Agenda of Ordinary Meeting - Monday, 31 October 2022

UNCONFIRMED MINUTES OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD REMOTELY USING AUDIO VISUAL LINKS, AUDIO STREAMED ON THE COUNCIL WEBSITE AND IN THE COUNCIL CHAMBERS

ON MONDAY 26 SEPTEMBER 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 Adam Beggs, Governance Coordinator.

PRESENT

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

APOLOGIES

245 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marlene Shipley that the apologies received from Councillor Glenn Gardiner and Councillor Jim Aitken OAM be accepted.

CONFIRMATION OF MINUTES - Ordinary Meeting - 22 August 2022

246 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Rusev that the minutes of the Ordinary Meeting of 22 August 2022 be confirmed.

DECLARATIONS OF INTEREST

Councillor Ross Fowler OAM declared a Pecuniary Conflict of Interest – Significant in Item 5 - Voluntary Planning Agreement for 57 Henry Street, Penrith and Item 8 - Letter of Offer - 61-79 Henry Street Penrith, as he is a Director of the owner of the adjoining property. Councillor Ross Fowler OAM left the meeting during the consideration of these items and did not take part in discussion or voting on the issues.

Councillor Kevin Crameri OAM declared a Non-Pecuniary Interest – Less than Significant in Item 7 – Endorsement of the Rural Lands Strategy and in Question on Notice – Grading of Rural Gutters as he is a resident in the rural area of Llandilo.

Councillor Mark Rusev declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 - CBD Revitalisation Program - Round 2 Grant Update and Item 2 - Request for Major Event Sponsorship - Penrith CBD Corporation Limited, as he is on the Board of the Penrith CBD Corporation as Council’s representative. Councillor Mark Rusev stated that he will remain in the meeting during consideration of this item, but will not take part in discussion or voting on the issue.

Her Worship the Mayor, Councillor Tricia Hitchen declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 8 – Letter of Offer – 61-79 Henry Street, Penrith, as her son is a client of the company. Her Worship the Mayor, Councillor Tricia Hitchen remained in the meeting during consideration of this item.

SUSPENSION OF STANDING ORDERS

247 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:06pm.

Mr Christopher Brophy

Item 7 – Endorsement of Rural Lands Strategy

Mr Christopher Brophy, affected person and spokesperson of the Luddenham Collective spoke in opposition to the recommendation. Mr Brophy proposed that Council consider designating the 1.046 acre Luddenham rural land site as an Urban Investigation Area. He also outlined Council’s findings in relation to the Rural Lands Strategy. Mr Brophy then discussed the Western Sydney Aerotropolis Structure Plan.

Mr Matthew Borazio

Item 7 – Endorsement of Rural Lands Strategy

Mr Matthew Borazio, affected person spoke in opposition to the recommendation. Mr Borazio raised concerns regarding the lack of community awareness and consultation in regard to the endorsement of the Rural Lands Strategy. Mr Borazio expressed his objections towards the Rural Lands Strategy and proposed that Council remove the plans to impose a rural edge in the Mulgoa Plains area and consider alternative options.

Mr Nicholas Wilson

Item 7 – Endorsement of Rural Lands Strategy

Mr Nicholas Wilson, affected person spoke in opposition to the recommendation. Mr Wilson raised concerns regarding the lack of access to information relating to the Rural Lands Strategy for elderly residents. He also highlighted the minimal community engagement and awareness of the Rural Lands Study. Mr Wilson additionally emphasised the importance of gaining an understanding of rural residents and the general population of Penrith.

Mr Barrie Nesbitt

Item 7 – Endorsement of Rural Lands Strategy

Mr Barrie Nesbitt, affected person spoke in opposition to the recommendation. Mr Nesbitt initially raised concerns regarding the lack of community consultation and feedback. Mr Nesbitt expressed that a majority of residents do not support additional securing of the rural edge in the Mulgoa plains area.

Councillor Kevin Crameri OAM left the meeting, the time being 7:33pm.

Councillor Kevin Crameri OAM returned to the meeting, the time being 7:35pm.

RESUMPTION OF STANDING ORDERS

248 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev that Standing Orders be resumed, the time being 7:37pm.

Mayoral Minutes

1 The Passing of Queen Elizabeth II

249 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on The Passing of Queen Elizabeth II be received.

2 Mr Leigh Hartog Honoured Citizen of the City of Penrith

250 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on Mr Leigh Hartog Honoured Citizen of the City of Penrith be received.

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

251 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on Mr John Bateman OAM Honoured Citizen of the City of Penrith be received.

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

252 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney that the Mayoral Minute on Local Celebration Awards night and Council's 150 year anniversary event - a tremendous success be received.

5 Farewell to Council's General Manager, Warwick Winn

253 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on Farewell to Council's General Manager, Warwick Winn be received.

6 Go the Mighty Panthers!

254 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on Go the Mighty Panthers be received.

Notices of Motion

1 Removal of Culvert

A MOTION was moved by Councillor Kevin Crameri OAM seconded Councillor Sue Day 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.

255 An AMENDMENT was MOVED by Councillor John Thain seconded Councillor Bernard Bratusa that consideration of this matter be deferred until a report comes back to Council concerning the culvert.

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

Questions 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?

Note: A memo was circulated to all Councillors providing an update on this matter.

Reports of Committees

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

256 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Bernard Bratusa that the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 31 August, 2022 be adopted.

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

257 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 5 September, 2022 be adopted.

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

258 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Todd Carney 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

Procedural Motion

259 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Bernard Bratusa that Item 7 – Endorsement of Rural Lands Strategy, Item 17 – 2021-22 Draft Financial Statements and Item 15 – Election of Deputy Mayor now be brought forward for consideration.

Outcome 3 - We plan and shape our growing City

7 Endorsement of Rural Lands Strategy

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

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

Outcome 5 - We have open and collaborative leadership

17 2021-22 Draft Financial Statements

261 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM

That:

1. The information contained in the report on 2021-22 Draft Financial Statements be received.

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

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

b. The Financial Statements present fairly the Council's financial position as at 30 June 2022 and the operating result for the year then ended.

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

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

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

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

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

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

5. A further report be provided to the ARIC, and subject to endorsement from the ARIC,

6. The Financial Statements, be placed on public exhibition.

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

15 Election of Deputy Mayor

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.

The Returning Officer, General Manager, Warwick Winn indicated that he had received two (2) nominations for the position of Deputy Mayor and asked whether there were any other nominations. No other nominations were forthcoming.

The Returning Officer stated that the following nominations were in order:

Councillor Todd Carney

Councillor Kevin Crameri OAM

The Returning Officer then asked for voting by way of a show of hands, with the following result:

Councillor Todd Carney – 10 votes

Councillor Kevin Crameri OAM – 3 votes

The Returning Officer declared Councillor Todd Carney duly elected as Deputy Mayor for the 2022/2023 Term.

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

1 CBD Revitalisation Program - Round 2 Grant Update

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

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.

2 Request for Major Event Sponsorship - Penrith CBD Corporation Limited

263 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Marlene Shipley

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

Councillor John Thain left the meeting, the time being 8:41pm.

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.

264 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Rusev

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

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 Kevin Crameri OAM
Councillor Sue Day
Councillor Jonathan Pullen
Councillor Marlene Shipley
Councillor Ross Fowler OAM
Councillor Bernard Bratusa
Councillor Mark Rusev
Councillor Mark Davies
Councillor Tricia Hitchen

Councillor John Thain returned to the meeting, the time being 8:44pm.

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.

265 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney that the matter be deferred to the next Council meeting and taken to a Councillor Briefing to explain the conclusion that the Council Officers have come to, which is contrary to the Planning Panel’s recommendation.

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 John Thain
Councillor Robin Cook	Councillor Mark Davies
Councillor Todd Carney	Councillor Jonathan Pullen
Councillor Kevin Crameri OAM
Councillor Sue Day
Councillor Marlene Shipley
Councillor Ross Fowler OAM
Councillor Bernard Bratusa
Councillor Mark Rusev
Councillor Tricia Hitchen

Councillor Ross Fowler OAM left the meeting, the time being 8:44pm.

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.

266 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Robin Cook

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.

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 Kevin Crameri OAM
Councillor Robin Cook	Councillor Sue Day
Councillor Todd Carney
Councillor John Thain
Councillor Jonathan Pullen
Councillor Marlene Shipley
Councillor Bernard Bratusa
Councillor Mark Rusev
Councillor Mark Davies
Councillor Tricia Hitchen

8 Letter of Offer - 61-79 Henry Street Penrith

267 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Todd Carney

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.

Councillor Ross Fowler OAM returned to the meeting, the time being 8:47pm.

Councillor Jonathan Pullen left the meeting, the time being 8:48pm and did not return.

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.

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

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.

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 Jim Aitken OAM
Councillor Marlene Shipley
Councillor Glenn Gardiner
Councillor Bernard Bratusa
Councillor Mark Rusev
Councillor Mark Davies
Councillor Tricia Hitchen

9 Heritage Advisory Committee - Community Representatives

269 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor John Thain

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.

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

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

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.

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

271 RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Sue Day

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

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

272 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Sue Day

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.

13 RFT 22/23-04 Boronia Park Upgrade

273 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Sue Day

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.

14 RFT22/23-12 Ched Towns Landscaping

274 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Sue Day

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.

Outcome 5 - We have open and collaborative leadership

16 Review of Delegations

275 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Sue Day

That:

1. The information contained in the report on Review of Delegations be received

2. Council, in accordance with Section 377 of the Local Government Act 1993, approve the delegation of its functions and responsibilities under the Act and other Acts to the General Manager as listed in “Schedule 1 – Proposed Delegations of Authority to the General Manager” that is appended to this report.

3. Council, in accordance with Section 377 of the Local government Act 1993, delegate authority to Council’s committees, as shown in ”Schedule 2 – Delegations of Authority to Committees” that is appended to this report.

4. Council, in accordance with Section 377 of the Local Government Act 1993, delegate authority to the entities as listed in “Schedule 3 – Delegations of Authority to Other Entities” that is appended to this report.

5. Council’s Seal of Authority when required be placed on the Certificate of Identification for Officers with delegated authority under the Swimming Pools Act 1992.

18 2022-23 Financial Assistance Grant

276 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM

That:

1. The information contained in the report on 2022-23 Financial Assistance Grant be received.

2. The Budget be adjusted to reflect the revised Financial Assistance Grant as part of the September 2022 Quarterly Review.

19 Transfer of Land Titles - Regatta Park

277 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM

That:

1. The information contained in the report on Transfer of Land Titles - Regatta Park be received

2. Council note the boundary adjustments required by the NSW Government Proclamation 1963 and accepts the transfer of the following lands to Penrith City Council:

§ Lot 5 in DP 342116

§ Lots 1 & 2 in DP 1117991

§ Lot 16 in DP 1117951

§ Lots 7, 8, 10, 11 12, 13, 14, 15, 124, 125, 126 in DP 751662

§ Lot 57 in DP 204976

§ Lot B in DP 435464

3. Council retain the classification of the land as “Community” in accordance with s31 of the Local Government Act.

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

20 RFT 20/21-24 Bus Shelter Advertising

278 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM

That:

1. The information contained in the report on RFT 20/21-24 Bus Shelter Advertising be received

2. Council enter into a Licence Agreement with Claude Outdoor for Bus Shelter Advertising, Bus Shelter Supply and Maintenance for a period of 10 years.

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

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

279 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM

That:

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

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

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

URGENT BUSINESS

UB 1 NSW Rural Fire Service Women's Forum

Councillor Marlene Shipley requested that an amount of $3,400 be allocated in equal amounts from each Ward’s voted works to cover 50% of the cost of the NSW Rural Fire Service Cumberland and Macarthur District’s Women’s Forum to be held at Penrith Panthers on Saturday, 8 October 2022.

280 RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor Karen McKeown OAM that the matter be brought forward and dealt with as a matter of urgency.

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

281 RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor Karen McKeown OAM that an amount of $3,400 be allocated in equal amounts from each Ward’s voted works to cover 50% of the cost of the NSW Rural Fire Service Cumberland and Macarthur District’s Women’s Forum to be held at Penrith Panthers on Saturday, 8 October 2022.

UB 2 Request for Leave of Absence

Councillor Mark Davies requested Leave of Absence.

282 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marlene Shipley 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.

283 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marlene Shipley that leave of absence be granted to Councillor Mark Davies for the period provided.

Committee of the Whole

284 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Robin Cook that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:52pm.

1 Presence of the Public

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

Outcome 5

2 General Manager Recruitment

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 9:47pm and the Mayor reported that the Committee of the Whole met at 8:52pm on 26 September 2022, the following being present

Her Worship the Mayor, Councillor Tricia Hitchen, Deputy Mayor Councillor Todd Carney, and Councillors Bernard Bratusa, John Thain, Robin Cook, Kevin Crameri OAM, Mark Davies, Sue Day, Ross Fowler OAM, Karen McKeown OAM, 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 General Manager Recruitment

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Mark Davies

CW2 That:

1. The information contained in the report on General Manager Recruitment be received.

2. The Mayor, Tricia Hitchen, Deputy Mayor, Todd Carney and Councillors Mark Davies, Ross Fowler OAM and John Thain be appointed to the Selection Panel in accordance with the 23A Guidelines for the Appointment and Oversight of General Managers.

3. A report be brought back to the next Ordinary Council meeting detailing options for a suitably qualified independent female member to be included on the Selection Panel.

4. A further report be brought back to the next Council meeting on the General Manager recruitment process specifically detailing further options for the engagement of a consultant.

5. Council delegate authority to the Mayor to be able to negotiate a fixed term contract with the person identified in Committee of the Whole, to be the Acting General Manager until such time as Council appoints a permanent General Manager.

6. In the event the person identified in Committee of the Whole cannot be engaged prior to the current General Manager leaving, the Chief Governance Officer, Stephen Britten be appointed as the Acting General Manager until such time as the engagement outlined in resolution 5 is finalised.

ADOPTION OF Committee of the Whole

285 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies that the recommendations contained in the Committee of the Whole and shown as CW1 and CW2 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 9:47pm.

Ordinary Meeting 31 October 2022

REPORT AND RECOMMENDATIONS OF THE
Access Committee MEETING

HELD ON 14 September, 2022

PRESENT

Mayor Clr Tricia Hitchen (Chair), Clr Robin Cook, Jeni Pollard – Manager City Resilience, Matthew Roger, Farah Madon, Alan Windley, Carole Grayson, Karen McIntyre, Megan Whittaker – City Activation, Community and Place Manager, Kevin Brennan – City Economy and Marketing Manager, Allison Kyriakakis – Acting Community Resilience Coordinator, Marcela Hart – Community Capacity Lead, Natalie Wadwell – Community Capacity Officer, Michael Jackson – Design and Projects Manager, Rosemarie Canales – Architecture Supervisor, Craig Squires – Building Certification and Fire Safety Coordinator, Wendy Connell – Senior Development Assessment Planner, Sophie Davis – Acting Social Strategy Program Manager, Stacey Rossetto – City Marketing Coordinator, Sarah Dean – Library Services Manager, Monique Meehan – Manager – Community Programs, Carlie Ryan – City Strategy Manager.

APOLOGIES

Anthony Mulholland, Dianne Brookes.

CONFIRMATION OF MINUTES - Access Committee Meeting - 13 July 2022

The minutes of the Access Committee Meeting of 13 July 2022 were confirmed.

MATTERS ARISING FROM PREVIOUS MINUTES

GB7 New Ministers

The letters to Ministers Hon Bill Shorten and Hon Mark Butler were sent on 5 August 2022, to congratulate them on their new roles, introduce them to the Penrith Access Committee and make them aware of the Disability Inclusion Action Plan 2022-26.

DECLARATIONS OF INTEREST

There were no declarations of interest.

DELIVERY PROGRAM REPORTS

Outcome 4 - We manage and improve our built environment

4 Penrith Bus Stops Accessibility Compliance Report

Nik Proufas spoke to the Bus Stop Disability Discrimination Act Compliance Audit as requested in the June 2022 Access Committee meeting.

Some of the key areas included:

• Tactile Ground Surface Indicators

• Kerb Ramp

• Wheelchair Manoeuvrability

• Boarding point

• Appropriate clearances around existing shelters

The key outputs of the report were to identify a prioritised works program and recommendations regarding future bus shelter design. A proposed bus shelter design was presented to the Committee with resourcing scenarios. Concerns regarding the suitability of the proposed design were raised by some committee members, including the location and size of the wheelchair space and number of wheelchair spaces at each bus stop, and the seating design.

Two Committee members indicated they can be available to liaise directly with the project team as this work progresses. The Committee requested that when final designs are available that a further presentation is made to the Access Committee.

RECOMMENDED

That the information contained in the report on Penrith Bus Stops Accessibility Compliance Report be received.

5 Accessible Adult Change Facilities - Current Project Proposals

Michael Jackson and Rosemarie Canales spoke to the program of work for Adult Change Facilities. Rosemarie requested feedback from the Committee on the design for the Facility to be installed at the Civic Centre. First option provided 24-hour external access and the second option would provide internal access during Library opening hours. The Committee unanimously agreed that a 24-hour facility would be the preferred option.

Rosemarie detailed the difference between a Changing Place Facility and Adult Change Facility.

RECOMMENDED

That:

1. The information contained in the report on Accessible Adult Change Facilities - Current Project Proposals be received

2. The Access Committee provide advice on type of facility required for Penrith City Library and its orientation/hours of operation.

Outcome 3 - We plan and shape our growing City

3 Draft St Marys Town Centre Structure Plan on Exhibition

Carlie Ryan spoke to the Draft St Marys Town Centre Structure Plan which is currently on exhibition until 26 September 2022.

The Committee suggested to include a Heritage Walk within St Marys and audio description.

RECOMMENDED

That the information contained in the report on Draft St Marys Town Centre Structure Plan on Exhibition be received.

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

1 Update on the implementation of the Disability Inclusion Action Plan (DIAP) 2022-2026

Community Bus taking Bookings

The Committee received information in the Business Papers about the Community Bus resuming services after the COVID 19 pandemic shut down

Accessible Attractions Flyer and Blog

Stacey Rossetto spoke to Council’s tourism website/blog and accessible visitor guide. The team are looking for input and feedback from committee members for suggestions on inclusions into the guide and blog. A suggestion was made to look at including not only accessible venues but also details on how to get to the venues via accessible means.

Census Data Update

Sophie Davis provided an update on the 2020/21 Census Highlights.

The Committee noted the limitations of the data, such as informal unpaid support that families do.

30-year Anniversary Civic Event

Allison Kyriakakis spoke to the planned afternoon tea for the 30-year Anniversary of the Access Committee and launch of the DIAP.

RECOMMENDED

That the information contained in the report on Update on the implementation of the Disability Inclusion Action Plan (DIAP) 2022-2026 be received.

Outcome 3 - We plan and shape our growing City

2 Development Applications referred to Access Committee

DA22/0545 18-22 Ransley Street and 123 Mulgoa Road, Penrith Staged Construction of Mixed Use Residential & Retail Development including Four (4) Buildings (5 to 14 Storeys), 335 Residential Apartments, 19 Retail Premises, Two (2) Levels of Basement Car Parking, Ground Level Car Parking & Associated Site Works

Wendy Connell spoke to the current development application regarding Stage 4 and 5 of the Panthers precinct. The development wraps around the existing lake and includes four buildings ranging from 5-14 storeys and includes a mix of residential apartments, retails premises, two levels of basement car parking, ground level parking and associated site works (i.e., landscaping and stormwater works).

Issues discussed by the committee included:

• Inclusion of an adult change space

• Concerns regarding stepped entry points

• Concerns regarding the lack of accessible toilets in some buildings and the layout of the proposed facilities in other buildings

RECOMMENDED

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

GENERAL BUSINESS

GB 1 Submission to Transport for NSW regarding the bus stop between Parker Street and Barber Avenue Penrith

Matt Roger forwarded Council’s response to the redevelopment team and will continue to advocate through the Nepean Hospital Redevelopment Consumer Committee to Transport for NSW.

GB 2 Request for the Access Committee to support an update to the Australian Standard for Adaptable Housing

Farah Madon requested that Council prepare a letter of support and send it through to the Association of Consultants and Access. Megan Whittaker advised that a letter of support is currently being prepared.

GB 3 Autonomous Vehicle Trial

Matt Roger advised that both he and Karen McIntrye are participating in an autonomous vehicle/bus trial and focus group, including the use of different apps, such as visual navigation apps.

GB 4 NAIDOC Celebration

Dianne Brookes sent through a request that Committee members be reminded of the upcoming NAIDOC event at Jason Park on 7 October 2022. Please share this information with your networks.

There being no further business the Chairperson declared the meeting closed the time being 6.34pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 14 September, 2022 be adopted.

Ordinary Meeting 31 October 2022

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 10 October, 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) and Peter Bache – Transport for NSW (TfNSW).

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, 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

Councillor Karen McKeown OAM (Council Representative), Raymond Tran – Transport for NSW (TfNSW), Sergeant Stephen Page - Nepean Police Area Command (PAC) and Lalaine Malaluan – Traffic Engineer.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 5 September 2022

The minutes of the Local Traffic Committee Meeting of 5 September 2022 were confirmed.

DECLARATIONS OF INTEREST

Nil.

DELIVERY PROGRAM REPORTS

Outcome 4 - We manage and improve our built environment

1 Draft Pedestrian Crossing Guideline (2022) for Internal Staff Use within the Penrith LGA

Mayor Tricia Hitchen (Representative for the Member of Penrith) thanked the Traffic Engineering Team for this document as it was important to understand the need for warrants for pedestrian crossings and this clarifies the requirements..

Peter Bache – Transport for NSW (TfNSW) sought the items to be moved to general business prior to the meeting as it was not considered LTC items as no delegated function was exercised. This item was unable to be moved to general business due to the late nature of the request. TfNSW would have been fully supportive of these items in the general business part of the meeting where technical advice and discussion could have added value to the proposed internal Council documents.

RECOMMENDED

That:

1. The information contained in the report on Draft Pedestrian Crossing Guideline (2022) for Internal Staff Use within the Penrith LGA be received.

2. The Draft Pedestrian Crossing Guideline (2022) be endorsed for internal use only for the purpose of assessing the application of new pedestrian crossings on local roads within the Penrith LGA.

2 Assessment and Prioritisation of Raised Children's Crossings in the Penrith LGA

RECOMMENDED

That:

1. The information contained in the report on Assessment and Prioritisation of Raised Children's Crossings in the Penrith LGA be received.

2. Following the assessment of the pedestrian facilities within the school zones, a further report outlining the proposed upgrades of these assets will be considered through a business case seeking appropriate resources and funding allocation. Council’s Traffic Section will also seek funding via grant applications including the NSW Government’s Get Active program.

3 Penrith Christmas Tree Lighting Event - Friday, 18 November 2022

RECOMMENDED

That:

1. The information contained in the report on Penrith Christmas Tree Lighting Event - Friday, 18 November 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. Approval be given for the temporary closure of the following streets between 2.00pm and 11.00pm on Friday, 18 November 2022:

· High Street, between Station Street and Castlereagh Street (closes at 3pm);

· Union Lane, between Station Street and Woodriff Street;

· Woodriff Street, between High Street and Tindale Street (allowing access to Judges Place car park and Astina); and

· Masters Place car park exit to Woodriff Street.

4. The Traffic Management Plan for the Christmas Tree Lighting Event on 18 November 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 and Traffic Management Centre 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 event applicant arranges an information letterbox drop and personal communication to all business proprietors, property owners/tenants, residents and other occupants in the affected streets two weeks prior to the event. Any concerns or requirements must be resolved by the applicant.

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, 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 provides advice to Council prior to the event that the event complies with the NSW Work Health and Safety Act 2011 and Work Health and Safety Regulations 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 one week 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) Signposting advising the date and time of all closures be provided by the event organiser and be provided two weeks prior to the event.

j) The event applicant notifies the Ambulance Service of NSW, fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Service of the proposed event and submits a copy of the notification to Council prior to the event.

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

l) 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.

m) The event applicant ensures that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulations 2017.

5. Any 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 be considered as Council’s authorisation to regulate traffic on Council’s roads.

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

4 Sunflower Drive and Gagoor Close, Claremont Meadows - Proposed Sign and Line Marking Plan within the School Zone of Claremont Meadows Public School

RECOMMENDED

That:

1. The information contained in the report on Sunflower Drive and Gagoor Close, Claremont Meadows - Proposed Sign and Line Marking Plan within the School Zone of Claremont Meadows Public School be received.

2. Consultation be undertaken with the affected properties and school, regarding the proposed line marking and ‘No Stopping’ restrictions as illustrated in Appendix 1 (Plan TS0139 dated August 2022).

3. Subject to no substantial objections being received, the proposed Signage and Line Marking Plan be installed as shown in Appendix 1.

4. Council’s Rangers, the Principal and the customer that reported the matter be advised of Council’s resolution.

5 Glenmore Park Shopping Centre - Glenmore Ridge Drive, Glenmore Park - Endorsement of Signage and Line Marking Plans

Peter Bache – Transport for NSW (TfNSW) raised an issue of delineation on the approach to the pedestrian refuges. Kablan Mowad – Senior Traffic Engineer advised he will confirm with the Developer and adjust as required.

Ben Cantor – Busways queried whether the existing bus stops on Darug Avenue south of Deerubbin Drive were being impacted by this proposal as Busways were aware of a proposed pedestrian crossing in this location. Joshua Hull – Traffic Engineering Coordinator advised that the pedestrian crossing in question was associated with the signage and line marking plans for Mulgoa Rise Public School which were being presented at Item 9 in the agenda and address the concerns raised. Ben also noted that these bus stops were recently upgraded with new wayfinding signage and that the relocation of these bus stops would need to comply with the new design requirements for bus stop signage.

RECOMMENDED

That:

1. The information contained in the report on Glenmore Park Shopping Centre - Glenmore Ridge Drive, Glenmore Park - Endorsement of Signage and Line Marking Plans be received.

2. The signage and line marking plans prepared by Capital Engineering Consultants, Project No. SW21360, Drawing No. CW027, CW028, CW029, CW030, CW031 and CW032, Rev 4, dated 18/08/2022, be endorsed for installation, as shown in Appendix 1.

3. All works associated with the implementation of the signposting and line marking shall be undertaken by the applicant in accordance with Section 8 of 8 of Council’s Engineering Construction Specification for Civil Works and Council standard drawings SD1006/1 and SD1006/2 and be at no cost to Council.

4. A street lighting assessment be conducted by the applicant in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category for the raised pedestrian crossings and pedestrian refuges. All lighting upgrades are to be undertaken at the developer’s cost.

5. Council’s Development Engineers and the applicant be advised of Council’s resolution.

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

7. Council’s Ranger Services be advised of Council’s resolution.

6 Lakeside Parade, Jordan Springs - Proposed Raised (Wombat) Pedestrian Crossing

Peter Bache – Transport for NSW (TfNSW) queried if Council were incorporating a Children’s Crossing as it has hold lines. Philip Saverimuttu – Senior Traffic Engineer advised that it is a Wombat Crossing but will look to remove the lines prior to consultation and discussion with the Consultant.

RECOMMENDED

That:

1. The information contained in the report on Lakeside Parade, Jordan Springs - Proposed Raised (Wombat) Pedestrian Crossing be endorsed for consultation.

2. Consultation be undertaken with Jordan Springs Public School, the Jordan Springs Technical Working Group members, and the affected properties regarding the proposed raised pedestrian (wombat) crossing as shown in Concept Design and Signage and Line Marking Plan Drawing No.’s 300303627-01-01 and 300303627-01-02 dated 6 September 2022, as shown in Appendix 1.

3. Subject to no substantial objections being received, the consultant working for School Infrastructure NSW (SINSW) prepare detailed design plans for the raised pedestrian (wombat) crossing to be referred to the Local Traffic Committee for final endorsement.

4. The NSW Department of Education lodge a Section 138 Roads Act application with Council’s Development Engineering Section to progress the necessary permits and approvals as part of the detailed design and construction process, including payment of application and inspection fees together with any applicable bonds.

5. A street lighting assessment be conducted by the applicant in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category and AS1158.

6. All costs shall be borne by the applicant as part of works associated with State Significant Development SSD9354, Jordan Springs Primary School Stage 2.

7 Coombes Drive, Penrith - Proposed Signage and Line Marking

RECOMMENDED

That:

1. The information contained in the report on Coombes Drive, Penrith - Proposed Signage and Line Marking be received.

2. Consultation be undertaken with affected properties along Coombes Drive, Penrith, where ‘No Stopping’ signs are proposed to be installed.

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

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

8 Trinity Drive, Cambridge Gardens - Proposed Conversion of Raised Children's Crossing to Raised (Wombat) Pedestrian Crossing and Provision of 'Bus Zones' within the Cambridge Gardens School Zone

RECOMMENDED

That:

1. The information contained in the report on Trinity Drive, Cambridge Gardens - Proposed Conversion of Raised Children's Crossing to Raised (Wombat) Pedestrian Crossing and Provision of 'Bus Zones' within the Cambridge Gardens School Zone be received.

2. Affected properties be notified of the proposed installation of ‘Bus Zone’ signage on Trinity Drive, Cambridge Gardens, as shown in Appendix 1.

3. Following notification to affected properties, the ‘Bus Zone’ signage be installed on Trinity Drive, Cambridge Gardens, as shown in Appendix 1.

4. The proposed raised pedestrian crossing and associated signage and line marking be listed to Council’s Traffic Facilities Prioritisation Program to be implemented once funding is obtained.

5. Once funding for the raised pedestrian crossing is obtained, the concept design, as shown in Appendix 1, be forwarded to Council’s Design Team for detailed design and construction estimates, with a further report submitted to the Local Traffic Committee for the detailed design plan finalisation and endorsement for construction.

6. 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 Trinity Drive to improve pedestrian accessibility and amenity after crossing.

7. The residents who reported the matter, Cambridge Gardens Public School, Rainbow Cottage Childcare Centre and Council’s Rangers be advised of Council’s resolution.

9 Mulgoa Rise Public School - Deerubbin Drive, Glenmore Park - Endorsement of Signage and Line Marking Plans

Peter Bache – Transport for NSW (TfNSW) queried the lines for the crossing on Forestwood Drive. Kablan Mowad – Senior Traffic Engineer advised it is to ensure provision for later construction if the applicant decides to convert it to a Children’s Crossing in the future.

RECOMMENDED

That:

1. The information contained in the report on Mulgoa Rise Public School - Deerubbin Drive, Glenmore Park - Endorsement of Signage and Line Marking Plans be received.

2. The signage and line marking plans prepared by PTC, Project KB - 2840, Drawing No. ptc-002 and ptc-007 Rev 4, dated 02/09/22, be endorsed for installation, as shown in Appendix 1, subject to the proposed ‘No Stopping’ sign currently shown 28m east of the raised pedestrian crossing on the southern side of Forestwood Drive being changed to be installed 15m east of the crossing immediately adjacent to the eastern side of the driveway to No. 46 Forestwood Drive.

4. A street lighting assessment be conducted by the applicant in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category for the raised pedestrian crossings. All lighting upgrades are to be undertaken at the developer’s cost.

5. Council’s Development Engineers and the applicant be advised of Council’s resolution.

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

7. Council’s Ranger Services be advised of Council’s resolution.

10 Judges Park Car Park - Woodriff Street, Penrith - Proposed 'No Stopping' Restrictions and Associated Line Marking

RECOMMENDED

That:

1. The information contained in the report on Judges Park Car Park - Woodriff Street, Penrith - Proposed 'No Stopping' Restrictions and Associated Line Marking be received.

2. The Penrith Bowling Club be notified of the proposed ‘No Stopping’ signage and associated line marking, as shown in Appendix 1.

3. Following notification to the Penrith Bowling Club, the ‘No Stopping’ signage and associated line marking be implemented at the Woodriff Street Car Park, Penrith, as shown in Appendix 1.

4. Council’s Ranger Services and Council’s Civil Works team be advised of Council’s resolution.

11 Station Street, Penrith – Removal of ‘No Parking’ Restrictions and Adjustments to Marked Parking Bays

RECOMMENDED

That:

1. The information contained in the report on Station Street, Penrith – Removal of ‘No Parking’ Restrictions and Adjustments to Marked Parking Bays be received.

2. The signage and line marking measures shown in Appendix 1, including the removal of ‘No Parking’ restrictions and adjustment to the marked parking bays, be installed.

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

4. The Project Manager of Council’s City Park project be notified of these changes.

12 Glengarry Drive, Glenmore Park - Consultation Feedback on Proposed Speed Humps

RECOMMENDED

That:

1. The information contained in the report on Glengarry Drive, Glenmore Park - Consultation Feedback on Proposed Speed Humps be received.

2. Residents who made objections be advised of Council’s resolution.

3. The proposed speed humps presented to the Local Traffic Committee at its meeting on 6 June 2022 and endorsed by Council at its Ordinary Meeting on 27 June 2022, as shown in Appendix 1, be endorsed for installation, with funding provided from the LTC / Urgent Traffic Facilities budget.

13 Regatta Park Upgrade - Endorsement of Construction Traffic Management Plan (CTMP) for Tie in Works Temporarily Affecting Traffic Flow

Peter Bache – Transport for NSW (TfNSW) advised due to the works on the Great Western Highway, TfNSW will need some lead time as the CTMP will need to be reviewed internally. Joshua Hull – Traffic Engineering Coordinator advised he will convey this to Council’s Design and Projects team.

RECOMMENDED

That:

1. The information contained in the report on Regatta Park Upgrade - Endorsement of Construction Traffic Management Plan (CTMP) for Tie in Works Temporarily Affecting Traffic Flow be received.

2. A separate approval be obtained from Transport for NSW prior to commencement of works.

3. Any comments from Council’s Traffic Engineering section and Local Traffic Committee be incorporated into the Construction Traffic Management Plan (CTMP). An amended CTMP be submitted to Local Traffic Committee members prior to commencement of works.

4. Emergency services and bus operators be advised of the road temporary closures.

5. Council’s Major Projects section ensures that notification with affected businesses and properties is undertaken.

14 Collins Street, St Marys - Proposed Sign and Line Marking Plan

Peter Bache – Transport for NSW (TfNSW) queried if we have considered if someone will park on the refuge. Liam Warda – Trainee Engineer advised we did consider it but the only vehicle that will fit is a motorcycle so we trust that people will not park there. Joshua Hull – Traffic Engineering Coordinator advised we will monitor the parking.

RECOMMENDED

That:

1. The information contained in the report on Collins Street, St Marys - Proposed Sign and Line Marking Plan be received.

2. The ‘No Stopping’ signage be removed, and line marking updated on Collins Street, St Marys, as shown in Appendix 1.

3. Council’s Rangers and the customer who raised this matter be advised of Council’s resolution.

GENERAL BUSINESS

Nil.

There being no further business the Chairperson declared the meeting closed the time being 10.11am.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 10 October, 2022 be adopted.

Ordinary Meeting 31 October 2022

Community Events and Activations Outcomes and Upcoming Program

Compiled by: 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	Enhance community wellbeing, safety and neighbourhood amenity
Principal Activity	Work in partnership to support the revitalisation of the Penrith, St Marys and Kingswood centres

Executive Summary

This report provides a summary of the outcomes of key community events and activations delivered by Council between May and September 2022 and outlines the program of community events and activations planned for delivery between October and December 2022, including the ROAM Festival.

Council delivers events and activations that seek to drive social and economic outcomes for our community and businesses.

Council has delivered 11 key community events and activations during the period May to September 2022. This has included 3 events as part of Open Streets Penrith and 4 events as part of St Marys Lights Up, 3 activations within Wainwright Park Kingswood as part of a Meet Me in the Park program and a Grand Final Live Site at St Marys.

Between October and December 2022, Council is working to deliver 39 events and activations within Penrith CBD and St Marys, from live music in public places at lunchtimes through to the ROAM Festival held over 2 days. These activities seek to strengthen community connections, support celebration and vibrancy in our centres, and increase foot traffic and patronage for local businesses.

In May this year, Councillors were advised by memo on 11 May 2022 of the postponement of the 2022 REAL Festival due to works commencing in Tench Reserve. Councillors were further advised of the details of the ROAM Festival by memo on 2^nd September 2022. This report will provide further details on the Festival to be held on 26 and 27 November in the Penrith City Centre.

In addition to this, Council continues to support the St Marys Town Centre (SMTC) and Penrith CBD Corporations as they deliver events to the community in the lead up to the busy Christmas trading period.

This report recommends the information contained in the report on Community Events and Activations Outcomes and Upcoming Program be received.

Background

Council delivers events and activations that seek to drive social and economic outcomes for our community and businesses. For community, this includes delivering opportunities for people to build connections to each other and to their neighbourhoods and Penrith City, and to celebrate and have fun. For businesses, this includes creating vibrancy in our centres and delivering events and activations that increase foot traffic and patronage.

Community Events and Activations May – September 2022

Council has delivered 11 key events and activations during the period May – September 2022. Outcomes of these are detailed further below.

Open Streets Penrith and St Marys Lights Up – DPE Festival of Open Streets Program

In December 2021, Council secured grant funding of $500,000 from NSW Department of Planning and Environment’s Festival of Place, Open Streets Program to deliver a series of events and activations in Penrith City Centre and St Marys Town Centre to support business recovery from the effects of the COVID-19 pandemic. The Festival of Place Open Streets Program has provided funding to each of the 12 former ‘LGAs of concern’, as well as the City of Sydney, who were subject to tougher stay-at-home orders during the extended COVID-19 lockdown in 2021.

Council worked closely with DPE on the development of the program along with the St Marys Town Centre Corporation and the Penrith CBD Corporation.

In May 2022, a total of 7 events took place 2022 in the Penrith City Centre (Open

Streets Penrith) and St Marys Town Centre (St Marys Lights Up). The events attracted up to

24,000 attendees and provided the community and visitors opportunity to enjoy an inclusive, relaxed and celebratory event.

Open Streets Penrith

Woodriff Street, Masters Place and Masters Place Carpark were closed to cars and opened to the community for 3 consecutive Fridays in May from 6pm to 10pm for a street party style program of drinks, food, DJs, and world-class comedy acts. Woodriff Street was closed between High Street to Union Lane.

Council partnered with 20 restaurants in High Street to promote the discovery of the city

centre. Attendees were encouraged to grab takeaway from participating restaurants and

dine alfresco at the long table in Woodriff Street and Masters Place. Dessert food trucks

supported the dining experience for people to grab a sweet treat after purchasing takeaway

from the local restaurants.

The event space was themed neon, including a neon DJ deck table, projection lights on

a wall, neon shipping container bar, neon tree branch lighting, tubes and seating cubes

creating a vibrant atmosphere in the city centre.

Art activities and installations sparked curiosity amongst the community. At the long

table, attendees could colour-in place mats designed by Western Sydney aerosol and street

art artist, Sam Absurd. The place mats envisioned all things Penrith, providing a sense

of connection to place. Additionally, Sam Absurd amused the crowd through live art

across the 3 nights, spray painting an "Open Streets Penrith" mural. Artist, Melissa Carey,

dressed a tree with illuminated leaves made from recycled material. The art installation,

the Illuminated Forest, tells a story of the forest that shimmers in the day and becomes

illuminated at night.

St Marys Lights Up

Kokoda Carpark, bordered by two road closures in West Lane and Crana Street, was

transformed into an ambient festival environment for 4 consecutive Saturdays in May from

3pm to 9pm. Kokoda carpark included a dining area between two clusters of food trucks, an outdoor bar, pop-up green space and main stage for headline performers.

The festival space extended to Coachmans Park featuring a permanent stage allowing

for live music. St Marys Lights Up supported the pedestrian connection between Kokoda

Carpark and Coachmans Park to main high street, Queen Street in St Marys.

Pop-up laneway performers acted as a guide to support the walkability along Queen Street businesses and restaurants.

A pop-up green space was trialled throughout the month of May, re-claiming 10 car spaces

in Kokoda Carpark to better improve the connection between existing public spaces

including Coachmans Park linking to Kokoda Park with lighting and wayfinding during the

event activation period.

A picture containing tree, outdoor, plant, sprinkler system

Description automatically generated

St Marys Lights Up – Pop Up Park

Each night provided a different offering of entertainment. This included roving performers,

dancing mirror tigers, inflatable games, kids entertainment, fire performers, and African

drummers. Council partnered with Cassandra’s on the Park, a local cafe and bar in St Marys to license an outdoor bar in Kokoda carpark.

Event Outcomes

This event series was well received by the community and delivered social and economic outcomes for residents and businesses:

· 24,000 people attended across the 7 events:

o 6,000 at 3 events in Penrith CBD

o 18,000 at 4 events in St Marys

· High Street trade was reported up 40% on average on event nights

· Of surveyed attendees:

o 100% would attend a similar event in the future

o 50% would not have come into the CBD if it were not for the event

o 70% purchased locally

· St Marys Lights Up employed 340 people including supplier/contractors, performers/creatives and food vendors over the 4 nights

At St Marys, the pop-up park in Kokoda Place Car Park proved a great success and was kept in place for a further month following the event, demonstrating the desire from the community for more gathering and meeting space within the town centre. St Marys Lights Up also provided ‘proof of concept’ for night-time events in St Marys, being well received by the community and delivered without incident.

Events in the Penrith CBD targeted at the 18-35 years market still strongly attracted families and older people, above expectation. The partial closure of Woodriff Street and takeover of Masters Place Car Park completely changed and increased the public domain space and worked effectively for this style of event, giving confidence for using this space again for future CBD events.

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Open Streets Penrith – Long Table

Meet Me In The Park – Wainwright Park, Kingswood - DPE Project

The Streets as Shared Spaces project, funded by the NSW Department of Planning and Environment, supported the piloting of new innovative ideas for streets as shared public spaces that temporarily adapt streets to support healthier, safer and more resilient communities. Temporary measures were made to Wainwright Park Kingswood to support immediate community needs and test and build the case for more permanent changes. Along with these temporary capital improvements, an activation program, “Meet Me in the Park”, was delivered.

These events built on the success of previous programs in Kingswood identified by the Think Bold Place Plan and extensive engagement through the Neighbourhood Renewal Program in delivery of programs such as Bright Nights Kingswood.

Four Meet Me in the Park activations were planned to provide the Kingswood community a safe place to connect, reflect and create through placemaking activities and workshops. The program commenced in June and ran monthly up until and including August 2022. The last planned activation in September was cancelled due to weather impacts on the site.

Outcomes

Approximately 600 people in total attended across the 3 Meet me in the Park events.

The program launch occurred on 18 June 2022 and attracted approximately 300 people making use of the temporary parklet seating located in front of Kingswood Neighbourhood Centre on Bringelly Rd.

The second Meet Me in the Park event took place on Saturday 30 July 2022, with over 200 members of the Kingswood community attending, which activated the newly-installed kitchen container.

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Meet me in the Park Event

On Saturday 27 August, the community were invited to an Aboriginal garden planting workshop led by Richard Burrell and Wayne Cornish from local First Nations organisation, Muru Mittigar. Wayne Cornish performed an Acknowledgement of Country and spoke of a story of the sun representing women, and the importance of looking after the women in our lives.

Richard Burrell provided a talk about each native plant, including its origins, care, and its use for cooking. The community were intrigued and asked questions which provided an open learning opportunity about Aboriginal culture through native plants and bush tucker. Over 30 people from all ages and backgrounds participated in planting the nine garden beds in Wainwright Park with midgen berries, native thyme, river mint, apple berry and yam daisies. Approximately 100 people attended the day across all of the activities and enjoyed the opportunity to connect with neighbours.

The final September Meet Me in the Park series, cancelled due to weather impacts, was to be a free outdoor movie screening.

Local residents have enjoyed the benefits of this program that have included greater interaction and opportunities to meet, connection to local Aboriginal stories and culture, access to free and informative activities in a natural environment while local businesses have also benefited from increased activity in this area.

St Marys Grand Final Live Site

To provide the community an opportunity to connect and celebrate the success of the Penrith Panthers this season, Council created a live site for the screening of the 2022 NRL Grand Final on two large outdoor screens in the St Marys Town Centre at Kokoda Place Car Park and Coachman’s Park.

Held between 3.30pm – 10pm on Sunday 2 October 2022, the event was promoted as a family friendly, no alcohol event. Entry was free for our community and ticketed via Eventbrite to control numbers and ensure a safe event.

In order to facilitate the event, a number of temporary road changes had to be put in place within the St Marys Town Centre. The activation site had a number of food and dessert options, kid’s face painting and a football throwing activity.

Council worked with the St Marys Town Centre Corporation to maximise opportunities for local businesses to capitalise on higher foot traffic in the Town Centre on the night of the event.

Outcomes

Approximately 270 tickets were redeemed through the Eventbrite system prior to the event night, with some additional attendees arriving at the gates throughout the day and evening. The event attracted groups of young people and groups of families primarily, who were meeting together to watch and celebrate. The provision of an alcohol-free event was identified as an attractor for some who attended.

Within a very short timeframe, Council engaged and worked effectively with Nepean Area Command (NAC), Busways, Roads and Maritime Services, St Marys Village and the St Marys Town Centre Corporation on the development and coordination of this event.

Feedback received from Nepean Area Command identified this was a well-planned and well-run event. There were only 2 (minor) incidents on the night requiring Police intervention.

Feedback received by staff from attendees on the night indicated their pleasure at having this opportunity local to them, the size of the screen and the space to meet easily with others in a positive atmosphere.

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Upcoming Events and Activations October – December 2022

Between October and December 2022 Council is working to deliver 39 events and activations within Penrith CBD and St Marys of diverse activity and scale. Council will continue to support the St Marys Town Centre (SMTC) and Penrith CBD Corporations as they deliver events to the community.

St Marys Cinema Series

A series of 3 free family friendly movie activations will be held at St Marys, utilising the LED screen in Coachman’s Park. The activations will run from 6pm – 9pm and will provide opportunities for people to meet and connect, and for businesses to benefit from increased pedestrian movements within the town centre. The themes activations will be held Friday 28 October, Saturday 19 November and Saturday 17 December and have attracted positive attention on social media.

Lunchtime Tunes

Lunchtime Tunes, an informal outdoor activation program, has been running for over three years and seeks to enliven urban spaces and support access to free, live music within Penrith City Centre and St Marys Town Centre.

This weekly relaxed music program will recommence in October 2022 and run for 11 weeks across three locations showcasing a range of local artists. Professional musicians will perform in our outdoor spaces and deliver a total of 33 events as follows:

• Memory Park, Penrith every Tuesday from 12-2pm

• Coachmans Park, St Marys every Wednesday from 11am to 1pm

• Triangle Park, Penrith every Friday from 12-2pm

This casual program helps to animate the street and outdoor dining precincts with passing pedestrian foot traffic, which also assists local businesses, and encourages people to dwell and relax in the urban parks at lunchtime.

ROAM – Penrith CBD

Council’s annual flagship REAL Festival has been postponed for 2022 due to the significant capital works being delivered by the NSW Government at Tench Reserve. Councillors were advised via memo on 11 May 2022 that the works, whilst welcome in the precinct, would mean that the REAL Festival would be impacted.

Councillors were further advised via a memo dated 2 September 2022 that the ROAM Festival would be held in the Penrith City Centre in place of REAL.

ROAM will be delivered over 2 days, Saturday 26 and Sunday 27 November to provide a major event experience in the Penrith LGA, focused on supporting visitation to the City Centre, activation of key public spaces, as well as supporting and highlighting local businesses in the lead-up to the Christmas trading period. As the name implies, the Festival invites people to roam the centre spaces and places.

The 2-day ROAM event will feature a series of activations throughout the City Centre, including food and dessert trucks, art installations, music performances, artmaking and workshops, family-friendly activities as well as curated in-venue experiences within local businesses. The event will operate from 5pm to 10pm on Saturday and 11am to 9pm, Sunday with activities in Triangle Park, High Street (between Riley Street and Woodriff Street) and Woodriff Street (between High Street and Union Lane).

Through the event, Council seeks to encourage foot traffic and discovery of the City Centre, promote local businesses, engage with the local creative sector and program art content commissioned from numerous local artists. A night program will run on Saturday to support Penrith CBD’s night-time economy, with a Sunday day program to stimulate visitation to the city centre on Sundays which are typically quieter.

Staff are working closely with the Penrith CBD Corporation and local businesses on the development of the event program in order to maximise local business and community benefit.

Penrith Producers

This popular market style event will be held Friday 2 December from 6pm to 10pm at Triangle Park. It will feature food and produce stalls celebrating and promoting the best of a curated array of Penrith makers, live performances and art making activities. This is a free and inclusive event. People can attend and bring their own food while soaking up the live performances or enjoy something from a nearby venue or food truck provider.

Penrith Christmas Cinema

While St Marys will be enjoying the cinema series in Coachman’s Park, planning is underway for the first screening to be held in Triangle Park on Friday 9 December. Council will trial a movie activation in this space, which will include food and children’s activities. This is a free, family focused event.

Events and Activations delivered by the Town Centre Corporations

In addition to the events and activations that Council will be delivering, the Centre Corporations both have a number of events in the pipeline. St Marys Towns Centre Corporation are running their annual and highly successful, Halloween Trick or Treat Trail on Saturday 29 October. Council understands additional events for the remainder of the year are currently being programmed.

Penrith CBD Corporation will be running their Community Tree Lighting event on Friday 18 November involving the tree lighting and festive children’s activities. This event is much anticipated particularly after a number of years of restrictions and modified activities.

Council continues to work closely with Corporations on their events program to ensure our activation program to end of year complements and enhances the Corporation's efforts.

Financial Implications

Delivery of events and activations between October to December 2022 will be funded through existing City Activation, Community and Place budgets included in the 2022-23 Operational Plan.

Risk Implications

All risks associated with the delivery of events and activations will be addressed through comprehensive risk management plans in line with Council policy and procedures to minimise risk to residents, businesses and staff.

Conclusion

Council delivers events and activations to support social and economic outcomes for our community and businesses.

From May to September 2022 Council delivered 11 key community events and activations, from large scale major events such as St Marys Lights Up and Open Streets Penrith that increased foot traffic in town centres and additional spend within local businesses, to local neighbourhood activations including the St Marys Grand Final Live Site and the Meet me in the Park series at Kingswood, where local residents have enjoyed the benefits of greater interaction and opportunities to meet and celebrate, connecting to local Aboriginal stories and culture, and access to free and informative activities.

Between October and December 2022 Council is working to deliver events and activations within Penrith CBD and St Marys, made up of a 2-day major event, ROAM ,and other activations including Christmas focused events.

In addition to this, Council will continue to support the St Marys Town Centre and Penrith CBD Corporations as they deliver events to the community.

These events and activations all contribute to a great sense of community whilst building vibrancy and activity in our centres and meeting places.

RECOMMENDATION

That the information contained in the report on Community Events and Activations Outcomes and Upcoming Program be received.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 31 October 2022

Submission on Draft Consultation and Engagement Framework for Greater Sydney Parklands – Including nomination of a local Council representative for the new Fernhill Estate Community Trustee Board

Compiled by: Fiona McDermott, Urban Strategist

Marianna Kucic, Urban Strategist

Authorised by: 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 submission to Fernhill Estate Future Use Options Paper - Ordinary Meeting - 23 Mar 2020

Submission to draft Fernhill Estate Plan of Management 2030 - Ordinary Meeting - 22 Feb 2021

Submission to Greater Sydney Parklands Trust Bill 2021 - Ordinary Meeting - 25 Oct 2021

Submission to the Fernhill Estate Draft Landscape Masterplan - Ordinary Meeting - 21 Feb 2022

Draft Consultation and Engagement Framework and establishment of a new community trustee board for Fernhill Estate - Councillor Briefing - 10 Oct 2022

Executive Summary

The purpose of this report is to seek Council’s endorsement of a submission on the Draft Consultation and Engagement Framework for the Greater Sydney Parklands, including nomination of a local Council representative to the new Fernhill Estate Community Trustee Board.

The Draft Consultation and Engagement Framework (Attachment 1) has been prepared by the NSW Government (Greater Sydney Parklands agency) and was released for public exhibition from 13 September to 10 October 2022. It sets out Greater Sydney Parklands’ approach to communications, engagement and advocacy, and includes the establishment of a new Community Trustee Board for Fernhill Estate as one mechanism for ongoing engagement with stakeholders and the local community.

As part of the exhibition process, Council is encouraged to nominate a local community representative for the new Fernhill Estate Community Trustee Board. Council previously requested the appointment of a local Council representative to the Board in its submission to the Greater Sydney Parklands Trust Bill 2021.

To allow for a submission to be considered and endorsed at an Ordinary Meeting (including formal nomination of a local Council representative to the Fernhill Board) Greater Sydney Parklands has agreed to receive a submission from Council as soon as possible after the Ordinary Meeting.

Councillors have been updated in relation to planning for Fernhill Estate by Council staff and the NSW Government on several occasions as set out below:

· Ordinary Meeting – 23 March 2020: Submission to the Fernhill Estate Options Paper and draft Conservation Management Plan (endorsed)

· 23 December 2020: Councillor Memorandum

· 19 February 2021: Councillor Memorandum

· Ordinary Meeting – 22 February 2021: Submission to the draft Plan of Management (endorsed)

· 4 and 5 March 2021: Councillor Memorandums

· Councillor Briefing – 20 September 2021: Presentation by the Greater Sydney Parklands Chief Executive on the draft Landscape Masterplan

· 14 October 2021: Councillor Memorandum

· Ordinary Meeting – 25 October 2021: Submission to the draft Greater Sydney Parklands Trust Bill 2021 (endorsed)

· 30 November 2021: Councillor Memorandum

· Councillor Briefing – 7 February 2022: Draft Submission to the Fernhill Estate Draft Landscape Masterplan

· Ordinary Meeting – 21 February 2022: Submission to the Fernhill Estate Draft Landscape Masterplan

· 31 August 2022: Councillor Memorandum

· 15 September 2022: Councillor Memorandum

· Councillor Briefing – 10 October 2022: Draft Consultation and Engagement Framework and establishment of a new community trustee board for Fernhill Estate

It is recommended that Council endorse the Submission (Attachment 2) on the Draft Consultation and Engagement Framework, including the formal nomination of a Councillor as Council’s representative for the Fernhill Estate Community Trustee Board, and forward a copy to Greater Sydney Parklands. It is proposed that a Council staff member attend Community Trustee Board meetings as an observer on the Board. This person will not be eligible to propose motions or vote on recommendations but will provide support to the Councillor representative.

Background

Fernhill Estate was acquired by the NSW Government in 2018. Planning for the Estate has been progressed by the Greater Sydney Parklands (GSP).

In mid-2021, following the exhibition of a white paper that outlined the creation of legislation for the new Greater Sydney Parklands Trust (GSPT), the NSW Government publicly exhibited a Draft Greater Sydney Parklands Trust Bill 2021 which set out how the GSPT would operate and manage its parklands.

Council provided a submission on the Draft Bill dated 25 October 2021. In the submission, Council indicated in-principle support for the preparation of a consultation and engagement framework in conjunction with the community and the establishment of community trustee boards to provide local advice on park stewardship, use and activities, environmental, heritage and cultural issues, plans of management, new leases and sustainable funding options. The submission included the following specific comments on a potential consultation and engagement framework and establishment of community trustee boards:

“Consultation and Engagement Framework

Council supports the preparation of the consultation and engagement framework described in the Bill including its development in consultation with the community within the first 2 years of operation.

Community Trustee Boards

The previously exhibited White Paper – Parklands for People outlined the establishment of Community Trustee Boards noting that there would be a separate board for each parkland area. Council is supportive of this approach however the draft Bill does not require the establishment of Community Trustee Boards and does not require separate boards for each parkland. It is Council’s view that it is critical for a Community Trustee Board specific to Fernhill Estate be established. In addition, we request the appointment of a local Council representative to the Board as allowed for by the draft Bill.”

Current Situation

Following commencement of the new Greater Sydney Parklands Trust Act 2022 (the Act) on 1 July 2022, the NSW Government has prepared the Draft Consultation and Engagement Framework, supported by the establishment of Community Trustee Boards (including for Fernhill Estate) to outline its commitment to engagement with councils, communities and other stakeholders. GSP sought public feedback on the Draft Framework from 13 September to 10 October 2022. Feedback from Council, including nomination of a Council representative for the Fernhill Community Trustee Board, is due by 31 October 2022.

Council nominated representative for Fernhill Estate Community Trustee Board

In accordance with the Act, Council is encouraged to nominate a local community representative for the new Fernhill Estate Community Trustee Board. Council previously requested the appointment of a local Council representative to the Board in its submission to the GSP on the Greater Sydney Parklands Trust Bill 2021. Once approved by the Minister, this Board will meet four times a year to provide advice to GSP about park management and local community issues relating to Fernhill Estate.

At the 10 October 2022 Councillor Briefing, Councillors received a presentation from the GSP on the Draft Consultation and Engagement Framework, including the establishment of a new Community Trustee Board for Fernhill Estate and criteria for membership. It was noted that the Council representative should have sound knowledge of Fernhill Estate, including the activities carried out in the parkland, and be able to communicate effectively with local residents, local community groups and other persons who use the parkland.

Whilst the Act is not prescriptive about how the nomination process should occur, or the type of person that Council should nominate, GSP strongly indicated that this person should not be from a specific stakeholder group as they would need to represent and speak on behalf of the whole community in an unbiased way. To this end, and noting that the community also has an opportunity to self-nominate to be appointed to the Trustee Board, it is recommended that a Councillor should be nominated to represent both the community and Council on the Fernhill Estate Community Trustee Board.

It is recommended that a Councillor be formally nominated as Council’s representative for the Fernhill Estate Community Trustee Board.

Non-member Council observer

The Terms of Reference for the Community Trustee Boards allow for non-member attendees to be present. This would be subject to agreement by the GSPT Board.

It is proposed that a Council staff member attend Community Trustee Board meetings as an observer on the Board. This person will not be eligible to propose motions or vote on recommendations but will provide support to the Councillor representative.

Submission on the Draft Consultation and Engagement Framework

The submission (Attachment 2) broadly supports the Draft Consultation and Engagement Framework as it aligns with and addresses key feedback provided in Council’s previous submission on the Draft Greater Sydney Parklands Trust Bill 2021 in respect to a potential consultation and engagement framework and establishment of Community Trustee Boards.

The Draft Framework is also supported as it recognises the uniqueness of each of the five iconic parklands in GSP’s portfolio to their local communities, and in so far as it seeks to facilitate genuine community engagement and proactively collaborate with Sydney’s communities, local governments, state government agencies, industry and others to realise the potential of these significant open-space assets.

In summary, the submission:

· Supports the guiding principles for engagement outlined in the Draft Consultation and Engagement Framework.

· Supports the initiative to establish a Community Trustee Board for each park, including Fernhill Estate, to increase community input and consultation in a way that was previously only legislated for Centennial Park and Moore Park Trust.

· Formally nominates a Councillor (subject to Council’s endorsement) as Council’s representative for the Fernhill Community Trustee Board.

Financial Implications

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

Risk Implications

If Council does not provide a submission on the Draft Consultation and Engagement Framework formally nominating a local Council representative for the Fernhill Community Trustee Board, the risk is that Council’s long held strategic vision for the site may not be fully understood and considered by the NSW Government as part of future proposals relating to park management and community use of the site, such as the Draft Landscape Masterplan and Mulgoa Road Strategic Concept Plan, are refined and progressed.

Without a seat at the table Council’s ability to actively contribute to conversations and positively influence decision making by the NSW Government in relation to the Greater Sydney Parklands, in particular Fernhill Estate, will be limited.

Conclusion

The Fernhill Estate is a significant asset in our LGA and of special interest to the community.

The Draft Consultation and Engagement Framework responds to Council’s previous submission on the Draft Greater Sydney Parklands Trust Bill 2021. It supports Council’s long-held vision and aspirations for Fernhill Estate and aligns with Council’s core values around positive and transparent engagement with the local community. It is broadly supported in this regard.

Councillors will be kept informed regarding the outcome of the nomination process and ultimately the establishment of the Community Trustee Board for Fernhill Estate.

Council staff will also continue to work closely with GSP as the various proposals related to community use of Fernhill Estate, such as the Draft Landscape Masterplan and Mulgoa Road Strategic Concept Plan, are refined and progressed.

RECOMMENDATION

That:

1. The information contained in the report on Submission on Draft Consultation and Engagement Framework for Greater Sydney Parklands – Including nomination of a local Council representative for the new Fernhill Estate Community Trustee Board be received.

2. Council nominate a Councillor as its representative for the Fernhill Estate Community Trustee Board.

3. Council endorse the submission on the Draft Consultation and Engagement Framework, including nomination of a Councillor as Council’s representative for the Fernhill Estate Community Trustee Board, provided at Attachment 2 and forward a copy to Greater Sydney Parklands.

ATTACHMENTS/APPENDICES

1. ⇩	Draft Consultation and Engagement Framework	93 Pages	Attachments Included
2. ⇩	Submission to Greater Sydney Parklands including nomination of Council's representative to the Fernhill Community Trustee Board	2 Pages	Attachments Included

Ordinary Meeting 31 October 2022

Submission - Six Cities Region Discussion Paper

Compiled by: Anne Hurni, Coordinator - Research and Policy

Authorised by: 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 Submission - Six Cities Discussion Paper - Councillor Briefing - 10 Oct 2022

Executive Summary

This report seeks Council endorsement for the submission in response to the Greater Cities Commission (the Commission) Discussion Paper entitled, The Six Cities Region: Delivering global competitiveness and local liveability (Discussion Paper).

Councillors were advised of the release of the Discussion Paper via Councillor Memorandum on 9 September 2022.

Councillors were provided with an overview of the Discussion Paper and were briefed on the draft submission prepared as Council’s response at the Councillor Briefing on 10 October 2022.

The Commission released the Discussion Paper in September 2022 to stimulate conversation about planning and developing the Six Cities region which includes the Lower Hunter and Greater Newcastle City, the Illawarra-Shoalhaven City, the Central Coast City, and the three cities of Greater Sydney (the Western Parkland City, the Central River City and the Eastern Harbour City). The Six Cities Region encompasses 43 local government areas and is described as “Australia’s first global city region”.

The submission (Attachment 1) has been prepared for Council’s consideration. The submission is generally supportive of the proposed vision and ‘Region Shapers’ set out in the Discussion Paper but recommends that the Commission:

· provides clarity on the protection of the Metropolitan Rural Area;

· specifies funding and timeframes for servicing rezoned lands identified for new development;

· specifically addresses flooding in the Hawkesbury-Nepean catchment area to provide clarity around future capacity for development and the need for adequate infrastructure to support evacuation when needed; and

· commits to the completion of the full length of the north-south rail.

The submission emphasises the need for commitments under the existing Western Sydney City Deal and District Plans to be honoured and the need for council involvement in the setting of targets that are based on local strategic plans and priorities. The submission welcomes the Commission’s ongoing engagement with Western Parkland City councils in the development of the 2023 Region Plan and City Plan over and above its alignment with the Western Parkland City Authority.

It is recommended that the submission at Attachment 1 is endorsed by Council to be forwarded to the Greater Cities Commission.

Background

In April 2022 the Greater Cities Commission Bill was passed with bipartisan support to change the Greater Sydney Commission to the Greater Cities Commission with functions for strategic city planning across the new boundaries known as the Six Cities Region.

The Six Cities Region includes the Lower Hunter and Greater Newcastle City, the Illawarra-Shoalhaven City, the Central Coast City, and the three cities of Greater Sydney (the Western Parkland City, the Central River City and the Eastern Harbour City). The Six Cities Region encompasses 43 local government areas and is described as “Australia’s first global city region.”

The Commission released the Six Cities Discussion Paper in September 2022 to stimulate conversation about planning and developing the Six Cities region.

The Discussion Paper is not government policy but a stimulus for stakeholder engagement. Feedback in response to the ideas presented in the Discussion Paper will inform State Government strategic planning for a new Region Plan, which will supersede the 2018 Greater Sydney Region Plan. The Region Plan for the new Six Cities Region will be developed by the end of 2023 along with new City Plans the three cities of Greater Sydney that will replace the District Plans.

The Discussion Paper sets out a vision for the Region that seeks to deliver global competitiveness and local liveability. The Discussion Paper proposes six ‘Region Shapers’ that will frame the new 2023 Region Plan and City Plans. These priority outcomes are based on the United Nations Sustainable Development Goals.

The six Region Shapers are:

• An Embedded First Nations voice

• A connected Six Cities Region

• Housing supply, diversity and affordability

• Inclusive places linked to infrastructure

• Powering local jobs and economies

• Climate-resilient green cities

The Commission will use this Discussion Paper to engage broadly throughout the Six Cities Region but there is no detail in the Discussion Paper on the nature of the engagement with Councils specifically. It is stated that “in the Western Parkland City, the role of implementing the Region and City Plans should only be what, if anything, is needed to supplement the Western Parkland City Authority”.

Engagement on the Discussion Paper is open for feedback until end of October 2022. A submission (Attachment 1) has been prepared for Council’s consideration and endorsement.

Current Situation

The submission (Attachment 1) highlights the importance of Council’s strategic priorities in relation to the vision and directions presented in the Six Cities Region Discussion Paper.

The vision for the Region emphasises global competitiveness and local liveability but there is limited reference to the economic directions that will help achieve this apart from the reference to the innovation districts for education and knowledge jobs.

The submission is generally supportive of the identified Region Shaper actions, however, more detail will be required to ensure there are appropriate mechanisms to facilitate these actions, and that these initiatives can be resourced and implemented in a reasonable timeframe. For example, the Discussion Paper proposes (Action 2.7) that the Region and City Plans will continue to prioritise rail links to connect the Western Parkland City to the rest of the city region, with no suggested timeframe or locations for those connections.

Key issues raised in the submission that need clarification or are recommended for inclusion are:

· to reflect the Western Sydney City Deal commitments and support continued development of the existing Collaboration Areas and City Centres that were identified in the current Western City District Plan in the new City Plans

· to consider and incorporate the actions already developed by Councils through their Local Strategic Planning Statements and the associated strategies in the Region and City Plans

· to provide clear guidance related to the protection of the Metropolitan Rural Area and the role of productive rural land and rural industries in the vision for the Six Cities Region

· to uphold the Western Sydney City Deal commitment to complete the full length of north-south rail

· to identify funding and timeframes for the servicing of newly rezoned employment lands to attract and retain industrial production within the Western Parkland City

· to provide clear guidance on development capacity and evacuation related to flooding in the Hawkesbury-Nepean Catchment. This will need to be supported by sharing information and collaborating for cross-jurisdictional resilience responses that are data driven and solution focussed

· to provide guidance on the conservation of biodiversity, native vegetation and species, and of scenic and cultural landscapes of regional and local significance.

The submission outlines that the Discussion Paper proposes setting targets for resilient, adaptable, affordable and diverse housing. The definition of these terms will be critical. The proposal for setting targets for the proportion of housing to be delivered within 800 metres of a strategic centre or transport hub is supported and consistent with Penrith Local Housing Strategy. Council recommends that such targets should be established at the local level in collaboration with Councils. The St Marys Draft Structure Plan is a good example of localised place-based planning that will deliver greater dwelling densities within 800 metres of the rail station. It identifies a forecast range for dwellings within the town centre but balances these forecasts with plans for open space and community facilities to support the increased population.

Council’s submission seeks greater clarity on the governance model for the development and implementation of the Region and City Plan in the Western Parkland City, noting that the existing Western Sydney City Deal and District Plan Collaboration Areas are still relevant. The Council has previously provided feedback on the Western Parkland City Authority Blueprint. In the submission, Council’s comments on the Blueprint are provided as an appendix for the Commission’s consideration. In the submission, Council recommends that the Commission provide clarity on the status of the Blueprint and the role of Western Parkland City Authority in the development of the Region and City Plans.

Financial Implications

There are no financial implications for Council associated with making this submission.

The Six Cities Region Discussion Paper proposes that the forthcoming Region and City Plans will specify a number of actions for development of centres infrastructure including targets for mode shift and housing densities. Council’s submission recommends that local councils are fully involved in the development of the Plans and the setting of targets that take into consideration local characteristics. Council will be advised of any potential financial implications about the funding of the actions as this information is made available.

Risk Implications

If Council does not provide a submission to the Discussion Paper, there is a risk that the Commission will not fully understand Council concerns that have been identified in the submission. Areas of need for the Penrith community may not be equitably addressed or adequately funded leading to adverse social, economic and environmental impacts in the longer term.

Conclusion

The Greater Cities Commission is seeking feedback on its Six Cities Region Discussion Paper. Council’s submission highlights the importance of Council’s strategic priorities in relation to the vision and directions presented in the Six Cities Discussion Paper. Council is generally supportive of the approach to region-wide planning that is being proposed in the Discussion Paper. Council recommends that the Commission use the strategic work of councils as a basis for development of the Region and City Plans. The submission also recommends ongoing close collaboration with councils in the Western Parkland City in the development of the plans.

The Parks (the Western Parkland Councils) have also agreed to make a joint submission. Penrith City Council will provide the adopted submission to inform this joint submission.

It is recommended that Council endorse the submission on the Six Cities Region Discussion Paper and forward a copy to Greater Cities Commission by 31 October 2022.

RECOMMENDATION

That:

1. The information contained in the report Submission - Six Cities Region Discussion Paper be received.

2. The submission in response to Six Cities Region Discussion Paper be endorsed.

ATTACHMENTS/APPENDICES

1. ⇩

Draft Submission to Six Cities Region Discussion Paper

17 Pages

Attachments Included

Ordinary Meeting 31 October 2022

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

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

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

Planning Proposal to amend Penrith Local Environmental Plan 2010 - 170 Russell Street, Emu Plains- Ordinary Meeting- 26 Sep 2022

Planning Proposal to amend Penrith Local Environmental Plan 2010 - 170 Russell Street, Emu Plains- Councillor Briefing- 17 Oct 2022

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.

Previously, during the preparation of LEP 2010 between 2010 and 2012, Council resolved not to determine a zoning for the eastern portion of the subject site, as well as the larger lot immediately to the north, as these lands were located below the flood planning level.

More recently, the subject site and adjacent lot to the north were subject of a Planning Proposal that was not supported by Council in May 2015 on the grounds of flooding.

The June 2021 Planning Proposal was presented to the Local Planning Panel at its meeting of 22 December 2021 to obtain advice. 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 demonstrates strategic merit, which is outlined further in this report. In relation to site-specific matters such as around flood behaviour and fill, this can be addressed through appropriate planning controls.

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 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 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.

The Planning Proposal was reported to Council’s Ordinary Meeting of 26 September 2022. After consideration of the report presented to the meeting, Councillors resolved as follows:

That the matter be deferred to the next Council meeting and taken to a Councillor Briefing to explain the conclusion that the Council Officers have come to, which is contrary to the Planning Panel’s recommendation.

The Planning Proposal was presented to the Councillor Briefing of 17 October 2022.

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 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 2 hectares in size and is divided into its western and eastern portions. The western portion is governed by 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 LEP 2010 between 2010 and 2012, Council resolved not to determine a zoning for the eastern portion of the subject site, as well as the larger 21 hectare lot immediately to the north, as these lands were located below the flood planning level. Council resolved that these lands 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 subject site and adjacent lot to the north have been subject of a previous Planning Proposal that was not supported by Council in 2015 on the grounds of flooding.

The changes sought to LEP 2010 in the June 2021 Planning Proposal have been altered in response to Council officer assessment of the application and Local Planning Panel advice. 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.

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 amended Planning Proposal was reported to Council’s Ordinary Meeting of 26 September 2022. After consideration of the report presented to the meeting, Councillors resolved as follows:

Previous Planning Proposals on the subject site

The subject site and adjacent lot to the north have been subject of a previous Planning Proposal that was not supported by Council in 2015 on the grounds of flooding. At its Policy Review Committee meeting of 11 May 2015 Council considered a report on a Planning Proposal relating to Lots 1-4 Old Bathurst Road, Emu Plains. Council resolved in part that:

Council request the Minister for Planning to determine that the matter not proceed on the basis that the provisions of the Planning Proposal are inconsistent with Section 117 Direction 4.3 and that the inconsistency is not considered to be of minor significance.

The previous 2015 Planning Proposal generally sought changes to the entire subject site and included proposed filling which modified flood storage, flow capacity and velocity. At the time, these proposals were not supported by contemporary flood studies to provide certainty to development outcomes.

Council has recently completed more detailed flood modelling of the Emu Plains overland flow catchments (2020), as well as updated flood modelling of the Nepean River Catchment (2018), which resulted in defining a revised and clearer affectation of the subject site in a 1 in 100-year flood event.

The current August 2022 Planning Proposal seeks changes primarily only to the eastern portion of the subject site, being around 1 hectare of land. This equates to around 4.5% of the affected land area of the previous 2015 Planning Proposal that related to 23 hectares of land.

Most importantly, the August 2022 Planning Proposal does not seek changes to overall flood storage. The following map presents in red outline the land subject to the previous 2015 Planning Proposal whilst the hatched area indicates the site subject of the current August 2022 Planning Proposal.

Diagram

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Attachment 2 presents the proposed LEP maps of the subject site, under the current August 2022 Planning Proposal.

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.

The June 2021 Planning Proposal was presented to the Local Planning Panel at its meeting of 22 December 2021 to obtain advice. In its June 2021 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’s advice is provided at Attachment 3 and has been considered by Council officers. The 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.

It is noted that the changes sought to LEP 2010 in the June 2021 Planning Proposal have been altered in response to Council officer assessment of the application and Local Planning Panel advice and are encapsulated in a revised August 2022 version of the Planning Proposal.

Response to Local Planning Panel advice

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.

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. Building heights on the subject site will be the same as surrounding 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.

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 site-specific matters such as around flood behaviour and fill, this can be addressed through planning controls.

The Panel’s objections and Council officer comments are presented in this report for Councillors to consider in making a decision in respect to supporting the Planning Proposal to proceed through the DPE Gateway process for making of LEP amendments.

The Planning Proposal

The changes sought to Penrith LEP 2010 in the June 2021 application have been altered in response to Council officer assessment of the application and negotiation undertaken with the applicant, as well as in response to the Local Planning Panel advice.

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 4 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.

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:

o 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.

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

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

o 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 June 2021 Planning Proposal 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 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 June 2021 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

It is noted that shortly after lodgement of the June 2021 Planning Proposal, initial consultation with DPE was undertaken by Council in respect to DPE’s 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 4.1 Flooding (formerly Direction 4.3 Flood Prone Land). This letter is provided at Attachment 6. This information was subsequently prepared and provided by the proponent and now forms part of the package of information submitted in support of the Planning Proposal for consideration.

Direction 4.1 requires that a Planning Proposal cannot rezone flood prone land from a rural to an industrial zone. However, a Planning Proposal may be inconsistent with the Direction if Council can appropriately justify the inconsistency such as by way of a supporting floodplain risk management study, flood study or flood and risk impact assessment, or if the provisions of the Planning Proposal are of minor significance. The DPE advice, after initial review, indicated that there are no particular policies or draft studies underway that would preclude this planning proposal being assessed on its merits.

The Planning Proposal is supported by a Floodplain Risk Management Plan which has been prepared by the proponent and considered acceptable by Council officers and has been prepared in accordance with the principles of the Floodplain Development Manual 2005. The flood study has demonstrated that the development will not result in significant flood impacts to other properties and are of minor significance. In this respect, the Planning Proposal may be justified against Direction 4.1 and has merit to be considered by DPE through the Gateway process for making of LEP amendments.

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, prior to any filling being undertaken. 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 amended 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 amended 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. Prior to public exhibition of the Planning Proposal, the outstanding matters identified in this report in relation to the stormwater strategy are to be resolved, and the strategy amended.

6. Council officers investigate whether any amendment is required to Interim Development Order 93 as a result of any changes sought by the Planning Proposal.

7. 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	Appendix
2. ⇩	Proposed Penrith LEP maps	6 Pages	Appendix
3. ⇩	Local Planning Panel Advice	1 Page	Appendix
4. ⇩	E4 General Industrial zone land use table	1 Page	Appendix
5. ⇩	Draft DCP amendments	2 Pages	Appendix
6. ⇩	Letter from Department of Planning and Environment	2 Pages	Appendix

Ordinary Meeting 31 October 2022

Sport and Recreation Strategy Delivery Progress Report

Compiled by: Andrew Robinson, Community Facilities and Recreation Manager

Virginia Tuckerman, Community Facilities and Recreation Planning and Projects Coordinator

Authorised by: Brian Steffen, Director - City Services

Outcome	We manage and improve our built environment
Strategy	Plan for, maintain and provide spaces and facilities that support opportunities for people to participate in recreational activities
Principal Activity	Plan for community facility, sport, recreation, play, open space infrastructure provision and support project delivery

Executive Summary

This report provides an update to Councillors regarding the implementation of the Penrith Sport and Recreation Strategy, adopted at Council’s Ordinary Meeting on 27 April 2020.

At the time of the Strategy’s adoption, a five-year project program was included which identified 82 sport, recreation, play and open space projects with an estimated value of $125m, including the major city shaping projects of City Park, Regatta Park, Tench Reserve and Gipps Street which are all under construction and will be completed in 2023/2024.

At this mid-point of the 5-year program, the following has been achieved:

- $27m has been invested in 61 completed projects.

- $130m is being invested in 41 projects which are in design, procurement and construction.

- 11 projects are currently being planned for future delivery estimated at $27m.

- 99 projects, benefitting from $73m of grant funding, have been completed, are under construction, or are currently being designed and planned.

- 33 grant submissions with a funding request of $320m are currently pending determination (including 28 WestInvest sport, recreation, play and open space grant applications).

By the end of the current 5-year program, 113 sport, recreation, play and open space projects will have either have been completed, or be at an advanced stage of design and planning, with an estimated value of $184m. Some key highlights of completed programmed projects include:

· The Playspace Shade Program ensuring all playspaces across the City will benefit from shade structures and tree canopy cover.

· New sportsgrounds at The Kingsway West.

· New synthetic fields at Jamison Park.

· Upgrades to St Clair Leisure Centre.

· 20 playspace upgrades designed incorporating Everyone Can Play Principles.

A full list of projects with their current status is included in Appendix 1. The separate enclosure to this report lists projects benefitting from grant funding.

The report recommends that the information be received.

Background

The Penrith Sport and Recreation Strategy was adopted by Council in April 2020. In developing the Strategy the community were consulted through 2 community forums, 12 ‘pop up’ community engagement sessions, an online survey, a sport user group specific survey and forums.

The core objectives of the Strategy are to enable Council to;

• Plan for growth

• Promote accessibility and inclusion

• Support environmental sustainability

• Create economic benefits

• Manage the City’s Assets

• Sustainably resource strategies

• Monitor and evaluate outcomes.

Key strategies and actions were identified for open space, play, sport and recreation planning and project delivery, with a five-year implementation plan established including 82 projects worth an estimated value of $125m.

Current Situation

Play

The Strategy’s vision for Play is to provide a wide range of play opportunities which promote the social, physical and cognitive development of children and; Penrith will be recognised as unique, safe and innovative providing a diversity of opportunities across the network.

Several key strategies were highlighted, one being that opportunities are provided for everyone in the community to be able to enjoy a playspace. The principles of the NSW Government’s Everyone Can Play Guidelines are firmly embedded in the Strategy and have subsequently been implemented through playspace design and construction.

After extensive community engagement, significant progress has been made in terms of playspace provision with 20 being upgraded since April 2020. Council has also invested $2.5m in the completed projects, and an additional $2.05m has been realised for projects from five NSW Government grant programs and one Federal Government grant program.

Council has invested an additional $2.2m to ensure all 157 playspaces in the City benefit from shade structure or tree canopy cover, or both, as a result of implementing Council’s Shade Policy. The Policy is being used to ensure that Developers and any planned new playspace incudes the required shade infrastructure.

Examples of playspace upgrades completed include David Currie playspace in St Clair and Spence Park, Penrith. The City’s first mixed recreation space will be available for community use in January 2023 (weather dependent), with the opening of the facilities at Trinity Drive Reserve.

Currently there are 15 playspaces, and a further mixed recreation space for St Marys in the planning, design and consultation phase with an estimated value of $5.7m that will be completed between June 2023 – June 2024.

Sport and Recreation

The Strategy’s vision for Sport and Recreation is that Penrith will be acknowledged for its diverse range of affordable, accessible and inclusive sporting and recreational opportunities provided in quality environments.

Several key strategies were highlighted, one of which identified the need to increase the capacity of existing sports grounds and facilities through undergoing upgrades such as building amenities, sports field lighting, irrigation and surface renovations.

Since April 2020, 40 sport and recreation facilities have been significantly upgraded as a result of substantial user group engagement, advocacy and investment.

To date, Council has invested $12.4m in the completed projects. A further $9.2m has been realised as a result of grant funding from; four NSW Government programs, the NSW Government Penrith Election Commitment Fund, three Australian Government funding programs, and a National Sports Organisation grant program.

This investment has resulted in the completion of:

· 7 amenity upgrade projects at football, netball, cricket, athletics, rugby league and baseball facilities.

· 10 sports ground floodlighting upgrade projects supporting rugby league, AFL, football, baseball, oztag, touch football and athletics.

· An upgrade to St Clair Leisure Centre addressing contemporary community needs for indoor sports and recreation.

· New major sports facilities including Kingsway West new fields and amenities.

· New synthetic fields at Jamison Park.

· 14 sports surface, court and training infrastructure upgrade projects, including tennis court renewal at St Marys and multi-sport courts being installed at Parkes Avenue, Werrington.

· 3 irrigation system upgrades improving field carrying capacity.

· 2 new fenced dog parks at St Clair and Emu Heights.

· The installation of fitness equipment at Chapman Gardens.

There are currently 15 sport and recreation projects in construction with a total estimated Council investment of $13m, and a further $15m being realised through; three NSW Government grant programs, the NSW Government Penrith Election Commitment Fund; two Australian Government grant funding programs, and a National Sports Organisation grant program.

Works are progressing on:

· 6 amenities building upgrades at venues accommodating football, cricket, rugby league and tennis.

· 2 sport precinct upgrades at Parker Street Reserve and Boronia Park.

· 4 sportsground floodlighting upgrade projects at softball and football facilities.

· A synthetic athletics track at Harold Corr Oval.

· 2 irrigation, sports surface, and spectator improvement projects at the Kingsway and Jamison Park.

A further thirteen sport and recreation projects are in the advanced procurement, design or planning stages with further estimated Council investment of $6.7m, and a further $1.7m being invested from grant programs.

Open Space

Council’s vision for open space as adopted in the Sport and Recreation Strategy is, an accessible and connected network providing for a range of active, passive, structured and unstructured needs and that; open space in Penrith will offer a range of opportunities and will be managed in a sustainable manner for current and future generations.

In fulfilling this vision there have been significant open space strategic, planning and project initiatives that have been completed, or are now significantly progressed as a result of cross-organisation collaboration.

- The Green Grid Strategy has been completed (led by the City Strategy Department),

- Updated Plans of Management have been submitted to the Minister’s Office for review (led by the City Assets Department).

- Key city shaping projects are scheduled for completion in 2023/2024 at Tench Reserve, Regatta Park, Gipps Street and City Park (led by the Design and Projects department).

The Strategy also continues to inform the planning for the delivery of key projects;

- The project to review and implement the masterplan for Chameleon Reserve is underway. Pending the outcome of the review it is anticipated that the delivery of Stage 2 projects will commence in 2024, once the surplus land is sold.

- Lend Lease is currently completing the masterplan and design phase for the development of the regional open space in the Central Precinct, Jordan Springs East. At this stage, the proposal is to provide 7 sportsfields, additional netball courts, multi-sport court, district level play, cricket competition and training infrastructure, and associated infrastructure such as amenities, car parking, pathways, and landscaping.

- At this stage, there is no confirmed timeframe from Lend Lease for the project’s delivery.

In terms of planning for future population growth, the Strategy has provided an important reference point in progressing the open space strategies associated with the new release areas of Orchard Hills North and Glenmore Park Stage 3, as well as the developing St Marys Structure Plan, the development of a future Developer Contributions Plan which is being progressed, and other proposed infrastructure developments. The Strategy has also provided a valuable reference point for Council Officers to provide feedback to a number of NSW Government open space and infrastructure projects.

Financial Implications

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

Conclusion

The Sport and Recreation Strategy is the 15-year framework for the future development and enhancement of our community spaces throughout the wider Penrith Local Government Area. A community wide approach has enabled the delivery of the program, to date with Council working with all levels of Government, as well as state and local sporting community organisations, and residents to create a city that protects, celebrates, and invests in our open spaces, playspaces and sport and recreation facilities.

By the end of the current 5-year program in 2024, 113 sport, recreation, play and open space projects will have either have been completed, or be at an advanced stage of design and planning, with a value of $184m.

With the current 5-year program due to conclude in 2024, work will commence shortly to plan and prioritise projects and resources for the next 5 years. Further advice will be provided to Councillors in this regard once a program of work is finalised and other information is known regarding outcomes of the WestInvest grant program, with 23 sport and recreation project grant applications submitted for assessment by the NSW State Government.

RECOMMENDATION

That the information contained in the report on Sport and Recreation Strategy Delivery Progress Report be received.

ATTACHMENTS/APPENDICES

1. ⇩

Sport and Recreation Strategy Status 2022

4 Pages

Appendix

Ordinary Meeting 31 October 2022

WestInvest Fund Local Government Direct Round - Grant Acceptance

Compiled by: Glenn McCarthy, Governance Manager

Authorised by: Stephen Britten, Chief Governance Officer

Outcome	We manage and improve our built environment
Strategy	Plan for, maintain and provide spaces and facilities that support opportunities for people to participate in recreational activities
Principal Activity	Plan for community facility, sport, recreation, play, open space infrastructure provision and support project delivery

Previous Items: WestInvest Program- Ordinary Meeting- 02 May 2022

Executive Summary

This report advises Councillors that correspondence has been received on 21 October 2022 from The Hon. Matt Kean MP, Treasurer, confirming that $28 million has been awarded to Council from the WestInvest Fund grant program (Local Government Direct Round) towards projects at both St Marys ($21 million) and Gipps Street Recreation Precinct ($7 million). The grant funding that has been awarded is for the full amounts requested, subject to Council entering into a funding deed with the NSW Government for each project.

At Council’s Ordinary Meeting on 2 May 2022, it was resolved that applications be submitted to the WestInvest Program for:

· St Marys Town Park and Entertainment Canopy

· Gipps Street Recreation Reserve

Applications for a further 35 projects with total funding sought being $369.3 million were also submitted in the Community Contested Round. The assessment of these applications is proceeding but the outcome will not be known until December 2022.

This report recommends that the information be received, Council endorse acceptance of the grants for St Marys Town Park and Entertainment Canopy and Gipps Street Recreation Reserve, authorise the General Manager to negotiate the terms of the funding deeds for both projects and a letter of appreciation be provided to the NSW Government.

The report also seeks Council endorsement to award Glascott Landscape and Civil Pty Ltd up to $7,000,000 (excluding GST) inclusive of rise and fall allowance for stage 2 items to be funded from the Westinvest program

Background

The NSW Government has committed $5 billion to the WestInvest Fund for amenity building infrastructure projects in 15 local government areas in Western Sydney over four years. $3 billion is available to NSW Government agencies to deliver transformational projects that will benefit local communities. $2 billion is allocated for “priority community projects” as follows:

• $400 million Local Government Direct Round – allocated on a minimum plus pro-rata basis to Blacktown, Blue Mountains, Burwood, Camden, Campbelltown, Canterbury-Bankstown, City of Parramatta, Cumberland, Fairfield, Hawkesbury, Liverpool, Penrith, Strathfield, the Hills and Wollondilly Councils

• $1.6 billion Community Contested Round - open to non-government organisations, including community groups, not-for-profits, Local Aboriginal Land Councils and local councils.

Penrith Council’s allocation from the Local Government Direct Round is $28 million.

Current Situation

Two applications were submitted to the WestInvest Local Government Direct Round:

St Marys Town Park and Entertainment Canopy

An application for $21 million was made to WestInvest on 27 June 2022 based on Councillor priorities decided at the 6 April briefing. Anchored at the existing Coachman’s Park as a civic plaza and transitioning west to activate and connect existing green spaces. The project will set the foundation work for Council to deliver future community infrastructure in this precinct. Elements will include the provision of a covered outdoor performance space, which will build on the successful St Marys Light Up event held in May 2022. Enhanced amenities, minor roadworks and significant landscaping will also be delivered as part of the project. A separate application has been lodged with WestInvest Community Contested Round for funds to purchase privately held property adjacent to the park along Queen Street. If successful, future provision for an integrated community hub with library and heat refuge solutions will be considered within the park design.

Gipps Street Recreation Reserve

An application for $7 million was submitted to WestInvest on 30 June 2022 to enable the full scope of all stages of the Gipps Street masterplan to be realised. Once completed the project will fulfill the long held long-held vision to transform the former waste facility into a landmark sport and recreation destination for the community, who will be able to enjoy; new sports grounds, netball and cricket training infrastructure, multi-sport and basketball courts, inclusive children’s play and water play areas, youth activity zone including skate park, a pump track, outdoor gym, dog park, amenities, car parking, walking trails, significant tree planting and landscaping and ancillary infrastructure.

The project forms part of Council’s Sport and Recreation Strategy, a 15-year road map for the future provision of sport, play, recreation and open space facilities across the City. The total cost of the project is $41 million of which Council has committed $27.5 million and the NSW Government is providing $13.5 million through four grant programs including WestInvest.

The Hon. Matt Kean MP, Treasurer, has now confirmed that $28 million has been awarded to Council from the WestInvest Fund grant program (Local Government Direct Round) towards projects at both St Marys ($21 million) and Gipps Street Recreation Precinct ($7 million). The grant funding that has been awarded is for the full amounts requested, subject to Council entering into a funding deed with the NSW Government for each project.

Gipps Street – Award of Contract

Glascott Landscape and Civil Pty Ltd were awarded the construction of stage 1 works for the RFT 21/22-07 Gipps Street Recreation Precinct - Landscape Construction at the 2 May 2022 Ordinary meeting. The construction contract included provisional rates for award of grant funded items (stage 2 items), subject to rise and fall allowance.

At the 25 July 2022 Ordinary meeting Glascott Landscape and Civil Pty Ltd were endorsed to construct up to $5,000,000 of Stage 2 sporting infrastructure delivered from the NSW Government Multi-Sport Community Facility Fund to include new multi-sport playing fields, floodlighting, irrigation, two netball courts, cricket training infrastructure and landscaping. The $5,000,000 represented a portion of the Stage 2 items required as a part of the project.

The Westinvest application for Gipps Street sought the remaining $7,000,000 of Stage 2 funding to deliver the final components of the Gipps Street Recreation Precinct including but not limited to:

· nature play area,

· nature trail,

· accessible amenity pods,

· fitness area,

· shared footpaths and landscaping,

· stage 2 accessible play,

· additional waterplay features,

· additional parking,

· village green and

· public art.

Accordingly the report seeks Council endorsement to award Glascott Landscape and Civil Pty Ltd up to $7,000,000 (excluding GST) inclusive of rise and fall allowance for the additional stage 2 items to be funded from the Westinvest program. This $7,000,0000 represents the remaining and final portion of the stage 2 items required to be funded.

The award of these provisional rates is in accordance with the Contract and Council’s previous resolution and allows Westinvest program funded items to be constructed and opened to the public at the same time as the current Gipps Street scope of works.

Financial Implications

This report outlines successful grant funding for two projects from the NSW Government’s WestInvest Program. These grants will provide Council with the opportunity to construct new facilities and upgrade existing facilities, improve standards, access, and amenity in line with Council’s plans, programs and strategies.

No co-contribution is required as part of the WestInvest Program.

The estimated annual operational and maintenance cost for the St Marys City Park and Entertainment Canopy is $525,000 with a future asset replacement cost is estimated at $41.8 million based on a 20-year useful life value and an estimated LGCI of 3.5%.

The estimated annual operational and maintenance cost for Gipps Street Recreation Precinct (field sports and courts components only) is $175,000 with a future asset replacement cost estimated at $13 million based on an 18-year useful life and an estimated LGCI of 3.5%. Due to the various elements that make up the Gipps Street Recreation Precinct, the final project cost is subject to change as stages of its development are adopted.

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

Risk Implications

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

Conclusion

The St Marys Town Park and Entertainment Canopy has been incorporated in the St Marys Structure Plan for consultation. Through the development of a Place Plan for St Marys, community engagement will be undertaken with the St Marys Town Centre Corporation, community, local businesses and other stakeholders in relation to the new civic space. The engagement will inform the design, function and activation of the space within a revitalised central heart for the St Marys CBD Town Centre.

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

RECOMMENDATION

That:

1. The information contained in the report on WestInvest Fund Local Government Direct Round - Grant Acceptance be received

2. Council endorse acceptance of the grant awards for St Mary Town Park and Entertainment Canopy ($21m) and Gipps Street Recreation Reserve ($7m)

3. The 2022-2023 budget be adjusted to reflect the confirmation of the grants in this report

4. The General Manager be delegated authority to negotiate the terms and conditions of the funding deed for each project

5. A letter of appreciation be issued to the NSW Government.

6. Provisional stage 2 rates from Glascott Landscape and Civil Pty Ltd for the Gipps Street Project, for an amount up to $7,000,000 (excluding GST) inclusive of rise and fall allowance be accepted in accordance with the Contract.

ATTACHMENTS/APPENDICES

1. ⇩

Letter from The Hon Matt Kean - approved WestInvest projects

2 Pages

Appendix

Ordinary Meeting 31 October 2022

RFT22/23-03 Surveyors Creek Floodlights Upgrade

Compiled by: Mitchell Sammut, Project Supervisor

Wasique Mohyuddin, Delivery Program Manager

Authorised by: Tracy Chalk, Acting 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 Sports Field lighting at Surveyors Creek Softball Facility, Glenmore Park was advertised on 11 August 2022 on Apet360 and e-tendering websites and closed on Wednesday 21 September 2022 at 11.00am.

This report advises Council of the outcome of the tender process and recommends that the tender from Central West Electrical Contractors Pty Ltd, for the amount of $678,300 (excluding GST) be accepted for RFT22/23-03 Surveyors Creek Floodlights Upgrade.

Background

Council was successful in receiving funding via the NSW Government’s Greater Cities Sports Facility Fund (GCSFF) for the Surveyors Creek Softball Facility, with supporting funding through Council’s Parks Asset Renewal and Telecommunications Access Fund Reserve. The GCSFF focuses on assisting organisations to develop quality sport infrastructure that will meet the current and future needs of the community.

Surveyors Creek Floodlight Upgrade project is being undertaken to upgrade the Sport Field diamond lighting to meet current standards and better support the sporting clubs that use the facilities.

The project has two components, a circular accessible pathway connection to all external softball diamonds with drainage works and an upgrade to sports diamond floodlighting. The pathway connection project has reached completion.

A tender was called for responses from suitably experienced and qualified electrical and floodlight contractors to undertake Stage 3 works, with an option to take up Stage 4 floodlight works at Surveyors Creek Softball Facility. Two additional stages have previously been undertaken on the floodlights at Surveyors Creek Softball Facility.

Stage 3 works includes:

· All electrical supply upgrade works including termination and decommission of existing supply from the existing amenities building and connection of new supply from Alston Street, Glenmore Park.

· Installation of poles, fittings and cables to floodlight one additional softball diamond.

Stage 4 optional works includes:

· Installation of poles, fittings and cables to floodlight two additional softball diamonds.

Completing both stages 3 & 4 will deliver the required supply upgrades and three additional floodlight softball diamonds.

The project will use LED sporting field lighting, which is the most efficient and sustainable fittings for Council for sporting field lighting.

Tender Evaluation Panel

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

Tender Evaluation Criteria

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

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

• Company Profile

• Conformance, Acceptance and Declaration

• Business References

• Compliance Statement

• Demonstrated ability and financial capability

• Works Method and Program

• Local Business Preference

• Employment Policies

• Quality Assurance Systems

• Environmental Management Systems

• Work Health and Safety

Summary of Tenders Received

A total of four (4) tenders were received by the closing date of the advertised tender and are listed below in total to complete full works (Stage 3 & Stage 4) price order (ex GST).

Company	Total to Complete Stage 3	Total to Complete full works (Stage 3 & Stage 4)	Company Address	Owners/Directors
Central West Electrical Contractors Pty Ltd	$426,846.00	$678,300.00	Unit 3/229 Russell St, Bathurst NSW, 2795	Craig White
EC Operations Power Unit Trust T/AS EC Power	$468,320.57	$727,599.00	Level 5, 219-223 Castlereagh Street, Sydney NSW 2000	Bartek Kacperski & Christopher Kacperski
Hix Group Pty Ltd	$466,100.00	$744,850.00	Unit 1, 10 Production Place Penrith NSW 2750	Ian Hicks & Lea Hicks
Mirlia Electrical Group PTY LTD	$539,547.14	$845,360.86	12 Rowland Place Jordan Springs	Mark Graham

Short Listed Tenderers

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

· Central West Electrical Contractors Pty Ltd

· Hix Group Pty Ltd

· EC Operations Power Unit Trust T/AS EC Power

The Mirlia Electrical Group tender was beyond the available budget so, was not considered further.

Evaluation of the Preferred Tender

The three tenders were assessed against the evaluation criteria. On assessment, the tender from Central West Electrical Contractors presented the most advantageous offer to Council and allowed Council to take up both stage 3 & 4 of the offer.

The panel agreed that the Central West Electrical Contractors submission was the best value for Council on the responses provided, clearly demonstrating their suitability to undertake the project. Central West Electrical Contractors provided a detailed methodology and project program and demonstrated, they understood the required works and construction sequence of the deliverables of the project. Central West Electrical Contractors have completed sporting field LED floodlight projects using the same Musco LED sports field lighting system for Councils including Penrith City Council. Previous reference checks had been conducted with Bathurst Regional Council and Wollongong City Council with positive feedback received on the satisfactory delivery of these respective projects. The projects completed for Penrith City Council were completed on time and under budget.

These projects included:

· Penrith City Council Monfarville Reserve Baseball Stage 1 retrofit Musco LED floodlight fittings to the existing poles on diamond 1.

· Penrith City Council Dukes Oval, Emu Plains Australian Rules Football Field installation of a Musco LED sports field lighting system.

· Bathurst Regional Council - Proctor Park Soccer fields - new substation, switchboard and Musco Lighting towers to sports fields power and field lighting upgrade.

· Wollongong City Council - Wiseman Park - new Musco LED sports field lighting system including new site power.

· Wollongong City Council - Figtree and Harry Graham Ovals - New Musco LED sports field lighting system including new site power.

The recommended company, Central West Electrical Contractors 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 Central West Electrical Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd. Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded.

Funding is provided by the NSW Government through the Greater Cities Sports Facility Fund (GCSFF).

Included in the 2022/23 Parks Asset Renewal Program is an allocation for the Surveyors Creek Softball Floodlights capital works in addition to a provision from the Telecommunications Access Fund Reserve.

The tender from Central West Electrical Pty Ltd for the amount of $678,300.00 (excluding GST) is within budget.

The estimated annual operational and maintenance cost for the Surveyors Creek Softball Facility is $19,500 with a future asset replacement cost is estimated at $1.3 million based on a 15-year useful life value and an estimated LGCI of 3.5%.

Tender Advisory Group Comments

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

The TAG considered the recommendations in relation to the tender RFT22/23-03 Surveyors Creek Floodlights Upgrade, it was noted that the recommended proposal is providing best value for money and 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. These projects will replace the existing sporting field floodlights with public safety a key part of the construction methodology and project plan.

Conclusion

Three tenders were initially shortlisted based on available budget and then assessed against the evaluation criteria. Central West Electrical Contractors Pty Ltd provided the best price that also meet the tender evaluation criteria to undertake the project. It is recommended that the proposal and lump sum price from Central West Electrical Contractors Pty Ltd, for the amount of $678,300.00 (excluding GST) be accepted for Construction of RFT22/23-03 Surveyors Creek Floodlights Upgrade.

RECOMMENDATION

That:

1. The information contained in the report on RFT22/23-03 Surveyors Creek Floodlights Upgrade be received

2. The tender from Central West Electrical Contractors Pty Ltd, for the amount of $678,300.00 (excluding GST) be accepted for RFT22/23-03 Surveyors Creek Floodlights Upgrade.

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 31 October 2022

Regatta Park, Emu Plains - Engagement of Kiosk Architect

Compiled by: Wasique Mohyuddin, Delivery Program Manager

Rebecca Marshall, Program Manager

Authorised by: Tracy Chalk, Acting Design and Projects Manager

Brian Steffen, Director - City Services

Andrew Moore, Director - Corporate Services

Outcome	We manage and improve our built environment
Strategy	Plan for, maintain and provide spaces and facilities that support opportunities for people to participate in recreational activities
Principal Activity	Plan for community facility, sport, recreation, play, open space infrastructure provision and support project delivery

Executive Summary

As part of the Regatta Park design development, a Request for Quote (RFQ) for a Kiosk/Cafe Design was sent out via Vendor Panel on 7 August 2020 under RFQ No 20/21-16 to engage a consultant to design and deliver a construction documentation package. Seven firms were requested to quote with five quotes received and assessed.

Breakspear Architects (‘Breakspear’) were the successful bidder and were engaged through a closed Request for Quote for $153,840 excluding GST to design the Kiosk building.

A number of subsequent design variations and site constraints have occurred which have required further engagement of Breakspear Architects beyond what was originally specified in the RFQ. The design variations are detailed in this report.

This report advises Council of extenuating circumstances and requests to use its power under Local Government Act clause 55(3)(i) to not complete an open market tender. The report recommends the engagement of Breakspear to continue with providing the design and construction support to expedite the continuation of incomplete and critical works.

Breakspear Architects were initially engaged via the RFQ to deliver the complete design package for the Kiosk design in 10 months. Due to site constraints, the design process took more than 20 months to complete. This resulted in additional design requirements including the complete change of the size and the orientation of the kiosk (Initial concept was based on a 1 in 100 year flood event, ARI – Average Recurrence Level).

Breakspear has provided an additional fee estimate of $168,812 excluding GST for their extended engagement and to provide consultation support during the construction phase. This $168,812 includes design of a bigger kiosk than originally conceived and various elements needed to be redesigned to be above a 1 in 100-year flood event.

Primary cost of this variation comes from Request for Information (RFI) responses during tendering, BCA certification, quality documentation and redesign of outdoor event space for a more cost-effective design outcome. This additional fee will also cover the architectural and structural consultancy services during the construction phase, including quality inspections, BCA compliance requirements, reviewing and approving shop drawings and responding to any design related queries. Breakspear’s original RFQ allowance was for 438hrs (excluding sub-consultants) and with this revised scope it is estimated that 1,625hrs will be required to deliver the project.

The revised total fee of $408,584 is inclusive of the original RFQ for $153,840 and approved variations for $85,932.

This $85,932 approved variation was the cost incurred in drainage design, compliance to Water Safety in Urban Design (WSUD) requirements, structural design for 120m steel roofing and hydraulic design.

The report advises Council of the outcome of the quotation process and recommends that Breakspear continue to provide construction support to the remaining works for the total amount of $408,584 excluding GST.

Background

The Regatta Park precinct upgrade is a long-standing community aspiration that is on track for delivery with funding provided as a part of the Western Sydney City Deal Liveability fund.

Creating a dining precinct in the Regatta Park precinct has been identified in the ‘Our River’ Nepean River Masterplan in 2013, in the Regatta Park and Tench Reserve Detailed Planning and Design document in 2016 and in the McGregor Coxall Regatta Park Masterplan in 2019.

On 7 August 2020, a Request for Quote was sought by the Property Development team for a Kiosk/Cafe Design and was sent out via Vendor Panel under RFQ No 20/21-16 through the Market Place to engage a consultant to design and deliver a construction documentation package. The objective was to engage a consultant to design an architecturally unique, high quality, innovative, sustainable structure to support the function as an initial cafe/kiosk with possible expansion for event space that serves to activate Regatta Park, integrate with the new playground and the broader river landscape.

The following seven firms were identified as consultants who had completed comparable projects and so were provided with the RFQ via Vendor Panel.

Company Name	Location	Quotation Value
Chrofi	Manly	Not quoted
Breakspear Architects	Manly	$153,840 (excl GST)
Aileen Sage Architects	Surry Hills	$258,900 (excl GST)
Richard Stanisich	Surry Hills	$139,400 (excl GST)
Scott Carver Pty Ltd	Sydney	$235,855 (excl GST)
i2C Architects	Glebe	$270,404.55 (excl GST)
The Buchan Group Australia Pty Ltd	Surry Hills	Not quoted

The initial budget that was estimated for the RFQ to engage a consultant to design and deliver a construction documentation package was $50,000, which was demonstrated as being underestimated when the quotes for works were received. It was determined that the budget for the scope of works would be up to $200,000 (incl GST). Those that were “out of our available budget” were excluded as being priced out and not considered further. Breakspear were evaluated as the successful provider and were engaged to complete the works.

The initial RFQ included quoting for Phase 1 as a Standalone Kiosk with a potential Phase 2 event space.

A picture containing outdoor, water, waterside, shoreDescription automatically generated

Figure 1 Standalone Kiosk – view from River - Artist impression

The initial Kiosk and Event Space concept provided by Breakspear allowed for the spatial requirements in a structure that ran down the banks of the Nepean River and had the options of being constructed and approved as a 2 phased development.

During pre-DA discussions, flooding was raised as an issue and identified that the perpendicular siting would not be supported. Advice was provided that the design extending into flood prone lands would be inconsistent with flood hazard, risk and compatibility objectives and an alternate solution was required.

A 112m long Pavilion was designed which included an amenities pod, a Kiosk pod with outdoor undercover seating, a further undercover space which could be used for informal gatherings and with Development Approval as a bookable Event space. The water play space was also located under this one roof running parallel to the river.

A picture containing sky, grass, outdoor, nature

Description automatically generated

Figure 2 Kiosk incorporated into Pavilion – view from River - Artist impression

The ongoing scope requirement changes during the process required Breakspear to move from construction documentation package to also providing ongoing construction support and certification approvals due to the amended approval pathways.

Current Situation

Breakspear Architects were initially engaged to deliver the complete design package for the Kiosk design in 10 months, but the design process continued for more than 20 months due to site constraints (Initial concept was based on a 1 in 100-year flood event, ARI – Average Recurrence Level) and additional design requirements.

Primary cost of this variation of $168,812 is related to:

- RFI responses during tendering

- BCA certification

- Quality documentation

- Redesign of outdoor event space for a more cost-effective design outcome

- Providing architectural and structural consultancy services during construction phase including quality inspections

- BCA compliance requirements

- Reviewing and approving shop drawings and responding to any design related queries.

Breakspear’s original RFQ allowance was for 438hrs (excluding sub-consultants) and with this revised scope it is estimated that 1,625hrs will be required to deliver the project.

Revised total fee of $408,584 is inclusive of expenditure to date, the original RFQ of $153,840, approved variations for $85,932 and additional variation of $168,812. Already approved variations for $85,932 relates to costs incurred in drainage design, compliance to Water Safety in Urban Design (WSUD) requirements, structural design for 120m steel roofing and hydraulic design.

As the Regatta Park project progresses, there is a need to continue with the engagement of architectural services to deliver the pavilion structure and space along with certification approvals for the works that are being delivered. The engagement of a replacement architect for this project would introduce further delays to the project by way of time needed to understand the position of the services required, in addition to further increased costs exceeding those that have been provided by Breakspear Architects.

The introduction of a tender process at this stage of the project will cause significant delays to the completion of the Regatta Park precinct of approximately 3 to 4 months, which combined with the recent weather delays that have been encountered, will push the completion into late 2023.

Further to the time delay of the project, there will be cost escalations encountered in addition to the costs involved in completing a tender process. Should an alternate architectural provider be selected, there would be additional costs imposed whilst this provider is onboarded to the project. There would also be additional costs should a new provider be selected, who would need to certify the works designed by the incumbent through risk mitigation. It should also be noted that the incumbent would have the opportunity to increase the fee structure to the current environment above what has been costed when the original RFQ was completed.

Therefore, to minimise the impacts to the greater Regatta Park project for cost and time, the continuation of Breakspear Architects as the project architect is recommended.

Financial Implications

The value of the quotes outlined in this report exceeds the tender threshold and would ordinarily require Council to go to open tender. Section 55 (3)(i) of the Local Government Act 1993 provides Council the opportunity to use the extenuating circumstances provision to exempt the process from a formal tender.

This report recommends that in the circumstances described in the report, including liability on the design works already completed to date, that the extenuating circumstances provision be used. It is likely that an open tender will not attract other consultants to achieve a different or more competitive result.

The additional fee of $168,812 from Breakspear Architects is within the remaining budget allocation available for this 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 the Financial Services Manager, Neil Farquharson; Governance Manager, Glenn McCarthy and Director City Services, Brian Steffen, were briefed by the Design & Projects staff about the background and the process followed.

The TAG considered the report and recommendations in relation to the engagement of Breakspear Architects for Regatta Park Kiosk design works under RFQ 20/21-16. It was noted that scope of work described in the RFQ was insufficient and that additional work would be required of the architect that would push the overall fee estimate over the tender threshold. A satisfactory result would not be achieved from conducting a tender at this stage due to delays and additional costs, therefore the use of the ‘extenuating circumstances’ provision in Section 55 of the Local Government Act is recommended.

The TAG reviewed the process outlined within the report and confirmed that Council has the discretion to use of the ‘extenuating circumstances’ provisions of the Act to award the contract to Breakspear Architects for the design and certification stage of the project.

Risk Implications

The authorisation to continue with the engagement of Breakspear Architects for the remainder of the project will provide the best value for money to Council and minimise the impacts to the project. Breakspear have designed the structure and have critical knowledge from their ongoing involvement in the project to date. They have completed the value engineering and engaged consultants who are also crucial to the completion of the construction. Breakspear have been working closely with the builder and the removal of them from the process at this time will have negative impacts to the project in terms of cost, time, and scope. Running a new tender process will take considerable time to complete which will delay the completion of the project and have further cost implications due to cost escalations of both product and of knowledge lost on the project. Further to the time implications, there will be a cost impact to the project which will vary depending on the outcome achieved.

Conclusion

The continued engagement of Breakspear Architects for the Regatta Park project be endorsed under the extenuation circumstances provision in Section 55 of the Local Government Act.

The TAG is satisfied that the evaluation process outlined within the report and selection criteria is correctly applied in making the recommendations, therefore Breakspear Architects provided the best value for money for Council along with project understanding which will deliver the best outcomes for Council.

RECOMMENDATION

That:

1. The information contained in the report on Regatta Park, Emu Plains - Engagement of Kiosk Architect be received

2. Council use the extenuating circumstances provisions in Section 55 (3)(i) of the Local Government Act 1993 for the reason that;

removal of Breakspear Architects from the design and certification process at this stage of the project will have negative impacts to the project in terms of cost, time, and scope

3. Breakspear Architects be awarded the Contract for the architectural consultation services for Regatta Park Kiosk, for an amount of $408,584 excluding GST.

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

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 31 October 2022

Proposed easements, restriction on the use of land and right of access over Regatta Park Emu Plains

Compiled by: Tara Braithwaite, Development Manager

Authorised by: Nathan Ritchie, Property Development Manager

Andrew Moore, Director - Corporate Services

Outcome	We have open and collaborative leadership
Strategy	Deliver an efficient, transparent and accountable service to the community
Principal Activity	Provide property services and manage community and commercial requests for the use of Council owned or controlled land

Executive Summary

The purpose of this report is to seek Council’s approval for the creation of easements, a restriction on the use of land and a right of access over Council’s land located within the Regatta Park Precinct to facilitate necessary upgrades to the electrical infrastructure as part of the Regatta Park redevelopment project.

The proposed easements and restrictions are related to the installation of an electrical padmount substation and associated services and includes a restriction on the use of the land and a right of access. The easements and restriction will benefit Endeavour Energy Network Asset Partnership on behalf of Epsilon Distribution Ministerial Holding Corporation.

Background

Work is underway to transform Penrith’s Regatta Park into a focal point for nature, leisure and recreation in Western Sydney.

This $24 million project is being jointly funded by the Australian and New South Wales Governments and the Penrith City Council under the Western Sydney City Deal Liveability Program to create a community space that will be a destination for people across the region.

The project will increase the appeal of this picturesque location by improving access, formalising recreation spaces and creating more opportunities for locals and visitors to experience and enjoy the area.

Stage one will focus on the riverbank, from River Road to the river foreshore, and deliver:

· a 112-metre pavilion

· undercover play space with water activities

· a new amenities building

· an accessible pathway to the river foreshore, and

· several over-water viewing platforms.

Stage two, on the western side of River Road, will deliver:

· an adventure playspace

· outdoor exercise stations

· a cricket oval

· landscaping, and

· a centralised car park.

An additional 400 trees are set to be planted throughout the precinct to increase Penrith’s green grid, provide natural shade as well as create a shaded link from Penrith’s City Centre to the Nepean River.

Importantly, the design allows for further enhancement including the adaptive reuse of the Old Police Cottage. Council is working to restore this heritage building and bring it to life with a café and restaurant that offers magnificent views of the Nepean River.

Current Situation

Regatta Park is located adjacent to the Nepean River in Emu Plains and comprises informal grassland with mature tree plantings and some steep sloping grassland closer the river foreshore. The park is located along the Great River Walk route and the “Our River Master Plan” identified Regatta Park as a key open space area. The land uses within the site are limited to specific areas with the uses being a mixture of active and passive recreation activities.

The land is classified as community land in accordance with the Local Government Act and is zoned RE1 - Public Recreation. The current Regatta Park Plan of Management (POM) adopted by Council on 27 June 2016 and the draft revised POM being considered by Council at tonight’s meeting, categorises the land as part General Community Use and part Park and authorises the granting of easements.

As part of the stage one upgrades, Endeavour Energy requires the registration of easements, a right of access and a restriction on the use of the land associated with the installation of a padmount substation and associated services. The easement will benefit Endeavour Energy Network Asset Partnership on behalf of Epsilon Distribution Ministerial Holding Corporation and will be issued in perpetuity.

The proposed easements are permitted on community land in accordance with section 46(1)(a) of the Local Government Act 1993 which permits easements to be granted for the provisions of public utilities and works associated with or ancillary to public utilities.

On 26 September 2022, Council resolved to remedy the land ownership anomaly for seventeen (17) parcels of land within the Regatta Park precinct that has existed since 1963. The anomaly resulted from the boundary between Penrith City Council (PCC) and Blue Mountains City Council (BMCC) being amended through a NSW Government Proclamation.

While the parcels are owned by Penrith City Council as authorised in the proclamation, the registered titles to the lands were never transferred. Resolution of the title transfer will finalise the land assembly required for the Regatta Park redevelopment project, enable the future consolidation of Penrith City Council’s land holdings in the precinct and simplify future land dealings and management moving forward.

As the land transfer has not yet occurred, the proposed easements, restriction on the use of the land and the right of access must be created with the endorsement of both Penrith City Council and Blue Mountains City Council as the current registered landowners of the affected parcels of land.

The easement will burden nine (9) lots as detailed below.

Lot/DP	Landowner	Lot/DP	Landowner
5/342116	BMCC	125/751662	BMCC
A/420745	PCC	126/751662	BMCC
B/420745	PCC	1/1117991	PCC
15/751662	BMCC	2/1117991	PCC
124/751662	BMCC

Table 1: Site Details and Ownership of lots burdened by the electrical easement

All costs associated with the registration and installation of the services will be funded by the project budget.

Following the completion of the land transfer, the lots that form part of the Regatta Park Project will be consolidated and subdivided into six (6) lots including the dedication of the new proposed roads as identified in the draft proposed plan of subdivision attached to this report.

Community Notification

In accordance with section 47 of the Local Government Act 1993 Council has;

· Provided public notice of the proposal in the local newspaper

· Exhibited a notice on the land to which this proposal relates

· Given notice of the proposal to owners/occupiers of the land adjoining the community land or within close vicinity to the land that may be directly affected by the proposal.

Submissions in writing may be made to council concerning the proposal during the 28 day notification period. Before granting an easement, Council must consider all submissions and if a person makes a submission by way of objection to the proposal, Council must obtain the Minister’s consent to register the easement.

The public notification period will conclude on Friday 28 October 2022. If no objections are received, the proposed easements will proceed to registration as per the details contained within this report.

Financial Implications

This report seeks Council’s approval for the creation of easements, a restriction on the use of land and a right of access over Council’s land located within the Regatta Park Precinct to facilitate upgrades to the electrical infrastructure as part of the Park redevelopment. The required public notification period is currently underway and if no objections are received the proposed easements will proceed with registration. All costs associated with the registration and installation of the services will be funded by the Regatta Park project budget.

Risk Implications

The risk implications for this project have been considered and there are no risks that have been identified that would result from the matter being considered as contained in this report.

Conclusion

To facilitate the necessary upgrades to the electrical infrastructure as part of the construction of the Regatta Park upgrade project, Council’s support is required for the creation of easements, restrictions on the use of the land and a right of access associated with the installation of a padmount station and associated services. The easements and restriction will benefit Endeavour Energy Network Asset Partnership on behalf of Epsilon Distribution Ministerial Holding Corporation.

RECOMMENDATION

That:

1. The information contained in the report on Proposed easements, restriction on the use of land and right of access over Regatta Park Emu Plains be received

2. Council support the creation of the easements, restriction on use of the land and right of access as detailed within this report.

3. Council support the proposed subdivision and road dedication.

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

ATTACHMENTS/APPENDICES

1. ⇩	Easement Plan and Location Plan	2 Pages	Appendix
2. ⇩	Proposed Plan of Subdivision	1 Page	Appendix

Ordinary Meeting 31 October 2022

Sydney Metro Substratum Acquisition for the underground rail corridor

Compiled by: Tara Braithwaite, Development Manager

Authorised by: Andrew Moore, Director - Corporate Services

Nathan Ritchie, Property Development Manager

Outcome	We have open and collaborative leadership
Strategy	Deliver an efficient, transparent and accountable service to the community
Principal Activity	Provide property services and manage community and commercial requests for the use of Council owned or controlled land

Executive Summary

Sydney Metro – Western Sydney Airport(WSA) will become the transport spine for Greater Western Sydney, connecting communities and travellers with the new Western Sydney International (Nancy-Bird Walton) airport and the growing region. The city-shaping project, from St Marys through to the new airport and the Western Sydney Aerotropolis will provide major economic stimulus for Western Sydney. The 23-kilometre of new railway will link residential areas with job hubs including the new Aerotropolis and connect travellers from the new airport to the rest of Sydney’s public transport system.

The tunnels for the Sydney Metro WSA will run through a reserved underground rail corridor, also known as a substratum corridor. Sydney Metro needs to acquire a ‘substratum’ area of land under the surface of the land to construct the underground metro line. The substratum acquisitions for the project affects six (6) parcels of land owned by Penrith City Council (PCC), four (4) parcels of land owned by Department of Planning and Environment (DPE) under PCC Care Control and Management (CCM) and thirteen (13) local public roads vested in PCC.

Background

Sydney Metro is Australia’s biggest public transport project, transforming the region with a world-class railway network. Sydney Metro - WSA has been working with stakeholders and industry to create a project that will deliver a fast, safe and reliable metro and support the success of the future Western Parkland City. The Western Parkland City covers parts of Greater Western Sydney including the established centres of Greater Penrith, Liverpool and Campbelltown-Macarthur.

The project includes six new metro stations at:

· St Marys, interchanging with the existing suburban railway station and connecting customers with the rest of Sydney’s rail system

· Orchard Hills, to service a future commercial and mixed-use precinct

· Luddenham, to service a future education, innovation and commercial precinct

· two stations within the airport site, at the airport terminal and at the airport business park

· the commercial heart of the Western Sydney Aerotropolis (the area proposed to be named Bradfield).

The Australian and NSW governments have a shared objective of having Sydney Metro – Western Sydney Airport operational when Western Sydney International airport opens for passenger services in 2026.

Where possible, the underground corridor for the WSA line runs beneath major roads, open space or public buildings. However, in some cases where this is not feasible, the underground corridor runs beneath private property.

The project includes two sections of twin rail tunnels, which generally run parallel to each other. The northern tunnel, which runs from St Marys to Orchard Hills is about 4.3 kilometres long and is between 11 and 36 metres below ground. The southern section of the tunnel runs between the Airport Business Park and the Aerotropolis and is around 5.5km long. Under the airport, the tunnel is between 12 and 26 metres underground, and from Badgerys Creek to the Aerotropolis the tunnel is between 17 and 30 metres below ground.

Sydney Metro acquires only the amount of substratum land needed to safely construct and provide long-term protection for the tunnels which is typically seven metres above, below and either side of the tunnels. In some instances, these measurements will vary to account for other underground infrastructure like cross passages.

Statutory Powers and Compensation

For substratum (underground) acquisitions, the land is acquired by compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991 (JT Act). The JT Act sets out the statutory process that Sydney Metro must follow when it is necessary to acquire land using a compulsory process.

The Transport Administration Act 1988 (NSW) (TA Act) provides Sydney Metro the power to acquire the substratum land and negates the need to pay compensation unless;

a) the surface of the overlying soil is disturbed; or

b) the support of that surface is destroyed or injuriously affected by the construction of the tunnel; or

c) any mines or underground workings on adjacent land are rendered unworkable or are injuriously.

Current Situation

On 28 February 2022, Sydney Metro provided an introductory letter to Penrith City Council advising property owners of the need to acquire substratum land for the Sydney Metro – WSA. This included six (6) parcels of land owned by Penrith City Council (PCC), four (4) parcels of land owned by Department of Planning and Environment (DPE) under PCC Care Control and Management (CCM) and thirteen (13) local public roads vested in PCC. The plans for substratum acquisition were registered with the NSW Land Registry Service in March 2022 and a notation was placed on property titles.

On 26 April 2022, to commence the formal acquisition process, Sydney Metro issued a Proposed Acquisition Notice (PAN). The PAN is to notify property owners that the substratum land will be acquired after not less than 90 days, by publication of an acquisition notice in the Government Gazette.

The Acquisition Notice was published in the NSW Government Gazette on 25 August 2022, and the ownership of the substratum land was transferred to Sydney Metro. On the 29 August 2022, Council received notification from the Valuer General confirming that there was no compensation payable to Council for the acquisition.

Sydney Metro anticipates that construction of the underground metro line will commence in early 2023.

Vibration levels are predicted to be well below accepted standards and expert studies indicate damage to any structures is highly unlikely. As a precaution Sydney Metro carried out property condition surveys on Council’s owned and managed properties in August and September 2022 as part of the pre-construction planning. The property condition surveys record the existing condition of surface structures and property condition through photographic documentation and notation.

Property Condition surveys will also be taken after the construction works to provide a point of comparison for further investigation and assessment should damage be identified. If damage is identified, it would be rectified by Sydney Metro at no cost to the property owner.

The sites affected by the substratum acquisition are detailed below. Further information is included in the attached Plan of Acquisition.

Affected Property Address	Title Particulars
70-76 Carinya Avenue St Marys	Lot 176 DP26908 Lot 177 DP26908 Lot 210 DP26908
2 The Kingsway St Marys	Lot 2 DP851152
71 Werrington Road Werrington	Lot 71 DP844168
Gipps Street, Claremont Meadows	Lot 11 DP1194036

Table 1: Substratum Acquisition Penrith Council owned land

Road Name	Suburb
Glossop Street	St Marys
Station Street	St Marys
Queen Street	St Marys
West Lane	St Marys
Carinya Ave	St Marys
Camira Street	St Marys
Kalang Ave	St Marys
Werrington Road	St Marys
Gipps Street	St Marys
Gipps Street	Claremont Meadows
Fowler Street	Claremont Meadows
Sunflower Drive	Claremont Meadows
Caddens Road	Claremont Meadows
Kent Road	Orchard Hills
Lansdowne Road	Orchard Hills

Table 2: Substratum Acquisition under public controlled roads

Affected Property Address

Title Particulars

72 Werrington Road Werrington

Lot 3 DP263098

Lot 72 DP844168

Lot 2 DP264098

Lot 6 DP217883

Table 3: Substratum Acquisition owned by DPE with PCC as CCM

Financial Implications

As detailed in this report the tunnels for the Sydney Metro Western Sydney Airport will run through a reserved underground substratum rail corridor. Sydney Metro has formally acquired substratum land owned by Penrith City Council or managed by Council under Care Control and Management to construct and provide long-term protection for the tunnel.

The acquisition occurred by publication of the Acquisition Notice in the NSW Government Gazette on 25 August 2022. In accordance with the Land Acquisition (Just Terms Compensation) Act 1991 (JT Act) and The Transport Administration Act 1988 (NSW) (TA Act). Compensation to Council was not payable for the substratum land acquired for the purpose of constructing the tunnel, as supported by the Valuer General in their determination.

Property condition assessment has been undertaken prior to construction works, and if damage to Council property is identified it would be rectified by Sydney Metro at no cost to Council.

Risk Implications

The compulsory acquisition of the substratum land was undertaken in accordance with the provisions of the Land Acquisition (Just Terms) Compensation Act 1991 and within Sydney Metro’s powers under the Transport Administration Act 1988 (NSW). On this basis the risk implications for the matter contained within this report is considered low.

Conclusion

The tunnels for the Sydney Metro Western Sydney Airport will run through a reserved underground substratum rail corridor. To safely construct and provide long-term protection for the tunnels, Sydney Metro has formally acquired substratum land owned or managed by Penrith City Council. The acquisition occurred by publication of the Acquisition Notice in the NSW Government Gazette on 25 August 2022.

In accordance with the Land Acquisition (Just Terms Compensation) Act 1991 (JT Act) and The Transport Administration Act 1988 (NSW) (TA Act) compensation was not payable for the land acquired for the purpose of constructing the tunnel, as supported by the Valuer General in their determination.

RECOMMENDATION

That the information contained in the report on Sydney Metro Substratum Acquisition for the underground rail corridor be received and noted.

ATTACHMENTS/APPENDICES

1. ⇩	PAN & Plan of Acquisition PCC (6 lots)	30 Pages	Attachments Included
2. ⇩	PAN & Plan of Acquisition DPE PCC CCM (4 lots)	28 Pages	Attachments Included
3. ⇩	Gazette Notice	6 Pages	Attachments Included
4. ⇩	Letter from Valuer General RE Compensation	20 Pages	Attachments Included
5. ⇩	Project Alignment Map	1 Page	Attachments Included

Ordinary Meeting 31 October 2022

Annual Pecuniary Interest Returns 2021-2022

Compiled by: Avanthi Fernando, Governance Officer

Adam Beggs, Governance Coordinator

Authorised by: Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer

Outcome	We have 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

According to Clause 4.21 of the Model Code of Conduct for Local Councils in NSW 2020 “a Councillor or designated person must make and lodge with the General Manager a return in the form set out in Schedule 2 of the Code, disclosing the interests specified in Schedule 1 of the Code within three months after becoming a Councillor or designated person, and 30 June each year and the Councillor or designated person becoming aware of an interest they are required to disclose under Schedule 1 that has not been previously disclosed…”.

Designated persons include the General Manager, other senior staff, and staff holding a position identified by the Council as a position of a designated person because it involves the exercise of certain functions such as regulatory or contractual. As set out in Clause 4.21 first returns must be completed and lodged within three months of becoming a Councillor or designated person while annual returns must be completed and lodged within three months of 30 June each year.

Current Situation

Part 4 of the Model Code of Conduct regarding the registration and tabling of returns lodged by Councillors and designated persons is as follows:

Clause 4.24 - The General Manager must keep a register of returns required to be lodged with the General Manager under Clause 4.21, using the form set out in Schedule 2 of the Code.

Returns required to be lodged with the General Manager under Clause 4.21 must be tabled at a Meeting of the Council.

A register of all returns lodged by Councillors and designated persons, in accordance with Clause 4.21 of the Code of Conduct, is currently kept by Council as required by this part of the Code.

Returns lodged under clause 4.21 are to be made publicly available in accordance with the requirements of the Government Information (Public Access) Act 2009. Accordingly, returns will be available on Council’s website subject to redaction, where permitted in accordance with public interest principles and applicable guidelines. Consultation is undertaken with designated persons before being published.

The following Clause 4.21 (b) returns have been lodged:

Councillor	Return Period	Date Lodged
Cr Bernard Bratusa	01 July 2021 – 30 June 2022	13 July 2022
Cr Jim Aitken OAM	01 July 2021 – 30 June 2022	22 July 2022
Cr John Thain	01 July 2021 – 30 June 2022	28 September 2022
Cr Karen McKeown OAM	01 July 2021 – 30 June 2022	18 July 2022
Cr Kevin Crameri OAM	01 July 2021 – 30 June 2022	31 August 2022
Cr Mark Davies	01 July 2021 – 30 June 2022	19 August 2022
Cr Robin Cook	01 July 2021 – 30 June 2022	12 July 2022
Cr Ross Fowler OAM	01 July 2021 – 30 June 2022	13 July 2022
Cr Todd Carney	01 July 2021 – 30 June 2022	16 August 2022
Cr Tricia Hitchen	01 July 2021 – 30 June 2022	24 August 2022

Name	Position Title	Return Period	Date Lodged
Adam Wilkinson	Engineering Services Manager	01 July 2021 – 30 June 2022	19 August 2022
Andrew Jackson	Director Development and Regulatory Services	01 July 2021 – 30 June 2022	21 July 2022
Andrew Moore	Director – Corporate Services	01 July 2021 – 30 June 2022	19 August 2022
Andrew Robinson	Community Facilities and Recreation Manager	01 July 2021 – 30 June 2022	16 September 2022
Brian Steffen	Director – City Services	01 July 2021 – 30 June 2022	14 July 2022
Carlie Ryan	City Strategy Manager	01 July 2021 – 30 June 2022	18 July 2022
David Parry	Customer Experience Manager	01 July 2021 – 30 June 2022	03 August 2022
Glenn McCarthy	Governance Manager	01 July 2021 – 30 June 2022	14 July 2022
Gregory McCarthy	Environmental Health & Compliance Manager	01 July 2021 – 30 June 2022	19 September 2022
Jade Bradbury	Children’s Services Operations Manager	01 July 2021 – 30 June 2022	13 July 2022
Jane Howard	ICT Operations Manager	01 July 2021 – 30 June 2022	20 July 2022
Jennifer Pollard	City Resilience Manager	01 July 2021 – 30 June 2022	21 September 2022
John Gordon	City Presentation Manager	01 July 2021 – 30 June 2022	19 September 2022
Joshua Fayle	People and Culture Manager	01 July 2021 – 30 June 2022	22 August 2022
Kylie Powell	Director – City Futures	01 July 2021 – 30 June 2022	25 July 2022
Linda Ross	People and Children Manager	01 July 2021 – 30 June 2022	27 September 2022
Matthew Bullivant	Legal Services Manager	01 July 2021 – 30 June 2022	18 July 2022
Michael Jackson	Design & Projects Manager	01 July 2021 – 30 June 2022	03 August 2022
Natasha Borgia	City Planning Manager	01 July 2021 – 30 June 2022	18 August 2022
Nathan Ritchie	Property Development Manager	01 July 2021 – 30 June 2022	27 September 2022
Neil Farquharson	Financial Services Manager	01 July 2021 – 30 June 2022	19 September 2022
Peter Wood	Development Services Manager	01 July 2021 – 30 June 2022	13 July 2022
Rebecca Hackney	Communications Manager	01 July 2021 – 30 June 2022	30 September 2022
Robert Tweddle	Manager, Ripples	01 July 2021 – 30 June 2022	13 July 2022
Sandy Davies	Director - Community and People	01 July 2021 – 30 June 2022	19 July 2022
Sarah Dean	Library Services Manager	01 July 2021 – 30 June 2022	26 July 2022
Stephen Britten	Chief Governance Officer	01 July 2021 – 30 June 2022	22 August 2022
Tracy Chalk	Waste & Resource Recovery Manager	01 July 2021 – 30 June 2022	19 July 2022
Warwick Winn	General Manager	01 July 2021 – 30 June 2022	17 August 2022

The following Clause 4.21 (a) first returns have been lodged:

Name	Position Title	Start Date	Date Lodged
Cr Glenn Gardiner	Councillor	5 December 2021	15 May 2022
Cr Jonathan Pullen	Councillor	5 December 2021	19 September 2022
Cr Mark Rusev	Councillor	5 December 2021	20 September 2022
Cr Marlene Shipley	Councillor	5 December 2021	12 September 2022
Cr Sue Day	Councillor	5 December 2021	23 September 2022
Kevin Brennan	City Economy and Marketing Manager	5 September 2022	9 September 2022
Meghan Whittaker	City Activation, Community and Place Manager	01 July 2022	19 July 2022

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

Regional Roads	2022/23	Basis of grant
Block Grant - Road Component	$554,000	100%
Block Grant – Supplementary Road Component	$156,000	100%
Block Grant – Traffic Facilities Component	$503,000	100%
Total allocation to Penrith City Council:	$1,213,000

1. ⇩	Aerial Image of the Subject Land	1 Page	Attachments Included
2. ⇩	Eco Logical Australia POM Nepean River ' Our River' (Tench Reserve, River Road Reserve & Weir Reserve)	82 Pages	Attachments Included