Agenda of Ordinary Meeting - Monday, 20 March 2023

UNCONFIRMED MINUTES

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

COUNCIL CHAMBERS

ON MONDAY 27 FEBRUARY 2023 AT 6:58PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

WEBCASTING STATEMENT

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

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by The 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, Glenn Gardiner, Mark Rusev, Marlene Shipley and John Thain.

PRESENT – ATTENDED REMOTELY

Councillors Robin Cook, Karen McKeown OAM and Jonathan Pullen.

LEAVE OF ABSENCE

22 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Bernard Bratusa that Leave of Absence be granted to Councillor Jim Aitken OAM.

APOLOGIES

23 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Bernard Bratusa that the apology from Councillor Ross Fowler OAM be received.

CONFIRMATION OF MINUTES - Ordinary Meeting - 30 January 2023

24 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Sue Day that the minutes of the Ordinary Meeting of 30 January 2023 be confirmed.

DECLARATIONS OF INTEREST

Her Worship the Mayor, Councillor Tricia Hitchen declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 - Endorsement of the submissions on the draft GPEC Strategic Framework and Orchard Hills Discussion Paper, as she lives in the vicinity of the subject area outlined in the report. 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 issue.

Mayoral Minutes

1 WestInvest funding a big win for Penrith

25 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney that the Mayoral Minute on WestInvest funding a big win for Penrith be received.

2 Australia Day Honours and Awards 2023

26 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney that the Mayoral Minute on Australia Day Honours and Awards 2023 be received.

Reports of Committees

1 Report and Recommendations of the Local Traffic Committee Meeting held on 6 February 2023

27 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Karen McKeown OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 February, 2023 be adopted.

DELIVERY PROGRAM REPORTS

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

1 Appointment of a Director to the Board of Penrith Performing and Visual Arts Limited (PP&VA)

28 RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor Mark Rusev

That:

1. The information contained in the report on Appointment of a Director to the Board of Penrith Performing and Visual Arts Limited (PP&VA) be received.

2. Council endorse the appointment of Ms Amanda Rudolf as a Community Director to the Board of Penrith Performing and Visual Arts Limited for the period of January to October 2023.

3. Council write to Ms Jarman to acknowledge and thank her for her long standing support and service to the Penrith community and the creative and cultural sector in Western Sydney.

2 Event Sponsorship Outcomes July - December 2022

29 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Todd Carney that the information contained in the report on Event Sponsorship Outcomes July - December 2022 be received.

Outcome 3 - We plan and shape our growing City

3 DPE Funding Deed for St Marys Town Centre Master Plan

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

That:

1. The information contained in the report on DPE Funding Deed for St Marys Town Centre Master Plan be received

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

Her Worship the Mayor, Councillor Tricia Hitchen left the meeting, the time being 7:15pm.

Deputy Mayor, Councillor Todd Carney took the Chair, the time being 7:15pm.

4 Endorsement of the submissions on the draft GPEC Strategic Framework and Orchard Hills Discussion Paper

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

That:

1. The information contained in the report on Endorsement of the submissions on the draft GPEC Strategic Framework and Orchard Hills Discussion Paper be received.

2. Council endorse the submission to the Draft Greater Penrith to Eastern Creek (GPEC) Strategic Framework provided at Attachment 1 and forward a copy to the Department of Planning and Environment by 28 February 2023.

3. Council endorse the submission to the Orchard Hills Discussion Paper provided at Attachment 2 and forward a copy to the Department of Planning and Environment by 28 February 2023.

Her Worship the Mayor, Councillor Tricia Hitchen returned to the meeting and took the Chair, the time being 7:17pm.

5 Draft Voluntary Planning Agreement - Microsoft Datacenter Kemps Creek

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

That:

1. The information contained in the report on Draft Voluntary Planning Agreement - Microsoft Datacenter Kemps Creek be received.

2. Council endorse for notification, the draft Voluntary Planning Agreement for 769 Mamre Road Kemps Creek, provided as an attachment to this report.

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

4. Council endorse the Voluntary Planning Agreement for 769 Mamre Road Kemps Creek, for execution, where no submissions are received during the notification and no amendments are proposed.

5. 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.).

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

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

For	Against
Councillor Karen McKeown OAM	Councillor Bernard Bratusa
Councillor Robin Cook
Councillor John Thain
Councillor Kevin Crameri OAM
Councillor Sue Day
Councillor Jonathan Pullen
Councillor Marlene Shipley
Councillor Marlene Shipley
Councillor Glenn Gardiner
Councillor Mark Rusev
Councillor Mark Davies
Councillor Tricia Hitchen

6 Submission to the Draft Shelter-in-place Guidelines and the Explanation of Intended Effects for proposed Special Flood Consideration Clause

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

That:

1. The information contained in the report on Submission to the Draft Shelter-in-place Guidelines and the Explanation of Intended Effects for proposed Special Flood Consideration Clause be received.

2. Council endorse the submission provided at Attachment 1 to this report, and submit it to the DPE for their consideration.

7 Fire Safety Update

34 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies

That:

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

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

3. The Owner of the premises be Ordered to rectify the outstanding items should they not be rectified within the timeframe specified on the issued Notice of Intention to Serve an Order.

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

Outcome 4 - We manage and improve our built environment

8 WestInvest Fund Community Contested Round - Grant Acceptance

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

That:

1. The information contained in the report on WestInvest Fund Community Contested Round - Grant Acceptance be received

2. Council endorse acceptance of the grant awards for the following projects:

a. Indoor Multi-Sport Stadium ($106,730,000)

b. Cook Park Precinct Sport, Play, Grandstand & Mixed Recreation ($19,120,000)

c. City Park Urban Retreat ($8,230,000)

d. Playspace Network Upgrades (21 x Playspaces) ($7,560,000)

e. Nursery Upgrade and Cumberland Plain Improvement Project ($5,060,000)

f. Parker Street Reserve Sport and Recreation Precinct ($2,450,000)

g. Andromeda Oval Storage, Sports Surface & Carpark Improvements ($1,700,000)

h. Bennett Park Skate & Mixed Recreation Space ($1,500,000)

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

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

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

9 Acceptance of Grant Funding - Play and Sport Infrastructure

36 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Mark Rusev

That:

1. The information contained in the report on Acceptance of Grant Funding - Play and Sport Infrastructure be received

2. Council endorse both the $130,000 offered from the NSW Government and Australian Football League and signing funding agreements for projects at:

- NSW Government Community Building Partnership 2022 Round

o $50,000 - Monfarville Reserve, St Marys - Playspace

o $50,000 - Gilmour Street Reserve, Colyton - Playspace

- Australian Football Facilities Fund (AFFF)

o $30,000 - Grey Gums Oval, Cranebrook – Drainage improvement project

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

4. Letters of thanks be sent to the relevant Ministers, State Members, The NSW Government, the Australian Football League (AFL) and AFL NSW/ACT.

10 Naming a Cricket Oval at Boronia Park - Pat Yates Oval

37 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Mark Rusev

That:

1. The information contained in the report on Naming a Cricket Oval at Boronia Park - Pat Yates Oval be received.

2. Council endorse the naming of the cricket oval at Boronia Park, 11 Boronia Road, North St Marys - Lot 11 DP 566394 as Pat Yates Oval.

3. Following Council endorsement, a sign denoting the oval name be installed.

11 RFT22/23-10 Asbestos Consultancy Services

38 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Mark Rusev

That:

1. The information contained in the report on RFT22/23-10 Asbestos Consultancy Services be received

2. Two panels of experts are created for asbestos consulting services in line with the following:

Asbestos Hygiene Services - Panel One

1. Trinitas Group

2. Getex Pty Limited

3. Hibbs

Panel One to be a ranked panel (1-3).

Environmental Assessment and Land Contamination – Panel Two

o Getex Pty Limited

o JBS&G Australia Pty Ltd

o Trinitas Group

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

12 RFT 20/21-25 Landscape Construction for Regatta Park - Amended

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

That:

1. The information contained in the report on RFT 20/21-25 Landscape Construction for Regatta Park - Amended be received

2. The lump sum variation for the amount of $1,336,363 be instructed to Glascott Landscape & Civil Pty Ltd under existing contract - RFT 20/21-25 Regatta Park Landscape Construction and be funded from the Financial Management Reserve.

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

13 RFT 21/22-04 Doug Rennie Amenities Redevelopment - Amended

40 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Mark Rusev

That:

1. The information contained in the report on RFT 21/22-04 Doug Rennie Amenities Redevelopment - Amended, be received.

2. The lump sum variation price from Coverit Building Group Pty Ltd for the amount of $169,214.48 (excluding GST) be accepted under the existing contract RFT21/22-04 Doug Rennie Amenities Redevelopment.

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

Outcome 5 - We have open and collaborative leadership

14 Conduct of the 2024 Local Government Election

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

That:

1. The information contained in the report on Conduct of the 2024 Local Government Election be received.

2. Pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

3. Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

4. Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

5. Council write to the Office of Local Government and NSWEC advising of this decision

15 2023 Australian Local Government Association (ALGA) National General Assembly (NGA)

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

That:

1. The information contained in the report on 2023 Australian Local Government Association (ALGA) National General Assembly (NGA)

2. Council put forward the suggested motions by staff set out in the report to the National General Assembly.

3. Council nominate Her Worship the Mayor, Councillor Tricia Hitchen as its voting delegate for the 2023 National General Assembly of Local Government.

4. Council nominate any Councillors who wish to attend as observers at the 2023 National General Assembly of Local Government.

5. Leave of absence be granted to all Councillors attending the 2023 National General Assembly of Local Government to be held in Canberra from 13-16 June 2023.

6. Any further motions proposed by Council be prepared and submitted to Council’s Ordinary Meeting on 20 March 2023.

16 Organisational and Financial Review - December 2022

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

That:

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

2. The Organisational and Financial Review as at 31 December 2022, including the revised estimates outlined in this report and detailed in the Organisational Report - December 2022, be adopted.

3. Council revote the works as detailed in the Recommended Revoted Works Lists, detailed in the Organisational Report - December 2022 for inclusion in the 2023-24 Operational Plan.

17 RFT22/23- 009 Supply of Uniforms

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

That:

1. The information contained in the report on RFT22/23- 009 Supply of Uniforms be received.

2. The two (2) shortlisted tenderers BL Safety and Workwear Pty Ltd and AllMakes Pty Ltd t/a Brandworx Australia be awarded the contract subject to the execution of a formal agreement with Council for the Supply of Uniforms for a period of 3 years with 2 x 1 year extension options.

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

18 Audit, Risk and Improvement Committee

45 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Robin Cook that the information contained in the report on Audit, Risk and Improvement Committee be received.

19 Summary of Investments & Banking for the period 1 January 2023 to 31 January 2023

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

That:

1. The information contained in the report on Summary of Investments & Banking for the period 1 January 2023 to 31 January 2023 be received.

2. The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 January 2023 to 31 January 2023 be noted and accepted.

3. The graphical Investment Analysis as at 31 January 2023 be noted.

URGENT BUSINESS

UB 1 Luddenham Show

Councillor John Thain requested that an amount of $5,000 be allocated equally from each Ward’s voted works to provide financial support for the 2023 Annual Luddenham Show.

47 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that the matter be brought forward and dealt with as a matter of urgency.

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

48 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that an amount of $5,000 be allocated equally from each Ward’s voted works to provide financial support for the 2023 Annual Luddenham Show.

Committee of the Whole

49 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor John Thain that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 7:34pm.

1 Presence of the Public

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

Outcome 5

2 Unused Road Reserve - Road Lease Renewal - Laneway adjacent 22 Peachtree Road, Penrith - Unara CH 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 Recruitment of General Manager

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

The meeting resumed at 7:35pm and the General Manager reported that the Committee of the Whole met at 7:34pm on 27 February 2023, the following being present

Her Worship the Mayor, Councillor Tricia Hitchen, Deputy Mayor Councillor Todd Carney and Councillors Bernard Bratusa, Robin Cook, Kevin Crameri OAM, Mark Davies, Sue Day, Glenn Gardiner, Karen McKeown OAM, Jonathan Pullen, 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 Unused Road Reserve - Road Lease Renewal - Laneway adjacent 22 Peachtree Road, Penrith - Unara CH Pty Ltd

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

CW2 That:

1. The information contained in the report on Unused Road Reserve - Road Lease Renewal - Laneway adjacent 22 Peachtree Road, Penrith - Unara CH Pty Ltd be received.

2. Public notice of the proposed lease be given in accordance with s.154 of the Roads Act 1993

3. If any objections are received in response to the public notice, a report be brought back to Council for consideration of those submissions

4. If no objections are received in response to the public notice, Council approve the proposed new road lease agreement under the terms and conditions listed within the report.

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

3 Recruitment of General Manager

RECOMMENDED on the MOTION of Councillor Bernard Bratusa seconded Councillor Mark Davies

CW3 That:

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

2. Council nominate Councillor Marlene Shipley to replace Councillor Ross Fowler OAM on the selection panel as Councillor Ross Fowler OAM has stood down from the selection panel for personal reasons.

ADOPTION OF Committee of the Whole

50 RESOLVED on the MOTION of Councillor Sue Day seconded Councillor Karen McKeown OAM that the recommendations contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 7:37pm.

Ordinary Meeting 20 March 2023

REPORT AND RECOMMENDATIONS OF THE
Access Committee MEETING

HELD ON 8 February, 2023

PRESENT

Deputy Mayor Councillor Todd Carney, Councillor Robin Cook, Jeni Pollard – Manager City Resilience (Chair), Matthew Roger, Farah Madon, Alan Windley, Carole Grayson, Karen McIntrye, Dianne Brookes, Anthony Mulholland, Megan Whittaker – City Activation, Community and Place Manager Allison Kyriakakis – Community Resilience Program Manager, Natalie Wadwell – Community Capacity Officer, Craig Squires – Building Certification and Fire Safety Coordinator, Natalie Stanowski – Principal Planner (Presenter), Brooke Levingston – Senior Planner (Presenter), Wendy Connell – Senior Development Assessment Planner (Presenter), Jessica Gadd – Digital, Design and Corporate Events Coordinator (Presenter).

APOLOGIES

Her Worship the Mayor, Councillor Tricia Hitchen.

CONFIRMATION OF MINUTES - Access Committee Meeting - 9 November 2022

The minutes of the Access Committee Meeting of 9 November 2022 were confirmed.

DECLARATIONS OF INTEREST

Nil to report.

DELIVERY PROGRAM REPORTS

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

1 Disability Inclusion Action Plan 2022-26: Implementation Update

Natalie Wadwell, Megan Whittaker and Jessica Gadd provided updates on seven (7) key areas of the DIAP;

· Survey of Access Committee Members

· Transport for New South Wales Disability inclusion Action Plan Engagement

· Update on DIAP “Stretch Projects”

· Community Sector Training and Accessible Communications

· Staff knowledge sharing on accessible communication and engagement

· Zero Barriers Project

· ‘Accessible’ tool launched to customise content on Your Say Penrith

RECOMMENDED

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

Outcome 3 - We plan and shape our growing City

2 Proposed Amendments to State Environmental Planning Policy (Housing) 2021

Brooke Levingston and Natalie Stanowski provided an update on the proposed amendments to State Environmental Planning Policy (Housing) 2021 (Housing SEPP). The proposed changes support planning and delivery of housing for people with particular needs. The key changes include;

· Changes to Group Homes and Hostels

· Update Accessibility and Useability Standards for Independent Living Units

· Changes to Seniors Housing Design Guide

Feedback from the Access Committee will be forwarded to the NSW Department of Planning and Environment as an addendum to the submission.

RECOMMENDED

That:

1. The information contained in the report on Proposed Amendments to State Environmental Planning Policy (Housing) 2021 be received

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

3 Development Application Referred to Access Committee

DA22/1086 172 Lord Sheffield Circuit, Penrith. Construction of Ten (10) Storey Mixed Use Commercial and Residential Development including Two (2) Storey Podium containing 14 Ground Floor Retail Premises and First Floor Commercial Floor Space, Two (2) x Eight (8) Storey Residential Towers containing 287 Residential Apartments (East Tower – 152 Units; West Tower – 135 Units), Rooftop Communal Open Space, Three (3) Levels of Basement Car Parking and Public Domain Works

Wendy Connell spoke to the current development application. Key accessibility considerations include two (2) retail and commercial accessible parking spaces, both of which could be located closer to the lift core. It was noted that no adult change facilities are provided in the retail facilities (not required by the BCA but will be encouraged).

Concerns discussed by the committee included:

· Sound proofing to the proposed building given it runs parallel to the railway line.

· Additional wayfinding and signage during the later parts of construction to be considered.

· It was noted that 20% of the project should be Affordable Housing Silver Level units.

· Accessible means of entry to the rooftop pool, depending on the size of the pool.

· Traffic flow and pedestrian access to the Lord Sheffield precinct in general.

· The importance of toileting areas for pets, in particular assistance dogs.

RECOMMENDED

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

GENERAL BUSINESS

GB 1 Footpath Repairs

Contractors recently installed NBN to a property in John Tipping Grove, some repairs have been completed however these have since sunk and some areas of footpath are still awaiting repairs.

GB 2 Coles Penrith Plaza

Alan Windley and Carole Grayson raised concerns regarding the lighting in the new Coles supermarket in Penrith Plaza.

GB 3 Blue Hills Wetlands, Glenmore Park

Matt Roger recently met with Adam Lowe (Council's Asset Coordinator) and Rosemarie Canales (Council’s Lead Architect) on site to discuss improvements that could be made to the decks around the wetlands area including barriers to stop wheels going over the edge.

GB 4 Lewers Gallery

Matt Roger met with the Manager of Lewers Gallery to discuss temporary ramps that have been made available. Matt noted that the improvements to the accessible parking are a huge improvement to this facility.

GB 5 Neuromoves

Matt Roger noted that there had been a surge in demand for this service, hence there is now a long wait for new clients due to limits related to the size of the facility. Jeni Pollard advised that Neuromoves would need to approach Council directly regarding office accommodation discussions.

GB 6 Bus Stop Audit

Matt Roger noted the Bus Stop Audit that was presented last year by Nik Proufas and queried if there were any further updates on this project.

GB 7 Carers Workshop

Dianne Brookes flagged that she is currently working to putting together a Carers Workshop to be held in the Penrith LGA hopefully in September 2023.

GB 8 Every Day for Everybody

Anthony Mulholland is currently working on a campaign for the Council of Intellectual Disability called Every Day for Everybody.

GB 9 Guide Dog Free Runs

Carole Grayson is working on a Guide Dog Free Runs program in St Clair potentially in April 2023. The program is hoping to be able to bring Guide Dogs and other Assistant Dogs to a safe free run space.

GB 10 Guide Dogs NSW/ACT

Guide Dogs NSW/ACT has a free accessible online learning opportunity called “Introduction to Accessible Content”.

There being no further business the Chairperson declared the meeting closed the time being 7.02pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 8 February, 2023 be adopted.

Ordinary Meeting 20 March 2023

REPORT AND RECOMMENDATIONS OF THE
Resilience Committee MEETING

HELD ON 22 February, 2023

PRESENT

Councillors Robin Cook, Sue Day, Karen McKeown OAM, Mark Rusev; Yang Xiang, Margaret Maljkovic, Nevin Sweeney, Aditi Verma, Daniel Angus, Marzi De Santi.

IN ATTENDANCE

Jeni Pollard – Manager City Resilience (Chair), Belinda Atkins – Sustainability and Resilience Lead, Ashley Gourdon – Cooling the City Engagement Officer, Tarah Slattery – Sustainability Education Officer.

Observer: Shannon Richardson, Resilient Sydney.

APOLOGIES

Carina Fernandes, Nerida Buckley, Beck Dawson, Dr Victor Carey.

Staff: Andrew Hewson, Krystie Race.

CONFIRMATION OF MINUTES - Resilience Committee Meeting - 23 November 2022

The minutes of the Resilience Committee Meeting of 23 November 2022 were confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

GUEST SPEAKER

Costa Georgiadis attended the meeting and spoke to the Committee on verge gardening. Key points presented are noted below:

· Council has a duty of care to drive direction

· Streets are a lifeline of our community, and are an opportunity, we can tap into. This is prime real estate that has the potential to be a resilient and cool street, building community resilience

· The strategy for verge gardens needs to be educational. Consultation and information are key, and the community needs to have buy in

· Potential role out. Nominate a demonstration street with residents that opt in via an expression of interest process

· Can tap into core values of sustainability. E.g. plant selection. Can put in waterwise plants, mulch and grow a corridor for biodiversity rather than lawn

· Verge gardens can be aligned with the FOGO system and can play a part in the green corridor network

· Opportunities to connect streets and neighbourhoods through local food swaps, cooking demonstrations, and expanding to street libraries to bring in the social aspect

· Verge gardening can be an activity that has a positive impact on mental health. Positive impacts have been shown through surveys/studies, enabling time outside, immersed in a sensory activity, providing a focal point, improvements to health and anxiety.

· Barriers raised – safety of raised beds, need to account for walking and be accessible friendly

· Legal: City of Bayswater, Perth have investigated insurance and liability and noted that verge gardens are covered under insurance and are considered low risk.

· Opportunity for local storytelling and to paint a narrative from the big picture of the benefits of verge gardening to the wider community down to the benefits at an individual household and ecological level (soils).

Questions were raised on the need for street champions to kickstart and keep the verge gardens going, and on how a verge garden would work with renters and/or high turnover in property ownership. It was noted that Council would play a role in establishing a framework and guidance on planting, with the community taking on ownership of the actual verge gardens. Connecting with local community groups and body corporates to get them involved, seed giveaways, and planting schedules looking at perennials and a mix of short/medium and long-term planting could be undertaken.

Cr Robin Cook informed Costa of the Council nursery refurbishment, stage 1 and 2, with Council expanding the nursery to grow our own plants for local tree planting and bushcare projects, with the site also used for social enterprise and community group activities.

The Chair thanked Costa for attending the Committee meeting and sharing his knowledge and experience with the Committee.

DELIVERY PROGRAM REPORTS

Outcome 1 - We protect and enhance an ecologically sustainable environment

1 Resilient Penrith Action Plan: Greening our City and Cooling the City Project Updates

Belinda Atkins reported on greening and cooling the city actions being undertaken under Direction 2 Live With Our Climate within the Resilient Penrith Action Plan; including the Playspaces Shade project which has seen shade sails installed and trees planted at 98 playspaces across the Penrith area; and the Canopy Targets project, being undertaken under the Greener Neighbourhoods Grant Program. It was noted that consultants have been engaged to review canopy assessment methods, implement a data assessment of canopy cover across Penrith, understand Council’s operational capacity for greening and to develop canopy target methodology for suburbs across the Penrith LGA.

Ashley Gourdon provided an update on the Greening Our City Program, noting that stage 3 of the Green Streets program involving tree planning in St Marys, North St Marys and Oxley Park is complete. It was noted that over 600 trees have been planted to date across four industrial areas as part of the Cooling our Workplaces project, and trees have been successfully planted in Melaleuca Park, Jordan Springs as part of the Cooling our Parklands project. Before and after photos of tree planting locations were shown to highlight the improvements in amenity and greening of the streets, parks and workplaces.

It was noted that some trees for this project have been propagated in Council’s nursery, however, due to the large number of trees required and tree planting projects being undertaken, trees did have to be sourced from other providers.

RECOMMENDED

That the information contained in the report on Resilient Penrith Action Plan: Greening our City and Cooling the City Project Updates be received.

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

2 Resilient Penrith Action Plan - Energy Efficiency and Renewables Projects

Belinda Atkins reported on the energy efficiency and renewable energy projects being undertaken or currently being planned under Direction 2 Live With Our Climate within the Resilient Penrith Action Plan; including the LED street lighting upgrade which will see the remaining 9808 streetlights fitted with LEDs, saving over 3,424,623 kWh pa and 2,774 tonnes of CO2; Council’s participation in Earth Hour, switching of non-essential lights and appliances in support of climate action; and Council’s participation in the GreenPower Campaign, developed by City of Sydney, which will be launched in March alongside Earth Hour to promote the uptake of renewable energy by residents and businesses.

It was noted that Council’s electric vehicles were performing well, with Council’s first Renault Kangoo turning four in February. Over that time the Kangoo has been charged using 100% GreenPower at a cost of only $1260 comparative to the diesel vehicle that it replaced which over the same km travelled would have cost approximately $8,250. It was noted that Council will be engaging a consultant to develop a fleet and plant EV transition plan. The EV transition plan will enable Council to make informed decisions on the best approach to transitioning Council’s fleet away from petrol vehicles/plant to hybrid vehicles and electric vehicles over a feasible timeframe. This initiative will assist in delivering sustainability outcomes for Council through a reduction in greenhouse gas emissions and uptake of renewable energy sources. It was noted that information on the transition plan would be shared with the Committee throughout its development.

Committee members raised queries and discussed issues including locations of EV charging infrastructure on public and private land, community battery storage and health and safety in relation to LED lighting.

It was noted that Resilient Sydney would share the City of Sydney’s Electrification of transport in the City Strategy and Action Plan which is currently on public exhibition.

RECOMMENDED

That the information contained in the report on Resilient Penrith Action Plan - Energy Efficiency and Renewables Projects be received.

3 Circular Economy Roadmap

Belinda Atkins presented on the Circular Economy Roadmap developed to meet an identified action under Direction 2 of the Resilient Penrith Action Plan. It was noted that a Consultant was engaged through Council’s partnership with Sustainability Advantage (a State Government Program) to develop a Circular Economy Roadmap for Council utilising best practice circular economy frameworks, to ensure the implementation of circular economy principles and practices within Council’s functions/operations.

The Roadmap, developed through a consultative process with relevant Council staff, was presented outlining the 18 initiatives across four focus areas; activating local economies, community education and engagement, circularity within Council operations, and innovation and collaboration. The second stage cost benefit analysis undertaken for 8 of the initiatives within the Roadmap was presented to the committee, highlighting the positive net benefit, with direct benefits outweighing costs for initiatives under the focus areas of community education and engagement, and circularity within Council operations. It was noted that initiatives under the remaining two focus areas provided indirect benefits to Council but direct benefits to the community

RECOMMENDED

That the information contained in the report on Circular Economy Roadmap be received.

GENERAL BUSINESS

GB 1 Emergency Preparedness

The Chair noted that a full update on emergency preparedness and recovery would be provided at the next meeting. Committee members were informed that the third Emergency Preparedness Pop Up event was being held in Emu Plains on Saturday 25 February.

GB 2 Member General Business Items

The Chair called for general business items and/or comments from members.

Committee members recognised Councils efforts in achieving progress on actions within the Resilient Penrith Action Plan. The continuation of tree planting for shade/cooling was supported, as was the increased involvement of Council’s nursery, and the installations of more water play, water refill stations and cooler centres for the community. Verge gardening was supported, also incorporating fruit/olive trees for shading, with Committee members noting how do we get started and where to we go from here, following on from Costa’s presentation.

Collaboration and working together was also noted as a good approach, with Council linking to Western Sydney University and researchers, and working with social housing providers on housing affordability and cooling the city projects.

It was noted that the We Love Thornton Festival is being held on 11 March. Council’s Sustainability and Resilience Team will be attending the event to provide information on cooling, greening our city and will display the electric vehicle.

GB 3 Meetings

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

· Wednesday 24 May 2023, 6-8pm

· Wednesday 23 August 2023

· Wednesday 22 November 2023

The Chair thanked Committee Members for their time and contribution to the meetings.

There being no further business the Chair declared the meeting closed the time being

8.20 pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 22 February, 2023 be adopted.

Ordinary Meeting 20 March 2023

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 6 March, 2023

(Note: The Local Traffic Committee Business Paper and reports were referred to members and a formal meeting held via on-line Microsoft Teams platform).

PRESENT

Councillor Robin Cook (Representative for the Member of Londonderry), Sergeant Stephen Page - Nepean Police Area Command (PAC), Ken Hind – Transport for NSW (TfNSW) and Raymond Tran – Transport for NSW (TfNSW).

IN ATTENDANCE

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

APOLOGIES

Mayor Tricia Hitchen (Representative for the Member of Penrith), Councillor Karen McKeown OAM (Council Representative), Caitlin Bailey - Senior Traffic Engineer, Philip Saverimuttu – Senior Traffic Engineer and Liam Warda – Trainee Engineer.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 6 February 2023

The minutes of the Local Traffic Committee Meeting of 6 February 2023 were confirmed.

LEAVE OF ABSENCE

Nil.

DECLARATIONS OF INTEREST

Nil.

DELIVERY PROGRAM REPORTS

Outcome 4 - We manage and improve our built environment

1 Llandilo Precinct - Endorsement of Concept Plans for Intersection Treatments

RECOMMENDED

That:

1. The information contained in the report on Llandilo Precinct - Endorsement of Concept Plans for Intersection Treatments be received.

2. The intersection of Sixth Avenue and Third Avenue, Llandilo be upgraded to a Median Island Stop Treatment (MIST) as shown in Appendix 3, subject to detailed design and funding being obtained. A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category.

3. The intersections of Sixth Avenue and Second Avenue, and Fifth Avenue and Second Avenue, be upgraded to half Median Island Stop Treatments (MIST’s) with the median island installed in the western leg of the intersection as shown in Appendix 4, subject to detailed design and funding being obtained. A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category.

4. The above intersections listed in recommendations 2 & 3 (and existing STOP controlled intersections where required) be upgraded to STOP control as an interim measure, as shown in Appendix 5.

5. The T-intersections at Sixth Avenue and Terrybrook Road, Eighth Avenue and Terrybrook Road, Fourth Avenue and Third Avenue, Llandilo (and existing Give Way controlled intersections where required) be upgraded from priority control to Give Way control, as shown in Appendix 6.

6. The intersection of Fourth Avenue and Terrybrook Road be upgraded to STOP control on its southern leg and holding lines be brought forward (subject to swept path analysis), as shown in Appendix 7.

2 Lethbridge Street, Penrith - Proposed Line Marking of Parking Bays

RECOMMENDED

That:

1. The information contained in the report on Lethbridge Street, Penrith - Proposed Line Marking of Parking Bays be received.

2. Consultation be undertaken with affected properties regarding the proposed line marking of parking bays on Lethbridge Street, Penrith.

3. Subject to no substantial objections being received, the proposed parking bay line marking be installed as shown in Appendix 1.

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

3 Jordan Springs East-West Connector Road Stages 2A & 2B - Endorsement of Signage and Line Marking Plans

RECOMMENDED

That:

1. The information contained in the report on Jordan Springs East-West Connector Road Stages 2A & 2B - Endorsement of Signage and Line Marking Plans be received.

2. The signage and line marking plan prepared by Cardno for Jordan Springs East-West Connector Road, Stage 2A (Plans No. 1701, Revision D & Plan No. 1702, Revision E, dated 8 February 2021) and Stage 2B (Plan Nos. 1703 & 1704, Revision A, dated 8 February 2021) be endorsed for construction (as shown in Appendices 1 & 2). The speed zone signage and line marking and works within Blacktown LGA are subject to separate approvals.

3. All costs associated with the installation of the signage and line marking be funded by the applicant.

4. Cardno be advised of Council’s resolution.

4 Monfarville Street South of Lonsdale Street, St Marys - Fatal Crash Sub-Program Nomination

Councillor Robin Cook (Representative for the Member of Londonderry) noted this area has been in need of infrastructure improvements for a while and is attracting more traffic and pedestrians with an increase in medium density housing in the area. Councillor Cook welcomed the proposed improvements.

RECOMMENDED

That:

1. The information contained in the report on Monfarville Street South of Lonsdale Street, St Marys - Fatal Crash Sub-Program Nomination be received.

2. The proposed pedestrian refuge treatment on Monfarville Street, St Marys, approximately 5m south of the Lonsdale Street intersection, as shown in Appendix 1 (concept plan TS0177) be endorsed with funding to be sought from TfNSW under the Fatal Crash Sub-Program.

3. Community consultation with affected residents and businesses be undertaken concurrently with the nomination.

4. Should Council receive funding, a detailed design be prepared and presented back to Council’s Local Traffic Committee for endorsement.

5 Bringelly Road, Kingswood - Proposed Combined Children's Raised (Wombat) Pedestrian Crossing with Associated Signage and Line Marking within the school zone of Montgrove College

Ken Hind – Transport for NSW (TfNSW) advised that the ‘Keep Clear’ road markings are regulatory which means that vehicles cannot stop within them. They should only be used on the school side of the road. Wendy Read – Road Safety Officer advised she will have the plans amended and remove the other ‘Keep Clear’ markings on the northbound lane.

RECOMMENDED

That:

1. The information contained in the report on Bringelly Road, Kingswood - Proposed Combined Children's Raised (Wombat) Pedestrian Crossing with Associated Signage and Line Marking within the school zone of Montgrove College be received.

2. Consultation be undertaken with affected properties including Montgrove College Principal regarding the proposed concept design, as shown in Appendix 1.

3. Subject to no substantial objections being received, the proposed combined children’s raised (wombat) pedestrian crossing be listed to Council’s Traffic Facilities Prioritisation Program to be implemented once funding is obtained.

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

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

6 Glengarry Drive and Bangalla Parade, Glenmore Park - Proposed 'No Stopping' Restrictions

RECOMMENDED

That:

1. The information contained in the report on Glengarry Drive and Bangalla Parade, Glenmore Park - Proposed 'No Stopping' Restrictions be received.

2. Notification be provided to affected properties regarding the proposed installation of ‘No Stopping’ restrictions on Bangalla Parade at its intersection with Glengarry Drive, Glenmore Park, as shown in Appendix 1.

3. Following notification to affected properties, the ‘No Stopping’ restrictions be implemented on Bangalla Parade at its intersection with Glengarry Drive, Glenmore Park, as shown in Appendix 1.

4. The resident who raised this matter be advised of Council’s resolution.

7 Monfarville Street and Carpenter Street, St Marys - Fatal Crash Sub-Program Nomination

Sergeant Stephen Page - Nepean Police Area Command (PAC) wanted to clarify that there were no treatments that would have prevented the fatal accident from occurring. Adam Wilkinson – Engineering Services Manager (Chair) confirmed that there were no sub-standard conditions identified in the road environment that contributed to this accident, however Council has investigated and proposed treatments that seek to improve overall safety at the intersection.

Ben Cantor – Busways queried the swept paths for buses. Isaac Mann – Transport Engineer advised these were only concept plans and will consult with Busways as part of the detailed design.

RECOMMENDED

That:

1. The information contained in the report on Monfarville Street and Carpenter Street, St Marys - Fatal Crash Sub-Program Nomination be received.

2. The proposed pedestrian refuge and traffic calming treatment at the intersection of Monfarville Street and Carpenter Street, St Marys, as shown in Appendix 1 (concept plan TS0178) be endorsed with funding to be sought from TfNSW under the Fatal Crash Sub-Program.

3. Community consultation with affected residents and businesses be undertaken concurrently with the nomination.

4. Should Council receive funding, a detailed design be prepared and presented back to Council’s Local Traffic Committee for endorsement.

8 Soper Place Car Park, Penrith – Proposed Accessible Parking Spaces

RECOMMENDED

That:

1. The information contained in the report on Soper Place Car Park, Penrith – Proposed Accessible Parking Spaces be received.

2. Two (2) accessible parking spaces with shared area be installed within Soper Place Car Park in accordance with AS2890.6:2022, as illustrated in Appendix 1.

3. The customer who reported the matter, Council’s Ranger Services Department and Council’s Asset Management Department be advised of Council’s resolution.

9 Penrith Producers Events 2023

RECOMMENDED

That:

1. The information contained in the report on Penrith Producers Events 2023 be received.

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

3. Approval be given for the temporary closure of the following streets between 12.00pm and 12.00am on Friday 31 March 2023, Friday 23 June 2023, Friday 29 September 2023, and Friday 1 December 2023:

· High Street, Penrith, between Station Street and Riley Street;

· Riley Street, Penrith, between High Street and Henry Street.

4. The Traffic Management Plan for the four Penrith Producers Events on 31 March 2023, 23 June 2023, 29 September 2023, and 1 December 2023 be endorsed, subject to the following conditions:

a) A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with Transport for NSW and Traffic Management Centre for approval, prior to the event.

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

c) The event applicant arranges an information letterbox drop and personal communication to all business proprietors, property owners/tenants, residents and other occupants in the affected streets two weeks prior to the event. Any concerns or requirements must be resolved by the applicant.

d) The event applicant maintain a Certificate of Currency for Public Liability Insurance of minimum $20 million.

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

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

g) The event applicant ensures that the event complies with the NSW Work Health and Safety Act 2011 and Work Health and Safety Regulations 2017.

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

i) Signposting advising the date and time of all closures be provided by the event organiser and be provided two weeks prior to the event.

j) The event applicant notifies the Ambulance Service of NSW, fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Service of the proposed event.

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

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

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

5. Any proposed speed limit reductions are subject to the separate approval of Transport for NSW.

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

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

10 Coreen Avenue, Penrith - Endorsement of Signage and Line Marking Plans

RECOMMENDED

That:

1. The information contained in the report on Coreen Avenue, Penrith - Endorsement of Signage and Line Marking Plans be received.

2. The signage plans prepared by Oberon Constructions, dated 2/2/2023, as shown in Appendix 1, and the extension to the C3 line marking be endorsed for installation.

3. All works associated with the implementation of the signposting shall be undertaken by the applicant at no cost to Council.

4. Following the installation of the signage, Council organise additional C3 line marking to match the extent of ‘No Stopping’.

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

GENERAL BUSINESS

GB 1 Wallacia Public School - Water Street, Wallacia

Sergeant Stephen Page - Nepean Police Area Command (PAC) advised that there have been issues on Water Street, Wallacia, with parents doing U-turns. Patrols have been organised and the Police will continue to monitor the situation.

Adam Wilkinson – Engineering Services Manager (Chair) clarified that this section of Water Street is a public road so vehicles are allowed to turn left into Water Street and then do a U-turn and turn right out onto Mulgoa Road if it is safe to do so. Council is currently investigating the gate that has been installed across the road by the adjacent property. Council has already written to Transport for NSW (TfNSW) to consider the request for a roundabout on Mulgoa Road which is a State Road under the control and management of TfNSW.

RECOMMENDED

That the information be noted.

There being no further business the Chairperson declared the meeting closed the time being 9:54am.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 March, 2023 be adopted.

Ordinary Meeting 20 March 2023

Endorsement of Library Services Strategy

Compiled by: Sarah Dean, Library Services Manager

Authorised by: Sandy Davies, Director - Community and People

Outcome	We are welcoming, healthy, happy, creative and connected
Strategy	Plan for, deliver and improve community services
Principal Activity	Deliver library services that support a vibrant, connected community

Previous Items: Draft Library Services Strategy- Ordinary Meeting- 28 Nov 2022

Draft Library Services Strategy- Councillor Briefing- 07 Nov 2022

Executive Summary

The purpose of this report is to provide Council with the feedback received during the exhibition period of the Draft Library Services Strategy and to seek Council endorsement of the updated Library Services Strategy 2023-2028 which is provided as an attachment to this report (refer Attachment 1).

A total of 18 submissions were received and, as a result of these submissions, two amendments to the Strategy have been made. They are:

· Strategy 2 Action 2.2 wording amended from – Consider the planning and development of future library facilities in projected high growth/underserviced areas, with particular consideration for a new library facility at Orchard Hills

to (amendments in bold):

Consider the planning and development of future library facilities and alternative service delivery methods to existing and projected high growth/underserviced areas, with particular consideration for a new library facility at Orchard Hills.

· An additional action added to Strategy 4 which is Action 4.5 - Focus on further developing and expanding online collections.

Background

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

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

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

The draft Library Services Strategy developed from the research and stakeholder engagement includes a set of guiding principles, priorities, support strategies and actions to guide how Council will manage and deliver future library service delivery outcomes.

The draft Library Services Strategy was presented at the 7 November 2022 Councillor Briefing and then reported to the 28 November 2022 Ordinary Meeting for authorisation to be placed on public exhibition.

Current Situation

Public Exhibition

The draft Strategy was placed on public exhibition from 9 January 2023 until 21 February 2023. Community members and key stakeholders were given an opportunity to provide comment.

The draft Strategy public exhibition was promoted via several mediums including:

· A media release

· A half-page advertisement in the Western Weekender newspaper (w/c 19 January edition)

· Posters and brochures at all library branches

· The library online catalogue and smart device app

· Council and library’s social media channels (Facebook and Instagram)

· A dedicated website page on Council’s Your Say platform that provided opportunities to download the draft strategy and complete an online survey.

Feedback Received

The public exhibition social media posts resulted in 9,000 views on Facebook and over 2,000 views on Instagram. The Your Say page was viewed 367 times during this same period. These promotional activities attracted 18 responses in total to the draft Strategy.

Overall, the feedback received for the draft Strategy was very positive with some feedback highlighting areas of Strategy that could be enhanced. Council staff have collated this feedback from the community and provided responses to key issues, and then revised the draft Strategy accordingly.

Some of the feedback received did not relate to the proposed Strategy so is not included in this report, however this unrelated feedback, including Council’s response to this feedback, can be viewed in the Draft Library Service Strategy Feedback Report provided (refer Attachment 2).

Response to Community Feedback and Amendments to the Strategy

The following includes the collated feedback received regarding the draft Strategy, Council’s response to this feedback and any amendments made to the draft Strategy as a result of this feedback.

Feedback

Council’s response

1. Library facilities

1a) The furniture and fittings in the existing branches need to be updated to make the spaces more modern and inviting

1b) Increase number of quiet spaces and meeting rooms for people to use to study

1c) Improve accessibility to library facilities for people with disabilities

These issues will be addressed by Strategy 1. - Upgrade current library facilities to ensure they are welcoming, accessible and modern.

1d) Consider additional library branches for Emu Plains, Glenmore Park, Jordan

Springs and Cranebrook.

The former Emu Plains library was closed in 2014 due to low usage. Due to this, and Emu Plains’ close proximity to the main library at Penrith, Council would not consider adding the planning of a new library branch at Emu Plains to this Strategy.

Regarding additional library branches at Glenmore Park, Jordan Springs and Cranebrook, these additional branches are subject to feasibility and usage studies as well as budgetary considerations as there is no funding available at this stage for additional branches, including the proposed library branch at Orchard Hills referred to in the Strategy.

To address this issue the Strategy 2 Action 2.2 - Consider the planning and development of future library facilities in projected high growth/underserviced areas, with particular consideration for a new library facility at Orchard Hills has been amended to include a wider scope that focuses on existing areas as well as projected high growth areas, and to include exploring other alternative avenues to providing library services that may be more suitable and/or cost effective in the short to medium term.

Alternative avenues may include Radio Frequency Identification (RFID) enabled lockers that library members can access at different sites to pick up reservations, running regular library programs at existing community facilities in these suburbs, or a mobile library that regularly visits these areas.

The amended wording (in bold) is as follows: Strategy 2 Action 2.2 - Consider the planning and development of future library facilities and alternative service delivery methods to existing and projected high growth/underserviced areas, with particular consideration for a new library facility at Orchard Hills.

2. Resources

2a) Increase audio book collection and accessibility to this collection for customers who are visually impaired

2b) Increase languages other than English (LOTE) collections

These issues will be addressed by Strategy 4 Action 4.2 – Informed by Council’s community liaison and consultation processes, develop tailored investment plans for resources specifically for local: Aboriginal and Torres Strait Islander communities, residents from diverse cultural and linguistic backgrounds, seniors and people with disability, young people and local students of all ages, young families, babies and pre-schools and disadvantaged and marginalised members of the community.

2c) Increase online collections

The intent of the Strategy was to address this issue by Strategy 4 – Invest in diverse library resources (online, digital, hardcopy and in accessible formats) to better cater for diverse user groups, including for children, young people and adults with different cultural and linguistic backgrounds and level of ability.

It is evident though that an action needs to be added to Strategy 4 to ensure this issue is fully addressed. This additional action will be: Action 4.5 Focus on further developing and expanding online collections

2d) Improve accessibility and features of the library app and online catalogue

This issue will be addressed by Strategy 5 Action 5.1 – Review the Library Management System functions to better meet the needs of library users and staff.

2e) Remove reservation fees

This issue will be addressed by Strategy 5 Action 5.2 – Review fees on library resources and equipment usage.

3. Programs and services

3a) Increase adult, youth and children’s programming with a focus on life-long learning

3b) Increase the number of author talks and writing workshops for adults

These issues will be addressed by Strategy 9 – Strengthen life-long learning opportunities covering traditional and emerging life skills, digital skills, as well as creative and recreational pursuits.

3c) Increase promotion of current services and programs, particularly local history resources

This issue will be addressed by Strategy 10 – Increase and diversify promotion of library programs and services across the community and throughout Council.

4. People and culture

4a) Increase staff interactions with customers at Penrith library

This issue will be addressed by Strategy 13 – Continue to strengthen library staffing, culture and operations including through building staff capabilities, recruiting to meet changing needs, and enhancing communications.

Amendments to the Strategy

In summary, for the benefit of this report, the amendments made to the Strategy (in bold) are as follows:

to:

· An additional action added to Strategy 4 which is Action 4.5 - Focus on further developing and expanding online collections

The complete updated Strategy has been attached to this report (refer to Attachment 1).

Financial Implications

Existing budget and grant funding will fund the implementation of this Strategy. Any actions or projects that result from this Strategy which require additional funding will be identified and pursued only once further funding through Council or other external funding opportunities have been sought and approved.

Risk Implications

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

Conclusion

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

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

RECOMMENDATION

That:

1. The information contained in the report Endorsement of Library Services Strategy be received

2. Council note the feedback received as part of the exhibition of the draft Library Services Strategy

3. Council endorse the amended Library Services Strategy.

ATTACHMENTS/APPENDICES

1. ⇩	Amended Draft Library Services Strategy 2023-2028	28 Pages	Attachments Included
2. ⇩	Draft Library Services Strategy 2023-2028 Feedback Report	3 Pages	Attachments Included

Ordinary Meeting 20 March 2023

Request for Major Event Sponsorship - Australian Pole Sports Federation

Compiled by: Beau Reid, Place and Activations Program Manager

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

Kylie Powell, Director - City Futures

Outcome	We are welcoming, healthy, happy, creative and connected
Strategy	Support and provide opportunities to participate in activities and events that celebrate our diversity, culture and creativity
Principal Activity	Conduct and support events that include all members of our community

Executive Summary

The purpose of this report is to present to Council an event sponsorship proposal received from the Australian Pole Sports Federation (APSF) seeking sponsorship of the 2023 Australian Pole and Aerial Sports Championships.

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

APSF has submitted a proposal for sponsorship from Council for the 2023 Australian Pole and Aerial Championships to be held at the Penrith Valley Regional Sports Centre (PVRSC) on 9 July 2023. The Australian Pole and Aerial Championships is an annual event usually held in Cairns, Queensland. APSF is looking to relocate the event to Penrith on an ongoing basis.

Australian Pole Sports Federation has sought a total sponsorship investment from Council of $10,000 (plus GST). Council officers have estimated the event could deliver approximately $133,072 in local economic benefit.

This presents a new annual ongoing event acquisition opportunity which also delivers on a key focus area within Council’s Events Strategy 2020 – 2024, that being to attract events that support women’s participation in sports.

This report recommends that Council provides sponsorship of $10,000 (plus GST) to the Australian Pole Sports Federation in support of the 2023 Australian Pole and Aerial Championships.

Background

Council was approached on 23 January 2023 by Australian Pole Sports Federation to consider sponsorship of the Australian Pole and Aerial Championships to be held at the Penrith Valley Regional Sports Centre (PVRSC) on 9 July 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 $114,470 available in the 2022 - 23 budget.

Current Situation

The sponsorship proposal received from the Australian Pole Sports Federation for the 2023 Australian Pole and Aerial Championships requests a total Council investment of $10,000 (plus GST) to assist with cost of the venue hire, operations and marketing of the event.

Further details on the event are provided below:

2023 Australian Pole and Aerial Championships

The Australian Pole Sports Federation (APSF or Federation) is a not-for-profit peak sporting organisation founded in 2017 representing pole and aerial sports. The APSF is associated with the International Pole Sports Federation (IPSF) and are currently working toward inclusion in future Olympic Games.

The Australian Pole and Aerial Championships is an established national competition run by APSF with accreditation from the IPSF providing the only international standard competition for pole and aerial sports in Australia.

The event has previously been held exclusively in Cairns, Queensland. The APSF has indicated it is seeking to relocate to a Sydney based location, with a preference for Penrith, in order to maximise the accessibility of its event to its membership base and to capitalise on the location, price competitiveness and positive experience beyond the event for visitors that can be offered in Penrith.

The Federation is anticipating that they will attract approximately 360 participants and spectators to Penrith, consisting of 40 competitors and 320 spectators.

Over 80% of participants (290 people) are expected to stay overnight for 1-2 nights in the Penrith Local Government Area, with 210 visitors from Regional NSW, 90 from interstate and 60 from the Greater Sydney Area.

The event primarily has female participants (85%). A number of participants in the event have mobility and other physical disabilities, participating in pole and aerial sports in order to gain physical strength and mobility as well as connect meaningfully with others in the community.

The Federation has indicated that they intend to grow the event and establish a long term presence for the Championships in Penrith, on the basis of a successful first year experience in 2023.

Previous sponsorship to Australian Pole Sports Federation

The Australian Pole Sports Federation has not previously sought sponsorship from Council.

Proposed Sponsorship Benefits

The sponsorship opportunities being presented by Australian Pole Sports Federation for the 2023 event would provide Council and the community of Penrith with several benefits including:

· Naming rights to the 2023 Australian Pole and Aerial Sports Championships, covering one of the competition categories and athletes after party

· Logo inclusion on all event materials, official competition T-shirt, event tickets and on APSF website (with a link when viewers click on the logo that takes them to the Visit Penrith website)

· Option to operate a promotional stand at the 2023 APSF event

· Social media post recognising sponsor and 1 x EDM news feature

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 economy of Penrith that exceeds the total cost of running the event.

The event primarily has female participants (85%). The acquisition of events focussing on women’s participation in sport is a key focus for event acquisition as part of Council’s Think Penrith, Think Penrith – Penrith Events Strategy 2020-2024. This event would represent the first strategic acquisition of an event focussed on women’s sports participation since the Events Strategy 2020 – 2024 was adopted.

Additionally, a percentage of participants identify having a disability (15%). Sponsorship of this event supports and aligns with Council’s Disability Inclusion Action Plan 2022-2026, specifically Strategy 2: Raise awareness and promote the benefits of inclusion to the community and Strategy 5: Increase access and participation in recreational and sporting opportunities.

Council officers have estimated that the event could deliver approximately $133,072 in local economic benefit. This is calculated using data provided by the applicant including participant numbers and type of participation expected during the event (e.g. overnight or day stay). The Tourism Research Australia tool is then used to input the data provided by the applicants. This tool is used by Destination NSW to set the standard rates of economic impact per visitor per event. This information is then inputted into the Profile ID Event Impact Calculator to determine the return on investment for each event.

Using the participant figures provided by the APSF, Council officers assess the economic return on investment of this event as relatively modest at approximately $3 for every $1 invested. This would ordinarily attract a potential Council sponsorship contribution of between $3,000 (plus GST) and $5,000 (plus GST).

However, the potential to secure an ongoing national annual event typically held in another state is noted, together with the fact that this event delivers on a key strategic direction in Council’s Event’s Strategy 2020 – 2024 to attract events that support women’s participation in sports.

On this basis, a one-off sponsorship at $10,000 (plus GST) for the inaugural year of the Australian Pole and Aerial Championships being held in Penrith is deemed appropriate, considering the strategy alignment for Council and the up-front costs and associated commercial risks to the organiser in the relocation of this national event from Cairns to Penrith.

This investment will provide the APSF with an opportunity to embed its presence in the Penrith Local Government Area for the long term and drive continued growth in participation and visitation associated with the event into the future through a strategic business plan focussed on developing local commercial and community partnerships.

Financial Implications

Major Events Sponsorship funding is currently available within Council’s 2022-23 Operational Plan. Should the recommended sponsorship amount of $10,000 (exc GST) for 2022-23 be endorsed, the total funding remaining for the 2022-23 Penrith Events Partnership Program will be $119,470.

Risk Implications

If the sponsorship is endorsed, Council will enter into a sponsorship agreement with Australian Pole Sports Federation 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 the Australian Pole Sports Federation (APSF) to support the 2023 Australian Pole and Aerial Championships to be held at the Penrith Valley Regional Sports Centre (PVRSC) on 9 July 2023.

APSF has requested event sponsorship of $10,000 (plus GST) to assist towards venue hire, operating costs and event marketing.

It is estimated that the return to the community of Penrith from the event could be in the order of $133,072 in economic benefit.

Council officers have assessed the proposal against the Events Sponsorship Policy. A total value of $10,000 (plus GST) is considered appropriate. This level of funding reflects the nature of the proposed sponsorship benefits to Council, the estimated economic benefits, as well as the strategic benefit of attracting a ‘new to Penrith’ ongoing annual national event that delivers on Council’s Events Strategy 2020-2024 and supports directions in Council’s Disability Inclusion Action Plan 2022-2026.

RECOMMENDATION

That:

1. The information contained in the report on Request for Major Event Sponsorship - Australian Pole Sports Federation be received

2. Council provide sponsorship of $10,000 (plus GST) to the Australia Pole Sports Federation in support of the 2023 Australian Pole and Aerial Championships.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 20 March 2023

Planning Proposal and draft Voluntary Planning Agreement Letter of Offer for 61-79 Henry Street, Penrith - Post Exhibition

Compiled by: Peter Failes, Senior Planner

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	Facilitate and plan for housing diversity and liveability

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

Previous Items: Planning Proposal for 61-79 Henry Street, Penrith (Henry Lawson Centre) - Councillor Briefing - 04 May 2020

Planning Proposal for 61-79 Henry Street, Penrith - Councillor Briefing - 17 May 2021

Planning Proposal for 61-79 Henry Street Penrith to Gateway - Ordinary Meeting - 26 July 2021

Letter of Offer to enter into a Voluntary Planning Agreement (VPA) associated with a Planning Proposal for 61-79 Henry Street, Penrith - Ordinary Meeting - 26 September 2022

Planning Proposal and draft Voluntary Planning Agreement Letter of Offer for 61-79 Henry Street, Penrith - Post Exhibition - Councillor Briefing - 06 March 2023

Landowner: Australian Foundation for Disability (AFFORD)

Proponent: Sutherland and Associates Consulting

Executive Summary

The purpose of this report is to present the outcomes of the public exhibition of the Planning Proposal and draft Voluntary Planning Agreement (VPA) Letter of Offer for 61-79 Henry Street, Penrith (known as the Henry Lawson Centre), and seek Council’s resolution to endorse the Planning Proposal for finalisation and submit to the Department of Planning and Environment (DPE) to make the Plan, after the VPA has been executed.

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

1. 25 November 2020 – Update on Planning Proposal

2. 22 December 2020 – Update on Planning Proposal

3. 7 January 2019 – Advising of lodgement of Planning Proposal

4. 4 March 2022 – Update on Planning Proposal

5. 27 May 2022 – Update on Planning Proposal

6. 27 July 2022 – Update on Planning Proposal

At its Ordinary meeting of 26 July 2021, Council resolved to endorse to forward to Gateway a Planning Proposal to amend LEP 2010 to permit residential accommodation at 61-79 Henry Street, Penrith. A Gateway Determination was issued by DPE on 21 September 2021. At its Ordinary meeting of 26 September 2022, Council endorsed for public exhibition the Letter of Offer in conjunction with the Planning Proposal for the subject site. The Planning Proposal, draft Letter of Offer and the supporting documents were subsequently placed on public exhibition from 17 October 2022 to 14 November 2022. Consultation with public authorities was also undertaken during this period, as required by the Gateway Determination.

A total of two public submissions and six public authorities / organisations submissions were received. No objection was raised. However, some submissions have raised matters for Council’s consideration. As a result, no amendments are proposed following the exhibition feedback, given they are matters that are already addressed in Council’s current planning controls or are matters better addressed as part of a future development application.

The proponent has submitted an updated draft VPA for the subject site on 6 March 2023, which is currently being reviewed. The draft VPA will be reported to a future Council meeting seeking endorsement for it to be notified.

The report recommends that Council endorse the Planning Proposal for finalisation, and that Council and the proponent continue to work towards finalisation of an acceptable VPA Offer, which is to be reported to a future Council meeting for consideration. This report also recommends that the Planning Proposal be forwarded to DPE in accordance with the LEP plan making process for finalisation, after the VPA has been executed. The final Planning Proposal has been provided to Councillors as a separate enclosure and is publicly available on Council’s website.

Background

Planning Proposal

In December 2019, a Planning Proposal was submitted to Council to amend LEP 2010 to permit residential accommodation as an Additional Permitted Use on the site at 61-79 Henry Street, Penrith, also known as ‘The Henry Lawson Centre’.

Amendments are proposed to permit high density residential within the B3 Commercial Core, where it is not currently a permitted use. The Planning Proposal also seeks to ensure a minimum delivery of non-residential land uses to maintain the objectives of B3 Commercial Core zoning of the site. The inclusion of residential accommodation as an additional permitted use is proposed to:

· allow a viable mix of commercial, community and residential uses necessary to facilitate the redevelopment of the site and thereby contribute to the revitalisation of the Penrith City Centre.

· encourage housing diversity and social inclusion by allowing the Australian Foundation for Disability (AFFORD), the owner of the site, to provide housing for people with a disability, senior’s housing and affordable housing within a mixed-use development on the site.

The Planning Proposal was reported to Council at the Councillor Briefings held on 4 May 2020, 9 November 2020, and 17 May 2021.

The Planning Proposal was presented to the Local Planning Panel (LPP) for advice on 23 September 2020. The LPP provided advice recommending matters that should be considered in assessing the Planning Proposal. This led to further amendments to the Planning Proposal, including to resolve key economic matters.

At its meeting of 26 July 2021, Council resolved to endorse to forward to Gateway a Planning Proposal to amend LEP 2010 to permit residential accommodation at 61-79 Henry Street, Penrith.

A Gateway Determination was issued by the Department of Planning and Environment (DPE) on 21 September 2021. Alterations to the Gateway Determination were subsequently issued by DPE on 25 November 2021 and on 7 April 2022. This related to altering the time frames set for the LEP, removing the requirement to submit planning proposal updates to DPE for endorsement before public exhibition and the condition on Adaptive Management Framework to confirm capacity prior to finalisation.

The Gateway Determination required further work to be completed, additional information to be submitted to Council and the Planning Proposal to be updated before it could be publicly exhibited. This included what the proposed amendments will deliver, types of affordable and diverse housing, community infrastructure benefits, housing supply analysis, consideration of access and mitigation of any traffic and intersection impacts resulting from the development, and further stormwater management and flood assessment.

The Gateway Determination also required consultation to occur with Transport for NSW (TfNSW) prior to public exhibition and the Planning Proposal being updated to reflect any changes arising out of the consultation. This was undertaken and TfNSW advised Council that it raised no objections to the Planning Proposal, however, provided some advisory comments for Council’s consideration, relating to:

· considering the Hawkesbury Nepean Flood Risk Management Strategy 2017;

· no access permitted to the Great Western Highway classified road;

· any excavation adjacent to a classified road;

· any stormwater discharge to TfNSW drainage exceeding pre-development flow;

· works on, or installation of, traffic signals on any road would require TfNSW approval; and

· supporting travel demand management near transport interchanges, such as maximum parking rates to reduce private vehicle travel and support sustainable transport modes.

These matters raised by TfNSW have informed the finalisation of the Planning Proposal or are relevant to a future development application for the site.

TfNSW responded that they raised no further comments to Council for consideration prior to exhibition and that they would provide a formal submission during the exhibition period. TfNSW also gave further advice on the process if upgrades to the Great Western Highway / Lawson Street intersection were proposed.

Satisfaction of the above matters enabled the Planning Proposal to progress to public exhibition.

Specifically, the Planning Proposal, as endorsed by Council for the purposes of public exhibition and exhibited, was to make the following amendments to the Penrith Local Environmental Plan 2010:

1. Amend Schedule 1 – Additional Permitted Uses to insert the following clause:

XX Use of certain land at 61-79 Henry Street, Penrith

(1) This clause applies to land at 61-79 Henry Street, Penrith being that is identified as “XX” on the Additional Permitted Uses Map.

(2) Development for the purposes of residential accommodation is permitted with development consent, if the development includes a minimum floor space ratio of 2:1 for non-residential purposes.

2. Amend the Additional Permitted Uses map to identify 61-79 Henry Street, Penrith as containing Additional Permitted Uses.

3. Add a “sunset clause” where the additional permitted uses clause will cease to exist five years after the date the LEP amendment is made.

4. Include a provision so that clause 4.6 does not apply to the minimum floor space ratio standards in the additional permitted uses clause for the site.

Letter of Offer to enter into a VPA

The Planning Proposal identifies the need for social infrastructure and transport infrastructure to support future development on the subject site. However, the Planning Proposal is not the mechanism to secure these works, so accordingly, the landowner has offered to enter into a VPA with Council to facilitate these works.

A draft Letter of Offer to enter into a VPA has been submitted to Council which outlines the landowner’s intention to deliver a range of infrastructure works. This draft Letter of Offer was exhibited in conjunction with the Planning Proposal. The proposed infrastructure works generally include:

· Diverse and affordable housing to be delivered on site for the lifespan of the development, which means these dwellings will not ‘time out’ after a certain number of years. The dwellings will be delivered in accordance with the following:

o A minimum of 15% of total approved dwellings on the site to be provided as seniors housing or housing for people with a disability (as identified in Part 5 of State Environmental Planning Policy (Housing) 2021), with at least 5% being provided for people with a disability;

o A minimum of 5% of total approved dwellings on the site to be provided as affordable housing for the lifespan of the development (as identified in Part 2 of State Environmental Planning Policy (Housing) 2021); and

o Note: As reported to Council on 26 September 2022, the mechanism for securing these dwellings for the lifespan of the development will be determined in the draft VPA which will be reported to Council prior to its notification.

· Public open space will be provided by way of a local park at least 0.3 hectares in total area. The open space will be publicly accessible, but privately owned and maintained.

· Road and infrastructure upgrades, including:

o A new roundabout at the intersection of Lawson Street and Soper Place, providing entry/exit to the site; and

o Road upgrades at the intersection of Lawson Street and Henry Street to help mitigate traffic.

The proponent has recently submitted a draft VPA for the subject site on 27 January 2023. A preliminary review of the draft VPA has been undertaken to determine the outcomes exhibited in the Letter of Offer have been reflected. The following has been identified and further work is required to be undertaken by the proponent to ensure the intended outcomes are achieved:

· The draft VPA does not address that the affordable and diverse housing component will be delivered for the lifetime of the development. Furthermore, the draft VPA does not identify the mechanism for securing the dwellings in perpetuity.

· The draft VPA does not address the minimum percentage of the nominated dwellings that will be provided for people with a disability.

· The draft VPA does not clearly address that the public open space will privately owned and maintained, but still be publicly accessible. This has not been clearly addressed in the Schedule of Works in the draft VPA.

These preliminary issues have already been brought to the proponent’s attention to ensure these matters can be promptly resolved. The proponent submitted an updated VPA on 6 March 2023, which is currently being reviewed. Further detailed feedback will be provided to the proponent once a comprehensive review of the updated draft VPA has been undertaken, including revision by Council’s Legal Services team. The draft VPA will be reported to a future Council meeting seeking endorsement for it to be notified.

Public Exhibition

The Planning Proposal, the draft Letter of Offer and the supporting documents were placed on public exhibition from 17 October 2022 to 14 November 2022. Exhibition material was available to view online at the:

· Council’s Your Say Penrith website;

· Civic Centre; and

· NSW Planning Portal.

The public exhibition was undertaken in accordance with the Gateway Determination, the community consultation requirements of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000, and Council’s Community Participation Plan.

A notice was placed in the Western Weekender for four consecutive weeks throughout the public exhibition period. Written notification was given to the landowners and occupiers of 354 neighbouring properties.

Public Submissions

Two public submissions were received during the public exhibition, one being a Penrith Local Government Area resident and the other being NSW Police Force in response to the notification, given the site is located adjoining Penrith Police Station. The public submissions are summarised below with a more detailed summary of the submissions and Council officer responses to these at Attachment 1. No changes are proposed to the Planning Proposal in response to the matters raised in the submissions as the matters raised for consideration are already addressed through Council’s current planning controls or are matters better addressed as part of a future development application.

The resident submission did not object to the Planning Proposal, noting it was an interesting proposal, but raised it would be good to include:

· varying car parking arrangements;

· high quality cycling facilities;

· high quality landscaping and advanced tree planting;

· increase in retail and commercial space; and

· hotel use

The NSW Police Force also did not object to the Planning Proposal but raised some issues for Council’s consideration, as follows:

· Ensure there are safeguards for pedestrians and cyclists, including at footpath/vehicle entry locations;

· Consider traffic flow in Henry Street, due to increased vehicular traffic;

· Ensure there is sufficient car parking for residents and businesses to minimise traffic congestion on and around Henry Street;

· Include sufficient and highlighted ‘Emergency Vehicle’ parking aligned to the buildings; and

· Any residential accommodation to have further police appraisal to determine and encourage relevant crime prevention through environmental design (CPTED) principles.

Public Authority/Organisation Consultation

During the public exhibition period, Council formally sought comment from several public authorities/organisations in accordance with the requirements of the Gateway Determination. Submissions were received from most of the authorities/organisations consulted, however at the time of writing this report a submission from Department of Planning and Environment – Resilience Planning remains outstanding. The DPE Regional Team are assisting Council officers with obtaining this submission.

Six submissions were received, which are summarised below with a more detailed summary of the submissions and Council officer responses to these at Attachment 2. No changes are proposed to the Planning Proposal in response to the matters raised in the submissions. Similarly to the public submissions, these are matters that are currently within Council’s current planning framework or are better addressed at the time a development application is lodged and there is more specific details of the proposal.

Transport for NSW (TfNSW)

· Provided confirmation that there is currently no planned or funded transport improvement projects that may require use of the land zoned SP2 Classified Road adjacent to the north of the site. The submission also outlined the process for obtaining endorsement for use of TfNSW land, should future redevelopment of their land be proposed;

· Future pedestrian demands and provision of pedestrian amenity improvements and safety measures resulting from the Planning Proposal;

· Vehicle trip generation analysis and required car parking to properly account for site being located within Penrith City Centre and being transit-oriented development; and

· Ensure loading and servicing demands can be wholly accommodated within the site.

Heritage NSW

· Based on the information provided there are currently no identified impacts on Aboriginal objects or places protected under the National Parks and Wildlife Act 1974, or State Heritage Register items protected under the Heritage Act 1977; and

· Ensure necessary heritage assessments are undertaken, and impacts addressed.

Endeavour Energy

· Confirmation that the advice of the submitted Utilities Infrastructure Report, dated December 2019, appears to be still relevant (although notes as it is three years old it should be updated), such as there is insufficient electricity capacity available to supply the development and that a new 11kV high voltage feeder will be required to be extended from Penrith Zone Substation; and

· As outlined in the attachment, the above matters raised by Endeavour Energy will be required as part of a future development application when details of the development and specific capacity requirements are known.

Sydney Water

· No objection, however, additional information is required to enable a full assessment of asset capacity, sizing or amplification to adequately plan for an uplift in demand.

SGSP (Australia) Assets Pty Ltd (branded as Jemena)

· No objection – it is noted that Sydney Primary gas main is within the reportable area, however the nature of the works will not impact Jemina works.

Telstra

· Telstra has significant network around the subject site;

· Discuss with Telstra on all road and footpath alterations along with proposed vehicle footpath cross over locations to prevent, as a minimum, any Telstra pits and manholes being located in vehicular or trafficable areas; and

· Any potential impact or change in the environment around Telstra network must be referred to Telstra as asset owner and authority for a warrant.

Adaptive Management Framework

Penrith City Centre is a river city within the Hawkesbury Nepean Valley Catchment which comes with risks and challenges particularly around flood evacuation. As a result, an Adaptive Management Framework (AMF) has been prepared by DPE to match development and greater resilience to flood management in the City.

When assessing development for the erection of a building for residential purposes on land in the Penrith City Centre, section 4.15(1)(a)(iv) of the Environmental Planning and Assessment Act 1979 requires Council to consider the AMF (see also section 92(1)(f) of the Environmental Planning and Assessment Regulation 2000).

Currently the Penrith City Centre has potential to deliver approximately 8,800 dwellings that are permissible under its planning controls. However, based upon the State Government’s flood modelling, it only has enough capacity in regional flood evacuation infrastructure to enable the safe evacuation (in a Probable Maximum Flood event) of an additional 4050 dwellings.

The AMF provides for development for the erection of a building for residential purposes in the Penrith City Centre to occur in 3 stages. The AMF proposes to deliver 14,500 dwellings to support Penrith as a Strategic Centre via the 3 stages, broken down as follows:

Stage 1 – 4050 dwellings

Stage 2 – additional 6000 dwellings

Stage 3 – additional 4000 dwellings

Each stage is managed through the issuing of construction certificates and will be unlocked as additional evacuation capacity is realised through the preparation and development of flood resilience measures by Council in collaboration with the NSW Government.

The Planning Proposal has been assessed to fall well within Stage 1. From Council’s records of pre-development applications, development applications under assessment, development approvals, current court proceedings, construction certificates, and dwellings the subject of a planning proposal, the maximum number of dwellings is approximately 54% of the 4050 dwelling cap for Stage 1. Accordingly, currently a construction certificate could be issued if consent is granted subject to a recommended condition. The granting of a construction certificate will however depend upon the timing of the granting of construction certificates for residential development on other sites within the Penrith City Centre.

It should be noted that approval of additional residential in the City Centre could remove capacity from other land already zoned if additional evacuation capacity is not found.

Next Steps

Should Council endorse the recommendation made in this report, it is anticipated that several processes will occur, which are described below:

· The proponent has recently submitted a draft VPA for the subject site on 27 January 2023. A preliminary review of the draft VPA has been undertaken to determine the outcomes of the exhibited Letter of Offer have been reflected. A number of issues have been identified and further work is required to be undertaken by the proponent to ensure the intended outcomes are achieved. These preliminary issues have already been brought to the proponent’s attention to ensure these matters can be promptly resolved. The proponent submitted an updated VPA on 6 March 2023, which is currently being reviewed. Further detailed feedback will be provided to the proponent once a comprehensive review of the updated draft VPA has been undertaken, including revision by Council’s Legal Services team.

· Once acceptable drafting of the VPA is resolved, a further report will be presented to a future Council meeting to seek endorsement of the draft VPA for public notification.

· Council will publicly notify the draft VPA, which will then be executed in relation to the subject site. It is noted that the Planning Proposal for the subject site, should it be endorsed by Council, will not be submitted for finalisation to DPE until the proposed infrastructure works in the draft Letter of Offer have been secured in an executed VPA, in accordance with the Council resolution of 26 July 2021 and 26 September 2022.

· Council will then submit the Planning Proposal to DPE in accordance with the LEP plan making process for finalisation and gazettal.

· DPE will finalise and gazette the LEP amendment sought by the Planning Proposal after receiving Council’s request for finalisation.

Financial Implications

To mitigate infrastructure funding risks associated with the inclusion of residential accommodation use on the subject site, Council will not submit the Planning Proposal for finalisation to DPE until the proposed infrastructure works offered in the draft Letter of Offer have been secured in an executed VPA, in accordance with the Council resolution of 26 July 2021 and 26 September 2022.

Risk Implications

The amended Gateway Determination, dated 7 April 2022, requires Council to complete the LEP amendment by April 2023. This is unlikely to be achieved, given the receipt of the draft VPA on 27 January 2023 and that negotiations with the proponent to draft an acceptable VPA are ongoing, which will then need to be reported to a separate Council meeting for consideration, be notified and then be executed. Only following this will the Planning Proposal be forwarded to DPE for finalisation and gazettal.

DPE provided advice that further timeframe extensions are unlikely to be granted unless there are extenuating circumstances and has encouraged Council to finalise the plan-making process as soon as possible. If these timeframes are not achieved, the Minister for Planning has the ability to ‘call in’ the Planning Proposal to be refused or made.

Council has had open dialogue and regular discussions with DPE, including noting the timing of receival of the draft VPA and ongoing negotiations with the proponent to draft an acceptable VPA with positive benefits for the Penrith community, consistent with the draft Letter of Offer submitted by the proponent. Therefore, DPE is aware of Council desire to progress the Planning Proposal to finalisation, subject to an acceptable VPA being executed. Accordingly, it is considered this would mitigate the risk of the Planning Proposal being called in, if there is delay beyond the required finalisation date.

Conclusion

The public exhibition of the Planning Proposal and draft Letter of Offer for 61-79 Henry Street, Penrith has concluded. This report has presented the outcomes of the public exhibition and consultation undertaken with public authorities/organisations.

A total of two public submissions and six public authorities / organisations submissions were received. No objection was raised. However, some submissions have raised matters for Council consideration and some submissions have outlined matters that are already addressed in Council’s current planning controls or are matters better addressed as part of a future development application. No amendments to the Planning Proposal are recommended following the exhibition feedback.

This report recommends that Council endorses the Planning Proposal, and that Council and the proponent continue to work towards finalisation of an acceptable VPA Offer, which is to be reported to a future Council meeting for consideration. This report also recommends that the Planning Proposal be forwarded to DPE in accordance with the LEP plan making process, after the VPA has been executed.

RECOMMENDATION

That:

1. The information contained in the report on Planning Proposal and draft Voluntary Planning Agreement Letter of Offer for 61-79 Henry Street, Penrith - Post Exhibition be received

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

3. The General Manager be granted delegation to:

a. make any necessary minor typographical changes to the Planning Proposal, consistent with Council’s adopted policy position; and

b. execute all necessary documents and undertake all necessary actions to give effect to Council’s decision to make the LEP amendments.

4. Council and the proponent continue to work towards finalisation of an acceptable VPA Offer, which is to be reported to a future Council meeting for consideration.

5. Council officers forward the Planning Proposal to the Minister for Planning with a request to make the LEP amendment, after the VPA has been executed.

6. Council notify those who made submissions and provided feedback when the LEP amendment is made.

ATTACHMENTS/APPENDICES

1. ⇩	61-79 Henry Street, Penrith - Detailed summary of public submissions and officer responses	5 Pages	Attachments Included
2. ⇩	61-79 Henry Street, Penrith - Detailed summary of public authority submissions and officer responses	8 Pages	Attachments Included

Ordinary Meeting 20 March 2023

Planning Proposal for Affordable Rental Housing Contributions for Glenmore Park Stage 3 & Orchard Hills North

Compiled by: Kathryn Sprang, Senior Planner

Natalie Stanowski, Principal 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	Ensure services, facilities and infrastructure meet the needs of a growing population through the contributions framework

Previous Items: 2- Affordable Housing Contribution Scheme for Glenmore Park Stage 3 and Orchard Hills North- Councillor Briefing- 16 May 2022 7:00PM

6- Affordable Rental Housing Contribution Scheme Planning Proposal- Ordinary Meeting- 25 Jul 2022 7:00PM

2- Planning Proposal for Affordable Rental Housing Contributions for Glenmore Park Stage 3 & Orchards Hills North- Councillor Briefing- 13 Mar 2023 7:00PM

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

Executive Summary

The purpose of this report is to present the outcomes of the public exhibition of the Planning Proposal for an Affordable Rental Housing Contribution Scheme (the Scheme) for Glenmore Park Stage 3 and Orchard Hills North. The report also introduces a proposed affordable housing contribution implementation policy, to support the implementation of the scheme.

Council has a longstanding policy position under Penrith Sustainability Blueprint for Urban Release Areas which seeks the provision of 3% affordable housing for all its release areas. This is not a statutory document and as such the only mechanism currently available to ensure the delivery of affordable housing is by negotiating this through a Voluntary Planning Agreement (VPA), which can be challenging. The Planning Proposal would seek to translate this into a statutory instrument which would provide certainty and transparency on affordable rental housing contributions rates for each precinct and site.

The Planning Proposal seeks to enable Council to collect Affordable Rental Housing contributions from the development of Glenmore Park Stage 3 and Orchard Hills North for the delivery of Affordable Rental Housing within the Penrith Local Government Area (LGA).

The Planning Proposal was placed on exhibition between 17 November to 19 December 2022. Council received a total of 5 submissions during the exhibition. A range of matters were raised in submissions, including a request for a reduction in the contributions rate and requested changes to the scope of the application of the scheme. The majority of submissions supported the introduction of the Scheme. As a result of submissions, some changes to the Scheme are proposed.

To support the Scheme and provide a clear governance framework, an Affordable Rental Housing Contribution Implementation Policy (the Policy) has been prepared. The Policy will outline the expression of interest process to nominate a Community Housing Provider (CHP) and the responsibilities of the CHP as well as Council in contributions received through the Scheme.

This report recommends that Council endorses the Planning Proposal for finalisation and the draft Implementation Policy for public exhibition.

Council officers are continuing to progress Stage 2 of Council’s Affordable Rental Housing Contributions framework, which is a City-wide scheme. The Stage 2 Scheme will be reported to a future Council meeting this year.

Background

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

Council resolved at its Ordinary Meeting of 25 July 2022 to submit the Planning Proposal for the Affordable Rental Housing Contribution Scheme for Glenmore Park Stage 3 and Orchard Hills North to the Minister for Planning, with a request to issue a Gateway Determination. The Planning Proposal, if made, would enable Council to collect Affordable Rental Housing contributions from the development of Glenmore Park Stage 3 and Orchard Hills North for the delivery of Affordable Rental Housing in the Penrith Local Government Area (LGA). Council also resolved that where a Gateway Determination was received, that the Planning Proposal be publicly exhibited. The Planning Proposal was also presented to Council’s Local Planning Panel on 22 June 2022 to obtain advice. Council was briefed on the 13 March 2023 regarding results of the public exhibition and recommended next steps.

The draft Affordable Rental Housing Contribution Scheme

The draft Scheme is a Council led document which sets out where contributions will be collected, the rate of contributions and how they will be collected. Council engaged Atlas Urban Economics to develop the Scheme. The Scheme proposes contributions are to be collected at subdivision stage through conditions of consent for residential land within the urban release areas of Glenmore Park Stage 3 and Orchard Hills North. The below contribution rates were publicly exhibited and are proposed for eligible residential development in the nominated urban release areas and are based on net developable area:

Exhibited draft Affordable Rental Housing Contributions Rates for Orchard Hills North:

Year of Commencement	Contribution per ha NDA	Equivalent Contribution per ha NDA	Average cost per dwelling
2024	$76,000	1%	$7,674
2027	$152,000	2%	$7,674

Exhibited draft Affordable Rental Housing Contribution Rates for Glenmore Park Stage 3:

Year of commencement	Contribution per ha NDA	Equivalent Contribution per ha NDA	Average cost per dwelling
2024	$152,000	2%	$16,618
2027	$304,000	4%	$16,618

The proposed rates were based on a range of considerations including development feasibility, market notice and other existing contribution rates. The rates are proposed to be staged to ensure the market is provided notice and certainty. Additionally, natural market growth over time will also assist to offset any potential impact.

It is important to note that local contribution plans for both precincts are still subject to an IPART review and are yet to be finalised. When the local contribution rates have been finalised, a review of the rates will be carried out to determine if the proposed rates are suitable, or if they need to be reconsidered to ensure development remains viable. The viability and impact on development feasibility is a requirement under the Department of Planning and Environment’s Guideline for Development an Affordable Housing Contribution Scheme.

This planning proposal forms part of the first stage in Council’s affordable rental housing work. The Planning Proposals for Glenmore Park Stage 3 and Orchard Hills North have been adopted by Council on the 12 December 2022 and are anticipated to be made shortly, which is why these two urban release areas have been progressed ahead of an LGA wide scheme. Stage 2 of Council’s Affordable Rental Housing Contributions framework, which is a City-wide scheme is continuing to be progressed and is to be reported to a future Council meeting this year.

Gateway Determination

The Planning Proposal was submitted on the NSW Planning Portal on 28 July 2022. The Department of Planning & Environment (DPE) requested amendments to the Scheme prior to issuing the Gateway Determination that included simplifying the proposed contribution rates, from two applicable rates per precinct to just one rate for each precinct. Following the amendment, a Gateway Determination was received on 22 October 2022 with conditions requiring that the LEP should be completed on or before March 2023 and at the same time or prior to the finalisation of the planning proposal for Glenmore Park Stage 3 and Orchard Hills North. The Gateway Determination conditions also required other minor amendments were made to the Scheme including:

• A clear framework to avoid double dipping of contributions

• Clarification included on how to avoid inadvertently collecting contributions on affordable or social housing delivered after subdivision

• Rectification of minor typographical errors

Public Exhibition and Submissions

The Planning Proposal was publicly exhibited from 17 November to 19 December 2022. The public exhibition was undertaken in accordance with the Gateway Determination and the Environmental Planning & Assessment Act, 1979 (‘The Act’) requirements.

Notification letters, including a detailed fact sheet, were sent to all landowners in Glenmore Park Stage 3 and Orchard Hills North. The letter provided landowners with the opportunity to meet with Council Officers to answer questions on the proposal. The Planning Proposal was made available to the public to view on Council’s Your Say page. Physical copies of the Planning Proposal were made available at Council Civic Centre, St Marys Business Office and Penrith and St Marys libraries. The exhibition was advertised on Council’s web site and was available on the NSW Planning Portal. The Planning Proposal was also advertised for 5 consecutive weeks in the Western Weekender newspaper.

Correspondence was also sent to the Property Council of Australia (NSW) and Urban Development Institute of Australia (UDIA) advising of the commencement of the public exhibition. No further correspondence was received in response from either party.

State Government Referrals

In accordance with the Gateway Determination, the Planning Proposal was also referred to NSW Rural Fire Service (RFS) and DPE – Housing Policy Team.

A referral response from NSW RFS was received on 9 February 2023 and raised no concerns or matters for further Council consideration. A referral response from DPE – Housing Policy Team was received on 2 March 2023 and noted that the amendments made were satisfactory to address Condition 1 of the Gateway Determination.

Submissions

A total of 5 submissions were received during this exhibition period from a landowner, Mirvac and Vianello (major landowners within Glenmore Park Stage 3), Community Housing Institute of Australia NSW (CHIA) and Shelter NSW. The proponent for the Orchard Hills North Planning Proposal, Legacy, did not make a submission.

Council officers and the consultants assisting with the preparation of the planning proposal have reviewed the submissions. Key matters raised in the submissions and responses are provided in the table below:

Matter

Response

Impact to landowners

· A capital gains tax that will inflate rents.

· The contribution should be paid by developers not landowners

Affordable rental housing contributions will be imposed as a condition of consent when additional residential development is approved on the land. It is not a capital gains tax and will only be imposed when the land is redeveloped for residential purposes.

Recommendation for Implementation

· That Council works with CHPs to achieve housing delivery objectives and that the monetary funds collected through the proposed scheme are provided to a CHP nominated by Council to build new affordable housing in the LGA.

· Affordable Rental Housing as delivered under the proposed Scheme should remain as Affordable Rental Housing in perpetuity.

· It is proposed that funds are provided to a nominated CHP to deliver, own, maintain and manage Affordable Housing in Penrith LGA.

· Funds are proposed to be transferred to a CHP, on the condition that all affordable rental housing delivered will be retained for that purpose in perpetuity.

· An Affordable Rental Housing Contribution Implementation Policy (the Policy) has been prepared.

Higher contribution rates sought

Contribution rates should be between 10-15% to align with the targets set within the Greater Cities Commission (GCC), “The Six Cities Region Discussion Paper”.

The draft Scheme was underpinned by a feasibility assessment. The proposed rates were determined based on a range of factors including the capacity of future development to contribute to affordable rental housing. Adopting a contribution rate of 10% or greater would not be feasible in the two nominated areas. Viability and development feasibility is a consideration under the DPE “Guideline for Developing an Affordable Housing Contribution Scheme”.

Application to non-residential development

The scope of Affordable Rental Housing should be extended beyond residential and apply to any major rezoning for commercial or industrial development.

The DPE “Guideline for Developing an Affordable Housing Contribution Scheme” specify that affordable rental housing schemes are to apply to re-zonings that enable greater residential density. There are currently no provisions to capture affordable housing contributions for commercial and industrial development.

Changes sought to state policy

Council requested to lobby DPE to waive viability tool testing undertaken for Affordable Rental Housing contribution rates, especially when proposed rates sit within the 10-15% range

Affordable housing contribution rates should be supported by feasibility testing to ensure feasible development can still be achieved.

Tracking affordable rental housing

Request DPE assistance to create a local Affordable Rental Housing register to track approval, development, timeframes and locations of Affordable Rental Housing made possible by the Scheme.

Monitoring and reporting of affordable rental housing is supported and will be required of Council’s nominated CHP and included in the Affordable Rental Housing Contribution Implementation Policy (the Policy) which will be exhibited for further comment and input.

Voluntary Planning Agreement (VPA)

Mirvac’s Letter of Offer to Council included an offer to deliver 37 dwellings outside of the Glenmore Park Stage 3 site, within the Penrith LGA, in partnership with a Community Housing Provider.

Mirvac intend that this would satisfy all requirements to provide affordable housing in relation to the development of the Mirvac land within Glenmore Park Stage 3.

The draft Scheme will apply to all land within the GP3 & OHN precincts, including private landowners.

To ensure transparency and fairness to all landowners, the Scheme will be the primary mechanism for affordable housing contributions in those precincts.

However, Council may consider offers through a VPA, where they are above and beyond the Scheme.

Impact to Viability

· The proposed affordable rental housing contributions had not been factored into project feasibility at the time land prices were negotiated. This will impact viability.

· Lot servicing costs and marketing costs have been underestimated.

· The scheme is underpinned by extensive feasibility testing to ensure the proposed contributions are feasible. A staged approach has also been adopted to provide market notice.

· In respect to servicing the lots, the feasibility analysis disregards extraordinary market movement (revenue) during the 2020-2021 period. The revenue assumptions were adjusted downwards from prices observed over 2020-2021. The same applies to cost movements. The feasibility analysis conservatively does not assume market growth and therefore the impacts to feasibility are likely overstated in the modelling.

· For a project of a scale of 2,330 dwellings, efficiencies of scale can be achieved and accordingly a lower marketing rate would be expected. Therefore, no amendments are proposed to the marketing cost assumptions.

Lower dwelling yield and increased development contribution rates in GP3

· The overall dwelling yield in GP3 has been reduced. This will decrease gross revenue and increase the local development contributions per dwelling.

· The local development contribution plans proposed in GP3 have been revised (increased) and this has not been updated in the Scheme.

· Proposed rates for GP3 should be the same as Orchard Hills North (OHN).

It is acknowledged that since the preparation and exhibition of the Scheme, dwelling yields in GP3 have slightly reduced and development contribution rates have increased.

Council’s consultants Atlas Urban Economics have reviewed the feasibility testing in light of the above changes and changes are proposed in response.

Even in consideration of the reduced rates for GP3 feasibility testing has demonstrated that there is a greater capacity for GP3 to contribute to affordable rental housing contribution rates than OHN.

These matters are discussed further in the report.

State Voluntary Planning Agreements
State development contributions for GP3 have been underestimated in the Scheme.

State VPAs currently under negotiation have been factored into the feasibility testing and amendments have been made to the scheme in response.

Equity of application of Net Developable Area (NDA)

The proposed rates in the scheme are undertaken on an average dwelling density basis, this is not equitable as some areas have lower densities. The contribution rate should be per dwelling or different rates for different areas calculated on the maximum yield from each defined area.

· Several ways to apply rates were tested. Given that these precincts have a range of densities proposed the NDA application with an average density applied will be an equitable application across the board.

· Minority landholders in the precincts with lower density land zonings are anticipated to recoup the contribution cost through higher sale prices for single dwellings.

· The NDA application is the most administratively suitable and less risk adverse for Council.

Proposed Amendments to the draft Scheme

In light of the reduced dwelling yields for GP3 and proposed increases to local contribution rates and State VPAs under negotiation, the capacity for development in Glenmore Park Stage 3 to contribute an affordable rental housing contribution is now lower. Revised feasibility testing by Atlas Economics has recommended amended rates as below:

Amended Affordable Rental Housing Contribution Rates for Glenmore Park Stage 3:

Year of commencement	Contribution per ha NDA	Equivalent Contribution per ha NDA	Average cost per dwelling
2024	$76,000	1%	$11,966
2027	$228,000	3%	$11,966

The rates are proposed to continue to remain greater than the rates for Orchard Hills North. This is due to the feasibility testing indicating that GP3 has the capacity to contribute greater than OHN. This is primarily due to the substantial local contribution rates that are proposed for Orchard Hills North.

There are no changes proposed to the contribution rates for Orchard Hills North, which are to remain as exhibited. However, it is noted that the local contribution rates for both precincts have not been finalised and are still subject to an IPART review. When the local contribution rates have been finalised, a review will be carried out to determine if the capacity for development in both precincts to provide affordable rental housing contributions has increased or decreased, based on the finalised local contributions.

Feasibility Hurdle rates

The following performance indicator assumptions were used by Atlas Urban Economics to determine the feasibility of an affordable rental housing contribution for each urban release precinct.

Performance Indicator	Feasible	Marginal-to feasible	Not feasible
Development Margin	>20%	18-20%	<18%
Project IRR (>10 yrs)	>17%	16-17%	<16%

Each urban release area has demonstrated feasibility with the performance indicators, as set out below:

Performance Indicator	OHN without ARHCS	OHN with ARHCS	GP3 without ARHCS	GP3 with ARHCS
Development Margin	54.4%	51.7%	58.7%	58.1%
Project IRR (>10 yrs)	20.6%	20.2%	17.6%	17%

The impact of an Affordable Rental Housing Contribution is feasible with the impact on profit being marginal. The above figures also do not provide for natural market growth which will occur over the development period and is likely to further offset any impact on profit and internal rate of return.

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

Glenmore Park Stage 3 and Orchard Hills North are subject to two separate planning proposals. These areas are proposed to be rezoned for increased residential development. Both Planning Proposals were adopted by Council on the 12 December 2022 and are anticipated to be made shortly. Draft 7.11 local contribution plans are still being finalised for both proposals, noting that they will also still need to be reviewed by IPART prior to being made. As stated above, Council officers will undertake a further review once the local contributions have been finalised to determine that development continues to have the capacity to contribute to affordable rental housing contributions. If warranted, the affordable rental housing contributions rates may be revised. Additionally, VPAs (Council and State) are also still being negotiated and finalised for both precincts. Council VPAs will also be reported to a future Council meeting for consideration.

If made, the LEP clause will be triggered when development consent is sought in Orchard Hills North and Glenmore Park Stage 3, when the rezoning of these precincts occurs. The LEP clause will enable the requirement of an affordable housing contribution as a condition of consent for future development applications in these areas.

Given both planning proposals have been adopted by Council for residential rezoning, it is important that if Council endorses the proposed LEP amendments to enable the collection of an affordable rental housing contribution that it is in force prior to, or at the same time as the LEP amendments that will facilitate rezoning of the two nominated precincts. This was also a condition of the Gateway Determination.

Draft Affordable Rental Housing Contribution Implementation Policy

The Scheme identifies that Council will provide an Affordable Rental Housing Contribution Implementation Policy (the Policy) for the purposes of outlining how funds raised under the Scheme will be used, governance practices and reporting requirements.

The draft Policy (Appendix 1) has been developed through discussions with Atlas Urban Economics and other internal Council departments including Property, Risk & Audit Coordinator and City Activation, Community and Place. Additionally, Council’s Risk and Audit Coordinator and City Activation, Community and Place departments have undertaken a detailed review of the final draft version of the policy. Consultation has also been undertaken with other Council’s that have already implemented Affordable Rental Housing Schemes.

The proposed Policy includes the following key provisions:

• 5-year term of contract for the nominated CHP, in accordance with the Scheme.

• Expression of Interest process to select the nominated CHP, including assessment criteria.

• Remittance of all affordable rental housing contribution funds to the nominated CHP.

• Nominated CHP to develop, own, maintain and manage the stock delivered, in accordance with the Scheme.

• Annual reporting requirements for the nominated CHP to Council.

• Council review to be carried out and findings to be reported to Council.

It is recommended that the policy is to be publicly exhibited for a minimum 28 days to provide CHPs an opportunity to provide feedback to Council and ensure a transparent process and robust policy.

Next Steps

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

1. Request to Parliamentary Counsel to draft the LEP amendment.

2. Council officers forward the Planning Proposal to the Minister for Planning and Parliamentary Counsel with a request to make the LEP amendment.

3. Council notify those who made submissions and provide feedback when the LEP amendment is made.

4. Council officers will publicly exhibit the Implementation Policy for a minimum 28 days.

5. If submissions are received in response to the public exhibition of the policy a further report will be presented to Council, detailing the results of the exhibition and recommendations. However, if no submissions are received the policy is to be adopted and come into effect.

Stage 2 - Citywide Affordable Rental Housing Contributions Scheme

Council officers are continuing to progress Stage 2 of Council’s Affordable Rental Housing Contributions framework, which is a City-wide scheme. At this time, DPE’s “Guideline for Developing an Affordable Housing Contribution Scheme” (the guidelines) does not enable City-wide schemes that are not directly in response to rezoning or proposed residential uplift. DPE have historically required that any proposed affordable housing contribution schemes are aligned with the guidelines. However, Waverly Council recently received a gateway determination for an affordable rental housing scheme which would seek to apply a broad base low rate for all new residential flat buildings in Waverly LGA and is therefore not in accordance with DPE’s guidelines.

Given Council’s continuing commitment to deliver more affordable housing in Penrith LGA and Waverly Council’s gateway determination for a similar LGA wide scheme, it is intended that a City-wide scheme will still be pursued. The Stage 2 Scheme will be reported to a future Council meeting this year.

Financial Implications

The Scheme allows Council to collect contributions for the delivery of affordable rental housing in the Penrith LGA. Contributions received from Glenmore Park Stage 3 and Orchard Hills North will be remitted to a nominated CHP and affordable rental housing can then be provided in areas close to transport and access to services. The Policy sets out responsibilities for Council and the nominated CHP to ensure the delivery of affordable rental housing in Penrith LGA.

Risk Implications

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

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

Conclusion

The public exhibition of the Planning Proposal for an Affordable Rental Housing Contribution Scheme for Glenmore Park Stage 3 and Orchard Hills North has concluded. This report has presented the outcomes of the public exhibition resulting in amendments to address matters raised in the submissions and introduced the Affordable Rental Housing Contribution Implementation Policy.

A total of 5 submissions were received and amendments to the Scheme are outlined to address contribution rates in Glenmore Park Stage 3 to address viability.

This report recommends that Council endorses the amended Planning Proposal for finalisation and the Implementation Policy to proceed to public exhibition.

RECOMMENDATION

That:

1. The information contained in the report on Planning Proposal for Affordable Rental Housing Contributions for Glenmore Park Stage 3 & Orchard Hills North be received

2. Council endorses the Planning Proposal presented in this report and which has been provided to Councillors as a separate enclosure.

3. The General Manager be granted delegation to execute all necessary documents and undertake all necessary actions to give effect to Council’s decision to make the LEP amendment.

4. Council officers forward the Planning Proposal to the Minister for Planning and Parliamentary Counsel with a request to make the LEP amendment.

5. Council notify those who made submissions and provided feedback when the LEP amendment is made.

6. Council endorses the draft Affordable Rental Housing Contribution Implementation Policy for public exhibition, provided as an attachment to this report.

7. Council endorses the draft Affordable Rental Housing Contribution Implementation Policy to come into effect after the public exhibition period, where no submissions are received during the public exhibition period and no amendments are proposed.

ATTACHMENTS/APPENDICES

1. ⇩

Draft Affordable Rental Housing Contribution Implementation Policy

5 Pages

Attachments Included

Ordinary Meeting 20 March 2023

RFT 22/23-011 Great Western Highway Railway Bridge, Emu Plains - Protection Screen Works

Compiled by: Gowry Gowrythasan, Civil Operations Engineer

Isaac Mann, Transport Engineer

Joshua Hull, Traffic Engineering Coordinator

Authorised by: John Gordon, City Presentation Manager

Brian Steffen, Director - City Services

Outcome	We manage and improve our built environment
Strategy	Plan for and maintain accessible, safe and high quality infrastructure
Principal Activity	Provide technical advice and work collaboratively with stakeholders to development and implement road safety programs

Executive Summary

A tender for the design and construction of protection screens on the Great Western Highway Railway Bridge, Emu Plains, was advertised on 22 November 2022 on Apet360 and closed on 25 January 2023 at 11.00am.

This report recommends that all tenders received for RFT 22/23-011 Great Western Highway Railway Bridge, Emu Plains, Protection Screen Works be rejected and delegate Penrith City Council’s General Manager and/or their delegates an authority to negotiate a tender outcome and bring back a recommendation to a future meeting of Council for award.

Background

Council is currently constructing Stage 2 of the Great Western Highway, Emu Plains Shared Path Project which includes an 850-metre-long shared path link between Brougham Street and the Knapsack Viaduct Trailhead. This project was endorsed by the Local Traffic Committee at its meeting on 11 October 2021 and subsequently adopted at the Ordinary Council Meeting on 25 October 2021. The Stage 2 path alignment is provided below.

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Stage 2 Shared Path Alignment

The path alignment crosses the Great Western Highway Overline bridge which is owned by Sydney Trains and situated on Sydney Trains land at Emu Plains in both the Blue Mountains and Penrith Local Government Areas. The bridge is a prestressed concrete unit type structure of dimensions 23 metres long by 15 metres wide. It was constructed with a concrete unit on brick/masonry abutments carrying a span of concrete deck and provides a vertical clearance of 5.7 metres and a load capacity rating of T33.

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Great Western Highway Overline Bridge, Emu Plains - Bridge boundaries marked with red lines and underneath the bridge with blue lines.

Following consultation with Sydney Trains, Council Engineers attended the Gateway 2 of the Configuration Control Board (CCB) meeting on 7 October 2021 to present the project and provide a concept plan for minor bridge deck works, including kerb works, milling/re-sheeting, and delineation. However, Sydney Trains requested Council deliver a protection screen adjacent to the path along the southern side of the bridge to replace the existing fencing as per the requirements of the Asset Standards Authority (ASA). As such, a tender for the design and construction of protection screens was advertised on 22 November 2022 and closed on 25 January 2023 at 11.00am.

Tender Evaluation Criteria

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

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

• Company Profile

• Conformance, Acceptance and Declaration

• Business References

• Completion of Forms Tender Price submitted

• Compliance and Conflicts of Interest

• Demonstrated Ability and Capacity to Perform the Works

• Works Method and Program

• Local Business Preference

• Financials

• Employment Policies

• Quality Assurance Systems

• Environmental Management Systems

• Work Health and Safety

Summary of Tenders Received

A total of four (4) tenders were received by the closing date of the advertised tender.

Tenderers were required to provide a lump sum, rates for variations, and provisional rates for tender alternatives. The tenderers are listed in alphabetical order below. Pricing is not listed so as not to prejudice the proposed negotiation process.

Company	Company Address
CERTUS PROJECTS PTY LTD	Level 3, 10 King Street, Rockdale, NSW, 2216
GC CIVIL CONTRACTING PTY LTD	60 Doyle Ave, Unanderra, NSW, 2526
METWEST ENGINEERING PTY LTD	18 Lee Holm Rd, St Marys, NSW, 2760
RKR ENGINEERING PTY LTD	Unit 3, 10 Johnston Crescent, Horsley Park, NSW, 2175

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Gowry Gowrythasan, Civil Operations Engineer, Joshua Hull, Traffic Engineering Coordinator, Isaac Mann, Transport Engineer, and was chaired by John Gordon, City Presentation Manager. Laura Stott, Procurement Business Partner, performed the role of tender administration and probity officer for this tender.

Tender Evaluation Process

The tender panel evaluated the tenderers based on the evaluation criteria advertised.

The panel determined that GC Civil Contracting Pty Ltd did not comply with the RFT essential criteria as they are not a Transport for NSW (TfNSW) Technically Assured Organisation (TAO) for railway bridge and structure works. The scope of works and costing submitted by Certus Projects Pty Ltd was beyond the tender requirements and exceeded budget.

Metwest Engineering Pty Ltd and RKR Engineering Pty Ltd had acceptable effectiveness scores, however, the submissions relied on key assumptions including the structural integrity of the existing bridge to support the proposed protection screens. A structural assessment following the award of the contract may determine the existing bridge structure will not support the imposed loading, and a variation would be required for additional support works which may dramatically increase the contract scope and exceed the project budget. The panel is of the opinion that calling for fresh tender would result in attracting the same businesses with same response and project will be further delayed.

Under the Local Government (General) Regulation 2021 (Clause 178(1)(b)), Council may decline to accept any tenders and resolve to enter into negotiations with any person with a view to entering into a contract in relation to the subject matter of the tender. Reasons must be given for the determination to enter into negotiations.

After reviewing all tender submissions and effectiveness scores, the Tender Evaluation Committee is of the opinion that all tenders be rejected, and Council authorise the General Manager to negotiate an acceptable tender outcome.

Completing a negotiation process will allow for a review of additional funding sources, value engineering, industry innovation, revision of scope, revised pricing and work programs to ensure works can be completed within suitable timeframes for the project to be awarded. A probity adviser will be appointed to develop a probity plan for the negotiation process.

Financial Implications

Included in the assessment of tenders has been the commissioning of independent reference checks, detailed financial and performance analysis on the two shortlisted companies. These checks are being completed by Equifax Australasia Credit Ratings Pty Ltd and will be reported with the recommendation of the negotiations.

The project will be fully funded by the $1.8 million Transport for NSW 2020-2021 Active Transport Program. Should additional funding be required for this project, Council will be making a submission to TfNSW. No Council funds will be spent on this project, with the funding provided covering the project management costs incurred by Council.

The new protection screen will become an asset of Sydney Trains, with ongoing maintenance and asset renewal costs being met by Sydney Trains.

Tender Advisory Group Comments

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

The TAG considered the recommendations in relation to the tender RFT 22/23-011 Great Western Highway Railway Bridge, Emu Plains, Protection Screen Works, noting that further investigation of the structural integrity of the bridge is required before the cost of the protection screen works can be reliably estimated. It was also noted that, while the tenders received may still provide the opportunity to ensure the best value for money, further negotiation is required. The decision to decline all tenders and authorise the General Manager to negotiate an acceptable outcome is supported. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied during the assessment process.

Risk Implications

The tender process outlined in this report includes controls regarding probity and ensuring value for Council, overseen by the Tender Advisory Group. The works will be undertaken in accordance with Work Health & Safety systems.

Conclusion

The Tender Evaluation Committee is of the opinion that calling for fresh tender would result in attracting the same businesses with same response and the project will be further delayed.

It is therefore recommended that Council reject all tenders and enter negotiations and bring back a recommendation for the award of tender to a future Ordinary meeting.

RECOMMENDATION

That:

1. The information contained in the report on RFT 22/23-011 Great Western Highway Railway Bridge, Emu Plains - Protection Screen Works be received.

2. Council decline to accept any tenders received due to the qualification required on the structural integrity of the bridge which is a Sydney Trains asset.

3. Council resolve to enter into negotiations with the companies that submitted conforming responses and, as tenders have already been received from qualified and experienced contractors, fresh tenders are not likely to present a more advantageous result to Council

4. The General Manager and/or their delegate be authorised to negotiate.

5. A recommendation on the outcome of the negotiations be reported to Council for award of the tender.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 20 March 2023

RFT22/23-019 Plumbing Maintenance Tender

Compiled by: Joshua Martin-Lewis, Asset Coordinator - Buildings and Services

Allan Berry, Operations Coordinator – Cross City

Authorised by: John Gordon, City Presentation Manager

Brian Steffen, Director - City Services

Outcome	We manage and improve our built environment
Strategy	Ensure our public places are clean, safe, shaded, secure and accessible
Principal Activity	Improve the amenity of the City’s Public spaces

Executive Summary

A tender for the “Panel of Approved Contractors” for Plumbing Maintenance was advertised on 12 October 2022 on Apet360 and e-tendering websites and closed on 13/12/2022.

The report advises Council on the outcome of the tender process and recommends that Council accepts tenders from the companies listed in the recommendation of this report to form a “Panel of Approved Contractors” for the provision of Plumbing Maintenance Works for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods by mutual agreement, and subject to satisfactory performance.

The report recommends that B & G Enterprises PTY LIMITED be awarded as the Primary Plumbing Maintenance Tenderer for all reactive plumbing maintenance up to a value of $50,000 and all scheduled plumbing maintenance.

Further, that B & G Enterprises PTY LIMITED, Franklin’s Plumbing Services t/a/ Franklins Plumbing Services Pty Ltd and HIX GROUP PTY LIMITED form the panel of approved contractors for Panel of Plumbing Maintenance Tenderers - Reactive Maintenance works.

Background

Council initially established agreements for the provision of various building trade services in December 2000, following a public tender process to create a list of preferred contractors. These agreements have worked successfully over this time period with four public tender processes being run since its inception.

Over the last 3 financial years there have been an average of 725 reactive maintenance work orders issued for plumbing maintenance annually at an average total cost of $396,308.76.

Based on the success of the previous and current panel agreements, a new tender for Plumbing Maintenance was advertised with an expanded scope including scheduled maintenance works to provide preventative maintenance at a set cost to assist with reducing the reactive maintenance costs.

Tenderers were required to submit their tender through the Apet360 Portal, which clearly identified the required response against each of the evaluation criteria. Tenderers were also required to complete a price schedule, setting out the unit rates for plumbing trades and scheduled maintenance work, including set price for regular maintenance requirements, spare parts and installations.

It was specified in the tender documents that Council would select one primary contractor to complete all reactive plumbing maintenance works up to a value of $50,000 and complete all the identified scheduled maintenance works, with the remaining conforming tenderers to form a panel of approved contractors having the ability to quote on maintenance and upgrade works.

Council does however reserve the right to seek quotations and award work based on quotations from the members of the Panel, for any work. Council will seek quotations from all members of the Panel for works with an estimated value of over $50,000.

Tender Evaluation Panel

The Tender Evaluation Committee consisted of Joshua Martin - Asset Coordinator, Allan Berry - Operations Coordinator – Cross City, Sid Wilson – Scheduled Building Maintenance Supervisor and was chaired by John Gordon - City Presentation Manager. Allyce Langton from Council’s Procurement team performed the role of tender administration officer, with Bill Stanley performing the role of Probity Advisor.

Tender Evaluation Criteria

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

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

• Company Profile and Demonstrated ability

• Conformance, Acceptance and Declaration

• Response Time

• Financial capability

• Local Business Preference

• Employment Policies

• Quality Assurance Systems

• Environmental Management Systems

• Work Health and Safety

Evaluation Process

The process for the evaluation of tenders was as follows:

1. Initial review of tenders to determine compliance with the evaluation criteria including the ability to provide the full range of services specified.

2. Assessment of costs based on the unit rates tendered and the capacity of the company to perform the services;

3. Determination of a short-list based on the best rankings from 1 and 2 above;

4. Further evaluation of the short-listed companies through:

- Independent Financial Risk Analysis

- Independent Referee Checks

Summary of Tenders Received

A total of 14 submissions were received in response to the advertised tender. All tenders as listed in alphabetical order were included in the initial evaluation:

Company	Company Location	Directors
B & G Enterprises PTY LIMITED	Jamisontown NSW 2750	Grahame Gunton, Matthew Gunton
CHIPS PROPERTY TRADE SERVICES	Wetherill Park NSW 2164	Paul Giordano, James Axiak, Paul Koller
CRG Plumbing & Maintenance t/a CRG Plumbing & Maintenance Pty Ltd	Campbelltown NSW 2564	Cameron Garcia, Renee Garcia
Cushman & Wakefield Facility Services Australia	Adelaide SA 5033	Christopher Todd Smith, Jonathan McCormick
EKORP PLUMBING PTY LTD	Brighton Le Sands NSW 2216	Emilio Kalotinis
Franklin’s Plumbing Services t/a/ Franklins Plumbing Services Pty Ltd	Mount Druitt NSW 2770	Shane Franklin
GEGE CONSTRUCTIONS PTY LTD	Liverpool NSW 2170	Saman Al-Zohairy
HIX GROUP PTY LIMITED	Penrith NSW 2750	Ian Hicks, Director, Group Operations Manager Lea Hicks, Group General Manager
JETBLACK PLUMBERS PTY LIMITED	Rouse Hill NSW 2155	Joshua Nicholls
KENMOR Pty Ltd ta Laser Plumbing Picton	St Marys NSW 2760	William Morris, Mitchell Quirk
NEVER STOP WATER PTY. LTD. (never stop water PTYLTD)	Prospect NSW 2148	Luke Smith
ROSEVILLE PLUMBING SERVICES	Rydalmere NSW 2116	William Bell, Vince Mazzaferro
RUPS PTY LTD t/as: Rescue U Plumbing	Gladesville NSW 2111	Nathan Wilson, Rob Kropp, Gav Houston, Matthew Janes
UNITED CONTRACTING PTY LTD	Waterfall NSW 2233	Joseph Kayrouz

Evaluation of Tenders

All tenderers were assessed against the selection criteria however the panel recommended that it not engage tenderers who scored under 90% against the non-price selection criteria.

The following companies scored less than 90% and did not demonstrate that they could fulfill the requirements of the tender as well as those selected for shortlisting or in one or more of the areas of demonstrated ability, response times, quality assurance and environmental systems, and were subsequently not considered for further assessment -

· CRG Plumbing and Maintenance

· Cushman & Wakefield Facility Services

· Ekorp Plumbing

· GEGE Constructions

· Jetblack Plumbers

· Kenmor Pty Lyd

· Never Stop Water

· Roseville Plumbing Services

· Rups Pty Ltd

· United Contracting

Chips Property Trade Services scored above the 90% threshold, but their tender price schedule submission was considered non-conforming with the schedule maintenance scope of works following consideration of their responses to a number of clarification questions, and therefore where not considered for the short-listed assessment.

Short-Listed Tenderers

The following 3 companies met the minimum requirements of the evaluation criteria and were further assessed based on their price schedules:

· B & G Enterprises PTY LIMITED

· Franklin’s Plumbing Services t/a/ Franklins Plumbing Services Pty Ltd

· HIX GROUP PTY LIMITED

These short-listed Tenderer’s were assessed using a formula applied to attain the probable costs from the actual reactive maintenance costs from the last three (3) financial years. The 2020, 2021 & 2022 financial year reactive maintenance expenditure was broken down into labour and material components. This formulation was then divided by the current hourly rate to provide an approximate number of hours of work for each job over the last three financial years. This approximate annual hour count was then multiplied by the average hourly rate submitted by the Tenderer with the addition of the callout charges and the proposed scheduled maintenance costs to determine the expected annual cost to Council. The price submitted for the replacement parts and labour was calculated to determine an annual replacement parts and materials price based on the asset inventory of the plumbing assets and the overall expected useful life.

The table below lists the tenderers and the expected annual cost listed in their tender submission:

Company Name	Calculated Reactive Maintenance Expenditure	Calculated Scheduled Maintenance Expenditure	Calculated Replacement Parts and Materials Expenditure	Total Calculated Annual Expenditure
B & G Enterprises PTY LIMITED	$474,251.80	$462,635.52	$52,054.79	$988,942.11
Franklin’s Plumbing Services t/a/ Franklins Plumbing Services Pty Ltd	$657,831.25	$372,639.40	$81,595.00	$1,112,065.65
HIX GROUP PTY LIMITED	$565,526.50	$536,143.57	$132,542.15	$1,234,212.22

Evaluation of Preferred Tenderers

All companies recommended within this report were selected based on their level of compliance with the tender documents, demonstrated ability to meet Council’s requirements, competitive hourly and schedule of rates for the services offered and independent financial/risk assessment advice.

The tender submitted by B & G Enterprises PTY LIMITED was evaluated as being the most cost advantageous and the highest scoring tender with conformance to the tender document. They are a Penrith based business and provided response times that exceeded the minimum requirement. They have performed in the role of primary contractor for the existing Plumbing Maintenance Contract for the last 5 years with no performance issues noted.

Therefore, B & G Enterprises PTY LIMITED are recommended to be the number one primary tenderer for this contract and receive all reactive maintenance work up to $50,000 and all scheduled maintenance work.

The other remaining shortlisted companies, Franklin’s Plumbing Services t/a/ Franklins Plumbing Services Pty Ltd and HIX GROUP PTY LIMITED will join B & G Enterprises PTY LIMITED to form the panel of tenderers and have the ability to quote on reactive and plumbing project work.

This will provide Council with a group of 3 approved plumbing contractors that can be utilised for plumbing maintenance and project works.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on the panel of preferred tenderers. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd. Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded.

Funding for the provision of building maintenance and minor construction works is included under annual operational and capital renewal program allocations.

Tender Advisory Group (TAG) Comment

The Tender Advisory Group’s objective is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of the Director City Services, Brian Steffen, Financial Services Manager, Neil Farquharson, and Governance Manager, Glenn McCarthy, met to consider the report and recommendations in relation to the tender for Building Maintenance and Construction. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

The provision of effective plumbing maintenance and services ensures that Council’s assets meet community and operational needs. The selection of appropriately skilled contractors is essential to maintain the integrity of Council’s asset portfolio.

The tender process outlined in this report includes controls regarding probity and ensuring value for Council, overseen by the Tender Advisory Group.

Further, upon the awarding of the contracts Council staff will meet with suppliers on a quarterly basis to ensure contract compliance, review service provision and review quoted works as required. Regular, risk-based inspections of works carried out on Council assets will be undertaken to ensure ‘value for money’ is obtained.

Conclusion

Based on the detailed evaluation, analysis of staffing, location, and capacity to undertake the work including relevant past and current experience, price submitted, and financial analysis and referee checks, the Tender Evaluation Committee recommends the companies listed below be accepted as a Committee of Approved Contractors for the provision of plumbing services in the following order:

Primary Plumbing Maintenance Tenderer - all reactive plumbing maintenance up to $50,000 and all scheduled maintenance):

• B & G Enterprises PTY LIMITED

Panel of Plumbing Maintenance Tenderers - Reactive Maintenance works:

· B & G Enterprises PTY LIMITED

· Franklin’s Plumbing Services t/a/ Franklins Plumbing Services Pty Ltd

· HIX GROUP PTY LIMITED

RECOMMENDATION

That:

1. The information contained in the report on RFT22/23-019 Plumbing Maintenance Tender be received

2. B & G Enterprises PTY LIMITED be awarded as the Primary Plumbing Maintenance Tenderer for all reactive plumbing / building maintenance up to $50,000 and all scheduled maintenance.

3. B & G Enterprises PTY LIMITED, Franklin’s Plumbing Services t/a/ Franklins Plumbing Services Pty Ltd and HIX GROUP PTY LIMITED form the panel of approved contractors for Plumbing Maintenance & Minor Project Works.

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

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 20 March 2023

The release and creation of easements over Lot 11 DP854412 and Lot 1 DP1265105

Compiled by: Tara Braithwaite, Development Manager

Authorised by: Matthew Bullivant, Acting Property Development Manager

Andrew Moore, Director - Corporate Services

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

Executive Summary

Council is transforming Soper Place as a key part of our larger city-shaping vision, which will see Penrith connected from the CBD through to the Nepean River by beautiful parks and places for people to live, work and enjoy.

This project will renew our City Centre creating activated, ever-evolving spaces for the community to explore. It will also boost the supply of A-grade commercial space in Penrith to improve employment opportunities close to home and secure our position as an employment hub in Western Sydney.

The revitalisation of Soper Place will not only deliver additional parking. It will be a new destination in our City, providing improved opportunities for residents to work, commute and enjoy a new setting for leisure and play.

This report seeks Council’s support for the creation of a new easement to drain water over Lot 11 DP854412 to facilitate the Soper place redevelopment and the extinguishment of five redundant drainage easements located within Lot 11 DP854412 and Lot 1 DP 1265105.

Background

Lot 11 DP854412, being 10-14 Belmore Street Penrith is owned by Health Administration Corporation (HAC) and is burdened by three easements to drain water identified in DP854412 (page 1 of separate enclosure).

Lot 1 DP1265105, being 99A Henry Street Penrith (Soper Place Project) is owned by Penrith Council and is burdened by two easements to drain water as identified in DP1265105 (page 2 of separate enclosure).

All five easements identified above are vested in Penrith City Council as the benefitting authority.

Lot/DP	Address	Landowner
Lot 11 DP854412	10-14 Belmore Street Penrith	Health Administration Corporation
Lot 1 DP1265105	99A Henry Street Penrith	Penrith City Council

Table 1: Land Identification and Ownership

Current Situation

As part of the Soper Place construction, the existing stormwater culverts shown in green in the overall site plan (page 3 of separate enclosure) have been made redundant and capped/sealed and the new stormwater drainage culverts shown in black in the overall site plan, are fully operational in accordance with the approved detailed designs.

At the time of construction of the new stormwater drainage culvert, an easement was not acquired over Lot 11 DP854412 and Council relied on its powers under the Local Government Act 1993 (LG Act) to undertake the necessary drainage works.

Notwithstanding that Council can also use its powers of entry under the LG Act to maintain the drainage infrastructure, the preference is to create an easement so that any future landowner is aware of the easement through a title search, and reduce the risks of any current or future landowner from attempting to dispute Council’s statutory powers to enter the land to maintain the culvert.

To formalise the creation of an easement over the new stormwater culvert and release the existing easements over the redundant culvert, Council is seeking to create a new easement over Lot 11 DP854412, whilst releasing five easements across Lot 11 DP854412 and DP 1 DP126510 as detailed below.

Easement to be released	Burdened lot	Benefited lot or authority
Easement for Stormwater Channel (C848327)	Lot 11 DP854412(HAC)	Penrith City Council
Easement to Drain Water Variable Width (Q102320)	Lot 11 DP854412(HAC)	Penrith City Council
Easement to Drain Water Variable Width (DP854412)	Lot 11 DP854412(HAC)	Penrith City Council
Easement for Stormwater Channel (Govt. Gaz 15-9-1939, Fol.4558/9) Denoted a [AA] by DP1265105	Lot 1 DP1265105(PCC)	Penrith City Council
Easement for Stormwater Channel (Govt. Gaz 4/10/1940, Fol.4014) (BK1913 No.978) Denoted as [CC] by DP1265105	Lot 1 DP1265105(PCC)	Penrith City Council

Table 2: Easements to be released / extinguished

Easement to be created	Burdened lot	Benefited lot or authority
Easement to Drain Water 5.44 Wide & 6.44 Wide (M)	Lot 11 DP854412(HAC)	Penrith City Council

Table 3: Easement to be created

Council officers have approached representatives of HAC and commenced initial discussions to seek their support in the acquisition of the new easement over Lot 1 DP1265105 outside of a compulsory acquisition process.

Should HAC disagree with Council’s Offer, and Council be required to move forward with a Compulsory Acquisition of the easement under the Land Acquisition (Just Terms Compensation) Act 1991, a further report will be brought back to Council for consideration.

Financial Considerations

Lunney Watt & Associates were appointed to assess the compensation payable to HAC in March 2021. The valuation was completed in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 and has taken into consideration the extinguishment of the easements for stormwater that is currently noted on title as well as the creation of the new easement over Lot 11 DP854412.

Compensation was assessed at $0 compensation due to the betterment afforded to the property with the extinguishment of the current easements over Lot 11 DP854412. The area the lot burdened by the existing easements is 229.1m2 with the new easement area being 156.9m2. The extinguishment of the current easement will increase the development envelope of the property, thereby increasing the land value overall.

All reasonable costs incurred by HAC as a result of the easement acquisition will be payable by Council. This is a requirement contained within the Land Acquisition (Just Terms Compensation) Act 1991, such costs may include legal and valuation fees.

Should HAC agree with Council’s offer and the acquisition of the easement, the expected costs to Council are approximately $20,000, including independent easement acquisition and extinguishment services and Land Registry fees. all costs associated with this matter are funded by the Soper Place project budget.

Financial Implications

This report seeks Council’s support for the creation of a new easement to drain water over Lot 11 DP854412 10-14 Belmore Street Penrith which is owned by HAC. Compensation to the owner has been assessed at $0, however all reasonable costs, such as valuation or legal costs, that are incurred by HAC as a result of this new easement are to be paid by Council.

The report also seeks the extinguishment of five existing drainage easements located over Lot 11 DP854412 and Lot 1 DP1265105. Lot 11 DP854412, 10-14 Belmore Street Penrith is owned by HAC and burdened by three easements. Lot 1 DP1265105, 99A Henry Street Penrith (Soper Place Project) is owned by Penrith Council and burdened by two easements.

All costs associated with this proposal are to be funded from the Soper Place project budget.

Risk Implications

The risk implications for this project are low.

Conclusion

As part of the construction phase for the revitalisation of Soper Place, it is recommended that Council create a new easement to drain water over Lot 11 DP854412 and extinguish five existing drainage easements located over Lot 11 DP854412 and Lot 1 DP1265105 that have now being made redundant.

The extinguishment of the easements as detailed within this report, will remove notations on title for the redundant easements and the creation of the new easement will ensure the appropriate encumbrance is registered on title for transparency and asset management purposes.

RECOMMENDATION

That:

1. The information contained in the report on The release and creation of easements over Lot 11 DP854412 and Lot 1 DP1265105 be received

2. Council create a new easement to drain water over Lot 11 DP854412 and extinguish five existing drainage easements located over Lot 11 DP854412 and Lot 1 DP1265105 on the terms and conditions within 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 be authorised to sign all necessary legal documents in relation to this matter.

ATTACHMENTS/APPENDICES

There are no attachments for this report

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