders - 19.0000302605.0833 (04/03/2020 - 04/11/2022) and it is a project requirement to engage one of the panel contractors from that TfNSW panel contract to undertake these specialist works.

As per the Local Government Act, Council may adopt a list of contractors prepared by another public authority.

This report seeks Council approval to use the existing TfNSW panel and engage a builder to complete “At Home Noise Treatment’’ for impacted properties.

Background

The Australian Government is funding a $200 million Local Roads Package (LRP) as part of the Western Sydney Infrastructure Plan (WSIP). Funding has been allocated for Council to upgrade four intersections along Erskine Park Road to improve road safety and traffic flow efficiency.

All civil works were completed, and the new four lane road corridor was open to traffic in May 2021.

The only remaining minor works for this project are the “At Home Noise” treatment for affected properties.

Current Situation

A specialist acoustic consultant was engaged to develop the scope for treatment works. Owners & residents of the properties were contacted for agreement and execution of “At Home Noise” treatment works.

A list of approved contractors was provided by TfNSW, which are detailed in the table below:

NAP - PANEL OF ARCHITECTURAL TREATMENT - BUILDERS - 19.0000302605.0833 (04/03/2020 - 04/11/2022)

Company

Owners/Director

ABN

Postal Address

All Sound Constructions Pty Ltd

Anthony Angel

51 113 230 229

U1, 4 Jullian Close, Banksmeadow, NSW, 2019

Axis Constructions Pty Ltd

Richard Tabone

Craig Sharpe

79 002 482 359

Level 1, Building C. 209 -211 Walters Road Arndell Park 2148

Austream Builders Pty Ltd

Michael McCurtayne

Daniel McCurtayne

91 102 487 454

PO Box 6247 North Ryde 2113

C&M Constructions Pty Ltd

Mark Liddle

28 132 947 696

PO Box 3396 Parramatta 2124

Master Building Solutions Pty Ltd

Gary Stevens

Michael Comito

40 124 931 915

50/76B Edinburgh Rd, Marrickville NSW 2204

 

PO Box 365 Newtown, NSW 2042

PKN Constructions Pty Ltd

 

Poul Nielsen

 

 

98 613 161 210

 

 

PO Box 4009 Coffs Harbour Jetty NSW 2450

 

6/36 Industrial Drive, North Boambee Valley 2450

An expression of interest (EOI) was sought from TfNSW panel contractors by inviting them to register their businesses on Local Government Procurement (LGP) Portal.

An open public tender is not an option to deliver these minor works as these specialised works must be completed by a TfNSW approved panel contractor to comply with TfNSW technical specifications.

Relevant Regulation

Local Government Regulation 2005, clause 169 (8):

Selective tendering method by which recognised contractors listed by council are invited to tender for particular kinds of proposed contracts

(8)  As an alternative to listing persons as recognised contractors in accordance with subclauses (1)–(4), a council may adopt a list of contractors prepared by another public authority, but only if the list was prepared by the authority following the publication of an advertisement similar to that provided for under subclause (1)

In order to comply with the Local Government Act, Council needs to resolve to adopt the TfNSW panel contract - panel of Architectural Treatment - Builders - 19.0000302605.0833 (04/03/2020 - 04/11/2022)

Financial Implications

 

Estimated value of the works is within project available budget and there are no financial implications for Council associated with this report.

 

RECOMMENDATION

That:

1.     The information contained in the report on Adoption of Transport for NSW Panel Contract of Architectural Acoustic Treatment for At Home Noise Treatment works - Erskine Park Road Upgrade be received

2.     Upon the completion of procurement process, award of works be reported to Council’s Ordinary Meeting of 31 October 2022.

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                                                                                        26 September 2022

 

 

 

13

RFT 22/23-04 Boronia Park Upgrade   

 

Compiled by:               Nicole Barton, Project Supervisor

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

      

 

Executive Summary

A tender for the RFT 22/23-04 Boronia Park Upgrade was advertised on 13 July 2022 on Apet360 and e-tendering websites and closed on Wednesday 31 August 2022 at 11.00am.

This report advises Council of the outcome of the tender process and recommends that the tender from Coverit Building Group Pty Ltd for the amount of $1,282,349.16 (excluding GST) be accepted for the works.

Background

As part of the Council adopted Sport and Recreation Strategy, Council has an ongoing renewal program to upgrade sporting facilities which incorporates internal redesign for improved functionality, additional storage and accessibility upgrades.

The project at Boronia Park is being undertaken to upgrade the sporting amenities and community facilities located at Boronia Road, North St Marys. The works include:

·    Construction of a new cricket amenities building (North building) which includes:

1 accessible toilet with baby change facility

1 ambulant toilet with baby change facility

1 services room and 1 storeroom

·    Refurbishment of the existing amenities building (South Building) which includes:

2 female toilets with baby change facility

2 male toilets plus urinal with baby change facility

1 accessible toilet with shower facilities

1 kitchenette

2 storerooms

·    Design and construction of new flood lighting to the Netball courts

·    Design and construction of the irrigation to fields 3, 4 & 5.

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Nicole Barton Project Supervisor, Matt Hill Recreation and Community Facilities Planner and was chaired by Wasique Mohyuddin Delivery Program Manager. 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:

•        Business References

•        Demonstrated Ability

•        Works Method and Program

•        Financials

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

•        Support of Local Businesses within the Penrith LGA – Suppliers and Contractors

•        Quality Assurance Systems

•        Environmental Management Systems

•        Work Health & Safety

Initial Tender Review

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

Company

Tendered Price

Company Address

Owners/Directors

Coverit Building Group Pty Ltd

$1,282,349.16

Unit 18 37-47 Borec Rd, Penrith NSW 2749

Shane Comans

Brooks Operations Pty Ltd

Non-conforming

Unit 6 / 14 Anderson Street Banksmeadow NSW 2019

Peter Townsend

Evaluation of the Preferred Tender

Following the detailed assessment review, the tender from Coverit Building Group Pty Ltd was considered by the Tender Evaluation Committee to best fulfil Council’s proposal based on this company’s tender responses and when considering all the following evaluation criteria:

1)      Compliance with the tender evaluation criteria,

2)      Demonstrated ability to meet Council’s requirements; and

3)      Competitive price for the services offered.

The tender price submitted by Coverit Building Group Pty Ltd was in line with expectations and Quantity Surveyor estimates. The Tender Evaluation Committee thoroughly reviewed the information provided pertaining to experience of the proposed tenderer and conducted reference checks which were positive.

The submission from Brooks Operations Pty Ltd did not demonstrate an understanding of the full scope of the project as the tender submitted only covered the scope for the irrigation package and as a result, was deemed as non-conforming.

Coverit Building Group Pty Ltd has delivered several projects for Penrith City Council such as:

·    Grey Gums Amenities and Storage Buildings (Cranebrook),

·    Leonay Oval Upper Amenities (Leonay),

·    Chapman Gardens Amenities, including landscaping and irrigation works (Kingswood)

All above projects were completed on time, on budget and to a high standard of work. Coverit Building Group Pty Ltd are also currently involved in the delivery of multiple projects including:

·    Bill Ball Oval Amenities Upgrade,

·    Doug Rennie Amenities Building,

·    Hickeys Lane Amenities Upgrade

 

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Coverit Building Group Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd. Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded.

Funding is provided by the Local Open Space Development Plan, Sports & Recreation Reserve, and NSW Government 2019 Community Building Partnership Grant. The tendered price by Coverit Building Group of $1,282,349.16 excluding GST is within available budget and in line with the Quantity Surveyor estimate.

The estimated maintenance and operational cost requirements for the completed works starts at $39,000 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 (TAG) Comment

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

The TAG considered the recommendations in relation to the tender for the Boronia Park Upgrade. After a satisfactory response to a request for clarification regarding price and the ability to meet the required program, the TAG considered that Coverit Building Group Pty Ltd has demonstrated their ability to meet Council’s requirements and their proposal was the most advantageous to Council. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

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

Conclusion

The Tender Evaluation Committee is of the opinion that Coverit Building Group Pty Ltd provided an advantageous tender and it is recommended that the company be awarded the contract for a sum of $1,282,349.16 excl. GST.

RECOMMENDATION

That:

1.     The information contained in the report on RFT 22/23-04 Boronia Park Upgrade be received

2.     Coverit Building Group Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the refurbishment works to Boronia Park Upgrade for the amount of $1,282,349.16 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                                                                                        26 September 2022

 

 

 

14

RFT22/23-12 Ched Towns Landscaping   

 

Compiled by:               James Craig, Project Supervisor

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

      

 

Executive Summary

A tender for the Ched Towns Landscape works was advertised online through Apet360 and       e-tendering websites on 26 July 2022 and closed 24 August 2022.

This report advises Council of the outcome of the tender process and recommends that the tender from Asplundh Tree Expert (Australia) Pty Ltd t/a Summit Open Spaces Services for the full scope of works outlined in RFT 22/23-12 Ched Towns Landscaping be accepted for the amount of $314,181.23 (excluding GST).

Background

In July 2020, Penrith City Council received confirmation of funding allocation through the NSW Office of Sport’s Greater Sydney Sports Facility Fund 2019 (now Greater Cities Sports Facility Fund) to undertake the renewal of the amenities at Ched Towns Sporting Complex, Glenmore Park. As part of Stage 2 works for the site, and to coincide with the new building, significant landscape works are to be undertaken to the surrounding areas of the building. In preparation for the tendering of the project, a detailed concept design was formulated together with a cost estimate in line with the project scope.

The landscape works will coincide with the construction of the new building and includes the following:

·    Detailed design

·    Tiered concrete spectator seating

·    New pedestrian connections

·    Formalised vehicular access points

·    Additional seating to both sides of the building

·    New tree planting

The project will further enhance user experience at the site during regular sporting events and accompany the new building in bringing the location in line with more contemporary standards.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Ken Carter Landscape Architect, Mitchell Sammut Project Supervisor, James Craig Project Supervisor and was chaired by Wasique Mohyuddin, Delivery Program Manager. Laura Stott, Procurement Business Partner performed the role of tender administration and probity officer for this tender.

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

·    Business References

·    Demonstrated Ability

·    Works Method and Program

·    Financials

·    Work, Health and Safety

·    Quality Assurance Systems

·    Environmental Management Systems

·    Employment Policies (Direct Labour and Sub-Contractors)

·    Local Business Preference Policy

·    Value for Money

Evaluation of the Preferred Tender

Two tenders were received, they are listed below.

Company

Tendered Price

Company Location

Directors/Managers

Asplundh Tree Expert (Australia) Pty Ltd t/a Summit Open Space Services

$314,181.23

23 Sterling Rd Minchinbury 2770

Brad Howell

Axial Construction Pty Ltd

$819,867.35

90 Nemean Rd Austral 2179

Shazia Haneef

Both tenders received were reviewed by the Evaluation Committee.

On assessment it was determined both tenderers would be capable of undertaking the project, showing prior experience in delivering similar scoped projects. The lump sum price submitted by Axial Construction Pty Ltd was however, significantly greater than the project cost estimate prepared in the preliminary design phase. The lump sum price submitted by Asplundh Tree Expert (Australia) Pty Ltd t/a Summit Open Space Services is within the cost estimate.

Further clarifications were sought by the project team from Asplundh Tree Expert (Australia) Pty Ltd t/a Summit Open Space Services to ensure adequate allowances have been allowed for each scope item and no issues were identified. These clarifications were sent through email in the first instance, with a face-to-face meeting between the evaluation committee and representatives from Asplundh Tree Expert (Australia) Pty Ltd t/a Summit Open Space Services following.

After reviewing each component of the tender submissions, the panel agreed that the submission by Asplundh Tree Expert (Australia) Pty Ltd t/a Summit Open Space Services met the deliverables outlined within the scope through their methodology and works program. Asplundh Tree Expert (Australia) Pty Ltd t/a Summit Open Space Services have undertaken several landscaping projects for Penrith City Council in the past and are currently involved in the delivery of multiple projects work through the Tree Planting Services contract.

The recommended company, Asplundh Tree Expert (Australia) Pty Ltd t/a Summit Space Open Services was selected based on their:

1.   Compliance with the tender evaluation criteria,

2.   Demonstrated ability to meet Council’s requirements; and

3.   Competitive price for the services offered.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Asplundh Tree Expert (Australia) 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 State Government Greater Sydney Sports Facility Grant and Council Building Asset Renewal Program. The tendered price by Asplundh Tree Expert (Australia) Pty Ltd t/a Summit Open Space Services for $314,181.23 (excluding GST) is within remaining available budget and in line with the Opinion of Probable Cost.

The estimated maintenance and operational cost requirements for this component of works starts at $7,900 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 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 RFT 22/23-12 Ched Towns Landscaping, it was noted that the recommended proposal is the lowest cost, the company has demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

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

Conclusion

The Tender Evaluation Committee is of the opinion that Asplundh Tree Expert (Australia) Pty Ltd t/a Summit Open Space Services provided the tender with clear understanding of the works in question and their submission represents best value for money. It is recommended that Asplundh Tree Expert (Australia) Pty Ltd t/a Summit Open Space Services be awarded the contract for a sum of $314,181.23 excluding GST.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT22/23-12 Ched Towns Landscaping be received

2.     The proposal and lump sum price from Asplundh Tree Expert (Australia) Pty Ltd t/a Summit Open Space Services for the amount of $314,181.23 (excluding GST) be accepted for the Ched Towns Landscaping.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 5 - We have open and collaborative leadership

 

Item                                                                                                                                       Page

 

15      Election of Deputy Mayor                                                                                                 97

 

16      Review of Delegations                                                                                                   101

 

17      2021-22 Draft Financial Statements                                                                              112

 

18      2022-23 Financial Assistance Grant                                                                              120

 

19      Transfer of Land Titles - Regatta Park                                                                           124

 

20      RFT 20/21-24 Bus Shelter Advertising                                                                          128

 

21      Summary of Investment & Banking for the period 1 August 2022 to 31 August 2022 135

 

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                        26 September 2022

 

 

 

15

Election of Deputy Mayor   

 

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

Service Activity

Manage Council’s meeting calendar, meeting process and business papers to ensure open and fair decision making

      

 

Executive Summary

The purpose of this report is to report to Council the procedure and method of the election of a Deputy Mayor by the Councillors.  The report recommends that Council consider the election of a Deputy Mayor and determine the method for the election to be open voting if an election is required and term of Office of the Deputy Mayor be until September 2023 or in accordance with the balance of the current Mayoral term.

 

Section 231 of the Local Government Act 1993 (the Act) makes the following provision for the election of a Deputy Mayor:

(1)   The Councillors may elect a person from among their number to be the Deputy Mayor.

(2)   The person may be elected for the Mayoral term or a shorter term.

(3)   The Deputy Mayor may exercise any function of the Mayor at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the Office of Mayor.

(4)   The Councillors may elect a person from among their number to act as Deputy Mayor if the Deputy Mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no Deputy Mayor has been elected.

 

The election of a Deputy Mayor is not required by the Act but is for each Council to determine.

The balance of this report assumes the continuation of Council’s tradition and practice of electing a Deputy Mayor.

Nominations for Deputy Mayor

The Local Government (General) Regulation 2005 (the Regulation) provides for a Councillor to be nominated without notice for election as Deputy Mayor. However, the nomination must be in writing by two or more councillors, one of whom can be the nominee. The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

 

The nomination is to be delivered or sent to the Returning Officer (General Manager). The nomination form can be delivered or sent to the Returning Officer up until the time of the election being conducted.

 

Nomination forms will have been sent to all Councillors prior to this meeting.

 

The Returning Officer is to announce the names of the nominees at the Council meeting at which the election is to be held.

 

Term of Office of Deputy Mayor

Where a Council does elect a Deputy Mayor, the Council has discretion to determine the term of office as long as it does not exceed that of the Mayoral Term (September 2023). The Council’s long standing practice has been to determine a one-year term for the Deputy Mayor.

Method of Voting

There are a number of options available (outlined below) to Council with respect to the method of voting, however it has been council’s long-standing practice and it is recommended that the open voting method be utilised. In the event that any other method (ordinary ballot or preferential ballot) of voting is resolved by Council it would mean that all Councillors would need to be physically present in the Council Chambers to be able to participate in the vote.

 

Ballot

If only one Councillor is nominated for the Office of Deputy Mayor, that Councillor is elected. If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by open voting, ordinary ballot or preferential ballot. The election is to be held at the Council meeting at which the Council resolves on the method of voting.

 

In the Regulation the term “open voting” means voting by a show of hands or similar means, and “ballot” has its normal meaning of secret ballot.  In other words, the ordinary and preferential ballots are to be secret ballots.

 

Ordinary Ballot or Open Voting

If the election proceeds by ordinary ballot, the Returning Officer is to decide the manner in which votes are to be marked on the ballot-papers. The Formality of a ballot-paper under this Part is to be determined in accordance with clause 345 of the Regulation.

 

Council has had a long standing practice of utilising the Open Voting method and it is recommended this be continued to facilitate the election being conducted electronically should some councillors not be physically present.

 

The Office of Local Government has issued a circular confirming that the Open Voting method is the only method that can be conducted via an electronic meeting, and that should Council determine to use any other method than a physical meeting would need to be held.

 

Count in the case of 2 candidates

 

1.  If there are only 2 candidates, the candidate with the higher number of votes is elected.

 

2.  If there are only 2 candidates and they are tied, the one elected is to be chosen by lot (more information is provided on this process later in the report).

 

 

 

Count in the case of there being 3 or more candidates

 

1.   If there are 3 or more candidates, the one with the lowest number of votes is to be excluded.

 

2.   If 3 or more candidates still remain, a further vote is to be taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.

 

3.   If, after that, 3 or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only 2 candidates remain.

 

4.   A further vote is to be taken of the 2 remaining candidates.

 

5.   The candidate with the higher number of votes is elected.

 

6.   If at any stage during a count under subclause (1) or (2), two or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

 

Preferential Ballot

1.   The ballot-papers are to contain the names of all the candidates. The Councillors are to mark their votes by placing the numbers “1”, “2” and so on against the various names so as to indicate the order of their preference for all the candidates.

 

2.   The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 of the Regulation.

 

3.   If a candidate has an absolute majority of first preference votes, that candidate is elected.

 

4.   If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot-papers.

 

5.   A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. At that stage the Councillor is elected as Mayor.

 

6.   An "absolute majority", in relation to votes, means a number which is more than one-half of the number of unexhausted formal ballot-papers.

 

Tied Candidates

 

1.   If, on any count of votes, there are 2 candidates in, or remaining in the election and the numbers of votes cast for the 2 candidates are equal - the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.

 

2.   If, on any count of votes, there are 3 or more candidates in, or remaining in, the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes - the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

 

Choosing by Lot

To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer.  The slips are folded by the Returning Officer so as to prevent the names being seen.  The slips are mixed and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.

 

Result

The result of the election (including the name of the candidate elected as Mayor) is:

 

1.   to be declared to the Councillors at the Council meeting at which the election is held by the Returning Officer, and

 

2.   to be delivered or sent to the Chief Executive of the Office of Local Government and to the Secretary of the Local Government and Shires Associations of New South Wales.

 

Conclusion

It is appropriate for Council to consider the election of a deputy mayor at tonight’s meeting.

 

RECOMMENDATION

That:

1.     The information contained in the report on Election of Deputy Mayor be received

2.     Council consider the Election of a Deputy Mayor.

3.     In the event of more than one Councillor being nominated, Council determine the method of election to be open voting for the Office of Deputy Mayor.

4.     In accordance with Section 231 (2) of the Local Government Act 1993, the term of Office of the Deputy Mayor be until September 2023 or the date of the next Mayoral election in the event of any postponements.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting                                                                                        26 September 2022

 

 

 

16

Review of Delegations   

 

Compiled by:               Sasha Sultana, Governance Support Officer

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

Promote ethical behaviour through awareness and advice, and manage investigations of alleged corruption, maladministration or breaches of the Code of Conduct

      

 

Executive Summary

The report details the background of delegations and highlights the need to have appropriate delegations of authority to ensure that Council officers can properly and efficiently discharge their responsibilities under Council’s Operational Plan.

 

All delegated authority must also be exercised within the provisions of:

 

·    The Local Government Act and other relevant legislation;

·    Any relevant Council policies and procedures;

·    Budget limitations;

·    The responsibilities and job description of the delegate’s position.

 

Under section 380 of the Local Government Act 1993, Council is required to review all its delegations within the first year of its term. Council’s normal practice is to delegate broad authority to the General Manager, who then sub-delegates the necessary authority to Council staff to carry out their duties.

 

The proposed delegations by Council to the General Manager, Committees and other entities are shown in the appendices to this report and have been reviewed by staff within the Office of the General Manager. The General Manager, in addition to this has the authority to sub-delegate certain delegations that are considered appropriate to the relevant staff. The General Manager’s delegations to staff are continually reviewed and refined and changes to the delegations are ongoing.

 

The process for the General Manager to sub-delegate involves an assessment from the relevant Manager that is then reviewed by governance staff to ensure organisational consistency before being presented to the General Manager at regular intervals. A register of Delegations is maintained by staff within the Office of the General Manager and is made available for public inspection if requested and is also available to councillors at any time.

Background

 

Delegations of authority are the formal mechanisms by which the Council enables its officers to act on behalf of the Council. They are constructed to maximise the effectiveness and efficiency of Council’s operations, and administrative functions and processes. Staff that are responsible for a particular area of Council’s operation need authority to manage that responsibility. Without delegations of authority, all decisions currently made by Council staff would need to be made by Council itself, which would have a significant impact on Council’s ability to meet its statutory obligations and its objectives under the Operational Plan.

 

The conferring of management and administrative authority to appropriate offi