25 January 2023

 

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 30 January 2023 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 requested by Councillor Jim Aitken OAM for:

Ordinary Meetings on 30 January 2023, 27 February 2023 and 20 March 2023

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 12 December 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

 

10.         DELIVERY PROGRAM REPORTS

 

11.         URGENT BUSINESS

 

12.         COMMITTEE OF THE WHOLE



ORDINARY MEETING

 

Monday 30 January 2023

 

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

 


A picture containing text, tableware, plate, dishware

Description automatically generated2023 MEETING CALENDAR

January 2023 - December 2023

(adopted by Council – 28 November 2022, amended 23 January 2023)

 

 

 

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

 


30

 

27@

 

20

 

1-

29#

26*

24

28@

25^

23ü

20∞#+

11

Policy Review Committee

7:00pm

 

 

 

17

 

 

10

14

 

9

 

4

 

 -

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 2022-23 Annual Statements are presented

 

Meeting at which any comments on the 2022-23 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, Councillor Briefings are confidential sessions).

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 12 DECEMBER 2022 AT 7:00PM

 

WEBCASTING STATEMENT

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

 

STATEMENT OF RECOGNITION

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

 

PRAYER

The Council Prayer was read by Rev Christine Bayliss-Kelly.

PRESENT – IN PERSON

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

 

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jim Aitken OAM for Ordinary Meetings and Policy Review Committee Meetings up to and including 12 December 2022.

 

354 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Todd Carney that Leave of Absence be granted to Councillor Robin Cook for her non-attendance at the meeting.

 

APOLOGIES

355  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Todd Carney that the apologies received from Councillor Jonathan Pullen and Councillor Karen McKeown OAM be accepted.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 28 November 2022

356  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Rusev that the minutes of the Ordinary Meeting of 28 November 2022 be confirmed.

 

DECLARATIONS OF INTEREST

Her Worship the Mayor, Councillor Tricia Hitchen declared a Pecuniary Conflict of Interest – Significant in Item 4 – Orchard Hills North Planning Proposal, as she is a landowner of a property in Orchard Hills. Her Worship the Mayor, Councillor Tricia Hitchen left the meeting during the consideration of this item and did not take part in discussion or voting on the issues.

 

Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 6 - Voluntary Planning Agreement for 57 Henry Street, Penrith, as he is the Director of a landholder within the vicinity of the property subject to the report. Councillor Ross Fowler OAM left the meeting during the consideration of this item and did not take part in discussion or voting on the issues.

 

SUSPENSION OF STANDING ORDERS

357  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Todd Carney that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:04pm.

 

 

Mr Matthew Hyder

 

Item 4 – Orchard Hills North Planning Proposal

 

Mr Matthew Hyder, affected person spoke in support of the recommendation. Mr Hyder expressed his support to endorse the Planning Proposal for Orchard Hills North and the Section 7.11 Contributions Plan and Draft Development Control Plan. Mr Hyder then thanked Council staff for their positive engagement and collaborative efforts. He also stated that the planning proposal contains mechanisms that require certainty for the provision of Local and State infrastructure to support new development and also provides an appropriate framework to ensure that risks to Council are effectively mitigated. Mr Hyder then reiterated that Legacy will continue to ensure the provision of key infrastructure and collaborate with Council to achieve tangible outcomes for the community.  

 

 

Mr Daniel Seraglio

 

Item 5 – Glenmore Park Stage 3 Planning Proposal

 

Mr Daniel Seraglio affected person spoke in support of the recommendation. Mr Seraglio expressed his support in relation to the Glenmore Park Stage 3 Planning Proposal on behalf of Mirvac. Mr Seraglio emphasised the significant of delivering the infrastructure and recreational items within the release area. Mr Seraglio also detailed Mirvac’s commitment to constructing community facilities on the site such as a café, a sporting field and multi-purpose rooms, as part of a Voluntary Planning Agreement with Council. He also proposed that Councillors be further briefed on this matter as the Voluntary Planning Agreement further progresses. 

 

 

Mr Samih Khan

 

Item 5 – Glenmore Park Stage 3 Planning Proposal

 

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

 

Mr Khan’s submission as an affected landowner spoke in opposition to the recommendation. Mr Kahn expressed his opposition to the recommendation on the basis that he did not have sufficient time to review the paper and proposed that the discussion in relation to the Glenmore Park Stage 3 Planning Proposal be postponed. He also emphasised the significance and impact of the determination of the land to him and his family. Mr Khan then elaborated upon the two primary issues, consisting of Linear Park 1 and the Cumberland Plain Conservation Plan mapping. Furthermore, Mr Kahn recommended that Council not include Linear Park 1 in the land acquisition and that any C2 land is rezoned to R2/R3 respectively. 

 

RESUMPTION OF STANDING ORDERS

358  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Todd Carney that Standing Orders be resumed, the time being 7:16pm.

 

Mayoral Minutes

 

1        Vale former NSW Police Commissioner Anthony (Tony) Lauer           

359  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney that the Mayoral Minute on Vale former NSW Police Commissioner Anthony (Tony) Lauer  be received.

 

2        Congratulations to The Blind Chef Cafe's Craig Shanahan                  

360  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney that the Mayoral Minute on Congratulations to The Blind Chef Cafe's Craig Shanahan be received.

 

3        Ripples recognised at Local Business Awards                                      

361  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney that the Mayoral Minute on Ripples recognised at Local Business Awards be received.

 

4        Thankyou and farewell to Hania Radvan                                                 

362  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM that the Mayoral Minute on Thankyou and farewell to Hania Radvan be received.

 

Notices of Motion

 

1        Llandilo Road Flooding  - Discussions and Access to Property          

363  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Sue Day that Council actively engage with the relevant State Members to facilitate discussions with representatives from the John Morony Correctional Complex, and if required arrange access to their site to enable works to be arranged by relevant parties that will assist in mitigating the flood impacts on Llandilo Road.

 

 

Questions on Notice

 

1        Judd Street, Berkshire Park                                                                      

Councillor Kevin Crameri OAM ASKED:

 

 

1.    Was the land owner allowed to import over 200 truckloads of fill?

 

2.    Was the land owner allowed to divert the natural flow of water 90 degrees?

 

3.    Was the land owner allowed to fill to the fence line?

 

4.    Does council agree that the landowner has on at least 4 occasions blocked the natural flow of water to the drainage system?

 

5.    Does Council agree the land owner has on at least 4 occasions built dams to force water onto no 10 Judd Street?

 

6.    Has Council done anything about the agg pipeline? 

 

7.    Has Council spoken to no. 12 Judd Street yet?

 

8.    What was the scope of works that has to be done in relation to the property? 

 

Note: A memo response was provided to all Councillors responding to the questions above and tabled at the meeting.

 

 

Reports of Committees

 

1        Report and Recommendations of the Resilience Committee Meeting held on 23 November 2022                                                                                         

364  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Rusev that the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 23 November, 2022 be adopted.

 

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

365  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Marlene Shipley that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 December, 2022 be adopted.

 


 

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We plan and shape our growing City

 

5        Glenmore Park Stage 3 Planning Proposal                                             

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

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

That:

1.     The information contained in the report on Glenmore Park Stage 3 Planning Proposal be received

2.     Council endorse the Planning Proposal presented in this report and which has been provided to Councillors as a separate enclosure and is publicly available on Council’s website

3.     All supporting technical studies supporting the Planning Proposal be updated and contemporised to reflect the final revised Planning Proposal referred to in resolution 2

4.     Council endorse the draft amendment to the Penrith Development Control Plan 2014 which has been provided to Councillors as a separate enclosure and is publicly available on Council’s website

5.     The General Manager be granted delegation to amend the adopted Development Control Plan with updated diagrams and images, following the completion of studies referred to in resolution 3

6.     The draft amendment to the Penrith Development Control Plan 2014 referred to in resolution 4 take effect following the date when the LEP amendment sought by the Planning Proposal takes effect

7.     Council endorse and amend the draft Section 7.11 Development Contributions Plan which has been provided to Councillors as a separate enclosure and is publicly available on Council’s website in accordance with the changes presented in this report

8.     Council forward the draft Section 7.11 Development Contributions Plan referred to in resolution 7 to the Independent Pricing and Regulatory Tribunal with a request to conduct a formal review of the document

9.     Council request the Department of Planning and Environment to include Glenmore Park Stage 3 in Schedule 2 of the Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012

10.   Council submit the Planning Proposal to the Department of Planning and Environment for finalisation and gazettal with a request that the LEP amendment is made, once resolution 3 has been met.

 

 

 

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

For

Against

 

Councillor Tricia Hitchen

Councillor Kevin Crameri OAM

Councillor Todd Carney

Councillor Sue Day

Councillor John Thain

 

Councillor Marlene Shipley

 

Councillor Ross Fowler OAM

 

Councillor Glenn Gardiner

 

Councillor Bernard Bratusa

 

Councillor Mark Rusev

 

Councillor Mark Davies

 

 

 

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

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

367  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Glenn Gardiner

That:

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

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

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

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

 

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

For

Against

 

Councillor Tricia Hitchen

Councillor Kevin Crameri OAM

Councillor Todd Carney

Councillor Sue Day

Councillor John Thain

 

Councillor Marlene Shipley

 

Councillor Ross Fowler OAM

 

Councillor Glenn Gardiner

 

Councillor Bernard Bratusa

 

Councillor Mark Rusev

 

Councillor Mark Davies

 

 

 

 

Her Worship the Mayor, Councillor Tricia Hitchen left the meeting, the time being 7:48pm.

Deputy Mayor, Councillor Todd Carney, took the Chair, the time being 7:48pm.

 

4        Orchard Hills North Planning Proposal                                                   

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

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

That:

1.     The information contained in the report on Orchard Hills North Planning Proposal be received.

2.     Council endorse the Planning Proposal presented in this report and which has been provided to Councillors as a separate enclosure and is publicly available on Council’s website.

3.     All supporting technical studies supporting the Planning Proposal be updated and contemporised to reflect the final revised Planning Proposal referred to in resolution 2.

4.     Council endorse the draft amendment to the Penrith Development Control Plan 2014 which has been provided to Councillors as a separate enclosure and is publicly available on Council’s website.

5.     The draft amendment to the Penrith Development Control Plan 2014 referred to in resolution 4 take effect following the date when the LEP amendment sought by the Planning Proposal takes effect.  

6.     Council endorse and amend the draft Section 7.11 Development Contributions Plan (which has been provided to Councillors as a separate enclosure and is publicly available on Council’s website) in accordance with the changes presented in this report.

7.     Council forward the draft Section 7.11 Contributions Plan referred to in resolution 6 to the Independent Pricing and Regulatory Tribunal (IPART) with a request to conduct a formal review of the document. 

8.     Council request the Department of Planning and Environment to include Orchard Hills North in Schedule 2 of the Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012.

9.     Council submit the Planning Proposal to the Department of Planning and Environment for finalisation and gazettal with a request that the LEP amendment be made, with deferred commencement on 1 October 2023, and once resolution 3 has been met.

10.   Council and Legacy Property finalise negotiations in respect to a local Legacy Property VPA Offer, and that this be reported to a future Council meeting for consideration.

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

For

Against

 

Councillor Todd Carney

Councillor Kevin Crameri OAM

Councillor John Thain

Councillor Sue Day

Councillor Marlene Shipley

 

Councillor Ross Fowler OAM

 

Councillor Glenn Gardiner

 

Councillor Bernard Bratusa

 

Councillor Mark Rusev

 

Councillor Mark Davies

 

 

Her Worship the Mayor, Councillor Tricia Hitchen returned to the meeting and took the Chair, the time being 7:49pm.

 

Outcome 1 - We protect and enhance an ecologically sustainable environment

 

1        Acceptance of Grant Funding Offer - NSW Floodplain Management Program 2022/23                                                                                         

369  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Glenn Gardiner

That:

1.     The information contained in the report on Acceptance of Grant Funding Offer - NSW Floodplain Management Program 2022/23 be received.

2.     Council accept the grant funding offers from the NSW Government for the following projects:

a.   Upper Byrnes Creek Catchment Overland Flow Flood Study - $166,000;

b.   Blackwall Creek Catchment Flood Study – $223,332;

c.   Chapman Gardens Basin Augmentation, Kingswood – detailed investigation and detailed Design - $213,333; and

d.   Byrnes Creek Catchment Flood Mitigation Work -Detention Basin and Drainage- Investigation and Detailed Design - $190,001.

3.     Council write to Local Members and the Department of Planning and Environment, expressing appreciation of their continued support and funding towards Council’s Floodplain Management programs.

 


 

 

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

 

17      Request For Major Event Sponsorship - Australian Taekwondo Limited    

370  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Sue Day

That:

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

2.     Council endorse sponsorship funding of $5,000 (plus GST) to Australian Taekwondo Limited in support of the 2023 Taekwondo World Championship Senior Selection Event to be held on Saturday 25 and Sunday 26 February 2023 with an additional placement fee of $2,200 (plus GST) payable to Sports Marketing Australia, for a total funding amount of $7,200 (plus GST).

 

 

Outcome 3 - We plan and shape our growing City

 

2        National Growth Areas Alliance (NGAA) – Annual Report and Endorsement of a Councillor Representative for the Strategic Advisory Committee                    

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

That:

1.     The information contained in the report on National Growth Areas Alliance (NGAA) – Annual Report and Endorsement of a Councillor Representative for the Strategic Advisory Committee be received.

2.     Council nominate Deputy Mayor, Todd Carney, for the NGAA Strategic Advisory Committee.

 

 

3        Setting of Road Levels Under Roads Act for Aldington Road and Abbotts Road, Kemps Creek                                                                     

372  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev

That:

1.     The information contained in the report on Setting of Road Levels Under Roads Act for Aldington Road and Abbotts Road, Kemps Creek be received.

2.     Council adopt the plans tabled above as the proposed centreline levels for the redesign of Abbotts Road and Aldington Road.

3.     Council undertake a public exhibition process of the proposal for a period of 28 days.

4.     Council advise all adjoining property owners of the proposal and of the associated exhibition period.

5.     Subject to no substantial objections, Council place a notice in the Government Gazette in accordance with the Roads Act which will fix new levels for both Aldington Road and Abbotts Road, Kemps Creek.

 

 

Councillor Ross Fowler OAM left the meeting, the time being 7:52pm.

 

6        Voluntary Planning Agreement for 57 Henry Street, Penrith

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

373  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Marlene Shipley

That:

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

2.     Council endorse the Voluntary Planning Agreement for 57 Henry Street, Penrith (Attachment 1) for execution.

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

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

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

For

Against

 

Councillor Tricia Hitchen

 

Councillor Todd Carney

 

Councillor John Thain

 

Councillor Marlene Shipley

 

Councillor Glenn Gardiner

 

Councillor Bernard Bratusa

 

Councillor Mark Rusev

 

Councillor Mark Davies

 

Councillor Kevin Crameri OAM

 

Councillor Sue Day

 

 

 Councillor Ross Fowler OAM returned to the meeting, the time being 7:53pm.


 

 

Outcome 4 - We manage and improve our built environment

 

8        Endorsement of the Penrith Accessible Trails Hierarchy Study (PATHS) Implementation Plan 2022 - 2032                                              

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

That:

1.     The information contained in the report on Endorsement of the Penrith Accessible Trails Hierarchy Study (PATHS) Implementation Plan 2022 - 2032 be received.

2.     Council notes the outcomes of the public exhibition found in Attachment 1: Submission Response Table; and proposed changes to the plan included in Attachment 2: Proposed Changes to the Penrith Accessible Trails Hierarchy Study (PATHS) Implementation Plan 2022 – 2032.

3.     Council endorse the Penrith Accessible Trails Hierarchy Study Implementation Plan 2022 – 2032 provided in the separate enclosure.

 

9        RFT22/23-017 Building Maintenance and Minor Construction Works 

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

That:

1.     The information contained in the report on RFT22/23-017 Building Maintenance and Minor Construction Works be received

2.     Coverit Building Group Pty Ltd be awarded as the Primary Building Maintenance Tenderer for all reactive building maintenance up to $25,000 and all scheduled maintenance.

3.     Acron Building Services Pty Limited, Chips Property Trade Services, Coverit Building Group Pty Ltd, Maincom Group, Progroup Management Pty Ltd, Rogers Construction Group PTY LTD, Sudiro Constructions Pty Ltd and Westbury Constructions Pty Ltd form the panel of approved contractors for Building Maintenance & Minor construction Works to completed reactive maintenance works from $25,000 - $250,000, building project works up to the value of $250,000 through RFQ process and building project works from $250,000 to $1,000,000 through the select tender process.

4.     The General Manager be authorised to sign all necessary legal documents in relation to this matter.

 

 


 

 

10      Proposed Memorandum of Understanding with Redland City Council, Queensland                                                                                  

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

That:

1.     The information contained in the report on Proposed Memorandum of Understanding with Redland City Council, Queensland be received.

2.     The Mayor, Councillor Tricia Hitchen sign the Memorandum of Understanding with Redland City Council.

 

 

Outcome 5 - We have open and collaborative leadership

 

11      Mulgoa RFS Consolidation and Easements to Drain Water                  

377  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Sue Day

That:

1.     The information contained in the report on Mulgoa RFS Consolidation and Easements to Drain Water be received

2.     Council endorse the proposed lot consolidation and the creation of the associated easements as detailed within this report.

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

4.     Upon consolidation the land be categorised as a General Community Use 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 his delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

Procedural Motion

378  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Mark Rusev that Item 12 - Natural Disaster Essential Public Asset Restoration & Local Government Recovery Grants be considered in Committee of the Whole, for discussion as the report refers to commercial information of a confidential nature that would, if disclosed reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 


 

 

13      Procurement Sourcing and Contract Management Systems Module Enhancement                                                                                              

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

That:

1.     The information contained in the report on Procurement Sourcing and Contract Management Systems Module Enhancement be received.

2.     Council accept under section 55 3(i) of the Local Government Act 1993 (NSW) the extenuating circumstance that there is an identified urgent requirement to implement an improved Sourcing and Contract Management solution.

3.     Council award the contract to VendorPanel Pty Ltd for the period up until the implementation of a new ERP. 

4.     The General Manager be authorised to sign all necessary legal documents in relation to this matter.

 

 

14      Audit, Risk and Improvement Committee                                                

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

 

15      Adoption of Community Engagement Policy 2022 and Community Engagement Strategy and Community Participation Plan 2022-26      

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

That:

1.     The information contained in the report on the Adoption of Community Engagement Policy 2022 and Community Engagement Strategy and Community Participation Plan 2022-26 be received

2.     Council note the feedback during the public exhibition

3.     Council adopt the Community Engagement Policy and the Community Engagement Strategy and Participation Plan 2022-26.

 

 

16      Summary of Investment & Banking for the period 1 November 2022 to 30 November 2022                                                                                  

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

That:

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

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

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

 

 

Committee of the Whole

 

383 RESOLVED on the MOTION of Councillor Mark Rusev seconded Councillor Sue Day            that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 7:57pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Mark Rusev seconded Councillor Sue Day that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

Outcome 5

 

2        Council Property - New Lease Agreement - Operational Land - Shop 1, 225-227 Queen St, St Marys - Resourced Music Therapy 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.

 

3        Proposed Property Acquisition                                                                                       

 

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

 

4        Unsolicited Request to Purchase Council Owned Land at Dunheved Circuit, St Marys                                                                                                                                             

 

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

 

5       Natural Disaster Essential Public Asset Restoration & Local Government Recovery Grants

 

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

The meeting resumed at 8:27pm and the General Manager reported that the Committee of the Whole met at 7:57pm on 12 December 2022, the following being present

 

Her Worship the Mayor, Councillor Tricia Hitchen, Deputy Mayor Councillor Todd Carney and Councillors Bernard Bratusa, Kevin Crameri OAM, Mark Davies, Sue Day, Ross Fowler OAM, Glenn Gardiner, 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        Council Property - New Lease Agreement - Operational Land - Shop 1, 225-227 Queen St, St Marys - Resourced Music Therapy Pty Ltd                                             

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Marlene Shipley  

CW2 That:

1.     The information contained in the report on Council Property - New Lease Agreement - Operational Land - Shop 1, 225-227 Queen St, St Marys - Resourced Music Therapy Pty Ltd be received

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

 

 

 

3        Proposed Property Acquisition                                                                                       

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Sue Day   

CW3 That:

1.     The information contained in the report on Proposed Property Acquisition be received

2.    Council resolve to adopt the recommendations 1-4 as listed within the body of this report.

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

4.     A further report be presented to Council detailing the outcome of any negotiations in this matter.

 


 

 

4        Unsolicited Request to Purchase Council Owned Land at Dunheved Circuit, St Marys                                                                                                                                  

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa 

CW4 That:

1.     The information contained in the report on Unsolicited Request to Purchase Council Owned Land at Dunheved Circuit, St Marys be received

2.     Council decline the Unsolicited Proposal submitted by Space Urban Pty Limited based on the details provided in this report.

 

 

5        Natural Disaster Essential Public Asset Restoration & Local Government Recovery Grants      

RECOMMENDED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marlene Shipley

CW5 That the information contained in the report be received.

 

 

ADOPTION OF Committee of the Whole

 

384 RESOLVED on the MOTION of Councillor Mark Davies 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.

 

 

Outcome 5 - We have open and collaborative leadership

 

12      Natural Disaster Essential Public Asset Restoration & Local Government Recovery Grants                                                                  

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

That:

1.     The information contained in the report on Natural Disaster Essential Public Asset Restoration & Local Government Recovery Grants be received

2.     Council endorse the grant applications for:

a.   CLIRP (AGRN 906) for the amount $204,277

b.   LGRG (AGRN 1012) for the amount $1,000,000

c.   LGRG (AGRN 1025) for the amount $1,000,000

d.   DRFA – TFNSW EW/IRW for $2,500,000

e.   DRFA – TFNSW REPA for an amount in excess of $15,000,000 (as and when developed)

f.    DRFA – Harrold Corr and City Park projects in the amount of $608,800

g.   DRFA – Regatta Park project in the amount of $2,972,067

h.   Betterment Fund for the amount $2,066,963

i.    Sport Infrastructure Recovery Fund for the amount $956,000

 

3.     Council forward fund the additional project costs for Regatta Park in the amount of $2,116,490 from the Financial Management Reserve to ensure the continuation of the project. If the DRFA grant application is successful, this amount is to be repaid to the Financial Management Reserve.

4.     Council write to the NSW Premier, relevant Ministers and local members advising of the grant applications.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:27pm.

 



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 local artist Susan Oxenham                                                                      1

 

 

 



Ordinary Meeting                                                                                             30 January 2023

 

Mayoral Minute

The passing of local artist Susan Oxenham

           

 

I am saddened by the news that Emu Plains artist and author Susan Oxenham passed away in late 2022. Susan lived with vision impairment and was an inspiration to many, as she focused on her strengths and created stunning, thought-provoking artworks. 

 

At just two, Susan started to draw and paint after her parents were told she would eventually lose her sight. At 17 she was legally blind in one eye. Her vision in the other eye continued to deteriorate, but despite this Susan’s ability and prominence as an artist only grew.

 

In 2016, Susan’s exhibition Long Sighted at the Library launched at Penrith City Library and featured a series of 10 artworks representing her journey with macular degeneration.

 

In 2019, Susan spent weeks in Nepean Hospital following major brain surgery. She used that time to connect with other patients by holding informal art classes.

 

Susan had a long relationship with the Penrith Regional Gallery where she recently undertook a three-month residency program. She worked with the Lewers Gallery’s Heritage Gardener to source plant cuttings used in her colourful and textural artworks for her Soaking Up The Senses exhibition.

 

Susan also created annual calendars showcasing her immense talent and her 2022 inspiration calendar was no exception. I had the pleasure of meeting Susan and can say that her personality was as vibrant as her artworks.

 

Susan’s legacy lives on and I am pleased that Council featured Susan and one of her great pieces on the cover of the 2021 Penrith Disability Snapshot, as she inspired many people living with disability to pursue their passions and encouraged our community members to harness their creative power.

 

On behalf of Council and my Councillor colleagues, I thank Susan for her contributions to our City and send my condolences to her family, friends, supporters and advocates.

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Councillor Tricia Hitchen

Mayor

 

RECOMMENDATION

That the Mayoral Minute on The passing of local artist Susan Oxenham be received.

  


 

 

 

 

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Notices of Motion

 

Item                                                                                                                                       Page

 

1        Staffing Levels                                                                                                                    1

 

 

 



Ordinary Meeting                                                                                             30 January 2023

Notice of Motion

1          Staffing Levels            

 

 

Councillor Kevin Crameri OAM TO MOVE:

 

That we have a report to Council on the staffing levels and resourcing of the Environmental Health and Compliance Department.

 

Note from Councillor:

Responses I have received say that there is a high workload in this department and that there are a set of priorities of what they will look at first. This is a crucial department for the community that needs to be able to respond efficiently.

 

Comment by Acting General Manager:

 

Councillor Crameri lodged the earlier iteration of this Notice of Motion on 26 December 2022. Given the next Ordinary Meeting was over a month away, Council officers prepared a memorandum response.

 

On 10 January 2023, Greg McCarthy, Acting Director Development and Regulatory Services, issued Councillor Crameri a memorandum which contained the below information:

 

“Council’s Development Compliance team has faced an unprecedented number of investigations over the last three years. This increase has been attributed to the increasing development within the Penrith LGA, COVID-19 impacts, increased numbers of residents working from home, and the recent successive extreme weather events.

 

Additional resources are critical to having a meaningful impact on the increased compliance workload. A business case for four additional staff was submitted in late 2022, and these positions have since been approved. The additional resources will bring the immediate workload under control, as well as providing a sustainable ongoing capacity to manage the higher compliance workload.

 

Recruitment for the additional staff has commenced and all staff are expected to be in place by the end of March 2023.

 

In terms of priorities for the team, Council’s Compliance and Enforcement Policy (adopted at the 11 March 2019 Policy Review Committee Meeting) sets the priorities for compliance action by Council officers. The Policy provides structure for consistency and transparency in decision making, and to facilitate a proportional approach to compliance and enforcement. It is also intended to assist Council staff to act promptly, effectively and consistently in response to allegations of unlawful activity.

 

The Policy applies a risk-based approach to compliance action, to ensure resources are focused on those matters posing the biggest risk to the community and environment. Risk-based regulation works on the basis that the type of compliance action chosen will be dependent on an evaluation of the degree of risk, and the impact of the non-compliance on Council’s ability to achieve its objectives. It is a way to target resources where they are most needed and where they will produce the most effective impact. A risk-based approach categorises compliance matters into low, medium, and high based on the likelihood of significant risk or harm to the environment and/or public safety.”

 

Council is a large and complex organisation with competing resourcing demands. The General Manager and Leadership Team consider resourcing requirements in the context of Council’s adopted priorities, and decisions about resourcing are made within the organisation’s financial capabilities

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Questions on Notice

 

Item                                                                                                                                       Page

 

1        Property Register                                                                                                               1

 

 

 



Ordinary Meeting                                                                                             30 January 2023

Question On Notice

1          Property Register            

 

 

Councillor Kevin Crameri OAM ASKED:

 

Many years ago there use to be a property register at the counter that people could look at to see who owned a property. Is this still available, if not what has changed and when?

 

Note from Officers:

 

Council has previously provided members of the public with information about properties through a Rates Book which could be viewed at the front counter. This information at times included property owner details. Council staff are unable to confirm the exact date these books stopped being available, but it was sometime in the mid to late 90s when the introduction of electronic registers became available, and hard copy registers were replaced. Further to this, in 1998 the Privacy and Personal Information Protection Act 1998 was introduced which made much of the information previously freely available restricted.

 

The current process for getting information about a neighbouring property involves completing an informal GIPA application, which allows officers to verify the particulars of what is being asked and releasing information in accordance with the provisions of the GIPA Act.  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Outcome 1 - We protect and enhance an ecologically sustainable environment

 

1        Cranebrook Catchment Overland Flow Flood Study                                                         1

 

2        Acceptance of Grant Funding - Greening Our City Program                                            7

 

 

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

 

3        Request For Major Event Sponsorship - 2023 Redline Games Western Sydney          13

 

 

Outcome 3 - We plan and shape our growing City

 

4        Reporting on Determined Clause 4.6 Variations to Development Standards                 19

 

5        Submission on Explanation of Intended Effect - Amendments to State Environmental Planning Policy (Housing) 2021                                                                                       22

 

 

Outcome 4 - We manage and improve our built environment

 

6        Completion of Playspaces Shade Project                                                                       41

 

7        Multi-Sport Community Facility Fund - Grant Acceptance                                              43

 

8        Acceptance of grant funding - Western Sydney Infrastructure Plan, Local Roads Package, Round 4                                                                                                                            49

 

9        Penrith Whitewater Stadium - Lease Agreement                                                            52

 

 

Outcome 5 - We have open and collaborative leadership

 

10      Local Government Remuneration Tribunal - Annual Determination 2023                      59

 

11      Summary of Investment & Banking for the period 1 December 2022 to 31 December 2022                                                                                                                                           66

 

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 1 - We protect and enhance an ecologically sustainable environment

 

Item                                                                                                                                       Page

 

1        Cranebrook Catchment Overland Flow Flood Study                                                         1

 

2        Acceptance of Grant Funding - Greening Our City Program                                            7

 

 

 

 



Ordinary Meeting                                                                                             30 January 2023

 

 

 

1

Cranebrook Catchment Overland Flow Flood Study   

 

Compiled by:               Janahan Jivajirajah, Senior Engineer - Stormwater

Mylvaganam Senthilvasan, Floodplain Engineering Coordinator

Authorised by:            Adam Wilkinson, Engineering Services Manager

Andrew Jackson, Director - Development and Regulatory Services  

 

Outcome

We protect and enhance an ecologically sustainable environment

Strategy

Strengthen sustainability and climate resilience

Principal Activity

Manage the risk to and impact on life and property from the existing and potential future use of the floodplain

      

 

Executive Summary

The purpose of this report is to advise Council that the Cranebrook Catchment Overland Flow Flood Study is now complete, and the draft flood study report is ready to be placed on public exhibition.

 

This report recommends that the draft for public exhibition of the Cranebrook Catchment Overland Flow Flood Study, October 2022 be placed on exhibition for public comment. The study has been prepared in accordance with the NSW Floodplain Development Manual (April 2005), and has been endorsed by Council’s Floodplain Risk Management Committee. Council will send a letter to each of the properties within the catchment (approximately 7,800) notifying them of the exhibition.

 

Like similar recent studies, the flood study provides analysis of the local overland flood behaviour within the Cranebrook catchment. It establishes detailed flood maps, sets flood levels and describes the Flood Planning Area (FPA).

 

With the completion of the flood study and the proposed public exhibition, it is required to update the section 10.7 flood planning notations to those properties located within the Flood Planning Area.  Council’s flood information for the study area will also be updated based on the flood study and will be used for future flood planning purposes. 

 

There are currently 3,112 properties in the catchment that are flood coded. The study proposes that of these 3,112 properties, the flood coding can be removed from 433 properties. The study does however also propose that flood codes be applied to 417 properties that have not previously had a flood coding.

Background

The NSW Government’s Flood Policy is directed at providing solutions to existing flooding problems in developed areas and ensuring that new developments are compatible with the relevant flood hazard and do not create flooding problems in other areas. Under the policy the management of flood prone land remains the responsibility of Local Government. The policy and floodplain management practices are defined in the NSW Government’s Floodplain Development Manual, April 2005.

 

The State Government, under its policy, provides technical advice and in some instances financial support to councils to manage their floodplains.

 

Council is undertaking this Cranebrook Catchment flood study with the technical guidance and financial assistance from the NSW Department of Planning and Environment (DPE). Council has secured grant funding from NSW Government under its 2019/20 Floodplain Management Program. The grant funding is provided on a three-year funding program and based on a funding ratio of $2(State): $1(Council).

 

Floodplain Risk Management Studies and Plans for various creek systems and the catchment areas within the Penrith Local Government Area (LGA) will be required to effectively manage Council’s floodplains. In 2006 Council undertook an “Overland Flow Flood Overview Study” for the entire LGA. This identified and mapped all major overland flow paths, assessed provisional flood hazard for properties at risk of flooding, and ranked catchment areas in terms of severity of flooding to assist Council for prioritising catchments to undertake detailed flood studies.

 

The Cranebrook catchment was identified as one of the priority catchments requiring a detailed overland flow flood study and a floodplain risk management plan to effectively manage overland flows.

Current Situation

The Cranebrook Catchment Overland Flow Flood Study Area (Appendix 1) comprises the suburbs of Cranebrook and North Penrith. The study area is approximately 1,330 Ha (13.3km2) and is bounded by the Nepean River and Penrith Lakes in the west, The Northern Road in the east and the Great Western Railway Line in the south. Stormwater flows from the catchment drain into the Nepean River via Boundary Creek and several overland flow paths. The study area includes residential, commercial, and industrial type properties.

 

The study area is influenced by both local overland flow from the upstream catchment and the mainstream Nepean River. Both flooding mechanisms have been analysed as part of this flood study using the adopted Nepean River Flood Study 2018.

 

The objectives of this local overland flow flood study are to review the studies previously undertaken by various agencies and to establish the local overland flow flood behaviour such as flood extents, flood levels, depths, velocities, flows, hydraulic and hazard categories.

 

The scope of works also includes:

·      A review of available information, including previously completed flood studies, rainfall records and topographic mapping of the floodplain.

·      A community consultation and participation program to identify local flooding concerns and engage the community in the on-going floodplain management process.

·      Definition of flood behaviour such as flood flows, flood levels, flood depths, and flood velocities for a range of design flood events.

·      Definition of the Provisional Hydraulic and Hazard categories.

·      Flood mapping for all design storm events, flood hazard and hydraulic categories.

·      Emergency response classification maps and assessment of the performance of major hydraulic structures to assist the State Emergency Services with emergency response planning.

·      Potential impact of climate change on the existing flood behaviour.

·      Flood planning area maps including flood planning constraint categories definition.

·      A summary of the preliminary flood mitigation options to alleviate the flooding issues identified.

 

The Flood Study has been undertaken in accordance with the NSW Floodplain Development Manual, April 2005. The Flood Study was overseen by the Council’s Floodplain Risk Management Committee and guided by a Technical Working Group comprising representatives from Council, the Department of Planning and Environment and the NSW State Emergency Services.

 

On 5 September 2022 the final draft Cranebrook Catchment Overland Flow Flood Study (August 2022) report was presented to Council’s Floodplain Management Committee.  The Committee endorsed the draft flood study report and supported a recommendation to seek Council endorsement to go to public exhibition. A few minor amendments to the final draft study report were made considering comments received from the Committee and staff, and the flood study is now marked as “Draft for Public Exhibition (October 2022)”.

 

The draft for public exhibition of the Cranebrook Catchment Overland Flow Flood Study, October 2022 report (Volume 1 - Main Report, Volume 2 – Report Figures and Maps are provided separately to Councillors and are made available to the public via Council’s website) is now complete and ready for public exhibition and comment.

 

Public Exhibition

The public exhibition process will include direct exhibition throughout the catchment and public notification of that exhibition period. It is proposed that the following will be undertaken as part of the public exhibition.

 

·      Advertisements will be placed in the local newspaper inviting residents, ratepayers and business owners to review the draft flood study documents and make submissions;

·      Letters and factsheet to property owners (approximately 7,800 letters) within the catchment will be sent informing them about the public exhibition and requesting them to review the draft flood study documents and make submissions;

·      Council’s website will be used to access the study documents and arrangements will be made for making submissions electronically;

·      Printed study documents will be placed as appropriate at Council offices and libraries for viewing by the public;

·      A factsheet detailing the flood management process and the steps involved in developing a floodplain risk management study and plan will be prepared and distributed. This will also be made available through Council’s Website; and

·      A community meeting (in-person) is proposed so that the public can ask questions on the relevant documents and discuss as required. Details will be provided in the factsheet to register the interest for the community meeting.

It is proposed to commence the public exhibition in early March/April 2023. The public exhibition is normally held for a four-week period.

A further report will be brought back to Council after the four week period, outlining the results of the exhibition process and any feedback received.

Flood Study Implications

1.   This is the first detailed overland flood study undertaken for the Cranebrook catchment and the Flood Study will:

•     set new flood levels for the catchment and define flood conditions.

•     set new flood planning levels.

•     be used to for the future flood planning purposes within the catchment including development assessment.

•     be provided to the NSW SES for their flood management purposes including flood evacuation.

2.   With the completion of the Flood Study and the proposed public exhibition, it is required to update the section 10.7 flood planning notations to those properties located within the Flood Planning Area.  Currently there are 7,740 land titles within the study area, and of which 3,112 land titles are currently coded with s10.7 flood planning notations based on a combination of the 2018 Nepean River Flood Study, and the 2006 Penrith Overland Flow Overview Flood Study.

With the completion of this Flood Study an additional 417 lots (651 land titles) will be flood coded. However, the Flood Study identified that there are 433 lots (627 land titles) which are currently flood coded will be outside the Flood Planning Area and as such the existing flood notations to those properties will be removed.

3.   The Flood Study identified several “flooding hotspots” that are required to be further investigated under the future Floodplain Risk Management Study for the catchment. Following the public exhibition and the adoption of the Flood Study by Council, grant funding will be sought under future grant funding programs for the proposed Floodplain Risk Management Study and to develop a Floodplain Risk Management Plan for the catchment.

Financial Implications

This report recommends that the draft flood study be placed on exhibition for public comment. The costs associated with the public exhibition have been included in the project budget.

Risk Implications

Council is required to publicly exhibit the draft flood study for a minimum of four weeks to seek comment before adopting the study.  This is to meet the requirements detailed in the NSW Floodplain Development Manual, April 2005 and to meet the grant funding requirement.

Conclusion

The draft for public exhibition of the Cranebrook Catchment Overland Flow Flood Study (October 2022) has been undertaken in accordance with the NSW Floodplain Development Manual, April 2005. The Flood Study provides a comprehensive analysis of the existing flooding within the catchment.  The flood study is now complete, and the draft flood study report is ready for public comment. The next step is to publicly exhibit the flood study and bring a subsequent report back to Council detailing the results of the exhibition.

 

It is recommended that the draft for public exhibition of the Cranebrook Catchment Overland Flow Flood Study (October 2022) be placed on exhibition for public comment.

 

RECOMMENDATION

That:

1.     The information contained in the report on Cranebrook Catchment Overland Flow Flood Study be received.

2.     The draft for public exhibition of the Cranebrook Catchment Overland Flow Flood Study (October 2022) be endorsed for public exhibition for a period of 4 weeks commencing in March/April 2023.

3.     A further report to be presented to Council on the results of the public exhibition addressing any submissions received during the exhibition period.

 

 

 

 

ATTACHMENTS/APPENDICES

1.

Study Area - Cranebrook Catchment Overland Flow Flood Study

1 Page

Appendix

  


Ordinary Meeting                                                                                                           30 January 2023

Appendix 1 - Study Area - Cranebrook Catchment Overland Flow Flood Study

 

Map

Description automatically generated


Ordinary Meeting                                                                                             30 January 2023

 

 

 

2

Acceptance of Grant Funding - Greening Our City Program   

 

Compiled by:               Karin Felten, Landscape Architecture Supervisor

Authorised by:            Tracy Chalk, Acting Design and Projects Manager

Brian Steffen, Director - City Services  

 

Outcome

We protect and enhance an ecologically sustainable environment

Strategy

Strengthen sustainability and climate resilience

Principal Activity

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

      

 

Executive Summary

Penrith City Council has been awarded $614,000 (excl GST) by the Department of Planning and Environment (DPE) under Round 4 of the Greening Our City 2022 program, for the ‘Be Cool To School – Cambridge Park’ project. As a result, 1,810 trees and 2,460 shrubs and groundcovers will be planted, which will contribute to the cooling of Cambridge Park, as well as many other benefits that trees provide. Council will make an in-kind financial contribution of $100,900 toward this project.

Background

DPE’s Greening Our City grant program supports local councils across Greater Sydney to enhance urban tree canopy and green cover in our local parks, streets and neighbourhoods. More trees mean more shade, cooler suburbs and attractive places to live and work for our communities.

Each tree planted contributes to DPE’s commitment to plant five million trees across Greater Sydney by 2030, and to achieving the Greater Sydney Region Plan’s 40% canopy cover target by 2036. The program objectives are to:

·    enhance Greater Sydney’s urban tree canopy and green cover, particularly in areas with low canopy cover, have higher exposure to urban heat island effect and are more vulnerable to the adverse impacts of urban heat

·    help prepare for climate extremes and mitigate the urban heat island effect through tree planting and other green cover initiatives to cool urban areas and provide shade

·    promote partnership projects between local and state governments, organisations, industry, the private sector and the community

·    support projects that demonstrate a commitment to canopy expansion, including improved outcomes for health, resilience and climate adaptation.

Current Situation

In the previous 3 rounds of the Greening Our City program, Council was awarded a total of $2,752,400 toward tree planting projects in the Penrith LGA. This funding has resulted in a total of 7,461 trees being planted in the LGA since 2019.

In this current Round 4, Council has been awarded $614,000 for the ‘Be Cool To School – Cambridge Park’ project. Council will make an in-kind financial contribution of $100,900 toward this project. This combined funding will see 1,810 trees and 2,460 shrubs and groundcovers being planted, which will contribute to the cooling of Cambridge Park as well as many other benefits that trees provide.

The trees planted as a part of this project will be especially grown and sourced by Council’s own nursery. They will be planted with products that are both innovative and sustainable such as Council’s own FOGO-derived compost and products that will ensure the efficient use of water, such as water crystals in the soil and water wells around the base of the tree.

Some tree plantings will be undertaken as community planting days, including Mother’s Day 2023. The project will engage with the local schools and community to educate about cooling and canopy benefits and Council may partner with the school to add canopy value to its frontage.

The tree planting locations in Cambridge Park are:

·    Herbert Street, Harrow Road, Dorset Street, Newport Street, Breyley Road, Oxford Street, College Street, Barry Street, Tasman Street

·    Oxford Street shops

·    Harold Corr Oval, Lincoln Park, Allsopp and Paterson Ovals

Maintenance of the planted trees by contractors is funded by this program for a period of up to 12 months, concluding at project acquittal in March 2025. Thereafter, under the agreement with DPE, Council has committed a further 12 months of maintenance, ensuring continuity of establishment of the trees.

The project vision is to plant and establish canopy trees to ameliorate the heat impacts targeting footpath improvements recently completed in Cambridge Park under the Federal Government’s Stimulus Road Safety Program and extend these cool connections to nearby neighbourhood destinations such as parks, shops and other schools. The project will interface with a City Strategy project funded under the Greener Neighbourhoods and Metropolitan Greenspace Programs, that is developing tree canopy targets in the LGA.

Financial Implications

Council will make an in-kind financial contribution of up to $100,900 in the form of employee and nursery sundries costs. At completion of this period, a total estimate starting at $15,000 per annum will be included in Council asset maintenance budget in accordance with the Budget Management Policy guidelines. 

Risk Implications

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

Conclusion

This project seeks to deliver improved environmental outcomes in Cambridge Park. We seek Council’s endorsement to accept the grant funds of $614,000 (ex GST) from the Department of Planning and Environment.

RECOMMENDATION

That:

1.     The information contained in the report on Acceptance of Grant Funding - Greening Our City Program be received.

2.     Council accepts the $614,000 (ex GST) grant funding from the NSW Department of Planning and Environment to deliver the project.

3.     The General Manager (or their delegate) be authorised to sign all documentation as necessary.

4.     A letter of thanks be sent to the Minister for Planning.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


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

 

Item                                                                                                                                       Page

 

3        Request For Major Event Sponsorship - 2023 Redline Games Western Sydney          13

 

 

 



Ordinary Meeting                                                                                             30 January 2023

 

 

 

3

Request For Major Event Sponsorship - 2023 Redline Games Western Sydney    

 

Compiled by:               Shelley Lee, Activation and Event Development Officer

Beau Reid, Place and Activations Program Manager

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

Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are welcoming, healthy, happy, creative and connected

Strategy

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

Principal Activity

Conduct and support events that include all members of our community

       

 

Executive Summary

The purpose of this report is to present to Council an event sponsorship proposal received from Sports Marketing Australia Pty Ltd on behalf of Elite Energy Pty Ltd seeking sponsorship of the 2023 Redline Games Western Sydney.

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

Sports Marketing Australia Pty Ltd has submitted a proposal on behalf of Elite Energy Pty Ltd (the event organiser) for sponsorship from Council for the 2023 Redline Games Western Sydney to be held at the Sydney International Regatta Centre (SIRC) from 31 March to 2 April 2023. The 2023 Redline Games Western Sydney is a new multi-day event in its inaugural year.

Elite Energy Pty Ltd has sought a total sponsorship investment from Council of $12,500 (plus GST) in the form of sponsorship of $10,000 (plus GST) to Elite Energy Pty Ltd and a $2,500 (plus GST) placement fee to Sports Marketing Australia Pty Ltd. Council officers have estimated the event could deliver approximately $3,881,300 in local economic benefit.

This report recommends that Council provides sponsorship of $7,500 (plus GST) to Elite Energy Pty Ltd, and pays a $2,500 (plus GST) placement fee to Sports Marketing Australia Pty Ltd in support of the inaugural 2023 Redline Games Western Sydney, representing a total investment from Council of $10,000 (plus GST).

Background

Council was approached on 19 December 2023 by Sports Marketing Australia Pty Ltd (SMA) on behalf of Elite Energy Pty Ltd to consider sponsorship of the 2023 Redline Games Western Sydney to be held at the Sydney International Regatta Centre (SIRC) from 31 March to 2 April 2023.

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

Council endorsed the Think Penrith, Think Events – Penrith Events Strategy 2020-2024 on 22 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. There is currently $150,000 available in the 2022 - 23 budget. 

At the 28 November 2022 Ordinary Meeting of Council, Clr Bratusa requested a report back to Council following sponsorship of events that includes information on patronage and return on investment. A report is currently being prepared for the February meeting and will provide a summary of the outcomes of event sponsorship between July – December 2022. 

Current Situation

The sponsorship proposal received from Sports Marketing Australia Pty Ltd (SMA) on behalf of Elite Energy Pty Ltd for the 2023 Redline Games Western Sydney requests a total Council investment of $12,500 (plus GST). This is in the form of sponsorship of $10,000 (plus GST) to assist with operating and hire costs associated with running the event including an enhanced local and regional marketing campaign, and a service fee of $2,500 (plus GST) payable by the sponsor directly to SMA to negotiate sponsorship agreements on the event organiser’s behalf.


Further details on the event are provided below:


2023 Redline Games Western Sydney


The 2023 Redline Games Western Sydney is a multi-day event in its inaugural year, planned to be held at the Sydney International Regatta Centre (SIRC) from 31 March to 2 April 2023.

The event will showcase a range of sports including triathlon, running, open water swimming, cycling, functional cross-fit and speedskating. The event will also host the National Breakdancing Championship.

To attract spectators and further incentivise participants to interact with other experiences across the weekend, the event will include festival elements such as circus performers, DJs and bands, food trucks and a sports and fitness expo.

The organisers of the 2023 Redline Games Western Sydney are anticipating that they will attract in excess of 10,500 participants and spectators over 2 and a half days, consisting of:

•        4,000 participants (400 local, 2,800 intrastate, 800 interstate)

•        6,500 spectators (1300 local, 3,575 intrastate and 1,625 interstate)

Based on the projected event visitation, Council has estimated the economic benefit of the scheduled event to the local economy is approximately $3,881,300.

The organisers have indicated that should this inaugural event be successful in terms of attendance and participation rate, they would like to hold the event on an annual basis in Penrith.


Previous sponsorship to Elite Energy Pty Ltd

Elite Energy Pty Ltd has not previously sought sponsorship from Council.


Proposed Sponsorship Benefits

The sponsorship opportunities presented by Elite Energy Pty Ltd for the 2023 event would provide Council and the community of Penrith City with several benefits including:

·    Opportunity for a joint media release acknowledging Council as a major sponsor

·    Council recognised as a major sponsor of the event across all media, including digital and print collateral

·    Electronic Direct Mail and other digital content advertising Penrith as a destination provided to registered event attendees and on event website (content provided by Council)

·    Mayor (or delegate) welcome and/or presentation at the event

·    Signage in prominent locations at the event (provided by Council)


Assessment of sponsorship proposal

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

The event encourages community involvement and partnership, 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 event could deliver approximately $3,881,300 in local economic benefit.

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

Sponsorship of $10,000 (plus GST) is considered appropriate to support this inaugural event, covering operating and marketing campaign costs and infrastructure. This level of funding reflects the nature of the proposed sponsorship benefits to Council. 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.

Should Council endorse a sponsorship of the 2023 Redline Games Western Sydney, a placement fee of $2,500 (plus GST) becomes payable by Council to Sports Marketing Australia Pty Ltd due to Elite Energy Pty Ltd’s engagement of SMA as its agent to negotiate sponsorship with Council for this event.

It is recommended that sponsorship in the form of $7,500 (plus GST) to Elite Energy Pty Ltd be endorsed, with the addition of the placement fee of $2,500 (plus GST. This would represent an overall sponsorship investment by Council of $10,000 (plus GST) for this inaugural event. This level of funding reflects the nature of the proposed sponsorship benefits to Council, and the estimated economic benefits.

This is summarised in the table below:

 

Sponsorship Request

Recommended Sponsorship

$12,500

$10,000

$10,000 (plus GST) sponsorship to Elite Energy Pty Ltd

$2,500 (plus GST) placement fee to Sports Marketing Australia

$7,500 (plus GST) sponsorship to Elite Energy Pty Ltd

$2,500 (plus GST) placement fee to Sports Marketing Australia

 

Financial Implications

Major Events Sponsorship funds are available within Council’s 2022-23 Operational Plan. An amount of $10,000 (+ GST) will be funded from within the existing 2022-23 City Activation, Community and Place budget. 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 $140,000 (+ GST).

Risk Implications

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

Conclusion

A request for sponsorship has been received from Sports Marketing Australia on behalf of Elite Energy Pty Ltd to support the inaugural 2023 Redline Games Western Sydney to be held at the Sydney International Regatta Centre (SIRC) from 31 March to 2 April 2023.

The request seeks a total of $12,500 (plus GST), which consists of $10,000 (plus GST) to Elite Energy Pty Ltd and $2,500 to Sports Marketing Australia as a placement fee.

It is estimated that the return to the community of Penrith City from the event could be in the order of $3,881,300 in economic benefit.

Council officers have assessed the proposal against the Events Sponsorship Policy. A total  sponsorship value of $10,000 (plus GST) is considered appropriate as a contribution to 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.

It is recommended that Council support a total sponsorship of $10,000 (plus GST) in support of the 2023 Redline Games Western Sydney, consisting of $7,500 (plus GST) to Elite Energy Pty Ltd and $2,500 (plus GST) to Sports Marketing Australia Pty Ltd as a placement fee. 

Should Council resolve to endorse the sponsorship proposal, Council will enter into a sponsorship agreement with Elite Energy Pty Ltd 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 - 2023 Redline Games Western Sydney be received

2.     Council provide sponsorship of $10,000 (plus GST) in support of the 2023 Redline Games Western Sydney, consisting of $7,500 (plus GST) to Elite Energy Pty Ltd and $2,500 (plus GST) to Sports Marketing Australia Pty Ltd.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 3 - We plan and shape our growing City

 

Item                                                                                                                                       Page

 

4        Reporting on Determined Clause 4.6 Variations to Development Standards                 19

 

5        Submission on Explanation of Intended Effect - Amendments to State Environmental Planning Policy (Housing) 2021                                                                                       22

 

 

 

 



Ordinary Meeting                                                                                             30 January 2023

 

 

 

4

Reporting on Determined Clause 4.6 Variations to Development Standards       

 

Compiled by:               Gavin Cherry, Development Assessment Coordinator

Authorised by:            Peter Wood, Development Services Manager

Andrew Jackson, Director - Development and Regulatory Services  

 

Outcome

We plan and shape our growing City

Strategy

Undertake strategic planning that will ensure balanced growth and liveability

Principal Activity

Guide sustainable quality development outcomes for the community through expert advice, transparent, efficient assessment, policy input and continuous improvement

      

 

Executive Summary

The NSW Department of Planning and Environment’s (DPE) Planning Circular PS 20-002 requires reporting to an Ordinary Meeting of Council determined Development Applications involving clause 4.6 – Variations to a Development Standard.  The enclosed report includes details of development applications determined inclusive of a clause 4.6 variation from October to December being the second quarter of the 2022/2023 financial year.

There were a total of six (6) applications with variation requests in the last quarter. The four (4) applications approved with variations all related to minimum lot size provisions within Penrith Local Environmental Plan 2010. The additional two (2) applications refused had variations relating to minimum lot size and height of buildings. City Planning is provided with a copy of the variations register and reasons why variations were or were not supported to help inform future reviews of development standards under Penrith Local Environmental Plan 2010 (LEP).

 

Background

Clause 4.6 is a provision of the Principal Local Environmental Plan (Standard Instrument) included within Penrith LEP which provides for an applicant to propose a variation to a development standard as part of a development application.  This clause also allows for the relevant consent authority to consider that request and determine if the variation is appropriate and supportable having regard to specific considerations within the clause and where there is a better planning outcome.

Clause 4.6 requests to vary a development standard are determined under delegated authority where the variation is up to 10% or by the Penrith Local Planning Panel or Sydney Western City Planning Panel in accordance with State Environmental Planning Policy (Planning Systems) 2021 and the Local Planning Panels Direction from the then Minister for Planning and Public Spaces dated 30 June 2020.

The intent of the required quarterly reporting is to identify the development standards that are being varied, the frequency and the reasons. The process also provides transparency for the community. Identifying the development standards that are being varied then enables Council to consider the appropriateness of these standards in the context of future LEP reviews of the Penrith Local Environmental Plan (2010).

Clause 4.6 Variations for the Quarter

Details of development applications determined inclusive of a clause 4.6 variation request throughout the above period are separately enclosed for the information of Councillors. A total of 4 x applications with variations were approved with 2 x applications with a variation request refused. The Planning Circular does not require Council to report on applications refused which is why the refused item does not appear within the enclosure.

 

DA22/0523 was for a multi dwelling housing development of 6 x town houses at No. 76 Mamre Road, St Marys with a variation to the minimum lot size provision for multi dwelling housing. The variation sought was 14.7% reduction in the minimum development standard and was refused by the Penrith Local Planning Panel as the variation request was not well founded. The proposed development outcome also did not comply with numerous development controls and objectives within Penrith Development Control Plan 2014 relating to lot width, front setback, landscaping area, parking, building length and earthworks resulting in the proposal representing an overdevelopment of the site.

 

DA21/0607 was for a residential aged care facility with associated services, café and heath consulting and treatment rooms at 94 - 100 Explorers Way, St Clair. The proposal included a variation to the 8.5m maximum height of building development standard with a proposed building height of 9.84m being a 15.8% variation. The design arrangement, location of parking, extent and dimensions of landscaped area and boundary edge conditions were not supportable such that variation to the height of building development standard was not justified nor the clause objectives met. This resulted in non – support for the variation request and the development application was subsequently refused by the Sydney Western City Planning Panel. It is noted that the Panel initially deferred determination of the application to allow the applicant a final opportunity to amend the development to address the remaining identified design issues, however the applicant did not do this in the timeframe afforded resulting in the applications refusal.

 

The separate enclosure details the approved proposals, the nature and extent of the variation and reasons for support of that variation. The indication of determination authority within this register includes the Local Planning Panel (LPP).

 

Financial Implications

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

 

Risk Implications

There are no risk implications for Council subject to compliance with Planning Circular PS 20-002.

 

Strategic Planning Implications

Council’s City Planning Team are provided with a copy of the variations register and reasons why variations were or were not supported. This information will assist to inform a future review of development standards including minimum lot sizes, mapped building height and floor space ratio provisions across the Local Government Area.

Conclusion

 

Future Clause 4.6 determinations will continue be reported to Council on a quarterly basis capturing three months of information within each report in accordance with the Planning Circular.

 

RECOMMENDATION

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             30 January 2023

 

 

 

5

Submission on Explanation of Intended Effect - Amendments to State Environmental Planning Policy (Housing) 2021    

 

Compiled by:               Brooke Levingston, Senior Planner

Authorised by:            Natasha Williams, 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

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

      

 

Executive Summary

This report seeks Council’s endorsement on a submission to an Explanation of Intended Effect regarding changes to State Environmental Planning Policy (Housing) 2021 (SEPP Housing) and other changes to various Environmental Planning Instruments (EPIs).

The Explanation of Intended Effect was initially on exhibition from 22 November until 19 December 2022. A request was made to the DPE seeking an extension to the submission deadline to enable Council officers to achieve reporting timeframes for Councillor feedback. The DPE advised that the exhibition close date would be extended to 13 January 2023 and that a draft submission was required by this date. The DPE also indicated that a late submission may be accepted if received by 31 January 2023. Council officers prepared a draft submission which was submitted to the DPE on 13 January 2022.

The proposed amendments include provisions to support planning and delivery of housing for people with particular needs, including people on low to moderate incomes, seniors, and people with a disability.

A memorandum was provided to Councillors on 2 December 2022 informing them of the exhibition and outlining the key changes proposed.

A submission to the proposed amendments is provided at Appendix 1. Should Council endorse the submission, it will be submitted to the DPE as a matter of urgency to ensure it is received by 31 January 2023.

Given the nature of the proposed amendments, these matters will also be referred to Council’s Access Committee, which does not reconvene until 8 February 2023.

This report recommends that Council endorse the submission on the Explanation of Intended Effect provided at Appendix 1 and submit it to the DPE for their consideration. This report also recommends that any comments received from Council’s Access Committee be forwarded to the DPE as an addendum to Council’s submission.

Background

The Housing SEPP commenced on 21 November 2021. Minor amendments were made on 18 March 2022, which were not subject to a public exhibition. Further unexhibited amendments were made on 1 July 2022 and 12 August 2022, which Councillors were notified of via memorandums provided on 26 July 2022 and 2 September 2022.

The DPE exhibited an Explanation of Intended Effect that outlines proposed amendments to the Housing SEPP and other changes to various EPIs. The proposed amendments include provisions to support planning and delivery of housing for people with particular needs, including people on low to moderate incomes, seniors, and people with a disability. The proposed amendments affect the following EPIs: 

-     State Environmental Planning Policy (Housing) 2021 

-     State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 

-     State Environmental Planning Policy (Planning Systems) 2021  

-     Standard Instrument Local Environmental Plan (LEP)

The Explanation of Intended Effect was initially on exhibition from 22 November until 19 December 2022.  A request was made to the DPE on 24 November 2022 seeking an extension to the submission deadline to enable Council officers to achieve reporting timeframes for Councillor feedback.

 

The DPE responded on 15 December 2022 advising that the exhibition close date would be extended to 13 January 2023 and that a draft submission was required by this date. The DPE also indicated that, where a draft submission is provided before the submission deadline, a late submission may be accepted if received by 31 January 2023.

Current Situation

Given the timeframe of the exhibition and the significant number of changes proposed, Council officers were unable to review the proposed amendments or achieve reporting timeframes for Councillor feedback. Accordingly, Council officers prepared a draft submission which was submitted to the Department on 13 January 2023.

 

Overall, the intent of the proposed amendments to support the planning and delivery of social and affordable housing is supported. However, some of the proposed amendments may have implications for Council and negatively impact the community through unintended outcomes. The proposed amendments also undermine Council’s current planning controls and authority to assess development in the local context and in consideration of our community.

 

The proposed amendments and details of the submission are outlined at Appendix 1.

 

Key issues are summarised below:

 

Floor space ratio (FSR) bonus for in-fill affordable housing

It is proposed to increase the existing FSR bonus to incentivise affordable housing. The following comments are raised:

-     Council does not support an incentives-based scheme that does not deliver housing that remains affordable in perpetuity, noting that the current Housing SEPP only requires it to remain affordable for 15 years. This approach does not help secure long-term housing for people on very low to moderate incomes.

-     Concern is raised regarding the increase in FSR bonus and the ability for the additional floor space to be satisfactorily accommodated under existing planning controls.

-     Further clarity is needed on how the FSR bonus interacts with local planning documents (e.g. an LEP) that apply floor space bonuses.

-     It is recommended that the DPE assist Councils in developing Affordable Rental Housing Contributions Schemes, rather than increasing the FSR bonus for affordable housing.

 

 

Guideline for Developing an Affordable-Housing Contribution

Changes to the Guideline are proposed to give Councils greater flexibility to capture affordable housing contributions from any uplift resulting from a development proposal. This proposal is broadly supported, noting that Council is currently progressing a draft Affordable Housing Contributions Scheme. However, it is requested that the DPE provide Councils the opportunity to review any future LEP clause before it is finalised.

 

Update to clause 4.6 of the Standard Instrument LEP

It is noted that the DPE is proposing to update Clause 4.6 of the Standard Instrument LEP to enable more flexibility for variation requests. This change was detailed in an Explanation of Intended Effect which was publicly exhibited from 31 March until 12 May 2021. A draft submission on the proposed changes was submitted to the DPE on 12 May 2021. The draft submission was endorsed by Council at its Ordinary meeting of 24 May 2021 and was subsequently forwarded to the DPE on 25 May 2021.

 

The exhibition material indicates that further guidance material will be released regarding changes to Clause 4.6, including for in-fill affordable housing where a non-compliance is proposed. The submission at Appendix 1 outlines Council’s previous endorsed concerns about the proposed update to Clause 4.6.

 

State Significant Development - pathways for affordable and social housing 

A new pathway is proposed for State Significant Development (SSD) for large residential developments:

-     With a Capital Investment Value of more than $100 million; and 

-     That includes a minimum 20% of gross floor area as either affordable housing or floor space delivered by a social housing provider.

 

The following matters are raised:

-     This change will undermine the authority of local Councils to oversee and assess large-scale residential proposals. This change would further remove local planning assessment power from Councils.

-     The proposed SSD pathway requires a social or affordable housing component, but this will only be conditioned for a minimum term of 15 years, which is not supported. Council’s preference is for affordable housing to be provided in perpetuity.

-     Consultation is required with the relevant local council as part of the SSD assessment. However, Council’s typically do not receive any payment, despite spending extensive time reviewing and providing feedback on the application. Where Council has a role in reviewing SSD’s, it is recommended that Councils receive a fee for this assessment.

 

Minimum lot size for dual occupancy lots undertaken as complying development

A minimum lot size of 400m2 is proposed for dual occupancy development undertaken by the Land and Housing Corporation (LAHC) or Aboriginal Housing Office (AHO). The following matters are raised:

-     This change will undermine Council’s established planning controls under Penrith LEP 2010 which require a minimum lot size ranging from 550m2 to 700m2, depending on the zone, lot typology and dwelling type.

-     This change would result in very small development sites which are unlikely to achieve good privacy and amenity outcomes.

-     The proposed minimum lot size control of 400m2 is less than the existing minimum lot size requirement for a secondary dwelling (450m2), noting that a secondary dwelling is typically much smaller than a dual occupancy.

-     Should the changes be introduced, it is recommended that these developments are managed by the LAHC or AHO in an ongoing capacity and only permitted on sites with good access to public transport and essential services.

 

Expansion of self-assessment powers of the LAHC and AHO

The proposed expansion of self-assessment powers of the LAHC and AHO is not supported. There are conflicts of independence between preparing development plans and self-assessment of them. Further provisions should be included that provide for an independent assessment of these substantial applications and adequate consideration of Council’s feedback in relation to these proposals.  

 

Threshold for SSD under SEPP (Planning System) 2021

It is proposed to replace the existing monetary threshold for SSD under SEPP (Planning System) 2021 with a new, lower threshold. This change is not supported as it would enable a wider range of residential developments to be undertaken as SSD, further eroding the capacity of council planners to inform quality outcomes.

 

Changes to group homes and hostels

It is proposed to replace the existing definitions for ‘group homes’ and ‘hostels’ with two new terms, being ‘high support accommodation’ and ‘supported living’. Council officers generally raise no objection to the new terms and support the provision of these accommodation types for our community. However, the following matters regarding ‘high support accommodation’ and ‘supported living’ are raised:

 

a.    High support accommodation (group homes)

-     Under the proposed changes, high support accommodation must be managed by a government agency, a registered community housing provider or a specialist homelessness service. It is recommended that this provision be extended to disability care services through the National Disability Insurance Scheme.

-     Whilst group homes provide important accommodation for our community, a detailed assessment is considered more appropriate in low density locations (in Council’s case in an R2 zone). Therefore, the ‘complying development’ pathway’ for high support accommodation in R2 zones is not appropriate. This is also consistent with Council’s endorsed submission on 1 October 2020 in relation to the Explanation of Intended Effect regarding the Housing Diversity SEPP.

-     Similarly, the ‘without development consent’ pathway is not supported for high support accommodation in any zone due to need to undertake a detailed assessment of the potential impacts associated with this development.

-     Additional controls should be introduced to guide the size of bedrooms and supporting amenities to ensure development is appropriate for vulnerable people and people with high needs.

-     A maximum occupancy limit should be introduced.

-     A minimum ratio for residents to on-site staff should be introduced.

-     Controls should be introduced to prevent clustering of high-support accommodation to support better integration for residents into community life.

 

b.    Supported living (hostels)

-     The ‘complying development’ pathway is not supported for supported living in R2 zones, as a more detailed assessment is warranted in low density locations.

-     Replacement of the existing DA pathway for hostels for seniors and people with a disability with the complying development pathway is not supported.

-     The proposed minimum lot size requirement of 450m2 (reduced from 1000m2) is not supported due to concerns it would result in very small development sites which are unlikely to achieve good privacy and amenity outcomes.

-     Removal of the 10-bedroom cap for complying development is not supported.

-     A maximum occupancy limit should be introduced.

-     A minimum ratio for residents to on-site staff should be introduced.

-     Controls should be introduced to prevent clustering of supported living.

 

Temporary supportive accommodation (TSA)

It is proposed to introduce two planning pathways for TSA: ‘without development consent’ and ‘complying development’. The following matters are raised:

-     It is unclear how long TSA can be used for if delivered under the exempt development pathway.

-     It is currently unclear if specified development standards will be applied for TSA. Development standards for TSA must be clearly established in state planning policy, as per other exempt and complying development.

-     It is recommended that these developments only be permitted on sites with good access to public transport and essential services.

-     Ongoing building maintenance and repairs should be included as a consideration in the plan of management.

 

Temporary residential accommodation

It is proposed to amend Clause 2.8 of the Standard Instrument LEP to allow temporary residential accommodation on vacant land for a maximum period of 5 years. This change would only apply to public land that is classified by council as ‘operational land’. The following matters are raised:

-     Further information about ongoing operation and management of temporary residential accommodation is required.

-     The economic cost of preparation and handover of any land transaction needs to be considered.

-     The proposed change may encourage unsolicited proposals for temporary use of operational land and place pressure on Council to oversee approvals and manage the ongoing operations of temporary accommodation.

-     Additional provisions are needed regarding minimum standards of structures, building design and amenity utilisation.

-     Clarity is needed on how a building or vacant lot should be restored following departure.

-     It is requested that the DPE consider provisions that limit or prevent the resources for an extension following the 5 years.

-     The intended future purposes of the land needs to be understood and considered.

 

Update accessibility and useability standards for independent living units

The proposed changes are supported. Accessibility and useability are extremely important for independent seniors living to maintain quality of life. Notwithstanding, it is recommended that both visible and invisible disability are addressed to support people with particular needs, such as dementia.

 

Given the nature of this change, this matter will also be referred to Council’s Access Committee for advice.

 

Changes to Seniors Housing Design Guide

No objection is raised to updating the Seniors Housing Design Guide. However, given the nature of this change, this matter will also be referred to Council’s Access Committee for advice.

 

Expansion of FSR bonus for boarding houses

A floor space ratio bonus of 25% currently applies to boarding houses delivered on land where residential flat buildings are permitted. It is proposed to extend this bonus to boarding houses delivered on land on which shop-top housing is permitted.

 

The following matters are raised:

-     It is unclear if this change would affect the permissibility of boarding house developments or if these provisions would only apply where a boarding house is already permitted under an EPI.

-     Controls should be introduced to prevent the clustering of boarding house development, noting that the proposed change will incentivise the uptake of boarding houses in additional zones.

 

It is noted that boarding houses must be used as affordable housing and managed by a registered Community Housing Provider in perpetuity (meaning these requirements will not ‘time out’ after a certain number of years).

 

Financial Implications

There are no direct financial implications associated with this report.

Potential administration and staff costs associated with referrals for SSD and temporary residential accommodation are addressed in the submission.

Risk Implications

If Council does not provide an endorsed submission to the Explanation of Intended Effect by the end of January 2023, there is a risk that Council’s concerns and comments will not be fully understood and considered. 

Next Steps

Should Council endorse the submission, it will be submitted to the DPE as a matter of urgency to ensure it is received before 31 January 2023, as per DPE’s advice.

Given the nature of the proposed changes, these matters will also be referred to Council’s Access Committee. We note that Council’s Access Committee does not reconvene until 8 February 2023. If the Access Committee provide additional comments on these matters, this feedback will be forwarded to the DPE as an addendum to the submission. The DPE has been advised of this proposed action. Any feedback from the Access Committee will also be provided to Council via a memorandum.

Conclusion

DPE recently exhibited an Explanation of Intended Effect regarding changes to the Housing SEPP and other changes to various EPIs. The proposed amendments include provisions to support planning and delivery of housing for people with particular needs, including people on low to moderate incomes, seniors, and people with a disability.

Given the timeframe of the exhibition and the significant number of changes proposed, Council officers were unable to review the proposed amendments or achieve reporting timeframes for Councillor feedback. Accordingly, Council officers prepared a draft submission which was submitted to the Department on 13 January 2023.

Overall, the intent of the proposed amendments to support the planning and delivery of social and affordable housing is supported. However, some of the proposed amendments may have implications for Council, as outlined in this report.

It is recommended that Council endorse the submission at Appendix 1, which will then be provided to the DPE for their consideration.

 

RECOMMENDATION

That:

1.     The information contained in the report on Submission on Explanation of Intended Effect - Amendments to State Environmental Planning Policy (Housing) 2021  be received

2.     Council endorse the submission on the Explanation of Intended Effect, provided at Appendix 1 to this report, and submit it to the DPE for their consideration.

3.     Any feedback from the Council’s Access Committee on the proposed amendments be forwarded to the DPE as an addendum to the submission.

 

 

ATTACHMENTS/APPENDICES

1.

Submission on Explanation of Intended Effect - Housing SEPP

10 Pages

Appendix

  


Ordinary Meeting                                                                                                           30 January 2023

Appendix 1 - Submission on Explanation of Intended Effect - Housing SEPP

 

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 Outcome 4 - We manage and improve our built environment

 

Item                                                                                                                                       Page

 

6        Completion of Playspaces Shade Project                                                                       41

 

7        Multi-Sport Community Facility Fund - Grant Acceptance                                              43

 

8        Acceptance of grant funding - Western Sydney Infrastructure Plan, Local Roads Package, Round 4                                                                                                                            49

 

9        Penrith Whitewater Stadium - Lease Agreement                                                            52

 

 

 

 

 

 



Ordinary Meeting                                                                                             30 January 2023

 

 

 

6

Completion of Playspaces Shade Project    

 

Compiled by:               Virginia Tuckerman, Community Facilities and Recreation Planning and Projects Coordinator

Tim Whiticker, Recreation and Community Facilitites Planner

Authorised by:            Andrew Robinson, Community Facilities and Recreation Manager

Brian Steffen, Director - City Services  

 

Outcome

We manage and improve our built environment

Strategy

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

Principal Activity

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

      

 

Executive Summary

In November 2019 Council adopted the Shade Facilities at Playspaces Policy and approved an allocation of $2,240,000 from the Financial Management Reserve for the provision of shade to a minimum of 83 playgrounds, to be installed over a three-year program 2020-2023. In addition, Council Officers secured $510,000 in funding from the Australian Government’s Local Roads and Community Infrastructure program to install additional shade structures in the City. A total of 98 playspaces will have received fixed and natural shade through the dedicated Shade Program.

Council Officers have completed the installation of shade structures and/or tree planting at 93 playspaces, with a further 5 playspaces to received fixed shade during the 2023 playspace renewal program. A media release was issued by Council on 20 December 2022.

Background

In response to a request from Councillor Mark Davies at Council’s Ordinary Meeting on 25 February 2019, Council Officers developed a draft Shade Facilities at Playspaces Policy and completed a shade assessment of all the City’s playspaces. The draft Shade Facilities at Playspaces Policy was developed to align with the NSW Government’s Everyone Can Play design objectives and to ensure that Council had sufficient design documentation and guidelines for future development in the City. 

Following an initial assessment of the 153 playgrounds in the City at that time, it was identified that a minimum of 83 playspaces required new or additional shade provision either artificial (e.g shade sails) or natural (e.g. tree canopy).

At Council’s Ordinary Meeting, on 19 November 2019 Councillors endorsed the draft Shade Facilities at Playspaces Policy as the adopted Shade Facilities at Playspaces Policy, and approved an allocation of $2,240,000 for the provision of shade to 83 playgrounds, to be installed over a three-year program 2020-2023, be allocated from the Financial Management Reserve.

In 2020, Council Officers secured $510,000 in funding from the Australian Government’s Local Roads and Community Infrastructure program to install additional fixed shade structures across the City.

As of December 2022, Council Officers have completed the installation of shade structures and/or tree planting at 93 playspaces as part of the dedicated Shade Program project. A further 5 playspaces will receive fixed shade during the 2023 playspace renewal program.

Additional playspaces were included in the Shade Program, receiving both natural and fixed shade within budget. This was achieved due to additional grant funding, a favourable tender process, the review of improved shade mapping by the preferred contractor, the replacement of ageing shade structures at existing playgrounds and required design amendments to newly upgraded playspaces in the City.

Natural shade from trees is essential for supporting artificial shade structures as they add to the continuity of shade, particularly in the early mornings and late afternoons during days with high UV radiation. Trees also provide shade to those hard-to-reach areas in a play space where the artificial shade has limited coverage. As well as providing the benefits of biodiversity, natural shade from trees is also essential in reducing the radiant heat of adjacent hard surfaces & play equipment, providing essential cooling to the playgrounds for children who are more vulnerable than adults to heat stress.

Current Situation

As of December 2022, Council Officers have completed the installation of shade structures and/or tree planting at 93 playspaces. A further 5 playspaces will receive shade upgrades during the 2023 playspace renewal program. A total of 621 trees have been planted as part of the Shade program. The trees received 12 months maintenance establishment by the preferred Contractor and continued care of the trees has now been handed over to Council’s City Presentation team.

The Shade Facilities at Playspaces Policy has also instrumental in the design of other major projects such as Regatta Park, Emu Plains and Gipps Street Recreation Precinct, Claremont Meadows that were not included as part of the Shade Program project. This policy is at the forefront of all future playspace developments in the City.

Financial Implications

 

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

Risk Implications

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

Conclusion

The shade program has contributed to realising the vision for play in the City outlined in Council’s Sport and Recreation Strategy, particularly in providing safe places to play, as well as ensuring the principles of the NSW Government’s ‘Everyone Can Play’ guidelines are implemented. It also contributes to Council’s Resilient Action Plan, particularly the action to ‘design and develop cool playgrounds and parks incorporating shade and cool materials.

 

RECOMMENDATION

That the information contained in the report on Completion of Playspaces Shade Project be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             30 January 2023

 

 

 

7

Multi-Sport Community Facility Fund - Grant Acceptance   

 

Compiled by:               Virginia Tuckerman, Community Facilities and Recreation Planning and Projects Coordinator

Matthew Hill, Recreation and Community Facilities Planner

Tim Whiticker, Recreation and Community Facilitites Planner

Authorised by:            Brian Steffen, Director - City Services

Andrew Robinson, Community Facilities and Recreation Manager  

 

Outcome

We manage and improve our built environment

Strategy

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

Principal Activity

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

      

 

Executive Summary

This report advises Councillors that correspondence received on 25 November 2022 from The Hon. Alister Henskens SC MP, Minister for Enterprise, Investment and Trade, Science, Innovation and Technology, Sport, Skills and Training, confirmed that $2.143 million has been awarded to Council from the NSW Office of Sport’s Multi-Sport Community Facility Fund (MSCFF) grant program (Round Two) towards the Monfarville Reserve Amenity Building and Sports Precinct Redevelopment.

The grant funding that has been awarded is for the full amount requested to enable delivery of a project which will include:

·    an amenity building

·    floodlighting

·    a cricket practice facility

·    new baseball dug out shelters

·    toilets

·    pathway connections

·    accessible spectator seating

·    car parking spaces

·    landscaping and tree planting.

 

A site masterplan outlining the scope of works and concept images has been included in Attachment 1 to this report.

Council has previously received successful funding of $6.425m at Gipps Street Recreation Precinct, Claremont Meadows and The Kingsway North, Werrington through the MSCFF grant program (Round One).

The report recommends that the information be received, Council endorse acceptance of the grant award for the Monfarville Reserve Upgrade ($2.143m) and that the funding agreement be signed, and a letter of appreciation be provided to both the NSW Government and Local Members.

Background

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

The NSW Government has allocated $100 million in 2022/2023 (Round 2). The minimum grant request is $1 million and the maximum grant is $5 million. Applicants are required to provide a 50 percent financial co-contribution of the total grant request amount. Commencement of construction is required in 2023 and must be completed by 31 December 2025.  

Council has previously received successful funding of $6.425m at Gipps Street Recreation Precinct, Claremont Meadows and The Kingsway North, Werrington through round one of the Multi-Sport Program, and $9.45m for 8 projects under similar preceding grant schemes: Greater Sydney Sports Facility Fund & Greater Cities Sports Facility Fund. These projects include:

·    Jamison Park Synthetic Sports Facility, Penrith

·    Mulgoa Rise Sports Amenity Extension, Glenmore Park

·    Mark Leece Amenity Replacement, St Clair

·    Ched Towns Reserve Amenity Upgrade, Glenmore Park

·    Doug Rennie Amenity Upgrade, Kingswood

·    The Kingsway Irrigation and Turf Upgrade, Werrington

·    Surveyors Creek Softball Facility Upgrade, Glenmore Park

·    Gipps Street Amenity Upgrade, Claremont Meadows. 

Current Situation

Council Officers submitted a successful grant application to the NSW Government’s Multi-Sport Community Facilities Fund grant program seeking a sum of $2.143m, with Council committing $1.071m as contributing funding for Monfarville Reserve Sports Facility Upgrade. Council’s budget for this project is included in the current five-year Sport and Recreation Strategy program. The full amount of the grant requested was awarded and will enable the following scope of work to be delivered: 

-     A new amenity building that includes change rooms, accessible toilet, canteen, equipment storage, and officials’ changeroom

-     New competition standard floodlighting to diamond two 

-     New three lane cricket practice facility

-     Upgraded player areas with new dug out shelters and accessible spectator seating

-     New toilet amenity building located for all user groups and visitors to the reserve

-     Accessible pathway connections to car parking, seating and new amenities building

-     Two new accessible car spaces, driveway resurfacing, landscaping and tree planting.

 

Financial Implications

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

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

The estimated annual operational and maintenance cost for the Monfarville Reserve Amenity and Sports Precinct project is $81,712. The future asset replacement cost is estimated at $6,071,166 based on an 18-year useful life value and an estimated LGCI of 3.5%.

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

Risk Implications

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

Conclusion

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

 

RECOMMENDATION

That:

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

2.     Council endorse acceptance of the grant award for Monfarville Reserve ($2.143m).

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

4.     A letter of appreciation be issued to both the NSW Government and Local Members.

 

 

ATTACHMENTS/APPENDICES

1.

Monfarville Reserve Masterplan and Site Context

3 Pages

Appendix

  


Ordinary Meeting                                                                                                           30 January 2023

Appendix 1 - Monfarville Reserve Masterplan and Site Context

 

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Ordinary Meeting                                                                                             30 January 2023

 

 

 

8

Acceptance of grant funding - Western Sydney Infrastructure Plan, Local Roads Package, Round 4   

 

Compiled by:               Wasique Mohyuddin, Delivery Program Manager

Authorised by:            Brian Steffen, Director - City Services

Tracy Chalk, Acting Design and Projects Manager  

 

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

On 20 December 2022 the Australian Government, via the Department of Infrastructure, Transport, Regional Development, Communications and the Arts announced that funding has been allocated to Council as part of the fourth round of the $200 million Local Roads Package, within the Western Sydney Infrastructure Plan (WSIP).

The report recommends Council accept the $13,401,147 (P90 estimate) in funds for the four projects proposed which are the construction of Coreen Avenue, Penrith corridor improvements.

Background

In April 2014, the Federal and State Governments released the Western Sydney Infrastructure Plan (WSIP). As part of the WSIP, both Governments agreed to a partnership to deliver a $200 million Local Roads Package which would be shared between seven local government areas in Western Sydney over ten years.

In October 2019, the Federal Government granted $711,253 in funding for investigation and design study of the Coreen Avenue intersections and detailed design works have been completed.

Round 4 applications were opened late 2021 and Council proposed one additional project for consideration. Jamison Road intersection was also part of the application however funding for the Jamison Road intersection has not been approved.

Scope of Projects

Four projects are scheduled to be delivered over a seventeen-month period from February 2023 to June 2024, which are detailed below.

Once completed, the project will improve safety for motorists, cyclists and pedestrians by improving the road geometry. The new road corridor will also improve traffic flow by reducing congestion. The upgrade to Coreen Avenue will provide better accessibility for all road user groups by providing reasonable efficiency and acceptable levels of service.

Proposed upgrade will provide a value for money solution that will minimise the whole of life cost. The design for the upgrades has been developed in conjunction with Design and Projects Civil Designer, Council’s Traffic Engineers and representatives from Transport for NSW.

The following four intersections are proposed for upgrade:

·    Intersection Upgrade at Coreen Avenue and Lemongrove Road, Penrith:

 

-     Adjustment to the existing signalised intersection

-     Additional lane for east and westbound traffic for peak hour clearways

 

·    Roundabout Upgrade at Coreen Avenue and Bel-Air Road, Penrith:

 

-     Provision of additional lanes for east and westbound traffic

-     Provision of additional lane at the roundabout

 

·    Intersection Upgrade at Coreen Avenue and Coombes Drive, Penrith:

 

-     Signalisation of the Coreen Avenue and Coombes Drive (west) intersection and removal of the existing roundabout at Coreen Avenue and Combewood Avenue

-     Changes to the Coreen Avenue and Coombes Drive (east) intersection to left-in to Coombes Drive

-     Provision of a roundabout at the intersection of Coombes Drive and Hickeys Lane for the turning of B-Double vehicles

 

·    Intersection Upgrade at Coreen Avenue and Sydney Smith Drive, Penrith:

 

-     Removal of existing roundabout

-     Footpath/shared path adjustments

-     New pavement and pavement widening

-     Adjustments to existing traffic medians

-     New kerb & gutter

-     Traffic control signals

-     Stormwater drainage system

-     Relocation of power poles and associated adjustments

-     Street lighting, signage and line-marking adjustments

Funding Agreement

The funding has been allocated up to the level of P90 funding limit ($13,401,147 ex GST). All project costs above the P90 estimate must be borne by Council.

P90 is the Transport of New South Wales (TfNSW) term which refers to the probability of risk on the project. P90 is the 90% worst case scenario, so 90% of all projects can be reasonably anticipated to be delivered within that total cost. P90 cost estimates were prepared by experienced Quantity Surveyors based on detailed concept plans, survey and site investigations so the level of risk should reasonably be expected to be within the 90% limit.

Financial Implications

The proposal aims to upgrade Council owned local infrastructure at Coreen Avenue, Penrith where a funding gap for road renewals have previously been identified. This external fund will cover the funding gap and eliminate the risk of early asset maintenance intervention from Council’s General Revenue.

The funding allocation has been approved up to the level of P90 funding limit ($13,401,147) which is the total maximum budget approved for Council. Should the project go over this limit, a reprioritisation of Council civil operations programme funds will be undertaken to meet the shortfall.

Additional asset maintenance budget will be allocated at the completion of the project from General Revenue. Total allocation will be approximately $188,000 in accordance with the Budget Management Policy guidelines.

Risk Implications

The key risk associated with acceptance of this funding relates to the larger portion of funding on the construction project. That potential value over and above P90 is effectively unlimited. Project management principles will be used to mitigate risks associated with construction procurement and management.

 

Conclusion

The report recommends Council accept the $13,401,147 (P90 estimate) in funds offered by Department of Infrastructure, Transport, Regional Development, Communications and the Arts for the four projects proposed which are the construction of Coreen Avenue, Penrith corridor improvements.

RECOMMENDATION

That:

1.     The information contained in the report on Acceptance of grant funding - Western Sydney Infrastructure Plan, Local Roads Package, Round 4 be received

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

3.     Council write to the Minister for Infrastructure, Transport, Regional Development, Communications and the Arts, and Local Members expressing appreciation for their support and funding.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                             30 January 2023

 

 

 

9

Penrith Whitewater Stadium - Lease Agreement  

 

 

Compiled by:               Marie Maher, Executive Assistant

Matthew Bullivant, Acting Property Development Manager

Authorised by:            Brian Steffen, Director - City Services

Stephen Britten, Chief Governance Officer  

 

Outcome

We manage and improve our built environment

Strategy

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

Principal Activity

Manage and facilitate the use of community, sport, recreation and open space facilities

 

Previous Items:           Review of Penrith Whitewater Stadium Ownership and Management Options- Councillor Briefing- 18 May 2020      

 

Executive Summary

It is sought to execute a lease between Penrith City Council and the NSW Government for the Penrith Whitewater Stadium site.

Background

The Penrith Whitewater Stadium (PWS) was constructed to host Whitewater rafting for the Sydney 2000 Olympics. Since that time, Penrith Whitewater Stadium Ltd, a controlled entity of Penrith City Council, has been successfully operating the stadium under an unexecuted lease of the land from the NSW Government. This lease expired on 31 December 2021.

The property subject to the unexecuted lease is known as 20/1092147 Penrith Whitewater Stadium.

Whilst the lease has remained unsigned, during the period the Office of Strategic Lands sought to finalise and execute the lease. Council officers advised that the lease terms were approved in principle, however the Office of Strategic Lands had not responded until 2022 and requested the lease be executed urgently.

Since January 2019, the NSW Office of Sport is still considering accepting transfer of ownership of PWS and is currently undergoing a review of the management and operations of the stadium and is awaiting Ministerial and Treasury approval.

In April 2020, Council had also engaged consultants KPMG to review PWS operations and risks to Council. This information was provided at a Councillor Briefing on 18 May 2020.

Current Situation

The Office of Strategic Lands require a lease to be finalised as a requirement of the Auditor General’s Office.

A lease has been drafted for the period until 30 June 2023. It is noted that the Lessee is responsible for all outgoings. The commercial terms of the lease being:

 

 

Term

Meaning of term

Lessor       

 

Minister Administering the Environmental Planning and Assessment Act 1979 ABN 36 691 806 169

Office of Strategic Lands, Department of Planning and Environment, 4 Parramatta Square, 12 Darcy Street, Parramatta NSW 2150 and its successors and assigns.

Lessee

Penrith City Council ABN 43 794 422 563

601 High Street, Penrith NSW 2750 and its successors and permitted assigns.

Premises   

 

The land comprised in Lot 20 in Deposited Plan 1092147 and all other structures, buildings, landscaped areas, car park and other improvements, fixtures and fittings, plant and equipment erected or affixed thereon including for the avoidance of doubt the PWS or any or more of them as the context requires.

Term

1 year from 1 July 2022 (Commencing Date) to 30 June 2023 (Terminating Date).

Rent

$1.00 per annum.

Council to pay any outgoings.

 

Permitted Uses

(a)     To operate the PWS on a commercial basis primarily as a canoe slalom course;

(b)     for ancillary uses to that primary use in paragraph (a) of this definition which have been approved by the Lessor (which must not be unreasonably withheld) or which are in accordance with the Plan of Management; 

(c)     to use the Premises as a public recreation area; and

(d)     to use the Premises for commercial television and filming.

The property subject to the unexecuted lease is known as 20/1092147 Penrith Whitewater Stadium and is depicted in the aerial photograph directly below:

 

Legal Services Manager’s Comment

The terms of a lease agreement with the NSW Government were largely agreed to from the date of the commencement of operations of the Whitewater Stadium (since the 2000 Olympics).

Although there were some terms in the lease that were not completely resolved, the parties have been performing the substantive terms of the lease since the year 2000. Despite the lease not yet having been executed neither party would be able to argue that the substantive terms are not enforceable.

The limited outstanding terms of the lease that required the parties to resolve related to water quality, stakeholder engagement relating to the Whitewater Stadium and Sydney International Regatta Centre precinct and ensuring Council secured the use of a warm-up lake in a separate agreement between the Office of Sport and Penrith Whitewater Stadium Ltd - who is the tenant of the Sydney International Regatta Centre (Note: the warm up lake is not located on the land that is subject to the Penrith Whitewater Stadium lease and therefore a separate licence is required).

The parties have agreed upon the outstanding terms of the lease, and the Office of Sport has agreed to codify the use of the warm-up lake by Penrith Whitewater Stadium Ltd into a licence. That agreement will codify what already occurs in practice.

It is recommended that a license (with the Office of Sport) over the warm-up lake be secured before or simultaneously to the execution of the Lease over the Whitewater Stadium with the Department of Planning (acting on behalf of the Minister).

Financial Implications

Under the agreement, leasing costs are set at $1 per annum.  Council to pay any outgoings.

 

Risk Implications

As per the Legal Services Manager’s comments above, despite the lease not yet having been executed neither party would be able to argue that the substantive terms are not enforceable. The execution of the lease is formalising the practices that have been in place over the past 20 years, and so is considered low risk to Council.

Conclusion

It is sought to execute a lease between Penrith City Council and the NSW Government for the Penrith Whitewater Stadium site.

 

RECOMMENDATION

That:

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

2.     The lease be executed in accordance with the information provided in this report.

3.     The Common Seal of the Council of the City of Penrith be affixed to all necessary documents.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

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Outcome 5 - We have open and collaborative leadership

 

Item                                                                                                                                       Page

 

10      Local Government Remuneration Tribunal - Annual Determination 2023                      59

 

11      Summary of Investment & Banking for the period 1 December 2022 to 31 December 2022                                                                                                                                           66

 

 

 

 



Ordinary Meeting                                                                                             30 January 2023

 

 

 

10

Local Government Remuneration Tribunal - Annual Determination 2023   

 

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

The Local Government Remuneration Tribunal has commenced its review for the 2023 annual determination and has invited councils to make submissions with respect to categorisation structure, fees, and other matters. In accordance with s241 of the Local Government Act 1993, the Tribunal is required to make an annual determination on the minimum and maximum fees payable to Councillors and Mayors for each category by no later than 1 May 2023 to take effect from 1 July 2023.

Councils are required to endorse the submissions before submitting them to the Tribunal.

Background

In accordance with s241 of the Local Government Act 1993, the Tribunal is required to make an annual determination on the minimum and maximum fees payable to Councillors and Mayors for each category by no later than 1 May of each year to take effect from 1 July of the same year.

In determining fees for Councillors and Mayors, the Tribunal is required to give effect to the same policies on increases in remuneration as those of the Industrial Relations Commission (s242A(1) of the Act). The Tribunal has advised that it is required to apply the Government’s public sector wages policy to the determination of ranges of fees for Councillors and Mayors

With regard to the fees payable to Mayors and Councillors, after taking into consideration the Government’s policies on wages, last year the Tribunal determined that the minimum and maximum fees applicable to each category will be increased by 2.0% for 2022-23, which is 0.5% less than the maximum allowable increase.

Furthermore, as part of the review last year, the Tribunal considered requests submitted by several councils to review categorisation of those individual councils. However, Council’s submission to create and allocate a new category named ‘Metropolitan Large – Growth Centre’ was not supported. The Tribunal determined that the current categories and allocations of councils to these categories remained appropriate. As a result, Council currently remains a ‘Metropolitan Large’.

This year, the Tribunal noted that an extensive review of the current category model will be conducted as part of its review.

 

Local Government Remuneration Tribunal – Annual Review for 2023

The Local Government Remuneration Tribunal has commenced its review for the 2023 annual determination and has invited councils to make submissions with respect to categorisation structure, fees and other matters.

Councils are required to endorse the submissions before submitting them to the Tribunal.

Council’s Submission

Council officers prepared a submission to the Remuneration Tribunal in relation to the setting of fees and the categorisation of Penrith City Council. Council’s submission reiterates our position that a new category called Metropolitan Large – Growth Centre should be created, due to Council’s exponential population growth, involvement in significant city-shaping projects and other initiatives in the Penrith Local Government Area.

In 2020, there was no increase in the minimum and maximum fees applicable to each category having regard to social and economic circumstances which resulted due to the COVID-19 pandemic. In 2021 and 2022 the Tribunal determined to increase the minimum and maximum fees applicable to each category by 2.0%, which is 0.5% less than the maximum allowable increase. The Tribunal has taken into consideration the Government’s policies on wages and various other matters including the COVID-19 Pandemic.

In this year’s submission, it is recommended that Council support the full allowable increase of 2.5 per cent (%) being passed on when determining the fees for Mayors and Councillors. Also, as in previous years, Council put forward the notion that Mayors and Councillors should be remunerated as a percentage of an MP’s remuneration.

Mayor, Deputy Mayor and Councillor Fees for 2023-2024

The Tribunal does not set a fee for a Deputy Mayor, despite our previous submissions to do so.  However, it has been the Council’s practice to remunerate the Deputy Mayor by allocating 20% of the Mayor’s fee to the Deputy Mayor, in addition to the fee paid to the Deputy Mayor as a Councillor.

Following the determination by the Tribunal, Council will determine the fees payable to the Mayor, Deputy Mayor and Councillors in accordance with the Council’s policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors (Section 252 Policy).

Financial Implications

It has been the Council’s practice to remunerate Councillors at the maximum fee level available within the Category applicable. In the development of Councils 2023-24 and Operational Plan a provision for Councillor fees increases will be made on this basis.

Risk Implications

There are no risk implications specifically associated with the action proposed within this report.

Conclusion

It is recommended that Council endorse the submission prepared by staff to be submitted to the Tribunal.

 

RECOMMENDATION

That:

1.     The information contained in the report on Local Government Remuneration Tribunal - Annual Determination 2023 be received

2.     Council endorse the attached ‘Penrith City Council Submission to the Local Government Remuneration Tribunal – 2023’.

 

 

ATTACHMENTS/APPENDICES

1.

2023 Local Government Remuneration Tribunal Review submission - Penrith City Council

4 Pages

Appendix

  


Ordinary Meeting                                                                                                           30 January 2023

Appendix 1 - 2023 Local Government Remuneration Tribunal Review submission - Penrith City Council

 

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Ordinary Meeting                                                                                             30 January 2023

 

 

 

11

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

 

Compiled by:               James Legarse, Operational Project Accountant

Authorised by:            Neil Farquharson, Acting Director - Corporate Services  

 

Outcome

We have open and collaborative leadership

Strategy

Deliver an efficient, transparent and accountable service to the community

Principal Activity

Support financial sustainability through financial planning and budget management and provide accurate reporting to the community

      

 

Executive Summary

This report on the Summary of Investments & Banking for December 2022 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (the Act) (Section 625) and the Council’s Investment Policy.

 

The report certifies that the Council investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under Council Circular 11-01 on 17 February 2011.

 

The report provides a summary of investments for the period 1 December 2022 to 31 December 2022 and a reconciliation of invested funds as at 31 December 2022.

 

The investment returns versus the benchmark as a percentage for December 2022 are:

•        Council portfolio current yield (including FRNs)                                     3.17%

•        90-day Bank Bill Swap rate (Benchmark)                                                         3.16%

•        Enhanced 90-day Bank Bill Swap Rate (Benchmark - BBSW+20bps)            3.36%

•        Original Budget estimated return (2022/23 Financial Year)                             1.85%

 

The report recommends that the information contained in the report be received.

Current Situation

Attached to this report is a Summary of Investments including Economic Commentary for December 2022, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for December 2022 and various Investment Summary and Investment Portfolio analysis tables and charts.

The Reserve Bank of Australia at its 7 December 2022 meeting, for eight months in a row, increased the cash rate to 3.10% - 25 basis points over the 2.85% of the former cash rate. This is attributed to the continued increase in the inflation rate which has caused a substantial disparity between the two results – i.e., cash rate and inflation rate. As the cash rate increased so did the investments interest rates being invested.

The BBSW monthly return benchmark has been marginally surpassed in the December 2022, showing the impact of the continued improvements in interest rates being invested – but the Enhanced BBSW benchmark is yet to be attained. The Council remains proactive in securing the best interest rates on offer at the time the funds are invested. In the current environment, surpassing of the investment portfolio’s monthly rate of return over the benchmarks (BBSW monthly return and Enhanced BBSW benchmark) is expected in the coming months.

Financial Implications

Adopting the recommendations of this report confirms Council’s investment returns are  favourably exceeding the Original Budget estimated return however are performing slightly lower than the Benchmark. More detailed Financial Implications are contained in the attachment to this report.

Risk Implications

The Council’s investments have been placed in accordance with Section 625 of the Local Government Act 1993, relevant regulations, and the Council’s adopted Investment Policy. The Council’s Investment Policy has objectives to preserve capital, ensure liquidity of funds to meet cash flow requirements and achieve an acceptable rate of return having reference to the Council’s risk tolerance.

Conclusion

This report confirms that the Council’s investments have been placed in accordance with relevant legislation/regulations, the Council’s Investment Policy and highlights the Council’s investment performance for December 2022. Additionally, the report assures the Council that Council’s Cash Book and Bank Statements have been reconciled.

Certificate of Responsible Accounting Officer

I hereby certify the following:

1.  All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations, and Council’s Investment Policy.

2.  The Council’s Cash Book and Bank Statements have been reconciled as at 31 December 2022.

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RECOMMENDATION

That:

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

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

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

 

 

ATTACHMENTS/APPENDICES

1.

Investment Report as at 31 December 2022

6 Pages

Appendix

  


Ordinary Meeting                                                                                                           30 January 2023

Appendix 1 - Investment Report as at 31 December 2022

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday January 30 2023

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

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

 

 

 


Ordinary Meeting                                                                                             30 January 2023

 

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)          the discussion of any of the matters listed below; or

(b)          the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

(b)          the personal hardship of any resident or ratepayers;

(c)           information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)          commercial information of a confidential nature that would, if disclosed:

·         prejudice the commercial position of the person who supplied it; or

 

·         confer a commercial advantage on a competitor of the Council; or

 

·         reveal a trade secret.

 

(e)          information that would, if disclosed, prejudice the maintenance of the law;

(f)            matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)          the relevant provision of section 10A(2);

(b)          the matter that is to be discussed during the closed part of the meeting;

(c)           the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

 

·         a motion, based on the recommendation below, is moved and seconded

·         the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

·         if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

·         if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

Outcome 5

 

2        Road Lease Agreement - Unused Road Reserve adjacent Lot 10 DP 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 commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

 

 

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THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

ATTACHMENT       

 

 

 


Date of Meeting:     30 January 2023

 

Delivery Program:   Outcome 5

 

Service:                   Financial Services

 

Report Title:             2022-2023 Voted Works