28 November 2022

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held remotely using audio visual links, audio streamed and in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 28 November 2022 at 7:00PM.

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

Yours faithfully

 

Alan Stoneham

Acting General Manager

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to Councillor Jim Aitken OAM for this meeting.

 

Leave of absence has been requested by Councillor Todd Carney for:

Ordinary Meeting on 28 November 2022

 

2.           APOLOGIES

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 31 October 2022.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING COUNCIL

6.           MAYORAL MINUTES

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Penrith Community Safety Partnership Meeting - 10 August 2022.

Heritage Advisory Committee Meeting - 2 November 2022.

Local Traffic Committee Meeting - 7 November 2022.

Access Committee Meeting - 9 November 2022.

Policy Review Committee Meeting - 14 November 2022.

 

10.         DELIVERY PROGRAM REPORTS

11.         URGENT BUSINESS

12.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 28 November 2022

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

WEBCASTING NOTICE

 

 

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

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

Australians all let us rejoice,

For we are one and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

 

 

 

 

 

 

 

 

 

 

 

 



 

 

 

 

 

 

WEBCASTING NOTICE

 

Please note that tonight’s meeting other than the

confidential sessions are being recorded and will be

placed on Council’s website. All in attendance should

refrain from making defamatory statements. Council

takes all care when maintaining privacy, however

members of the public gallery and those addressing

Council should be aware that you may be recorded.

 


Statement of Recognition of

Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage

 

 

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

 

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

 

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

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

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

 

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

 

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

 

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

 

 

 

 

 


Council Chambers

Seating Arrangements


For members of the public addressing the meeting


 

 

 

Lectern


 

 

     Directors


 

 

 

Acting
General Manager
Alan Stoneham
Her Worship the Mayor Councillor Tricia Hitchen



Governance Coordinator Adam Beggs






Minute Clerk

MediaClr Mark Davies

South Ward

 

Clr Mark Rusev

South Ward

 

 

Clr Bernard Bratusa

East Ward

 

 

Clr Glenn Gardiner

North Ward

 

 

Clr Ross Fowler OAM

North Ward

 

 

Clr Marlene Shipley

Public GalleryEast Ward

 

 

Clr Jim Aitken OAM

South Ward

 

 

Clr Jonathan Pullen

North Ward

 

Clr Sue Day

South Ward

 

Clr Kevin Crameri OAM

North Ward

 

Clr John Thain

North Ward

 

Clr Todd Carney

East Ward

 

Clr Robin Cook

East Ward

 

Clr Karen McKeown OAM

ManagersSouth Ward

 

 

Directors


 


Oath of Office

 

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

 

 

Affirmation of Office

 

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

 

 

 

 

 

Local Government Act 1993, Section 233A

 


2022 MEETING CALENDAR

January 2022 - December 2022

(Adopted by Council – 10 January 2022)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.00pm

 

 

 

 

 

2v

 

 

 

 

 

 

 

 

 

10^

 

 

21@

 

28

 

30#

27*

25

22@

26^

31ü

28#+

12

Policy Review Committee

7.00pm

 

 

 

 

14

 

9

 

11

 

12

 

14

 

 

 v

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

 *

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

 #

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

 @

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

 ^

Election of Mayor and/or Deputy Mayor

 ü

Meeting at which the 2021-22 Annual Statements are presented

 

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

 +

Meeting at which the Annual Report is presented

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

-            Extraordinary Meetings are held as required.

-            Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).

Should you wish to address Council, please contact Governance Coordinator, Adam Beggs on 4732 7597.

 

 

 


UNCONFIRMED MINUTES

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

COUNCIL CHAMBERS

ON MONDAY 31 OCTOBER 2022 AT 7:00PM

 

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

 

WEBCASTING STATEMENT

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

 

STATEMENT OF RECOGNITION

The Deputy Mayor, Councillor Todd Carney read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

 

PRAYER

The Council Prayer was read by Rev Christine Bayliss Kelly.

PRESENT – IN PERSON

Deputy Mayor, Councillor Todd Carney and Councillors Bernard Bratusa, Mark Davies, Sue Day, Ross Fowler OAM, Glenn Gardiner, Mark Rusev, Marlene Shipley and John Thain.

 

PRESENT – ATTENDED REMOTELY

 

Councillors Robin Cook, Kevin Crameri OAM and Karen McKeown OAM.

 

LEAVE OF ABSENCE

286 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor John Thain that Leave of Absence be granted to Councillor Jim Aitken OAM for Ordinary Meetings and Policy Review Committee Meetings up to and including 12 December 2022.

 

APOLOGIES

287  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Rusev that apologies be accepted from Her Worship the Mayor, Councillor Tricia Hitchen and Councillor Jonathan Pullen.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 26 September 2022

288  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies that the minutes of the Ordinary Meeting of 26 September 2022 be confirmed.

 

 

DECLARATIONS OF INTEREST

Councillor Marlene Shipley declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 - Appointment of a Councillor Representative on the Board of St Marys Town Centre Limited as she has been on the Board of St Marys Town Centre Limited.  Councillor Shipley stated that she would remain in the meeting during consideration of this item.

 

Councillor Todd Carney declared a Non-Pecuniary Conflict of Interest – Less than Significant  in Committee of the Whole Item 5 - General Manager Recruitment as he knows a person who is employed by one of the companies being considered for engagement as recruitment consultants.

 

Councillor Bernard Bratusa declared a Pecuniary Interest in Committee of the Whole Item 5 – General Manager Recruitment as his son works for one of the firms outlined in the report.

 

 

Mayoral Minutes

 

1        The passing of Mr Riccardo (Rick) Pisaturo OAM                                  

289  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Ross Fowler OAM that the Mayoral Minute on The passing of Mr Riccardo Rick) Pisaturo OAM be received.

 

2        Council thanks Angus Dawson for his contribution to the Property Development Advisory Panel                                                                    

290  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor John Thain that the Mayoral Minute on Council thanks Angus Dawson for his contribution to the Property Development Advisory Panel be received.

 

3        Council's success at the Keep Australia Beautiful NSW Sustainable Cities Awards 2022                                                                                     

291  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor John Thain that the Mayoral Minute on Council's success at the Keep Australia Beautiful NSW Sustainable Cities Awards 2022 be received.

 

Reports of Committees

 

1        Report and Recommendations of the Access Committee Meeting held on 14 September 2022                                                                       

292  RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor Mark Rusev that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 14 September, 2022 be adopted.

 


 

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 10 October 2022                                                             

293  RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Sue Day that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 10 October, 2022 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Procedural Motion

294  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that Items 2, 4 and 6 be considered before all other items of business.

 

 

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

 

2        Appointment of a Councillor Representative on the Board of St Marys Town Centre Limited                                                                       

295  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Mark Davies

That:

1.     The information contained in the report on Appointment of a Councillor Representative on the Board of St Marys Town Centre Limited be received.

2.     Council nominate Councillor Marlene Shipley to the Board of St Marys Town Centre Ltd.

3.     Council write to St Marys Town Centre Limited advising the Board of its nomination.

 

 

Outcome 3 - We plan and shape our growing City

 

4        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

296  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor John Thain

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 the Mayor of the Day 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.

 

6        Penrith Lakes and Master Planning Process - Endorsement of Councillor Representatives for the Penrith Lakes Executive Committee                         

297  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Robin Cook

That:

1.     The information contained in the report on Penrith Lakes and Master Planning Process - Endorsement of Councillor Representatives for the Penrith Lakes Executive Committee be received.

2.     Council nominate Councillors Ross Fowler OAM and Robin Cook as its representatives on the Penrith Lakes Executive Committee.

 

 

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

 

1        Community Events and Activations Outcomes and Upcoming Program                                                                                                       

298  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the information contained in the report on Community Events and Activations Outcomes and Upcoming Program be received.

 

 

Outcome 3 - We plan and shape our growing City

 

3        Fire Safety Update                                                                                      

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

That:

1.     The information contained in the report on Fire Safety Update be received.

2.     Council continue to monitor the premises as part of its Fire Safety Program.

3.     Fire and Rescue NSW be advised of Council’s decision.

 

 

5        Submission - Six Cities Region Discussion Paper                                 

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

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.

 

 

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

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

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.

 

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 Marlene Shipley

 

Councillor Ross Fowler OAM

 

Councillor Glenn Gardiner

 

Councillor Bernard Bratusa

 

Councillor Mark Rusev

 

Councillor Mark Davies

 

 

 

Outcome 4 - We manage and improve our built environment

 

11      Transport for New South Wales (TfNSW) 2022/23 Road Funding Grants                                                                                                           

302  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor John Thain

That:

1.     The information contained in the report on Transport for New South Wales (TfNSW) 2022/23 Road Funding Grants be received

2.     The TfNSW 2022/23 Program Funding Block Grant of $1,213,000 be accepted.

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

4.     Council write to the State Government formally thanking them for the Road Funding Grants.

 

 

8        Sport and Recreation Strategy Delivery Progress Report                     

303  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor John Thain that the information contained in the report on Sport and Recreation Strategy Delivery Progress Report be received.

 

 

9        WestInvest Fund Local Government Direct Round - Grant Acceptance                                                                                                  

304  RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Ross Fowler OAM

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.

 

 

 

10      Transport for NSW (TfNSW) Regional Road 2022/23 REPAIR
Program (Rehabilitation) Funding Grants                                               

305  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Mark Davies

That:

1.     The information contained in the report on Transport for NSW (TfNSW) Regional Road 2022/23 REPAIR Program (Rehabilitation) Funding Grants be received

2.     Council accept the grant of $300,000, offered under the Transport for NSW (TfNSW) 2022/23 Regional Road REPAIR Program, for the pavement reconstruction works on Jamison Road, South Penrith between Penrose Crescent and Evan Street.

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

4.     Council write to the State Government formally thanking them for the REPAIR Program Grant Funding.

 

 

12      RFT22/23-03 Surveyors Creek Floodlights Upgrade                              

306  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor John Thain

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.

 

13      Regatta Park, Emu Plains - Engagement of Kiosk Architect                 

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

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.

5.     All Councillors be briefed at a Councillor briefing as soon as possible outlining what has been happening with this project and what the end result is going to look like.

 

 

Outcome 5 - We have open and collaborative leadership

 

14      Primary Application Tench Reserve Regentville                                    

308  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor John Thain

That:

1.     The information contained in the report on Primary Application Tench Reserve Regentville be received.

2.     Council submit a Primary Application for Possessory Title Claim over the subject land as described within this report.

3.     Upon successful transfer the land be classified as community land in accordance with s.31 of the Local Government Act 1993.

4.     Upon successful transfer the land be categorised as a Park in accordance with s.36 of the Local Government Act 1993 as outlined in this report.

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

 

 

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

309  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor John Thain

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.

 

 

 

 

16      Sydney Metro Substratum Acquisition for the underground rail corridor                                                                                                        

310  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor John Thain that the information contained in the report on Sydney Metro Substratum Acquisition for the underground rail corridor be received and noted.

 

 

17      Regatta Park Plan of Management                                                           

311  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor John Thain

That:

1.     The information contained in the report on Regatta Park Plan of Management be received

2.     Council endorses the adoption of the Regatta Park Plan of Management 2022 provided.

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

 

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

312  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor John Thain

That:

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

2.     Council adopt the Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors accompanying this report.

 

19      Annual Pecuniary Interest Returns 2021-2022                                        

313  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor John Thain

That:

1.     The information contained in the report on Annual Pecuniary Interest Returns 2021-2022 be received

2.     All Annual Pecuniary Interest Returns lodged be made publicly available in accordance with the requirements of the Government Information (Public Access) Act 2009 subject to appropriate redactions.

 

 

 

 

 

20      Audit, Risk and Improvement Committee                                                

314  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor John Thain that the information contained in the report on Audit, Risk and Improvement Committee be received.

 

 

21      Appointment of Independent Audit, Risk and Improvement Committee Members                                                                                  

315  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor John Thain

That:

1.     The information contained in the report on Appointment of Independent Audit, Risk and Improvement Committee Members be received

2.     Council resolves to appoint Ms Elizabeth Gavey (Chairperson), Ms Sheridan Dudley and Mr Carl Millington as independent external members of Council’s ARIC, for a term of 4 years, who are to be remunerated in accordance with NSW Treasury: Prequalification Scheme: Audit & Risk Committee Independent Chairs & Members

3.     Letters of commendation and thanks be sent on behalf of the Mayor to the outgoing members of the ARIC, Mr Darren Greentree, Mr Bruce Turner AM and Mr John Barbeler.

4.     The requirement for number of independent ARIC members be reduced from four to three.

 

 

22      Summary of Investment & Banking for the period 1 September 2022 to 30 September 2022                                                                                 

316  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor John Thain

That:

1.     The information contained in the report on Summary of Investment & Banking for the period 1 September 2022 to 30 September 2022 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 September 2022 to 30 September 2022 be noted and accepted.

3.     The graphical Investment Analysis as at 30 September 2022 be noted.

 


 

 

Committee of the Whole

 

317 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robin Cook that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 7:38pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Karen McKeown 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        Road Lease Agreement - Unused Road Reserve adjacent to Lot 10 Deposited Plan 607528 known as 2257-2265 Castlereagh Road, Penrith                                              

 

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

 

3        Council Property - Licence Agreement - Operational Land - 207- 209 Queen Street, St Marys (Part Lot 1 DP 599326) to Optus Fixed Infrastructure Pty Ltd                          

 

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

 

4        Council Property - Licence Agreement - Community Land - Part Lot 1 Factory Road, Regentville - Bennett Cruising Pty Ltd                                                                           

 

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

 

5        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.

 

 

Councillor Bernard Bratusa declared a Pecuniary Interest in Committee of the Whole Item 5 – General Manager Recruitment as his son works for one of the firms outlined in the report. Cr Bratusa left the meeting and did not return, the time being 7:38pm.

 

The meeting resumed at 8:10pm and the Acting Governance Manager reported that the Committee of the Whole met at 7:38pm on 31 October 2022, the following being present:

 

Deputy Mayor Councillor Todd Carney and Councillors Robin Cook, Kevin Crameri OAM, Mark Davies, Sue Day, Ross Fowler OAM, Glenn Gardiner, Karen McKeown OAM, Mark Rusev, Marlene Shipley and John Thain.

 

and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1 and that the Committee of the Whole submitted the following recommendations to Council.

 

 

CONFIDENTIAL BUSINESS

 

2        Road Lease Agreement - Unused Road Reserve adjacent to Lot 10 Deposited Plan 607528 known as 2257-2265 Castlereagh Road, Penrith                                              

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

CW2 That:

1.     The information contained in the report on Road Lease Agreement - Unused Road Reserve adjacent to Lot 10 Deposited Plan 607528 known as 2257-2265 Castlereagh Road, Penrith   be received.

2.     Council approve the proposed new road lease agreement under the terms and conditions listed within the report.

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

 

 

3        Council Property - Licence Agreement - Operational Land - 207- 209 Queen Street, St Marys (Part Lot 1 DP 599326) to Optus Fixed Infrastructure Pty Ltd                     

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

CW3 That:

1.     The information contained in the report on Council Property - Licence Agreement - Operational Land - 207- 209 Queen Street, St Marys (Part Lot 1 DP 599326) to Optus Fixed Infrastructure Pty Ltd be received

2.     Council approve a renewal of the terms of the existing Data and Business Services Equipment Licence as per the terms and conditions listed within the report.

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

 

 


 

 

4        Council Property - Licence Agreement - Community Land - Part Lot 1 Factory Road, Regentville - Bennett Cruising Pty Ltd                                                                

RECOMMENDED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev   

        CW4  That:

1.     The information contained in the report on Council Property - Licence Agreement - Community Land - Part Lot 1 Factory Road, Regentville - Bennett Cruising Pty Ltd be received.

2.     Council commence the advertising process for a new 5 year Licence Agreement over the existing slipway at Lot 1 Factory Road, Regentville, known as Lot 1 DP566392, Area 2 in accordance with Section 47A of the Local Government Act 1993.

3.     Upon completion of the advertising process Council enter into a new 5 year Licence Agreement, at less than commercial value, over the existing access and slipway at Lot 1 Factory Road, Regentville, known as Lot 1 DP566392, Area 2 at the reduced rate of $1,000 per annum indexed annually at 3% for a period of 5 years.

 

5        General Manager Recruitment                                                                                         

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Rusev         

CW5 That:

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

2.     Council delegates to the Mayor the task of managing the recruitment process for the General Manager role, pursuant to the Section 23A Guidelines for the Appointment and Oversight of General Managers.

3.     Council shortlist Orchard Talent, Amrop Carmichael Fisher and Omera Partners recruitment consultants with the Selection Panel authorised to make the final appointment after further consideration.

4.     Council agrees to approach and appoint one of the suitably qualified independent females as determined in Committee of the Whole.

5.     Council endorses the proposed recruitment process and timing as outlined in this report.

6.     Council delegates to the Selection Panel the authority to determine the shortlisted applicants and conduct the first round of interviews and to select the final candidates for Council’s consideration, noting final candidates will present to the whole of Council at an Extraordinary Meeting of Council in Committee of the Whole, prior to Council resolving to appoint a candidate.

7.     Council delegates to the Mayor the task of negotiating and entering into a five-year Senior Staff contract within the determined salary structure.

8.     Council delegates to the Selection Panel to determine the General Manager remuneration structure.

 

 

 

ADOPTION OF Committee of the Whole

 

318  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Rusev that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5 be adopted.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:14pm.

 

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Glenn McCarthy

Public Officer

02 4732 7649                                                         

   


Mayoral Minutes

 

Item                                                                                                                                       Page

 

1        The passing of Mr John Mullane                                                                                        1

 

2        Our hearts go out to the Lachlan Shire community                                                           3

 

 

 

 



Ordinary Meeting                                                                                         28 November 2022

 

Mayoral Minute

The passing of Mr John Mullane

           

 

It is with a heavy heart that I acknowledge the passing of highly respected Planning Consultant, Mr John Mullane, who made an enormous contribution to our City and was regarded as one the most talented planners in NSW.

 

John passed away suddenly last month following a distinguished career in town planning and a longstanding association with Council and the local community.

 

Born and bred in Penrith, John started his career at the Valuer General’s Office before moving into town planning at Bankstown Council, and then Camden Council where he played a key role in the master planning of several major developments that shaped the Camden we see today.

 

He then moved to Glenbrook where he established his own Planning Consultancy and here began a successful 30-year relationship between John and Council that helped deliver some of the most outstanding developments in our region.

 

John was highly respected and incredibly intelligent. He knew Penrith and the planning system like the back of his hand and used this knowledge in a productive way - always with Penrith’s best interests at heart.

 

A man of integrity, honesty and professionalism, John was a gentleman who was always courteous and helpful to all Council staff - and they admired him for it. Staff always felt they were working with John towards the best outcomes, and despite his wealth of experience and expertise, he always took the time to listen to others and value their advice.

 

He was a skillful facilitator and effective mediator who also gave his time generously to mentor and assist other planners, helping many further their careers and others in establishing themselves as consultants.

 

And as a frequent visitor to Council’s Civic Centre, the spare office at the front counter was affectionately known as “John’s office”.

 

Outside of work, John’s dedication to helping the local community was far reaching.  He helped establish Our Lady of the Way Catholic Church at Emu Plains, served many years as member and Deputy Chair on the Penrith Performing and Visual Arts Board, and supported a variety of local groups and organisations across Western Sydney, sharing his time and expertise at no charge.

 

We have not only lost an outstanding town planner, but a strong advocate for our City and friend to Council.

 

On behalf of my Councillor colleagues and Penrith City Council, I extend my sincere condolences to John’s wife Margaret, daughter Dimity, son Josh and their families. Please know we appreciate and honour the lasting contribution John made to our organisation, its staff and the people and City of Penrith.

 

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Councillor Tricia Hitchen

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on The passing of Mr John Mullane be received.

 


Ordinary Meeting                                                                                         28 November 2022

 

Mayoral Minute

Our hearts go out to the Lachlan Shire community  

           

 

Our hearts and thoughts are with the people in the Lachlan Shire and all the communities around the country affected by the ongoing devastation of floods.

 

For over a month, the state’s central west has been battered with severe flooding conditions, and their communities continue to brace themselves for potentially more destructive weather.

 

It’s hard to believe that only three years ago, the region was in extreme drought to now face back-to-back floods, leaving hundreds of crops and livestock losses, hundreds of homes damaged and roads destroyed.

 

It is a very difficult and challenging time made worse by the uncertainty of what's to come and what's ahead once the flood waters recede.

 

And while we know these communities have always shown great resilience in time of crisis, we also know that this is one of the most damaging natural disasters to hit the region, leaving many in shock and traumatised.

 

We feel deeply for all affected, especially those in the Lachlan Shire with whom Penrith has a very close relationship – one sealed by a Friendship Agreement signed 16 years ago. During this time, our councils have united on many initiatives, bringing great benefit to both our regions.

 

And Council has extended our hand of friendship, offering our support to the Lachlan Shire community to help them through this difficult time.

 

On behalf of my Councillor colleagues and Penrith community, I wish to send these communities my heartfelt best and to let them know they are in our thoughts.

 

Penrith stands in solidarity with them and will do whatever we can to support them now, and in the weeks and months ahead.

 

 

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Councillor Tricia Hitchen

Mayor

 

  

 

RECOMMENDATION

That the Mayoral Minute on Our hearts go out to the Lachlan Shire community  be received.

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Notices of Motion

 

Item                                                                                                                                       Page

 

1        Penrith Paceway Site                                                                                                         1

 

 

 



Ordinary Meeting                                                                                         28 November 2022

Notice of Motion

1          Penrith Paceway Site            

 

 

Councillor Karen McKeown OAM TO MOVE:

 

That:

 

1.   Council opposes any residential development or residential rezoning on the Penrith Paceway site.

 

2.   Council opposes any residential development or residential rezoning on the current Penrith Stadium site.

 

Note from Council Officers:

 

If this Motion is passed, it would not bind Council in any future decision, and a proponent would still be entitled to lodge a Planning Proposal, that would need to be considered on its merits.

 

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 10 August 2022                                                                                                             1

 

2        Report and Recommendations of the Heritage Advisory Committee Meeting held on 2 November 2022                                                                                                                  5

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 7 November 2022                                                                                                                                    8

 

4        Report and Recommendations of the Access Committee Meeting held on 9 November 2022                                                                                                                                           12

 

5        Report and Recommendations of the Policy Review Committee Meeting held on 14 November 2022                                                                                                                16

 

 

 

 

 

 

 



Ordinary Meeting                                                                                         28 November 2022

 

REPORT AND RECOMMENDATIONS OF THE
 Penrith Community Safety Partnership MEETING

HELD ON 10 August, 2022

 

 

 

PRESENT

Mayor, Councillor Tricia Hitchen, Penrith City Council; Olivia Kidon, Penrith City Council; Allison Kyriakakis, Penrith City Council; Jeni Pollard, Penrith City Council (Chair); Erin Davidson, Penrith City Council; Megan Whittaker, Penrith City Council; Craig Busby, Nepean Police Area Command; Jacob Player, Nepean Police Area Command; Collin Mitchell, Nepean Police Area Command; Julie Page – Nepean Blue Mountains Local Health District Needle and Syringe Program.

 

APOLOGIES

Councillor Karen McKeown OAM, Penrith City Council; Joy Impiombato, Nepean Community and Neighbourhood Services.

 

CONFIRMATION OF MINUTES - Penrith Community Safety Partnership Meeting - 27 October 2021

The minutes of the Penrith Community Safety Partnership Meeting of 27 October 2021 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

NIL

 

 

DELIVERY PROGRAM REPORTS

 

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

 

1.   Update on delivery of Community Safety Projects

 

1.   Development of new Community Safety Plan 2023 – 2027

 

Olivia Kidon advised that the current Community Safety Plan 2018-22 is coming to an end in December 2022. The Community Safety team is commencing work to develop a new Community Safety Plan 2023-27 for the next four years. The new Plan will respond to existing, new and emerging community safety concerns and insights.

 

Council has adopted four previous Community Safety Plans and will build on the success and learnings from these.

 

The NSW Department of Communities and Justice (DCJ) provides guidelines that support councils to develop their own crime prevention strategies. Strategies can be submitted to DCJ for endorsement and eligibility to apply for NSW Government crime prevention grant funding. Current guidelines are under review however councils are encouraged to continue to respond to the needs of their communities through local actions and strategies.

 

A Request for Quotation was advertised in June 2022 for consultancy services to deliver community engagement activities and to draft the new Community Safety Plan 2023-2027. A preferred consultant has been selected and will be formally engaged to commence work in September 2022.

 

2.  Domestic & Family Violence Campaign 2021 – 16 Days of Action

 

Olivia provided an overview of the 16 Days of Action Against Gender Based Violence campaign in 2021, which runs annually from 25 November to 10 December.

 

Olivia advised that the Walk Against Domestic Violence did not take place last year. This was due to due to the ongoing impact of COVID-19.

 

An online campaign was held for the 16 Days of Action. The campaign promoted gender equality and ending violence against women and girls.

 

Council’s social media platforms promoted messages and actions for individuals, communities and organisations can work together to end violence against women and girls.

 

The campaign was launched in partnership with Western Sydney Community Forum with an online forum via Zoom. The forum opened with a formal address from Councillor Karen McKeown followed by a panel discussion with participants from Nepean Police Area Command and specialist women’s domestic and family violence (D&FV) services. A total of 40 people joined the Zoom event.

 

The Civic Centre was lit up Orange each night to raise awareness and support for the 16 Days of Action.

 

Council also hosted a free 2-hour online community training workshop facilitated by DV education specialists Our Watch. The training was attended by 15 community members and representatives of local services exploring the drivers of domestic and family violence.

 

Planning is now underway for this year’s 16 Days of Action campaign. As Tench Reserve and Regatta Park will still be under construction, a walk will not take place this year. Other opportunities are being investigated, including online and in-person education efforts, with further updates to be provided to the Partnership closer to the date.

 

3. Nepean Blue Mountains Domestic & Family Violence Forum

Olivia advised that Council supported the delivery of the Nepean Blue Mountains Domestic & Family Violence Forum held on Thursday 30 June 2022 at The Joan. The theme was ‘Moving with the Change – early intervention, consent, and respectful relationships and approximately 60 people attended.

 

Key topics that were presented included, sex and consent in NSW legislation, respectful relationships and education for young people and strengthening consent in education.

 

NSW legislation is set to change in 2023 and there has been increased interest and momentum in the delivery of the Love Bites Respectful Relationships Program developed by the National Association for the Prevention of Child Abuse (NAPCAN). The Community Safety team will explore opportunities for enhanced coordination of the program’s delivery in local schools across the City.

 

 

 

4.  Warner Graffiti Education Program

 

Olivia provided an update on the Warner Graffiti Education Program and advised that it continues its final year of delivery to Year 5 and Year 8 students at schools across Penrith.

The workshop delivers a 45-minute interactive program where students learn about the impacts of graffiti vandalism and its links to other issues faced by many young people, such as peer pressure.

 

Throughout March, May and June 2022, 24 in-school programs have been presented to local primary and secondary schools. This follows a significant decline to in-school program delivery in 2021 due to COVID-19 lockdowns, home learning and school visitor restrictions.

 

Final bookings are being scheduled for the remainder of 2022. The development of a new Community Safety Plan will provide an opportunity to explore new programs that respond to new and emerging issues identified through community engagement.

 

5. Responding to Community Safety Concerns – Illegal trail bikes

 

Allison Kyriakakis advised that illegal trail bike riding continues to be an ongoing challenge for both Council and the Nepean Police Area Command, given the significant amount of open public space available across the City.

 

Council is working closely with local Police to address this issue and relies heavily on community information and reporting to identify areas of concern.

 

Actions that Council currently undertakes include signage, police liaison, bollards/fencing at known hotspots, letterboxing of information relating to penalties and legal avenues to ride trailbikes.

 

Council has also established an internal working group with Rangers and City Presentation to develop a strategy that responds to community concerns through a coordinated approach.

 

6.  Federal Community Development Grant Funded Projects

 

Allison provided an update on three current Federal Government Community Development Grant Projects:

 

The two grant-funded CCTV projects are now complete. This includes a $150,000 grant for CCTV cameras at identified public space locations in St Marys (22 cameras) and Werrington (3 cameras); and a $100,000 grant for CCTV cameras in Kingswood (8 cameras). Footage is only accessible only to police for criminal investigations in accordance with Council’s CCTV Code of Practice. The project aims to support public space safety at these locations.

 

Allison further advised that the grant-funded Great River Walk Safety Upgrade Project ($1million grant funding) has been progressed. The installation of 30 pedestrian light poles along the section of footpath between Jamison Road and Nepean Avenue, Penrith, has been completed. The project aims to support safe, night-time use of this popular section of the Great River Walk.

 

Due to significant cost savings, Council is looking to extend the project to deliver a stage 2 along Tench Reserve, from Jamison Road to the East Bank dining precinct.

Further updates on the second stage of the lighting installation will be provided to the Partnership at upcoming meetings.

 

RECOMMENDED

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

 

POLICE UPDATE

 

Acting Senior Sergeant Craig Busby, Crime Coordinator for Nepean Police Area Command (PAC), advised that current data indicates most crime categories for the Nepean PAC are trending down or stable. Domestic and family violence incidents have experienced an upward trend. Stealing offences (from retail and vehicles) are also trending upwards and Police are targeting offenders.

 

There is a continued focus on safety in and around licenced premises, but incidents are trending down. Police are working with licenced premises for compliance support.

 

Sgt Busby also noted that Police are anticipating greater activity in the coming months with festivals returning, and strong community desire for events and night-time entertainment.

 

Officers are conducting a retail theft operation on a monthly basis with plain clothes officers.

They are also working with loss prevention officers and meeting with teams from Woolworths, Bunnings and Westfield to target increasing grocery theft.

 

A youth violence program is being launched. A trailer will be set up with game consoles and activities for school children with information on drugs and alcohol. The Liquor Accord is also supporting the safe consumption of alcohol and highlighting the effects of drugs and alcohol.

 

Illegal trail bikes are an ongoing and complex issue for police. Enforcement by police is governed by policies and they are moving to a new approach by targeting the location of bikes.

 

Activating Facebook and social media has been a priority engaging with the community and pushing community safety messages. The Nepean PAC’s current following is 44,000.

 

 

GENERAL BUSINESS

 

No general business was raised.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 2.10pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 10 August, 2022 be adopted.

 


Ordinary Meeting                                                                                         28 November 2022

 

REPORT AND RECOMMENDATIONS OF THE
 Heritage Advisory Committee MEETING

HELD ON 2 November, 2022

 

 

 

PRESENT

Councillor Ross Fowler OAM (Chair), Councillor Mark Rusev (online), Peter Wood (PCC), James Heathcote (PCC), Abby Hale (PCC), Kathryn Sprang (PCC), Natalie Stanowski (PCC), Jessica Gadd (PCC), Otto Cserhalmi, Eleanor Banaag, Rowan Day, David Gordon, Beth Moore, Brian Cartwright, Phil Martin, James Broadbent and Wendy Herne (online).

 

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Heritage Advisory Committee Meeting - 15 June 2022

The minutes of the Heritage Advisory Committee Meeting of 15 June 2022 were confirmed..

 

 

DECLARATIONS OF INTEREST

 

Councillor Ross Fowler OAM declared an interest in Item 1 – Voluntary Planning Agreement for 57 Henry Street, as he has a business interest on an adjoining site.

 

Rowan Day declared an interest in Item 1 – Voluntary Planning Agreement for 57 Henry Street, as he reviewed the Conservation Management Plan for the Heritage Item on the site.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We plan and shape our growing City

 

1        Voluntary Planning Agreement for 57 Henry Street Penrith

City Planning Officers provided an update to the Committee on an offer to enter into a Voluntary Planning Agreement (VPA) associated with a Planning Proposal at 57 Henry Street, Penrith, which is on public exhibition until 3rd November 2022. Committee members clarified aspects of the proposed signalised intersection configuration under the proposal with staff in relation to extent of proposed works, property boundaries and curtilage of the heritage listed site, in particular proximity to the former school building.

The Committee raised concerns over the impact on the heritage significance of the item due to the boundary adjustment required for the slip lane proposed with regard to encroachment on the existing curtilage. The concerns included reduced adaptive re-use potential, scale and location of future built forms on site, visual proximity of the road and footpath, potential vandalism, vehicle crash impacts, safety and security including fencing requirements. The Committee also questioned scope for alternatives to the concept intersection configuration proposed with consideration of other adjoining lands.

 

         

RECOMMENDED

That:

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

2.   Concerns expressed by the Committee be reported to Council for consideration in a report on the outcome of the exhibition of the draft Voluntary Planning Agreement for 57 Henry Street, Penrith.  

 

2        Heritage Assistance Fund

Council staff provided an overview of Council’s Heritage Assistance Fund with a presentation including some ‘before and after’ examples of completed, part funded projects for residential properties. The committee were advised of the 20 applications received for this financial year and of the 17 recommended for funding within budget in accordance with the report. There was some questions and discussion with members around future scope for non-residential properties to be considered for grant funding with advice that that there are also state and federal grants which can be applied for outside of this project.                                                                                                                         

RECOMMENDED

That:

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

2.      The recommendations to grant heritage funding (and not to grant funding) be endorsed as outlined within this report.

3.     The persons who made an application for heritage assistance be notified of the outcome and the reasons for support / non-support (as applicable).

 

Outcome 5 - We have open and collaborative leadership

 

3        150 Year Anniversary of Council Program Conclusion

Council staff thanked the Committee for their previous advice regarding the 150 year campaign. The committee were advised on the success of the campaign despite occurring during COVID lockdown. There was positive traction on social media and through online forums that was shown through a presentation.                                     

RECOMMENDED

That the information contained in the report on 150 Year Anniversary of Council Program Conclusion be received.

 

 

GENERAL BUSINESS

 

 

GB 1           Old Post Office Site, Emu Plains

The Committee asked Council staff whether there is a Development Application lodged for the old post office site in Emu Plains as she saw an advertisement in the Western Weekender. Council staff advised that this would be confirmed for the next committee meeting. 

 

GB 2           Committee Members 

Council staff put forward a thanks to the new committee members for applying and bringing their new expertise to the committee. It is recommended that a letter be sent to each of the previous committee members from the Mayor in appreciation of their contribution and service to the Committee. The Committee agreed with this recommendation.

RECOMMENDED that letters be sent to previous committee members for recognition and appreciation for their years of service to the Heritage Advisory Committee.

 

GB 3           Future Heritage Advisory Committee Meeting Dates    

Council staff advised the committee that there will not be a meeting for December given there is nothing to report at this stage. It was advised that further notification would be provided to the committee regarding the meeting calendar for 2023.

The Chair asked the committee if they are happy for meetings to remain at 5:00pm on Wednesday evenings and the Committee agreed.

 

 

The Chair thanked everyone for their attendance and wished everyone a happy new year.

 

There being no further business the Chair declared the meeting closed the time being 6:30pm.

 

 

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Heritage Advisory Committee meeting held on 2 November, 2022 be adopted.

 


Ordinary Meeting                                                                                         28 November 2022

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 7 November, 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

Councillor Karen McKeown OAM (Council Representative), Councillor Robin Cook (Representative for the Member of Londonderry), Raymond Tran – Transport for NSW (TfNSW), Siva Balasubramaniam – Transport for NSW (TfNSW), Ken Hind – Transport for NSW (TfNSW) and Sergeant Leon Cross - Nepean Police Area Command (PAC).

IN ATTENDANCE

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

 

APOLOGIES

Mayor Tricia Hitchen (Representative for the Member of Penrith).

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 10 October 2022

The minutes of the Local Traffic Committee Meeting of 10 October 2022 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We manage and improve our built environment

 

1        Local Traffic Committee – Proposed Meeting Dates for 2023                 

RECOMMENDED

That:

1.     The information contained in the report on Local Traffic Committee – Proposed Meeting Dates for 2023 be received.

2.     The listed dates for Local Traffic Committee meetings be confirmed for 2023.

 


 

 

2        Grays Lane, Cranebrook - Proposed Conversion of Raised Children's Crossing to Full-Time Raised Pedestrian (Wombat) Crossing at Henry Fulton Public School

Raymond Tran – Transport for NSW (TfNSW) queried if the children’s crossing will be retained and if so could the Recommendations be amended to reflect this. Wendy Read – Road Safety Officer confirmed that a combined type pedestrian crossing is proposed and will operate as a full-time pedestrian crossing but will be supplemented by other elements of the children’s crossing, including barber poles, children’s crossing flags and white vehicle hold lines, and that the Recommendations will be amended to reflect this.                                                                                                     

RECOMMENDED

That:

1.     The information contained in the report on Grays Lane, Cranebrook - Proposed Conversion of Raised Children's Crossing to Full-Time Raised Pedestrian (Wombat) Crossing at Henry Fulton Public School be received.

2.     The proposed combined type raised (wombat) pedestrian crossing and associated signage, including retention of the existing children’s crossing barber poles and white vehicle hold lines, be listed to Council’s Traffic Facilities Prioritisation Program to be implemented once funding is obtained.

3.     Once funding for the combined type 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.

4.     A street lighting assessment to be conducted by Council’s Design Team in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category and AS1158.4 for the proposed raised pedestrian crossing and existing raised pedestrian crossing on Grays Lane, Cranebrook.

5.     Council’s City Assets Section be advised of Council’s resolution that outlines the School’s request for consideration of civil works upgrades, including road shoulder resealing and edge line along Grays Lane and the student drop-off and pick-up zone (near the rear gate); and road resurface be included to Council’s funding prioritisation program for future delivery, as funding and resources permit.

6.     The School Principal, Department of Education and School Infrastructure NSW be advised of Council’s resolution. 

 

3        Kent Road and Lansdowne Road, Orchard Hills - Endorsement of Signage and Line Marking Plan                                                                   

RECOMMENDED

That:

1.     The information contained in the report on Kent Road and Lansdowne Road, Orchard Hills - Endorsement of Signage and Line Marking Plan be received.

 

2.     Design plans DS2021/000117 (dated 8/11/2021) and SMWSASBT-CPG-OHE-SN150-TF-DRG-032210 (dated 5/09/2022) for the proposed pavement widening and signage and line marking changes along Kent Road and Lansdowne Road, Orchard Hills, as shown in Appendix 1 and Appendix 2, be endorsed for construction.

3.     All works are to be undertaken at no cost to Council.

 

4        Forrester Road, St Marys - Endorsement of Design Plans AF78 for a Shared Path

Mr Adam Wilkinson (Council’s Engineering Services Manager) advised the Committee of feedback provided by TfNSW. Prior to the meeting, Raymond Tran – Transport for NSW (TfNSW) provided some comments to be considered in the design so the matter will be deferred for further review with the Recommendations to be amended to reflect this.                                                                                                                                    

RECOMMENDED

That:

1.     The information contained in the report on Forrester Road, St Marys - Endorsement of Design Plans AF78 for a Shared Path be received.

2.     The matter be deferred subject to further review and discussion with Council’s Design Team.

 

5        Evan Street, Penrith - Consultation feedback on the proposed 'No Parking - Australia Post Vehicles Excepted' Zone

Sergeant Leon Cross - Nepean Police Area Command (PAC) queried if consultation had been completed with #56 and #58 Evan Street. Lalaine Malaluan – Traffic Engineer confirmed that consultation has been previously carried out with both sides of Evan Street.

Councillor Karen McKeown OAM (Council Representative) expressed her concerns with the existing location of the post box being on a busy road and close to an intersection but appreciates the efforts of Council Officers to find a more convenient location for it on Evan Street.                                                                                            

RECOMMENDED

That:

1.     The information contained in the report on Evan Street, Penrith - Consultation feedback on the proposed 'No Parking - Australia Post Vehicles Excepted' Zone be received.

2.     The proposed ‘No Parking – Australia Post Vehicles Excepted’ signage be installed on Evan Street as shown in Appendix 1.

3.     Australia Post, adjoining residents, Council’s Design and Project Engineer, and Council’s Civil Works Engineer be advised of Council’s resolution.

 


 

 

GENERAL BUSINESS

 

GB 1           Upcoming Leave for Raymond Tran – Transport for NSW (TfNSW)       

Mr Raymond Tran – Transport for NSW (TfNSW) advised he will be going on leave from November 2022 and returning in March 2023. During this time, Mr Ken Hind will be covering him (working Tuesdays, Wednesdays and Thursdays) with the assistance of Mr Siva Balasubramaniam.

RECOMMENDED

That the information be noted.

 

GB 2           Barry Street, Cambridge Park    

Councillor Karen McKeown OAM (Council Representative) has received representation from a resident regarding speeding on Barry Street, Cambridge Park, and would like us to arrange for the VMS Speed Advisory Trailer to be deployed at this location between Oxford Street and Eton Road. 

RECOMMENDED

That the VMS Speed Advisory Trailer be deployed to Barry Street, Cambridge Park, between Oxford Street and Eton Road.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:21am.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 November, 2022 be adopted.

 


Ordinary Meeting                                                                                         28 November 2022

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 9 November, 2022

 

 

 

PRESENT

Jeni Pollard – Manager City Resilience (Chair), Clr Robin Cook, Clr Todd Carney, Matthew Roger, Farah Madon, Alan Windley, Carole Grayson, Karen McIntrye, Dianne Brookes, Megan Whittaker- City Activation, Community and Place Manager, Allison Kyriakakis – Community Resilience Coordinator, Marcela Hart – Community Capacity Lead, Natalie Wadwell – Community Capacity Officer, Nik Proufas – City Assets Manager, Craig Squires – Building Certification and Fire Safety Coordinator, Lauren Van Etten – Senior Development Assessment Planner, Ari Fernando – Major Projects and Design Coordinator, David Melocco – Melocco and Moore Architects (Presenter).

 

 

APOLOGIES

Mayor Clr Tricia Hitchen, Anthony Mulholland.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 14 September 2022

The minutes of the Access Committee Meeting of 14 September 2022 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

Farah Madon declared a conflict of interest in Item 3 – Development Application DA22/0881, 137-147 Lethbridge Street Penrith, and excused herself from this portion of the meeting.

 

 

DELIVERY PROGRAM REPORTS

 

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

 

1        Implementation Update for the Disability Inclusion Action Plan 2022-26

Natalie Wadwell provided an update on the DIAP implementation since the September meeting. This included:

-        Information on progress for the four Stretch Projects (Awareness Campaign, Employment Summit, Play Space Guides and Pedestrian Access and Mobility Plan).

-        Advice that Council will be signing up to the Zero Barriers Project, an awareness and education program focused on educating businesses/services to become more disability friendly. Dianne Brookes suggested exploring insurance policy concessions for businesses signed up to Zero Barriers.

-        Information on Council initiatives for the International Day of People with Disability which is on 3 December 2022. This includes activities at Penrith Library and Community Sector Training on 1 December 2022.

-        Information on recent training with Council staff on inclusive presentation and engagement techniques and efforts to raise staff awareness of the Access Committee’s role, including an ‘Access Hub’.

Allison Kyriakakis provided an overview of the Access Committee 30 Year Anniversary Celebration held on 19 September 2022 and thanked the Committee for their participation. Allison acknowledged the contribution of member Matthew Roger who gave a speech at the event with his own personal insights as a local disability advocate.                                 

RECOMMENDED

That the information contained in the report on Implementation Update for the Disability Inclusion Action Plan 2022-26 be received.

 

2        Disability Access Improvement Program 2021-2022

Marcela Hart provided an update on the Disability Access Improvement Fund including some recent upgrades at the Penrith Regional Gallery (Lewers Bequest), Glebe Place and Parker Street Penrith footpath connection, improvements to Sunbird Terrace Playground, Glenmore Park including accessible play equipment and upgrades to David Currie Play Space, St Clair.

New projects for 2022-2023 include a portable OMI Vista Mobii for the Library and inclusive marketing assets.

Concern was raised about the Lewers gallery improvements regarding the alignment of the footpath and the width of the ramp to the entry of the verandah. There was a question asked about whether the ramps were fixed to allow safe travel for heavy power wheelchairs. This will be assessed by Council officers.                                        

RECOMMENDED

That the information contained in the report on Disability Access Improvement Program 2021-2022 be received.

 

 

Outcome 3 - We plan and shape our growing City

 

3        Development Applications Referred to Access Committee

DA22/0881 137-147 Lethbridge Street, Penrith Alterations and Additions to Penrith RSL Club. Demolition of existing car parking, construction of seven (7) new ground floor retail tenancies, new function room, two (2) outdoor terraces, alterations to club foyer/entry, alterations to façade treatment, altered vehicular access.

Lauren Van Etten spoke to the current development application of the Penrith RSL club. Key accessibility considerations include providing access from Tindale Street to the main club entry and directly to tenancies. All pedestrian entrances are to be designed to be accessible, twelve (12) accessible parking spaces are located on the ground floor.

Issues discussed by the committee included:

•        Concerns regarding wheelchair access to the club when the existing lift is out of order, current alternative is not suitable for larger wheelchairs

•        No step access to retail tenancies to be considered

•        Committee requested that the club be encouraged to include adult change facilities in the upgrade

•        Committee suggested a review of lighting within the parking lot to be considered due to the uneven lighting and shadows that the current lighting creates

•        Clarification regarding the entry door to the club, if it is being altered and if so, is it a revolving or straight opening door

•        Automatic doors to stay open for longer to allow for different mobility needs.

•        Castlereagh street floods consistently so it was suggested to ask for level detail in the blueprints.

         

RECOMMENDED

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

 

 

Outcome 4 - We manage and improve our built environment

 

4        Cook Park Amenity Building Upgrade

David Melocco spoke to the upgrade of the Cook Park Amenities at Cook Park, St Marys. This includes proposed compliance to the accessibility code AS1428.1, pathway access from the car park, amenities building and grandstand, compliant access to lift to the first floor.

Issues discussed by the committee included:

•        Proposed carers seat located near the wheelchair seating to be mandatory

•        Suggestion to upgrade the Umpire’s Room to include an accessible changeroom

•        Wheelchair turning space to be provided at the lower section of the stadium seating

•        Accessible ramp access to be provided to the top of the existing stage.           

RECOMMENDED

That the information contained in the report on Cook Park Amenity Building Upgrade be received.

 

 

GENERAL BUSINESS

 

GB 1           Bus stop at Evan and Derby Streets   

Alan Windley advised that the bus stop at Evan and Derby Streets that was upgraded, has now been removed. Requested that Council provide some further information as to why it has been removed.

 

GB 2           Nepean Hospital Disability Consumer Council     

Matthew Roger advised that he is part of the Consumer Council, and they are currently working on their website upgrade. He asked for learnings and key considerations from Council staff to inform his advocacy.

 

Health Services Plan for Nepean Blue Mountains is currently being revised. Matthew has shared this with the Access Committee members to garner feedback and the Penrith Community Care Forum.

 

A new website for Nepean Blue Mountains Health is currently being developed. Matthew has asked for feedback from Council on what Council has done in relation to the Service Directory on Council’s website to make it easier for people with disability so that he can share it with them.

 

GB 3           Autonomous Bus Trial       

Both Matthew and Karen participated in the Autonomous Bus Trial and had a great day.

 

GB 4           Preschool Launch Day       

Dianne Brookes advised that she participated in a project at her granddaughter’s new preschool. The project was about being friends with everyone.

 

GB 5           Accessible Buses on the western side of the River      

Councillor Todd Carney mentioned that he had been approached by a community member regarding the lack of accessible buses operating during the day around the Lewers Gallery area on the western side of the river. Cr Carney asked for advocacy to the State Government for more accessible buses and bus routes on the western side of the Nepean River.

 

GB 6           Transport for NSW Disability Inclusion Action Plan (DIAP)  

Anthony Mulholland has sent information through to Council, raising concerns about wayfinding at St Marys Station during construction and advising that Transport for NSW currently has consultation open for feedback on their DIAP.  Natalie Wadwell to share information with the Access Committee on opportunities for input into the Transport for NSW DIAP.

 

GB 7           End of Year Survey for Access Committee Members   

Marcela Hart advised that Council will be distributing a survey to Access Committee members to gather feedback on their experience with being part of the Access Committee.

 

GB 8           Winner of Inaugural Employer of Choice at Blind Citizen of the     Year Awards                  

Craig Shanahan (Blind Chef Café) has been recognised nationally.

 

GB 9           Access Committee Christmas Luncheon    

Jeni Pollard advised that Council will be hosting an End of Year lunch for the Access Committee members, details will be provided in the coming weeks.

 

There being no further business the Chairperson declared the meeting closed the time being 6.55pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 9 November, 2022 be adopted.

 


Ordinary Meeting                                                                                         28 November 2022

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 14 November, 2022

 

 

 

WEBCASTING STATEMENT

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

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jim Aitken OAM for the period 3 October 2022 to 30 December 2022 inclusive.

RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that a Leave of Absence be granted to Councillor Robin Cook for her non-attendance at this meeting.

 

APOLOGIES

The apology from Deputy Mayor, Councillor Todd Carney was accepted.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 12 September 2022

The minutes of the Policy Review Committee Meeting of 12 September 2022 were confirmed.

 

DECLARATIONS OF INTEREST

 

Councillor Marlene Shipley declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 - St Marys Town Centre Corporation - 2021-22 Annual Report and Audited Financial Statement, as she is on the Board of the St Marys Town Centre.

 

DELIVERY PROGRAM REPORTS

 

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

 

1        St Marys Town Centre Corporation - 2021-22 Annual Report and Audited Financial Statement                                                                       

RECOMMENDED

That the information contained in the report on St Marys Town Centre Corporation - 2021-22 Annual Report and Audited Financial Statement be received.

 

2        Children's Services Cooperative Annual Report                                      

RECOMMENDED

That:

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

2.     Council underwrites the operations of the PCCSC Ltd until the presentation to Council of the Penrith City Children’s Services Cooperative Ltd Annual Report for 2023-2024.

 

 

Councillor Mark Davies left the meeting, the time being 7:33pm.

 

Councillor Mark Davies returned to the meeting, the time being 7:36pm.

 

Outcome 4 - We manage and improve our built environment

 

4        Penrith Whitewater Annual Report 2021-2022                                           

RECOMMENDED

That:

1.     The information contained in the report on Penrith Whitewater Annual Report 2021-2022 be received

2.     Council agree to underwrite the operation of the Penrith Whitewater Stadium Limited until the presentation to Council of the Penrith Whitewater Stadium Limited Annual Report for 2023-24.

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

4.    This matter of Penrith Whitewater be brought to a Councillor Briefing to discuss strategy and financial stability.

 

Councillor Jonathan Pullen left the meeting, the time being 7:50pm.

 

Councillor Jonathan Pullen returned to the meeting, the time being 7:52pm.

 

Outcome 5 - We have open and collaborative leadership

 

7        ARIC & Internal Audit Annual Reports                                                       

RECOMMENDED

That:

1.   The information contained in the report on ARIC & Internal Audit Annual Reports be received.

 

2.   Council thank outgoing Chairman, Mr Bruce Turner AM for his ongoing service to the community.

 


 

 

6        Draft Community Engagement Policy and Draft Community Engagement Strategy and Community Participation Plan                      

RECOMMENDED

That:

1.     The information contained in the report on Draft Community Engagement Policy and Draft Community Engagement Strategy and Community Participation Plan be received

2.     That the draft Community Engagement Policy and the draft Community Engagement Strategy and Participation Plan 2022-26 be approved to go on public exhibition and presented to Council at the 12 December 2022 meeting for adoption.

 

Outcome 3 - We plan and shape our growing City

 

3        Reporting on Determined Clause 4.6 Variations to Development Standards                                                                                                       

RECOMMENDED

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

 

Outcome 5 - We have open and collaborative leadership

 

5        Annual Review of Council's Investment Policy and Strategy                 

RECOMMENDED

That:

1.     The information contained in the report on Annual Review of Council's Investment Policy and Strategy be received.

2.     Council adopts the proposed changes to the Annual Review of Council's Investment Policy tabled in this report.

 

There being no further business the Chairperson declared the meeting closed the time being 8:15pm.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 14 November, 2022 be adopted.

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

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

 

1        Magnetic Places Program - 2022-23                                                                                 1

 

2        Draft Library Services Strategy                                                                                          9

 

3        Enabling Local Business Improvement Districts White Paper Submission by Penrith City Council to Transport for NSW                                                                                          14

 

4        Request For Major Event Sponsorship - Paddle Australia Limited                                 24

 

5        Request For Community Event Sponsorships                                                                 30

 

 

 

 

 

Outcome 3 - We plan and shape our growing City

 

6        Endorsement of the St Marys Town Centre Structure Plan                                            39

 

7        Luddenham Road Planning Proposal Update, VPA and DCP

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                47

 

 

Outcome 4 - We manage and improve our built environment

 

8        Victoria Street, Kingswood – Deferred LTC Item                                                             57

 

9        RFT 22/23-02 Parker Street Athletics Amenities, Penrith                                               66

 

10      RFT 22/23-04 Boronia Park Upgrade - Amended                                                           70

 

11      RFQ 22/23-24 At Home Noise Treatment Works - Erskine Park Road Upgrade           73

 

 

Outcome 5 - We have open and collaborative leadership

 

12      RFT 22/23-22- Corporate Planning and Reporting and Project Management Software    79

 

13      Confirmation of Organisation Structure                                                                           85

 

14      2021-22 Penrith City Council Annual Report                                                                   88

 

15      Code of Conduct - Report on Complaints Statistics                                                        90

 

16      2023 Proposed Meeting Calendar                                                                                   92

 

 

17      Compulsory Acquisition of Lot 1 DP 1284387, being Part 12 Werrington Road Werrington for Public Road Purposes                                                                                                96

 

18      Organisational Financial Review - September 2022                                                     100

 

19      Finalisation of 2021-22 Financial Statements                                                                105

 

20      2022-23 Borrowing Program                                                                                          109

 

21      Summary of Investment & Banking for the period 1 October 2022 to 31 October 2022 112

 

 

 

 

 

 

 

 

 

 

 


 

 

Outcome 1 - We protect and enhance an ecologically sustainable environment

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


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

 

Item                                                                                                                                       Page

 

1        Magnetic Places Program - 2022-23                                                                                 1

 

2        Draft Library Services Strategy                                                                                          9

 

3        Enabling Local Business Improvement Districts White Paper Submission by Penrith City Council to Transport for NSW                                                                                          14

 

4        Request For Major Event Sponsorship - Paddle Australia Limited                                 24

 

5        Request For Community Event Sponsorships                                                                 30

 

 

 

 

 

 

 



Ordinary Meeting                                                                                         28 November 2022

 

 

 

1

Magnetic Places Program - 2022-23   

 

Compiled by:               Donita Hulme, Cultural Engagement Officer - Neighbourhood Renewal

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

Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are welcoming, healthy, happy, creative and connected

Strategy

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

Principal Activity

Support and implement initiatives which contribute to culture and creativity across our City

      

 

Executive Summary

This report informs Council of the outcomes of the Magnetic Places Grants program for 2021-22 and recommends 3 new collaborative arts projects for funding in 2022-23.

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

The available budget for the Magnetic Places Grants program is $50,000 per year. Applications to the Magnetic Places 2022-23 funding round opened on 10 October 2022 and closed on 3 November 2022. A total of six (6) eligible submissions were received with a total funding request of $89,822.

This report recommends three (3) projects to be funded by the Magnetic Places Grants Program in 2022-23, for a total funding spend of $44,847. The remaining $5,153 is recommended to be used to support promotion and activation of the projects.

The recommended projects provide residents with safe access to creative activities, including those with limited access to arts and cultural expression, and supports engagement with residents experiencing social isolation.

Background

Program overview

Magnetic Places is a small grants program delivered annually as part of Council’s Neighbourhood Renewal program. The Neighbourhood Renewal team supports positive change by working with people where they live to enhance the wellbeing of their neighbourhoods as healthy and vibrant places.

The total annual budget for Magnetic Places is $50,000. Since its establishment in 2007, Magnetic Places has funded 104 successful projects that celebrate collaboration, creativity and culture, positively impacting the lives of more than 15,000 residents who have engaged with the program in that time. Residents in priority areas have contributed their energy and imagination to transformative projects led by professional artists and community service organisations.

Magnetic Places encourages innovative arts projects that are accessible for our residents as they share positive narratives of the places where they live. In 2020 and 2021, the Magnetic Places grants program was refocused in response to the COVID-19 pandemic and associated health restrictions.

The impacts made by the projects funded include greater community cohesion, improved wellbeing, development of safer and more attractive public spaces, and the sharing of local stories. The projects have also resulted in the installation of permanent and temporary artworks across the city’s Neighbourhood Renewal areas.

 

Magnetic Places projects delivered in 2021-22

In 2021-22, a total of five Magnetic Places projects were funded. Projects offered residents in Neighbourhood Renewal areas safe access to meaningful arts experiences via online interaction (Magnetic Creative Faces), outdoor engagement (Five Elements Orrery), building projections (Untitled: Untold tales by the unheard), and socially distanced workshops (St Marys Sings, North St Marys New Visions).

Outcomes from four of these projects were incorporated into the first night of the St Marys Lights Up event on 7 May 2022. Funded through the NSW Government’s Festival of Place Open Streets Program, St Marys Lights Up brought thousands of people to Coachmans Park and West Lane car park, St Marys on four Saturdays in May 2022. Residents came along to enjoy live performances, DJs, food trucks and a pop-up urban garden space. Through this event, Magnetic Places projects were celebrated with more than 1,500 community members, contributing to quality outcomes and maximising use of creative resources.

The five Magnetic Places projects supported in 2021-22 were:

1.    Five Elements Orrery - Laura Bestman and Hugh Burrell
The temporary installation of a captivating, 6 metre tall, kinetic wind-light sculpture with slowly spinning arms and chassis covered in addressable LEDs. Visitors could move through and around the sculpture. This was featured as a temporary public art installation at the St Marys Lights Up event in May 2022.

Image: Five Elements Orrery at St Marys Lights Up

A picture containing tree, outdoor, light, decorated

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2.    Magnetic Creative Faces - Lorretta Farrell
Online videos and expert feedback guided 14 local artists to capture themselves at work using their phones. Socially-distanced interviews completed this look into Penrith artists of diverse backgrounds, practices and ages. The video was screened on the big screen in Coachmans Park, during the St Marys Lights Up events with Bluetooth headphones for viewers and is available for viewing by the community at vimeo.com/705676883.


Image: Interview of local artist Johnnie Evans

   A group of people in a room

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3.    North St Marys New Visions - Abbas Makrab
After a long wait, locals were able to return to a group setting for design and mosaic workshops that provided skills development, connection and laughter. Five works of public art were installed around Robin Wiles Park, North St Marys.

Images: Celebration poster and one of five mosaics installed at Robin Wiles Park

A picture containing calendar

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4.    St Marys Sings - Fusion Western Sydney (NSW)
Local residents of all singing abilities worked with a professional choir director and accompanist over 10 weeks to learn new songs and timeless classics both in and out of doors. Some participants have since gone on to join the community-based Inspire Choir.
A live performance was held on the Coachmans Park stage in St Marys.

Image: Media support for St Marys Sings (Western Weekender 18/02/22)

A picture containing text, newspaper

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5.    Untitled: Untold Tales By The Unheard - Gabriel Faatau'uu-Satiu (NSW)
Shop facades on Queen St, St Marys came alive with mapped projections of six storytellers of Pacific heritage, including two Penrith locals. Projections were displayed onto 32 Queen Street, St Marys (Pacific Green Grocery) for the community to enjoy.

Image: Still of St Marys artist Elijah Tovio and setting up projections on Queen Street

A person standing in a room

Description automatically generated with medium confidenceA picture containing text

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Current Situation

Magnetic Places 2022-23

The 2022-23 program aim is consistent with previous years – to amplify creativity, connection and vibrancy in older established neighbourhoods and to engage residents experiencing social isolation. Applications were sought for arts projects that could offer different options for participation, building on the learnings and community responses from the 2021-22 round. 

Promotion of the 2022-23 funding round

The Magnetic Places promotional campaign and application period ran for four weeks, from 10 October to 3 November 2022. A paid social media and electronic direct mail campaign was delivered by ArtsHub, the key online resource for the Australian arts sector. The program was also promoted via Council’s website and social media, as well as local community networks and interagencies.

The campaign resulted in 15 enquiries from professional artists and organisations discussing a range of interesting project ideas with Council officers, an increase on enquiries made in 2021.

A group of people wearing headphones

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Eligibility and assessment criteria

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

A total of six (6) grant applications were submitted to Magnetic Places 2022-23. The applications received were of a high quality and requested a total combined funding of $89,822.

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

1.       Attract a variety of local residents

2.       Provide quality experiences for participants

3.       Generate positive experiences of place for participants and audiences

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

5.       Deliver a public outcome

6.       Work with a sound budget and implementation plan.

 

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

When ranked against selection criteria and available funding, the competitive assessment process resulted in three (3) projects being recommended, representing a total funding request of $44,847. These projects are outlined in Table 1 below.

 

Table 1 – Summary of recommended successful applicants 2022 - 2023

No.

Project

Applicant

Location

Brief Description

Requested Funding

Recommended Funding

1.

Longing, Belonging, Belongings

Cloe Fournier

North St Marys and St Marys

Stories of local residents’ travels expressed through dance, theatre, text, music, visual arts and video media, ending with a site-specific, outdoor performance.

$14,847

$14,847

2.

Pathway to Connection

NCNS
(Nepean Community and Neighbourhood Services)

Cranebrook

Working with a professional artist, residents will create an art installation to enliven a busy walkway in Cranebrook.

$15,000

$15,000

3.

Werrington Community Mural

Sharon Billinge

Werrington

Creative art workshops with residents and a final mural design and BBQ at a public place in Werrington. 

$15,000

$15,000

Total

$44,847

$44,847

 

Appendix 1 lists all applications not recommended for funding and provides a brief rationale against each project. Council officers will provide individual feedback to unsuccessful applicants to assist efforts with any future applications. Where appropriate, other funding sources will also be identified.

The projects recommended for funding total $44,847, leaving $5,153 unallocated from the 2022-23 budget. It is recommended that this be used to support promotion and activation efforts for each of the three projects funded.

 

 

 

 

Financial Implications

Funding of up to $50,000 is available within existing Neighbourhood Renewal budgets included in the 2022-23 Operational Plan. It is recommended that $44,847 is allocated as summarised in Table 1 (above), and that the unallocated $5,153 will be used to support promotion and activation efforts for each of the projects funded.

Risk Implications

The 2022-23 round of Magnetic Places has considered mitigation measures that minimise the risks of in-person programming being disrupted by factors such as outbreaks of disease or extreme weather events.

In addition, many applicants have given consideration to options and actions that may be required to accommodate COVID safe measures, and Council officers will provide support where possible if this eventuates and remain flexible to respond to projects that may be impacted by cancellations or rescheduling. Ensuring safety of the community is priority.

All successful applicants must comply with Council's policies and procedures as a condition of receiving the grant, including maintaining Public Liability Insurance. Council officers will work closely with successful applicants to review project activities and actions to mitigate any possible risks to the community.

Conclusion

As part of the 2021-22 Magnetic Places Grants Program, over 500 residents enjoyed arts experiences through five projects shaped with artists, community service providers, and neighbours to amplify their own creativity and transform how they experience the places they live.

The allocated budget for the Magnetic Places Grants program in 2022 – 23 is $50,000. A total of six (6) eligible submissions were received.

This report recommends three (3) projects to be funded by the Magnetic Places Grants Program in 2022-23, for a total funding spend of $44,847. The remaining $5,153 is recommended to be used to support promotion and activation of the projects.

The 3 recommended projects will engage with a diverse range of people and continue to position Penrith City as a leader in community-driven placemaking and creative neighbourhood renewal.

RECOMMENDATION

That:

1.     The information contained in the report on Magnetic Places Program - 2022-23 be received

2.     The 3 projects listed in Table 1 be funded as part of the Magnetic Places Grants Program 2022-23 for a total funding allocation of $44,847.

 

 

ATTACHMENTS/APPENDICES

1.

Applications not recomended for funding - Magnetic Places 2022-23

1 Page

Appendix

  


Ordinary Meeting                                                                                                       28 November 2022

Appendix 1 - Applications not recomended for funding - Magnetic Places 2022-23

 

PDF Creator


Ordinary Meeting                                                                                         28 November 2022

 

 

 

2

Draft Library Services Strategy   

 

Compiled by:               Sarah Dean, Library Services Manager

Authorised by:            Sandy Davies, Director - Community and People  

 

Outcome

We are welcoming, healthy, happy, creative and connected

Strategy

Plan for, deliver and improve community services

Principal Activity

Deliver library services that support a vibrant, connected community

 

Previous Items:           Draft Library Services Strategy- Councillor Briefing- 07 Nov 2022      

 

Executive Summary

The purpose of this report is to seek authorisation for the draft Library Services Strategy to be placed on public exhibition from 1 December 2022 – 13 January 2023.

The draft Library Services Strategy encompasses a set of guiding principles, priorities, support strategies and actions to guide how Council will manage and deliver future library service delivery outcomes.

Background

In March 2022, the University of Technology Sydney’s Institute for Public Policy and Governance (UTS-IPPG) was engaged to assist in the development of a new five-year library Strategy for Council to replace the current 2017-2021 Strategy.

 

Development of the Draft Strategy

UTS-IPPG used a mixed methodology to research the Strategy with information gathered and analysed against four domains of library services – 1facilities, 2resources, 3programs and services, and 4people and culture.

 

Stakeholder engagement was undertaken from March to July 2022, with 358 community members providing feedback via online surveys, focus groups and interviews.

 

Key Engagement and Research Findings

 

Collections, Technology and Customer Service

 

The community stakeholder engagement provided very positive feedback on Penrith library’s current collections, technology and customer service, with:

-     85% of respondents agreeing that the library has the books and information resources they need

-     83% of respondents agreeing that the library provides the technology they need

-     92% of respondents agreeing that they felt welcome when they visited the library

-     91% of respondents agreeing that staff were available to assist them when they needed help.

 

Programs

 

The stakeholder engagement highlighted that, although 66% of respondents believed library programs and activities met their needs, there was room to improve in the variety and depth of our library programming, particularly for adults and for emerging and previously marginalised communities.

 

Overview of the Draft Strategy

The Strategy comprises of four elements that will help how Council effectively plans, activates, and manages our library service over the next five years. These elements include:

·    Key outcomes

·    Guiding principles for decision makers

·    Priorities, strategies, and actions

·    Strategy monitoring and oversight

 

The draft Strategy can be read in full (refer Attachment 1), however it is important for the purpose of this report to highlight the key outcomes, guiding principles and the service priorities of the Strategy as these elements provide a high-level overview of what the Strategy aims to achieve and ultimately how our success will be measured.

 

Key Outcomes

 

Penrith City Council will know the Library Services Strategy is successful if, over the next five years, we successively see positive trends on each of the following outcome areas:

1.   Positive community feedback

2.   Increase in library visitors, service users and memberships

3.   Increase in the range and types of library services, activities and events held

4.   Increased promotions and community awareness of the full suite of services and events available through the Penrith City Library Service

5.   Increased library related collaborations and partnerships with external stakeholders and with different Council units designed to increase library use, access, and inclusion

6.   Positive Council feedback on the quality of operations, management and communications across the Penrith City Library Service.

 

Guiding Principles for Decision Makers

 

To frame how Council plans, manages, and activates our library services over the next five years, the Strategy has six guiding principles. These will be used to inform decisions when planning, allocating resources or assessing future library facilities, services and operations.

 

These principles are:

1.   Accessible, equitable and inclusive

2.   Customer Promise focused

3.   Connected and collaborative

4.   Innovation and life-long learning

5.   Informed by evidence and best practice

6.   Leadership, teamwork, and professionalism.

 

Library Service Priorities and Support Strategies

 

To deliver these outcomes, Council will focus its efforts on 13 support strategies. These are grouped under the four domains that make up quality library services in the 21st century. They include:

 

 

 

 

Priority 1 - Modern and Adaptable Library Facilities

 

Strategy 1

Update current library facilities to ensure they are welcoming, accessible and          modern

Strategy 2 

Plan for future library facilities to meet the service demands of the growing community

Strategy 3

Reposition libraries as contributors to community wellbeing and resilience

 

Priority 2 - Relevant and Appealing Resources

 

Strategy 4

Invest in diverse library resources (online and in hardcopy) to better cater for different users, particularly users from different cultural backgrounds or who have different abilities

Strategy 5

Continually review library systems and promotions to expand access to library resources

Strategy 6

Strengthen the library’s role in providing access to diverse local history, people and cultures

 

Priority 3 – Valued and Accessible Programs and Services

 

Strategy 7

Broaden the range of library programs and services offered to better cater for different user groups across the LGA

Strategy 8

Develop and promote an annual library services cultural and writers’ events and programs, online and in person

Strategy 9

Strengthen life-long learning opportunities covering traditional and emerging technologies, life skills, plus creative and recreational pursuits

Strategy 10

Increase and diversify promotion of library programs and services across the community and throughout Council

 

Priority 4 – Connected and Positive People and Culture

 

Strategy 11

Expand external and internal collaboration and joint initiatives featuring library facilities, resources, programs and services

Strategy 12

Implement ongoing planning, promotions, monitoring and governance arrangements to maximise the impact of libraries for all

Strategy 13

Continue to strengthen library staffing and operations including through building staff capabilities, recruiting to meet changing needs, and enhancing internal communication

 

To help implement each support strategy, specific actions have been identified drawing from the research and feedback findings. Each action has indicative timeframe, namely: short term (0 – 2 years), medium term (3 – 4 years), longer term (5+ years) or ongoing.

Please see 3.2.2 of the draft Strategy for the full list of specific actions (Attachment 1, pp. 20-24).

Current Situation

The draft Strategy was presented to the Library Services Working Party meetings for input and review on 14 July 2022 and 17 August 2022. The Working Party unanimously supported the final draft Strategy.

 

The draft Strategy was then presented at the 7 November 2022 Councillor Briefing for feedback and support.

 

If authorised, the Strategy will be placed on public exhibition from 1 December 2022 – 13 January 2023 for final community consultation. The draft Strategy will be made available to view at all Penrith library branches for this period and via various channels, including: the YourSay Penrith website, the library online catalogue, a media release and social media posts.

 

Financial Implications

 

Where feasible, existing budget and grant funding will fund the implementation of this Strategy.

 

Any actions or projects that result from this Strategy which require additional funding will be identified and pursued only once further funding through Council or other funding opportunities have been sought and approved. 

Risk Implications

The Library Services Strategy reduces risk by clearly articulating the framework Council will follow to ensure our library services continue to meet the needs of the Penrith LGA.

Conclusion

Council’s libraries are public spaces that are free to access, safe and enable connections with the wider community through a range of collections, programs and services that cater for personal interests, leisure, education and community support and development.

This draft Library Services Strategy recognises the value of public libraries and their role as cornerstones for thriving and connected communities. This Strategy ensures that Council has the outcomes, guiding priorities and strategies in place to enable Council to continue to deliver vibrant and relevant library services to the Penrith LGA.

 

RECOMMENDATION

That:

1.     The information contained in the report on Draft Library Services Strategy be received

2.     Council authorises the draft Library Services Strategy being placed on public exhibition from 1 December 2022– 13 January 2023.

 

 

 

ATTACHMENTS/APPENDICES

1.

Penrith Library Services Strategy 2023-2028

28 Pages

Attachments Included

  


Ordinary Meeting                                                                                         28 November 2022

 

 

 

3

Enabling Local Business Improvement Districts White Paper Submission by Penrith City Council to Transport for NSW   

 

Compiled by:               Rebekah Elliott, St Marys Place Manager

Authorised by:            Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are welcoming, healthy, happy, creative and connected

Strategy

Enhance community wellbeing, safety and neighbourhood amenity

Principal Activity

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

      

 

Executive Summary

This report seeks Council’s endorsement for a submission to Transport for NSW, Cities and Active Transport Division on their Enabling Local Business Improvement Districts White Paper (the White Paper) which was released for comment in October 2022.

Council officers have prepared a submission for Council’s consideration following the questions posed for consideration on Business Improvement Districts (BIDs) in the White Paper. The proposed submission is found at Appendix 1.

The submission is informed by Council’s long established partnerships with the Penrith CBD and St Marys Town Centre Corporations that closely model the format of the proposed BIDs, and our extensive experience in place management, engagement and place activation.

The White Paper positions BIDs as a mechanism to bring local business together to support and grow local economies, town centres and main streets. It goes on to say that BIDs help businesses contribute to the economic, social or cultural life in their commercial centre and/or High Street.

The White Paper outlines draft policy options the NSW Government is investigating to support the delivery of BIDs in NSW, including organisational structure, funding, and membership. This policy work forms part of the NSW Government’s ongoing efforts to support the revitalisation of business areas following the COVID-19 pandemic.

 

The proposed submission communicates that Council has existing arrangements in place with Penrith CBD Corporation and St Marys Town Centre Corporation that have some similarities to the model of operation the proposed BID policy describes. The submission also offers insight from our extensive experience and suggests that a state-wide framework that can support legislative changes to enable BIDS with a Code of Practice and Governance and Reporting Framework would support our existing work with the Corporations.

 

The White Paper was out for consultation in October 2022 and Council staff have advised Transport for NSW Cities and Active Transport Division that they can expect Council’s response in late November following consideration and endorsement of the submission at an Ordinary Council Meeting.

The purpose of this report is to seek Council’s endorsement for a submission on the proposed Enabling Local Business Improvement Districts - White Paper.

 

Background

The NSW Government, Transport for NSW Cities and Active Transport Division (the Division) released the Enabling Local Business Districts White Paper (the White Paper) in October 2022 that asks a series of questions for response.

 

BIDs are outlined in the White Paper as a mechanism to bring local businesses together to support and grow local economies, town centres and main streets.

 

BIDs are business-led, place-based partnerships, created to support local economies and to deliver services to local businesses that are additional to those provided by councils or government agencies. They allow the business community and government to work together to improve the local trading environment, drive economic growth and provide civic improvements.

 

A BID is usually a defined geographical area in which a local levy is charged on all commercial properties in addition to their usual property taxes. This levy is used to fund projects and activities which benefit businesses in the area and improve the vitality of the local economy.

 

The Division is currently investigating a framework to streamline the creation of BIDs in NSW. They are tasked with undertaking engagement and consultation with businesses, local government, landowners, government agencies and peak bodies to help inform the policy, regulation and guidance documents that will support the BID legislative framework.

 

The White Paper poses the following questions for comment, which the proposed Council submission responds to:

 

·    What are the current barriers to BIDs being established in NSW?

·    Which organizational structure is best suited for BIDs in NSW? How should they be held to account for their activities? 

·    We think the BID levy will need to be applied to the property owner. Are we right? 

·    Are BIDs best administered by the NSW Government or local councils in NSW? 

·    What activities should bids focus on in NSW? 

·    Should the NSW government set limits on what BIDs are allowed to do? 

·    How should we conduct BID ballots in NSW and what level of support should be required for a ballot to succeed? 

·    Should prospective BIDs be required to enter into an agreement with the relevant local council (and other place management authorities, where applicable)? 

·    Should we specify/limit the types of land uses that can be subject to a BID levy?

·    What should the NSW government do to support and regulate BIDs in NSW?

 

Current Situation

 

Centre Corporations

 

Council has long established partnerships with the Penrith CBD and St Marys Town Centre Corporations that closely model the format of existing international BIDs tabled in the White Paper. Like theses BIDs, the Corporations are place-based partnerships that support local businesses and economies.

 

The current model in which the Penrith City Council Town Centre Corporations operate under, external commercial entities set up as private companies limited by guarantee, is quite unique in New South Wales. The Penrith Centre Corporations model involves Council collecting funds under a Business Sub-Category Rate from all Business Category property owners within each centre. The town centre subsidies commenced in the 1998/99 financial year.

 

Over the past six years, Council has been working to strengthen the partnership arrangements and accountability of each Corporation, including the adoption of a comprehensive Key Performance Indicator Framework.

 

It is noted that the control and accountability that can be applied on a Corporation is through the funds that are distributed to them. Opportunities exist to further review the existing models at Penrith and it is suggested that appropriate legislative framework, guides and training would assist with this.

 

At this point in time, it is unclear what impacts the proposed BID Policy would have on the existing arrangement with the Penrith CBD Corporation and St Marys Town Centre Corporation. Given the potential for implications to the Business Sub-Category Rate administered by Council, staff have prepared responses to the questions asked in the White Paper. 

 

 

Proposed Submission

 

The proposed submission makes the following key points in response to the questions posed:

 

·    Penrith has had experience since 1988/99 in delivering an operating model for a Business Sub-Category rate in Penrith and St Marys., particularly more recently through direct funding agreements and an agreed key performance indicators framework.

·    Bids should focus on strengthening and supporting local business, place promotion, working with private property owners, encouraging collaboration, partnering on local activation initiatives and supporting engagement during local infrastructure programs.

·    That the funding model for BIDs should not involve a levy on businesses and should only be applied to retail and commercial property owners withing a defined BID levy area.

·    Should BIDs be delivered a state-wide framework that includes the regulations and practice notes, as well as information portals and guides, would be required.

·    There should be agreements in place between the management authority and the BIDs as this supports accountability on both sides in relation to the expenditure of public funds.

 

The draft submission can be found in full as an attachment to this report.

 

Next Steps

As further information on the BID policy becomes available and future opportunities or impacts of the Policy for Penrith is understood, updates will be arranged for Councillors as required. Staff are liaising with Transport for NSW’s Cities and Active Transport Division to arrange a Councillor Briefing in 2023 on the BIDs policy.

 

Financial Implications

 

It is currently unclear what impacts the proposed BID Policy would have on the existing arrangement of the Business Sub-Category Rate that is applied in Penrith City Centre and St Marys Town Centre.

Risk Implications

If Council does not provide a submission to the White Paper, the risk is that Council’s feedback will not be fully understood and considered in finalising the draft BID Policy and will not be incorporated to its future implementation.

There is also potential risk in relation to the current arrangement for the business sub-category rate and current agreements in place with the Penrith CBD Corporation and St Marys Town Centre Corporation. The overall risks of the BID policy are not understood currently as the policy detail is not yet available.

Conclusion

The NSW Government Transport’s Cities and Active Transport Division is investigating policy options to make it easier for Business Improvement Districts (BIDs) to be rolled out in NSW. A White Paper has been drafted which outlines policy options the NSW Government is investigating to support BIDs in NSW.

 

The NSW Government is looking at BIDs as a way to enhance the local trading environment, encourage economic growth and foster community collaboration. The proposed BID policy describes a model similar to Penrith CBD Corporation and St Marys Town Centre Corporation.

 

The proposed Council submission (Attachment 1) will be sent to the NSW Government Transport for NSW Cities and Active Transport Division for consideration in the further development and finalisation of the BID policy for NSW. Council will continue to work with the NSW Government in development of the BID policy approach.

 

RECOMMENDATION

That:

1.     The information contained in the report on Enabling Local Business Improvement Districts White Paper Submission by Penrith City Council to Transport for NSW be received

2.     Council endorse the Submission attached to this report to be forwarded to the NSW Government Transport for NSW Cities and Active Transport Division for its consideration.

 

 

ATTACHMENTS/APPENDICES

1.

DRAFT NSW Government Enabling Local Business Districts White Paper Submission

6 Pages

Appendix

  


Ordinary Meeting                                                                                                       28 November 2022

Appendix 1 - DRAFT NSW Government Enabling Local Business Districts White Paper Submission

 

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Ordinary Meeting                                                                                         28 November 2022

 

 

 

4

Request For Major Event Sponsorship - Paddle Australia Limited   

 

Compiled by:               Shelley Lee, Activation and Event Development Officer

Beau Reid, Place and Activation Coordinator

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

Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are welcoming, healthy, happy, creative and connected

Strategy

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

Principal Activity

Conduct and support events that include all members of our community

      

 

Executive Summary

The purpose of this report is to present to Council a 3-year sponsorship proposal received from Paddle Australia Limited (PA or Paddle Australia).

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

PA has for many years held national and international sporting events at both Sydney International Regatta Centre (SIRC) and Penrith Whitewater Stadium (PWS) that have delivered positive economic and reputational benefits to Penrith City.

PA has submitted a sponsorship proposal which seeks Council support to enter into a 3-year, multi-event agreement which includes opportunities to sponsor a total of 8 events scheduled to take place at the SIRC and PWS in 2023, 2024 and 2025.

The combined total sponsorship sought by Paddle Australia is $40,000 (plus GST), with an investment of $10,000 (plus GST) in Year 1 (2023), $20,000 (plus GST) in Year 2 (2024) and $10,000 (plus GST) in Year 3 (2025).

Based on projected visitation numbers, Council officers have estimated the 8 events combined could deliver approximately $3,278,447 in local economic benefit.

This report recommends that Council provides sponsorship of $40,000 (plus GST) to Paddle Australia Limited as part of a 3-year, multi-event sponsorship agreement.

Background

On 29 September 2022, Council was approached by Paddle Australia Limited (PA) to consider a sponsorship proposal in the lead up to the World Titles to be held in 2025 in Penrith. PA have submitted a detailed sponsorship proposal and business plan to support their request for sponsorship of 8 events to be held throughout 2023, 2024 and 2025 at the PWS and SIRC.

The sponsorship proposal requests Council fund a total $40,000 for 8 events throughout the years of 2023 ($10,000), 2024 ($20,000) and 2025 ($10,000), to assist with operating costs associated with running each event. The funding is proposed to assist with sourcing essential equipment and resources and marketing to assist to build interest and engagement in the sport of paddling.

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

Current Situation

Paddle Australia (PA) is the national governing body responsible for the management, coordination, development and promotion of paddle sports in Australia.

Penrith Whitewater Stadium has been confirmed as the host of the World Canoe Slalom and Canoe Sprint Championships in 2025. In the lead up to this event, PA is working to host a series of National Competitions and Championships at both SIRC and PWS in both the Canoe Sprint and Canoe Slalom disciplines.

2023 Event Program

Date 

Venue

Event/Discipline

Estimated competitors

Estimated spectators

Overnight stays

15-19 February

SIRC

Canoe Sprint and Paracanoe GP2

120

55

5 nights per visitor

17-19 February

PWS

Canoe Slalom Australian Open

200

65

3 nights per visitor

14-16 April

PWS

Canoe Slalom National Championships

110

55

3 nights per visitor

 

 

 

TOTAL PEOPLE: 605

 

The total sponsorship requested for events to be held in 2023 is $10,000 (plus GST). The 2023 events are estimated to attract approximately 605 visitors in total.

The 605 visitors are anticipated to stay within the Penrith Local Government Area. Based on the projected event visitation and overnight stays, Council has estimated the economic benefit of the scheduled events to the local economy is approximately $627,304.

2024 Event Program

 

Date 

Venue

Event/Discipline

Estimated competitors

Estimated spectators

Overnight stays

26-28 January

PWS

Canoe Slalom Oceania Championships

250

80

3 nights per visitor

14-18 February

SIRC

Canoe Sprint and Paracanoe GP2

135

55

5 nights per visitor

23-25 February

PWS

Canoe Slalom Australian Open

220

75

3 nights per visitor

6-10 March

SIRC

Canoe Sprint National Championships

240

80

5 nights per visitor

 

 

 

TOTAL PEOPLE: 1,135

 

The total sponsorship requested for events to be held in 2024 is $20,000 (plus GST). The 4 events throughout 2024 are estimated to attract approximately 1,135 visitors in total.

The 1,135 visitors are anticipated to stay within the Penrith Local Government Area. Based on the projected event visitation and overnight stays, Council has estimated the economic benefit of the scheduled events to the local economy is approximately $1,592,272.

2025 Event Program

Date

Venue

Event/Discipline

Estimated competitors

Estimated spectators

Overnight stays

24-26 January

PWS

Canoe Slalom Oceania Championships

275

95

3 nights

12-16 February

SIRC

Canoe Sprint and Paracanoe GP2

150

60

5 nights

23-25 February

PWS

Canoe Slalom Australian Open

250

80

3 nights

 

 

 

TOTAL PEOPLE: 910

 

The total sponsorship requested for events to be held in 2025 is $10,000 (plus GST). The 3 events throughout 2025 are estimated to attract approximately 910 visitors in total.

The 910 visitors are anticipated to stay within the Penrith Local Government Area. Based on the projected event visitation and overnight stays, Council has estimated the economic benefit of the scheduled events to the local economy is approximately $1,058,871.

Based on the information provided, a 3-year sponsorship with PA covering 8 events held between 2023 - 2025 would see approximately 2,650 visitors to stay within the Penrith Local Government Area, with visitors staying approximately 38 nights. Combined this has the potential to offer a total economic benefit to the Penrith area to the value of $3,278,447.

Entering into the multi-year agreement will provide certainty for Paddle Australia in approaching other sponsors for support of the events.

Previous Council Sponsorship provided to Paddle Australia Limited

Council has previously provided financial support to Paddle Australia Limited to support events held in the Penrith Local Government Area, including:

·    $20,000 (plus GST) in 2014 to support the 2014 Canoe Slalom Junior and U23 World Championships

·    $18,000 (plus GST) in 2019 to support the 2019 Canoe Slalom Championships

·    $22,500 (plus GST) in 2020 to support the 2020 Sydney International Whitewater Festival

·    $20,000 (plus GST) in 2022 to support the 2022 ICF World Ranking Australian Open Canoe Slalom+ Canoe Freestyle Championships (25 -27 February).

Council also endorsed a further $20,000 (plus GST) to sponsor the 2022 Canoe Sprint Championships and Oceania Championships (13 – 17 April 2022), however sponsorship did not eventuate as the event had to be relocated from Penrith LGA due to contamination from flood waters.

In regard to the 2022 ICF World Ranking Australian Open Canoe Slalom + Canoe Freestyle Championships held at Penrith Whitewater Stadium 25 -27 February, Paddle Australia met all sponsorship requirements and provided all benefits outlined in their contract including a 30 second destination advert inserted into the live stream event, advertising in the event program, public announcements and distribution of PCC marketing and promotional materials at the event.

The benefits to Penrith City for hosting the 2022 ICF World Ranking Australian Open Canoe Slalom+ Canoe Freestyle Championships (25 -27 February) at Penrith Whitewater Stadium include the live streaming of the semi-final and final on the PA YouTube page to a worldwide audience with 731 views on day 1 and 723 views day 2, providing an opportunity to promote the Penrith City region and all its benefits with a global reach. In addition, 400 spectators attended the event over 4 days and there were 115 registered athletes. Visitation included 48% from NSW, 33% from Victoria, 9% from Tasmania, 1% from Western Australia and 9% International who stayed in Penrith 1 week prior to the event.

Proposed Sponsorship Benefits

The sponsorship opportunities presented by PA for 8 events throughout the 3 years (2023, 2024 and 2025) would provide Council and the community of Penrith City with several benefits including:

·    Facilitation of visits from high performance athletes to local primary and high schools in the lead up to National Championships and competitions in Penrith

·    Public PA announcements for Penrith City Council (PCC) before, during and after each event

·    Speaking opportunity for Council representative at all welcome and social functions associated with each event

·    A Council representative (Mayor or delegate) to be given opportunity to include quotes within event-related media releases

·    Opportunity for Council representative (Mayor or delegate) to present awards

·    Presentation of 30-second visual introduction showcasing Penrith at the start of each livestreaming day (provided by Council)

·    Opportunity to distribute marketing and promotional materials at each event (provided by Council)

·    PA gives provision of suitable ‘pre-approved’ high resolution digital images and streaming quality video footage of each event to be re – produced for marketing and promotional uses as deemed appropriate by Council

·    Support and publicity of Council’s new Weir Reserve Rowing and Paddle Sports Precinct.

Assessment of sponsorship proposals

The sponsorship proposal has been assessed against Council’s Events Sponsorship Policy criteria for Major Event Sponsorship.

Each event encourages overnight visitation to the Penrith Local Government Area and has positive economic benefits to the local Penrith economy that exceed the total cost of running each event.

Council officers have estimated the 8 events combined could deliver approximately $3,278,447 in local economic benefit over a 3-year period.

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

Sponsorship of $40,000 (plus GST) for 8 events over 3 years is considered appropriate to go towards the event’s operating and marketing campaign costs and infrastructure. This level of funding reflects the nature of the proposed sponsorship benefits to Council, and the estimated economic benefits from all events. This level of funding is also consistent with Council’s approach to levels of sponsorship for events with comparable benefit returns, as estimated using the Destination NSW “Economic value of Tourism and Events” calculator.

 

Financial Implications

Major Event Sponsorship funding totalling $40,000 over 3 financial years to support the delivery of 8 events is available within Council’s 2022-26 Delivery Program and 2022-23 Operational Plan. $10,000 will be funded from within the existing 2022-23 City Activation, Community and Place budget while the remaining $30,000 will be funded out of future years budgets.

To date for this financial year, Council has endorsed a total of $40,000 (+ GST) worth of major and community event sponsorships. Should the recommendations of this report of $10,000 (+ GST) for 2022-23 be endorsed, the total funding remaining for 2022-23 Penrith Events Partnership Program will be $150,000 (+ GST).

Risk Implications


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

Conclusion

A 3-year, multi-event sponsorship proposal has been received from Paddle Australia Limited. The request seeks a total of $40,000 (plus GST) to deliver 8 events over 3 years from 2023 - 25. It is estimated that the return to the community of Penrith City from the events could be in the order of $3,278,447 in economic benefit.

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

 

RECOMMENDATION

That:

1.     The information contained in the report on Request For Major Event Sponsorship - Paddle Australia Limited be received

2.     Council endorse $40,000 (plus GST) sponsorship in support of the 3-year sponsorship proposal with Paddle Australia Limited

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         28 November 2022

 

 

 

5

Request For Community Event Sponsorships    

 

Compiled by:               Shelley Lee, Activation and Event Development Officer

Beau Reid, Place and Activation Coordinator

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

Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are welcoming, healthy, happy, creative and connected

Strategy

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

Principal Activity

Conduct and support events that include all members of our community

      

 

Executive Summary

The purpose of this report is to present to Council four requests for Community Event Sponsorships. Community events bring people together and bring energy and colour to the City and the lives of our residents.

The total value of all 4 community event sponsorship requests received is $3,300 (plus GST). This report provides Council with details of the sponsorship proposals received, including the proposed sponsorship benefits.

Officers have assessed all applications against Council’s Event Sponsorship Policy and recommend their support.

Together these events support the local Penrith community, offering a range of local recreational, cultural and celebratory experiences that make a positive contribution to community life.

The report recommends that Council receive the information and endorse sponsorship of $1,000 (plus GST) to Penrith Panthers Fishing Club, $1,000 (plus GST) to Mr Nicholas Leech (t/a Wild Stage Co), $330 (plus GST) to Our Community Cares Incorporated and $1,000 (plus GST) to Luddenham Agricultural, Horticultural and Industrial Society Incorporated.

Background

Council endorsed the Think Penrith, Think Events – Penrith Events Strategy 2020-2024 on 22 June 2020. There is $20,000 available within the Community Events sponsorship budget for 2022 - 23.

Community events focus on celebrating and promoting the strengths of the community and bring energy and colour to the city. Community events generally attract up to 500 people and admission is low cost or free, bringing diverse groups of people together.

Delivering social value for local audiences, sponsorship by Council for these types of events can often be the only means by which they can proceed.

Council has received four requests for community events sponsorship to a total value of $3,300 (plus GST), which are detailed below.

 

 

Sponsorship Requests

1.   FishFest 2023 event

FishFest 2023 is an inclusive fish catch, photograph and release competition held on the banks of the Nepean River. The event will run for its 39th year in 2023 and is estimated to attract approximately 400 participants.

Council’s sponsorship will support costs associated with the event as well supporting the Nepean Area Disabilities Organisation (NADO) to use the Club boat to take children fishing for the day.

Previous sponsorship to Penrith Panthers Fishing Club

Council has previously sponsored Fishfest to a total of $5,500 made up of $500 sponsorship each year between 2014 - 2016, $600 sponsorship each year between 2017 – 2021 and $1000 sponsorship in 2022.   The funds have been used for prizes, equipment hire, rods, reels, tackle, bait and assisting learning for entrants with no experience.

Proposed Sponsorship Benefits

The sponsorship opportunity presented by the Penrith Panthers Fishing Club for FishFest 2023 would provide Council and the community of Penrith City with several benefits including:

·    Opportunities for recreation, including for children living with disabilities who would otherwise not be able to participate

·    Opportunity to display Council signage at the event (provided by Council)

·    Logo inclusion on event signage and all promotional material

·    Opportunity for the Mayor to present a speech at the event

 

2.   A Wild Showcase Event

A Wild Showcase is a one night only event that will showcase the talent of local upcoming artists. Wild Stage Co works with local students in a workshop style to develop their skills and showcase their work publicly.

The event will attract around 85 attendees to the Joan Sutherland Performing Arts Centre and will be scheduled following confirmation of Council’s sponsorship.

A Wild Showcase engages audiences in visual arts, photography, music, dance and drama performances. A Wild Showcase was first staged and designed with Camden Council in June 2022 and sold over 100 tickets to showcase a variety of upcoming under 18’s performers, visual artists and special guest performers. The Co-Founder is a local of Penrith who would like to give this opportunity to their community.

Council’s sponsorship would be used towards hire fees and sound production at the Joan Sutherland Performing Arts Centre.

Previous sponsorship to Mr Nicholas Leech (t/a Wild Stage Co)

Council has not previously provided sponsorship or other assistance to Mr Nicholas Leech (t/a Wild Stage Co).

Proposed Sponsorship Benefits

The sponsorship opportunities presented by Mr Nicholas Leech (t/a Wild Stage Co) for the 2023 event would provide Council and the community of Penrith City with several benefits including:

·    Opportunities for young people to learn new skills and experience performing

·    Logo inclusion on event signage and all promotional material

·    Opportunity to display Council signage at the event (provided by Council)

·    Council recognised as an event sponsor with media

·    Opportunity for the Mayor to present a speech

 

 

3.   2022 Carols on the Course event

The Carols on the Course is an annual event that brings the community together for Christmas Carols on the greens of the Emu Sports Club. The 2022 event marks the return of this event after a 2-year hiatus due to COVID-19.

The event is anticipated to attract around 4,000 attendees. Council’s sponsorship would be used towards hire fees associated with event infrastructure.

Previous sponsorship to Our Community Cares Incorporated

Council has previously sponsored the Carols on the Course event in 2019 to the value of $1,500 (plus GST).

Proposed Sponsorship Benefits

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

·    Opportunities for the community to come together and celebrate and connect with each other

·    Half page advert in the Carols on the Course program and song book (provided by Council)

·    MC acknowledgment of Council as a sponsor during event

 

 

4.   117th Annual Luddenham Show

Council was approached by Luddenham Agricultural, Horticultural and Industrial Society Incorporated (LAHISI) on 2 November 2022 with a sponsorship proposal for the 117th Annual Luddenham Show, planned for 4 March 2023 at the Luddenham Showground.

The Annual Luddenham Show has run since 1892, delivering a country-style show with entertainment, pavilions, rides and food. The Annual Luddenham Show is returning after a 2-year hiatus in 2020 and 2021 due to the impacts of COVID-19.

Council’s sponsorship would be used towards hire fees associated with event infrastructure.

Previous sponsorship to Luddenham Agricultural, Horticultural and Industrial Society Incorporated

Council has previously provided Luddenham Agricultural, Horticultural and Industrial Society Incorporated sponsorship of $1,000 (plus GST) to support the Annual Luddenham Show in years 2017-2019. Council provided additional sponsorship towards the Show of $2,500 (plus GST) in 2020, drawn from the Voted Works budget.

Proposed Sponsorship Benefits

The sponsorship opportunity presented by the Luddenham Agricultural, Horticultural and Industrial Society Inc for the 117th Annual Luddenham Show 2023 would provide Council and the community of Penrith City with several benefits including:

·    Opportunities for the community to come together and celebrate and connect with each other

·    Council identified as a sponsor of the event on all event collateral and promotion

·    Council acknowledged at the event as a sponsor via public announcements (x 4)

·    Quarter page advertisement in show program (provided by Council)

·    Half page advertisement in the Western Weekender (provided by Council)

Assessment of sponsorship proposals

All sponsorship proposals have been assessed against Council’s Events Sponsorship Policy criteria for Community Event Sponsorship. To receive funding, the event/ activity must satisfy the following eligibility criteria:

·    Must take place in the Penrith Local Government Area

·    Provide opportunity for Council’s support to be recognised publicly

·    Preference will be given to events/activities that provide free attendance

·    Should be in line with and not conflict with the objectives and mission

of Council

All four proposals are deemed eligible for sponsorship from Council.

There is $20,000 available within the Community Events sponsorship budget for 2022-23. Should Council endorse the 4 sponsorships to a total spend of $3,300 (plus GST) the Community Events Sponsorship budget will have $16,700 remaining.

As outlined in the Policy, Council is committed to working in partnership and in support of the local community to encourage, develop and conduct a wide range of local recreational, business, cultural and community events that make a positive contribution to the Penrith Local Government area.

Delivering primarily social value for local audiences rather than economic impact, sponsorship by Council for these types of events can often be the only means by which they can proceed.

Financial Implications

Funding to support the delivery of the four community event sponsorship requests included in this report is available within the existing City Activation, Community and Place budget included in Council’s 2022-23 Operational Plan.

This sponsorship funding is available to work in partnership with and in support of the local community to encourage, develop and conduct a wide range of local recreational, business, cultural and community events that make a positive contribution to the LGA.

 

Risk Implications

If the sponsorships are endorsed, Council will enter into sponsorship agreements with Penrith Panthers Fishing Club, Mr Nicholas Leech (t/a Wild Heart Creatives), Our Community Cares Incorporated and Luddenham Agricultural, Horticultural and Industrial Society Incorporated to detail the expected sponsorship benefits to be delivered to Council and the community in exchange for Council’s investment.

Conclusion

Council has received four requests for community event sponsorship from the Penrith Panthers Fishing Club for $1,000 (plus GST) to support 2023 FishFest, Mr Nicholas Leech (t/a Wild Stage Co) for $1,000 (plus GST) to support ‘A Wild Showcase’, Our Community Cares Incorporated for $330 (plus GST) to support the 2022 Carols on the Course and the Luddenham Agricultural, Horticultural and Industrial Society Incorporated (for $1,000 plus GST) to support the 2023 Annual Luddenham Show.

The requests total $3,300 (plus GST) and support the delivery of 4 community events within Penrith City that contribute to celebrating and building a strong local community.


The report recommends that Council endorse all four sponsorships requests for a total investment of $3,300 (plus GST).

 

RECOMMENDATION

That:

1.     The information contained in the report on Request For Community Event Sponsorships  be received.

2.     Council endorse sponsorship funding of $1,000 (plus GST) to Penrith Panthers Fishing Club in support of the 2023 FishFest event.

3.     Council endorse sponsorship funding of $1,000 (plus GST) to Mr Nicholas Leech (t/a Wild Stage Co) in support of the A Wild Showcase event.

4.     Council endorse sponsorship funding of $330 (plus GST) to Our Community Cares in support of the 2022 Carols on the Course event.

5.     Council endorse sponsorship funding of $1,000 (plus GST) to the Luddenham Agricultural, Horticultural and Industrial Society Inc in support of the 117th Annual Luddenham Show.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 3 - We plan and shape our growing City

 

Item                                                                                                                                       Page

 

6        Endorsement of the St Marys Town Centre Structure Plan                                            39

 

7        Luddenham Road Planning Proposal Update, VPA and DCP

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                47

 

 

 

 



Ordinary Meeting                                                                                         28 November 2022

 

 

 

6

Endorsement of the St Marys Town Centre Structure Plan   

 

Compiled by:               Renata Ferreira, City Design Lead

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:           Public exhibition of draft St Marys Town Centre Structure Plan- Ordinary Meeting- 22 Aug 2022

                                      Progress Update Corridors and Centres Strategy and St Marys Structure Plan- Councillor Briefing- 21 Mar 2022

                                      Update on St Marys - Planning, Projects and Delivery- Councillor Briefing- 01 Aug 2022    

 

Executive Summary

The purpose of this report is to seek endorsement of the St Marys Town Centre Structure Plan – Shaping the Future of St Marys (Enclosure 1). It also recommends that the previous strategic objectives developed as part of the reclassification of land for Land and Kokoda Parks (Attachment 1), including the resolution to amend the Penrith Development Control Plan 2014 (DCP 2014) made at the 18 April 2016 Ordinary Meeting, be superseded by the Structure Plan.

With significant transformation underway in St Marys due to investment in the Sydney Metro Western Sydney Airport line that will connect St Marys to the Sydney International (Nancy-Bird Walton) Airport and Aerotropolis, Council acknowledges the need to guide planning and development within the St Marys Town Centre to realise the needs and aspirations of residents, businesses, and visitors. The result is ‘St Marys 2041’ – a strategic planning pathway to guide the vision for the Town Centre.

 

The Structure Plan is the first stage of the planning pathway, which aims to manage growth and change in St Marys over the next twenty years. The Structure Plan proposes a place vision, place outcomes and strategic and spatial directions for St Marys to grow as a vibrant, welcoming, sustainable and authentic strategic centre that meets the changing needs of our community. This will be followed by the Master Plan that will refine the directions of the Structure Plan and may result in potential amendments to planning controls. The Structure Plan and Master Plan form part of Council’s Places of Penrith Strategic Framework.

The Structure Plan (Enclosure 1) is supported by thorough research, analysis and technical studies including the ‘Understanding St Marys: Background Evidence Report’ (Enclosure 2) and the Duration Cottages Heritage Investigation (Enclosure 3). The Structure Plan was developed through extensive community engagement as outlined in the Community Engagement Stage 1 report (Attachment 2) and Community Engagement Stage 2 report (Attachment 3).

It is important to note that the Structure Plan is a high-level medium to long-term plan yet to be validated, costed and staged through detailed analysis and additional technical studies as part of the Master Plan. Some of the directions in the plan could take up to 20 years to realise. Council acknowledges the medium-to-long term nature of the Structure Plan, and its land use focus, and therefore is currently developing a Place Plan for the Town Centre to complement the directions of the Structure Plan. The Structure Plan does not propose changes to planning controls as this will be considered as part of the subsequent stages of St Marys Planning Pathway – the Master Plan (Stage 2) and Potential Amendments to Planning Controls (Stage 3).

At the 21 November 2022 Councillor Briefing, Council officers provided an overview of how we engaged with the community and stakeholders as part of the public consultation of the draft Structure Plan, including what we heard during our engagement activities, the proposed changes to the Structure Plan and items that will be resolved at the Master Plan stage or by other Council projects or processes. Councillors were also briefed on resolving the strategic objectives endorsed by Council at the Ordinary Meeting of 18 April 2016 pertaining the reclassification of land from community to operational for Lang and Kokoda Parks.

Council has been updated on the Structure Plan as follows:

·    21 October 2021: Councillor Memo on the establishment of St Marys Collaboration Group

·    22 October 2021: Councillor Memo on strategic planning in St Marys Town Centre and request for the establishment of a City Park in St Marys

·    11 November 2021: Councillor Memo relating to St Marys Town Centre

·    4 February 2022: Councillor Memo on early community engagement to support the development of character statements for the Corridors and Centres Strategy and St Marys Structure Plan

·    21 March 2022: Councillor Briefing on Progress Update for the Corridors and Centres Strategy and St Marys Structure Plan

·    22 June 2022: Councillor Memo on Heritage Investigation of the Duration Cottages, St Marys

·    1 August 2022: Councillor Briefing on Update on St Marys – Planning, Projects and Delivery

·    22 August 2022: Ordinary Meeting for the Public Exhibition of the draft St Marys Town Centre Structure Plan

·    22 August 2022: Councillor Memo on response to correspondence received from Mr Mark Hovey regarding the proposed St Marys Town Park and the land at 135 – 147 Queen Street in St Marys

·    31 August 2022: Councillor Memo on public exhibition and community drop-in sessions for the draft St Marys Town Centre Structure Plan.

·    21 November 2022: Outcomes of public exhibition of the draft St Marys Town Centre Structure Plan.

Background

The draft Structure Plan is a design-led strategic planning document that has been developed through extensive place-based research, technical studies, collaboration, community engagement and evidence-based planning and design. Council sought input from the community and stakeholders of St Marys on two occasions. Community engagement stage 1 occurred between 22 February and 3 April 2022. This early engagement revealed what the community and stakeholders loved about St Marys Town Centre and would like to see improved and preserved. The stage 1 engagement also asked the community members and stakeholders to provide ideas about their vision for the future of St Marys. This engagement received over 300 responses from the community via a variety of channels. The outcomes of the stage 1 engagement were reported to Council at the 1 August 2022 Councillor Briefing and are included in this report as Attachment 1.

 

Following Council endorsement of the draft Structure Plan for public exhibition at the 22 August 2022 Ordinary Meeting, Council undertook community engagement stage 2 for a four-week period between 29 August and 26 September 2022. The community engagement sought feedback on the place vision, place outcomes, and strategic and spatial directions proposed by the draft Structure Plan. The community and stakeholders of St Marys were informed of the community engagement through various channels, including:

•        YourSay Penrith website

•        A web page dedicated to the St Marys Town Centre Structure Plan

•        More than 2,000 letters sent to residents, business owners and landowners

•        Emails sent to local service providers, key stakeholders, state agencies and previous submitters

•        Five face-to-face engagement activities at St Marys Spring Festival, Village Cafes in Kingswood and North St Marys, the Dalmarri Gallery and the St Marys Library

•        Social media posts on Facebook, Instagram and LinkedIn and two media releases.

 

The engagement activities reached a great number of community members, landowners, business owners, service providers, industry bodies and state agencies. Council’s YourSay page got 1,995 visits; social media posts reached a total of 8,670 people; letters were sent to 2,000 residents, landowners and business owners of St Marys; face-to-face activities had more than 75 people in attendance; and several meetings were held throughout the engagement period. The survey respondents included a broad representation of the community in terms of gender and age, and included people with disability, and people speaking other languages than English at home. The engagement activities attracted over 320 responses across various channels.

 

This engagement revealed a very strong support for the proposed place vision and the ten place outcomes of the draft Structure Plan. By and large, all the 26 directions received support from the majority of respondents.

Current Situation

While most of the feedback received during community engagement stages 1 and 2 have been in support of the draft Structure Plan, a small number of changes were made to the final Structure Plan (Enclosure 1) in response to feedback received from the community and stakeholders. Some matters are proposed to be resolved at the Master Plan stage as they require further investigation and discussion with the community and stakeholders. Additionally, a small number of comments relate to matters beyond the scope of the Structure Plan and Master Plan and will be addressed by subsequent Council processes or projects. These are described below

 

1.1.    Proposed changes to the Structure Plan

A summary of the proposed changes includes:

·    Add notes and a map showing the feedback received that require matters to be investigated as part of the Master Plan.

·    Mention the future rail connection between Marsden Park and St Marys, as identified within the NSW Future Transport Strategy.

·    Add details of NSW Government and Australian Government funding for the Werrington Arterial Stage 2 Strategic Business Case.

·    Add details about premises having Environment Protection Licences (EPLs) and objectives for minimising land use conflict around them.

·    Add a principle related to CPTED for the train/metro stations.

·    Remove the colour indicating Lang Park as ‘Open Space proposed to re-purpose (Mixed Use)’ from the Proposed Spatial Framework Plan and other mapping within the Structure Plan. Noting that Lang Park is currently zoned B4 Mixed Use, the Structure Plan does not propose changes to the zoning.

·    Add a note to improve clarity in the Structure Plan report stating that further investigation of flood risk and mitigation, stormwater, built form testing, vehicle access and land use will be undertaken as part of the Master Plan as already anticipated in the various actions throughout the document.

·    With regard to the St Marys Village, remove the words ‘encourage vertical growth’ and replace with a note stating that current controls in Penrith LEP 2010 allow the St Marys Village to develop in accordance with the permissibility of B4 Mixed Use zoning, with a Maximum Building Height of 24m and Maximum Floor Space Ratio of 2.5:1.

·    Add a note in the Structure Plan report stating the following: ‘The Structure Plan for St Marys Town Centre represents Council’s current strategic thinking for St Marys Town Centre and therefore will supersede the previous strategic objectives developed as part of the reclassification of land from community to operational for Lang and Kokoda Parks endorsed by Council at the Ordinary meeting of 18 April 2016 (Attachment 1). The amendments to the Penrith Development Control Plan 2014 will be considered as part of the subsequent stages of the St Marys planning pathway and will supersede the resolution to amend the DCP made at the 18 April 2016.

·    Add information about the existing capacity of water supply, wastewater and recycled water systems including potential opportunities for using recycled water.

·    Refine the wording of Direction 18 to read: ‘Cost and fund infrastructure delivery to align with the anticipated ultimate and staged growth projections’.

·    Refine the text in the section on Place Outcome 6 to read: ‘The vision for St Marys is to become a thriving destination in the Western Parkland City. To ensure that St Marys will evolve as a vibrant, welcoming, sustainable and authentic strategic centre, infrastructure investment and delivery need to be adequately planned for, costed, funded and aligned with the anticipated ultimate and staged growth projections.’

·    Change all references to the North St Marys Industrial Precinct to Dunheved Business Park Precinct.

·    In regard to lot 133-137 Queen Street, add a note stating that this is a matter to be resolved as part of Council’s planning for Central Park.

·    Make other minor changes to the text throughout the report to improve clarity of the proposed directions.

 

2.    St Marys Planning Pathway Stage 2 – St Marys Town Centre Master Plan

The Structure Plan is a medium to long-term plan yet to be validated, costed and staged through detailed analysis and additional technical studies. Some of the directions in the plan could take up to 20 years to realise. Following the endorsement of the Structure Plan, work will continue on a more detailed Master Plan for St Marys Town Centre. The Master Plan will build on the Structure Plan by undertaking some additional technical studies to refine the spatial and strategic directions against resources and capacity for delivery. 

Work has already commenced on the Master Plan, such as the Duration Cottages Heritage Investigation (Enclosure 3). Findings from this report has been included in the Structure Plan report to support the future land use and park upgrades for the precinct. Work on the Master Plan will continue to validate and refine the strategic and spatial directions of the Structure Plan, investigate mechanisms for implementation, and will include the preparation of several additional technical studies. This includes a market analysis and economic feasibility study, funding strategy, multi-modal transport model, infrastructure delivery plan, additional planning and urban design work, integrated stormwater infrastructure plan, indigenous heritage study and others as outlined as actions in the Structure Plan. The Master Plan, combined with the Structure Plan, will inform potential amendments to planning controls in the Local Environmental Plan and Development Control Plan as required. A planning implementation plan and developer contributions plan will also be developed as part of the St Marys planning pathway program.

 

Matters to be further investigated through the Master Plan process

In addition to the technical studies mentioned above, a small number of directions in the Structure Plan received mixed feedback from the community and/or stakeholders. These directions are proposed to be further investigated and resolved as part of the Master Plan process, informed by further engagement and additional analysis. This includes:

·    Further investigating the location, alignment and width of walking and cycling routes and open space provision in the industrial lands including the role of the Council owned vacant land at the western end of Forthorn Place. This will be balanced with feedback received from the community showing strong support for better pedestrian and cycle links between North St Marys and the Town Centre.

·    Further investigating the east-west walking and cycling connection through the Senior High School in consultation with the Senior High School and School Infrastructure NSW.

·    Further investigating intensification within 400m to the south of the train/ metro stations in response to submissions. This will also include investigation of housing diversity. Investigation for potential intensification will be balanced with infrastructure provision, feasibility and feedback received from the community as part of community engagement stage 1 and 2 that revealed some opposition for high-density developments.

·    Further investigating the desired future character of the lots directly to the north of the railway corridor, between Harris Street and the rail corridor, for employment-generating uses.

 

3.   Matters to be addressed by other Council projects and processes

Some of the feedback received during the community engagement relates to matters beyond the scope of the Structure Plan and Master Plan that will be addressed by other projects and processes as follows:

·    Need for improvements to safety and policing

·    Desire for improvements to maintenance and cleaning of streets, parks and public facilities

·    Desire for shorter-term improvements to the public domain such as more vegetation, street lighting, drinking water fountains, accessible toilets, outdoor gym equipment, public art (including Aboriginal trails, sculptures, banners, art and murals), public access to Wifi, internet booths to charge phones, and shaded rest stops

·    Desire for retaining social service organisations in St Marys and protecting them from being displaced

·    Feedback regarding past development approvals

·    Feedback related to areas outside the study area boundary of the Structure Plan.

 

4.   St Marys Place Plan

St Marys is a changing area and there is mounting pressure on the Town Centre to evolve and adapt but also to hold and keep what makes it unique. The development of a Place Plan will promote a stakeholder led approach to goal setting, renewal and programming to address some of the feedback mentioned above.

 

The Place Plan for St Marys will help prepare and support the community and businesses for the change that is coming and will establish priorities for how our public spaces can evolve in the next 10 years in line with the Structure Plan. The Place Plan will build on the rigorous engagement processes already completed and will seek bold ideas about managing change and tapping into the pride and expert knowledge of the local community about their place. The plan will guide opportunities parallel to the ‘big picture’ process of the Structure Plan ensuring that what we invest in today, will not create problems for future change. A scope is in development and will be reported to Council later in the year.

 

5.   Strategic Objectives - 2016

At the 18 April 2016 Ordinary Meeting, Council endorsed the reclassification of public land for Lang and Kokoda Parks from community to operational land. At the meeting, Council also resolved to amend the Penrith Development Control Plan 2014 (DCP 2014) to secure implementation of a set of strategic objectives (Attachment 1) identified in the reclassification of public land process. In keeping with Council’s resolution at the meeting, a Planning Proposal was prepared, finalised and gazetted by the Department and the LEP 2010 was amended accordingly. Amendments to the DCP 2014 did not proceed.

Given the significant transformation underway in St Marys, Council developed the Structure Plan, which represents Council’s current strategic thinking for St Marys Town Centre. It is recommended that the strategic objectives (Attachment 1) developed as part of the reclassification of public land for Lang and Kokoda Parks be superseded by the strategic and spatial directions of the Structure Plan. It is also recommended that part of the resolution of the Council relating to the amendments to the DCP 2014 as previously endorsed by Council at the Ordinary Meeting of 18 April 2016 is superseded by the new Structure Plan and not progressed. Potential amendments to the DCP will be considered as part of the subsequent stages of St Marys Planning Pathway – the Master Plan (Stage 2) and Potential Amendments to Planning Controls (Stage 3).

Financial Implications

The Structure Plan proposes several infrastructure initiatives and enhancements for the St Marys Town Centre that, should they proceed to be considered in the Master Planning stage, will have significant resource implications for Council over the next 20 years. Most of proposed improvements to the Town Centre are unfunded at this stage and indicatively could require in excess of $250m to achieve, subject to further investigation. For Council to consider possible funding solutions for these elements to be realised, the feasibility and achievability will be validated and refined in the Master Planning stage and the financial implications and potential funding strategies will be considered alongside Council’s current Long-Term Financial Plan.

Progression to the Master Planning phase will require additional feasibility analysis and technical studies which are indicatively forecast at approximately $1.5m. Funding has been accommodated within existing capacity, including priority allocation from programs included in the 2022-26 Delivery Program and Internal Reserves.

Risk Implications

The endorsement of the St Marys Town Centre Structure Plan reduces risk by clearly articulating the planning pathway and strategic planning and design framework for the future development of St Marys Town Centre. It sends a signal to the community and various stakeholders that planning for the Town Centre is underway, thereby attracting investment and new opportunities for St Marys and its community.

If Council does not endorse the Structure Plan, it will impact the timeline for the St Marys planning pathway with the risk that Council’s strategic vision and directions for the future growth and development of the Town Centre may not be fully understood and considered by internal and external stakeholders and the community. The Structure Plan provides a holistic and coordinated planning approach for the Town Centre. Without an endorsed plan, Council could receive site specific planning proposals, leading to a piecemeal approach to the planning of the Town Centre. Council’s ability to lead conversations and influence planning, the capital works program and decision making would also be limited.

Additionally, if Council does not note that the St Marys Town Centre Structure Plan will supersede the previous strategic objectives developed as part of the reclassification of public land for Lang and Kokoda Parks and proposed amendments to the Penrith Development Control Plan 2014 (DCP) made at the 18 April 2016 Ordinary Meeting, two competing and conflicting sets of strategic objectives will apply to the sites. This will create a lack of clarity about the strategic priorities and directions that will guide the future development of the Town Centre and could undermine the strategic objectives of the Structure Plan to be realised.

Conclusion

This report seeks endorsement of the St Marys Town Centre Structure Plan – Shaping the Future of St Marys (Enclosure 1). It also recommends that Council note that the previous strategic objectives developed as part of the reclassification of land for Land and Kokoda Parks (Attachment 1) be superseded by the Structure Plan, including the resolution to amend the DCP 2014 made at the 18 April 2016 Ordinary Meeting.

The Structure Plan is the first stage of the St Marys planning pathway, which aims to manage growth and change in St Marys over the next twenty years. It is a place-based and design-led plan that sets a place vision, ten place outcomes and 26 strategic and spatial directions for St Marys to grow as a vibrant, welcoming, sustainable and authentic strategic centre that meets the changing needs of our community.

The Structure Plan is supported by thorough research, analysis and technical studies including the ‘Understanding St Marys: Background Evidence Report’ (Enclosure 2) and Duration Cottages Heritage Investigation (Enclosure 3). The Structure Plan was developed through extensive community engagement as outlined in the Community Engagement Stage 1 report (Attachment 2) and Community Engagement Stage 2 report (Attachment 3).

It is important to note that the Structure Plan is a medium to long-term plan yet to be validated, costed and staged through detailed analysis and additional technical studies to be undertaken as part of the Master Plan. Some of the directions in the plan could take up to 20 years to realise. Council acknowledges the medium-to-long term nature of the Structure Plan, and its land use focus, and therefore is currently developing a Place Plan for the Town Centre to complement the directions of the Structure Plan.

Following the endorsement of the Structure Plan, work will continue on a more detailed Master Plan for St Marys Town Centre. The Master Plan will build on the Structure Plan by undertaking some additional technical studies to validate and refine the spatial and strategic directions against resources and capacity for delivery. Together, the Structure Plan and Master Plan will inform potential amendments to planning controls in the LEP and DCP. 

Council will continue to be briefed on the progress of the Master Plan.

 

RECOMMENDATION

That:

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

2.     Council endorse the St Marys Town Centre Structure Plan – Shaping the Future of St Marys report - under Enclosure 1

3.     Council note that the St Marys Town Centre Structure Plan will supersede the previous strategic objectives developed as part of the reclassification of public land for Lang and Kokoda Parks

 

4.     Council note that amendments to the Penrith Development Control Plan 2014 (DCP) will be considered as part of the subsequent stages of the St Marys Planning Pathway and will supersede the DCP amendments made at the 18 April 2016 Ordinary Meeting

 

5.     Council note the technical information and background evidence in the Understanding St Marys Background Evidence report – under Enclosure 2, which informed the preparation and finalisation of the Structure Plan

6.     Council note the technical heritage investigations for the Duration Cottages in the Duration Cottages Heritage Investigation report – under Enclosure 3, which informed the preparation and finalisation of the Structure Plan

7.     Council note the feedback received through the community engagement stages 1 and 2 in Community Engagement Stage 1 report – under Attachment 2, and Community Engagement Stage 2 report – under Attachment 3, which informed the preparation and finalisation of the Structure Plan

 

 

ATTACHMENTS/APPENDICES

1.

Strategic Objectives 2016: Lang and Kokoda Parks

1 Page

Attachments Included

2.

Community Engagement Stage 1 Report

44 Pages

Attachments Included

3.

Community Engagement Stage 2 Report

59 Pages

Attachments Included

  


Ordinary Meeting                                                                                         28 November 2022

 

 

 

7

Luddenham Road Planning Proposal Update, VPA and DCP   

 

Compiled by:               Glen Weekley, Executive Planner

Authorised by:            Natasha Borgia, City Planning Manager

Kylie Powell, Director - City Futures  

 

Outcome

We plan and shape our growing City

Strategy

Undertake strategic planning that will ensure balanced growth and liveability

Principal Activity

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

 

Previous Items:           Luddenham Road Planning Proposal Update, VPA and DCP- Councillor Briefing- 17 Oct 2022

                                      Luddenham Road Planning Proposal- Ordinary Meeting- 25 Oct 2021

                                      Luddenham Road Planning Proposal- Councillor Briefing- 06 Sep 2021     

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

 

Proponent: HB + B Property Pty Ltd (Board of  Directors- Kurt Beckhaus. David Beslich, Ben Beslich, Peter Hansen and Richard Hansen)

Major Landowner: Atilol Holdings (Sole Director- Lolita Younis)

Other landowners: 

·    Joseph & Josephine R Dimech

·    Edward F Morphett and Mary M Blackwell

·    Sahab & Stephen Nahlous

·    Michael & Sandra Cassa

·    Beryl L Middelbrook & Neville E Middlebrook

·    Emelie Nahlous

·    Croatia Culture Association Bosna St Marys

Executive Summary

The purpose of this report is to seek Council’s endorsement of the draft Development Control Plan (DCP) and Letter of Offer to enter into a Voluntary Planning Agreement (VPA) that support the Luddenham Road Planning Proposal. The report also provides an update on the Luddenham Road Planning Proposal.

Councillors were briefed on this matter at the Councillor briefing of Monday 17 October 2022. The Luddenham Road Planning Proposal (the Planning Proposal) was reported to Council at the Ordinary Meeting of 25 October 2021.

 

Council’s Resolution supporting the Planning Proposal required a site specific DCP be prepared to guide future development on the site and manage the interface with adjoining rural residential properties located on the eastern side of Luddenham Road. The proponent has prepared a draft DCP (refer to Attachment 1) that will form a chapter of Penrith DCP 2014. The draft DCP contains specific objectives and controls that apply to future development that will result from the rezoning of land. All other general development controls contained in Penrith DCP 2014 will also apply to future development within the site.

 

Council’s resolution also required that a suitable funding mechanism be determined to collect developer contributions. As initial development of the site will be undertaken by HB+B Property to facilitate the development of the Alspec Industrial Business Park, the developer has determined that a VPA is the most appropriated mechanism to deliver works and collect developer contributions. A Letter of Offer to enter into a VPA has been submitted by the proponent (refer to Attachment 2).

 

Several amendments have been made to the planning proposal to address matters raised by the DPE prior to the issuing of the Gateway Determination and to address conditions of the Gateway Determination. These are discussed in further detail in this report. The Planning Proposal has also been updated to address the uncertainty surrounding the upgrade of Luddenham Road and its reclassification from a regional road under Council’s control to a State Road under the control of Transport for New South Wales (TfNSW). Whilst there is a commitment to widen Luddenham Rd in the Aerotropolis, this has not been extended to Luddenham Rd north from the Warragamba pipeline where it meets Mamre Rd.

 

The uncertainty surrounding the future classification and upgrade of Luddenham Road has led to a delay to the public exhibition of the Planning Proposal. Council wrote to TfNSW on 2 August 2022 and concurrently wrote to the DPE seeking their assistance to engage with TfNSW to resolve this uncertainty. The matter regarding the classification of Luddenham Road is a broader issue than this individual planning proposal. Council officers will continue to pursue discussions with TfNSW to seek resolution regarding the acquisition, design and funding of Luddenham Road.

 

Regardless of above, the DPE requested that the Planning Proposal be exhibited in line with the conditions of the Gateway Determination. Formal consultation will be undertaken with TfNSW during exhibition of the Planning Proposal.

  

The draft DCP and Letter of Offer, if endorsed, will be publicly exhibited with the Planning Proposal for a minimum of period of 30 days. A draft Voluntary Planning Agreement will be reported to a future Council meeting seeking endorsement for public notification. It should be noted that the planning proposal will not be finalised until the VPA is notified and executed.

Background

At its Ordinary Meeting of 25 October 2021, Council endorsed a Planning Proposal for 221-235 Luddenham Road, Orchard Hills to be forwarded to the Minister for Planning and Homes seeking a Gateway Determination. The Planning Proposal sought to rezone the site from RU2 Rural Landscape to IN1 General Industrial and IN2 Light Industry and amend the Minimum Lot Size map to reduce the minimum lot size from 40 Hectares to 1000m2 to facilitate the development of the Alspec Industrial Business Park. The Planning Proposal also sought to introduce a minimum lot density provision to promote greater diversity in lot sizes for Industrial lands.

 

In accordance with Council’s resolution, the Planning Proposal was submitted to the Department of Planning and Environment (DPE) on Friday, 5 November 2021. A Gateway Determination was received from DPE on 24 May 2022

 

A condition of the Gateway Determination is that the Planning Proposal needs to be placed on public exhibition prior to 24 September 2022. However, the public exhibition of the Planning Proposal has been delayed due uncertainty surrounding the future classification and upgrade of Luddenham Road. Council officers sought assistance from the DPE in August to engage with TfNSW to:

·    Determine who will be responsible for the upgrade of Luddenham Road to allow Council to determine which Authority will be acquiring the land required for the road widening and whether a monetary contribution towards the upgrade of Luddenham Road needs to be sought or whether the SIC will apply,

·    Provide greater detail on the proposed design of an upgraded Luddenham, in particular:

Will the upgrade be a 60-meter Corridor as planned for Luddenham Road in the Aerotropolis, or will it be widened to 4 Lanes requiring a corridor of no more than 40metres as Council had previously been advised, and

Will the road widening be evenly distributed either side of Luddenham Road or will one side be burdened such as what has occurred in the Aerotropolis where the western side of Luddenham Road was burden with road widening. 

 

The widening and classification of Luddenham Road is not required as a result of this Planning Proposal. Council officers will continue to pursue discussions with TfNSW to seek resolution regarding the acquisition, design and funding of Luddenham Road.

 

Regardless of above, the DPE requested that the Planning Proposal be exhibited in line with the conditions of the Gateway Determination. Formal consultation will be undertaken with TfNSW during exhibition of the Planning Proposal.  

 

Council also resolved to prepare a site-specific DCP and determine a suitable mechanism to collect developer contributions.

 

The proponent has prepared draft DCP that will form a chapter of Penrith DCP 2014 to facilitate the development outcomes anticipated in the Planning Proposal.

 

As initial development of the site will be undertaken by HB+B Property to facilitate the development of the Alspec Industrial Business Park, and key enabling infrastructure being provided by the proponent, a VPA, that includes monetary contributions or Works-in-Kind arrangements, is considered the most appropriate mechanism to collect developer contributions. A Letter of Offer to enter into a VPA has been submitted by the proponent. Council also has a Section 7.12 plan for non-residential development in force that will collect contributions for landholdings not owned by HB+B Property.

Current Situation

Draft Development Control Plan

The proponent has prepared draft DCP in consultation with Council Officers that will form a chapter of Penrith DCP 2014. The draft DCP contains specific objectives and controls that apply to future development within the site. All other general development controls contained in Penrith DCP 2014 will also apply development with the site.

The draft DCP contains controls for Site Development and Urban Design, Environmental Quality, Drainage, and the Transport Network. Specific Controls will address:

·    Building setbacks to key roads and landscape requirements for building setbacks,

·    Interface with the Transmission Line Easement and the Western Sydney Orbital,

·    Estate Signage and entry walls,

·    Lighting, Fencing, and Services,

·    Noise and Air Pollution,

·    Storage, Transportation, and processing of Chemical Substances,

·    Trading and operating hours of premises,

·    The road hierarchy and internal road network,

·    Road typologies,

·    Access and car parking,

·    Integrated water cycle management,

·    Flood Prone Land, and

·    Waterway Health.

The copy of the draft DCP is included as Attachment 1.

Offer to enter into a Voluntary Planning Agreement

A Letter of Offer to enter into a VPA for the provision of key infrastructure was submitted on Friday 4 November 2022. The letter of offer includes provisions for:

·    Dedication of land for the future widening of Luddenham Road. Provisions in the Planning Proposal allow for a 40 metre wide corridor, however the amount of land that will need to be dedicate for the widening of Luddenham Road is yet to be determined. 

·    The upgrade of the intersection of Luddenham Road and Patons Lane

·    The upgrade of Patons Lane from Luddenham Road through to the new western estate entry roundabout that provides access into thdanne development,

·    The construction of an intersection on Luddenham Road and Patons Lane, to satisfaction of Council and TfNSW,

·    The construction of a roundabout on Patons Lane providing access into the development,

·    Internal road access to lots not owned by HBB Property, and

·    Construction of a secondary intersection to the south of the land at Luddenham Road to the satisfaction of Council and TfNSW.

A copy of the Letter of Offer is included as Attachment 2.

An initial Letter of Offer was submitted on 29 March 2022 and reported to the Local Infrastructure Contributions Working Group (LICWG) on 5 July 2022. The LICWG raised concerns regarding the status of Luddenham Road and the design of the future widening of Luddenham Road. This Letter of Offer and corresponding amendments to the Planning Proposal respond to the issues raised by the LICWG. As a formality the Letter of Offer will be presented again to the LICWG on 1 December 2022.

Any future VPA will not exclude Section 7.12 Contributions and Council’s Section 7.12 Citywide Development Contributions for non-residential development will apply to future development.

A draft VPA will be prepared and reported to a future Ordinary Meeting of Council to be endorsed for public notification as a separate process to the Planning Proposal and draft DCP to enable DPE timeframes to be met for exhibition. It should be noted that the planning proposal will not be finalised until the VPA is notified and executed.

Planning Proposal Update

Several amendments have been made to the Planning Proposal that was reported to Council in October 2021. These amendments address:

·    Matters raised by the DPE prior to the issuing of the Gateway Determination,

·    Conditions of the Gateway Determination, and

·    The uncertainty surrounding the upgrade of Luddenham Road and its reclassification from a regional road under Council control to a State Road under the control of Transport for New South Wales.

The amendments are as follows:natash

·    The RU2 Rural Landscape zone will be retained for approximately 15 hectares of land in the southwestern corner of the site that is classified as non-certified land under the Cumberland Plan Conservation Plan. This has reduced the amount of land proposed to be zoned IN1 by 15 Hectares. The Lot Size map has also been amended to reflect this change. Planning Proposals are required to comply with the Ministerial Direction that relates to the Cumberland Plain Conservation Plan issued 17 August 2022,

·    To compensate for the loss of land zoned IN1, the proposed Minimum Lot Density Provision of 50 lots applied to land zoned IN1 will be reduced to 40 lots.  The reduction in the minimum lot density requirement does not change the intent of the provision, and the concept masterplan that accompanies the Planning Proposal demonstrates that the minimum lot density provision promotes the supply of a variety of lot sizes,

·    A maximum height of building control of 24 metres will apply to the site. The 24-metre height of building control has been applied to the site as it is consistent with the height of building control applied to land in the Aerotropolis and zoned Enterprise that is located directly south of the site. This achieves the Gateway Determination’s requirement that the height of building control is consistent with surrounding industrial precincts, and

·    The RU2 Rural Landscape zone will be retained for a 40-metre-wide corridor fronting Luddenham Road to preserve a corridor for the future widening of Luddenham Road. This land was previously proposed to be zoned IN1 General Industrial and IN2 Light Industrial. This corridor will allow for a 60-metre road reserve, which is consistent with the proposed width of the road reserve for Luddenham Road within the Aerotropolis. This amendment addresses the uncertainty surrounding the upgrade of Luddenham Road and its reclassification from a regional road under Council control to a State Road under the control of Transport for New South Wales. An SP2 Infrastructure zone has not been applied to preserve the corridor for the future widening of Luddenham due to the uncertainty surrounding which authority will be responsible for acquiring the land.

 

Employment Zones Reform

 

Changes being proposed under the DPE’s Employment Zones Reform will apply to the site, should the land be supported for rezoning to IN1 General Industrial and IN2 Light Industrial.

 

As part of the proposed broader translation for Penrith LEP 2010, all permissible land uses under the existing IN1 zone are proposed to be translated to the new E4 General Industrial zone. This approach is consistent with DPE’s primary translation for the IN1 zone. There are two additional land uses proposed as permissible with consent for the E4 zone that are not currently permissible under the existing IN1 zone. These land uses are mandated as permissible within the E4 zone and include ‘Goods repair and reuse premises’ and ‘Local distribution premises.

 

For the IN2 translation, it will be recommended that this site is also proposed to be translated to the E4 General Industrial zone. This is also consistent with DPE’s primary translation. All existing land uses under the existing IN2 zone will be translated to the new E4 zone, either through the land use table or through the application of Schedule 1 – Additional Permitted Uses. This is consistent with Council’s approach to the majority of other existing IN2 sites across the LGA.

 

A result of the IN2 zone being translated to the new E4 zone means that site will have several new additional land uses to what is currently permitted, when the new E4 zone is applied. These uses include:

 

·    Animal boarding or training establishments,

·    Boat building and repair facilities,

·    Freight transport facilities,

·    General industries,

·    Goods repair and reuse premises

·    Industries,

·    Local distribution premises,

·    Rural industries,

·    Storage premises,

·    Transport depots,

·    Truck depots, and

·    Vehicle body repair workshops.

 

An alternative secondary translation option for the IN2 portion of the site is the E3 Productivity Support zone. The E3 zone is not considered suitable as the zone objectives and permissible land uses relate to the provision of facilities and services including offices and business premises, which are more appropriately located closer to centres and public transport.

 

As part of the public exhibition of the Planning Proposal, it is proposed that the above information will be included in the Planning Proposal to indicate what the likely new zones will be under the new Employment Zones Framework. This is consistent with DPE advice.

 

As existing Business and Industrial zones will be repealed from the Standard LEP template on 1 December 2022, the new Employment Zones will need to be in place before this date. DPE will work with Council’s who have Planning Proposals affected by Business or Industrial zones that are expected to be made prior to the date the new Employment Zones come into effect.

Financial Implications

The Letter of Offer to enter into a VPA will limit Council’s financial risk and enable key infrastructure to be delivered by the developer.

In addition to the key infrastructure delivered through the VPA, future development will also be required to pay Council’s 7.12 Citywide Development Contributions for non-residential development.

Risk Implications

Should Council not support the draft DCP and Letter of Offer, there will be a delay to the exhibition of the Planning Proposal. Any further delay to the exhibition to the Planning Proposal may result in Council not being able to achieve the conditions of the Gateway Determination and timeframe for the finalisation of the Planning Proposal. The Department of Planning and Environment may then call it in and determine it.

Next Steps

Should Council endorse the draft DCP and Letter of Offer, they will be placed on public exhibition concurrently with the Planning Proposal. A draft VPA will be prepared and reported to a future Ordinary Meeting of Council to be endorsed for public notification as a separate process to the Planning Proposal to enable DPE timeframes to be met for public exhibition. It should be noted that the planning proposal will not be finalised until the VPA is notified and executed.

Following the completion of the public exhibition, the outcomes of the exhibition will be reported to Council for consideration.

 

Conclusion

Council is in receipt of a draft DCP and Letter of Offer to enter into a VPA that support the Luddenham Road Planning Proposal. The draft DCP facilitates the development outcomes anticipated in the Planning Proposal and the Letter of Offer ensures key enabling infrastructure is provided by the developer and not Council.

It is recommended that Council endorses that the draft DCP and Letter of Offer to be placed on public exhibition concurrently with the Luddenham Road Planning Proposal.

 

RECOMMENDATION

That:

1.     The information contained in the report on Luddenham Road Planning Proposal Update, VPA and DCP be received

2.     Council endorse the site specific DCP for public exhibition, provided as Attachment 1 to this report, to be exhibited in conjunction with the Planning Proposal

3.     Council endorse the Letter of Offer for public exhibition, provided as Attachment 2 to this report, in conjunction with the Planning Proposal.

4.     Following exhibition of the Letter of Offer, a draft VPA be prepared and reported to Council for endorsement for public notification.

 

 

 

ATTACHMENTS/APPENDICES

1.

Draft Luddenham Road Industrial Business Park Development Contol Plan

24 Pages

Attachments Included

2.

Letter of Offer to enter into a Voluntary Planning Agreement

9 Pages

Attachments Included

   


Outcome 4 - We manage and improve our built environment

 

Item                                                                                                                                       Page

 

8        Victoria Street, Kingswood – Deferred LTC Item                                                             57

 

9        RFT 22/23-02 Parker Street Athletics Amenities, Penrith                                               66

 

10      RFT 22/23-04 Boronia Park Upgrade - Amended                                                           70

 

11      RFQ 22/23-24 At Home Noise Treatment Works - Erskine Park Road Upgrade           73

 

 

 

 

 

 



Ordinary Meeting                                                                                         28 November 2022

 

 

 

8

Victoria Street, Kingswood – Deferred LTC Item   

 

Compiled by:               Lalaine Malaluan, Traffic Engineer

Joshua Hull, Traffic Engineering Coordinator

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

 

Outcome

We manage and improve our built environment

Strategy

Plan for and maintain accessible, safe and high quality infrastructure

Principal Activity

Provide technical advice and work collaboratively with stakeholders to development and implement road safety programs

      

 

Executive Summary

The purpose of this report is to provide Councillors with an update regarding the deferred Local Traffic Committee (LTC) item, “Victoria Street Blackspot Project – Endorsement of Design Plan – Consultation Feedback”.

This report presents the background of the Victoria Street Black Spot project, community consultation process and intersection treatment options that have been considered by Council’s Traffic Engineering section.

The proposed intersection treatments were supported by Local Traffic Committee, however following objections received from adjoining residents, Council resolved to deferred the matter pending a further report. While this report considers alternatives to the treatments supported by the Local Traffic Committee, the preferred approach is to proceed with the original recommendation.

Background

Victoria Street is a collector road that provides connectivity between Parker Street and Werrington Road arterials. Victoria Street is a wide, straight length of road, which accommodates large volumes of traffic. The roadway is currently delineated along its length via edge and centre line markings. There are growing traffic volumes along Victoria Street as a result of development in the area and more broadly across our road network.

 

A number of mid-block and intersection crashes have been recorded along Victoria Street in recent years. Nine (9) injury crashes were reported along Victoria Street between Richmond Road and just east of Burton Street in the 5-year crash period from July 2014 to June 2019.

 

Victoria Street is one of seven locations nominated under the 2021/22 National Black Spot & Safer Roads Programs, with a funding offer of $215,000 for safety improvements along this length of road. The project includes construction of a concrete flattop road hump, channelised right turn treatment and median island stop treatment with associated signage  and line marking at three intersections along Victoria Street (Walter Street, Burton Street and Richmond Road). The proposed traffic management and safety devices have been designed to address speeding and recorded crash types. Importantly the design of the three locations will address the specific intersections, and at the same time have been coordinated to improve this length of Victoria Street.

 

At its meeting on 7 February 2022, the Local Traffic Committee considered a report and endorsed the design plans for the project. At the Ordinary Meeting on 21 February 2022, Council resolved, on the recommendation of the Committee, that:  

 

1.   The information contained in the report on Victoria Street, Werrington - Endorsement of Design Plan AV39, AV40 and AV41 be received. 

2.   Consultation be undertaken with all affected residents and businesses. 

3.   Subject to no substantial objections, Design Plans AV39, AV40 and AV41 be endorsed for construction, with funding provided from National Blackspot & Safer Road program 2021/22. 

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

Consultation Process and Feedback 

Consultation was undertaken by letter box drop to the properties located within the vicinity of the three intersections. Three submissions were received from the residents of properties located at the intersection of Victoria Street and Walter Street, Kingswood. No objections were received for the other two intersections. 

 

Comments received from residents regarding the proposed channelised right turn at Victoria Street and Walter Street intersection are summarised below: 

 

1.   Difficulty turning in/out of driveways due to the removal of shoulder lane which is currently being used as a buffer, especially for two residents who own SUV/ute with trailer.

2.   Loss of on-street parking.

3.   Consideration of implementing ‘No Right Turn’ to Walter Street during school peak times.

4.   Consideration of installing speed humps on approach to Victoria Street-Walter Street intersection as an alternative measure.

5.   Consideration to minimise traffic volume on Victoria Road by restricting truck access.

 

Council’s Traffic Engineers have considered the residents’ concerns and made further investigations to address the issues raised. 

 

At its meeting on 6 June 2022, Council’s Traffic Engineering team presented the feedback received on Victoria Street and Walter Street to the LTC, with the recommendation that the design plans for the proposed channelised right turn originally endorsed by Council in February 2022, be confirmed for construction. 

 

At the Ordinary Meeting on 27 June 2022, two residents addressed the Ordinary Meeting to object to the LTC Item 7 recommendations, “Victoria Street Blackspot Project – Endorsement of Design Plan – Consultation Feedback”. Council deferred the matter and requested a further report come back to Council to address in detail the concerns raised.

Historical Crash and Traffic Data 

Council’s Traffic Engineering officers have reviewed the turning count survey data and available historical crash information at the intersection of Victoria Street and Walter Street. 

 

The most recent 5-year crash information available from Safe System Analytics (SSA) portal indicates a single right rear crash at the intersection of Victoria Street and Walter Street in 2019. The crash involved a light utility truck and a car travelling east which resulted in minor injury. 

 

Additionally, SSA portal indicates three (3) crashes that occurred at the intersection from 2011 to 2014. The Black Spot application only considers crashes within the most recent 5-year crash period for nomination criteria, however it is still worth noting previous crashes as part of the overall assessment of traffic safety at this intersection.

  

Details of these crashes are summarised in Table 1 below.

 

Table 1: Historical Crash Data at Victoria Street – Walter Street 

 

Reporting Year

Crash ID

Degree of Crash

RUM Code

Key TU Type and Direction

Other TU Type and Direction

2019

1202604

Minor/Other Injury (2 injured)

32

Light utility truck / east (proceeding in lane)

Car / east (wait turn right)

2014

1017876

Non-casualty (towaway)

32

Car / north (proceeding in lane)

Car / north (wait turn right)

2013

845447

Non-casualty (towaway)

13

4WD / north (turning right)

Car / west (proceeding in lane)

2011

745575

Minor/Other Injury (1 injured)

40

Unknown

Pedal cycle / unknown

 

Traffic data recorded on Victoria Street in 2015, between Richmond Road and Sandringham Avenue, indicates a 5-day annual average daily traffic (AADT) of 8,526 vehicles and an 85th percentile speed of 63 km/h, which exceeds the posted speed limit of 50 km/h. 

 

A more recent count survey was undertaken at the intersection of Victoria Street and Walter Street on Tuesday, 16 August 2022 with results presented in Figure 1 below. The results indicate 35 vehicles turning right from Victoria Street onto Walter Street in the AM peak hour and 53 vehicles making this manoeuvre in the PM peak hour.

 

Figure 1: Peak Hour Intersection Counts at Victoria Street – Walter Street

Table

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Assessment of Treatment Options 

In response to the residents’ concerns, Council’s Traffic Engineering officers have reassessed the feedback received and investigated various options at the intersection of Victoria Street and Walter Street. The remainder of the design works have been endorsed.

 

Option 1: Proceed with endorsed channelised right turn design at Walter Street 

 

The original proposed Black Spot treatment at Victoria Street involves a channelised right turn (CHR) design on the eastbound approach, painted median islands on Victoria Street and associated signage, as shown in Appendix 1. 

 

The goal of the proposed CHR treatment on Victoria Street is to reduce the risk of right turn rear end crashes and provide improved road safety along the length of Victoria Street. Because of the low cost associated with the line marking works for the CHR treatment and the minor injury crash that it has treated, the proposed treatment contributes positively to the benefit-cost-ratio (BCR) of the overall project which helped secure the grant funding for the Black Spot length.

 

Whilst the existing parking lane (a short length at the intersection) along the northern side of Victoria Street would be removed with the implementation of the CHR, there will still be ample on-street parking available in the vicinity of the intersection to cater for residents and visitors. Regarding difficulties in entering and exiting driveways, residents who own car/truck and trailer combinations would be encouraged to use part of their property to manoeuvre and allow for forward egress movement, or to park at an alternative location on-street, whichever is more suitable.

 

Option 2: Implement ‘No Right Turn’ onto Walter Street 

 

One of the recommendations submitted by the residents is to implement ‘No Right Turn’ restrictions on Victoria Street during school peak times. 

 

As shown in Figure 1, a significant number of vehicles are turning right from Victoria Street onto Walter Street during peak hours, with right turn volumes corresponding to about 8% to 16% of the total westbound traffic.

 

Council’s Traffic Engineers do not support the implementation of ‘No Right Turn’, particularly as the right turn movement from Victoria Road to Walter Street is significant for St Joseph’s Primary School and it allows for parents to park on the south side of Joseph Street where the school drop off and pick up zone is located. 

 

Option 3: Amend proposal to install median island stop treatment (MIST) on Walter Street and speed humps on Victoria Street 

 

An alternative treatment option has also been considered which includes a concrete median island on Walter Street and speed humps on both eastbound and westbound approaches of Victoria Street, as shown in Appendix 2.

 

Although the proposed treatments do not directly address the right rear crash history, it could slow down the vehicles approaching the intersection, improve driver discipline when turning onto Walter Street and provide visual embellishment to the intersection. 

 

Because these alternative treatments will not directly treat the right rear crash history and provide no BCR under the Black Spot criteria, Council would need to withdraw this site (Victoria Street and Walter Street site) from the Black Spot application and relinquish the grant funding for this site. Council would also need to submit a scope variation to TfNSW for the overall project, which would lower the project BCR and there is a risk of the whole project being rejected by the NSW Black Spot Consultative Panel if the BCR requirement is not satisfied.

 

If the scope variation was approved by the Black Spot Consultative Panel to withdraw the Victoria Street and Walter Street site, the alternative MIST and speed humps could still be delivered concurrently with the other Black Spot sites along Victoria Street, however these works would need to be delivered through Council’s internal budgets (presently not available) and would not receive any grant funding. 

 

It is also noted that these alternative treatments are anticipated to significantly cost more than the current CHR proposal due to the inclusion of physical devices (i.e. speed humps and concrete median island). 

 

Option 4: ‘Do Nothing’ 

 

A ‘Do Nothing’ scenario has been considered as a worst-case scenario if the project cannot be funded through TfNSW Black Spot Program or Council budget, or if substantial objections are received on alternative treatments. 

 

The investigated treatment options are summarised in Table 2, with the advantages and disadvantages of each option presented.  With the consideration of the advantages and disadvantages of each option, our Traffic Engineers’ recommendation would be to proceed with the original Black Spot design (Option 1).

 

Table 2: Summary of Treatment Options

 

Option 

Advantages 

Disadvantages 

Option 1: Channelised right turn (CHR) 

Right rear crash is treated 

 

Improves intersection operating conditions and reduces queuing on Victoria Street caused by westbound vehicles turning right onto Walter Street 

 

Treatment cost is funded by TfNSW under Black Spot Program 

Small loss of on-street parking

 

Loss of on-street parking lane which serves as buffer for motorists entering and exiting the driveways on Victoria Street 

Option 2: No Right Turn 

Low to nil risk of right rear crash 

 

Low treatment cost 

Right turn to Walter Street is significant for St Joseph’s Primary School as it allows for parents to park on the south side of Joseph Street where the school drop off and pick up zone is located 

Option 3: MIST + Speed hump 

No loss of on-street parking 

 

Less Impact to surrounding residents 

 

Slows down vehicles approaching intersection 

 

Improves driver behaviour and manoeuvre when turning to/from Walter Street 

Right rear crash is not directly addressed 

 

Noise impact associated with the speed humps 

 

Significantly higher cost

 

Cost of treatment would need to be funded with Council budget 

 

BCR of project could decrease – risk of whole project being withdrawn if the BCR requirement is not met 

Option 4: Do Nothing (at Walter Street intersection) 

No loss of on-street parking

 

No impact to surrounding residents 

 

Right rear crash is not being addressed 

 

BCR of project could decrease – risk of whole project being withdrawn if the BCR requirement is not met 

 

Financial Implications

 

Any proposed changes to treatments funded in the NSW National Black Spot & Safe Roads Programs would require application for variation and would pose a risk of the whole project being withdrawn if not approved by the NSW Black Spot Consultative Panel. 

Conclusion

Council’s Traffic Engineers have carefully considered the matters raised by the affected residents and acknowledge the implications that the proposal would have on on-street parking and property access. In response to the residents’ objections, Council’s Traffic Engineers have investigated alternative options and presented these options for Council’s consideration. 

 

Whilst each option has its own advantages and disadvantages, Council’s Traffic Engineers continue to recommend that the original proposal (as supported by the LTC) for a channelised right turn (CHR) treatment be endorsed, as the benefits of the proposed CHR outweigh the implications on on-street parking and property access from a traffic safety perspective.  

 

The CHR treatment is the only option that would directly address the right rear crash at the intersection of Victoria Street and Walter Street and would have a positive BCR to receive funding under the Black Spot criteria. Should the treatment be changed at this intersection, Council would need to withdraw this site and any change to the treatment scope poses a risk of the whole project being withdrawn if not approved by the NSW Black Spot Consultative Panel.

 

The Victoria Street Black Spot project seeks to improve road safety along a length of Victoria Street by targeting key intersections and providing suitable treatment options that address the crash history. The intersection of Victoria Street and Walter Street is a key component to the Black Spot length and has enabled the project to receive grant funding which will ultimately benefit the broader community and safety of our road users.

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Victoria Street, Kingswood – Deferred LTC Item be received.

2.     Design Plans AV39, as shown in Appendix 1, be endorsed for construction, with funding provided from the 2021/22 Black Spot & Safer Roads Programs.

3.     Residents who addressed the Council’s Ordinary Meeting on 27 June 2022 be advised of Council’s resolution.

 

 

ATTACHMENTS/APPENDICES

1.

Victoria Street and Walter Street - Channelised Right Turn (CHR) Treatment

1 Page

Appendix

2.

Victoria Street and Walter Street - MIST and Speed Humps Treatment

1 Page

Appendix

  


Ordinary Meeting                                                                                                       28 November 2022

Appendix 1 - Victoria Street and Walter Street - Channelised Right Turn (CHR) Treatment

 


Ordinary Meeting                                                                                                       28 November 2022

Appendix 2 - Victoria Street and Walter Street - MIST and Speed Humps Treatment

 


Ordinary Meeting                                                                                         28 November 2022

 

 

 

9

RFT 22/23-02 Parker Street Athletics Amenities, Penrith   

 

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 refurbishment and upgrade of Parker Street Athletics Amenities, Penrith was advertised on 7 September 2022 on Apet360 and e-tendering websites with closing date of 5 October 2022. Due to lack of response, the closing date was extended and the tender closed on 26 October 2022, with seven submissions being received.

Following evaluation of tenders, the panel determined that no submission provided overall value to Council. No conforming tender was within the acceptable range of the budget estimate.

This report recommends that all tenders received for RFT22/23-002 Parker Street Athletics Amenities, Penrith be rejected and that Penrith City Council’s General Manager or delegate/s be authorised to negotiate a tender outcome and bring back a recommendation to a future meeting of Council for award.

Background

The current Parker Street Athletics sporting amenities building requires refurbishment and enhancement. Architectural drawings and specifications were produced for an upgrade to the amenities building to meet the current and future sporting users’ site requirements, standards and codes. Opinion of Probable Costs (OPC) for this project were prepared and reviewed by Council Officers. These costs were also revised to account for increases in inflation from the time of preparing the tender.  Funding for the project is through Council’s Building Asset Renewal Program and the New South Wales Government’s 2019 Sport Election Commitment Program.

The tender invited services from building contractors with experience in sporting amenities or other community facilities projects to refurbish and upgrade the amenities building.

The construction required includes:

•        Refurbishment of male and female toilets

•        New accessible toilet and footpath construction

•        Extension of storage facilities

Tender Evaluation Panel

This Tender Evaluation Panel consisted of Recreation and Community Facilities Planner Tim Whiticker, 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.

Tender Evaluation Criteria

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

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

•        Company Profile

•        Conformance, Acceptance and Declaration

•        Business References

•        Completion of Forms Tender Price submitted

•        Compliance Statement

•        Demonstrated Ability

•        Works Method and Program

•        Local Business Preference

•        Financials

•        Employment Policies

•        Quality Assurance Systems

•        Environmental Management Systems

Summary of Tenders Received

The original closing of 5 October 2022 was extended due to lack of response to the tender. Council officers contacted previous tenderers of other Council building projects and tenderers who had registered for the tender, but who had not responded, to encourage submissions.

A total of seven (7) tenders were received by the extended closing date of 26 October 2022 and are listed in alphabetical order below.  Pricing is not listed so as not to prejudice the proposed negotiation process.

Company

Company Address

Owners/Directors

2020 Projects Pty Ltd

L14, 275 Alfred Street, North Sydney NSW 2060

Joe Touma

AWS Civil Services

19 Wadhurst Dr, Boronia VIC 3155

Carlos Abreu

Axial Construction Pty Ltd

90 Nemean Road,
Austral NSW 2179

Shazia Haneef

Coverit Building Group Pty Ltd

Unit 18 37-47 Borec Road, Penrith NSW 2749

Shane Comans

Cranebrook Constructions

97 Taylor Road, Cranebrook NSW 2749

Phil McNamara

GEGE Constructions Pty Ltd

11 Mill Road, Liverpool NSW 2170

Saman Al-Zohairy

Versabuild Pty Ltd

Shop 6, 1822 The Horsley Drive, Horsley Park NSW 2175

Tony Trimboli

 

Evaluation of the Tenders

The tender submitted by GEGE Constructions Pty Ltd was non-conforming, as it failed to address the evaluation criteria.

The remaining six tenders were evaluated in detail against the weighted evaluation criteria to determine an effectiveness rating. Following evaluation of tenders, the panel determined that no submission provided overall value to Council. No conforming tender was within the acceptable range of the budget estimate.

Financial Implications

There are no financial implications associated with this report.

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 & Projects team about the background and the process followed.

The TAG considered the recommendations in relation to the tender for the RFT 22/23-02 Parker Street Athletics Amenities, Penrith., noting that none of the tenders provides value for money for 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.

Conclusion

Six tenders were assessed against the evaluation criteria for RFT 22/23-02 Parker Street Athletics Amenities, Penrith. Following evaluation, the panel determined that there was no tender that provided overall value to Council. It is recommended that Council reject all tenders and enter negotiations with the tenders submitted to attempt to provide Council with a satisfactory outcome.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT 22/23-02 Parker Street Athletics Amenities, Penrith be received.

2.     Council decline to accept any tenders received for RFT 22/23-02 Parker Street Athletics Amenities.

3.     Council not call for fresh tenders for the reason that pricing options provided in the submitted tenders may be negotiated with the submitting companies and tenders received are from qualified and experienced contractors. Fresh tenders are not likely to present a more advantageous result to Council.

4.     The General Manager be authorised to negotiate with tenderers.

5.     A recommendation on the outcome of the negotiations be reported to Council.

6.     The General Manager be authorised to sign all necessary legal documents in relation to this matter.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         28 November 2022

 

 

 

10

RFT 22/23-04 Boronia Park Upgrade - Amended   

 

Compiled by:               Nicole Barton, 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

 

Previous Items:           RFT 22/23-04 Boronia Park Upgrade- Ordinary Meeting- 26 Sep 2022      

 

Executive Summary

At the Ordinary Meeting of 26 September 2022, it was resolved to award the construction contract for Boronia Park Upgrade to Coverit Building Group Pty Ltd, in accordance with scope of works described in RFT 22/23-04 Boronia Park Upgrade.

RFT 22/23-04 Boronia Park Upgrade had five (5) options to carry out additional scope, subject to funding availability. These options, however, were not presented to Council at the September 2022 Ordinary Meeting for endorsement, as funding was not available.

Funding for inclusion of an option has now been secured and this report recommends that the tender Option 1 listed below also be awarded to the recommended contractor.

Coverit Building Group Pty Ltd were awarded the contract for the lump sum portion only.  However, the tender evaluation did include assessment of Options 1-5.  This report recommends the addition of Option 1 to Coverit Building Group Pty Ltd, as part of the same contract - RFT 22/23-04 Boronia Park Upgrade for the amount of $231,657.80 (excluding GST).

Background

Tender RFT 22/23-04 Boronia Park Upgrade was advertised with five tender options in addition to the main lump sum scope of works in order to give Council the flexibility to award works based on available budget. These options included:

•        Option 1 – Design and Construction of Lighting and Electrical to fields 3,4 & 5

•        Option 2 – Design and Construction of Lighting and Electrical to fields 1 & 2

•        Option 3 – Design and Construction of Lighting and Electrical to the Cricket Field

•        Option 4 – Design and Construction of an extension to the existing Irrigation to the Cricket Field

•        Option 5 - Rate to top dress all fields with washed dandy loam

Summary of Tenders Received

A total of two (2) tenders were received by the closing date of the tender and are listed below:

 

Company

Tendered Price

Tender option 1

Tender option 2

Tender option 3

Tender option 4

Tender option 5

Coverit Building Group Pty Ltd

$1,282,349.16

$231,657.80

$157,055.20

$274,707

$132,350

$0.45/m2

Brooks Operations Pty Ltd

Non-conforming

N/A

N/A

N/A

N/A

N/A

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 & Projects team about the background and the process followed.

The TAG considered the recommendations in relation to the tender for the Boronia Park Upgrade. After a satisfactory response to a request for clarification regarding price and the ability to meet the required program, the TAG considered that Coverit Building Group Pty Ltd has demonstrated their ability to meet Council’s requirements and their proposal was the most advantageous to Council. The TAG reviewed the evaluation process outlined within the report and was satisfied that the selection criteria had been correctly applied. This comment also applies for the inclusion of Option 1.

Financial Implications

Included in the original assessment of tenders for the lump sum contract was the commissioning of independent reference checks, financial analysis, and performance analysis on Coverit Building Group Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd. Financial Services reviewed the financial information provided by the tenderer and did not identify any reason why the contract should not be awarded.

Additional funding has been provided through Council’s additional rate peg allocation. The tender Option 1 price by Coverit Building Group of $231,657.80 (excluding GST) is within funds now available.

The revised estimated maintenance and operational cost requirements for the Boronia Park Upgrade start at $54,959 per annum. Council’s future asset maintenance budgets and asset renewal programs will be adjusted as per Council’s Budget Guidelines at completion of the entire capital works project.

Risk Implications

The tender process outlined in this report included controls regarding probity and ensuring value for Council, overseen by the Tender Advisory Group. The works will be undertaken in accordance with Work Health & Safety systems.

 

 

 

Conclusion

The Tender Evaluation Committee recommends that tender Option 1 be awarded to Coverit Building Group Pty Ltd under existing contract RFT22/23-04 for the total amount of $231,657.80 (excluding GST).

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT 22/23-04 Boronia Park Upgrade - Amended be received.

2.     Scope of works identified as Option 1 be awarded to Coverit Building Group Pty Ltd under the existing contract – RFT 22/23-04 Boronia Park Upgrade.

3.     The General Manager be authorised to sign all necessary legal documents in relation to this matter.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         28 November 2022

 

 

 

11

RFQ 22/23-24 At Home Noise Treatment Works - Erskine Park Road Upgrade    

 

Compiled by:               Wasique Mohyuddin, Delivery Program Manager

Lana Axford, Supply Coordinator

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

 

Previous Items:           Adoption of Transport for NSW Panel Contract of Architectural Acoustic Treatment for At Home Noise Treatment works - Erskine Park Road Upgrade- Ordinary Meeting- 26 Sep 2022      

 

Executive Summary

At the Ordinary Meeting of 26 September 2022, it was resolved to adopt the Transport for NSW (TfNSW) Panel Contract of Architectural Acoustic Treatment for At Home Noise Treatment works for the Erskine Park Road upgrade project. The report also endorsed the procurement of a building contractor from TfNSW’s panel contract through selective tender.

Quotations were received on 8 November 2022 through Vendor Panel and this report advises Council of the outcome of the quotation process and recommends that the quote from Master Building Solutions Pty Ltd for the total amount of $238,533.00 (excluding GST) be accepted for the works.

 

Background

The Australian Government is funding a $200 million Local Roads Package (LRP) as part of the Western Sydney Infrastructure Plan (WSIP). Funding has been allocated for Council to upgrade four intersections along Erskine Park Road to improve road safety and traffic flow efficiency.

All civil works were completed, and the new four lane road corridor was open to traffic in May 2021.

As part of the project, noise assessment was undertaken to determine the impact of the new works, such as turn lanes and additional traffic lanes, on private properties.

A consultation plan was implemented and with owners’ consent, twenty-one (21) properties were assessed, and the scope of treatment required for each property was prepared.

The remaining minor works for this project are the “At Home Noise” treatment for affected properties.

 

Current Situation

Quotes were invited from all the TfNSW panel contractors through Vendor Panel. Three (3) out of six (6) contractors from the TfNSW panel of contractors responded to the RFQ for “At Home Noise” treatment works.

A full listing of the quotations received is detailed below in order of price (excluding GST), for “At Home Noise” treatment works:

Company

Quoted Price

Postal Address

Owners/Director

Master Building Solutions Pty Ltd

$238,533.00

50/76B Edinburgh Rd, Marrickville NSW 2204

Gary Stevens

Michael Comito

Axis Constructions Pty ltd

$263,630.85

Level 1, Building C. 209 -211 Walters Road Arndell Park 2148

Richard Tabone

Craig Sharpe

C&M Constructions Pty Ltd

$272,310.00

PO Box 3396 Parramatta 2124

Mark Liddle

Master Building Solutions Pty Ltd scored highest on Total Weighted Score and it is recommended for award of contractor for “At Home Noise” treatment works.

Master Building Solutions Pty Ltd has presented their detailed team structure with assigned responsibilities. The recommended company has extensive experience working on projects of similar nature with TfNSW and also provided a detailed methodology of their approach to execute the work.

Master Building Solutions Pty Ltd’s program propose to complete the work in the shortest duration when compared to the other two contractors. The recommended tenderer will utilise their supplier in St Marys, which contributes to Local Industry participation whilst being closer to the area of work.

 

Financial Implications

Estimated value of the works is within the available project budget and there are no financial implications for Council associated with this report.

 

Risk Implications

Risk is minimised in the selection of Master Building Solutions Pty Ltd as the recommended contractor for the At Home Noise Treatment works has been on TfNSW’s contractor panel for a number of years with multiple renewals of their contract due to exceptional performance.  

Conclusion

With consideration to all aspects of the evaluation, Master Building Solutions Pty Ltd is recommended to Council forRFQ 22/23-24 At Home Noise Treatment Works - Erskine Park Road Upgrade.  Master Building Solutions Pty Ltd has been on TfNSW’s contractor panel for a number of years with multiple renewals of their contract due to exceptional performance. 

 

RECOMMENDATION

That:

1.     The information contained in the report on RFQ 22/23-24 At Home Noise Treatment Works - Erskine Park Road Upgrade be received.

2.     Master Building Solution Pty Ltd be awarded the Contract for RFQ 22/23-24 At Home Noise Treatment Works - Erskine Park Road Upgrade, subject to the execution of a formal agreement.

3.     The General Manager be authorised to sign all necessary legal documents in relation to this matter.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

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Outcome 5 - We have open and collaborative leadership

 

Item                                                                                                                                       Page

 

12      RFT 22/23-22- Corporate Planning and Reporting and Project Management Software   79

 

13      Confirmation of Organisation Structure                                                                           85

 

14      2021-22 Penrith City Council Annual Report                                                                   88

 

15      Code of Conduct - Report on Complaints Statistics                                                        90

 

16      2023 Proposed Meeting Calendar                                                                                   92

 

17      Compulsory Acquisition of Lot 1 DP 1284387, being Part 12 Werrington Road Werrington for Public Road Purposes                                                                                                96

 

18      Organisational Financial Review - September 2022                                                     100

 

19      Finalisation of 2021-22 Financial Statements                                                                105

 

20      2022-23 Borrowing Program                                                                                          109

 

21      Summary of Investment & Banking for the period 1 October 2022 to 31 October 2022 112

 

 

 

 

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                         28 November 2022

 

 

 

12

RFT 22/23-22- Corporate Planning and Reporting and Project Management Software   

 

Compiled by:               Craig Shepherd, Corporate Performance Lead

Michael Hughes, PMO Lead - Governance and Reporting

Stephannie Kissun, Business Transformation Manager

Authorised by:            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

Ensure our Integrated Planning and Reporting responsibilities are met

      

 

Executive Summary

The tender reference RFT 22/23-022 Corporate Planning and Reporting and Project Management Software was advertised online through AEPT360 on 5 October 2022. The tender closed on 27 October 2022.

This report advises Council on the outcome of the tender process and recommends that the tender from LG Software Solutions Pty Ltd t/a Pulse Software be accepted for the full scope of works outlined in RFT 22/23-022 Corporate Planning and Reporting and Project Management Software, subject to the execution of a formal agreement, for an amount of $444,075 excluding GST over 3 years.

Background

As the Business Transformation department of Council plays a major role in the planning and improvement of Council’s service delivery to the community. The Business Transformation department consists of five teams:

•        Corporate Performance and Planning

•        Enterprise Project Management Office

•        Corporate Strategy

•        Business Improvement

•        Business Systems

These five teams work in a collaborative way, with strong synergies across them.

Council is seeking to implement software solution to cover the needs of planning and reporting on our Integrated Planning and Reporting requirements, business plans and project plans. Council seeks to have an integrated solution for project management, project governance and reporting. 

Currently Council uses a software solution to house and report against Integrated Planning and Reporting requirements but does not have a software solution for business plans or enterprise-wide project management.

Council aims to establish a planning and project management culture that serves to embed better planning practices across the organisation. The integration of strategy, planning and performance is key to this.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Enterprise Project Management Office (ePMO) Lead Michael Hughes, Corporate Performance Lead Craig Shepherd, Senior Business Analyst Chris Weir, ICT Business Solutions Manager Shivani Chand, and was chaired by Business Transformation Manager Stephannie Kissun. The Tender Evaluation Committee was supported by Laura Stott as the Procurement Business Partner.

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

·    Demonstrated Ability

·    Works Method and Program

·    Financials

·    Employment Policies

·    Local Business Preference

Initial Tender Review

A full listing of the tenders received is detailed below, in price order, (ex. GST).

Company

Tendered Price (over 3 years, with annual costs)

Company Australian Address

Directors

Hummingbird Solutions Pty Ltd

Non-Conforming

 

Level 3, 91 Phillip Street,  Parramatta, NSW 2150

Office Address: 223 Liverpool Street, Darlinghurst, Sydney 2010

Todd Whaley Venesa Lalic

The Project Bureau

Non-Conforming

 

5/59 Tennant Street, Fyshwick, ACT 2609

Andrew Fox

GovernmentFrameworks.com Inc

Total: $445,500

 

7219-112 Street NW Edmonton, AB. T6G 1J4

Australian postal address: 29 Peacock Cres, Bokarina, QLD 4575

Philip Hicks

LG Software Solutions Pty Ltd

Total: $444,075

 

21/1 Talavera Road, Macquarie Park, NSW 2113

Thomas Rajanayagam

Geoff Reeves

Trident Pty Ltd

Non-Conforming

 

Level 12, 25 Bligh Street, Sydney, NSW 2000

Rob McConnohie

Willem Boshoff

Peter Symons

Michael Taylor

Sensei Productivity Pty Ltd

Non-Conforming

 

Level 3, 431 King William Street, Adelaide, SA 5000

Andy Neumann

Piet Remen

Marc Soester

CA Technology Pty Ltd

Total: $349,816

 

391 King William Street, Adelaide, SA 5000

Daniel Joseph Collins

Jamie Odell  

Anthony Cornelus Klok

Andrew Stuart Downs

Fabian Michael Marrone

UniPhi (Aus) Pty Ltd

Total: $275,400

 

Suite 302, Level 3, St Martins Tower, 31 Market Street, Sydney, NSW 2000

Mark Heath

Innover Solutions Pty Ltd

Non-Conforming

 

Suite 1, Level 1, 181 Macquarie Street, Parramatta, NSW 2150

Daniel Dib

Teckonnect Pty Ltd

Total: $150,000

 

25, Biyung Street, Fletcher, NSW 2287

V. Karthikeyan

Kavitha Ramadass

EPM Partners Pty Ltd

Non-Conforming

 

Level 11, 10 Carrington Street, Sydney, NSW 2000

Laith Adel

Daniel Stopher

Stuart Penny

Gravity Consulting Services Pty Ltd

Total: $120,000

 

Suite 3, Level 6, 15 London Circuit,  Canberra, ACT 2601

Kailash Krishnamurthi

Stephen Hayes

Chloe Jean-Louis

The tenders submitted by Hummingbird Solutions Pty Ltd, The Project Bureau, Trident Pty Ltd, Sensei Productivity Pty Ltd, UniPhi (Aus) Pty Ltd, Innover Solutions Pty Ltd, and EPM Partners Pty Ltd were considered as non-conforming by the Tender Evaluation Committee as they did not conform to the tender scope (providing only Corporate Planning and Reporting or Project Management software, not both) or had pricing well out of budget to deliver the project scope included in the RFT 22/23-022 Corporate Planning and Reporting and Project Management Software.

The remaining five submissions were evaluated in detail against the weighted evaluation criteria to determine an effectiveness rating. The two top-scoring tenderers (LG Software Solutions Pty Ltd and CA Techonology Pty Ltd) were invited to provide a product demonstration that showcased their:

·    proposed software module (Corporate Planning & Reporting),

·    proposed software module (Project Management),

·    demonstrate integration between the two modules.

LG Software Solutions Pty Ltd and CA Technology were then shortlisted as the two preferred tenderers, as their submissions were considered to provide the best solution to the requirements of the project, and their demonstrations supported the proposals.

The tender review panel considered that although both tenderers addressed the tender requirements thoroughly, the solution presented by LG Software Solutions Pty Ltd provided the review panel higher confidence to deliver to the tender requirements. It was clear from the demonstration session by LG Software Solutions Pty Ltd that:

·    they were stronger on the Corporate Planning and Reporting solution, especially around the business planning functionality

·    the system administration side was more user friendly in relation to any customisation, particularly in around workflows or notifications

·    the integration between the two modules (PMO & Corporate Planning and Reporting) was evident and worked well, allowing for data to flow between the two modules. The user landing page was found to be helpful and clearly showed the links between the modules.

·    the standard dashboards for reporting were useful and the creation of customised dashboards was easy

·    there was greater scope for tool tips and hover over information to support users which will improve the roll out and implementation of a new system.

It was agreed that LG Software Solutions Pty Ltd system has more flexibility overall and would be an easier system to use and a better fit for Penrith City Council. In addition, the licencing model on offer was considered to be an advantage as it would not occur additional future costs should the number of internal users increase.

Evaluation of the Preferred Tenderer

Following an initial assessment and after reviewing clarifications on tender assumptions from LG Software Solutions Pty Ltd and CA Technology, LG Software Solutions Pty Ltd was considered the preferred tenderer.

 

The recommended company, LG Software Solutions Pty Ltd was selected based on their:

 

1.       Near full compliance with the tender evaluation criteria,

2.       Demonstrated ability to meet Council’s requirements

3.       Best end-user experience through:

·    more use of tool tips and hover over information for users

·    landing/home page was intuitive and easy to navigate

·    customisable views for user information

·    can filter views on both IP&R and Organisational Hierarchy

4.       Best ongoing system administration:

·    ease of use for the system maintenance and administration

·    customisation in workflows or notifications

5.       Highest overall effectiveness:

·    stronger Corporate Planning and Reporting solution, in particular around the business planning functionality and linkage to the Integrated Planning and Reporting framework

·    integration of programs and projects with Corporate Planning & Reporting (linking projects to Principal Activities and Actions)

·    data flow between the modules

·    standard (out of the box) dashboards and ability to create customised dashboards

·    customisable reports

6.       Licencing model:

·    would not occur additional future costs should the number of internal users increase

7.       Implementation timeframes:

·    substantially quicker to implement

 

The Tender Evaluation Committee thoroughly reviewed the information provided pertaining to past experience of the proposed tenderer and conducted reference checks LG Software Solutions Pty Ltd has provided their software suite for 132 Councils nation-wide, including 85 NSW Councils specifically using the modules Council is considering purchasing as part of this tender. They have demonstrated a comprehensive understanding of the project scope and the Tender Evaluation Committee is satisfied with their performance. Reference checks have also returned with positive feedback.

 

Financial Implications

Included in the assessment of the tenders was the commissioning of independent reference checks, industry analysis, and financial analysis on both LG Software Solutions Pty Ltd and CA Technology. Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded.

The cost of $444,075 over three years is withing the available funds within the 2022-23 Operational Plan and ongoing base budget.

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Andrew Moore – Director Corporate Services, Glenn McCarthy - Governance Manager and Neil Farquharson – Financial Services Manager were briefed by Stephannie Kissun - Business Transformation Manager about the background and the process followed.

The TAG considered the recommendations in relation to the tender RFT 22/23-022 Corporate Planning and Reporting and Project Management Software noting that the recommended tender is providing the best value for money.

The company has demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council.

Risk Implications

The tender process outlined in this report includes controls regarding probity and ensuring value for Council, overseen by the Tender Advisory Group.

Conclusion

The Tender Evaluation Committee is of the opinion that LG Software Solutions Pty Ltd provided the most advantageous tender and it is recommended that the Company be awarded the contract for a contract sum of $444,075 (excluding GST), subject to an acceptable financial check.

 

RECOMMENDATION

That:

1.     The information contained in the report on RFT 22/23-22- Corporate Planning and Reporting and Project Management Software be received

2.     LG Software Solutions Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the RFT 22/23-022 Corporate Planning and Reporting and Project Management Software for an amount of $444,075 excluding GST over 3 years, subject to an acceptable financial check.

3.     The General Manager be authorised to sign all necessary legal documents in relation to this matter.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         28 November 2022

 

 

 

13

Confirmation of Organisation Structure   

 

Compiled by:               Sharne Peake, Executive Officer

Authorised by:            Alan Stoneham, Acting General Manager  

 

Outcome

We have open and collaborative leadership

Strategy

Plan for and manage City resources for current and future generations

Principal Activity

Enhance the engagement and performance of our employees so that our organisation can thrive and deliver high quality outcomes for the community

      

 

Executive Summary

Under Section 332 and 333 of the Local Government Act 1993 (the Act), the Council must review the organisation structure within 12 months of an ordinary election of Council.

The current structure has been in place since March 2019.

For the purpose of meeting our statutory obligations, this report recommends that Council maintain the status quo and re-endorse the current organisation structure, noting a new General Manager will review the structure and report any proposed changes to Council.

Background

Under Section 332 of the Act, the Council must, after consulting with the General Manager, determine:

·    The senior staff positions within the organisation structure of the Council

·    The roles and reporting lines (for senior staff)

·    The resources to be allocated towards the employment of staff.

The General Manager must, after consulting the Council, determine the positions (other than the senior staff posit ions) within the organisation structure of the Council. The positions are to be determined so as to give effect to the priorities set out in the strategic plans (including the community strategic plan) and delivery program of the Council.

Section 333 of the Act provides that the organisation structure may be re-determined from time to time, and that the Council must review the organisation structure within 12 months after any ordinary election.

Following his appointment in August 2018, then General Manager Warwick Winn presented Council with a proposal for a new organisational structure which removed the Assistant General Manager position from the structure and elevated the Executive Manager positions to Director roles. Council endorsed that structure in February 2019, and the structure took effect from March 2019, leaving the General Manager as Council’s only senior staff position.

Council reviews its structure on a regular basis, to ensure that the key priorities in Council’s Strategic Plan, Delivery Program and Operational Plan can be delivered

While it is a requirement under the Act for Council to review the organisation structure within 12 months of the local government election, it will be open to Council’s new General Manager to review the structure at any time and for Council to redetermine the structure accordingly.

 

Current Situation

The current organisation structure remains largely the same as the structure endorsed by Council in February 2019.

Given the recent resignation of Mr Winn, the Acting General Manager, Alan Stoneham, is of the view that it would be appropriate to defer consideration of the organisation structure until a new General Manager is appointed. It will be open to the new General Manager to review the structure and form a view as to its opportunities.

Financial Implications

This report does not propose any changes to the existing organisation structure, which is fully funded under the 2022-23 Operational Plan.

Risk Implications

If Council does not endorse the organisation structure within 12 months of the election, there is a risk that we will not comply with our statutory obligation.

Conclusion

This report is presented as a response to statutory requirements for Council to review and determine the organisation structure within 12 months of the election (December 2022). The report recommends Council endorses the continuation of the current organisational structure at Appendix 1, which is largely the same as the structure endorsed by Council in February 2019.

 

RECOMMENDATION

That:

1.     The information contained in the report on Confirmation of Organisation Structure be received.

2.     Council endorses the continuation of the current organisational structure at Appendix 1.

 

ATTACHMENTS/APPENDICES

1.

Organisation Chart

1 Page

Appendix

  


Ordinary Meeting                                                                                                       28 November 2022

Appendix 1 - Organisation Chart

 

PDF Creator


Ordinary Meeting                                                                                         28 November 2022

 

 

 

14

2021-22 Penrith City Council Annual Report   

 

Compiled by:               Craig Shepherd, Corporate Performance Lead

Authorised by:            Stephannie Kissun, Business Transformation 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

Ensure our Integrated Planning and Reporting responsibilities are met

      

 

Executive Summary

The Local Government Act (1993) requires Council to produce an Annual Report each year and ordinarily submit it to the Office of Local Government by 30 November. The report must focus on our performance in implementing our adopted Delivery Program and Operational Plan, but must also include a range of other information as specified in the Local Government Act and Regulations, and other legislation.  

Content for the Annual Report has been drawn from the Delivery Program Progress Reports and supplemented with additional information sought from management and staff in order to meet our legislative reporting requirements and ensure our community has a good understanding of our activities.

The 2021-22 Annual Report is provided as a separate enclosure for the information of Councillors.

This report recommends that the information contained in the 2021-22 Penrith City Council Annual Report be endorsed by Council, and that the 2021-22 Annual Report be submitted to the NSW Office of Local Government by 30 November 2022.

Background

Council’s Annual Report must be presented to the Minister for Local Government and posted on Council’s website within 5 months of the end of the financial year. The Local Government Act and Regulations, along with other legislation, set out the information that must be included in the Report.

Current Situation

The Annual Report focuses on what we have achieved in implementing our Delivery Program and Operational Plan from July 2021 to June 2022 and includes highlights, challenges, information about the Penrith local government area and information on several other statutory matters including financial results for the reporting period. The 2021-22 Annual Report also includes a summary of the 2017-22 Delivery program actions as an appendix.

The format and content of the Annual Report has been built on feedback from the Australasian Reporting Awards (ARA) and internal stakeholders.  This year’s Annual Report aims to be a comprehensive and visual representation of Council’s activities, services and achievements.

 

 

 

Financial Implications

The 2021-22 Penrith City Council Annual Report presents a summary of the performance of Council over the financial year. The Annual Report contains a financial summary of Council’s operations over 2021-22 and should be read in conjunction with Council’s 2021-22 Financial Statements.

There are no direct financial implications associated with this report.

Risk Implications

Under the Local Government Act (1993), Council must produce an Annual Report each year and submit it to the Office of Local Government. The 2021-22 Penrith City Council Annual Report is prepared in line with our responsibilities under the Local Government Act 1993 and Local Government (General) Regulation 2005 and other legislation to provide a range of information to our community and other levels of government. A compliance checklist is included in the Report to demonstrate how we have met our reporting obligations.

Conclusion

Penrith City Council’s 2021-22 Annual Report has been complied. The Report focuses on what we have achieved in implementing our Delivery Program and Operational Plan from July 2021 to June 2022 and includes highlights, challenges, information about the Penrith local government area and information on several other statutory matters including financial results for the reporting period. The 2021-22 Annual Report is the final Annual Report covering the 2017-22 Delivery program, and a summary of the actions for the five year program are included as an appendix.

 

RECOMMENDATION

That:

1.     The information contained in the report on 2021-22 Penrith City Council Annual Report be received

2.     The 2021-22 Penrith City Council Annual Report be endorsed for submission to the NSW Office of Local Government by 30 November 2022, subject to minor amendments.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         28 November 2022

 

 

 

15

Code of Conduct - Report on Complaints Statistics   

 

Compiled by:               Avanthi Fernando, Governance Officer

Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have 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

Under the Model Code of Conduct Procedures, Council’s Complaints Coordinator must, within three months of the end of September each year, report on a range of complaints statistics to Council and the Office of Local Government (OLG).

 

This report is intended to provide Council with complaints statistics as required under section 11.1 of the Procedures for the Administration of The Model Code of Conduct for Local Councils in NSW before being forwarded to the OLG. However, this year’s report records no Code of Conduct complaints concerning Councillors and/or the General Manager.

Background

Council has adopted a Code of Conduct Procedures, consistent with the Model Code of Conduct Procedures which incorporates the requirement to provide the OLG with statistics on the code of conduct complaints received during the 12-month reporting period (1 September 2021 – 31 August 2022).

.

Current Situation

 

Under Section 11.1 and 11.2 of the Model Code of Conduct Procedures, Council’s Complaints Coordinator must arrange for a range of statistics to be reported to Council and subsequently be forwarded to the OLG. The Procedures require that all Code of Conduct complaints and the management and investigation of them must be treated as confidential, unless specifically required under the Procedures. Accordingly, it is not appropriate to share the details within this report or otherwise.

 

The tables below provide the statistics for the period beginning 1 September 2021 through to 31 August 2022:

 

Table 1:

 

Code of Conduct Statistics

Totals/Outcomes

Complaints made about Councillors and the General Manager*

0

Complaints referred to a conduct reviewer

0

Complaints finalised by a conduct reviewer at the preliminary assessment stage

0

The outcome of complaints finalised at the preliminary assessment stage

0

The number/outcome of Complaints investigated by a conduct reviewer

0

The number/outcome of Complaints investigated by a conduct review committee

0

The number/outcome of matters reviewed by the OLG

 

0

*Complaints concerning staff, other than the General Manager, are dealt with by the General Manager and do not form a part of this reporting requirement.

 

Table 2:

 

Total cost of dealing with complaints during the period (including staff costs)

$0

 

Financial Implications

 

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

Risk Implications

There are no specific risks associated with compliance with the recommendations of this report.

Conclusion

This report provides Council with the statistics and costs in relation to complaints received under the Council’s Code of Conduct for the period 1 September 2021 to 31 August 2022.

 

RECOMMENDATION

That:

1.     The information contained in the report on Code of Conduct - Report on Complaints Statistics be received

2.     A copy of this report along with complaints statistics provided in accordance with 11.2 of the Model Code Procedures be forwarded to the Office of Local Government.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                         28 November 2022

 

 

 

16

2023 Proposed Meeting Calendar   

 

Compiled by:               Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have open and collaborative leadership

Strategy

Corporate Enablers

Principal Activity

Manage Council’s meeting calendar, meeting process and business papers to ensure open and fair decision making

      

 

Executive Summary

The purpose of this report is to propose and adopt a Meeting Calendar for 2023. The report recommends that the draft Meeting Calendar for 2023 be adopted. If adopted, Council will have 12 Ordinary Council Meetings, 6 Policy Review Committee (PRC) Meetings and several other meetings, including Councillor Briefings, Working Parties, Professional Development Sessions and Committees.

 

In preparing the draft Meeting Calendar, staff have taken into consideration several statutory deadlines where certain reports have to be presented to Council, in addition to public holidays and other known commitments, including significant conferences and the induction program.

Background

Section 365 of the Local Government Act 1993 states that the Council is required to meet at least 10 times each year, each time in a different month.

 

In 2021, the approach to the meeting calendar was amended to reduce the number of Policy Review Committee meetings and leave those vacant nights to be available to schedule other Council meetings if and as required, such as Councillor Briefings, Working Parties, professional development sessions and Committee Meetings. This approach was largely successful, however there remains a strong demand for more councillor briefing sessions. This acknowledges the complexity and volume of work required for Council staff and councillors in a growing city. With that in mind the calendar proposes to schedule Councillor Briefings on most vacant Monday nights. If a night is not required meetings will be cancelled with as much notice as possible, rather than the current approach which has involved putting on additional Councillor Briefings at short notice.

 

Current Position

In 2022, the Council met for 12 Ordinary meetings, 4 PRC meeting, 25 Councillor Briefings (4 held after PRC meetings) which represents a total of 37 (not including the 4 Briefings held after PRC) meetings for the year.

 

It is proposed in 2022 that the Meeting Calendar will be based (where possible) around holding 1 Ordinary meeting a month and 1 PRC meeting every second month. Council meetings will be held on the fourth Monday and PRC meetings will occur on the second Monday in months which they fall where possible. It is considered that this approach will continue to provide a level of consistency for Councillors and the community alike. It is proposed that other Mondays where there is no public holiday, will be utilised for Councillor Briefings, Working Parties, Professional Development sessions and Committees as required. All meetings will continue to commence at 7:00pm.

 

For 2023 it is proposed to have a total of 39 meetings including Councillor Briefings.

 

Draft 2023 Meeting Calendar

A draft Meeting Calendar has been prepared for 2023 and is based on the following assumptions:

 

·   where possible Policy Review Committee meetings being held on the 2nd Monday of every second month and Ordinary meetings on the 4th Monday of each month.

·   at least one Ordinary Council Meeting being held each month

·   Mayoral and Deputy Mayoral Election being held on the fourth Monday in September (if required)

·   alternating meetings where possible so that there are no successive meetings of the same type from week to week

·   the meeting cycle commencing on 30 January, to reduce the gap between the last meeting of 2022 and the first meeting of 2023, which has caused issues previously

·   the meeting cycle concluding with an Ordinary Council Meeting on the second Monday in December – 11 December 2023

 

The draft calendar has been discussed with the relevant staff and all statutory and operating obligations are able to be met, including adherence to key dates for consideration of the various corporate planning documents. It is because of some of these key dates that the meetings do not fall on their normal week, particularly in May where we require two Ordinary meetings, rather than having one in April. There is also one instance where a PRC meeting occurs on consecutive months.

 

In compiling the Calendar, consideration has been given to:

 

1.   Public Holidays

·   Thursday 26 January 2023 – Australia Day

·   Friday 7 April 2023 – Good Friday

·   Monday 10 April 2023 – Easter Monday

·   Tuesday 25 April 2023 - Anzac Day

·   Monday 12 June 2023 – King’s Birthday

·   Monday 2 October 2023 – Labour Day 

 

2.   Other known likely commitments such as:

·   Local Government NSW (LGNSW) Annual Conference (12-14 November 2023)

·   ALGWA Victoria (18 – 20 May 2023)

·   UDIA National Congress, Perth (27 – 29 March 2023)

·   ALGA National General Assembly, Canberra (18-21 June 2023)

·   Floodplain Management Conference, Sydney (23-26 May 2023)

 

Financial Implications

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

Risk Implications

There are no risks associated with this report.

 

 

Conclusion

The draft Meeting Calendar for 2023 (as appended) has been prepared in accordance with the Local Government Act 1993. It incorporates at least one Ordinary Council Meeting for the months from January through to December as required.

 

It is proposed that 12 Ordinary Council meetings and 6 Policy Review Committee meetings will be held in 2023 in addition to several other forums such as Councillor Briefings, Working Parties, Professional Development Sessions and Committees.

 

RECOMMENDATION

That:

1.     The information contained in the report on 2023 Proposed Meeting Calendar be received

2.     The draft Council Meeting Calendar for 2023 be adopted.

 

ATTACHMENTS/APPENDICES

1.

Proposed 2023 Meeting Calendar

1 Page

Appendix

  


Ordinary Meeting                                                                                                       28 November 2022

Appendix 1 - Proposed 2023 Meeting Calendar

 

PDF Creator


Ordinary Meeting                                                                                         28 November 2022

 

 

 

17

Compulsory Acquisition of Lot 1 DP 1284387, being Part 12 Werrington Road Werrington for Public Road Purposes   

 

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

 

Previous Items:           Voluntary Planning Agreement offer by Lendlease for 16 Chapman Street Werrington- Ordinary Meeting- 26 Jul 2021      

 

Executive Summary

The purpose of this report is to seek Council’s endorsement for the compulsory acquisition of Lot 1 in DP 1284387, being part 12 Werrington Road Werrington (Lot 12 in DP734612). The acquisition is required to facilitate the delivery of public road infrastructure. Following acquisition of the land, the lot will be dedicated as public road under the Roads Act and will be vested in Penrith City Council.

Background

At Council’s Ordinary Meeting on 26 July 2021, Council supported the acquisition of land owned by Transport for NSW (TfNSW) to facilitate the delivery of the Werrington Road roundabout.

The land to be acquired for road purposes is shown in registered deposited plan DP1284387 as Lot 1 and has an area of 479m2 representing 7.3% of the larger vacant parcel held by TfNSW totalling 6,556m². The property is an irregular triangular shape and is situated on the western edge of Werrington Road Werrington, on the corner of its intersection with Gipps Street. The parcel of land has a mixed zoning of part SP2 -Infrastructure and part RE1 - Public Recreation, under the Penrith LEP 2010.

When acquiring land under the Land Acquisitions (Just Terms Compensation) Act 1991, the public purpose zoning is put aside and the land is dealt with in terms of the adjoining zone.  In this case the underlying zone is IN2 – Light Industrial.

To progress with the acquisition of a partial lot, a plan of acquisition must be registered with the Land Registry Services (LRS). The plan registration was finalised on 29 July 2022.

Current Situation

To facilitate the proposed roundabout development Council must use its powers under Section 177 of the Roads Act 1993 to acquire the land from TfNSW in accordance with the Land Acquisitions (Just Terms Compensation) Act 1991. Upon finalisation of the acquisition Council will dedicated the land as public road under Section 10 of the Roads Act 1993.

In October 2021, TfNSW were provided with a notice advising of Council’s intention to acquire the subject land. TfNSW indicated their support for the proposed acquisition and advised of the need to progress the acquisition by compulsory process to ensure probity and transparency in the transaction.

With Council now in a position to progress with the acquisition, a resolution is sought to allow for a formal offer to be provided to TfNSW and the execution of the Section 29 agreement following both parties acceptance of the terms. Following the execution of the agreement, an application will be made to the Office of Local Government seeking the Minister and Governors consent to the acquisition.

Compensation

Section 55 of the Land Acquisitions (Just Terms Compensation) Act 1991 details the relevant matters to be considered in determining the amount of compensation a person is entitled to known as heads of compensation. This includes the market value of the land on the date of acquisition, any special value of the land to the person, any loss attributable to severance, any loss attributable to disturbance, disadvantage resulting from relocation and the increase or decrease in the value of any other land of adjoining or is severed from the acquired land.     

In this instance, it is considered the relevant heads of compensation to be market value and disturbance.                                                                                                                                       

TfNSW and Council, jointly appointed Colliers to prepare a valuation to determine the market value of the land. A draft valuation was prepared in February 2022, with a revised valuation  commissioned in November 2022 to determine current market position. A summary of the recent Valuation is provided below.

The valuer considered the effects of the acquisition under the appropriate heads of compensation under Section 55 of the NSW Land Acquisitions (Just Terms Compensation) Act 1991 and relevant case law. The valuer adopted a Direct Comparison methodology, adopting a rate per square meter, having consideration to similar recent site sales within the immediate and surrounding locality.

Based upon the sales evidence and taking into consideration the site-specific conditions such as location, DA status, proximity to infrastructure, flood affectation, underlying market fundamentals of the local area and current market conditions, the valuer adopted a rate of $750 to $800 per square metre for analysis on a Before and After basis.

To determine the assessed value, the valuer adopted a mid-point rate per square meter of $775 and the results of this assessment are summarised below.

Conclusion

Area (m2)

Assessed Value (ex GST)

Before proposed acquisition

6,556.00

$5,080,900

After proposed acquisition

6,077.00

$4,709,675

Compensation Assessment

$371,225

As rounded

$370,000

Table 1: Market Value Conclusion Summary

In addition to market value, the Acquiring Authority must pay any loss attributable to disturbance including legal costs in connection with the compulsory acquisition of the land, valuation fees, financial costs reasonably incurred in connection with the relocation or mortgage costs, stamp duty and any other financial costs reasonably incurred relating to the use of the land, as a direct and natural consequence of the acquisition.

On this occasion, TfNSW have advised that they wish to claim disturbance for legal costs in accordance with s.59(1)(a) of the Land Acquisitions (Just Terms Compensation) Act 1991.

A summary of the assessment for Compensation under Land Acquisition (Just Terms Compensation) Act 1991, is provided below.

Compensation Type

Compensation Amount (ex GST)

Section 55(a) - Market Value

$370,000

Section 55(b) - Special Value

$Nil

Section 55(c) - Severance

$Nil

Section 55(d) - Disturbance

$10,000*

Section 55(e) - Relocation

$Nil

Section 55(f) - Increase or Decrease in Value

$Nil

Estimated Total Compensation

$380,000

Table 2: Compensation Summary

*Approximate figure, subject to final claim from TfNSW

It is proposed that Council provide an offer to TfNSW for the acquisition of the subject land, consistent with the valuers determination within the Final Valuation Report.

Financial Implications

This report seeks approval to compulsorily acquire vacant land located at 12 Werrington Road, Werrington which upon acquisition is to be dedicated as public road. This acquisition is to be forward funded from the Voluntary Planning Agreement (VPA) Reserve and will be reimbursed by a monetary contribution by Lendlease upon execution of the VPA offer by Lendlease for 16 Chapman Street Werrington.

 

As reported to Council at the Ordinary Meeting of the 26 July 2021, Lendlease, through the draft VPA, have provided an undertaking to reimburse Council for all reasonable costs including staff resources however payment of interest is not guaranteed and will require a further amendment to the draft VPA.

 

Risk Implications

The acquisition is being forward funded from the Voluntary Planning Agreement Reserve. Council holds the financial risk for the costs associated with the acquisition until such time as the formal adoption of a future VPA in connection with the Werrington release area.

Conclusion

To support the delivery of vital road infrastructure upgrades in a timely manner, it is recommended that Council support the compulsory acquisition of Lot 1 in DP 1284387, Part Lot 12 DP734612, 12 Werrington Road Werrington. Following acquisition of the land, the land will be dedicated as public road under the Roads Act.

To progress the acquisition, it is recommended that Council make an application to the Office of Local Government for consent by the Minister and Governor.

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Compulsory Acquisition of Lot 1 DP 1284387, being Part 12 Werrington Road Werrington for Public Road Purposes be received

2.     The following land, and interests in land, be acquired by compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) by authority contained in the Roads Act 1993 (NSW) for the purposes of the Werrington Road Acquisition:

a.   Lot 1 in Deposited Plan 1284387, being part of Lot 12 in Deposited Plan 734612 and having an area of 479m2.

3.     Minerals be excluded from the acquisition.

4.     The acquisition not be for the purpose of resale.

5.     Upon acquisition, Council dedicate the land as public road in accordance with section 10 of the Roads Act 1993 (NSW).

6.     The necessary applications be made to the NSW Minister for Local Government and the NSW Governor.

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

 

 

ATTACHMENTS/APPENDICES

1.

DP1284387 Registered Acquisition Plan

1 Page

Attachments Included

2.

Colliers Market Valuation November 2022 DRAFT

35 Pages

Attachments Included

  


Ordinary Meeting                                                                                         28 November 2022

 

 

 

18

Organisational Financial Review - September 2022   

 

Compiled by:               Neil Farquharson, Financial Services Manager

Geraldine Brown, Strategic Finance Coordinator

Authorised by:            Andrew Moore, Director - Corporate Services  

 

Outcome

We have open and collaborative leadership

Strategy

Deliver an efficient, transparent and accountable service to the community

Principal Activity

Support financial sustainability through financial planning and budget management and provide accurate reporting to the community

      

 

Executive Summary

This report outlines Council’s progress towards implementing its four -year Delivery Program for the first quarter period of 1 July to 30 September 2022. The report should be read in conjunction with the attached Organisational Report – September 2022, which records significant Variations, Reserve movements, proposed Revotes, Contracts, Consultancies and Legal Expenses, Cash and Investments position, Income and Expenses by Program, and our progress in completing the organisation’s Operating and Capital Projects for 2022-23.

Council projected a balanced budget in the adoption of the Original 2022-23 Operational Plan. The September Quarter has presented some variations to the Budget as is often the case with this first review, as many of the estimates and assumptions included in the original Budget are confirmed. The most notable favourable variations in this review impacting the Budget position relate to additional Financial Assistance Grant ($386k), and Emergency Services Levy – Grant ($172k), RID Squad savings ($118k), and salary savings ($158k). The mostly favourable variations have resulted in a surplus of $593,170 for the first quarter of 2022-23.

 

It is proposed as part of the Review to transfer the first quarter surplus of $593,170 to the Financial Management Reserve. This allocation will provide capacity to respond to any current and emerging priorities, including some of the priority resource requests and results in a balanced budget position being predicted for 2022-23.

Further details on proposed major variations are provided in this report, with more detail also included in the Organisational Report – September 2022 (Attachment 1).

 

This report recommends that the Organisational Financial Review – September 2022 be received, and that the revised Budget estimates identified in the report and detailed in the Organisational Report – September 2022 be adopted.

 

Changes to IP& R Original Documents

The following amendments are required to the original Integrated Planning and Reporting documents adopted by the Council on 27 June 2022:

·    Delivery Program 2022-26 (including the 2022-23 Operational Plan) – an additional action has been added to ensure consistency with other existing actions around significant projects. The additional action is:4.2.3e Progress the construction of the City Park project.

·    Delivery Program 2022-26 (including the 2022-23 Operational Plan) - a correction is required in relation to the “Footpath Delivery Program for 2022-23”- North Ward table on page 96 which listed College Street at a cost of $5,000, as this should be shown as a cost of $65,000.

·    Delivery Program 2022-26 (including the 2022-23 Operational Plan) - the Long Term Financial Plan on pages 80 and 81 has been replaced with the Base Scenario to align with the Resourcing Strategy.

 

An amended version of the Delivery Program 2022-26 (including the 2022-23 Operational Plan) will be placed on Council’s website.

 

Financial Position for the September 2022 Quarter

The financial position of Council for the quarter is expressed by providing information in compliance with Quarterly Budget Review Statement (QBRS) requirements on:

·    Budget position (whether balanced/surplus or deficit)

·    Significant variations

·    Identified Revotes

·    Funding summary

·    Reserve movements for the quarter

·    Capital and Operating Budget Projects list for the quarter

·    Key performance indicators

·    Income and expenses

·    Capital budget

·    Cash and investments

·    Contracts and other expenses

·    Consultancy and legal expenses.

 

Budget Position

 

$’000s

Original Budget Position

0

September 2022 Quarter Variations Adopted by the Council

0

September 2022 Quarter Review Proposed Variations

593

Less: Transfer to Financial Management Reserve

 

Revised Budget Position Surplus/(Deficit) projected

to June 2023

(593)

 

0

 

The predicted cumulative result for the year as at September 2022 is a balanced Budget after the recommended variations for the quarter, and the proposed allocation to Financial Management Reserve. Commentary is provided below on some of the more significant issues in the Review (F= Favourable, U= Unfavourable, A= Allocation). Further details together with all proposed variations, variations with no impact on available funds, and reserve movements, are detailed in the attached Organisational Report – September 2022.

 

 

 

Financial Assistance Grant - $386,413 F (21%)

As reported to the Council Ordinary Meeting of 26 September 2022, advice has now been received confirming Council’s 2022-23 Financial Assistance Grant (FAG) entitlement. The FAG allocated this year is $386,413 more than originally budgeted for the General component.

 

Emergency Services Levy Grant -$171,702 F (25%)

The NSW Government has continued for a third year to cover the increased costs of the Emergency Services Levy (ESL). This ESL contribution has been funded by General Revenue and this variation represents the difference between the estimated ESL Contribution and actual receipt.

 

Net Salary Savings- $158,391 F (0.1%)

During the 1st quarter of 2022-23 salary savings have been realised primarily due to vacancies across a number of Departments. The majority of these vacant positions are in the process of being filled. It is recommended that some of the identified organisational salary savings are retained in the individual Departments to enable the engagement of consultants or temporary staff to ensure the delivery of key Operational Plan tasks and projects. The salary savings, net of those being retained by Departments, total $158,391.

 

It is proposed that as part of the September Quarterly Review that salary savings of $158,391 are retained within the employee costs area to assist with year-end employee cost balancing and to supplement the budget for terminations. Any remaining savings at year end could then be transferred to the Employee Leave Entitlement (ELE) Reserve.

 

RID Squad Net Cost - $117,737 F (10%)

In line with the new agreement signed by member councils for 2022-23 a review of all costs associated with RID Squad operations has been undertaken, and this has resulted in this positive variance to the annual Budget for 2022-23.

 

Human Resources Systems - $75,000 U (34%)

This variance relates to a price increases in Council’s Human Resource systems (Recruitment, eLearning, and Performance Management) which have been renewed for another 12 months while the Enterprise Resource Planning (ERP) Strategy is finalised.

 

Net Rates Income – $40,000 F

This variance is comprised of the following variations:

 

·    $80,000 F (20%) - interest income is above initial estimates due to rates arrears being higher than anticipated;

·    $20,000 U (5%) - lower s603 Certificate income due to reduced activity in the property market;

·    $60,000 U (50%) - lower legal fees recovered due to Council’s approach to voluntarily delay the recommencement of legal action for overdue rates recovery; and

·    $40,000 F (42%) - lower legal costs due to Council’s approach to voluntarily delay the recommencement of legal action for overdue rates recovery.

 

Regulatory Control Income - $30,000 F (30%)

A review of regulatory fine income as at September has resulted in this additional income being forecast compared to the annual budget, based on the number of actual fines received to date.

 

 

 

Cook & Banks Cricket Practice Facility Upgrade - $27,000 U (45%)

In April 2021, Council sought quotations from two contracted suppliers to assist the Nepean District Cricket Association (NDCA) with a Community Builders Partnership grant application. In the time since the application was sent and awarded, the products required to undertake the upgrades have inflated costs associated with their supply and install. The project is still on track for completion by the December Quarter.

 

Library Income - $24,300 U (25%)

Library usage has still not completely recovered from the COVID closures, and subsequent health restrictions put in place to manage the pandemic. The decrease in visitor numbers to our branches has also resulted in a decline in Library Fee Income.

 

Fire Safety Income - $20,530 F (100%)

The budget for fire safety income has been adjusted to reflect income received to date. This income is a result of proactive action relating to Fire Safety and taking the compliance action required to improve fire safety in Class 2-9 buildings.

 

Transfer to Financial Management Reserve - $593,170 A

The development of the annual budget each year requires a number of assumptions to be made in relation both expenditure and income that are dependent on factors that are outside Council’s control. To safeguard against movements in these assumptions and forecasts it is proposed that $593,170 be transferred to Reserve. In addition, this allocation will provide capacity to respond to some current and emerging priorities, including some of the priority resource requests. 

 

Other variations with no impact on Available Funds

A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of these adjustments are provided in the Organisational Report – September 2022.

 

In addition to the aforementioned variations, a total of $100,000 of planned Capital projects are proposed for revote this quarter. The total value of revotes for the year to date is $100,000 (including the proposed September Quarter revotes) compared to zero revotes for the same period in 2021-22. A full list of Revotes is included in the Organisational Report – September 2022.

 

New Grants

In accordance with Councils Grant Applications Policy (adopted 30 May 2022) Attachment 2 is a list of grants that have been incorporated into the budget as part of the September 2022 Quarterly Review. As per the Policy these grants have a value below $250,000, do not require matching funding from Council and have no ongoing costs, and as such did not require a separate Council report.

 

Financial Implications

Adopting the recommendations within this report will mean Council’s 2022-23 Budget continues to predict a balanced budget position for the year. Further details of the financial implications are contained within the attached Organisational Report – September 2022.

 

Risk Implications

Clause 203 of the Local Government Regulation requires that the Budget Review statements and a revision of estimates must be reported to Council within two months after the end of each quarter (except the June quarter). This Quarterly Review incorporates a comprehensive analysis of Actuals vs Budgets across all areas of the organisation, and also proposes variations to the annual budget to be approved by the Council.

 

The Long Term Financial Plan is updated on a quarterly basis in line with the reviews to ensure that forward projections reflect the most current assumptions. This review process, and long term forecasting, minimise financial risk by supporting financial sustainability, transparency, and accountability.

 

The September 2022 Quarterly Review has been updated with the best available information, however there is every likelihood that more favourable and unfavourable variations will occur throughout the next nine months. Such variations will be managed and reported to the Council for consideration.

Conclusion

This report, and the more detailed Organisational Report – September 2022 indicates that the performance of Council’s Capital and Operating Projects are on track to meet Council’s challenging annual program.  Prudent financial management combined with the fine tuning and confirmation of budget assumptions have contributed to balanced budget being projected to June 2023.

 

Once adopted the Organisational Report – September 2022 will be placed on Council’s website.

 

RECOMMENDATION

That:

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

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

 

 

ATTACHMENTS/APPENDICES

1.

Organisational Report - September 2022

38 Pages

Attachments Included

2.

New Grants - September 2022 Quarter

1 Page

Attachments Included

  


Ordinary Meeting                                                                                         28 November 2022

 

 

 

19

Finalisation of 2021-22 Financial Statements    

 

Compiled by:               Cheryl Freeburn, Operational Finance Coordinator

Matthew Saunders, Rates Coordinator

Authorised by:            Neil Farquharson, Financial Services Manager

Andrew Moore, Director - Corporate Services   

 

Outcome

We have open and collaborative leadership

Strategy

Deliver an efficient, transparent and accountable service to the community

Principal Activity

Support financial sustainability through financial planning and budget management and provide accurate reporting to the community

 

Presenters:                  Reiky Jiang, Director - Financial Audit - Audit Office of NSW - Overview of conduct of Audit

Previous Items:           2021-22 Draft Financial Statements- Ordinary Meeting- 26 Sep 2022

                                      Recommencement of legal action for overdue rates- Councillor Briefing- 17 Oct 2022      

 

Executive Summary

Council staff have prepared the 2021-22 Financial Statements using the accrual method of accounting, and in compliance with Australian Accounting Standards and the New South Wales Local Government Code of Accounting Practice and Financial Reporting. The Financial Statements were referred to Council’s auditor, Audit Office of NSW at the Ordinary Meeting of Council held 26 September 2022.

 

In accordance with Section 420 of the Local Government Act 1993 (the Act), a period of public exhibition has been conducted in respect of inviting submissions on Council’s audited financial reports. No submissions have been received.

 

The final 2021-22 Financial Statements are now ready to be presented to the Council with an unqualified auditor’s opinion. This essentially means the independent NSW Audit Office have no reservation in certifying that Council’s audited financial statements:

·    adequately disclose material information;

·    present fairly our financial position; and

·    show results of Council operations in conformity with the provisions of the Local Government Code of Accounting Practice and Financial Reporting, the Local Government Act 1993 (NSW) and the Australian Accounting Standards.

 

The 2021-22 Financial Statements (within G5-1 Statement of performance measures) highlights an increase in the Rates and Annual Charges Outstanding percentage. Councillors were briefed on this increasing trend as a result the current economic climate and Council’s voluntary pause on recovery action during the pandemic and recent flood events. This report recommends a recommencement of pre-pandemic debt recovery processes as a means of prudently managing Council’s operational performance. Council’s balanced and compassionate approach to ratepayers undergoing hardship will still continue.

 

Addressing of the Meeting by Council’s Auditor

Reiky Jiang, Director - Financial Audit from the Audit Office of NSW, will be addressing the meeting. This is the sixth year that the Audit Office of NSW has been Council’s auditor. The presentation will outline the audit process and provide Council an opportunity to ask questions of the External Auditor.

 

Background

The Financial Statements are required to be audited by an independent auditor and lodged with the Office of Local Government by 31 October each year.

 

The Local Government Act 1993 has detailed provisions for the completion of the financial statements. The process is:

 

1.   &