Agenda of Ordinary Meeting - 28 November 2016 - NSW Government

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Nov 28, 2016 - Councillor in the best interests of the people of Penrith and ... Grants Program 2016-17 as he is the Dir
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His Worship the Mayor, Councillor John Thain and Deputy Mayor, Councillor Tricia Hitchen are joined by supporters of the Martin family, on 10 November 2016, at the reserve in Denver Road, St Clair, to unveil the new naming signage in memory of the Martins and their contribution to the community.

Ordinary Meeting 28 November 2016

penrithcity.nsw.gov.au

ORDINARY MEETING MONDAY 28 NOVEMBER 2016 TABLE OF CONTENTS

ADVANCE AUSTRALIA FAIR STATEMENT OF RECOGNITION OF PENRITH CITY’S ABORIGINAL AND TORRES STRAIT ISLANDER CULTURAL HERITAGE PRAYER COUNCIL CHAMBER SEATING ARRANGEMENTS MEETING CALENDAR CONFIRMATION OF MINUTES PROCEDURE FOR ADDRESSING COUNCIL MEETING MAYORAL MINUTES REPORT AND RECOMMENDATIONS OF COMMITTEES DELIVERY PROGRAM REPORTS

ADVANCE AUSTRALIA FAIR Australians all let us rejoice, For we are young and free; We’ve golden soil and wealth for toil; Our home is girt by sea; Our land abounds in nature’s gifts Of beauty rich and rare; In history’s page, let every stage Advance Australia Fair. In joyful strains then let us sing, Advance Australia Fair. Beneath our radiant Southern Cross We’ll toil with hearts and hands; To make this Commonwealth of ours Renowned of all the lands; For those who’ve come across the seas We’ve boundless plains to share; With courage let us all combine To Advance Australia Fair. In joyful strains then let us sing, Advance Australia Fair.

Statement of Recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage Council values the unique status of Aboriginal people as the original owners and custodians of lands and waters, including the land and waters of Penrith City. Council values the unique status of Torres Strait Islander people as the original owners and custodians of the Torres Strait Islands and surrounding waters. We work together for a united Australia and City that respects this land of ours, that values the diversity of Aboriginal and Torres Strait Islander cultural heritage, and provides justice and equity for all.

PRAYER “Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life. We come together as representatives of our community to make decisions that will benefit this city and the people within it. We come not in a spirit of competition, not as adversaries, but as colleagues. Help us to treat each other with respect, with dignity, with interest and with honesty. Help us not just to hear the words we say, but also to hear each others hearts. We seek to be wise in all that we say and do. As we meet, our concern is for this city. Grant us wisdom, courage and strength. Lord, help us. We pray this in the name of Jesus Christ our Lord. Amen.”

For members of the public addressing the meeting

Council Chambers Seating Arrangements

Lectern

Executive Managers

Media

Clr Marcus Cornish North Ward

Clr Bernard Bratusa East Ward

Assistant General Manager Craig Butler

Clr Tricia Hitchen Executive Manager Community Vicki O’Kelly

East Ward

Clr Joshua Hoole South Ward

General Manager Alan Stoneham

Clr Mark Davies South Ward

Clr Ross Fowler OAM

Public Gallery

North Ward

His Worship the Mayor

Clr Jim Aitken OAM

Councillor John Thain

South Ward

Clr Kevin Crameri OAM North Ward

Governance Coordinator Adam Beggs

Clr Karen McKeown South Ward

Clr Aaron Duke North Ward

Clr Todd Carney Minute Clerk

East Ward

Clr Greg Davies East Ward

Clr Ben Price East Ward

Clr Kath Presdee

Managers

South Ward

Executive Managers

Oath of Office I swear that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment. Affirmation of Office I solemnly and sincerely declare and affirm that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment. Taken at the Ordinary Meeting of Council on 26 September 2016, Minute Number 272 Local Government Act 1993, Section 233A

2016 MEETING CALENDAR January 2016 - December 2016 (Adopted by Council - 23 November 2015) TIME

Ordinary Council Meeting

Policy Review Committee

JAN

FEB

MAR APRIL

MAY

Mon

Mon

Mon

Mon

Mon

JUNE JULY Mon

# @ ^  ∞ +

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

5 (7.00pm)

8 29@

21

15

14

18

23#

27*

25

22@

9

20

11

8

26^ (7.00pm)

7.00pm 15

Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are endorsed for exhibition Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are adopted Meetings at which the Operational Plan quarterly reviews (March and September) are presented Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for December and June) are presented Election of Mayor/Deputy Mayor Meeting at which the 2015-2016 Annual Statements are presented Meeting at which any comments on the 2015-2016 Annual Statements are presented Meeting at which the Annual Report is presented -

19 (7.00pm)

7.30pm

6  *

Mon

AUG

Extraordinary Meetings are held as required. Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee). Should you wish to address Council, please contact the Acting Senior Governance Officer, Adam Beggs.

24∞

28#+

10

14

12

UNCONFIRMED MINUTES OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE COUNCIL CHAMBERS ON MONDAY 24 OCTOBER 2016 AT 7:30PM NATIONAL ANTHEM The meeting opened with the National Anthem. STATEMENT OF RECOGNITION His Worship the Mayor, Councillor John Thain read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage. PRAYER The Council Prayer was read by Rev Neil Checkley. PRESENT His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Joshua Hoole, Karen McKeown and Kath Presdee. LEAVE OF ABSENCE Leave of Absence was previously granted to Councillor Ben Price for the period 3 October 2016 to 7 November 2016 inclusive. APOLOGIES There were no apologies. CONFIRMATION OF MINUTES - Ordinary Meeting - 26 September 2016 272 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee that the minutes of the Ordinary Meeting of 26 September 2016 be confirmed. DECLARATIONS OF INTEREST Councillor Kath Presdee declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 – Funding Opportunities from the NSW Department of Education as her son attends one of the child cares mentioned in the report. Councillor Ross Fowler OAM declared a Pecuniary Conflict of Interest in Item 5 – Magnetic Grants Program 2016-17 as he is the Director of AFFORD mentioned the report. Councillor Fowler stated that he would not take part in any discussion and would leave the chambers when this item is considered.

This is Page No 1 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 24 October 2016

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REPORTS OF COMMITTEES 1

Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 7 September 2016.

273 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Mark Davies that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 7 September, 2016 be adopted. 2

Report and Recommendations of the Local Traffic Committee held on 10 October 2016

274 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Tricia Hitchen that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 10 October, 2016 be adopted. 3

Report and Recommendations of the Policy Review Committee Meeting held on 10 October 2016

275 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Aaron Duke that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 10 October, 2016, with the exception of Items 1, 2 and 3, be adopted. 3

Report and Recommendations of the Policy Review Committee Meeting held on 10 October 2016 – Item 1 - Planning Proposal - 92, 94 and 96 Victoria Street, Werrington

276 RESOLVED on the MOTION of Councillor Greg Davies seconded Kath Presdee That: 1.

The information contained in the report on Planning Proposal - 92, 94 and 96 Victoria Street, Werrington be received

2.

The Planning Proposal provided as Attachment 3 be sponsored for submission to NSW Planning & Environment with a request for a Gateway Determination.

3.

The Minister for Planning be requested to delegate his authority for Council to finalise and make the proposed amendment to Penrith Local Environmental Plan 2010.

4.

Consultation with the community and public agencies be undertaken in accordance with any Gateway Determination.

5.

A report be presented to Council on the submissions received from the community and public agencies.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result: For Councillor Kath Presdee Councillor Bernard Bratusa Councillor Kevin Crameri OAM Councillor Karen McKeown Councillor John Thain Councillor Greg Davies Councillor Mark Davies

Against

This is Page No 2 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 24 October 2016

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Councillor Ross Fowler OAM Councillor Jim Aitken OAM Councillor Tricia Hitchen Councillor Marcus Cornish Councillor Joshua Hoole Councillor Aaron Duke Councillor Todd Carney 3

Report and Recommendations of the Policy Review Committee Meeting held on 10 October 2016 – Item 2 - Amendment to Penrith Development Control Plan 2014 - 164 Station Street, Penrith

277 RESOLVED on the MOTION of Councillor Greg Davies seconded Aaron Duke That: 1.

The information contained in the report on Amendment to Penrith Development Control Plan 2014 - 164 Station Street, Penrith be received

2.

Refer the draft Development Control Plan to Council’s Urban Design Review Panel for comment

3.

The General Manager be granted delegation to make any necessary minor changes to the Draft Development Control Plan before public exhibition.

4.

The Draft Development Control Plan be publicly exhibited, in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979 and associated Regulations.

5.

A further report be presented to Council following the Public Exhibition.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result: For Councillor Kath Presdee Councillor Bernard Bratusa Councillor Kevin Crameri OAM Councillor Karen McKeown Councillor John Thain Councillor Greg Davies Councillor Mark Davies Councillor Ross Fowler OAM Councillor Jim Aitken OAM Councillor Tricia Hitchen Councillor Marcus Cornish Councillor Joshua Hoole Councillor Aaron Duke Councillor Todd Carney 3

Against

Report and Recommendations of the Policy Review Committee Meeting held on 10 October 2016 – Item 3 - Proposed Reclassification of 154 Henry Street, Penrith

278 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Karen McKeown That: 1. The information contained in the report on Proposed Reclassification of 154 This is Page No 3 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 24 October 2016

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Henry Street, Penrith be received, and 2.

The proposed reclassification of 154 Henry Street, Penrith be included in the sponsored Planning Proposal reclassifying sites in Union Road, Penrith.

3.

The updated Planning Proposal be sponsored for submission to NSW Planning & Environment with a request for a Gateway Determination.

4.

The Minister for Planning be requested to delegate his authority for Council to finalise and make the proposed amendment to Penrith Local Environmental Plan 2010.

5.

Consultation with the community and public agencies be undertaken in accordance with any Gateway Determination.

6.

A report be presented to Council on the submissions received from the community and public agencies.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result: For Councillor Kath Presdee Councillor Bernard Bratusa Councillor Kevin Crameri OAM Councillor Karen McKeown Councillor John Thain Councillor Greg Davies Councillor Mark Davies Councillor Ross Fowler OAM Councillor Jim Aitken OAM Councillor Tricia Hitchen Councillor Joshua Hoole Councillor Aaron Duke Councillor Todd Carney

Against Councillor Marcus Cornish

DELIVERY PROGRAM REPORTS OUTCOME 1 - WE CAN WORK CLOSE TO HOME 1

Funding Opportunities from the NSW Department of Education

279 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish That:

1.

The information contained in the report on Funding Opportunities from the NSW Department of Education be received.

2.

Council endorse the granting of funding of $30,000 each for Grays Lane and Emu Village OSHC services.

3.

The NSW Department of Education be thanked for the funding for Grays Lane and Emu Village OSHC services.

4.

Council endorse participation in Stage Two of the tender process, the Invitation to Apply, for Preschool Capital Work funding of $30,000 for Rainbow Cottage Preschool.

This is Page No 4 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 24 October 2016

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OUTCOME 2 - WE PLAN FOR OUR FUTURE GROWTH 2

Western Sydney Rail Needs Scoping Study including rail infrastructure to the proposed Western Sydney Airport

280 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Aaron Duke That:

1.

The information contained in the report on Western Sydney Rail Needs Scoping Study including rail infrastructure to the proposed Western Sydney Airport be received.

2.

Council reaffirm its current position on a north-south rail link and support Option 6 (a north-south link connecting Macarthur – Western Sydney Airport – St Marys – Schofields) extended to also link with the Sydney Metro Northwest line.

3.

Council endorse the proposed approach outlined in this report and any other issues identified by Councillors, as the basis for a submission to Transport for NSW.

4.

Council’s submission be forwarded to Transport for NSW by 28 October 2016 and a copy be forwarded to all Councillors.

OUTCOME 4 - WE HAVE SAFE, VIBRANT PLACES 3

Liveable Communities Grant Application The Village Cafe North St Marys

281 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Tricia Hitchen That:

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1.

The information contained in the report on Liveable Communities Grant Application The Village Cafe North St Marys be received.

2.

That Council endorse the application for funding of $59,536 to the Family and Community Services Liveable Communities Grant for The Village Café.

Licence Agreement - Penrith City Council to Roads and Maritime Services (RMS) - Occupation of Council owned land at 1-7 Warwick Street St Marys known as Lot 1 DP21325 and Lot 24 DP21325

282 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Ross Fowler OAM That:

1.

The information contained in the report on Licence Agreement - Penrith City Council to Roads and Maritime Services (RMS) - Occupation of Council owned land at 1-7 Warwick Street St Marys known as Lot 1 DP21325 and Lot 24 DP21325 be received.

2.

Council grant a twelve-month Licence Agreement to RMS as set out in this report subject to the community notification period being undertaken and the absence of any public submissions.

3.

Council resolve to affix the Common Seal of Penrith City Council to any necessary documentation.

This is Page No 5 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 24 October 2016

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Magnetic Grants Program 2016-17

Councillor Ross Fowler OAM left the meeting, the time being 7:46pm. 283 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies That:

6

1.

The information contained in the report on Magnetic Grants Program 201617 be received

2.

The five projects listed in Table 1 are funded as part of the Magnetic Places Grants Program 2017.

3.

$10,000 from all wards Voted Works be allocated to fund the AFFORD project detailed in the report.

Building Resilience to Climate Change Application - Kommer Place Heat Island Reduction Pilot

Councillor Ross Fowler OAM returned to the meeting, the time being 7:51pm. 284 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown That:

1.

The information contained in the report on Building Resilience to Climate Change Application - Kommer Place Heat Island Reduction Pilot be received

2.

Council endorse the application for funding to LGNSW and OEH for the Kommer Place Heath Island Reduction Pilot

OUTCOME 5 - WE CARE ABOUT OUR ENVIRONMENT 7

Update on Modifications and Odour Management in Relation to the SUEZ (formerly SITA) Facility at Kemps Creek

285 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies That: 1. The information contained in the report on Update on Modifications and Odour Management in Relation to the SUEZ (formerly SITA) Facility at Kemps Creek be received. 2. A further report be presented to a Councillor Briefing providing further details on the facility in respect of complaints, consent and the other facilities mentioned in the report. OUTCOME 6 - WE'RE HEALTHY AND SHARE STRONG COMMUNITY SPIRIT 8

National Training Centre for Rowing

286 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish That:

1.

The information contained in the report on National Training Centre for

This is Page No 6 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 24 October 2016

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Rowing be received.

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2.

Council advertise its intention to enter into a licence agreement with Rowing NSW in accordance with the terms of s47 of the Local Government Act 1993 with a further report to be presented to Council at the conclusion of the public notification period.

3.

Any development application in respect to this matter be reported to Council.

Access Committee - Appointment of Community Members 2016-18

287 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM That:

1.

The information contained in the report on Access Committee - Appointment of Community Members 2016-18 be received.

2.

The following persons be appointed as community members of Council’s Access Committee for the two year term 2016-18: Mrs Farah Madon Mr David Currie Ms Carole Grayson Mr Allan Windley Mr Anthony Mulholland Mrs Dianne Brookes

3.

The following persons be appointed as stand-by members of the committee: Mr Kevin Finlayson Mrs Scyma Afriecq

4.

A letter be forwarded to all applicants to thank them for submitting an Expression of Interest for appointment to the Access Committee.

OUTCOME 7 - WE HAVE CONFIDENCE IN OUR COUNCIL 10 Licence Agreement - Penrith City Council to Roads and Maritime Services (RMS) - Occupation of Council's Shed within Council's Sub Depot Nursery at 2151A Castlereagh Street, Penrith known as Lot 112 DP 774782 288 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM That:

1.

The information contained in the report on Licence Agreement - Penrith City Council to Roads and Maritime Services (RMS) - Occupation of Council's Shed within Council's Sub Depot Nursery at 2151A Castlereagh Street, Penrith known as Lot 112 DP 774782be received.

2.

A licence agreement be entered into with RMS for the occupation of Council’s Shed within Council’s Sub Depot Nursery at 2151A Castlereagh Street Penrith known as Lot 112 DP 774782.

3.

The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

This is Page No 7 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 24 October 2016

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Amendment to previous Council Resolution relating to approval of Granting and Easement on Council reserve known as Lot 92 DP28389, 245 Desborough Road, St Marys

289 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM That:

12

1.

The information contained in the report on Amendment to previous Council Resolution relating to approval of Granting and Easement on Council reserve known as Lot 92 DP28389, 245 Desborough Road, St Marys be received.

2.

Condition 8 in the report to Council’s Ordinary Meeting on 24 March 2014 be amended as outlined in this report.

3.

The Common Seal of the Council of the City of Penrith be placed on all necessary documents.

Transfer of electricity easement to Endeavour Energy over Lot 1 DP 1137699 (Jane Street Penrith) incorrectly assigned to Penrith City Council

290 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM That:

1.

The information contained in the report on Transfer of electricity easement to Endeavour Energy over Lot 1 DP 1137699 (Jane Street Penrith) incorrectly assigned to Penrith City Council be received

2.

Council approve to transfer an easement for electricity purposes that has been incorrectly assigned in favour of Penrith City Council to its rightful owner being Endeavour Energy over Jane Street Penrith. Council resolve to affix the Common Seal of Penrith City Council to any necessary documentation.

3.

14

Proposed Permanent Closure of Carlyle Lane, Cambridge Gardens

291 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM That:

1.

The information contained in the report on Proposed Permanent Closure of Carlyle Lane, Cambridge Gardens be received.

2.

Council resolve to commence the permanent road closure process with an application to the Department of Primary Industries – Lands for a permanent road closure of Carlyle Lane, Cambridge Gardens and carry out the required public advertising.

3.

A further report be submitted seeking Council resolution to the purchase price of Carlyle Lane, Cambridge Gardens.

4.

The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

5. The land comprising Carlyle Lane, Cambridge Gardens following closure be classified as Operational. This is Page No 8 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 24 October 2016

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Audit Committee

292 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the information contained in the report on Audit Committee be received. 17

2016-17 Financial Assistance Grant

293 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM That:

18

1.

The information contained in the report on 2016-17 Financial Assistance Grant be received

2.

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

Summary of Investments & Banking for the period 1 September 2016 to 30 September 2016 and the Agency Collection Methods as at 30 September 2016.

294 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM That:

13

1.

The information contained in the report on Summary of Investments & Banking for the period 1 September 2016 to 30 September 2016 and the Agency Collection Methods as at 30 September 2016. be received

2.

The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 September 2016 to 30 September 2016 be noted and accepted.

3.

The graphical investment analysis as at 30 September 2016 be noted.

4.

Agency Collection Methods as at 30 September be noted.

Thornton Community Facility Transfer

295 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM That:

1.

The information contained in the report on Thornton Community Facility Transfer be received

2.

The Council agrees to the transfer of the Thornton Community Facility to Council, subject to Council Officers granting Occupation Certificate for the conversion of the facility;

3.

Council resolve to classify the land as Operational; and

4.

The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

This is Page No 9 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 24 October 2016

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Pecuniary Interest Returns

296 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kath Presdee That: 1. The information contained in the report on Pecuniary Interest Returns be received. 2. Council officers write to the Office of Local Government notifying that five designated employees did not lodge their pecuniary interest returns by the due date. REQUESTS FOR REPORTS AND MEMORANDUMS RR 1

Proposed Maximum Security Prisons

Councillor Karen McKeown requested a report on the proposed maximum security prisons at Emu Plains. The report should address the constraints of the site including flooding evacuation traffic, parking etc. This report should also include the impact on the existing dairy facility and the proposed style of prison e.g. ‘pop up’, open plan, and infrared monitoring. RR 2

Playground Policy

Councillor Aaron Duke requested a report to Council regarding a policy for future playgrounds instalments to ensure they are inclusive for everyone within the community. RR 3

Petition - Jordan Springs

Councillor Aaron Duke requested that Council write to LendLease in response to a petition receive regarding the shopping centre at Jordan Springs. RR 4

Queen Street Upgrades

Councillor Tricia Hitchen thanked Council staff for their hard work on the Queen Street upgrades. RR 5

Council's Customer Service Charter

Councillor Kevin Crameri OAM requested information regarding Council’s Customer Service Charter and sending a response within 10 days. RR 6

Council Chamber Cords

Councillor Kevin Crameri OAM requested that the cords underneath the Councillor table’s be tidied to prevent cords from being pulled out. RR 7

Motorbike Signage - Glenmore Park

Councillor Mark Davies requested signs be put in place along the easement for powerlines near Glenmore Parkway after complaints about motorbikes being ridden through the area. RR 8

Lake Scheme

Councillor Kevin Crameri OAM requested a memo reply to all Councillors on what hours of operation can occur at the Lakes Scheme and what can be done at the Lake Scheme out of hours. This is Page No 10 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 24 October 2016

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COMMITTEE OF THE WHOLE 297 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Todd Carney that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:31pm. 1

Presence of the Public

CW1 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that the press and public be excluded from Committee of the Whole to deal with the following matters: Outcome 7 2

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

3

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

4

Assignment of lease from Penrith Skin Cancer Foundation Pty Ltd to PSSC5 Pty Ltd trading as Penrith Skin Cancer and Laser Clinic and exercise five (5) year lease option over Shop 1 144 Henry Street Penrith This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

5

Lease Agreement to Donna Hildon and Belinda Erich trading as Supremacy Funerals over premises at 42-44 Station Street Penrith known as Lot C DP158845 This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

This is Page No 11 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 24 October 2016

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Lease Old Council Chambers Suite 3 129 Henry Street Penrith to three community organisations being Penrith Women's Health Centre, Queen of Hearts Foundation and Nepean No Boundaries Art Group This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Outcome 4 7

Lease Allen Arcade - Shop 6 140-142 Henry Street Penrith to CLB Property Group Pty Ltd trading as Wiseberry Real Estate This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Outcome 7 8

Lease of Gaymark Lane Shop 2, 134-138 Henry Street Penrith to Phillip Hughes trading as No Bottom Feeders This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

The meeting resumed at 8:35pm and the General Manager reported that the Committee of the Whole met at 8:31pm on 24 October 2016 the following being present His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Joshua Hoole, Karen McKeown and Kath Presdee. 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.

This is Page No 12 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 24 October 2016

Ordinary Meeting

Monday 24 October 2016

CONFIDENTIAL BUSINESS 2

Proposed sale of two Council owned vacant lots in Cranebrook

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies CW2 That:

3

1.

The information contained in the report on Proposed sale of two Council owned vacant lots in Cranebrook be received.

2.

The sale of the described two vacant lots proceed as recommended.

3.

The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

Proposed sale of three Council owned vacant lots in St Clair

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies CW3 That:

4

1.

The information contained in the report on Proposed sale of three Council owned vacant lots in St Clair be received

2.

The sale of the described three vacant lots proceed as recommended

3.

The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

Assignment of lease from Penrith Skin Cancer Foundation Pty Ltd to PSSC5 Pty Ltd trading as Penrith Skin Cancer and Laser Clinic and exercise five (5) year lease option over Shop 1 144 Henry Street Penrith

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies CW4 That:

1.

The information contained in the report on Assignment of lease from Penrith Skin Cancer Foundation Pty Ltd to PSSC5 Pty Ltd trading as Penrith Skin Cancer and Laser Clinic and exercise five (5) year lease option over Shop 1 144 Henry Street Penrith be received.

2.

Council approve to assign the lease from Penrith Skin Cancer Foundation Pty Ltd to PSSC5 Pty Ltd and approve PSSC5 Pty Ltd to exercise 5-year lease option as set out in the terms and conditions in this report.

3.

The Common Seal of the City of Penrith be placed on all necessary documentation.

This is Page No 13 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 24 October 2016

Ordinary Meeting 5

Monday 24 October 2016

Lease Agreement to Donna Hildon and Belinda Erich trading as Supremacy Funerals over premises at 42-44 Station Street Penrith known as Lot C DP158845

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies CW5 That:

6

1.

The information contained in the report on Lease Agreement to Donna Hildon and Belinda Erich trading as Supremacy Funerals over premises at 42-44 Station Street Penrith known as Lot C DP158845 be received.

2.

Council approve a new 2-year lease to Donna Hildon and Belinda Erich trading as Supremacy Funerals as set out in the terms and conditions in the report.

3.

The Common Seal of the City of Penrith be placed on all necessary documentation.

Lease Old Council Chambers Suite 3 129 Henry Street Penrith to three community organisations being Penrith Women's Health Centre, Queen of Hearts Foundation and Nepean No Boundaries Art Group

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies CW6 That:

7

1.

The information contained in the report on Lease Old Council Chambers Suite 3 129 Henry Street Penrith to three community organisations being Penrith Women's Health Centre, Queen of Hearts Foundation and Nepean No Boundaries Art Group be received

2.

Council grant a new licence to PWHC, QOH and Community and Cultural Development Department - Penrith City Council as set out in the terms and conditions in this report

3.

The Common Seal of the Council of the City of Penrith be placed on all necessary documents

Lease Allen Arcade - Shop 6 140-142 Henry Street Penrith to CLB Property Group Pty Ltd trading as Wiseberry Real Estate

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies CW7 That:

1.

The information contained in the report on Lease Allen Arcade - Shop 6 140142 Henry Street Penrith to CLB Property Group Pty Ltd trading as Wiseberry Real Estate be received

2.

Council grant a one (1) year lease with a one (1) year option to CLB Property Group Pty Ltd trading as Wiseberry Penrith in accordance with the terms and conditions as outlined in the report.

3.

The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

This is Page No 14 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 24 October 2016

Ordinary Meeting 8

Monday 24 October 2016

Lease of Gaymark Lane Shop 2, 134-138 Henry Street Penrith to Phillip Hughes trading as No Bottom Feeders

RECOMMENDED on the MOTION of Councillor Kath Presdee seconded Councillor Todd Carney CW8 That:

1.

The information contained in the report on Lease of Gaymark Lane Shop 2, 134-138 Henry Street Penrith to Phillip Hughes trading as No Bottom Feeders be received.

2.

Council approve a new 1-year lease + 1 year option to Phillip Hughes at Shop 2, Gaymark Lane, 134 Henry Street Penrith as set out in the terms and conditions in this report.

3.

The Common Seal of the Council of the City of Penrith be placed on all necessary documents.

ADOPTION OF COMMITTEE OF THE WHOLE 298 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Aaron Duke that the recommendation contained in the Committee of the Whole and shown as, CW1, CW2, CW3, CW4, CW5, CW6, CW7 and CW8 be adopted. There being no further business the Chairperson declared the meeting closed the time being 8:39pm.

This is Page No 15 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 24 October 2016

PENRITH CITY COUNCIL Procedure for Addressing Meetings Anyone can request permission to address a meeting, providing that the number of speakers is limited to three in support of any proposal and three against. Any request about an issue or matter on the Agenda for the meeting can be lodged with the General Manager or Public Officer up until 12 noon on the day of the meeting. Prior to the meeting the person who has requested permission to address the meeting will need to provide the Public Officer with a written statement of the points to be covered during the address in sufficient detail so as to inform the Councillors of the substance of the address and a written copy of any questions to be asked of the Council in order that responses to those questions can be provided in due course. In addition, prior to addressing the meeting a person addressing Council or Committee will be informed that they do not enjoy any privilege and that permission to speak may be withdrawn should they make inappropriate comments. It should be noted that persons who wish to address the Council are addressing a formal part of the Council Meeting. All persons addressing the Meeting should give consideration to their dress attire. Smart casual is a minimum that is thought to be appropriate when addressing such a forum. It should be noted that speakers at meetings of the Council or Committee do not have absolute privilege (parliamentary privilege). A speaker who makes any potentially offensive or defamatory remarks about any other person may render themselves open to legal action. Prior to addressing the meeting the person will be required to sign the following statement: “I (name) understand that the meeting I intend to address on (date) is a public meeting. I also understand that should I say or present any material that is inappropriate, I may be subject to legal action. I also acknowledge that I have been informed to obtain my own legal advice about the appropriateness of the material that I intend to present at the above mentioned meeting”. Should a person fail to sign the above statement then permission to address either the Council or Committee will not be granted. The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 7.15pm. It is up to the Council or Committee to decide if the request to address the meeting will be granted. Where permission is to be granted the Council or Committee, at the appropriate time, will suspend only so much of the Standing Orders to allow the address to occur.

The Chairperson will then call the person up to the lectern or speaking area. The person addressing the meeting needs to clearly indicate: 

Their name;



Organisation or group they are representing (if applicable);



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



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



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

Each person then has five minutes to make their address. Those addressing Council will be required to speak to the written statement they have submitted. Permission to address Council is not to be taken as an opportunity to refute or otherwise the points made by previous speakers on the same issue. The Council or Committee can extend this time if they consider if appropriate, however, everyone needs to work on the basis that the address will be for five minutes only. Councillors may have questions about the address so people are asked to remain at the lectern or in the speaking area until the Chairperson has thanked them. When this occurs, they should then return to their seat. Glenn McCarthy Public Officer 02 4732 7649

MAYORAL MINUTES Item

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Passing of Charlie Lowles OAM

1

2

Ripples Leisure Centre Local Business Award Winners

2

3

Real Festival 2016

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Mayoral Minute Passing of Charlie Lowles OAM It is with great sadness that I note the passing of long term Blacktown Councillor, Emeritus Mayor Charlie Lowles OAM who passed away recently. Charlie was a native of Liverpool, England, a true scouser, and a staunch Everton football supporter. He made news in his home town of Liverpool when he suggested the red Mayoral robes be changed to blue in support of his much loved team Everton as opposed to red which was the Liverpool City colours. This loyalty and sense of fairness and mischief characterised Charlie’s life. Charlie was a Councillor on Blacktown City Council for 27 years, from 1989 until his retirement this year. A Blackett resident, he served as mayor on three occasions and his dedication to local government was later recognised with the title of Emeritus Mayor. He was also awarded a Medal of the Order of Australia for his community service. Charlie was affectionately known as the Mayor of Mt Druitt due to his staunch support of the area and his community involvement. In accepting his OAM he famously said: “I love Mt Druitt I think people here are the salt of the earth … Even if I won the Lotto, I'd still live here. My friends and family and memories are here.” Such was the regard with which he dedicated himself to serving the community. During his time on Blacktown Council he was the driving force behind many community projects including the Mount Druitt Hub, Emerton Youth Centre and Emerton Leisure Centre. On behalf of my fellow Councillors and the community of Penrith, I’d like to offer our deepest sympathy to Charlie’s wife Alma, his children, Joanne, Karl and Tony and families.

Councillor John Thain Mayor

RECOMMENDATION That the Mayoral Minute on Passing of Charlie Lowles OAM be received.

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Mayoral Minute Ripples Leisure Centre Local Business Award Winners

Congratulations to Ripples Leisure Centre, St Marys-Mount Druitt 2016 Local Business Award winners for Outstanding Fitness Services I would like to congratulate Ripples Leisure Centre for receiving the St Marys-Mount Druitt 2016 Local Business Award for the Outstanding Fitness Services category. What Ripples offers to the community is beyond a gym and swimming pool, it’s a family friendly, customer focused Leisure Centre with exceptional service and innovative programming. The highly competitive category saw 19 local service providers nominated for the award. Ripples St Marys were finalists and won the award in October this year because of the friendly staff and the exceptional customer service that the facility and staff provides. The Local Business Awards are one of the most comprehensive awards program covering a wide variety of industry categories. The categories in each region vary in order to recognise the industries in the specific business community. On behalf of the Council and the Penrith community I’d like to commend Ripples Leisure Centre for their dedication to the fitness and providing a wonderful, award-winning service for our community.

Councillor John Thain Mayor

RECOMMENDATION That the Mayoral Minute on Ripples Leisure Centre Local Business Award Winners be received.

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Mayoral Minute Real Festival 2016 Congratulations to everyone involved in the inaugural Real Festival which was held at the Nepean River earlier this month. Our community has been asking for an iconic event that celebrates and reinforces our connection to the river, and I believe this event exceeded all expectations. More than 20,000 people attended the Real Festival, actively participating in and enjoying the impressive mix of river, environment, arts and lifestyle activities provided across the twoday program. The overwhelmingly positive feedback received online, on social media and inperson is a credit to all those involved in the development and delivery of this successful event. I’d like to commend the Events Team for their passion, their dedication and hard work in coordinating such an impressive two-day program. I’d also like to acknowledge the efforts of the entire Corporate Communication and Marketing Department who were responsible for the development, design, marketing and promotion of this event. The level of staff engagement was unprecedented, with departments from across the organisation showcasing their services in fun and interesting ways. Thank you to Waste Services, the Library, Environmental Health, Sustainability, Community and Cultural Development and Animal and Children’s Services for their involvement and to the Rangers, Depot staff and volunteers who were vital to the smooth-running of this major event. Of course none of this would have been possible without the support of our event sponsors; thank you to Busways, JK Williams, The Western Weekender, Vintage FM, Ripples, Nutrition Station and Club Paceway. Thanks also to the local businesses and community groups who participated in the event. It is said that that the whole is greater than the sum of its parts and the Real Festival is a wonderful example of this. On behalf of Council, thank-you to everyone involved and congratulations to all on a job very well done.

Councillor John Thain Mayor RECOMMENDATION That the Mayoral Minute on Real Festival 2016 be received.

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REPORTS OF COMMITTEES Item

Page 1 2

Report and Recommendations of the Local Traffic Committee Meeting held on 7 November 2016 Report and Recommendations of the Policy Review Committee Meeting held on 14 November 2016

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REPORT AND RECOMMENDATIONS OF THE LOCAL TRAFFIC COMMITTEE MEETING HELD ON 7 NOVEMBER, 2016

PRESENT Deputy Mayor, Councillor Tricia Hitchen (Representative for the Member for Penrith), Councillor Aaron Duke (Representative for the Member for Londonderry), Councillor Joshua Hoole (Representative for the Member for Mulgoa), Councillor Karen McKeown (Council Representative), Wayne Mitchell (Chair) – Executive Manager Environment and City Development, Lauren Van Putten – Roads and Maritime Services, Matthew Shirvington – Penrith Police LAC, Mark Elliott – St Marys Police LAC. IN ATTENDANCE Councillor Marcus Cornish, James Suprain – Roads and Maritime Services, Shah Kshitij – Roads and Maritime Services, Eryn Bursa – St Marys Police LAC, Stephen Page – St Marys Police LAC, Steve Grady – Busways, Adam Wilkinson – Engineering Services Manager, David Drozd – Traffic Engineering Coordinator. LEAVE OF ABSENCE Leave of Absence was previously granted to Councillor Ben Price for the period 3 October 2016 to 7 November 2016 inclusive. APOLOGIES There were no apologies. CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 10 October 2016 Roads and Maritime Services requested an amendment be made to Recommendation 3 of Item 8 from the Local Traffic Committee meeting of Monday 10 October 2016 “High Street, Penrith - Proposed Treatments Between Doonmore Street and the Great Western Highway and Signage Changes in Nearby Streets”: 3.

A project for an appropriate pedestrian facility on Kendall Street, and changes to linemarking at the pedestrian signals (as shown in Appendices 1, 2 and 3) be referred to Council’s Design Coordinator to prepare a design plan to be referred back to Local Traffic Committee for finalisation and endorsement. Council should engage a TCS designer, to make relevant amendments to the existing signal plan and forward to the RMS for approval.

The minutes of the Local Traffic Committee Meeting of 10 October 2016 were confirmed with the amendment to Item 8, Recommendation 3 as noted above. DECLARATIONS OF INTEREST NIL

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DELIVERY PROGRAM REPORTS OUTCOME 3 - WE CAN GET AROUND THE CITY 1

Local Traffic Committee Policy and Framework

RECOMMENDED That:

2

1.

The information contained in the report on Local Traffic Committee Policy and Framework be received

2.

The provisions of the A guide to the delegation to Councils for the regulation of traffic, particularly Section 5 which sets out the constitution, protocols and operation of the Local Traffic Committee, be noted

3.

The Local Traffic Committee apply the provisions of the Model Code of Conduct for Local Councils in NSW to guide the standard of conduct and behaviour at its meetings.

Glebe Place, Penrith - Proposed Changes to Signage and Line Marking

RECOMMENDED That:

3

1.

The information contained in the report on Glebe Place, Penrith - Proposed Changes to Signage and Line Marking be received.

2.

Consultation be undertaken with affected residents and Governor Phillip Nursing Home regarding the reduction in No Stopping restrictions and the further provision of marked parking bays, as per Appendices 1 & 2.

3.

Subject to no substantial objections, the No Stopping restriction be reduced and the marked parking bays be provided on Glebe Place, Penrith, as shown in Appendices 1 & 2.

4.

Following a swept path analysis, double barrier line marking be provided at the intersection of King Street and Glebe Place, Penrith, as shown in Appendix 3.

5.

The Resident who raised the matter be informed of Council’s outcome.

Tench Avenue and Boat Ramp / Coffee Club Entrance, Penrith Proposed Roundabout

RECOMMENDED That:

1.

The information contained in the report on Tench Avenue and Boat Ramp / Coffee Club Entrance, Penrith - Proposed Roundabout be received.

2.

The Design for a roundabout at the intersection of the Coffee Club Entrance and the Tench Avenue Boat ramp, Penrith along with a pedestrian refuge at its north-eastern boundary (Plan numbers: EW211, EW 212 and EW213), prepared by consultants SGCE (dated 26th October 2016), be endorsed with all works associated with the construction funded by the applicant.

3.

The applicant be requested to complete a street lighting assessment in

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28 November 2016

accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category, with any lighting upgrades funded by the developer. 4

"Ironman 70.3 - Sydney 2016" Event - Sunday, 27 November, 2016 Amendment to Road Closure Times

RECOMMENDED That:

1.

The information contained in the report on “Ironman 70.3 – Sydney 2016” Event – Sunday, 27 November, 2016 – Amendment to Road Closure Times be received.

2.

Condition 3 of Council’s approval notice dated 11 October, 2016 be amended to read: The temporary closure of the following roads be approved: * McCarthy’s Lane, between gate and Castlereagh Road * Castlereagh Road, between Andrews Road and Brooks Lane * Hinxman Road, between Castlereagh Road and Post Office Road * Post Office Road, between Castlereagh Road and Devlin Road * Brooks Lane, between Castlereagh Road and Wilshire Road * Wilshire Road, between Brooks Lane and Jockbett Road * Jockbett Road, between Wilshire Road and The Driftway * The Driftway, between Castlereagh Road and Londonderry Road from 3.30am to 2.00pm; and * Old Castlereagh Road, between SIRC and Castlereagh Road * Leland Street, between Castlereagh Road and Londonderry Road * Lugard Street, between Camden Street and Leland Street * Borec Road, between Cassola Place and Lugard Street * Cassola Place, from Borec Road; from 6.00am to 2.30pm; on Sunday 27 November 2016 for the “Ironman 70.3 – Sydney 2016” Event subject to the following conditions …”.

5

Fulton Lane, Penrith - Proposed "No Parking - Waste and Removalist Vehicles Excepted" Zone

RECOMMENDED That:

1.

The information contained in the report on Fulton Lane, Penrith - Proposed "No Parking - Waste and Removalist Vehicles Excepted" Zone be received.

2.

“No Parking – Waste and Removalist Vehicles Excepted” signage (R5-455 or R5-447 modified) be installed for the length of the indented bay (14.5m minimum) in Fulton Lane, at 12-14 Fulton Street, Penrith.

3.

The implementation of the zone is to be at no cost to Council.

4.

The applicant be advised of Council’s decision.

5.

Council’s Rangers be advised of Council’s decision.

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28 November 2016

Wainwright Lane, Kingswood - Proposed "No Parking - Waste and Removalist Vehicles Excepted" Zone

RECOMMENDED That:

7

1.

The information contained in the report on Wainwright Lane, Kingswood Proposed "No Parking - Waste and Removalist Vehicles Excepted" Zone be received.

2.

“No Parking – Waste and Removalist Vehicles Excepted” signage (R5-455 or R5-447 modified) be installed for a length of approximately 16m in Wainwright Lane at the rear of 208 Great Western Highway, Kingswood, generally in accordance with the plan prepared by Morsen Group, numbered 15093 A111/A.

3.

The implementation of the zone is to be at no cost to Council.

4.

The applicant be advised of Council’s decision.

5.

Council’s Rangers be advised of Council’s decision.

Australia Day Event at Jamison Park, Jamisontown - Thursday, 26 January 2017

RECOMMENDED That:

1.

The information contained in the report on Australia Day Event at Jamison Park, Jamisontown - Thursday, 26 January 2017 be received.

2.

The event applicant be advised that this is a Class 3 Event under the “Guide to Traffic and Transport Management for Special Events”, and that the following conditions and requirements specified in the Guide must be complied with prior to the event; a. A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with Council, prior to the event b. The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, 30 days prior to the event. In addition, the event applicant indemnifies Council, in writing, against all claims for damage and injury which may result from the proposed event. c. A detailed Traffic Control Plan be prepared by a qualified and certified professional and submitted to Council and NSW Police prior to the event. d. Where the Traffic Management and Traffic Control Plans indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification. e. The event applicant provides advice to Council prior to the event that the event complies with the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001. f.

The event applicant advertise the proposed traffic management arrangements in local newspapers and notify surrounding residents

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and businesses 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 Roads and Maritime Services Technical Direction TDT2002/11c. g. The event applicant notifies the Ambulance Service of NSW, fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Service of the proposed event and submits a copy of the notification to Council prior to the event. h. The event applicant notifies private bus companies of the proposed event and submits a copy of the notification to Council prior to the event. Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the event.

3. 8

i.

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.

j.

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

The applicant be advised of Council’s resolution.

Warwick Street and Stafford Street, Penrith - Proposed Change to Traffic Priorities and Additional Line Marking

RECOMMENDED That:

1.

The information contained in the report on Warwick Street and Stafford Street, Penrith - Proposed Change to Traffic Priorities and Additional Line Marking be received.

2.

The traffic priorities at the intersection of Warwick Street and Stafford Street, Penrith, be altered to provided traffic travelling through the intersection on Stafford Street the priority.

3.

The line marking and rumble bars be provided at the intersection of Warwick Street and Stafford Street, Penrith, as shown in Appendix 1.

4.

Advanced warning signage “Changed Traffic Conditions Ahead” be installed at suitable distances from the intersection of Warwick Street and Stafford Street, Penrith, on all approaches, and that nearby properties are notified of the changes.

5.

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

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28 November 2016

Jacana Way, Glenmore Park - Proposed Signs and Line Marking

RECOMMENDED That:

10

1.

The information contained in the report on Jacana Way, Glenmore Park Proposed Signs and Line Marking be received.

2.

A Give Way sign and holding line on Jacana Way be installed at the intersection with Thornbill Crescent, as shown in Appendix 1.

3.

Flexible guideposts be installed on the edges of the wide section of footpath to discourage parking in the area, as shown in Appendix 1.

4.

The resident be informed.

Preston Street and Regentville Road, Jamisontown, and Woodriff Street and Lethbridge Street, Penrith - Proposed Signage and Line Marking

RECOMMENDED That:

11

1.

The information contained in the report on Preston Street and Regentville Road, Jamisontown, and Woodriff Street and Lethbridge Street, Penrith Proposed Signage and Line Marking be received.

2.

The Give Way signage and associated line marking, and the double barrier line marking be installed, as shown in Appendices 1 & 2.

3.

The resident that reported the matter, and the residents and businesses adjacent to the proposed works be advised of Council’s resolution.

Doonmore Street, Penrith - Proposed Changes to Signage and Line Marking

RECOMMENDED That:

1.

The information contained in the report on Doonmore Street, Penrith Proposed Changes to Signage and Line Marking be received.

2.

The Bus Zone be retained and the times of operation changed to standard school zone times of ‘Bus Zone 8.00am – 9.30am school days’ as shown on Appendix 1.

3.

Zebra stripes, piano keys, pedestrian crossing signs and signs advising of a speed hump be installed on the existing children’s crossing to comply with signage and linemarking for a pedestrian crossing, as shown on Appendix 1.

4.

The ‘No Stopping’ zone on Doonmore Street on the south eastern side of the children’s crossing be reduced from 20.5 metres to 10 metres as shown on Appendix 1.

5.

Busways and Penrith Primary School be informed.

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28 November 2016

Nepean Private Hospital, Barber Avenue, Kingswood - Proposed Parking Restrictions

RECOMMENDED That:

13

1.

The information contained in the report on Nepean Private Hospital, Barber Avenue, Kingswood - Proposed Parking Restrictions be received.

2.

10 minute parking restrictions be placed across the three eastern car parking spaces, on Barber Avenue, Kingswood, fronting Nepean Private Hospital.

3.

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

4.

The General Manager of Nepean Private Hospital be informed of Council’s resolution.

Water Street, Emu Plains – Proposed Installation of Line Marking

RECOMMENDED That:

14

1.

The information contained in the report on Water Street, Emu Plains – Proposed Installation of Line Marking be received.

2.

Parking lane markings be installed to visually narrow the street, as shown in Appendices 1 to 3.

3.

City Works be requested to consider footpath provision along the northern side of Water Street, between Russell Street and Pyramid Street, to complement the footpath on the southern side.

4.

The resident, all Councillors and Centre Management at Centro Lennox be informed.

5.

A further report on the greater precinct /area be prepared and presented back to the Committee.

Boomerang Place and Lewis Road, Cambridge Gardens - Provision of Double Barrier Centre Line Marking

RECOMMENDED That:

1.

The information contained in the report on Boomerang Place and Lewis Road, Cambridge Gardens - Provision of Double Barrier Centre Line Marking be received.

2.

Consultation be undertaken with adjacent properties.

3.

Subject to no substantial objections, double barrier centre linemarking be provided at the intersection of Boomerang Place and Lewis Road, Cambridge Gardens, as shown on Appendix 1.

4.

The resident who reported the matter and the residents adjacent to the intersection of Boomerang Place and Lewis Road, Cambridge Gardens be advised of Council’s resolution.

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28 November 2016

Blacktown Road and Bennett Road, Londonderry - Review of Right Turn Movement

RECOMMENDED That:

16

1.

The information contained in the report on Blacktown Road and Bennett Road, Londonderry - Review of Right Turn Movement be received.

2.

That Council note the information.

Radar Speed Message Trailer - July to September 2016 Locations

RECOMMENDED That:

1.

The information contained in the report on Radar Speed Message Trailer July to September 2016 Locations be received.

2.

The locations of the Radar Speed Message Trailer for the July to September 2016 Quarter be noted.

GENERAL BUSINESS GB 1

Somerset Street, Kingswood – Proposed ‘No Stopping’ Zones

The purpose of this report is to consider the proposed implementation of No Stopping restrictions across resident’s driveways opposite Nepean Hospital on Somerset Street, Kingswood. The report recommends the restrictions be implemented. Background Representations were received from Councillor Marcus Cornish, on behalf of a resident, which was forwarded to Council’s Traffic Engineering officers for investigation. The residents request was for the possible adjustment of parking signage adjacent to driveways at house number 26 Somerset Street, Kingswood. Current Situation Council’s officers have investigated the specific concerns raised in relation to vehicles blocking the driveway. To help clarify the existing situation for drivers parking their vehicles in bays adjacent to your driveway, Council’s officers have recommended an adjustment to 4P parking signage at this location and the installation of No Stopping parking restrictions (as shown on the attached aerial photograph, Appendix 1). The recommended changes also cover the driveway at property number 28 (also shown in Appendix 1). It is anticipated that this will resolve the matter in terms of any possible confusion in the minds of drivers. In the instance that vehicles may continue to be deliberately parked in a manner that blocks these driveway Council has provided assistance to the resident in reporting the matter to Council’s Ranger Services or NSW Police. RECOMMENDED That:

1.

The information contained in the report on GB1. Somerset Street, Kingswood – Proposed No Stopping zones be received.

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2.

No Stopping parking restrictions be installed on Somerset Street as shown in Appendix 1.

3.

Council note the information.

Appendix 1: Somerset Street, Kingswood – Proposed ‘No Stopping’ zones

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28 November 2016

Mulgoa Rise Community Fair – Sunday, 13 November 2016

The purpose of this report is to inform Council of temporary road closures associated with the Mulgoa Rise Community Fair on Sunday 13 November 2016. The report recommends that Council note the information. Background The developer/landholder Mulpha Australia Limited has contracted the services of Connections Community Development to facilitate and make application for the event which is to be held on private property (Pinnacle Ridge Park) owned currently by the developer. The required documentation has been provided to Council by the event facilitator Connections Community Development. The Traffic Management Plan provided to Council states that this is a Class 3 event. As such, concurrence for the event was required from Council and Police. Due to the short time frame involved, following late submission of event documentation from the applicant, the matter was forwarded to voting members of the Local Traffic Committee in an emailed report, on Monday 31 October 2016, seeking concurrence from Council and Police. Concurrence was subsequently received from Sargent Matthew Shirvington and Councillor Karen McKeown. The recommendations that were forwarded in the emailed report for concurrence were as follows. That: 1. The Traffic Management Plan for Mulgoa Rise Community Fair be endorsed and approval be given for the temporary partial road closure of the southern end of Middlebrook Rise and Capstone Terrace, Glenmore Park, on Sunday 13 November 2016 from 11am to 3pm, subject to the following conditions: a. The event applicant be advised that this is a Class 3 Event under the “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified in the Guide must be complied with prior to the event. b. A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with the Council, prior to the event. c. The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, prior to the event. In addition, the event applicant indemnifies Council, in writing, against all claims for damage and injury which may result from the proposed event. d. A detailed Traffic Control Plan be prepared by a qualified and certified professional and submitted to Council and NSW Police prior to the event. The Traffic Control Plan must clearly demonstrate a minimum 3.0m travel lane will be maintained for resident and emergency vehicle access for the duration of the proposed road closure. e. Where the Traffic Management and Traffic Control Plans indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification. f.

The applicant obtains advice from NSW Police as to whether a Schedule 1 form, under the Summary Offences Act, is required to be submitted to Police. The applicant submits the Schedule 1 form to Police if required.

g. The event applicant provides advice to Council prior to the event that

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the event complies with the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001. h. The event applicant provide evidence of consultation with affected residents and evidence of resident concurrence with proposed road closures. i.

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

j.

The event applicant notifies private bus companies of the proposed event and submits a copy of the notification to Council prior to the event.

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

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

m. The event applicant ensures that event patrons and staff are advised to obey road rules and Police directions during the event. 2. The applicant be advised of Council’s resolution. Current Situation The matter has also been forwarded to RMS for concurrence as to whether the event satisfies the criteria for Class 3 Event designation under the “Guide to Traffic and Transport Management for Special Events”, and also for concurrence with the TMP which has been received by Council in writing from RMS. RECOMMENDED That:

GB 3

1.

The information contained in the report on GB2. Mulgoa Rise Community Fair be received.

2.

Council note the information.

Pyramid Street, Emu Plains – Review of Line Marking

Councillor Marcus Cornish requested to the Committee that a review be undertaken of the line marking on Pyramid Street, Emu Plains, particularly for the stretch of road from Water Street to Russell Street. RECOMMENDED That:

1.

That Council’s Traffic Section undertake a review of the line marking on Pyramid Street, Emu Plains.

2.

Following this review, a report be prepared for the Committee.

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GB 4

28 November 2016

Henry Street, Penrith – Review and Repair of Road Pavement

Matthew Shirvington of Penrith Police LAC requested to the Committee that a review be undertaken of the cobble stone pavement in lane 1 on Henry Street, Penrith, 20 metres west of the Station Street intersection. RECOMMENDED That Council’s City Assets section undertake a review of the cobble stone pavement in lane 1 on Henry Street, Penrith, 20 metres west of the Station Street intersection and undertake repairs as necessary. GB 5

Old Castlereagh Road, Penrith – Reduction of Speed Limit from 80km/hour to 60km/hour

Matthew Shirvington of Penrith Police LAC advised the Committee that he has received feedback following previous requests for the speed limit on Old Castlereagh Road, Penrith to be reduced from 80km/hour to 60 km/hour. Roads and Maritime Services have advised that they do not support a reduction in speed limit along this section of road. RECOMMENDED LTC 238 That Council’s Traffic Engineering section write a letter to the Roads and Maritime Services, requesting that they re-address the request for the speed limit to be reduced on Old Castlereagh Road, Penrith from 80km/hour to 60km/hour. GB 6

Gibson Avenue, Werrington – Dangerous Driving Concerns

Councillor Aaron Duke requested an update on his representations on behalf of residents regarding dangerous driving concerns on Gibson Avenue, Werrington. David Drozd, Traffic Engineering Coordinator advised Councillor Aaron Duke that investigations into this matter are progressing and still ongoing. RECOMMENDED That Council note the information. GB 7

REAL Festival and Ballet Under the Stars

Steve Grady of Busways advised the Committee that bus arrangements for both the REAL Festival (4 – 5 November 2016) and the Ballet Under The Stars (5 November 2016), operated without issue. Mr Grady conveyed thanks to the event organisers for their cooperation. RECOMMENDED That Council note the information. GB 8

Carrington Road and Bowman Road, Londonderry – Bus and Vehicle Accident

Steve Grady of Busways advised the Committee that there was an accident between a Busways bus and a small truck at the intersection of Carrington Road and Bowman Road, Londonderry on the morning of Friday 28 October 2016. The bus was travelling north on Bowman Road and failed to give way at the intersection of Carrington Road. The bus continued north onto the intersection and struck a small truck travelling, which caused to the truck to turn over onto its side. Mr Grady suggested that Council undertake a review of the signage and line marking at this

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intersection, following a complaint he received from a resident following this accident. RECOMMENDED That Council’s Traffic Engineering section undertake a review of the signage and line marking at the intersection of Carrington Road and Bowman Road, Londonderry. GB 9 Safety

Glenmore Park Shopping Centre – Traffic Congestion and Issues on Bend

Steve Grady of Busways advised the Committee of concerns he has about trucks parking on the bend at the Glenmore Park Shopping Centre, as a result of the current development works in the shopping centre precinct. Mr Grady said this poses a risk to both vehicles and patrons disembarking buses as cars are being forced to overtake buses. David Drozd, Traffic Engineering Coordinator advised the Committee that a report was prepared to implement ‘No Stopping’ provisions on this bend. RECOMMENDED That Council’s Traffic Engineering section discuss this matter with the DA Compliance team and request the Signage and Line Marking plans to install the ‘No Stopping’ signage be implemented as soon as practicable. GB 10 Safety

Glenmore Park Shopping Centre – Traffic Congestion and Issues on Bend

Councillor Marcus Cornish advised the Committee that traffic queues have recently increased in the afternoon peak period on Russell Street, Emu Plains, on the southbound approach to the Great Western Highway Intersection. Councillor Cornish advised the Committee that traffic queues are at times banking back to Pyramid Street. Councillor Cornish requested that the 2 southbound lanes of Russel Street be extended. RECOMMENDED That Council’s Traffic Engineering section investigate this matter and write to the Roads and Maritime Services requesting them to review the traffic light sequence at the Great Western Highway and Russell Street intersection. GB 11 Safety

Glenmore Park Shopping Centre – Traffic Congestion and Issues on Bend

Councillor Marcus Cornish advised the Committee that at 3:30pm to 4:00pm on weekdays, cars are conducting ‘burn-outs’ in Bromley Road, Emu Plains. Councillor Cornish suggested a higher Police presence could alleviate this problem. RECOMMENDED That Council’s Traffic Engineering section contact Penrith Police LAC advising them of the reported behaviour.

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28 November 2016

Werrington Arterial Road Project – Completion Date

Mark Elliott of St Marys Police LAC requested from the Committee, details of when the Werrington Arterial Road project is expected to be completed. Adam Wilkinson, Engineering Services Manager advised Mark Elliott that Council has been advised the project will be completed by the end of 2016. RECOMMENDED That the information be noted. GB 13

Station Street Car Park, St Marys – Pedestrian Fatality

Mark Elliott of St Marys Police LAC advised the Committee of an accident between a 4wheel drive vehicle and a pedestrian on a mobility scooter at the (private) Station Plaza Car Park in St Marys. The pedestrian was injured and as a result of the injuries sustained, passed away some days later. The matter is currently being investigated by the Coroner. Mark Elliott asked the Traffic Engineering Coordinator if Council could investigate removing the parking space adjacent to the pedestrian crossing. The Engineering Services Manager advised the Committee that as the incident occurred on private property and is subject to a Coronial Investigation, Council will need to review the determination made by the Coroner. RECOMMENDED That the information be noted. GB 14

Russell Street, Emu Plains – Review of Speed Limit

Councillor Karen McKeown requested a review of the variable speed limits along the length of Russell Street, Emu Plains. There is a need to ensure a consistent speed limit to avoid confusion. RECOMMENDED That Council write to the Roads and Maritime Services seeking a review of speed limits along Russell Street, Emu Plains.

There being no further business the Chairperson declared the meeting closed the time being 11:20am.

RECOMMENDATION That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 November, 2016 be adopted.

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REPORT AND RECOMMENDATIONS OF THE POLICY REVIEW COMMITTEE MEETING HELD ON 14 NOVEMBER, 2016

PRESENT His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Marcus Cornish, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Joshua Hoole, Karen McKeown, Kath Presdee and Ben Price. LEAVE OF ABSENCE Leave of Absence was previously granted to Councillor Kevin Crameri OAM for the period 8 November 2016 to 23 November 2016 inclusive. APOLOGIES There were no apologies. CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 10 October 2016 The minutes of the Policy Review Committee Meeting of 10 October 2016 were confirmed. DECLARATIONS OF INTEREST Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 5 – Penrith CBD Corporation Three-year Strategy and Operations Report 2015-16 as he is an office bearer of the Penrith CBD Corporation. Councillor Jim Aitken OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 5 – Penrith CBD Corporation Three-year Strategy and Operation Report 2015-16 as he is a property owner within the Penrith CBD. DELIVERY PROGRAM REPORTS OUTCOME 1 - WE CAN WORK CLOSE TO HOME 1

Penrith City Children's Services Cooperative Ltd

RECOMMENDED That:

1.

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

2.

Council agree to underwrite the operation of Penrith City Children’s Services Cooperative Ltd until the presentation to Council of the Penrith City Children’s Services Cooperative Ltd Annual Report for 2016-17.

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OUTCOME 4 - WE HAVE SAFE, VIBRANT PLACES 5

Penrith CBD Corporation Three-year Strategy and Operations Report 2015-16

Councillor Aaron Duke left the meeting, the time being 7:37pm. Councillor Aaron Duke returned to the meeting, the time being 7:40pm. Councillor Todd Carney left the meeting, the time being 7:44pm Councillor Todd Carney returned to the meeting, the time being 7:46pm RECOMMENDED That:

1.

The information contained in the report on Penrith CBD Corporation Threeyear Strategy and Operations Report 2015-16 be received.

2.

That Council receive a further report on the Penrith CBD Corporation’s Three-year Strategy 2016-2019 and Business Plan 2016-17.

3.

Council thank and congratulate Owen Rodgers for his contribution to Penrith CBD Corporation as Chairman of the board.

OUTCOME 2 - WE PLAN FOR OUR FUTURE GROWTH 2 Review of Resolution of Council Regarding Determination of Place of Public Worship and Community Centre Development Applications RECOMMENDED That: 1. The information contained in this report on Review of Resolution of Council Regarding Determination of Place of Public Worship and Community Centre Development Applications be received. 2. Council adopt a policy that all development applications for places of public worship and community centres including applications for modification of consent under section 96 of the Environmental Planning and Assessment Act 1979, be determined in accordance with the same procedures applying to every other DA. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result: For Councillor John Thain Councillor Kath Presdee Councillor Karen McKeown Councillor Greg Davies Councillor Ross Fowler OAM Councillor Aaron Duke Councillor Todd Carney Councillor Ben Price

Against Councillor Bernard Bratusa Councillor Mark Davies Councillor Jim Aitken OAM Councillor Tricia Hitchen Councillor Marcus Cornish Councillor Joshua Hoole

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Draft Public Benefit Policy

RECOMMENDED That:

4

1.

The information contained in the report on Draft Public Benefit Policy be received.

2.

Council adopt the Public Benefit Policy as amended and attached, effective on the date the LEP amendment to insert an Incentives Clause within the Penrith LEP 2010 is made.

3.

The General Manager be granted delegation to make minor changes to the Policy prior to the commencement of the Policy.

Stormwater Drainage Guidelines for Building Developments

RECOMMENDED That:

1.

The information contained in the report on Stormwater Drainage Guidelines for Building Developments be received.

2.

Council endorse the Stormwater Drainage Specification for Building Developments.

3.

The Stormwater Drainage Specification for Building Developments be applied to civil works associated with Development Applications lodge after Council’s endorsement of the document.

4.

Reference and information in Penrith Development Control Plans 2014 and Council’s Guidelines for Engineering Works for Subdivisions and Developments Part 1: Design be updated to be consistent with the adoption of Stormwater Drainage Specification for Building Developments.

5.

The final specification be reviewed by Engineering Services periodically with only substantial amendments to be reported to Council.

6.

Council Officers write to our partners within the industry that provided feedback and commentary, thanking them for their time and input.

OUTCOME 7 - WE HAVE CONFIDENCE IN OUR COUNCIL 6

Councillor Working Parties

Councillor Mark Davies left the meeting, the time being 8:16pm and did not return. RECOMMENDED That: 1. The information contained in the report on Councillor Working Parties be received. 2. The Committee confirms the following seven working parties for the current Council term: a) Communication Working Party b) Domestic Waste Services Working Party c) Finance and Economic Opportunities Working Party

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d) Floodplain Management Working Party e) Library Services Working Party f)

Multicultural Working Party

g) Recreation Working Party 3. The Committee confirms the formation of a new Resilience Committee with non-Councillor membership and Terms of Reference to be considered at the first meeting of the Resilience Committee and reported to Council for confirmation. 4. The membership for each working party and the Resilience Committee be four Councillors, nominated at the next Council meeting. There being no further business the Chairperson declared the meeting closed the time being 8:17pm.

RECOMMENDATION That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 14 November, 2016 be adopted.

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DELIVERY PROGRAM REPORTS Item

Page

OUTCOME 1 - WE CAN WORK CLOSE TO HOME 1

Economic Development Strategy and Model

1

2

Real Festival

8

OUTCOME 2 - WE PLAN FOR OUR FUTURE GROWTH 3

Heritage Assistance Fund

15

4

Chronology of events surrounding outcome of Class 1 Land and Environment Court appeal – Refused Building Certificate Application BC15/0048 for a Solid Metal Panel Fence and Section 96 Modification Application Appeal 15/10683 at (No.41-47) Jolly Street, Castlereagh Applicant: Ty and Deanne Gosling; Owner: ~Ty and Deanne Gosling

18

Nomination of Panel Members from the Joint Regional Planning Panel to Sydney West Planning Panel

25

Temporary Commuter Parking - Approval to undertake work on Lot 3003 , 3004, 3005 DP 1184489 Applicant: Penrith City Council; Owner: ~Urban Growth NSW

27

Development Application No. DA15/0517 for Alterations & Additions to Existing Sikh Worship Centre & Punjabi Cultural School at Lot 13 DP 30274, (No. 15-27) Blaikie Road, Jamisontown Applicant: N.F. Billyard Pty Ltd; Owner: ~Sikh Association of Australia Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

29

5 6

7

OUTCOME 3 - WE CAN GET AROUND THE CITY 8 9 10 11

Tender Reference 16/17-07, WSIP, LRP - Construction of Bringelly Road & Caddens Road Roundabout, Kingswood

57

Tender Reference 16/17-08, WSIP, LRP - Design of Erskine Park Road Upgrade

60

Tender Reference 16/17-06, Demolition of Allen Place Elevated Carpark

64

Review of Environmental Factors (REF) for The Northern Road Upgrade (Stage 3) between Glenmore Parkway, Glenmore Park and Jamison Road, South Penrith

68

OUTCOME 6 - WE'RE HEALTHY AND SHARE STRONG COMMUNITY SPIRIT 12

Youth Week 2017 Program - Funding Recommendations

13

Applications to the Federal Government's Community Development Grants (CDG) Programme

100

Naming of a park in St Clair

104

14

94

OUTCOME 7 - WE HAVE CONFIDENCE IN OUR COUNCIL 15

Organisational Performance Report - September 2016

110

16

Proposed Council Meeting Calendar for 2017

116

17

Code of Conduct - Report on Complaints Statistics

120

18

Councillor Working Parties

122

19

Annual Report 2015-16

124

20

Tender Reference RFT 16/17-01 Provision of an E-Recruitment, On Boarding and Learning Management System

126

Summary of Investments & Banking for the period 1 October to 31 October 2016

133

21

OUTCOME 1 - WE CAN WORK CLOSE TO HOME Item

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Economic Development Strategy and Model

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2

Real Festival

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Economic Development Strategy and Model

Compiled by:

Tanya Jackson, Economic Initiatives Coordinator

Authorised by:

Kylie Powell, Economic Initiatives Manager

Outcome Strategy Service Activity

We can work close to home Diversify the region's economy and attract investment, particularly targeting new and emerging employment sectors Work with partners to create a more sustainable economy for Penrith and the region

Executive Summary The Economic Development Strategy (EDS) provides a strategic framework for how Council can best support economic development, foster greater investment and grow jobs in Penrith. It provides Council with target sectors for jobs growth and areas of focus to stimulate economic development across the City. The goal for Penrith is to achieve an increase in total local jobs of up to 55,000 by 2031. This target can be met through growing new jobs in a range of areas with a focus on health, education, tourism, arts and culture, advanced manufacturing, and advanced logistics. This will be complemented by growth in service activity in the night-time economy, small business (including start-up activity) and residential services. This report provides an overview of the EDS, key initiatives for the next 4 years, achievements delivered by the Economic Initiatives team to date, and the proposed model for delivery. Job targets and sectors The EDS sets a goal for Penrith to achieve an increase in total local jobs of between 42,000 and 55,000 by 2031. The proposed job target for Penrith was determined using a goal of an Employment Self-Sufficiency (ESS) of 1 (i.e. one job for every resident worker) and a detailed quantitative analysis of industry potential undertaken by Geografia Pty Ltd. Based on an estimate resident population 244,599 and resident workforce of 122,300 in 2031 an ESS of 1 would mean an additional 53,000 jobs from 2011. Based on quantitative analysis, Geografia Pty Ltd estimated the following employment growth for industries with growth potential resulting in over 47,000 additional jobs by 2031 (refer Table 1). Industry

Employment (2013)

Mean Employment (2031)

Change

Preschool and School Education

4,953

11,784

6,831

Hospitals

3,372

7,486

4,114

Social Assistance Services

2,506

6,112

3,606

Medical and Other Health Care Services

2,564

5,877

3,313

Professional, Science & Technical except

2,146

5,034

2,888

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Industry

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Employment (2013)

Mean Employment (2031)

Change

Computer System Design & related Services Construction Services

3,768

6,604

2,836

Tertiary Education

2,009

4,770

2,761

Road Transport

2,322

4,372

2,050

817

2,813

1,996

Residential Care Services

1,164

2,677

1,513

Building Construction

1,255

2,421

1,166

Agri-food processing and manufacturing1

2,328

2,955

626

Other Industries

41,230

55,236

14,005

TOTAL

70,4342

118,141

47,706

Sports and Recreation Activities

Table 1 ‘Star Industries’ Sector Growth Potential Source: NIEIR, 2014; Geografia, 2015

Based on this analysis, a realistic target of 42,000 additional jobs and a stretch goal of 55,000 additional jobs is proposed. This target can be met through growing new jobs in health, education, tourism, arts and culture, advanced manufacturing, and advanced logistics. Penrith can attract a greater share of knowledge jobs through targeted strategies that focus on growing the knowledge intensity of strategic industries (e.g. professional occupations in health, education, manufacturing and freight and logistics). This will be complemented by growth in service activity in the night-time economy, small business (including start-up activity) and residential services. Penrith’s leverage points There are clear leverage points and sectorial strengths for driving growth in the City, so that it capitalises on the opportunities available and reaches its full potential. These are:  Sectorial strengths. Building on sectoral strengths identified for Penrith which range across the education, health, professional services, construction, arts and recreation (tourism), transport and logistics, advanced manufacturing and agriculture sectors.  Leveraging from population growth. Transforming population servicing enterprises into wealth generators by continuing to evolve as a major regional hub.  Advocating for State-shaping infrastructure. Lobbying to ensure instrumental infrastructure is delivered to the region, particularly the north-south rail link.  Game-changing catalytic development and projects. This includes opportunities associated with the Western Sydney Airport (WSA) and Western Sydney Priority Growth Area (WSPGA), transformation of the Penrith City Centre and St Marys Town Centre, supporting the continued expansion of Penrith Health & Education Precinct (PHEP), including activities that are complementary to health and education, and growing major employment precincts and the ‘Nepean node’ of the east-west economic corridor.  High urban amenity. Improving urban amenity to attract new investment, particularly in arts and culture, recreation and bespoke services and manufacturing. 1

This includes food product manufacturing; beverage and tobacco product manufacturing; machinery and equipment manufacturing; and grocery, liquor and tobacco product wholesaling. 2 This analysis excludes those employed in private households (n=13).

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 





28 November 2016

Continued focus on PHEP and transformation of our City Centres including growing the night-time economy. High value social capital. Improving social capital, with a focus on Small to Medium Enterprises (SMEs). Availability of land. Access to and scale of land sets us apart from other Greater Sydney areas and presents opportunities for a range of industries and development. Council’s significant property portfolio also offers the opportunity to deliver a range of community and city shaping outcomes. Regional leadership. Consolidating Penrith’s role as a regional hub, cooperating across Western Sydney (particularly Blue Mountains and Hawkesbury Councils) and facilitating innovative solutions to local economic development. Amenity, lifestyle and opportunity. Alongside jobs, Penrith must also provide and foster greater housing and lifestyle choices to attract all forms of professionals and skilled workers.

A summary of the target sectors, job numbers, strategies and areas for focus are shown in Attachment 1, and a copy of the EDS is at Attachment 2. Key achievements Transforming the Penrith City Centre is the key to becoming the beating heart of the New West. The key achievements in delivering economic development in the City are outlined below. 1. Penrith Progression Penrith Progression is a blueprint for delivering a City Centre that is economically thriving, and a unique and vibrant place to live, work and play. We are working collaboratively with partners to deliver innovative development and actively progress initiatives in the six Opportunity Precincts, together with catalyst projects to assist in achieving the vision for the City Centre. In delivering the Action Plan, significant outcomes achieved in the past year include:  An Expression of Interest (EOI) and subsequent Request for Proposal (RFP) for Reserve Street (Precinct 2) for the development of aged care and complementary uses. Commercial terms are being discussed with a preferred proponent.  An EOI and subsequent RFP for Union Road for a city shaping mixed use development including a multi-deck carpark providing an additional 1,000 car spaces.  Completion of a Night Time Economy Strategy.  Development of a Short-Term Accommodation Feasibility Study to support Council’s Destination Management Plan. To advance the priority Opportunity Precincts over the next year, our focus is on preparing an EOI for the City Park in the Central Park Village (Precinct 1), developing a Structure Plan for Living Well (Precinct 2) and completing a comprehensive site analysis for Community, Culture + Civic (Precinct 5). In addition, we are undertaking research on the economic and job opportunities generated by the proposed WSA. 2. Penrith Health and Education Precinct (PHEP) The PHEP Strategic Vision was developed in collaboration with key stakeholders and adopted in 2011. PHEP is a specialised precinct for health education, research and related industries located in Kingswood / Werrington. The vision for PHEP is ‘To become one of Australia’s premier destinations for health, education, medical research and related industry over the next 10 years’. When the strategic vision was first developed in 2011, the Precinct

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had the potential to provide 13,000 jobs, 4,500 dwellings and facilities for an additional 15,000 students. Work is currently underway on renewing the PHEP strategic vision to develop the Precinct’s future focus and activity. This work is looking at the potential to use technology as an enabler to drive innovation in health care and medical research and deliver greater investment in the region’s business ecosystem. Emerging themes and points of difference for specialisation in Precinct are preventative and lifestyle health, allied health training, telehealth and research and development. The final Action Plan is scheduled for completion and launch in early 2017. 3. Investment facilitation A key component of the economic development program is investment facilitation. There are a range of approaches used by the Economic Initiatives team to facilitate investment in Penrith. These include:  Promoting investment opportunities through our Invitation to Partner  Building strategic partnerships (including Western Sydney University [WSU], TAFE, government agencies) to work together to realise our shared goals and objectives  Working with key landowners to facilitate the development of land and deliver the vision for Penrith (including Panthers, Penrith City Centre landowners, PHEP, WSU)  Consideration of options for Council’s landholdings to stimulate development (including Union Road, Reserve Street and the highly significant Carpenter’s site on the corner of Mulgoa Road and High Street)  Providing support for investment opportunities by helping businesses identify appropriate sites  Providing support to key developers by identifying a single point of contact in Council, assisting in managing development applications and rezoning proposals (eg Cabe residential development at Panthers, and Shanghai Minhang on Station Street). A policy framework is being developed to guide and support this partnership approach to investment facilitation. 4. New West marketing and promotion Our goal in 2016 was to achieve a 25% increase in traffic on the website www.PenrithNewWest.com.au, double eNewsletter subscriptions and double social media following. From January-September 2015 to January-September 2016, there was a 37% increase in website page views. From September 2015 to September 2016, the eNewsletter has seen a 96% increase in subscriptions, Facebook ‘likes’ have increased by 70% and Twitter followers have increased by 55%. Economic development delivery model The Penrith Business Alliance (PBA) was established in 2009 and funded by Council until 2015. Penrith Progression – A Plan for Action was launched in February 2015, and generated a need to shift in focus from planning to implementation and delivery. To facilitate the delivery of Penrith Progression and other major economic initiatives, including significant job creation, an internal department was established with the appointment of a Manager in August 2015. The Economic Initiatives department has now been in place for 12 months with resources progressively added over that time (to the limit of the PBA funding). It is timely to review the

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current approach, particularly in the context of the rapidly changing economic landscape and the city shaping opportunities that are emerging. These major economic initiatives, which will require targeted attention, include the WSPGA, Sydney Science Park, the WSA, economic development along the River, and the recently announced Western Sydney City Deals program. ‘Once in a lifetime’ opportunities such as the WSA and the WSPGA are now at the stage of requiring a focus on delivery through strong facilitation and coordination. We need the capacity to actively engage and respond to these and other major projects that will no doubt continue to emerge. The success of the Reserve Street and Union Road EOI processes, and the interest from the industry that this has generated, demonstrates the need for Council to continue to assemble a pipeline of catalytic projects. With work underway on City Park, Carpenters and Living Well, a strong strategic focus needs to continue in this space. The current and projected work program demonstrates the changing economic opportunities, and the scale of City shaping and catalytic projects that are now emerging. Strong momentum is currently being experienced, with opportunities emerging faster than previously anticipated. We have the ability to bring forward transformative projects and compress what otherwise might be lengthy lead times with sufficient focused and dedicated resources. Economic delivery model options For five years (November 2009 – June 2015) Council’s economic development service was delivered by the PBA, following a review of options by Council in 2008 to deliver Citywide economic development and employment services. The 2009 Deed of Agreement between Council and the PBA outlined broad deliverables, with a particular focus on the creation of 40,000 jobs by 2031. The PBA’s mission was ‘to promote sustainable economic growth for Penrith as a Regional City through innovation, strategic alliances, enterprise development and investment attraction.’ The entity was guided by a Board formed with broad representation from a range of key employment and development sectors, and Council representatives. It was required to report annually to Council on its achievements and proposed Business Plan for the next twelve months. A review of the PBA was undertaken in 2014, as the Deed of Agreement drew to a close. The review demonstrated that the strategic objectives of Council and the PBA, with respect to economic development in the City, were no longer aligned. It also became evident that while the PBA delivered many positive outcomes for the City, particularly the Penrith Health and Education Precinct, it was not best placed to deliver the ‘implementation’ stage of economic development activity across the City. From August 2015, economic development has been delivered as an internal Council service. In resolving to temporarily redirect the PBA funding in June 2015, Council also asked for examination of the most appropriate economic development delivery model for the future. The appropriate models to provide economic development services are a noncontrolled company, a controlled entity, or an in-house model (a summary of the models is included in Attachment 3). 1. A non-controlled company (Company limited by Guarantee). This would be similar to the previous PBA model, with control exercised through a contractual agreement; 2. A controlled entity (most probably a Company limited by Guarantee) where Council controls the membership;

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3. Council staff or a committee of Council (the in-house model). This may include Council directly engaging consultants, and may also involve an external expert panel, similar to the Property Development Advisory Panel. Given the demonstrated alignment of the current service with Council’s objectives for economic development, and the significant achievements delivered ‘on the ground’ in the past twelve months, the proposed delivery model is in-house. The establishment of the Property Development Advisory Panel (PDAP) has proven to be very successful with the provision of quality expert advice which has effectively supplemented internal expertise. Based on this model, it is suggested that, if an internal model is supported, it could be guided by an external expert advisory and ‘delivery audit’ group similar to the PDAP. Financial Services Manager Comment This adoption of the in house model will result in the continuation of the current resourcing arrangements which have included four full time equivalent staff members and associated program costs. Funding for this model has been provided for utilising the existing recurrent allocation for economic development and could continue to be accommodated within the existing allocation on a permanent basis. Conclusion Significant employment precincts such as the WSA, WSPGA and PHEP will create opportunities to grow industries that are not currently driving income and job growth in Penrith, particularly in:  A future aerotropolis around the WSA, creating a new urban development form that includes aviation intensive business and related enterprises.  Tourism and hospitality (gateway location to Blue Mountains and closest regional city centre from WSA).  Knowledge intensive jobs, particularly in advanced manufacturing, advanced logistics and medical research and technology. Alongside the jobs, we must also encourage greater housing and lifestyle choices to attract professionals and skilled workers. Penrith can capitalise on its location at the point (i.e. ‘Nepean node’) of the east-west economic corridor and the potential to grow professional service jobs in this corridor. We also need to continue marketing our significant role as a Regional City servicing the airport, the north-west and south-west growth corridor, and Blue Mountains, Hawkesbury and the Central West region. Penrith’s location, land, infrastructure, increasing diversity and strong leadership are key points of difference and opportunity to activate economic development. The jobs target is bold and will only be achieved through focused action with a range of partners. To achieve a more sustainable economy, we need to work with business, industry, the community and government to reduce the gap between the job supply and demand in Penrith; meet job targets; support training and up-skilling of the resident workforce; capitalise on existing industries and areas of specialisation; and ensure resilience through economic diversity. The Economic Development Strategy identifies the way forward.

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RECOMMENDATION That:

1.

The information contained in the report on Economic Development Strategy and Model be received

2.

Council adopt the draft Economic Development Strategy

3.

Council adopt the in-house economic delivery model as outlined in this report, supported by an expert panel

4.

A report be brought back to Council outlining details of the expert panel in terms of its proposed composition and operations.

ATTACHMENTS/APPENDICES 1. EDS Summary ⇩

1 Page

Attachments Included

2. ⇩

Penrith Economic Development Strategy November 2016

34 Pages

Attachments Included

3. ⇩

Economic model

2 Pages

Attachments Included

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28 November 2016

Real Festival

Compiled by:

Colin Dickson, Marketing & Events Co-ordinator

Authorised by:

Barbara Magee, Manager - Corporate Marketing and Customer Service

Outcome Strategy Service Activity

Communications,

We can work close to home Diversify the region's economy and attract investment, particularly targeting new and emerging employment sectors Build on our partnerships and alliances to achieve shared aspirations for the City's future

Executive Summary Over the course of 2016 Councillors were presented with a number of reports on the proposed delivery of an iconic and unique Penrith River Festival at Tench Reserve. This Festival was to meet Council’s objectives to activate the Nepean river precinct and create an inaugural event with potential to become a major regional festival. On November 4 and 5, the inaugural Real Festival took place and was widely described by participants and attendees as one of the best events ever held in Penrith. Approximately 20,000 people attended the event that focused on Penrith’s river, environment, art and lifestyle. The majority of attendees came from the Penrith community, around 20% came from outside the city and 3% from interstate. This resulted in an impact on the Penrith City economy of approximately $800,000 from visitors to the area. (source: .idcommunity - National Economics – Modelled series). The success of the Real Festival creates the opportunity to grow this impact to a much higher level in future years. It is recommended that the information in the report on the Real Festival be received. Background A flagship event for Penrith was identified as a key deliverable for 2016 to assist with growing the local visitor economy and activating the Nepean River precinct with more regular activities. Since 2011, Music by the River, Sunday Siestas and Cinema in the Park have been successfully delivered at the river. The Real Festival took this activation to a new level while boosting the visitor economy and creating a unique experience for both the local community and visitors to the region. The Real Festival On Friday 4 and Saturday 5 November, the Real Festival took place at Tench Reserve, the culmination of many months of exhaustive planning that included support from in excess of 50 staff from across the organisation. The festival explored four key themes: river, environment, art and lifestyle. These themes formed the acronym for the event name and inspired the program of activities, entertainment and experiences over the two days.

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The festival offered different experiences over the two day program. On Friday evening the event commenced at 5pm with an outdoor art gallery showcasing illuminated and interactive art, Sydney’s most popular food trucks served a variety of cuisines, there was a special Aboriginal cultural performance and musical entertainment was provided by local performers and acclaimed didgeridoo player and composer, WillIiam Barton. Younger visitors were entertained with science shows and circus works and roving performers kept everyone entertained. The evening culminated with a spectacular pyrotechnics display. Saturday was an opportunity for people to connect with nature and explore and experience our beautiful Nepean River while taking some time out to think about their health and the environment. Early morning workshops - fitness classes, bird watching and bush tucker were all well attended and on the water sports such as kayaking, rowing and dragon boating brought the river to life. Kids were entertained by educational performances from ABC’s Dirt Girl World while sustainable living workshops with ABC TV’s Gardening Australia host, Costa Georgiadis gave sustainable living tips and garden advice and 2GB’s nutritionalist, Susie Burrell, provided hints on how to eat well. Council services were showcased including a pop-up library, mobile playvan, food safety activities, a photo booth and environmental services talked about sustainability and lifestyle tips. The very popular food trucks and entertainment returned again on Saturday as well as 50 market stalls that lined the western edge of Tench Avenue. By any standards the inaugural Real Festival was an outstanding success. Approximately 20,000 people attended the event over the two days and more than 1,200 messages were left (or shared) on Facebook, Instagram and Twitter with the overwhelming majority being very positive comments. We saw some amazing numbers on social media by implementing a targeted campaign. The official Penrith City Council Real Festival Event page reached 726,000 people and 145,000 viewed the page. Of that 145,000, 26,000 responded that they were interested or going to the event. 113 businesses and individuals shared or contributed a post on the Real Festival and there were 336 posts which used the hashtag #penrithrealfest. Social media coverage by Penrith City Council saw 146 posts over the five week campaign on the Penrith City Council and Visit Penrith Facebook, Instagram and Twitter accounts and a series of videos produced in-house by Council staff reached 45,000 viewers on Council’s websites. More traditional media coverage was also very impressive:  Real Festival event listings were placed on twelve major lifestyle websites including Sydney.com, Visitnsw.com, What’s On Sydney  Nine major feature stories in local newspapers.  Three major features in metro newspapers: Daily Telegraph online, Sydney Morning Herald Spectrum and Daily Telegraph BW Magazine.  Two major features in glossy metro magazines: Take 5 and Timeout-Sydney.  Three major features in online magazines: Broadsheet Sydney, Concrete Playground and Timeout Sydney  Seven feature articles in lifestyle websites: Kids Size Living, Sydney Weekender, Weekend Notes and Arts Hub  Two radio interviews: 2GB Chris Smith Program and 2BS Bathurst

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 Four week campaign with leading children’s website Ellaslist, Electronic Distribution Message feature article, Facebook promotions, website advertising and two feature articles. At the event 260 surveys were collected from attendees revealing some interesting statistics:  76% of attendees were from the Penrith region and 20% were from elsewhere in NSW and 3% were from outside NSW or Australia.  Nearly 20% attended both days.  Of the people from Penrith: 69% have lived here more than 10 years  Most people found out about the REAL festival from Facebook, followed by word of mouth, then from a print media source.  People overwhelmingly selected 8, 9 or 10 out of 10 for how satisfied with the festival they were.  96 people provided suggestions on how the festival can be made more inclusive and 51 provided suggestions on sustainability workshops Council can run in the future. The event was enhanced with the contributions from sponsors including Busways, JK Williams, The Western Weekender, Vintage FM, Nutrition Station, Club Paceway and Ripples; totalling $29,269 in-kind and cash sponsorship. Cost break-down

Friday Evening/Saturday Event Stage/Production Hire Equipment Services Design, Printing, Marketing & Media Event Staff time at event Compliance & Waste City Presentation Services

$ 128,921 10,057 80,477 50,709 30,000 12,000 13,000 25,000 350,164

Financial Services Manager’s Comment The Real Festival budget was accommodated within the existing Corporate Communications and Marketing budget, with the exception of $42,679 proposed to be funded from General Revenue. Additional General Revenue funds and reallocations from existing programs are required to fund the Festival and are proposed in the separate Organisational Performance Report - September 2016 tabled at this 28 November 2016 Ordinary Council Meeting. Further adjustments up to the total final cost outlined in this report will be accommodated from within the existing operational budgets and bringing the income to account. Conclusion Following the outstanding success of the inaugural Real Festival there is great optimism that this event has the capacity to become an iconic event for Penrith and the region. The event struck a chord with residents and visitors providing them the opportunity to explore the Nepean River in a unique fashion. A formal debrief is underway to determine future activities and other aspects of the Real Festival.

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RECOMMENDATION That:

1.

The information contained in the report on Real Festival be received.

2.

The sponsors be thanked for their contributions to the 2016 Real Festival.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY

OUTCOME 2 - WE PLAN FOR OUR FUTURE GROWTH Item

Page 3

Heritage Assistance Fund

15

4

Chronology of events surrounding outcome of Class 1 Land and Environment Court appeal – Refused Building Certificate Application BC15/0048 for a Solid Metal Panel Fence and Section 96 Modification Application Appeal 15/10683 at (No.41-47) Jolly Street, Castlereagh Applicant: Ty and Deanne Gosling; Owner: ~Ty and Deanne Gosling

18

Nomination of Panel Members from the Joint Regional Planning Panel to Sydney West Planning Panel

25

Temporary Commuter Parking - Approval to undertake work on Lot 3003 , 3004, 3005 DP 1184489 Applicant: Penrith City Council; Owner: ~Urban Growth NSW

27

Development Application No. DA15/0517 for Alterations & Additions to Existing Sikh Worship Centre & Punjabi Cultural School at Lot 13 DP 30274, (No. 15-27) Blaikie Road, Jamisontown Applicant: N.F. Billyard Pty Ltd; Owner: ~Sikh Association of Australia Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

29

5 6

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Heritage Assistance Fund

Compiled by:

Clare Aslanis, Senior Environmental Planner

Authorised by:

Peter Wood, Development Services Manager

Outcome Strategy Service Activity

We plan for our future growth Facilitate quality development that encourages a range of housing types, employment, recreation and lifestyle opportunities Delivery timely assessment, regulation and certification of development and building work in accordance with statutory requirements

Executive Summary The purpose of the report is to report on the new funding assistance in the current 2016/2017 financial year. The level of funding offered is $21,000. Penrith City Council has continued to recognise local cultural heritage values, and to promote the City’s cultural and environmental heritage by establishing a Heritage Assistance Fund with $21,000 funding available. This funding includes Council’s $15,000 contribution and $6,000 received through a grant from the Office of Environment and Heritage. The heritage assistance fund has been set up to financially assist owners, lessees and notfor-profit organisations of heritage items and conservations areas such as buildings, houses and archaeological sites. The fund also offers grants for conservation work to properties listed in Penrith Local Environmental Plan 2010 as heritage items or within heritage conservation areas. Funding is on a $1 for $1 basis where Council contributes half of the cost of the restoration works. Works can range from $1000 to a maximum of $5,000 of works. Funding is issued upon completion of all approved works. The funding was advertised in the local newspaper and applications closed on 15 August 2015. Background A successful application will demonstrate that the proposed works are essential to maintaining the significance of an item that is, the work is appropriate from a heritage perspective and achieves the selection criteria as follows: Criteria 1: Conservation work required to the item and urgent projects to avert a threat to a heritage item. Projects subject to conservation controls where the owner is able to show hardship arising from conservation work required to the item. Criteria 2: Projects that have satisfied submission requirements: details of proposed works and schedule of the specific works to be undertaken, submission of two quotes. Criteria 3: Demonstrate the proposed works is appropriate from a heritage point of view and would encourage the conservation of other heritage items. Criteria 4: Projects that demonstrate value to the community. Projects those are highly visible to the public, e.g. the replacement of a verandah to a building in a main street location.

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Successful Applicants Out of the thirteen applications, eleven applications have been chosen for the funding and are listed in the table below. The applications not selected did not meet the eligibility criteria as one was a commercial business and the other proposed works that did not contribute to the heritage significance of the item.

1

Heritage Item & Address

Proposed Works

Estimated cost of works

52 Beach Street, Emu Plans

Replacement and repair to roofing

$10,000.00 $2,190.00

Masonry repair work to columbarium wall

$1,500.00

Replacement and repair to roofing

$16,500.00 $2,190.00

Replacement and repair to roofing

$10,000.00 $2,190.00

Restoration of front veranda

$5,260.00

Replacement and repair to roofing and paintwork

$15,675.00 $2,190.00

Replacement of damaged cladding and roofing

$4,950.00

$2,000.00

Repair work to cracks in walls and paintwork

$5,830.00

$2,000.00

Paintwork

$1,750.00

$875.00

Huntington Hall 2

299-311 Great Western Highway, St Marys St Mary Magdalene Church and Cemetery

3

59 Castlereagh Street, Penrith Cottage

4

282 Aldington Road, Kemps Creek Farmhouse

5

154 Derby Street, Penrith Former Presbyterian Church

6

61 Castlereagh Street, Penrith Cottage

7

16 Hemmings Street, Penrith Cottage

8

142 High Street, Penrith Kelvin Brae

9

236 Coreen Avenue, Penrith

Grant

$750.00

$2,600.00

Coombewood

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10 73 Forbes Street, Emu Plains House 11 6-9 Tallowood Place, Cranebrook Kenilworth

28 November 2016

Replacement and repair to roofing

$7,000.00

$2,000.00

Repair staircase and fireplaces

$12,958.00 $2,000.00

Conclusion The applications were presented to the Heritage Advisory Committee meeting held 25 August 2016. The committee has endorsed the allocation of funding as outlined above. RECOMMENDATION That:

1.

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

2.

Council endorse the funding allocation as outlined in the report.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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Chronology of events surrounding outcome of Class 1 Land and Environment Court appeal – Refused Building Certificate Application BC15/0048 for a Solid Metal Panel Fence and Section 96 Modification Application Appeal 15/10683 at (No.4147) Jolly Street, Castlereagh Applicant: Ty and Deanne Gosling; Owner: Ty and Deanne Gosling

Compiled by:

Greg McCarthy , Environmental Health and Compliance Manager

Authorised by:

Wayne Mitchell, Executive Manager - Environment & City Development

Requested By:

Councillor Kevin Crameri OAM

Outcome Strategy Service Activity

We plan for our future growth Facilitate quality development that encourages a range of housing types, employment, recreation and lifestyle opportunities Advocate Council's position and respond to planning legislation, building certification and related policies of government

Executive Summary On 22 August 2016, Council was provided information on the outcome of a recent decision of the Land and Environment Court in relation to a property located at 41 – 47 Jolly Street, Castlereagh (the Property). Council was involved in proceedings through the Land and Environment Court of NSW concerning a Class 1 merit appeal. The appeal related to Council’s refusal of a Building Certificate Application, being BC15/0048, to allow an unauthorised solid metal panel fence on the property. The Court upheld the appeal and ordered Council to issue a Building Certificate in respect of the solid metal panel fence on the Property. A separate Class 1 S96 Modification Application Appeal 15/10683 ran concurrently for refusal of a Section 96 Modification Application being DA No. 14/0622.02 to an approved shed, trucking turning area and use of site for parking of trucks This was resolved through consent orders by way of condition agreements between the parties. Councillor Crameri requested a further explanation on the chronology of compliance action and the outcome of the above Land and Environment Court appeals. Background The site is located on the northern side of Jolly Street which is bounded by Sheridan Road to the west and Church Street to the east. Developments in the area are primarily rural residential in nature. The site has a total area of approximately 2.3 hectares. The site falls around 2 metres from the southwest to the northeast. Existing improvements on the site include a dwelling house, a garage/shed and an in ground swimming pool.

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Council’s information has identified the site as Bush Fire Prone Land. As the site contains remnants of Castlereagh Scribbly Gum Woodland, Council has also identified the property as Cumberland Plain Priority Conversation Land. The site is not flood affected or subject to overland flow. How, there have been unauthorised fill works that have occurred on the site that have changed the natural contours of the land and likely restricted sheet flow. Sheet flow being surface runoff of water likely altered by the activities undertaken by the current owners Ty & Deanne Gosling. The property at 41-47 Jolly Street, Castlereagh first came to the attention of Council in October 2012 when complaints were lodged concerning the removal of trees and unauthorised fill to create a driveway to the eastern side of the property, a hardstand area to the north of the dwelling, construction of a shed, and installation of an underground water tank. Council also received a number of complaints concerning noise and the use of the premises as a trucking business. In October 2014, Council was advised the owner had erected a colorbond fence to both sides of the dwelling. The following is a chronology of compliance action and further information about the outcome of the Land and Environment Court of NSW decision. Chronology of events: 41-47 Jolly St, Castlereagh Date

Activity

16 October 2012

Following receipt of a complaint, Council officers inspect the site and reveal that a second driveway has been constructed and was being used to service a truck turning area, also constructed at the rear of the house. The development was deemed to be unauthorised.

20 February 2013

Notice of Intention to Serve an Order 12 issued to Ty & Deanne Gosling – cease earthworks and importation gravel and remove all fill from driveway created as well as pad at rear of dwelling Penalty Notice issued for the unauthorised works In response to the Penalty Notice, the applicant lodged a Development Application (DA 13/0354) seeking formal approval for the second driveway, associated earthworks and parking of up to two trucks/pieces of plant on the site.

1 May 2013

Representation received by Council regarding DA13/0354 – Use of shed

7 May 2013

Council Officers conducted site inspection and noted works had commenced on site which were unauthorised and a significant amount of excavation. Several cars, trucks and other heavy machinery was observed.

13 August 2013

Complaint received by Council regarding several trucks on site

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25 August 2013

Surveillance of property conduced with up to 5 trucks parked on premises

31 August 2013

Council Inspection of premises - no trucks on site

1 September 2013

Council Inspection of premises - 5 trucks on site

7 September 2013

Council Inspection of premises - 2 trucks on site

14 September 2013

Council Inspection of premises - 3 trucks on site

15 September 2013

Council Inspection of premises - 3 trucks on site

21 September 2013

Council Inspection of premises - 3 trucks on site

22 September 2013 28 September 2013 29 September 2013

Council Inspection of premises - 3 trucks on site Council Inspection of premises - 5-6 trucks on site Council Inspection of premises - 3 trucks on site

3 October 2013

DA13/0354 was refused under delegated authority as the application did not include sufficient information to adequately address permissibility and was not considered to be suitable within the character of the area.

9 December 2013

Applicant lodged Development Application No. 13/1432 for the construction of a front fence including a featured entry and earthworks.

23 December 2013

Council received a request for Review of Determination of Shed and Office – DA13/0354.01

27 February - 6 April 2014

Several Complaints submitted to Council regarding machinery working and keeping of trucks

7 April 2014

Council Inspection of premises – owner advised to cease all works on premises

29 May 2014

Council Officers Inspection of premises – no trucks observed

11 June 2014

DA 14/0622 lodged with Council in relation to legitimisation of earthworks, truck turning area, construction of a shed and the parking of truck/plant equipment within the shed. The scale of this proposal is reduced significantly in DA13/13432

25 August 2014

DA 13/1432 for the construction of a front fence including a featured entry and earthworks -approved by Council with amendments in red to the approved plan which noted the approval excluded the unauthorised fill

28 August 2014

Penalty Infringement issued to Ty Gosling for unauthorised works

13 -15 September 2014

Complaint received regarding loud noise from trucks and forklift -

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DC14/0060 17 September 2014

Notice of entry to inspect issued to owners

29 September 2014

Night inspection of premises by Council Rangers – no noise

10 October 2014

The applicant lodged an appeal to the NSW Land & Environment Court against the deemed refusal of Development Application 14/0622. The appeal specifically sought amendment to conditions of consent and amendment to the conditioned shed location.

12 October 2014

Complaint received about a colorbond fence erected at the premises

15 October 2014

Premises inspected by Compliance Officers and reveal the fence had been erected in line with the front building line of the dwelling.

16 October 2014

It is established that the colorbond fence required prior development consent from Council

17 October 2014

Council Officer issues NISO Order 2 issued to remove colorbond fence within 30 days

17 October 2014

Penalty notice issued to T A Gosling -Development without development consent

27 October 2014

DA14/0622 – approval granted subject to amended conditions of consent. The consent related to legitimisation of earthworks, truck turning area, construction of a shed and the parking of truck/plant equipment within the shed. The scale of the proposal had reduced from that originally proposed in DA13/13432.

19 November 2014

Order 2 issued by Council to remove colorbond fence by 9am on 20 February 2015

14 April 2015

Premises inspected for compliance with Order 2 to remove fence. The fence had not been removed

14 April 2015

Penalty notice issued to D V Gosling – Not complying with Order to remove fence

14 May 2015

The Appeal against Council’s deemed refusal of DA14/0622 was discontinued by the applicant.

12 June 2015

Applicant Ty and Deanne Gosling lodge Building Certificate application BC15/0048 for the colorbond fence

23 June 2015

Section 96 Modification Application No. 14/0622.02 lodged with Council in accordance with Development Control Plan The proposed modifications were as follows:  Relocation of the approved shed to the western turning area Remove restriction on use of the shed for 12 months

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 Allow increased truck movements on Saturday, Sunday and Public Holidays  Allow servicing of personal vehicles  Allow occasional parking of vehicles by employees  Allow truck maintenance on Saturday afternoons, Sunday and Public Holidays  Allow occasional parking of trucks outside the shed  To allow the lighting on site which is to be directed away from adjoining dwellings Management of Stormwater and Sheet Flow The applicant was repeatedly requested to provide information outlining a suitable drainage solution that effectively managed sheet flow through the site consistent with natural drainage patterns that existed throughout the site prior to the unauthorised works being undertaken. In response, in March 2016 the applicant engages Barker Ryan Stewart to provide ‘Expert report Regarding Overland Flow & Stormwater’ and this is filed with the Land and Environment Court.

1 July 2015

Complaint by Council regarding unauthorised earthworks at 41 Jolly Street

1 July 2015

Inspection of the premises from roadway by Compliance staff established no evidence of any unauthorised earthworks

3 July 2015

Inspection of the premises by Compliance Officers (Notice of Entry) established no evidence of any unauthorised earthworks

20 July 2015

Building Certificate application BC15/0048 for the colorbond fence refused by Council

27 July 2015

Inspection of premises by Council Officers – 1 truck and 2 trailers observed

10 August 2015

The applicant lodged an appeal to the NSW Land and Environment Court against the deemed refusal of a s96 Application DA14/0622.02. The appeal related to the modification of conditions of consent.

17 August 2015

Complaint received about dark shade cloth erected at 41 Jolly St

September 2015

Applicant Ty & Deanne gosling commenced two (2) Class 1 Land and Environment Court Appeals: LEC10683/15 - Refused Building Certificate Application BC15/0048 -Colorbond Fence LEC10684/15 - Refusal of a Section 96 Modification Application being DA No. 14/0622.02 to an approved shed, trucking turning area and use of site for parking of trucks -15/10683 This was resolved through consent orders by way of condition agreements

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between the parties.

23 September 2015

Show cause letter sent to owner of 41 Jolly St (Gosling) regarding DC14/0060 – remove shade cloth attached to fence

9 October 2015

DA14/0622.02- Section 96 Modification – Refused by Council Applicants Ty & Deanne Gosling launch Class 1 merit appeals (LEC10683/15 and LEC10684/15)

12 October 2015

Draft Statement of Facts and Contentions – Land & Environment Court Proceedings 15/10683 - Section 96 modification DA14/0622.01- Refused by Council

31 March 2016

Applicant Ty & Deanne Gosling engages Barker Ryan Stewart to provide ‘Expert report Regarding Overland Flow & Stormwater’ and this is filed with the Land and Environment Court. The report is reviewed by Council’s Engineering Coordinator who confirms the design will ensure the conveyance of sheet flow consistently with the natural drainage patterns of the site.

18 April 2016

Council resolved to resolve the appeal in relation to DA14/0622.02 by consent orders.

26 May 2016

Consent orders entered in the Land and Environment Court. The appeal in related to DA14/0622.02 is resolved

8 July 2016

Class 1 Land and Environment Court Appeal – Refused Building Certificate Application BC15/0048 -Colorbond Fence Court ordered the Council to issue a Building Certificate

Legal Officers Report Outcome of Land and Environment Court Appeal –Reason for refusal of a Building Certificate Application BC15/0048 for colorbond fence – 41-47 Jolly Street, Castlereagh Council officers refused the Building Certificate Application on the basis that the fence was not compatible with:    

the existing rural residential character of the area; the existing amenity of the area; the scale and design of fencing that is normally found in rural areas; and the bulk and scale of the material used in the metal panel fence are not compatible with Penrith Development Control Plan 2014 (DCP 2014) which provides:-

The matter was heard before Commissioner Dixon of the Land and Environment Court of NSW on 8 July 2016.

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In the decision, the Commissioner noted the controls relating to fences in rural areas which are found in DCP 2014 but held that it should be not be given significant weight in the determination of the Building Certificate application. The Commissioner went on to say that the issuing of a Building Certificate is a certificate on inaction and that therefore the assessment of the building certificate application against the same criteria as a notional development application was not required. The Commissioner gave no significant weight to Council’s contention that the fence was incompatible with DCP 2014 when determining whether a Building Certificate should be granted. The Commissioner found that the fence provides security and privacy to the applicant, whilst being new, secure, landscaped, well-maintained, and having a sufficient setback from the front of the Property, to be generally consistent with the existing rural area. The Commissioner stated in the decision that, it is not the Court’s role to punish the applicant for carrying out the unauthorised works but to determine whether the certificate should be issued or not in the particular facts of the case. Accordingly, the Court ordered the Council to issue a Building Certificate for the metal panel fence at 41-47 Jolly Street, Castlereagh. Council has spent a total of $73,428 on legal proceedings in respect to the matters above. In addition, $17,395 was spent on regrading and filling works to reinstate the table drain and improve drainage within Jolly Street. Conclusion This has been an extremely difficult case that has been ongoing for over four years and will likely continue into the future. The owners of the property are particularly difficult to deal with and have caused significant tension with their neighbours. Hundreds of hours of resources have been allocated to investigating complaints and monitoring the trucks and activities on site. All illegal structures and activities have now been resolved through the Development Applications. This case is an example of how difficult compliance activities can be and the outcome often is a compromise based on the available evidence and legal negotiations. RECOMMENDATION That the information contained in the report on the Chronology of events surrounding outcome of Class 1 Land and Environment Court appeal – Refused Building Certificate Application BC15/0048 for a Solid Metal Panel Fence and Class 1 S96 Modification Application Appeal 15/10683 at (No.41-47) Jolly Street, Castlereagh be received.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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Nomination of Panel Members from the Joint Regional Planning Panel to Sydney West Planning Panel

Compiled by:

Gavin Cherry, Development Assessment Co-ordinator

Authorised by:

Peter Wood, Development Services Manager

Outcome Strategy Service Activity

We plan for our future growth Protect the City's natural areas, heritage and character Facilitate quality development that contributes to a growing regional City

Executive Summary The purpose of this report is to enable renomination and appointment of representatives to the newly created Sydney West Planning Panel which replaces the Sydney West Joint Regional Planning Panel. Background On 26 September 2016 at an Ordinary Meeting of Council the following was resolved:-

Council appoint Councillor Ben Price to the Joint Regional Planning Panel (JRPP) and Councillor Ross Fowler OAM as an alternative representative to the Joint Regional Planning Panel; and

-

The General Manager be granted delegation for the continued appointment of a member of staff to the Joint Regional Planning Panel

On 21 November 2016 six Sydney Planning Panels commenced operation and replaced the Sydney East and Sydney West Joint Regional Planning Panels. The applicable panel for the Penrith local Government Area is the Sydney West Planning Panel. In response to this announcement, the Secretariat of the Sydney Planning Panels advised Council that the nominations for the JRPP are no longer applicable and that renomination of representatives is required to continue representation on the created Sydney West Planning Panel. Conclusion It is recommended that the nominations and appointments be as previously resolved. RECOMMENDATION That: 1.

The information contained in the report on Nomination of Panel Members from the Joint Regional Planning Panel to Sydney West Planning Panel be received.

2.

Council endorse the appointment of Councillor Ben Price and Ross Fowler OAM (alternate) as representatives to the Sydney West Planning Panel as previously resolved.

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3.

The General Manager be granted delegation to reappoint a staff representative as previously resolved.

4.

Where further panel changes occur within the appointment period, this resolution be relied upon for continued representation on that panel.

5.

The Panel Secretariat of the Sydney West Planning Panel be advised of the outcome.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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Temporary Commuter Parking - Approval to undertake work on Lot 3003 , 3004, 3005 DP 1184489 Applicant: Penrith City Council; Owner: Urban Growth NSW

Compiled by:

Wayne Mitchell, Executive Manager - Environment & City Development

Authorised by:

Wayne Mitchell, Executive Manager - Environment & City Development

Outcome Strategy Service Activity

We plan for our future growth Facilitate quality development that encourages a range of housing types, employment, recreation and lifestyle opportunities Deliver timely assessment of development in accordance with statutory requirements

Executive Summary This report recommends that Council staff be authorised to undertake work on a vacant future development site in the ownership of Urban Growth NSW to establish a temporary public parking area. Council is best placed to build this quickly with support and funding from Transport NSW. This parking area is needed to assist commuters and replaces parking temporarily lost during construction of extensions to the Penrith Commuter Carpark. It is also recommended that a license agreement be entered into with Urban Growth NSW to facilitate this. Background The project to extend the Penrith Commuter Carpark commenced on 22 November 2016. While this project will deliver much needed additional commuter parking, the construction will impact commuters by temporarily removing approximately 250 parking spaces. This disruption to parking is at the same time work is also occurring to upgrade Penrith Station. Transport for NSW (TfNSW) who is managing both projects was able to provide some additional parking in the precinct around the station but not of the order displaced by the construction project. Through negotiations with TfNSW, we have offered to assist by constructing temporary parking on a vacant site near the station currently in the ownership of Urban Growth NSW. This can be provided quickly utilising Council staff and equipment to minimise any impact on commuters looking for parking near the station. To facilitate this work, we are also negotiating a license agreement with Urban Growth NSW to undertake the work on the site. The license agreement will be for a 1 year period when it is expected the new commuter carpark will be completed. TfNSW have offered to compensate Council for the cost if this work. Because this work is on private land a resolution of the Council is required. Conclusion We have negotiated a solution to the temporary loss of commuter parking at Penrith Station with strong support from Transport for NSW and Urban Growth NSW. A temporary parking area can be quickly established by mobilising Council’s construction team. The area to be

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established for temporary parking will fully replace the area closed during the construction period. RECOMMENDATION That:

1.

The information contained in the report on Temporary Commuter Parking Approval to undertake work on Lot 3003 , 3004, 3005 DP 1184489 be received.

2.

The Property Development Manager be authorised to enter into the necessary licensing agreements for the use of lots 3003 , 3004 , 3005 DP1184498 for up to twelve months for public parking.

3.

Works be undertaken on Lots 3003 , 3004 , 3005 DP 1184498 for the purpose of establishing a temporary public parking area.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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Development Application No. DA15/0517 for Alterations & Additions to Existing Sikh Worship Centre & Punjabi Cultural School at Lot 13 DP 30274, (No. 15-27) Blaikie Road, Jamisontown Applicant: N.F. Billyard Pty Ltd; Owner: Sikh Association of Australia

Compiled by:

Matthew Rawson, Environmental Planner

Authorised by:

Peter Wood, Development Services Manager

Outcome Strategy Service Activity

We plan for our future growth Facilitate quality development that encourages a range of housing types, employment, recreation and lifestyle opportunities Delivery timely assessment, regulation and certification of development and building work in accordance with statutory requirements

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. Executive Summary Council is in receipt of Development Application No. DA15/0517 for Alterations & Additions to Existing Sikh Worship Centre & Punjabi Cultural School at Lot 13 DP 30274, (No. 15-27) Blaikie Road, Jamisontown. The subject site is zoned RU4 Primary Production Small Lots under Penrith Local Environmental Plan (LEP) 2010. Places of Public Worship are permissible with consent in the RU4 zone. This report is prepared in response to a Notice of Motion at the 27 June 2016 Ordinary Meeting which required that all Development Applications and Section 96 applications be reported to Council where they involved a place of public worship or community centre. The proposal is for a place of public worship and in accordance with the above resolution, the development application is reported to Council for determination. The proposed development was notified to adjoining and adjacent properties and placed on public exhibition from 4 June to 18 June 2016. No submissions were received. An assessment under Section 79C of the Environmental Planning and Assessment Act 1979 has been undertaken and the application is recommended for approval, subject to the recommended conditions of consent. Background The existing development was approved under DA09/1108 and consisted of reuse of the existing building with some minor alterations to allow approx. 216 sqm of Meeting Hall, cooking facilities, meeting rooms, and accommodation suite for the resident Priest. The place of public worship was approved for the use of an existing building for prayer and also to provide teaching for children about language and culture. During the assessment it was noted that whilst the development included a reference to a school in the description, this component was more akin to a ‘Sunday school’ for religious lessons rather than a traditional educational establishment for formal education. The size of the congregation was approved with a maximum of 120 persons, with the use consisting of several meetings during the week and Sunday mornings with up to 120 persons together with small groups during the week for Punjabi lessons and grounds maintenance.

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The church also has previously constructed the rear carpark however it was extended and raised above the approved ground levels, this has the potential to obstruct the overland flow of flood and stormwater across the land to the rear. It has been agreed prior to the subject application being lodged that the carpark is to be lowered to the previously approved levels to prevent the overland flow obstruction and that the applicant should seek approval for the increased size of the carpark. As a result the revised carpark design and size is included in the subject application. Site and Surrounds The subject site is situated on the western side of Blaikie Road and located opposite the golf driving range with the Penrith Panthers Club located within 200 m to the north. The site has a frontage of 135 m and 202 m depth with a total site area of 2.023 Ha and is orientated in an east west direction. The surrounding area is characterised by rural residential development. A recreational facility lies to the east of the site and industrial development is located to the south about 1 km from this site. The Proposed Development The development application proposes the demolition of the existing hall area at the side of the main building and the construction of a new larger hall addition at the southern side of that building. Improved kitchen facilities are proposed to be located at the rear with service access from the rear carpark driveway area along with new change rooms, hand wash areas and meeting rooms. The existing hall area in the main building will be retained and enlarged such that there will be 2 hall areas which will enable the main hall area to be set aside for formal services and meditation whilst members are able to use the new meeting room for meetings, meals or informal activities. Additions to the front elevation of the building comprising shoe change areas, and extension of the main hall, will be setback 15.6 m from the road boundary. The style of the building additions maintains a rural form consistent with the existing building and with the local rural nature of the surrounding area. A sealed carpark is proposed at the rear of the buildings, accessed from an extension to the existing driveway on the north side of the site. In addition, the existing metal storage sheds are proposed to be repaired and brick veneered to provide improved visual quality and security for their agricultural and maintenance machinery. Several small eucalypt trees located adjacent to the new hall area will be removed with all other existing landscaping to be retained. The proposal also includes the introduction of functions on weekends as well as an increase in the congregation reflective of the larger floor area. This is an increase from a maximum of 120 persons on site to a maximum of 300 persons for Sunday worship. Again it should be noted that whilst the description for the current application references a school this is more akin to a ‘Sunday School’ for religious and cultural lessons rather than a traditional educational establishment for formal education.

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Description of Uses, Hours of Operation and Expected Patronage Main Use: Sundays 10.00 am - 12.30 pm Worship and Punjabi Community activities with up to 300 persons. Secondary Use: Monday to Saturday’s small groups, up to 10-30 persons for maintenance work and / or prayer meetings, monthly committee meeting week night. Saturday Evening Meeting: 6.00 pm - 9.30pm up to 200 persons. Function Use: Weddings, funerals, other special days: typically 100-300 persons. Planning Assessment The development has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended) (EP&A Act) and, having regard to those matters, the following issues have been identified for further consideration. Section 79C(1)(a)(i) - Any Environmental Planning Instrument State Environmental Planning Policy No 55 - Remediation of Land (SEPP 55) Clause 7 of SEPP 55 outlines the following requirements that a consent authority consider prior to the issue of a consent for any development: “A consent authority must not consent to the carrying out of any development on land unless: (a) it has considered whether the land is contaminated, and (b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and (c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.” There is no record that the subject site is contaminated. The applicant has addressed SEPP 55 and the letter prepared by the applicant dated 25 November 2015 satisfactorily addresses the history of the site. In addition, the applicant has included a letter written by the Sikh Association of Australia INC that discusses the importation of material to the site and the areas and use of that material. Based upon the information provided, and a site inspection conducted in 2015, further contamination investigation is not required at this time. A condition of consent is recommended to be imposed, that specifically addresses the requirements should "unexpected finds" occur during site earthworks. State Regional Environmental Plan No. 20 – Hawkesbury- Nepean River (SREP 20) The development has been assessed with regard to the general planning considerations and the specific planning policies and recommended strategies of SREP 20. Conditions of development consent are recommended to ensure that appropriate soil erosion and sediment control measures are provided during construction of the development. The proposal has satisfied the considerations under SREP 20.

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Penrith Local Environmental Plan (LEP) 2010 Penrith Local Environmental Plan (LEP) 2010 is applicable to the site. Consideration of the relevant provisions of the LEP is detailed below: Relevant Provision Clause 1.2 Aims of the plan Clause 2.3 Zone objectives Clause 2.3 Permissibility Clause 7.2 Flood Planning Clause 7.4 Sustainable development Clause 7.6 Salinity Clause 7.7 Servicing

Comment Complies Complies – See further discussion below Complies - See further discussion below Complies – See further discussion below Complies Complies Complies

Clause 2.3 Permissibility and Zone Objectives Places of public worship are permissible with consent in the RU4 Primary Production Small Lots zone pursuant to Penrith Local Environmental Plan (LEP) 2010 The objectives of the RU4 zone are as follows:  To enable sustainable primary industry and other compatible land uses.  To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.  To minimise conflict between land uses within this zone and land uses within adjoining zones.  To ensure land uses are of a scale and nature that is compatible with the environmental capabilities of the land.  To preserve and improve natural resources through appropriate land management practices.  To maintain the rural landscape character of the land.  To ensure that development does not unreasonably increase the demand for public services or facilities. It is considered that the proposed development is consistent with the zone objectives given its compatibility of design with the rural landscape character through the adoption of traditional rural built form elements as well as the development’s connection to reticulated sewerage and proximity to transport linkages meaning that there is unlikely to be an increase in demand for public services arising from the development. Furthermore, it is considered that the usage is compatible with the adjoining and adjacent land uses within the zone as well as those in surrounding zones given that the existing use has been undertaken for a number of years with no history of complaints or conflict with neighbouring dwellings. The use is also compatible with the environmental capabilities of the land despite the flood risk for the allotment there are adequate management practices in place which will ensure that there is no increase risk associated with the development. Especially when compared to other permissible residential land uses. Although the development does not reflect a primary industry land use nor does it directly support these industries the use does not preclude future land uses of this nature given there is no intensification of residential land use or changes to rural character.

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Clause 7.2 Flood Planning The site is affected by mainstream flooding from the Nepean River as well as being cut off from evacuation routes in the event of a probable maximum flood event. It is noted that the proposed buildings are above the 1:100 year flood level and the development itself sits outside the flooding from Peachtree Creek / Surveyors Creek at the rear of the site. The proposed alterations and additions are only a moderate intensification of the use and it is considered that any risk associated with the additional persons attending the site can be offset through the imposition of appropriate management practices. These management practices must ensure that persons do not attend the site during flood warnings. The allowance of similar community and commercial uses in areas within the ‘low flood island’ position is consistent with the approach taken in relation to the recent re-development of the ‘coffee club’ site at Tench Avenue (DA15/0335) and the SP3 Tourist zone of that area. There will be no additional risk as a flood evacuation plan will be in place to ensure that there is no person attending the site during flood warnings. The services held will be cancelled and the close community nature of the site’s operation ensures that these cancellations and the risk of flood may easily be communicated to all members of the congregation. Recommended conditions of consent will require that the submitted flood evacuation and management plan are adhered to at all times to ensure that the development has appropriate measures in place to respond to the flooding characteristics of the site. Section 79C(1)(a)(iii) – Any Development Control Plan Penrith Development Control Plan (DCP) 2014 is applicable to the site. Consideration of relevant controls of the DCP is detailed below: Relevant Controls Part B - Principles Part C1 - Site planning and design principles Part C2 - Vegetation management Part C3 - Water management Part C4 - Land management Part C5 - Waste management Part C6 - Landscape design Part C7 - Culture and heritage Part C8 - Public domain Part C9 - Advertising and signage Part C10 - Transport, access and parking Part C11 - Subdivision Part C12 - Noise and vibration Part C13 - Infrastructure and services Part D5 - Other Land Uses

Comment Complies Complies Complies Complies Complies Complies Complies Not applicable Not applicable Complies Complies – See further discussion below Not applicable Complies – See further discussion below Complies Complies – See further discussion below

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Part C3 – Water Management According to Council's DCP 2014 Chapter 3.5 C11, Council will generally not support an application for any land use which may attract large numbers of people on land below the flood planning level and on land that cannot be safely and effectively evacuated during the 1% AEP flood event. The site is affected by 2 flood event situations. The first is from the Nepean River and the second from the Peach Tree Creek / Surveyors Creek. The Nepean River 1% AEP level for the site is 25.9 m AHD, whilst the Peach Tree Creek 1% AEP level is 26.3 m AHD. The finished floor level of the development is 26.88 m AHD. The building therefore complies with Council requirements for floor levels above the adopted 1% AEP flood levels. However large portions of the rest of the site are below the 1% AEP flood levels including the carpark. The site has been identified to be located within the Penrith low flood island. Additionally, the site is located in the major flood coordinator for flood events larger than 1% AEP. Based on the definition under NSW Floodplain Development Manual, the site is generally categorised as High Hazard. The proposed development will result in the capacity for larger numbers of people on the site and hence will impose a risk in the evacuation of the land and the surrounding area. Due to the difficulty and risk in evacuation of the land, as a larger number of people may also remain on-site for flood events larger than 1% AEP. Flood evacuation measures and cessation of use during a flood event are the key requirements to mitigate or manage risk. As such it must be demonstrated that the resultant risk is no more than the existing situation. This has been accomplished by way of a Flood Evacuation Plan which details how events and the scheduled congregation will be managed in the event of flood risk. Details of how the proposed events will be run have also be submitted to give an indication of the type of risk that these events present and the difficulty with which they can be cancelled during periods of flood risk. Additionally, the submitted architectural plans indicated that a palisade front fence, landscaped mound and acoustic fence will be installed. However, a hydraulic analysis / flood report has not been submitted to demonstrate that there is no adverse impact of these structures to the existing flood regime. As such conditions of consent are recommended that require details of the front fence to be submitted to ensure that it will allow for the easy passage of flood water through it. The landscape mound and acoustic fence would both have an impact on the movement of flood waters and are recommended to be conditioned to be removed from the approved plans. Given that the Noise Assessment Report (NAR) was "conducted without any form of noise control other than attenuation provided by the proposed building facades" the provision of acoustic fencing is not considered a necessary requirement in this instance. Part C10 – Transport, access and parking The applicant submitted a Traffic Impact Report (TIR) by ML Traffic Engineers in support of the application. This report modelled the intersections of Blaikie Road and Jamison Road, Mulgoa Road and Jamison Road as well as Blaikie Road and Mulgoa Road. The TIR found that the proposed development would not reduce the level of service for any of these intersections. The calculation for car parking under the DCP is one car space per 4 seats or 6 sqm of gross floor space (whichever is the greater). The gross floor area of the proposal is 273 sqm which equates to a requirement of 46 parking spaces. The maximum capacity of the

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proposal is 300 persons which equates to a requirement of 75 parking spaces. Accordingly, the greater parking requirement is 75 spaces, the proposed development will provide 90 spaces and therefore complies with the DCP. The submitted TIR also assessed the proposed parking provision against the increased demand for parking resulting from the development and ultimately found that: “The parking demand expected to be generated by the proposed Church and Community School expansion will be contained within the Site. The provision of 85 [sic] car spaces will be sufficient to accommodate the parking demand of the expected number of Church and Community School expansion attendees.” The proposed development and submitted TIR were also reviewed by Council’s Traffic Engineer who raised no objections to the proposal, subject to the imposition of recommended conditions of consent. Part C12 – Noise and Vibration The applicant submitted a Noise Assessment Report (NAR) by Rodney Stevens Acoustics in support of the application. The NAR ultimately found that: “This report shows that under the most conservative operating scenarios, operational noise emissions from the proposed church is likely to comply with the established criteria at sensitive residential receivers if recommendations presented in this report are followed.” The submitted NAR was reviewed by Council’s Environmental Health Officers who raised no objections to the proposal, subject to the imposition of recommended conditions of consent. It should be noted that the NAR was "conducted without any form of noise control other than attenuation provided by the proposed building facades" and therefore the NAR presents that the development will comply with noise criteria without the construction of acoustic fencing. This is important given the impacts on flooding this fence may have presented and the recommended condition of consent which deletes this fencing from the approved development. Therefore, the provision of said acoustic fencing is not considered a necessary requirement. The NAR determines that compliance with relevant noise criteria is based upon "all external windows and doors being closed.” Accordingly, the applicant was invited to submit a Noise Management Plan for the purpose of this development application to avoid the required closing of windows and doors outlined in the NAR, however, a Noise Management Plan has not been submitted to Council. As the applicant has not addressed this invitation and in response to the recommendations of the NAR, a condition of consent is recommended to be imposed requiring that all doors and windows be closed and mechanical ventilation provided to ensure that the development will comply with the requirements of the submitted NAR. A condition is also recommended that requires the submission of a Noise Management Plan which further distinguishes the uses of the site with a view to limiting the impacts on adjoining neighbours without the imposition of further onerous operating conditions. It is noted that Condition 20 of Development Consent DA09/1108 for the existing development also required that a Noise Management Plan be submitted to and approved by Council. There are no records of such a Noise Management Plan being submitted.

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Part D5 - Other Land Uses – 5.6 Places of Public Worship Location and Design The place of public worship is located on a road with adequate capacity to cater for the likely traffic generation. The building itself has been designed to complement the rural character of the area and does not present as a typical worship centre. Adequate buffers are also retained to the nearest residential noise receivers. Servicing The place of public worship is connected to all services including reticulated sewerage. Transport, Access and Parking Adequate car parking is provided as outlined above in this report. The development was supported by a Traffic Impact Assessment and Council’s Traffic Engineers have raised no objections to the proposed development. Noise Management A noise impact assessment was submitted and the development has addressed the provisions of the Noise and Vibration section of the DCP as outlined above. Section 79C(1)(a)(iv) – The Regulations Fire safety Under Part 9 of the Environmental Planning and Assessment Regulation 2000 owners of buildings must provide the FRNSW Commissioner with a copy of the Fire Safety Certificate for the building (along with the current Fire Safety Schedule). The Fire Safety Certificate is issued when essential fire safety measures have been assessed by a qualified person as being capable of performing to the standard defined by the Schedule. Conditions of consent are recommended to be imposed should consent be granted to ensure that this occurs on an annual basis. Prescribed Conditions The relevant prescribed conditions of the Regulations, such as the requirement for compliance with the BCA, are imposed as conditions of consent should consent be granted. Notification Neighbour notification was carried out in accordance with the Regulations. Section 92 - Additional Matters  Any demolition is conditioned to be in accordance with the provisions of AS2601 should consent be granted.  The development is not subject to NSW Government Coastal Policy.  The development is not situated on land subject to an order made under Schedule 5 of the Act (paper subdivisions).

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Section 79C(1)(b) – The Likely Impacts of the Development Traffic, Access and Parking The likely impacts of the development with respect to traffic management and parking are dealt with in the relevant DCP section of this report. Noise The likely impacts of the development with respect to noise management is dealt with in the relevant DCP section of this report. Flooding The likely impacts of the development with regard to flood management is dealt with in the relevant DCP section of this report. Built environment The design of the proposed development contains elements of a typical rural residential environment. The single storey and traditional roof form as well the use of a muted colour palette ensures that the development will remain consistent with the surrounding character of the area. The recommended condition of consent relating to the front fencing will further aid in the retention of rural aesthetic of the area. Natural Environment The proposal involves appropriate management measures and disposal of waste during fit out and occupation of the site as well as adequate soil and erosion controls during construction subject to the recommended conditions of consent. Social and Economic Impacts The proposal poses no potential adverse social impacts. The Penrith community will benefit through the continued provision of a place of public worship and a community facility which will provide a venue for interaction, cultural and education development for use by the local community. Employment opportunities will be increased during the construction and operation of the enlarged place of public worship. Section 79C(1)(c) – The Suitability of the Site for the Development The site provides suitable spatial separation from neighbouring residents and land uses to mitigate and manage potential offsite impacts. The site is well located for a regional function through its links to nearby arterial roads, proximity to future community and commercial development in the nearby SP3 Tourist zone and proximity to bus routes. The site has been used for the existing development for a period of many years with no evidence of any land use conflict arising as a result of the place of public worship’s operation. The flood affectation of the site precludes the intensification of residential development density which also adds to the suitability of the site. This reduces the potential for land use

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conflict which so often arises between places of public worship as residential development encroaches within the previous buffer areas around the development. The scale of expanded development is suitably proportioned to the environmental qualities of the land ensuring compliance with the LEP zone objectives and DCP development controls. Section 79C(1)(d) – Any Submissions made in relation to the Development Community Consultation In accordance with Appendix F4 of Penrith Development Control Plan 2014, the proposal was notified to adjoining and adjacent neighbours and placed on public exhibition for a period of 14 days. No submissions were received. Referrals The table below summarises the results of internal referrals in relation to the proposal. Referral Building Surveyor Development Engineer Environment – Environmental Management Environment – Public Health Traffic Engineer

Comments No objection, subject to recommended conditions. Not supported, see below. No objection, subject to recommended conditions. No objection, subject to recommended conditions. No objection.

Assessment of Council’s Development Engineer Advice Council’s Development Engineers have raised concern with the development on the basis of flooding, stormwater disposal and vehicle access and car parking. Commentary on these concerns is outlined below: Flooding The flood hazard has been discussed elsewhere in this report and found to be satisfactory given the land use has already been approved on the site albeit of a smaller scale. The requirement for flood evacuation practices to be implemented and to be maintained is considered to be reasonable ensuring consistency in approach noting the past support of other development within this precinct. Stormwater According to Section 4.5 of Council's policy 'Stormwater Drainage For Building Developments (Working Draft)', the proposed disposal of stormwater on site through an absorption trench system is not acceptable. Furthermore, it is noted that the proposed absorption trench system is located within the septic disposal area approved under DA09/1108. However, the proposed development is now serviced by reticulated sewer so the there is no conflict between the absorption trench and onsite sewerage management systems (OSSMS) as the OSSMS is no longer required.

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The plans indicate that all the roof runoff of the building including the existing part are to be conveyed via the front bio retention swale system to the street drainage system. Only the carpark area at the rear is drained to an absorption system which has been sized to cater for the carpark area and is located at the lowest point of the lot on a grassed paddock area of approximately 0.5 ha. The carpark levels are required to be at natural ground level which is lower than the road level therefore stormwater cannot be diverted to the street. The only other alternative is to discharge to the rear unmade Wilson Lane and then to Jamison Road, however there is no drainage system to this section of Jamison Road, therefore this is not a viable alternative. The absorption system proposed directs water into its natural drainage area through a WSUD system with ample area for absorption and provides environmentally sustainable ground water recharge and is considered to be the only feasible solution. It should also be noted that the previous DA also approved an absorption trench stormwater disposal system for the car park area. Vehicle Access and Car Parking A number of dimensions were requested to be shown the architectural plans to ensure that the car park complied with the relevant Australian Standard (AS2890). A condition of consent is recommended to be imposed which requires that the proposed development complies with the Australian Standard prior to the release of a Construction Certificate. While the concerns of Council’s Development Engineers are noted, suitable conditions of consent and management measures are recommended to address the resulting risk and which are considered to be sufficient to enable Council to support the proposal. Section 79C(1)(e) – The Public Interest The public interest is best served by the orderly and economic use of land for purposes permissible under the relevant planning regime and in accordance with the prevailing planning controls. The proposed works are considered to be consistent with the relevant planning provisions and represents a suitable expansion of the existing development of the site in terms of the existing and desired character for the locality. Conclusion Subject to the recommended conditions of consent the proposal is considered to be consistent with the relevant sections of the Environmental Planning and Assessment Act 1979, relevant State Environmental Planning Policies, the relevant Local Environmental Plan and the Penrith Development Control Plan 2014 because it does not contravene any development standards and will not result in any significant impacts on the natural, social or economic environments. The site is suitable for the proposed development, the proposal does not conflict with the public interest, and there is unlikely to be negative impacts arising from the proposed development. Accordingly, the application is worthy of support and recommended for approval, subject to recommended conditions.

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RECOMMENDATION That:

1.

The information contained in the report on Development Application No. DA15/0517 for Alterations & Additions to Existing Sikh Worship Centre & Punjabi Cultural School at Lot 13 DP 30274, (No. 15-27) Blaikie Road, Jamisontown be received.

2.

Development Application No. DA15/0517 for Alterations & Additions to Existing Sikh Worship Centre & Punjabi Cultural School at Lot 13 DP 30274, (No. 15-27) Blaikie Road, Jamisontown be approved subject to the following conditions: Special Conditions 2.1 Flood Evacuation Plan The Flood Evacuation Plan prepared by N F Billyard dated 24 March 2016 shall be kept on the premises at all times and implemented when required. 2.2 Front Fence Details Prior to the issue of a Construction Certificate, the existing front fence shall be removed and details of the replacement fence are to be submitted to, and approved by, Council. Such fencing shall be rural in character and allow the free passage of flood water to ensure there is no intensification or diversion of flood waters passing though the site. 2.3 Plan of Management Prior to the issue of an Occupation Certificate, a plan of management for the activity shall be submitted and approved by Council. The plan of management shall address the following matters:  Noise management.  On-site car parking.  External lighting.  Waste management.  Community liaison.  Security.  Compliance with development consent.  Revision. 2.4 Priest Accommodation The priest accommodation is to be used by a maximum of 2 (two) priests at any one time. 2.5 Details of mechanical plant and equipment acoustic compliance Prior to the issue of the Construction Certificate, further details on the type and location of all mechanical plant and equipment associated with the development, (including the mechanical plant and equipment that is required to be provided as detailed in the report titled "Noise Assessment Report

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Proposed Alterations and Additions 15-27 Blaikie Road Jamisontown, NSW" (Report 150059R0) prepared by Rodney Stevens Acoustics and dated 11 May 2015, is to be provided to Council for consideration and approval. Suitable data and information, assessed by a qualified acoustic consultant, is to be supplied to demonstrate that the operation of the mechanical ventilation/air-conditioning equipment will comply with the noise criteria established. Prior to the issue of the Occupation Certificate, a Compliance Certificate is to be submitted to and approved by Council. The Compliance Certificate is to be prepared by an appropriately qualified acoustic consultant and is to certify that all plant and equipment has been installed to comply with the above information and the established noise criteria. Should the Compliance Certificate identify any non-compliance issues, the Certificate is to provide suitable recommendations for mitigation of those issues. Any mitigation works are to be undertaken within thirty (30) days from the date of notice from Council, unless otherwise specified. This Compliance Certificate for the mechanical plant and equipment may be included in the Compliance Certificate that is required for the development as a whole with respect to certifying that the building has been constructed to meet the noise criteria established in the report titled "Noise Assessment Report Proposed Alterations and Additions 15-27 Blaikie Road Jamisontown, NSW" (Report 150059R0) prepared by Rodney Stevens Acoustics and dated 11 May 2015". 2.6 Noise Complaints In the event of a noise complaint(s) relating to the development being received by Council, the owner and/or occupier of the development may be required by Council to obtain the services of a suitably qualified acoustic consultant to undertake a noise impact assessment on the development to address the concerns of the community. The noise impact assessment report is to be prepared and provided to Council within 45 days of being requested. The assessment report is to be approved by Council, with any recommendations being implemented in accordance with the approved assessment report. 2.7 Noise Management Plan A Noise Management Plan (NMP) is to be prepared and submitted to Penrith City Council for consideration and approval prior to the issue of an Occupation Certificate. The NMP is to address all noise related aspects of the development, and is to include, but not be limited to, management controls proposed to manage noise from the outdoor playground areas to ensure compliance with the noise criteria established in the report titled "Noise Assessment Report Proposed Alterations and Additions 15-27 Blaikie Road Jamisontown NSW" (Report 150059R0) prepared by Rodney Stevens Acoustics and dated 11 May 2015. Aside from the use of the outdoor playground areas, all other activities associated with the use of the building (including praying, meeting, teaching, and other associated activities) are to be conducted only indoor of the building at all times. 2.8 Noise Signage Appropriate signage is to be provided to the carpark and entrance of the main building requesting patrons to minimise noise and protect the amenity

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of the surrounding neighbourhood. Prior to the issuing of the Occupation Certificate, a suitable signage plan is to be submitted to Council for approval. The signage plan is to include the first two recommendations provided in Section 7 of the report titled ""Noise Assessment Report Proposed Alterations and Additions 15-27 Blaikie Road Jamisontown, NSW" (Report 150059R0) prepared by Rodney Stevens Acoustics and dated 11 May 2015 and is to provide details on the location, sizing and wording of the proposed signs. The signs are to be constructed prior to the issuing of the Occupation Certificate. 2.9 Unexpected Finds Should any "unexpected finds" occur during site excavation and earthworks, including, but not limited to, the identification/finding of contaminated soils, buried building materials, asbestos, odour and/or staining, works are to cease immediately and Council notified. Any such "unexpected finds" shall be addressed by an appropriately qualified environmental consultant. All remediation works within the Penrith Local Government Area are considered to be Category 1 works under State Environmental Planning Policy 55-Remediation of Land. Should any contamination be found during development works and should remediation be required, development consent is to be sought from Penrith City Council before the remediation works commence. 2.10 No sale of foods The kitchen associated with the development is only to be used for private use and not for the sale of food to the public. 2.11 Standard Conditions A001 – Approved Plans A019 – Occupation certificate A029 - Hours of operation and delivery times A032 - Goods in buildings A038 - Lighting locations A039 – Graffiti A046 - Obtain Construction Certificate before commencement of works B002 - As for demolition and disposal to approved landfill site B003 – asbestos B004 – Dust B005 - Mud/Soil B006 - Hours of work D001 - Implement approved sediment & erosion control measures D005 – No filling without prior approval D007 - Cut and fill of land requiring Validation Certificate – limited to footprint D009 - Covering of waste storage area D010 – Appropriate disposal of excavated or other waste

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D013 - Approved noise level D014 – Noise E009 - Annual fire safety-essential fire safety (Class 2-9 buildings) E01A - BCA compliance for Class 2-9 G002 - Section 73 Sydney Water Act 1994 H001 - Stamped plans and erection of site notice H002 - All forms of construction H041 - Hours of work (other devt) K101 - Works at no cost to Council K201 - Infrastructure Bond K202 - S138 Roads Act – Works and Structures - Minor Works in the public road K209 - Stormwater Discharge – Minor Development K214 - Flooding – Floor levels K217 - Flooding – Flood Compatible Materials K218 - Flooding – Structural Adequacy K219 - Flooding - Flood Proofing K222 - Access, Car Parking and Manoeuvring – General K401 - Flooding – Surveyor Verification of floor levels K501 - Penrith City Council clearance – Roads Act/ Local Government Act K503 - Works as executed – General and Compliance Documentation K504 - Stormwater Compliance K511 - Directional signage K701 - Flood Risk Advice L001 – General L012 - Existing landscaping (for existing development) Q01F - Notice of Commencement & Appointment of PCA2 Q006 - Occupation Certificate (Class 2 - 9)

ATTACHMENTS/APPENDICES 1. ⇩ Locality Plan 1 Page Appendix 2. ⇩ Architectural Plans 5 Pages Appendix 3. ⇩ Flood Evacuation Plan 4 Pages Appendix

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OUTCOME 3 - WE CAN GET AROUND THE CITY Item

Page 8 9 10 11

Tender Reference 16/17-07, WSIP, LRP - Construction of Bringelly Road & Caddens Road Roundabout, Kingswood

57

Tender Reference 16/17-08, WSIP, LRP - Design of Erskine Park Road Upgrade

60

Tender Reference 16/17-06, Demolition of Allen Place Elevated Carpark

64

Review of Environmental Factors (REF) for The Northern Road Upgrade (Stage 3) between Glenmore Parkway, Glenmore Park and Jamison Road, South Penrith

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8

28 November 2016

Tender Reference 16/17-07, WSIP, LRP - Construction of Bringelly Road & Caddens Road Roundabout, Kingswood

Compiled by:

Wasique Mohyuddin, Major Projects Coordinator

Authorised by:

Michael Jackson, Design and Projects Manager

Outcome Strategy Service Activity

We can get around the City Provide a safe, efficient road network supported by parking Manage the delivery of Council's major infrastructure projects

Executive Summary Tender RFT 16/17-07 for the construction of Bringelly Road and Caddens Road Roundabout in Kingswood was advertised in the Western Weekender on 7 October 2016 and in Sydney Morning Herald on 11 October 2016. The tender closed on 4 November 2016. This report advises Council of the outcome of the tender process and recommends that the tender from Talis Civil Pty Ltd be accepted for the full scope of works outlined in RFT 16/1707 for the construction of Bringelly Road and Caddens Road Roundabout Project, for a total amount of $977,736 (excluding GST). Background The Australian Government is funding a $200 million Local Roads Package (LRP) as part of the Western Sydney Infrastructure Plan (WSIP). Funding of $1.29 million has been allocated for council to construct a new roundabout to improve road safety and traffic flow efficiency at the Bringelly Road and Caddens Road intersection in Kingswood. The scope of works for this tender includes the following:  Construction of the new roundabout and associated traffic islands  Maintaining safe pedestrian and traffic access on both Bringelly Road and Caddens Road throughout the construction period  Working with Utility services to coordinate the required utility relocations as part of the above scope. Tender Evaluation Process The Tender Evaluation Committee consisted of Wasique Mohyuddin (Major Projects Coordinator), Matthew Buckley (Major Projects Coordinator), Michael Doggett (Supply Coordinator) and was chaired by Michael Jackson (Design & Projects Manager). The evaluation criteria advertised and used in assessing the tenders received included the following: • • • • • • •

Business References Demonstrated Ability Works Method and Program Financials Employment Policies (Apprenticeships) Quality Assurance Systems Environmental Management Systems

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28 November 2016

Work Health & Safety

Initial Tender Review A full listing of the tenders received is detailed below in price order (ex GST). Company Civeco Talis Civil Pty Ltd J K Williams Contracting Pty Ltd

Tendered Price Company Location $957,324 14/143-155 Bonds Road – Riverwood NSW 2210 $977,736 115-121 Ballandella Rd Pendle Hill NSW 2145 $999,553

Mack Civil Pty Ltd

$1,050,000

Celtic Civil Pty Ltd

$1,127,565

Anewtec Civil Pty

$1,241,408

North Shore Paving Co. Pty Ltd

$1,273,113

Civil Logic Pty Ltd

N/A

44 Jack Williams Drive Penrith NSW 2750 111 Boundary Road Peakhurst NSW 2219 30/103 Majors Bay Road Concord NSW 2137 2032 The Northern Road ORCHARD HILLS NSW 2748 16 Moore Avenue Lindfield West NSW 2070 N/A

Directors Habib Saab & Nakhly Chidiac Michael Fitzgerald & James Murphy Leigh Hartog

Karim Mahmoud John Frisby & Noel Ryan. Joe Carbone Ivan K. Tarjan Ivan S.G. Tarjan Philippa B.Tarjan N/A

Tenders submitted by Anewtec Civil Pty and North Shore Paving Co. Pty Ltd were in a price range that exceeded the available construction budget. The Committee were of the opinion that there was no advantage to give further consideration to these tenders. Civil Logic Pty Ltd did not provide their submission as per the tender requirements and were deemed ineligible for assessment. The remainder of the tenders were evaluated in detail against the weighted evaluation criteria to determine an effectiveness rating. Consideration was then given to the tenderer’s price schedules to determine the best value for money solution with competency in technical aspects of the tender. Evaluation of the Preferred Tender Following an initial assessment, the tender from Talis Civil Pty Ltd was considered by the Tender Evaluation Committee to be providing the highest value for money compared to the next on the ranking list in terms of effectiveness and price. The lowest priced tender from Civeco scored a lower effectiveness rating in the evaluation which negated their minor price advantage over the next two tenders. Civeco did not propose a project methodology which adequately addressed the safe movement of traffic through the intersection during the various stages of construction. Clarifications were requested from both Talis Civil Pty Ltd and J K Williams Contracting Pty Ltd prior to finalising the committee’s recommendation. The clarifications confirmed that J K Williams had excluded a significant number of the tender scope items from their lump sum price leading to the conclusion that price variations would be submitted at various points throughout the project. Talis Civil Pty Ltd confirmed that there were no significant exclusions in their submitted tender price and represent less of a risk to project budget..

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The recommended company, Talis Civil Pty Ltd was selected based on their;1) 2) 3)

Compliance with the tender evaluation criteria, Demonstrated ability to meet Council’s requirements; and Competitive price for the services offered.

Financial Services Manager’s Comment Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Talis Civil Pty Ltd. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services. Based on this review, it is recommended that additional security be obtained from Talis Civil in the form of a bank guarantee for 10% of the contract value. This bank guarantee will be in addition to the normal retention amount withheld from their payments over the course of the project. As detailed above, funding has been allocated to Council by the Federal Government as part of Round 2 of the Western Sydney Infrastructure Plan (WSIP). The total tendered price of Talis Civil of $977,736 (excluding GST) is within this allocation and the available budget. Tender Advisory Group (TAG) Comment The Tender Advisory Group consisting of the Chief Governance Officer, Stephen Britten and Governance Manager, Glenn McCarthy met to consider the tender for construction of Bringelly Road and Caddens Road Roundabout in Kingswood. The TAG has reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations. Conclusion The Tender Evaluation Committee is of the opinion that Talis Civil Pty Ltd has provided the most advantageous tender and it is recommended that the Company be awarded the contract for a contract sum of $977,736 excluding GST.

RECOMMENDATION That:

1.

The information contained in the report on Tender Reference 16/17-07, WSIP, LRP - Construction of Bringelly Road & Caddens Road Roundabout, Kingswood be received

2.

Talis Civil Pty Ltd be awarded the contract for the Construction of Bringelly Road and Caddens Road Roundabout in Kingswood, for an amount of $977,736 excluding GST.

3.

The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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9

28 November 2016

Tender Reference 16/17-08, WSIP, LRP - Design of Erskine Park Road Upgrade

Compiled by:

Matthew Buckley, Major Projects Coordinator

Authorised by:

Michael Jackson, Design and Projects Manager

Outcome Strategy Service Activity

We can get around the City Provide a safe, efficient road network supported by parking Manage the delivery of Council's major infrastructure projects

Executive Summary Tender reference 16/17-08 for the Design of Erskine Park Road Upgrade at Erskine Park was advertised in the Western Weekender on 7 October 2016 and Sydney Morning Herald on 11 October 2016. The tender closed on 2 November 2016. This report advises Council of the outcome of the tender process and recommends that the tender from Kellogg Brown and Root Pty Ltd be accepted for the full scope of works outlined in RFT 16/17-08 for the Detailed Design of the Erskine Park Road Upgrade Project, for a total amount of $494,300 (excluding GST). Background The Australian Government is funding a $200 million Local Roads Package (LRP) as part of the Western Sydney Infrastructure Plan (WSIP). Funding of $25.7 million has been allocated for council to improve road safety and traffic flow efficiency at key intersections along Erskine Park Road. The scope of works for this tender includes detailed design for the following: 1. Erskine Park Road and Bennett Road Intersection – upgrade the intersection and install new traffic signals. 2. Erskine Park Road and Peppertree Drive Intersection – upgrade the existing intersection to a new seagull intersection. 3. Erskine Park Road and Coonawarra Drive Intersection – upgrade the existing intersection to a new seagull intersection. 4. Erskine Park Road & Explorers Way Intersection – upgrade the intersection and install new traffic signals. 5. Erskine Park Road between Coonawarra Drive and Bennett Road – upgrade to four lane median separated dual carriageway (two lanes in each direction) and new shared user path. At the completion of the Erskine Park Road Upgrade, Erskine Park Road will be a four lane dual carriageway between Bennett Road and Explorers Way to join the existing four lane section towards the M4 Motorway and Swallow Drive. The upgrade will significantly improve road safety and traffic efficiency.

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Tender Evaluation Process The Tender Evaluation Committee consisted of Ari Fernando (Major Projects and Design Coordinator), Matthew Buckley (Major Projects Coordinator), Wasique Mohyuddin (Major Projects Coordinator), Michael Doggett (Supply Coordinator) and was chaired by Michael Jackson (Design & Projects Manager). The evaluation criteria advertised and used in assessing the tenders received included the following:        

Business References Demonstrated Ability Works Method and Program Financials Employment Policies (Apprenticeships) Quality Assurance Systems Environmental Management Systems Work Health & Safety

Initial Tender Review A full listing of the tenders received is detailed below in price order (ex GST). Company Kellogg Brown & Root Pty Ltd

Tendered Price $494,300.00

Company Location Level 13, 201 Kent Street, Sydney

Opus International Consultants (Australia) Pty Robert Bird Group Pty Ltd

$638,408.25

Level 13, 475 Victoria Avenue, Chatswood

$774,800.00

Level 11 151 Castlereagh Street Sydney

AT&L and Associates Pty Ltd Mott MacDonald Aust Pty Ltd

$799,869.00 $814,535.00

Turnbull Engineering Pty Ltd GHD

$830,509.00

Mouchel International (Jersey) Limited

$1,262,470.00

$834,376.25

Directors Greg Conlon, Wayne Nolan, Robin Hawketts, Farhan Mujib, Joseph Glatter Dr David Prentice

Robert Bird, Jason Beutel, Grant Weir, Warwick Redgrave, Chris Potter, Hassan Taleb, David Seel, Des Marks, Gavin McAulay, Peter Martin Level 7, 153 Walker Anthony Street, North Sydney McLandsborough Level 10, 383 Kent Keith Howells, Mike Street, Sydney Haigh, Guy Leonard, Ed Roud, Nick DeNichilo UNIT 1, 6 Loftus Road Chris Turnbull Darling Point Level 6, 20 Smith Russell Board, Ashley Street Wright, Rob Knott, Parramatta Diane Lundquist, Michael Muntisov, May Ngui, Edward Roberts, Peter Wasow, Jan Babiak T1, Level 3, Triniti David James Wright, Business Park, 69 David John Merrick,

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SMEC Australia Pty Limited

28 November 2016

$2,148,744.22

Delhi Road, North Ryde Level 5, 20 Berry Street, North Sydney

Giuseppe Incutti Philip Wilcox, Gary Clark, James Phillis, Neil Atkin, Hari Poologasundrum, Greg Goodsell, Trevor Sullivan, Angus Macpherson, Goran Simic, Jonathan Powell, Andrew Goodwin,

The tenders submitted by Mouchel International (Jersey) Limited and SMEC Australia Pty Limited were in a price range that exceeded the available budget. The Committee were of the opinion that there was no advantage to give further consideration to these tenders. The remainder of the tenders were evaluated in detail against the above weighted evaluation criteria to determine an effectiveness rating. Consideration was then given to the tenderer’s price schedules to determine the best value for money solution with competency in technical aspects of the tender. Evaluation of the Preferred Tender Following an initial assessment, the tender from Kellogg Brown and Root Pty Ltd was considered by the Tender Evaluation Committee to be providing the highest value for money compared to the next on the ranking list in terms of effectiveness and price. Interviews were held with both Kellogg Brown Root Pty Ltd & Opus International Consultants (Australia) Pty to clarify detailed aspects of their respective tender submissions prior to confirming the recommendation. No significant issues were identified during the interviews to alter the recommendation of the committee. The recommended company, Kellogg Brown and Root Pty Ltd, was selected based on their;1) Compliance with the tender evaluation criteria, 2) Demonstrated ability to meet Council’s requirements; and 3) Competitive price for the services offered. Financial Services Manager’s Comment Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Kellogg Brown and Root Pty Ltd. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services. Based on this review, no concerns were raised as to the ability of Kellogg Brown and Root to perform the works described. As detailed above, funding has been allocated to Council by the Federal Government as part of Round 2 of the Western Sydney Infrastructure Plan (WSIP). The total tendered price of Kellogg Brown and Root of $494,300 (excluding GST) is within this allocation and the available budget.

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Tender Advisory Group (TAG) Comment The Tender Advisory Group consisting of the Chief Governance Officer, Stephen Britten and Governance Manager, Glenn McCarthy met to consider the tender for the Detailed Design of Erskine Park Road Upgrade. The TAG has reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations. Conclusion The Tender Evaluation Committee is of the opinion that Kellogg Brown and Root Pty Ltd has provided the most advantageous tender and it is recommended that the Company be awarded the contract for a contract sum of $494,300 excluding GST.

RECOMMENDATION That:

1.

The information contained in the report on Tender Reference 16/17-08, WSIP, LRP - Design of Erskine Park Road Upgrade be received

2.

Kellogg Brown and Root Pty Ltd be awarded the contract for the Detailed Design of Erskine Park Road Upgrade, for an amount of $494,300 excluding GST.

3.

The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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10

28 November 2016

Tender Reference 16/17-06, Demolition of Allen Place Elevated Carpark

Compiled by:

Wasique Mohyuddin, Major Projects Coordinator Matthew Buckley, Major Projects Coordinator Neil Farquharson, Financial Services Manager

Authorised by:

Michael Jackson, Design and Projects Manager

Outcome Strategy Service Activity

We can get around the City Provide a safe, efficient road network supported by parking Manage the delivery of Council's major infrastructure projects

Executive Summary Tender reference 16/17-06 for the demolition of Allen Place Elevated Carpark Penrith, was advertised in the Western Weekender on 23 September 2016 and the Sydney Morning Herald on 27 September 2016. The Tender closed on 25 October 2016. This report advises Council of the outcome of the tender process and recommends that the tender from Budget Demolition and Excavation Pty Ltd be accepted for the full scope of works outlined in RFT 16/17-06 for the Demolition of Allen Place Elevated Carpark, for a total amount of $483,600 (excluding GST). Background Penrith City Council engaged a specialised engineering consultant to conduct a detailed structural condition inspection of the Allen Place elevated car park to identify the remaining residual service life of the entire structure. The consultant was of the opinion that the structure was in a dilapidated condition with the expectancy of further rapid deterioration, where signs of significant cracking and partially failed sections were already evident. The ramp structure was considered unsafe for public access and the inspection report recommended closing access and fencing off the area to prevent public access prior to demolition. Public access to the Elevated Carpark was closed on 16 March 2015 by fencing off the ramp area. Council engaged an Engineering Consultant and a scope was developed for the safe demolition of the deteriorated structure. A tender was initially called for the demolition of the access ramps to the elevated carpark only, however this was unable to be awarded due to ongoing negotiations with the adjoining property owner. The bridges and all other remaining elevated structures are now included in this revised tender scope. Tender Evaluation Process The Tender Evaluation Committee consisted of Matthew Buckley (Major Projects Coordinator), Wasique Mohyuddin (Major Projects Coordinator), Michael Doggett (Supply Coordinator) and was chaired by Michael Jackson (Design & Projects Manager). The evaluation criteria advertised and used in assessing the tenders received included the following:

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       

28 November 2016

Business References Demonstrated Ability Works Method and Program Financials Employment Policies (Apprenticeships) Quality Assurance Systems Environmental Management Systems Work Health & Safety

Initial Tender Review A full listing of the tenders received is detailed below in price order (ex GST). Company SWARS International Shore Contracting Pty Ltd Budget Demolition and Excavation Pty Ltd Brefni Excavation & Earth Moving Pty Ltd Stockley Excavations Pty Ltd DECC Pty Ltd IP Contractors Pty Ltd Beasy Pty Ltd

Tendered Price $270,000 $452,217

$483,600

$680,261

Tendered Alternate Price

Company Location

Directors

N/A

Level 13, Citigroup 2 Park Street, Sydney

Mirza Siddiq

200-206 Parkes Street, Helensburgh

Paul Marsden

3 Deniehy Street, Granville

Samaan Habib

$383,397

N/A

N/A

106 Bridge street, Picton

$1,003,565

$441,565

PO Box 1458, Dubbo

$1,121,500

$836,000

$1,154,110

$924,110

$1,160,000

$960,196

10-18 Ocean Street, Banksmeadow 23/195 Prospect Hwy, Seven Hills 16 Orchardleigh Street Yennora

Tom Brady Aaron Stockley Frank Lombardi Graham Hope Bret Baker

Tenders submitted by Beasy Pty Ltd, DECC Pty Ltd and IP Contractors Pty Ltd were in a price range that exceeded the available budget. The Committee were of the opinion that there was no advantage to give further consideration to these tenders. The remainder of the tenders were evaluated in detail against the weighted evaluation criteria to determine an effectiveness rating. Consideration was then given to the tenderer’s price schedules to determine the best value for money solution with competency in technical aspects of the tender. Evaluation of the Preferred Tender Following an initial assessment, the tender from Budget Demolition and Excavation Pty Ltd was considered by the Tender Evaluation Committee to be providing the highest value for money compared to the next on the ranking list in terms of effectiveness and price.

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The three lower price tenders from SWARS International, Shore Contracting Pty Ltd and Stockley Excavations Pty Ltd (alternate price) had significantly lower effectiveness ratings but were assessed in detail and ruled out primarily based on the following basis:  SWARS International did not nominate any in-house or third party with a demolition licence as part of their submission. SWARS did not demonstrate any relevant demolition experience or capability.  Stockley Excavations Pty Ltd were unable to demonstrate relevant demolition experience in a city or town centre environment, particularly involving concrete and prestressed members, or requiring crane usage.  Shore Contracting Pty Ltd hold a restricted demolition licence only, limiting their ability to use cranes to a size which will not provide safe work limit redundancy as recommended in the Demolition Code of Practice. The recommended company, Budget Demolition and Excavation Pty Ltd, was selected based on their;1) 2) 3)

Compliance with the tender evaluation criteria, Demonstrated ability to meet Council’s requirements; and Competitive price for the services offered.

Budget Demolition and Excavation Pty Ltd demonstrated a comprehensive understanding of the scope of works, a thorough evaluation of the project risks and have offered provisions for effective Work Health and Safety controls throughout the project. Financial Services Manager’s Comment Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Budget Demolition and Excavation Pty Ltd. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services. Based on this review, no concerns were raised as to the ability of Budget Demolition and Excavation to perform the works described. A report on this project was provided to Council at the Ordinary meeting of 23 February 2015. This report advised that an estimated amount of $300,000 was available in reserves to complete this project. With tendered prices now received, it is recommended that an additional amount be transferred from reserves to provide a total budget of $500,000 for this project, including contingencies, to cover the tendered price of $483,600 from Budget Demolition and Excavation. Any surplus funds will be returned back to the reserve. Tender Advisory Group (TAG) Comment The Tender Advisory Group consisting of the Chief Governance Officer, Stephen Britten and Governance Manager, Glenn McCarthy met to consider the tender for the demolition of Allen Place Elevated Carpark. The TAG has reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations. Conclusion The Tender Evaluation Committee is of the opinion that Budget Demolition and Excavation Pty Ltd has provided the most advantageous tender and it is recommended that the Company be awarded the contract for a contract sum of $ 483,600 excluding GST.

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RECOMMENDATION That:

1.

The information contained in the report on RFT16/17-06 demolition of Allen Place Elevated Carpark be received

2.

Budget Demolition and Excavation Pty Ltd be awarded the contract for the Tender Reference 16/17-06, Demolition of Allen Place Elevated Carpark, for an amount of $483,600 excluding GST.

3.

The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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28 November 2016

Review of Environmental Factors (REF) for The Northern Road Upgrade (Stage 3) between Glenmore Parkway, Glenmore Park and Jamison Road, South Penrith

Compiled by:

Walter Sinnadurai, Transportation Planner

Authorised by:

Adam Wilkinson, Engineering Services Manager

Outcome Strategy Service Activity

We can get around the City Provide a safe, efficient road network supported by parking Provide technical advice on traffic issues and plan for the delivery of traffic, shared paths, bicycle and bus shelter facilities

Executive Summary The purpose of this report is to present Council with information relating to the proposed concept design and Review of Environmental Factors (REF) for The Northern Road Upgrade (Stage 3) between Glenmore Parkway, Glenmore Park and Jamison Road, South Penrith; a project being developed by the Roads and Maritime Services (RMS). This report will provide an assessment of the key issues that have been part of RMS exhibition material presented through the community feedback information. The report recommends that the information be received and that the Engineering Services Manager be authorised to finalise a submission, based on this report, and forward it to the RMS by the closing date of 1 December 2016. Background The Northern Road Upgrade is a component of the Australian and NSW Governments’ Western Sydney Infrastructure Plan (WSIP). The WSIP involves major road upgrades that will support the economic, social and land use objectives associated with the development of the planned Western Sydney Airport at Badgerys Creek. The Northern Road Stage 3 is part of the Western Sydney Infrastructure Plan (WSIP), a 10 year, $3.6 billion road investment program. In August 2015, Council made submission to RMS to inform their work in developing The Northern Road Stage 3. For the past 18 months, Council officers have continued to work with the RMS to ensure that the future upgrade delivers appropriate outcomes for all stakeholders. At a recent Councillor Briefing held on 31 October 2016, RMS presented to Council the details of the proposed upgrade. Current Situation After reviewing the comments and issues that were raised by various stakeholders including Penrith City Council, RMS have developed the concept design and REF for The Northern Road Upgrade between Glenmore Parkway and Jamison Road, and are seeking community feedback by Friday 4 November 2016. Council have secured a time extension from RMS until 1 December 2016 to allow sufficient time to consider and respond to the REF. The proposed 4km upgrade includes an upgrade to the M4/Northern Road interchange. It is expected that construction will start in the first half of 2017 and be open to traffic by 2020. Key features of the proposed Stage 3 road upgrade includes;

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 Widening The Northern Road to provide a divided road with three general traffic lanes and a kerbside bus lane in each direction  Upgrading the interchange with the M4 Western Motorway (from here referred to as the M4 Motorway). This work would include:  Replacing the existing bridge over the M4 Motorway with a new, wider bridge Realigning and widening the motorway entry and exit ramps to allow for future M4 Smart Motorway upgrades  Replacing the two sets of existing traffic lights with one set of traffic lights  Replacing the roundabout at Glenmore Parkway / Wentworth Road with a four-way intersection and a set of traffic lights  Providing additional turning lanes at the following intersections: Maxwell Street / Bringelly Road; Smith Street; and Jamison Road  Removing all right turns into and out of Homestead Road and Castle Road, with these roads to become left-in, left-out only  Providing traffic lights at the Frogmore Road / Tukara Road intersection  Realigning sections of Aspen Street and Hilliger Road to allow for a four-way roundabout at Maxwell Street. This roundabout would include a traffic light on Aspen Street only, to control the flow of traffic into Maxwell Street  Upgrading Cross Road and extending it south to connect to the roundabout on Wentworth Road, creating a through connection between Homestead Road and Wentworth Road  Providing a new roundabout and entry to the Penrith Christian School from Frogmore Road, about 85 metres west of Simeon Road  Providing a new service road for access to Penrith Golf and Recreation Club  Providing new U-turn facilities for eastbound and westbound traffic on Glenmore Parkway via a new roundabout west of the proposed golf course access  Providing retaining walls at the following locations:  On the eastern side of The Northern Road, south of Homestead Road  On either side of the M4 Motorway beneath the proposed bridge (reinforced soil walls)  On the western side of The Northern Road, south of Tukara Road  On the eastern side of The Northern Road, south of Bringelly Road  On the eastern and western side of The Northern Road at numerous locations between Maxwell Street / Bringelly Road and Smith Street, including at some private property boundaries  On the eastern and western side of The Northern Road at numerous locations between Smith Street and Jamison Road, including at some private property boundaries  On the northern side of the M4 eastbound on-ramp, towards the eastern end of the ramp  On the southern side of Smith Street, west of the intersection with The Northern Road  On the eastern side of The Northern Road adjacent to the Flower Power Garden Centre, south of Castle Road  Providing a shared path on the western side of The Northern Road, between Glenmore Parkway and Jamison Road; and on the eastern side between Wentworth Road and Bringelly Road  Upgrading the footpath on the eastern side of The Northern Road, between Bringelly Road and Jamison Road  Providing noise barriers at the following locations:

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 On the northern side of the M4 Motorway eastbound exit ramp, and extending north along the western side of The Northern Road between the M4 Motorway and Tukara Road  On the western side of The Northern Road between Tukara Road and Aspen Street  Providing noise treatments for about 223 properties (including residential and nonresidential), in addition to the proposed noise barriers  Providing new bus stops, and relocating some existing bus stops where necessary  Upgrading street lighting  Providing landscaping along the length of the route  Boundary adjustments to private property (this would include changes to driveways and front fences) to suit the changed road alignment  Partially acquiring a number of properties to accommodate the wider road corridor. The access strategy and preliminary design options that have been developed by the RMS and presented to the community for feedback are supported. The improvements to intersection safety, the proposed traffic management arrangements at each intersection along the route, the provision of bus lanes, and the provision of new local roads (to improve connectivity), are all very much welcomed. This report and Council’s submission will focus moreso on a small number of outstanding matters for which we believe further consideration must be given. Furthermore, Council would welcome the opportunity to assist the RMS in reviewing matters raised separately by the community to RMS through the recent exhibition process. The proposed submission to RMS will include the following; Infrastructure Road Widening The proposal seeks to widening The Northern Road to provide four lanes in each direction (three general traffic lanes and a kerbside bus lane) with a raised concrete median (of variable width), between Glenmore Parkway, Glenmore Park and Jamison Road, South Penrith. Comments The proposed increased number of lanes along The Northern Road is supported. The increase of the number of lanes would improve road capacity and the travel times. The proposed raised median would provide restricted access to the Farm Fresh shop at 1832-1838 The Northern Road. We request the RMS need to find a suitable solution in consultation with the owner, as well as considering deceleration lane options. Bus Lane Provision of a continuous bus lane in each direction between Glenmore Parkway, Glenmore Park and Jamison Road, South Penrith. The bus lanes would be 24 hour bus lanes with parking not permitted in the bus lanes. However, bicycles are permitted to legally travel in bus lanes.

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Comments The provision of dedicated bus lanes is supported. This will provide a reliable public transport link and improve bus travel times. However, there is presently no defined proposal for a bus lane/route between Jamison Road and the Penrith Station Interchange that would likely utilise the local road network. It is recommended that the RMS and Transport for NSW should commence discussion with Council regarding the “last mile” bus route connection to the Station and determine any required infrastructure upgrades. M4 Interchange Construction of the upgrade would commence in mid-2017 and be open to traffic by 2020. During this 2.5-year period construction would generally take place as follows:  Construction of part of the new southbound carriageway and new M4 Bridge until mid to late 2018.  Construction of the new northbound carriageway from late 2018 to end of 2019. This period would include demolition of the existing M4 Bridge. There would also be a period of final westbound ramp works at the interchange in 2019 to complete the interchange. Comments The implementation of ‘construction zone” speed limits along the M4 must be carefully planned to minimise traffic impacts particularly in the peak periods. Intersection Upgrades The proposal has identified 8 intersection upgrades along The Northern Road including additional turning lanes at some intersections, banning right turn movement to and from local roads (through the installation of a continuous central median) and new traffic lights with seagull intersection. The proposed intersection upgrades would improve intersection capacity and travel times, and also improve the connectivity for pedestrians and cyclists, hence improving safety. In addition, the proposal has identified 3 local road intersections to improve the connectivity. Specific locations are addressed in more detail below. Glenmore Parkway / The Northern Road / Wentworth Road intersection The proposed upgrade comprising:  Traffic lights to replace the existing roundabout, allowing all movements  Separate left-turn lanes on all approach roads to the intersection  A new dedicated access road into the Penrith Golf and Recreation Club, meeting Glenmore Parkway at a new T-intersection about 175 metres west of The Northern Road, with all left and right turn movements allowed  Extension of Cross Road to provide a new local connection between Wentworth Road and Homestead Road Comments The right turns out of the Penrith Golf and Recreation club is currently permitted onto The Northern Road. Under the proposal, this turn would no longer be permitted. However, the proposal provides alternative access to Penrith Golf and Recreation Club, therefore the proposal is supported subject to RMS receipt of concurrence from the Penrith Golf and Recreation Club.

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Frogmore Road / Tukara Road / The Northern Road intersection Previously, Council made a submission for full signalisation of the intersection of The Northern Road /Tukara Road / Frogmore Rd, with one pedestrian leg across The Northern Road. RMS has considered a number of issues that were raised by stakeholders including Penrith City Council, about the Frogmore Road / Tukara Road intersection and investigated seven options that were considered for this intersection during the development of the proposed concept design, and how they addressed the issues listed and the proposal objectives. RMS investigations shows that by permitting a right turn out, or straight through access to Frogmore Road would attract additional traffic into Tukara Road and its adjoining local feeder roads to reach the intersections. It was also revealed that the traffic redistribution effect throughout the local area would result;  in queuing traffic interfering with the M4 Motorway Interchange operation  in increased average vehicle delay on The Northern Road of more than 20 seconds during peak periods  requires removal of parking on Tukara Road, east of Fragar Road  in the acquisition of properties along Tukara Road  introduces additional road noise and air quality impacts to properties on Tukara Road  leads to significant increases in traffic volumes on Fragar Road from traffic originating in Jamisontown RMS investigations concluded that signalising the existing intersection layout at Frogmore Road / Tukara Road, with an extension of the northbound acceleration lane for right turn vehicles and a new pedestrian crossing across The Northern Road. Several intersection configurations were considered, and the RMS has resolved to adopt Option 4 as their preferred configuration. The proposal includes improve safety for vehicles turning right from Frogmore Road by extending the northbound acceleration lane, from about 50 metres to about 270 metres in length. In signalising this intersection, the flow of northbound traffic along The Northern Road was the priority consideration, to avoid limiting the performance of M4 Interchange. The intersection layout and the traffic light phasing have therefore been designed to allow freeflowing movement along The Northern Road at all times except when the pedestrian crossing is activated. Comments In considering the adverse effect along the local Tukara Road such as increased traffic flows, noise, air quality and potential property acquisition, the proposed Option 4 intersection configuration is supported in principle. However, in relation to the right turn movements from Frogmore Road onto The Northern Road (TNR), for north bound traffic heading towards Penrith, Council Officers are concerned about the design and safety of the extended north bound merge lane. Concerns have been raised about the safety of merging right turning traffic with uncontrolled north bound traffic, travelling at speed and in significant volumes, along TNR. In addition, the configuration invokes an unconventional right to left merging manoeuver. Whilst it is recognised that the proposed acceleration and merge lane is longer than what exists at present, the volumes of right turn traffic from Frogmore Road in both am and pm

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school peaks is expected to be significant. Council is concerned for the safety of a platoon of vehicles (say up to 15), released on the right turn phase, attempting to merge left, simultaneously with peak hour north bound traffic at speed. Accordingly, we request the RMS give serious consideration to phasing the signals such that north bound traffic is managed as part of the right turn phase from Frogmore Road into TNR. This will ensure adequate capacity and safety to perform the merging function. We accept that this matter is exacerbated during the am and pm school peaks and so would request consideration be given to sensor pads within Frogmore Road to detect when significant platoons of vehicles are seeking to turn right. It should be at these times when the north bound traffic along TNR should be critically managed via a red light phase on north bound traffic (Pedestrian crossing hold line). Outside of the peak, where lesser turning traffic is likely, the extended merge lane is likely to function adequately. The introduction of a pedestrian signal phase at the intersection is very much welcomed. Council understands that the proposal is to have a two stage pedestrian phase which introduces pedestrian holding on the central median. Given the prominence of the school, this is likely to involve children standing on the central median in peak times. We request that the RMS gives serious consideration to the design of such facilities to ensure the safety of all users; in particular school children. Aspen Street / Maxwell Street/Hilliger Road Intersection Several configurations of intersection treatments were considered. A new four-way roundabout (Option 3) between Maxwell Street, Aspen Street and Hilliger Road with traffic lights on the Aspen Street approach during peak period is proposed as the RMS’s preferred option. The roundabout would prioritise traffic turning right from Aspen Street into Maxwell Street, but it would result in extended delays on Maxwell Street west of Aspen Street. The addition of traffic lights on the Aspen Street approach would allow traffic priority to be managed on Maxwell Street during peak periods, reducing queue lengths and allowing network access to be maintained. Comments Proposed intersection Option 3 is supported and would improve road safety. Also Council supports traffic lights operating during peak hours only on the roundabout. New Roundabouts and road connections The proposal has identified three new roundabouts on local roads to improve the connectivity and the locations are given below:  A new single-lane roundabout at Glenmore Parkway about 480 metres west of The Northern Road. This roundabout to facilitate U-turn movements for traffic entering or leaving Fairwater Court and Garswood Road  Realigning sections of Aspen Street and Hilliger Road to allow for a four-way roundabout at Maxwell Street  A new roundabout and entry to the Penrith Christian School from Frogmore Road, about 85 metres west of Simeon Road Comments Subject to no substantial objections from affected residents, Council supports in principle the

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provision of the proposed three roundabouts to be constructed on local roads. Council would welcome the opportunity to be a part of the detailed design process and an application must be made to Council’s Local Traffic Committee (LTC) for the proposed roundabout signage and line marking plans. The design of the proposed new roundabout on Frogmore Road, would require significant pavement upgrade to cater for the increase in heavy vehicle movements, and be able to accommodate U-turn movements for semi-trailers. The pavement and turning path design of the roundabout must cater for large rigid vehicles. The subject local streets that are affected by this proposal are likely to receive more traffic than usual. A formal pavement design is to be prepared by a suitably qualified and experience personnel where pavement is to be reconstructed. A minimum pavement design life of 25 years shall be used to determine the pavement thickness and the pavement design shall be based on the design traffic loading given in the council’s development guideline and comply with the minimum pavement thickness. The Northern Road / Stafford Street The Northern Road Upgrade Stage 3 does not include The Northern Road/Stafford Street intersection furthermore Council has not considered this intersection as part of the Western Sydney Infrastructure Plan (WSIP) under the $200 million Local Roads Package, as it sits outside of works. Comments Council is concerned this intersection is a missing component of The Northern Road upgrade project and needs to be addressed as vehicles will be able to cross 8 lanes of The Northern Road in an uncontrolled manner. Council requests that the RMS consider addressing this intersection with a view to modelling potential configuration scenarios /turn bans. Garswood Road The proposal seeks to restrict movements to left in, left out from Garswood Road to The Northern Road to minimise delays for The Northern Road traffic. Comments With the extension of the right turn bay onto the M4, there are concerns for traffic turning left out of Garswood Road, then trying to cross lanes of traffic to turn right onto the M4 eastbound entry ramp. Council asks that the RMS reconsider this potential safety risk of lane crossing manoeuvres and ensures that the detailed design can cater for the manoeuvre. Parking Impact The proposed The Northern Road Upgrade would provide four general traffic lanes in each direction from south of Jamison Road. 24 hour kerbside bus lanes would be provided in both directions along The Northern Road. No parking is permitted in bus lanes. A loss of 109 on-street parking spaces is expected in total with the inclusion of local roads, as shown in Table 1.

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Table 1 - Loss of parking locations Road The Northern Road Jamison Road Jamison Road Maxwell Street Aspen Street

Section Stafford Street and Jamison Road about 200 metres west of The Northern Road The Northern Road and Jean Street 170 metres west of Hilliger Road 60 metres south of Maxwell Street

Side Both sides Both sides Both sides Northern side Both sides

Parking loss 30 15 15 17 32

Comments The removal of parking along The Northern Road is to accommodate 24 hour bus services and along the local roads to allow the kerbside (parking) lanes to be effectively utilised and reduce queueing. Generally they are not associated with nearby commercial land use. Subject to no substantial objections from affected residents, Council supports in principle the removal of parking spaces. Currently, along The Northern Road between Jamison Road and Barber Avenue, there are three lanes in each direction. Parking is permitted in the kerbside lanes in each direction between Jamison Road and Derby Street and along eastern kerbside lanes between Derby Street and Barber Avenue. Given that all on-street parking will be removed (South of Jamison Road) the RMS should consider the benefits that would be achieved through the removal of existing kerbside lane parking in each direction between Jamison Road and the Great Western Highway. This would allow effective use of the kerbside lane for travel, potentially improving the network. Council supports in principle the introduction of peak time clearways or similar, along The Northern Road between Jamison Road and the Great Western Highway. This is a State Road and hence a matter for the RMS to determine. Pedestrian Fencing / crash barriers on median Comments Consideration should be given in the detailed design for managing head-on collisions where narrow medians are designed by providing wire rope barriers on the median. Additional pedestrian fencing should also be considered in critical locations to manage pedestrians. Construction Zone During construction, access to all existing properties along The Northern Road would be maintained under a construction staging strategy developed by RMS and the construction contractor. While there would be some temporary disruptions and diversions to traffic, including reduced speed limits through construction zones, RMS should ensure that the existing road capacity and function are maintained during peak periods throughout construction, including during construction of the proposed M4 Motorway bridge. Comments We request that the speed limits for construction zone traffic should only be in place when work is underway, not for the full duration of the project. Also Council have concern over the likely duration of night works and the impact on residents. A detailed construction management plan must be developed and consultation undertaken with affected residents

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and businesses. Shared-Use Path (SUP) The proposed provision of a new shared path improving safety for pedestrians and cyclists also provides an alternative mode of transport. The new shared path is on the western side of the road and a new footpath on the eastern side of the road. Comments  All legs of signalised crossings are to include bike lanterns to permit legal crossing by bike riders;  Concern raised for on-road bike riders travelling within 24 hour express Bus Lane.  Where bus zones are proposed along the western side of TNR, the shared-use path is to pass behind the zone and/or any shelter to avoid conflict with bus passengers and the boarding/disembark points. Noise During Construction Construction is anticipated to occur over a three year period (2017-2019) with works generally being carried out during standard working hours. However, to minimise disruption, some works will be carried out outside standard construction hours, including paving, line marking, clearing of vegetation, bridge work and the installation of traffic control measures and emergency work. In general, noisier activities will be restricted to standard construction hours wherever possible. Night work is to be scheduled during construction of the M4 Motorway interchange (and demolition of the existing bridge), most likely between the hours of 8pm and 5am Monday to Friday, and weekend work is also likely to be required. An assessment of potential construction noise and vibration impacts on sensitive receivers has been undertaken and included:     

Identifying noise and vibration sensitive receivers and defining the study area Undertaking noise monitoring to determine the existing noise environment Establishing noise and vibration assessment criteria Modelling predicted construction and operational noise levels Assessing predicted noise and vibration levels against the relevant criteria to determine potential impacts  Identifying safeguards and management measures to be implemented to minimise impacts. Predicted noise levels indicate that during construction, there will be noise impacts at sensitive receiver locations located close to the project boundary. Of the assessed construction stages, demolition works incorporating concrete sawing and jackhammering are expected to have the biggest noise impact to receivers and these activities are proposed to be restricted to daytime hours wherever possible. Of the activities to be undertaken during night time hours, paving works are predicted to impact the greatest number of receivers, including exceedances greater than 25dB(A) above noise management levels in some instances. The duration of worst case impacts is expected to be 2-3 nights for affected receivers. Further assessment of sleep disturbance impacts and opportunities to reduce the need for night-time works is proposed to be undertaken during the detailed design stage.

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The REF commits to construction work being carried out in accordance with the Interim Construction Noise Guideline (DECC, 2009) and the Noise Criteria Guidelines (Roads and Maritime, 2015) with prior advice given to the community regarding work hours, and any planned construction work that is proposed to be carried out outside standard construction hours. It also states that construction activities will be guided by a Construction Environmental Management Plan and where construction noise is predicted to exceed noise management levels, mitigation through construction noise management techniques is proposed, with 265 receivers (9% of all receivers) identified for consideration of construction noise mitigation. The REF states that final construction methodology and staging will be refined during the detailed design phase of the proposal, and associated noise and vibration impacts and mitigation measures re-assessed as required. Comments It is requested that the RMS ensure that the further detailed noise assessments identified as being required in the REF are undertaken with subsequent community consultation to ensure that construction noise impacts upon nearby receivers are minimised and scheduled for the shortest possible duration. As the project construction works are defined as a scheduled activity under Schedule 1 of the Protection of the Environment Operations (POEO) Act, the construction works require an Environmental Protection Licence (EPL) from NSW EPA prior to the commencement of works. It is anticipated that the EPL will include conditions specific to noise management and community complaint response and as the Appropriate Regulatory Authority (ARA) for the works, the EPA is responsible for ensuring compliance with the conditions of the EPL. Operational Noise During operation, noise modelling for the proposal shows that, without treatment, noise management levels would be exceeded at some receivers along both sides of The Northern Road, in particular those receivers located north of the M4 Motorway. The proposal therefore includes noise barriers along the road edge at the following locations:  

Along the northern side of the eastbound M4 Motorway off-ramp Along the western side of The Northern Road from the M4 Motorway to Aspen Street, with a break at Tukara Road.

To the north of Maxwell Street and Bringelly Road, noise walls are not a viable noise mitigation option because of the need to maintain access between The Northern Road and individual properties.

With the proposal and after the erection of proposed noise barriers, about 223 receivers located adjacent to and near The Northern Road would continue to experience operational noise impacts, such that these receivers would be eligible for consideration of at-property treatments to mitigate operational noise. These include the following residential receivers:  Properties immediately adjacent to The Northern Road, particularly between Jamison Road and Maxwell Street, and Bickley Road and Aspen Street. Operational noise at

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approximately 90 per cent of these properties is predicted to exceed the cumulative limit (i.e. exceed the relevant noise criterion by more than 5dB(A))  Properties on the northern sides of Smith Street (west of The Northern Road) and Maxwell Street where operational noise levels are expected to increase by 2 dB(A) or more as a result of the proposal  Properties located adjacent to the junction of the M4 Motorway and The Northern Road, particularly those situated adjacent to the M4 Motorway’s eastbound ramps.  It is noted that many of the receivers identified as potentially requiring mitigation that front The Northern Road are already currently exposed to acute noise levels for either day or night periods. Non-residential receivers that qualify for the assessment of potential additional mitigation based on predicted noise levels during operation of the proposal include the following:      

Kingswood South Public School Kingswood High School Montgrove College Penrith Christian School Imagine Nations Church Mary McKillop High School  Penrith Anglican College  Jehovah’s Witnesses The REF presents an assessment of a number of operational noise mitigation options including low noise pavement, noise barriers and at-property treatments such as courtyard screens, upgraded windows, glazing and doors, and the provision of mechanical ventilation systems. The REF identifies at-property treatments as the most reasonable form of noise mitigation for the 223 receivers where exceedances of operational noise criteria have been predicted and the implementation of proposed noise barriers would not achieve the required reduction in noise levels at that receiver due to breaks in any barrier solution to necessitate driveway access. Many of the receivers identified as potentially requiring mitigation that front The Northern Road are already currently exposed to acute noise levels for either day or night periods. Properties that do not front The Northern Road, the M4 Motorway, Maxwell Street or Smith Street would generally comply with operational noise criteria. In addition to road traffic noise during operation, other noise sources associated with operation of the proposal have been considered including the installation of audio tactile pedestrian crossing devices (audio-enabled pedestrian push buttons). These units improve accessibility for the hearing and vision impaired by emitting vibration and audible signals at safe crossing times. The audible signal of these units can impact the acoustic amenity of nearby receivers. Nine properties have been identified as recommended for property treatments to reduce the noise level within the dwelling. The REF recommends that further assessment be undertaken during detailed design to ensure associated impacts are appropriately mitigated. Comments It is requested that the RMS ensure that the further detailed noise assessments identified in the REF as being required are undertaken, with subsequent engagement in community

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consultation to ensure that appropriate and effective noise mitigation measures are implemented that respond to the concerns of the noise affected community and ensure that the noise levels at sensitive receivers comply with applicable noise criteria. Sensitive receivers, such as schools, must be carefully considered. In particular, Penrith Christian School requires specific assessment and treatment (possibly via the installation of noise walls along its boundary with the M4) to appropriately manage the noise impacts on the operation of the school. Vibration Vibration intensive plant will be used for some activities including earthworks, paving, demolition and pile boring for bridge works. Vibration criteria are not expected to be exceeded at any receiver during construction works. Surface Water Quality Impact Construction works have the potential to impact on surface water quality due to sedimentladen runoff caused by excavation, vegetation removal and other surface work, particularly before or during periods of heavy rainfall. There is also the potential for the exposure of salinity within soils. The REF proposes further salinity testing prior to construction to further assess salinity risks and identify appropriate controls. The REF commits to the preparation and implementation of site specific Erosion and Sediment Control Plans as part of the overall Soil and Water Management Plan. During operation of the proposal, the surfaces disturbed during construction will be resurfaced or revegetated, however, runoff from the proposal could potentially impact on local surface water quality by washing litter, debris and pollutants (such as hydrocarbons) from the road pavement into surrounding natural drainage lines and water courses. To protect surface water quality during operation, the REF proposes that all runoff from the road will be captured and conveyed by new pavement drainage systems to existing drainage lines along The Northern Road. Existing cross-drainage infrastructure, such as culverts, will be upgraded or replaced where required, to capture and convey overland flows and to channel them into existing drainage lines. Comments The erosion, sediment and water quality control measures proposed to be implemented prior to and during construction works should effectively manage potential water quality issues during the construction stage. Groundwater Quality Impact Whilst a groundwater system is expected to exist along the proposed alignment, ranging from 2 to 30 metres below ground level, the REF concludes that no significant groundwater impacts are expected as cuttings will be relatively shallow (less than 2 metres below ground level) and located above the regional groundwater table. Also, whilst piling will be required to rebuild the M4 Motorway Bridge, the REF concludes it is unlikely to impact on groundwater as the piles will not create a barrier to groundwater flows or extend deep enough to create pathways between shallow and deep aquifers. Comments As the proposed works will be located above the regional groundwater table, groundwater impacts are not anticipated.

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Air Quality During construction, the primary risk to local air quality is the generation of dust with receivers located close to the site works and in the direction of prevailing winds being the most susceptible to dust-related impacts. Potential impacts on air quality during the operation of the proposal would be generally associated with changes in motor vehicle traffic emissions. An assessment of potential air quality impacts has been undertaken and it concludes that any changes in local air quality at surrounding receivers as a result of the proposal will be minimal and within the existing range of air quality variations within the area. This finding is based on the modelled scenario, in which the final design would not result in traffic lanes less than five metres from the facade of the nearest receiver. Comments The REF proposes a number of safeguards and management measures to minimise air quality impacts during construction activities. The implementation of these should effectively minimise potential air quality impacts and the installation of depositional dust gauges to monitor dust levels during construction is supported to ensure that dust levels are monitored and maintained in compliance with air quality criteria. Contaminated Land A Stage 1 contamination assessment has been undertaken which did not include any ground investigations, sampling or testing of soils. Areas of environmental concern were identified due present and previous land uses within the project area and these include a service station site, fill material, stockpiled materials, septic tanks and market gardens. For all sites, the risk was identified as moderate and not considered to present a constraint to the proposal. The REF states that based on the assessment, further contamination investigations and assessment is required prior to construction. During construction works, the storage and use of fuel and other chemicals presents a risk of land contamination due to leaks or spills. There is also the potential for known or unknown contaminated materials to be identified and impacted during construction works and this includes the potential for asbestos contamination. The REF commits to the preparation and implementation of a Contaminated Land Management Plan and an Asbestos Management Plan as part of the overall Construction Environmental Management Plan for the project. Furthermore, the REF states that consultation with the EPA shall occur if contaminated areas are encountered during construction. In regard to the importation of material, a surplus of material is anticipated at the completion of construction (15,000m3 of excess material is anticipated to be produced). However, if additional fill material is required that cannot be sourced from the site, the REF states that this will be imported from a suitably licensed nearby quarry. Comments Whilst detailed contamination investigations have not yet been conducted, it is anticipated that land contaminated through existing and past uses may impact upon the proposed project site. As the project works are categorised under State Environmental Planning Policy (Infrastructure) 2007 as being “development permitted without consent”, any associated remediation works that are required during the construction of the project do not require Council consent.

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It is requested that the RMS ensure that comprehensive and detailed contaminated land investigation, remediation and validation procedures and protocols are implemented as part of the Contaminated Land Management Plan and Asbestos Management Plan and that consultation with the NSW EPA occur, as stated in the REF, should land contamination be identified. It is also requested that the RMS ensure that a comprehensive Waste Management Plan is prepared and implemented to ensure that all waste arising from the construction of the project, including contaminated material and asbestos, is collected, transported and disposed of lawfully at a lawful waste management facility. Landscape Design 1. General: a. there is minimal consideration for streetscape amenity, shade and its sustainable cooling effects, and pedestrians and cyclists who are equally valid users of the road corridor. b. Linear identity is supported, particularly the transition from rural to the urban/suburban fabric. c. The mountains theme is not supported. References to the Grose Valley in the Blue Mountains does not represent Penrith’s sense of place. Whilst views to the mountains are recognised at some locations and these should be celebrated, to continue a mountains theme throughout the road corridor is considered inappropriate as it does not align with Penrith’s sense of place, but rather that of a different place and location. Penrith and The Northern Road ridge are parts of the plain that lies at the foot of those mountains. 2. Road Design a. Undergrounding of power is a necessity to ensure delivery of the intended character and visual amenity. The practical reality alternative is the planting of either small trees / shrubs and/ or trees that will be lopped by Endeavour Energy resulting in a poor streetscape amenity. b. Maxwell St to Jamison Rd (urban fabric sector): i. Residential property boundaries prevent a widening of the road corridor in this sector (more than one third of the entire length) and the upgrade will result in a significant reduction in streetscape amenity as there is no land available for landscaping. Retaining walls and noise walls will dominate the landscape, and will be vulnerable to grafitti. To compensate for the lack of opportunity to plant trees, alternative options should be explored by RMS, such as incentives for residents to plant trees in front/rear gardens (eg. provide free trees), tree planting on the verges of adjacent Council roads (local roads narrowed if necessary to provide planting areas) etc. The result can be a ‘borrowed landscape’ that contributes some amenity to the corridor. ii. Given retaining walls are proposed to be from 0.5m to 2.0m in height, safe driveway solutions for residents to access their properties are required. Currently this does not appear feasible, considering sightlines and level changes. iii. Retain a large existing tree at Ch3650 by starting the bus lane after the tree iv. Currently there is unauthorised traffic movement through the planted median between Aspen St and The Northern Road. Existing mature vegetation and visual amenity is compromised as a result. A

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substantial barrier solution is requested in this area to control vehicle movement and improve safety and visual amenity. 3. M4 Motorway interchange bridge a. The existing throw screen artwork on the M4 interchange/bridge is a rowing theme and the change to a ‘mountains’ theme is not supported. The current rowing theme at one of Penrith’s important gateways or arrival points and contributes to the city’s character, culture, lifestyle and identity. Further, the mountains design is inconsistent with the design ‘grain’ represented in the series of graphic representations on other bridges. The existing rowing theme should remain at the interchange bridge. b. The character and visual identity of the M4’s east-west linear experience has not been considered. A landscape differentiation between the Mulgoa Rd and The Northern Rd exits/interchange should be considered, without reliance on the bridge graphic theme alone. 4. Retaining wall structures and noise walls a. Mountains artwork theme- see above b. The potential for ongoing graffiti needs to be addressed. Sufficient setbacks from paths and landscaping provided to screen walls to minimise the potential for graffiti. When space is limited a minimum treatment should be creepers to create green walls eg. Ficus, Boston Ivy c. The ‘beach colour’ proposed does not represent the local area. Darker colours will be visually recessive, reducing their visual bulk and impact eg. dark grey. An example of dark walls with successful creepers is at The Northern Road opposite Jordan Springs. d. Wall capping should be designed so dribbles do not result in unsightly staining of walls e. More details (types, finish, materials) of the retaining walls could not be found 5. Noise Walls: All the proposed noise walls shall be maintained by RMS. There are significant views to the mountains that will not be seen due to proposed masonry noise walls. Some of these have not been identified in the analysis and are north of the M4, experienced both north and south-bound. These views are considered higher in value than those from the M4 bridge itself. They can be appreciated by vehicle passengers, pedestrians and cyclists as well as drivers. The design does not acknowledge or respond to these views, therefore masonry walls at these locations are not supported. These walls will also be highly susceptible to graffiti. Given the very few locations in our region where elevated, large, big-sky, expansive views to the mountains can be afforded, alternative solutions such as glazed panels should be considered to celebrate these views (see images on following page).

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6. Landscape Design a. whilst the Cumberland Plain Woodland planting palette may be contextually appropriate in the rural sector of the corridor, it is not considered appropriate in the peri-urban and urban sectors. Replicating a bush environment has presentation and management implications (litter removal, the size of endemic trees at maturity in constrained spaces etc). As the landscape identity changes from rural to urban, so too should the planting palette by transitioning to more structured designs and species appropriate to that context. b. an increase of tree planting is requested, particularly in the peri-urban and urban sectors.

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c. Best practice planting methods are required, including seeding (RMS current embankment standards). In any areas of cut, 75-150mm of topsoil is not considered a successful planting treatment. d. Where medians are wide enough, tree planting is requested (with the relevant barriers) to assist in reducing the scale of the extremely wide corridor (55m wide in places) and increasing visual amenity and shade. e. Steep batters should integrate means of safe access for maintenance staff. f. It is considered there will be far greater loss of existing trees and vegetation than shown on the plans. The high visual sensitivity and high magnitude of the upgrade means any trees able to be retained are highly valued. Changes in level, cut and fill may compromise the long term health of these trees. Arborists reports are required pre and post construction and should be provided to Council. They should include a full audit and assessment of existing trees in the corridor. The health of trees remaining should also be monitored post construction and corrective / compensatory actions agreed should existing trees fail over that period. 7. Road Furniture (Bus Shelter) Glass shelter panels are not acceptable, generally perforated metal/ expanded mesh is to be used. No signage panel and previously we used a stainless steel seat. The supply/installation/maintenance/cleaning of bus shelters will be reviewed shortly and an alternative procurement process may be pursued. 8. Construction In compound sites, existing stands of vegetation are required to be protected and maintained according to best practice. Rehabilitation of compound sites should be designed in consultation with council – extensive planting of Cumberland Plain Woodland across these sites is not supported. 9. Maintenance It should be acknowledged that the works being undertaken will provide an impressive ‘gateway’ into the City with a large number of quality landscape inclusions. These inclusions will however impose a significant additional maintenance liability on Council, based on precedents with other State Roads. The information in the report appears ‘silent’ on the issue of maintenance liability or anticipated annual maintenance costs. Property Acquisition The Property Development Department supports the compulsory acquisition of seven sites identified by RMS required for the Stage 3 Upgrade of The Northern Road, subject to Council’s rights under the Just Terms Compensation Act. Council reinforced this support through the Council resolution at the Committee of the Whole meeting on 25 July 2016. Comments Under Environmental Planning and Assessment Regulations 2000, Council is required to specify in a Section 149 Planning Certificate whether or not land is affected by road widening or realignment under (a) Division 2 of Part 3 of the Roads Act 1993, or (b) any environmental planning instrument, or

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(c) any resolution of the council. The REF does not indicate as to whether the land acquisition will be undertaken under Division 2 of Part 3 of the Roads Act 1993. It is requested that RMS provide Council further information as to how the proposed acquisitions will occur and whether Council has any obligations for providing road widening information on planning certificates. Planning Future Development at the Cnr Wentworth / Northern Road The existing roundabout located at Glenmore Parkway / Wentworth Road and The Northern Road is to be converted to a signalised intersection. Comment Council is in receipt of a planning proposal request for property 2006-2012 The Northern Road (Lot 40 DP 853672), lodged on 28 September 2016. This site is subject to significant road widening and acquisition. The planning proposal requests service station and food and drink premises land uses to be permitted on the land. The planning proposal has not been determined. The REF does not provide any information as to the impact of the intersection upgrade works in respect to future access on this site and the requested land uses. It is requested that RMS provide further information as to the proposed vehicular access arrangement for the subject site. Conclusion The RMS has developed an access strategy and preliminary design for The Northern Road Upgrade Stage 3. The improvements and upgrade to this critical arterial road corridor are supported in principle, subject to the matters contained within this report being addressed by the RMS in the finalisation of the design. Our submission to RMS will seek to reinforce Council’s support of the project and highlight a small number of matters which warrant further consideration. The key issues identified within the body of this report will be included in Council’s submission to the RMS and Council officers will continue to work with the RMS to ensure that the future upgrade delivers appropriate outcomes for all stakeholders. RECOMMENDATION That:

1.

The information contained in the report on Review of Environmental Factors (REF) for The Northern Road Upgrade (Stage 3) between Glenmore Parkway, Glenmore Park and Jamison Road, South Penrith be received.

2.

Council’s Engineering Services Manager be authorised to finalise a submission, based on this report, to the Roads and Maritime Services by 1 December 2016.

ATTACHMENTS/APPENDICES There are no attachments for this report

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OUTCOME 4 - WE HAVE SAFE, VIBRANT PLACES There were no reports under this Delivery Program when the Business Paper was compiled

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OUTCOME 5 - WE CARE ABOUT OUR ENVIRONMENT There were no reports under this Delivery Program when the Business Paper was compiled

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OUTCOME 6 - WE'RE HEALTHY AND SHARE STRONG COMMUNITY SPIRIT Item

Page 12

Youth Week 2017 Program - Funding Recommendations

13

Applications to the Federal Government's Community Development Grants (CDG) Programme

100

Naming of a park in St Clair

104

14

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Youth Week 2017 Program - Funding Recommendations

Compiled by:

Katerina Tahija, Youth Development Officer

Authorised by:

Erich Weller, Community and Cultural Development Manager

Outcome Strategy Service Activity

We are healthy and share strong community spirit Encourage social connections and promote inclusion in our community Coordinate events and engage with a broad range of community partners, including other levels of government, to build community capacity

Executive Summary National Youth Week 2017 will be celebrated between 31 March to 9 April 2017. Youth Week is an opportunity to celebrate the contributions of young people in the community. Youth Week is funded jointly by the NSW Government and local councils. The budget available for Youth Week 2016 in Penrith City is $6,150. The theme for 2017 is “Be Here. Be Heard”. Organisations applying for funds to hold a Youth Week activity are asked to incorporate this theme into their funding application. The 2017 Youth Week funding opportunity is promoted widely across Penrith City, with organisations and community groups invited to apply. Youth Week aims to provide opportunities for participation from a diverse range of young people, and organisations are required to outline how they will promote their proposed activity. This report provides information on three applications received for the 2017 Youth Week funding round. Three applications are recommended for partial funding. The report recommends that Council receive the report and endorse the three recommended projects and funding amounts to the total value of $6,150 as outlined in Table 1 of this report. Background National Youth Week is an opportunity to celebrate young people in the local community. Youth Week activities and events are jointly funded by the NSW Government and local councils. Activities funded are provided in the community with the opportunity to focus on the positive contributions that young people make and can make to society. In 2017 Youth Week will be held between 31 March to 9 April. Program initiatives can be broad whilst still maintaining the theme and objectives as outlined by the NSW Government. Activities generally encourage a large cross section of young people and the community to be involved. Youth Week targets young people aged 12 to 24 years of age and is designed to offer a range of activities that focus on the issues and concerns of young people in the local area. The theme for 2017 is “Be Here. Be Heard.”

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This year, Council will receive $3,075 (excluding GST) from the NSW Government for Youth Week. As a requirement of receiving these funds, Council matches the amount on a dollar for dollar basis. The total budget for 2017 Youth Week activities is $6,150. Council’s Youth Development Officer provides advice, support and assistance to each applicant to develop their submission as well as negotiates final recommended funding amounts. Youth Week Grants Program Council allocates funds each year, through the Youth Week Grants Program, to communitybased groups (including youth and community groups, churches, social/interest groups, training and employment agencies) to assist with organising activities, events and programs in conjunction with young people across the LGA. The Youth Week aims will be achieved through young people’s active involvement in activities which:  Raise issues, ideas and concerns of young people  Develop strategies to address the issues important to young people  Increase the community’s awareness of young people and the issues which are important to them  Promote young people’s contribution to the community  Demonstrate the involvement of young people in the planning of activities  Demonstrate access to activities from a broad range of young people. For Youth Week 2016, organisations are required to demonstrate what strategies they will employ to address any transport and access issues, and how the proposed activity will be advertised and promoted to a diverse range of young people. The NSW Government guidelines encourage involvement of a broad and diverse range of young people including:         

Young Aboriginal and Torres Strait Islander people Young people with disability Young people that are geographically isolated Young people from non-English speaking backgrounds Young people disadvantaged by their socio-economic background Young people who have left school early or are at risk of leaving school early Young women Young offenders Young gay, lesbian, bisexual and transgendered people.

Organisations are also asked to demonstrate how young people will be involved in planning and implementing the activities. Successful applicants are required to acknowledge Penrith City Council and the NSW Government as funding contributors on any promotional material. Successful applicants are required to submit an evaluation report to Council following their event or activity. The opportunity to apply for Youth Week funds in 2017 was widely advertised, including through Penrith Youth Interagency, social media and extensive email networks.

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Funding Applications for 2017 Council has received funding applications from three organisations, with the requested amount totalling $6285 excluding GST. The three applications have been recommended for funding with slightly reduced allocations recognising the budget for Youth Week 2017 is $6,150. Table 1 below lists the recommended applications and funding amounts. Council’s Youth Development Officer will negotiate final dates and times of the events and activities once this report and its recommendations are endorsed. The final recommended funding amounts have been discussed with each applicant. Council’s Youth Development Officer will also provide assistance with planning, organising, promoting and supporting each event once final funding amounts are endorsed. Table 1 - Youth Week 2017 Recommended Activities and Funding Amounts Applicant Organisation

Activity Description

Funding Requested

Funding Recommended

1. Platform Youth Services

The Valley Youth Festival

$3,800

$3,755

2. Community Junction

Skate Clair

$1,485

$1,440

3. Nepean Community and Neighbourhood Services

Young Parents Family Fun Day

$1,000

$955

Total Requested $6,285 Excluding GST

Total Recommended $6,150 Excluding GST

Applications Recommended for Funding 1. The Valley Youth Festival – Platform Youth Services This event will be a one off event that will be held in the Central Penrith area. It will be open to young people aged 12 -24 years old. The event will have a focus theme which concentrates on the concept of home and what this means to young people. It will consider a sense of belonging, family, community, home and cultural identity. This event will also raise awareness of Youth Homelessness Matters Day. To address issues of home a range of activities will be run by partner services. Young people and interested parties will deliver creative performances and there will be a selection of service/organisational information and resources available to young people The event will be organised by local youth services, local young people, community based organisations and any interested partners who wish to participate in a local Youth Week event in the Penrith LGA. The event will capture the diversity of all communities in the Penrith LGA, highlighting the culture, interests and strengths of the local area, and young people who reside and participate in these communities.

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Services that will be supporting this event include:       

Break Thru People Solutions Community Junction FUSION Youth Services Nepean Community & Neighbourhood Services Headspace Family Planning Barnardos

Proposed date, time and location of the activity- 7 April 2017 between 4.00pm-7.30pm. Central location to be determined. Funding amount requested: $3,800 Recommendation: $3,755 2. Skate Clair - Community Junction This activity will aim to provide a range of engaging activities to connect with young people living in the eastern areas of Penrith City. Young people will have the opportunity to participate in a skateboard, scooter, bike and street skating competition, where young people are the judges. The Skate Comp will include live music performances by local young people, free stalls held by Youth Service providers, and interactive activities. The planning, organising and implementation of the activity will be youth led, with young people taking the lead in key roles. Services that will be supporting this event include:     

Break Thru People Solutions Headspace (Penrith) Platform Youth Services Hogs Breath St Mary’s Additional Penrith Youth Interagency member services

Proposed date, time and location of the activity - Wednesday 12 April 2017: 1pm - 4pm held at St Clair Skate Park. This activity will be held a few days after Youth Week to coincide with school holidays and accommodates other activities during Youth Week. Funding amount requested: $1,485 Recommendation: $ 1,440 3. Young Parents Family Fun Day - Nepean Community and Neighbourhood Services This activity will celebrate the amazing resilience young parents have. Many young parents experience being judged as well as discrimination. Homelessness, domestic violence and lack of access to employment opportunities are also experienced by young parents. Consultation has been held with young parents who attend local parenting groups and a day of fun with their children has been identified as a priority. For many young parents this is out of reach due to financial hardship and lack of transport.

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There would be numerous activities including a Play Centre filled with balls and a slide, face painting, sensory activities, free BBQ and local service providers’ stalls. The event is expected to take place on 5 April. Family Planning will have experts on the day to provide reproductive and sexual health information and education, along with fun and engaging activities for all families to enjoy. Services that will be supporting this event include:  Family Planning Proposed date, time and location of the activity - 5 April 2017 10.30am – 2.30pm Koolyangarra Aboriginal Child and Family Centre Cranebrook Funding amount requested: $1,000 Recommendation: $955 Youth Week Program – Promotion and Consultation One of the key strategies to a successful Youth Week program is promotion and advertising. A detailed program of events for 2017 will be developed and promoted once all arrangements for events and activities are finalised. Promotional material will be distributed throughout youth, neighbourhood and community centres, local high schools, shopping centres, local media and social media. The program will also be posted on Council’s website and social media, and on the NSW Youth Week website. The Youth Week program will incorporate a range of activities including those outlined above as well as activities organised by other services and youth organisations not requiring funds from this funding round. Council will also hold a Youth Week presentation for the successful applicants. Consultations will be held with young people at each of the events. This survey will be developed with young people utilising the Youth Week theme “Be Here. Be Heard.” The survey may also incorporate specific issues as identified by other services within Council. Summary National Youth Week 2017 is an opportunity to celebrate the contributions of a diverse range of young people in our community. The theme for 2017 is for Youth Week 2016 “Be Here. Be Heard.” Council received $3,075 from the NSW Government to fund activities. Council is required to match this contribution. The funding round is promoted to a broad range of services, organisations and groups. A total of $6,150 is available for distribution to eligible community organisations. The report recommends partially funding the three applications received. The recommended funding allocations have been discussed and agreed with each of the applicants. Council’s Youth Development Officer will develop a calendar of events and other material to assist in promoting Youth Week events. Council will also hold a cheque presentation for successful applicants. Council’s Youth Development Officer will provide assistance with planning, organising, promoting and supporting each event once final funding amounts are endorsed.

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Successful applicants are required to acknowledge Penrith City Council and the NSW Government as funding contributors and submit a final evaluation report on their event to Council in May 2017. RECOMMENDATION That:

1.

The information contained in the report on Youth Week 2017 Program Funding Recommendations be received.

2.

Council endorse the three recommended projects and funding amounts to the total value of $6,150 as outlined in Table 1 of this report.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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Applications to the Federal Government's Development Grants (CDG) Programme

Community

Compiled by:

Andrew Robinson, Facilities Manager Michael Jackson, Design and Projects Manager Neil Farquharson, Financial Services Manager

Authorised by:

Brian Steffen, Executive Manager - City Assets

Outcome Strategy Service Activity

We are healthy and share strong community spirit Provide opportunities for our community to be healthy and active Advocate for sport and recreation venues and services for the City

Executive Summary On 16 September 2016 Council received correspondence from Senator the Hon Fiona Nash and Senator the Hon Marise Payne confirming the Coalition Government’s 2016 election funding commitments for recreation and arts facility infrastructure in Penrith, totalling $7.45m. The letter confirmed that this will be delivered through the Australian Government’s Community Development Grants (CDG) programme which funds community infrastructure projects across Australia.

The CDG Programme is not a competitive grants programme with projects selected by the Australian Government invited to submit a Project Proposal. The following projects have been selected in Penrith for the formal submission of Project Proposals: Tench Reserve - boat ramp and public access upgrades Greygums Oval - amenity, store and clubroom facility construction Jamison Park - new netball courts, floodlights and car parking Lewers Gallery - installation of new air conditioning Weir Reserve – provision of extension to boating pontoon Potter Fields – floodlight upgrades Ched Towns Reserve – floodlight and canteen upgrades Myrtle Road Reserve – field reconstruction Patterson Oval – field reconstruction and new irrigation

$5 million $750,000 $600,000 $380,000 $270,000 $130,000 $120,000 $100,000 $100,000

In accordance with Council’s Policy FS001 – Grant Applications by Council Staff - the report recommends that Council Officers submit Project Proposals for the listed projects for the amounts identified. The report also recommends that, should the applications be successful, Council Officers execute the relevant Deeds of Agreements for the funding and, that Council write to Senator the Hon Fiona Nash and Senator the Hon Marise Payne expressing appreciation for their support. Background In December 2013, the Australian Government announced the launch of the CDG Program. At the time it was outlined that the CDG programme would be the mechanism to fund projects including the Government’s election commitments and Government selected

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uncontracted projects from the Regional Development Australia Fund and Community Infrastructure Grant Program. The CDG Program was established with the intention that it would support needed infrastructure that promotes stable, secure and viable local and regional economies and, identified that grant funding would be considered for the construction and upgrade of local community and sports facilities. The CDG Programme is administered by the Department of Infrastructure and Regional Development. In 2014, Council were successful in receiving grants from this program for facility improvements to Hickeys Lane, Jamison Park, Andromeda Reserve, Hunter Fields, Greygums Oval, and Andrews Road Baseball. All facility improvements have subsequently been implemented. Current Situation In the lead up to the 2016 Federal Election, the Federal Government announced election commitments for Penrith including $5 million for Tench Reserve for the construction of a new 3 lane boat ramp and public access improvements to the river waterfront, as well as a $2.45m Recreation and Arts funding package. The following projects, were included in the Recreation and Arts funding package: $750,000 towards the construction of a new building at Greygums Oval, Cranebrook including storage rooms, first aid and umpires room, clubroom and toilets. $600,000 towards construction of 4 new netball courts, new floodlights, and additional car parking at Jamison Park, South Penrith. $380,000 towards installing new air-conditioning into Lewers Gallery, Emu Plains. $270,000 towards a new rowing pontoon at Weir Reserve, Penrith. $130,000 towards the provision of new upgraded floodlights at Potter Fields, Colyton. $120,000 towards upgrading floodlights from 50 lux to 100 lux and upgrading a canteen at Ched Towns Reserve, Glenmore Park. $100,000 towards using recycled organic material to improve the playing surfaces at Myrtle Road Playing Fields, Claremont Meadows. $100,000 towards using recycled organic material to improve the playing surfaces, as well as provide new irrigation at, Patterson Oval, Cambridge Park. On 16 September 2016, correspondence from Senator the Hon Fiona Nash and Senator the Hon Marise Payne confirmed the Coalition Government’s election funding commitments to the Recreation and Arts funding package and, to funding Tench Reserve upgrades. It was outlined that the funding for the projects will be delivered under the CDG programme which is in keeping with the intention and the mechanisms of the CDG Program when established in 2013. The next stage in this process is now for Council officers to formalise and submit the relevant Project Proposals, to the Australian Government, for the selected projects. Based

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on the information provided, the Department will undertake a value with relevant money assessment of the project proposal. The assessment may include project viability and sustainability as well as proponent viability. Once an assessment of the project has been completed, advice will be provided to the Minister for Regional Development for decision. If the project is approved, Council will be required to enter into an Agreement with the Australian Government prior to any payments being made. Financial Services Manager’s Comment From the estimates of probable cost that have been established for each of the projects it is anticipated that the scope of works can be accommodated within both the proposed grant amount indicated and existing Council resources. In terms of Council resources, the total estimated project cost at Greygums Oval is $875,000 with Council contributing $125,000, as allocated in the Local Open Space Action Plan. At this stage, other than the Council Section 94 Contribution towards Greygums Oval, there is no funding requirement from the Council. Should it be determined that costs are likely to exceed resources available, negotiation regarding the final scope of works will be required with the Federal Government and a further report will be presented to the Council. The CDG Program provides the Council with an opportunity to obtain significant Federal Government grant funds to support high priority community infrastructure needs and reduces the financial burden on the community to contribute towards these projects. The Program also advances the delivery of a number of Council infrastructure renewal and improvement programs, supports Council precinct masterplans and achieves positive social and economic outcomes for the City. Should the CDG infrastructure project proposals be approved, it should also be recognised that there will be financial implications on the Council’s budget resulting from the provision of a number of new and upgraded assets. The Council will be required to allocate resources to manage, maintain and renew these infrastructure assets into the future and make appropriate provisions on a recurring basis in its annual budget process. Conclusion The CDG Program offers Council the opportunity to improve a number of facilities which will benefit a wide range of community groups, as well as visitors to the area. The selected projects provide for facility upgrades that will assist in promoting tourism and visitation to the area, in particular; providing opportunities to host more major netball championships, increasing the capacity of the river to host national, state and community rowing activities, and increasing the capacity at Lewers Gallery to host a greater range of artwork that can be shown to the region. In addition to driving visitation to the area, the remaining projects identified will serve to increase the capacity of existing sporting infrastructure, creating venues that can support increased participation in safe environments, at facilities which meet contemporary standards. Investment in these facilities will also create the opportunity for improving the health of the community, promoting positive social interaction, and supporting the local economy through the engagement of contractors and use of local services.

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Should Council endorse the submission of the project proposals, Council Officers will seek to realise project implementation as soon as is practicable with project updates to be provided to Councillors at the appropriate time.

RECOMMENDATION That:

1.

The information contained in the report on Applications to the Federal Government's Community Development Grants (CDG) Programme be received

2.

Council endorse the submission of Project Proposals to the Community Development Grant Program for facility improvements and amounts identified, at the following facilities: Tench Reserve

$5 million

Greygums Oval

$750,000

Jamison Park

$600,000

Lewers Gallery

$380,000

Weir Reserve

$270,000

Potter Fields

$130,000

Ched Towns Reserve

$120,000

Myrtle Road Reserve

$100,000

Patterson Oval

$100,000

3.

Council Officers execute the Deeds of Agreement for successful Project Proposals applications.

4.

Council write to Senator the Hon Fiona Nash and Senator the Hon Marise Payne expressing appreciation for their support.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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Naming of a park in St Clair

Compiled by:

John Gordon, City Presentation Manager

Authorised by:

Brian Steffen, Executive Manager - City Assets

Requested by:

Councillor Greg Davies

Outcome Strategy Service Activity

We are healthy and share strong community spirit Provide opportunities for our community to be healthy and active Manage and maintain the City's sports grounds, parks and open space

Executive Summary The purpose of this report is to seek Council’s endorsement for the naming of the reserve bounded by Feather Street and McIntyre Avenue, St Clair, as ‘Dr Elizabeth Torrance Park’. The report recommends that the information be received and that an application be made to the Geographical Names Board (GNB) for official gazetting. Background Council has received numerous recent requests to name a park in the St Clair area in recognition of the impact that the late Dr Elizabeth Torrance had on the St Clair community as a General Practitioner over a 32 year period. The proposed location is on the corner of Feather Street and McIntyre Avenue, St Clair. The park is owned by Council and is currently unnamed. Council’s Naming of Parks & Reserves Policy (adopted by Council at the Ordinary Meeting of 6 August 2012), is in line with the Geographical Names Board (GNB) guidelines that require that naming proposals meet the following criteria:  The use of a person’s name for park names should normally only be given posthumously;  Names of Aboriginal origin or with an historical background are preferred;  Council agrees to the proposed name;  If considered appropriate, the names of eminent persons may be perpetuated, particularly those of early explorers, settlers, naturalists. Once an application for naming is submitted to the GNB, the remaining process involves a number of steps, including the public exhibition of the proposed naming. The entire process generally takes eight to ten months. Proposed Name Dr Elizabeth Torrance graduated from the University of New South Wales in 1980 with a degree of MBBS (Bachelor of Medicine, Bachelor of Surgery). Following her internship between 1981 and 1982, Elizabeth became a resident at Sydney Hospital. Determined to learn more skills Elizabeth spent a year at the Royal Hospital for Women, Paddington, doing Obstetrics and Gynaecology and undergoing training for her Diploma at the Royal Australian and New Zealand College of Obstetrics and Gynaecology, which she was awarded on 6 November 1983.

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Continuing on her quest to learn more, mainly about Paediatrics, Elizabeth ventured out west to the Nepean Hospital, where she was a resident Medical Officer. During her time at Nepean Hospital between 1983 and 1984, Elizabeth went to Broken Hill and worked as a flying doctor for 3 months. While at Nepean Hospital Elizabeth moved to St. Clair and purchased her home. In early 1984, Elizabeth was a Senior Resident at Nepean Hospital and she began negotiations for the purchase of a new home which she wanted to turn into her surgery. After all the usual council formalities’ were met, on Monday 13 August 1984, Elizabeth opened the door of her surgery at 80 Cook Parade, St Clair. Elizabeth saw a total of four patients that day. At same the time Elizabeth was still working as the Night Medical Supervisor at Nepean Hospital in the Emergency and Intensive Care Unit because she needed the income to meet her financial and mortgage obligations. A week later fifteen patients past through her consulting room and gradually the numbers grew and grew meaning Elizabeth was able to leave the Nepean Hospital, because she could now meet her financial obligations without the need of secondary employment. Elizabeth always bulked billed and did not have appointments. She was known to many of her patients as ‘Dr T’ or ‘Dr Liz’. Elizabeth would see patients at all times of the day from early morning, before the patient went to work or later in the evening after they had finished work or driven a considerable distance e.g. Canberra to see her. Naturally because of a growing population in St Clair, Elizabeth eventually had to “close her books” to ‘new’ patients’. However, as families grew and children became parents all offspring and any visiting family member of a patient who needed a doctor could call upon Elizabeth for medical assistance, it was a family practice, governed by ‘old fashioned caring’. Following the passing of Dr Torrance there was an outpouring of emotion from many in the community, with Elizabeth having treated “generations of my family”; she was the only doctor a majority of her patients had ever known in their life. Approximately 800 – 1000 members of the community attended her funeral, with many expressing their feelings in writing and via online tributes. Conclusion Given the significant contribution that Dr Elizabeth Torrance made to the health and wellbeing of the St Clair community over a 32 year period it is considered appropriate that a park located in proximity to her surgery in Cook Parade, St Clair be named in her honour. Council officers have been in contact with the family of Dr Torrance in relation to the proposed location and naming proposal. They are fully supportive of the proposal and her brother, Ian Torrance has provided the information contained in this report in relation to the career of Dr Torrance. RECOMMENDATION That:

1.

The information contained in the report on Naming of a park in St Clair be received.

2.

Council endorse the naming of the park on the corner of Feather Street and McIntyre as ‘Dr Elizabeth Torrance Park’ and make application to the Geographical Names Board for the official gazetting.

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Following gazettal, an official naming ceremony be held at the reserve.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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OUTCOME 7 - WE HAVE CONFIDENCE IN OUR COUNCIL Item

Page 15

Organisational Performance Report - September 2016

110

16

Proposed Council Meeting Calendar for 2017

116

17

Code of Conduct - Report on Complaints Statistics

120

18

Councillor Working Parties

122

19

Annual Report 2015-16

124

20

Tender Reference RFT 16/17-01 Provision of an E-Recruitment, On Boarding and Learning Management System

126

Summary of Investments & Banking for the period 1 October to 31 October 2016

133

21

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28 November 2016

Organisational Performance Report - September 2016

Compiled by:

Neil Farquharson, Financial Services Manager Geraldine Brown, Budget Accountant Samantha Sutherland, Corporate Planning Officer

Authorised by:

Andrew Moore, Chief Financial Officer

Outcome Strategy Service Activity

We have confidence in our Council Ensure our finances and assets are sustainable and services are delivered efficiently Manage Council's financial sustainability and meet statutory requirements

Executive Summary This report outlines Council’s progress towards implementing its four-year Delivery Program for the period of 1 July to 30 September 2016. The report should be read in conjunction with the Organisational Performance Report – September 2016, which records our progress in implementing the organisation’s operating and capital projects. At 30 September 2016, 97% of Council’s 227 projects were ‘on target’ or ‘completed’. Council adopted a balanced budget for 2016-17. The September Quarter has resulted in a small surplus for the quarter and the full year of $60,475. This report recommends that the Organisational Performance Report – September 2016 is received, and that the revised budget estimates identified in the report and detailed in the Organisational Performance Report – September 2016 be adopted. Organisational Performance Summary The Organisational Performance Report provides information on Council’s progress, achievements and challenges for the three-month period between 1 July 2016 to 30 September 2016. At 30 September 2016, 97% the 227 Capital and Operating projects were ‘on target’ or ‘completed’. Table 1 provides a performance summary, which overall demonstrates that Council is successfully delivering its services and programs. Completed Capital Projects Operating Projects Totals

No 19 13 32

% 16 12 14

On Target No 91 97 188

% 78 87 83

Attention Required No % 6 5 1 1 7 3

Total 116 111 227

Table 1

As shown in the table above, 6 capital projects and 1 operating projects have been identified as ‘requiring attention’. Detailed comments, including proposed remedial actions, are outlined in the Exception Report which forms part of the Organisational Performance Report – September 2016.

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Organisational Highlights Council’s programs and services delivered a number of significant achievements during the past six months. These include:            

The new look Mondo officially opened on 25 August Music in the Mondo was held on 22 September Construction started on the Nepean Green Bridge New accessible facilities at Penrith Cemetery, Kingswood Carved wooden seat at Tench Reserve Western Sydney Aboriginal Men’s Group Partnership with Telstra saw free public Wi-Fi at several key community locations Tench Reserve Shared Path stage 1 completed Approximately 40 tonnes of electronic waste collected at the electronic waste drop off event on Saturday 10 September Council officially launched its participation in the NSW Food Authority’s Scores on Doors Program. Annual NAIDOC celebration was held at Jamison Park on 8 July 7,148 new items added to the library collection Launch of the new Spydus Library Management System

Financial Position Summary Council delivered a balanced budget in the adoption of the 2016-17 Operational Plan, which included a number of allocations to Reserves. The September quarter has presented a number of both favourable and unfavourable variations to the predicted annual budget as is often the case with this Review, as many of the estimates and assumptions included in the budget development are finalised. The combined result of these changes is a small projected surplus of $60,475 for 2016-17 after the proposed allocations included in this Review, including an allocation to the Major Projects Reserve. This allocation represents the continued implementation of the adopted strategies of the Financial Capacity Review that has underpinned our Long Term Financial Plan and “FIT” status and is considered an essential step in positioning Council to address any current and emerging priorities as part of future Quarterly Reviews. The most notable favourable variations in this Review include additional development application ($170,000) and rates ($847,347) income, savings in debt servicing costs ($54,556), and the review of the provision for Library Resources Written off ($100,000). These favourable variations have in part been offset by additional funding provided to the River Festival ($42,679), a reduction in the predicted allocation from the Rural Fire Fighting Fund ($74,055) and the 2016-17 Financial Assistance Grant ($39,925). As reported to Council at the Ordinary Meeting of 24 October, advice was also received confirming Council’s 2015-16 Financial Assistance Grant (FAG). The grant received for 2016-17 is $10.42m, and is $46,154 below the estimate included in the 2016-17 budget. The previous Council report proposed that these changes be incorporated into the September Quarterly Review and this includes decreasing the general component by $39,925 against general revenue, and reducing the roads budget by $6,229 to match the actual FAG roads component received as has been Council practice in the past. Net organisational salary savings of $242,769 have also been identified in this quarter. In keeping with Council’s adopted practice these salary savings will be retained within the employee cost budget at this stage and not be reallocated. Council’s LTFP has foreshadowed that increases to the annual Employee Leave Entitlement (ELE) provision will be required and a strategy to increase this provision has been implemented. Council is committed to ensuring that sufficient provision is made for ELE and therefore it is proposed

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that any remaining salary savings, once provision for current year payments are made, will be transferred to the ELE Reserve as part of the June 2017 Review. Each year the September Quarterly Review provides an opportunity to review the assumptions, forecasts and estimates included in the Original Budget. Council’s Long Term Financial Plan (LTFP) was reviewed as part of our “Fit for the Future” application and identified the need to establish a Major Projects Reserve to support investment in major Regional City Infrastructure as our City grows. The Reserve was established in 2015-16 and the favourable result in this quarterly review provides capacity to allocate a further $1,000,000 to this Reserve bringing the current balance to $3.5m ahead of any projects being confirmed. The financial strategies developed over the past two years rely not just on the 2016-17 SRV, but also on reform within the organisation’s processes, systems, procedures, culture and structure. Reform in these areas has already commenced and will continue over the next 23 years. The organisation aims to match the funds from the 2016-17 SRV with savings from better ways of doing things, harnessing technology improvements, implementing new systems and reviewing service delivery. These savings will provide the capacity to continue to service our growing City, ensuring the 2016-17 SRV funds are directed towards the City shaping and future-proofing priorities. In conjunction with the September 2016 Quarterly Review process, certain productivity initiatives have been identified, investigated, confirmed and included in proposed budget adjustments for the quarter resulting in saving of $2,212,157. In addition to these adjustments a total of $4.9m of capital and operating projects revotes is proposed as a result of the September quarter review as the works are not expected to be completed in the current financial year. Further details of significant proposed major variations are provided later in this report with all variations and revotes detailed in the Organisational Performance Report – September 2016. This report recommends that the revised budget estimates, including revotes, identified in the report, and detailed in the Organisational Performance Report – September 2016 be adopted. Financial Position for the September quarter The financial position of Council for the quarter is expressed by providing information in compliance with Quarterly Budget Review Statement (QBRS) requirements on:

            

Budget position (whether balanced/surplus/deficit) Significant variations Identified revotes Funding summary Reserve movements for the quarter Capital and Operating budget projects list for the quarter Key performance indicators Income and expenses Income and expenses by program Capital budget Cash and investments Contracts and other expenses Consultancy and legal expenses.

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Budget Position Original Budget Position

$000s 0

September Quarter Variations

7.3

September Review Variations

53.2

Revised Surplus/(Deficit)

60.5

The predicted cumulative result for the year as at September 2016 is a surplus of $60,475 after the recommended variations for the quarter. Commentary is provided below on some of the more significant issues in the review (F= Favourable, U= Unfavourable, A= Allocation). Further details together with all proposed variations, variations with no impact on available funds, revotes, and reserve movements are detailed in the Organisational Performance Report – September 2016. Net Employee Costs During the first quarter of 2016-17 salary savings have been realised primarily due to vacancies across a number of departments. The majority of these vacant positions are in the process of being filled. It is recommended that some of the identified salary savings are retained in the individual departments to enable the engagement of consultants or temporary staff to ensure the delivery of key Operational Plan tasks and projects. The salary savings net of those being retained by departments is a total of $242,769. It is proposed as part of the September Quarterly Review that the salary savings of $242,769 identified are retained within the employee costs area to assist with year-end employee cost balancing and to supplement the budget for resignations and retirements. Any remaining savings at year end will then be transferred to the ELE Reserve. Rates - $847,347 F (0.6%) Additional rates income is due to greater subdivision activity occurring ahead of predicted timing in the long-term model between January and July 2016 resulting in additional income generated in the current year. This activity has most notably been in the Jordan Springs release area with three significant subdivisions. This income was predicted to be received in future years of Council’s LTFP and as such does not substantially increase Council’s financial capacity in future years. Development Services Income - $170,000 F (12%) The Development Application income budget is ahead of forecast for the current quarter, for a number of reasons relating to the scale of development pursued and the value of that development. There continues to be significant increase in the number of multi-unit housing and residential flat building development applications pursued. In addition, the current release areas are also experiencing continued growth in both subdivision yield and increased dwelling density. There has been increasing growth in semi-detached and dual occupancy developments within Glenmore Park, Caddens, Jordan Springs and Central Precinct (ADI Site). This sustained growth and the housing density activity is greater than originally anticipated. Provision for Library Resources Written off - $100,000F (100%) Commencing in 2014-15 financial year, and as suggested by Council’s internal and external auditors, this cost to recognise superseded, damaged, aged, and obsolete library resources is to be recorded on an annual basis. However, as this is a non-cash adjustment the funds set aside in the Original 2016-17 Budget can be returned to surplus.

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Debt Servicing - $54,556 F (0.6%) Net debt service savings of $54,556 have been realised following the June 2016 borrowings being negotiated at rates well below original estimates. For the first time, Council was able to take advantage of the excellent rates on offer from NSW Treasury Corporation, whose loan facility has been made accessible to councils classified as ‘Fit for the Future’. These savings are shared between S94 reserves and general revenue. NSW Rural Fire Fighting Fund Allocation for 2016-17 - $74,055 U (25%) As per the approved 2016-17 Rural Fire Fighting Fund report, key allocations for firefighting appliances, infrastructure support, and maintenance and repairs have been advised to Council. The NSW Rural Fire Fighting Service have moved towards a percentage based allocation of the Fund to reflect more fairly the expected expenditure in the District over time. In reviewing the arrangement with the NSW Rural Fire Service, increased demand for Council’s operational maintenance of the RFS fleet has necessitated an increase to plant maintenance budget above the expected Maintenance and Repairs grant from the Fund. River Festival - $42,679 U (18%) Penrith Council created a new iconic event for the Penrith region which was held in November 2016. Titled “Real Festival” - the event was a celebration of Penrith’s unique lifestyle through connection to the region’s main natural asset - the Nepean River. The Festival provided an engaging platform for locals and visitors alike to experience the region while indulging in mindful living through crafted activities, entertainment and experiences. Over time the goal is to establish the Festival as an iconic event for Penrith and an event that Penrith will become renowned for to grow the visitor economy. To accommodate this new event in 2016, budgetary funds were allocated from within existing budgets. A proportion of the existing Australia Day budget (i.e. $100,000) has been re-allocated to the new Real festival with a further $60,000 from the Events Operational Project budget, $30,000 from Waste Education and $2,364 from external sponsorships. To deliver a quality festival event in its first year it was identified that additional funding of $42,679 was required. This funding was to finesse existing elements of the festival and to incorporate value added elements such as a fireworks finale, additional performers, enhanced signage, additional tree lighting, event bunting and event advertising. The cost of these enhancements is proposed to be provided from General Revenue as indicated in this September Quarterly Review report. A report on the full cost of the event and a recommendation for further budget adjustments is reported separately in this 28 November 2016 Ordinary Council Meeting – Real Festival.

Financial Assistance Grant - $39,925 U (0.5%) As reported to Council at the Ordinary Meeting on 24 October advice has now been received confirming Council’s 2016-17 Financial Assistance Grant (FAG). The Financial Assistance Grant consists of two components, a general component ($8.2m) and a roads component ($2.3m). This year’s grant is $39,925 below the estimate for the general component, and $6,229 below the estimate for the roads component compared to what was included in the 2016-17 budget. It is proposed that these changes will be incorporated into the September Quarterly Review and that this will include adjusting the roads budget to match the actual FAG roads component received, as has been Council’s practice in the past.

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Transfer to Major Projects Reserve – $1,000,000 A Council’s Long Term Financial Plan (LTFP) identified the need to establish a Major Projects Reserve to support investment in major Regional City Infrastructure as our City grows. This Reserve will provide capacity for Council to deliver or contribute towards the delivery of the infrastructure our City needs into the future and could include multi- deck carparks, community facilities, open space improvements, and sporting facilities. This Reserve was established in 2015-16 with initial funding of $2,500,000 with this proposed allocation taking the balance to $3,500,000. Other variations with no impact on Available Funds and Proposed Revotes A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of these adjustments are provided in the Organisational Performance report – September 2016 In addition to these adjustments a total of $4,869,835 of planned capital and operating projects are proposed for revote this quarter and a full listing can be found in the attachment. The total value of revotes for the year to date (including the proposed September Quarter revotes) is $4,869,835, compared to no revotes for the same period in 2015-16. Conclusion The Organisational Performance Report –September 2016 indicates that the performance of Council’s capital and operating projects are on track to meet Council’s challenging annual program. Strong financial management combined with the fine tuning and confirmation of budget assumptions have contributed to a surplus being projected to June 2017. The Organisational Performance Report – September 2016 will be placed on Council’s website, and will be available in hard copy on request.

RECOMMENDATION That:

1.

The information contained in the report on Organisational Performance Report - September 2016 be received.

2.

The Organisational Performance Report - September 2016 as at 30 September 2016, including the revised estimates outlined in this report, and detailed in the Organisational Performance Report be adopted.

ATTACHMENTS/APPENDICES 1. September 2016 Organisational Performance Report 46 Pages Attachments Included ⇩

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Proposed Council Meeting Calendar for 2017

Compiled by:

Adam Beggs, Governance Coordinator

Authorised by:

Glenn McCarthy, Governance Manager

Outcome Strategy Service Activity

We have confidence in our Council Demonstrate transparency and ethical behaviour Manage Council's reporting system and meeting processes

Executive Summary The purpose of this report is to propose a Meeting Calendar for 2017. The report recommends that the draft Meeting Calendar be adopted. If adopted, Council will have 14 Ordinary Council Meetings, 10 Policy Review Committee (PRC) Meetings and a number of other meetings, including Councillor Briefings, Working Parties and Committees. In preparing the draft Meeting Calendar, staff have taken into consideration a number of statutory deadlines where certain reports have to be presented to Council, in addition to public holidays and other known commitments, including significant conferences. Background Section 365 of the Local Government Act 1993 states that the Council is required to meet at least 10 times each year, each time in a different month. Since 2013, the adopted Calendar has held an approach of, where possible, holding 1 PRC and 1 Ordinary meeting a month, primarily held on the second and fourth Monday of every month with other meetings held on the remaining Mondays as required. Current Position This year Council will have met for 13 Ordinary meetings, 11 PRC meetings and 20 Councillor Briefings, which represents a total of 44 meetings for the year. For the most part it appears that the basis of this years’ meeting calendar has been successful, with only a small number of changes required to the meeting calendar throughout the year, namely additional Councillor Briefings, often held on the same evening as Policy Review Committee meetings. Council staff will continue to strive to provide information to Councillors in 2017 while managing the number of meetings held. In terms of the length of meetings, there was no significant increase or decrease across the meetings from the previous year. It is proposed in 2017 that the Meeting Calendar will continue to be based around holding 1 PRC and 1 Ordinary meeting a month (except in April). Where possible these meetings will occur on the second and fourth Monday of every month. It is considered that this approach will continue to provide a level of consistency for Councillors and the community alike. It is proposed that other Mondays will be utilised for Councillor Briefings, working parties and committees as required. There will be circumstances throughout the year where this approach may be varied, namely due to public holidays or significant conference dates. The Ordinary Council meetings are proposed to continue to commence at 7.30pm and the PRC Meetings at 7.00pm.

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For 2017 it is proposed to have a total of 41 meetings, which results in 3 less meetings than will be held this year. The difference in the number of meetings can be attributed to a number of additional Councillor Briefing meetings held this year. Draft 2017 Meeting Calendar A draft Meeting Calendar has been prepared for 2017 and is based on the following assumptions: 

Commencing with a Councillor Briefing on 30 January 2017



the first Ordinary Meeting being held on 6 February 2017, and a second Ordinary Meeting being held on 27 February



where possible Policy Review Committee meetings being held on the 2nd Monday of each month and Ordinary meetings on the 4th Monday of each month

 at least one Ordinary Council Meeting each month (except for January)  the Deputy Mayoral Election being held on the fourth Monday in September (25 September 2017, commencing at 7pm  an Ordinary Meeting being held on 4 September to deal with any end of term items prior to the Deputy Mayoral Election on 25 September  meetings alternating so that there are not successive meetings of the same type from week to week where possible  the meeting cycle concluding with an Ordinary Council Meeting on the third Monday in December – i.e. 18 December 2017 (commencing at 7pm). The draft calendar has been discussed with the relevant Managers and all statutory and operating obligations are able to be met, including adherence to key dates for consideration of the various corporate planning documents. In compiling the Calendar, consideration has been given to: 1. Public Holidays  Thursday 26 January 2017 – Australia Day  Monday 17 April 2017 – Easter Monday  Tuesday 25 April 2017 – Anzac Day  Monday 12 June 2017 – Queen’s Birthday  Monday 2 October 2017 – Labour Day 2. Other known likely commitments such as:  Local Government NSW (LG NSW) Annual Conference, Sydney (3-5 December 2017)  ALGWA National Conference, Tasmania (11-13 April 2017)  National General Assembly, Canberra (18-21 June 2017)  Floodplain Management Conference, Nowra (16-19 May 2017)

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Matters for Consideration This year in April a number of challenges occur with Easter Monday falling on 17 April 2017 and Anzac Day on Tuesday 25 April 2017. As such it is not proposed to hold a meeting on either Monday 17 April 2017 or the night before Anzac Day on 25 April. With the availability of only two Monday’s in this month, it is proposed that 10 April 2017 be utilised to hold the required Ordinary Meeting that month and that 3 April 2017 be utilised for a Councillor Briefing. This will mean that no Policy Review Committee meeting will be held in April. In addition to the above, because of the inability to hold an Ordinary Meeting in late April, it is proposed to make use of the 5 Mondays in May and hold an Ordinary Meeting on 1 May 2017. The Finance Department have advised that they require this meeting to allow sufficient to time present, consult and prepare the new 4-year Delivery Program prior to 30 June 2017. The 3 April 2017 meeting is also required for a Councillor Briefing to take Council through the 2017-2021 Delivery Program. While the absence of a Policy Review Committee meeting is not ideal, it is believed the proposed schedule best manages the circumstances. With the Local Government Conference being held during the first week of December next year, it is proposed to hold no Council meeting during that week and no councillor briefing during that month, as such the meeting cycle will end with an Ordinary Meeting on 18 December 2017, commencing at 7pm. Conclusion The draft Meeting Calendar for 2017 (as appended) has been prepared in accordance with the Local Government Act 1993 and Council policy. It incorporates at least one Ordinary Council Meeting for the months of February through to December. It is proposed that 14 Ordinary Council meetings and 10 Policy Review Committee meetings will be held in 2017. RECOMMENDATION That:

1.

The information contained in the report on Proposed Council Meeting Calendar for 2017 be received.

2.

The draft Meeting Calendar for 2017 be adopted.

ATTACHMENTS/APPENDICES 1. ⇩ Proposed 2017 Meeting Calendar 1 Page Appendix

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Code of Conduct - Report on Complaints Statistics

Compiled by:

Glenn McCarthy, Governance Manager

Authorised by:

Stephen Britten, Chief Governance Officer

Outcome Strategy Service Activity

We have confidence in our Council Demonstrate transparency and ethical behaviour Ensure that the organisation promotes ethical behaviour, risk management, transparent decision making and meets contemporary governance standards

Executive Summary Under the Model Code of Conduct Procedures, Council’s Complaints Coordinator must, within three months of the end of September each year, report on a range of complaints statistics to Council and the Office of Local Government (OLG). This report will provide Council with complaints statistics as required under section 12.1 of the Model Code of Conduct Procedures before being forwarded to the OLG. This year’s report on Code of Conduct complaint statistics concerning Councillors and the General Manager is a ‘nil’ return. Background At its Policy Review Committee meeting held on 11 February 2013, Council adopted the new Model Code of Conduct, which incorporated the requirement to provide the OLG with statistics on the code of conduct complaints received during the 12 month reporting period. Current Situation Under Section 12.1 of the Model Code of Conduct Procedures, Council’s Complaints Coordinator (Chief Governance Officer, Stephen Britten) must arrange for the following statistics to be reported to Council and subsequently be forwarded to the OLG: a) the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September b) the number of code of conduct complaints referred to a conduct reviewer, c) the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage and the outcome of those complaints, d) the number of code of conduct complaints investigated by a conduct reviewer, e) the number of code of conduct complaints investigated by a conduct review committee, f) without identifying particular matters, the outcome of code of conduct complaints investigated by a conduct reviewer or conduct review committee under these procedures, g) the number of matters reviewed by the OLG and, without identifying particular matters, the outcome of the reviews, and h) the total cost of dealing with code of conduct complaints made about councillors and the general manager in the year to September, including staff costs.

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The tables below provide the statistics for the period beginning 1 October 2015 through to 30 September 2016: Table 1: Code of Conduct Statistics Complaints made about Councillors and the General Manager* Complaints referred to a conduct reviewer Complaints finalised by a conduct reviewer at the preliminary assessment stage Complaints investigated by a conduct reviewer Complaints investigated by a conduct review committee Matters reviewed by the OLG

Total 0 0 0 0 0 0

*Complaints concerning staff, other than the General Manager, are dealt with by the General Manager. In addition to the matters set out above, there were two complaints carried forward from the previous period. Table 2: Total cost of complaints (including staff costs)

0

In this reporting period there were two complaints carried forward from the previous period. The costs set out in Table 2 do not include the costs relating to these matters. In respect to these two matters from last year, the costs incurred were $7,840. Conclusion This report provides Council with the statistics and costs in relation to complaints received under the Council’s Code of Conduct for the period 1 October 2015 to 30 September 2016. RECOMMENDATION That:

1.

The information contained in the report on Code of Conduct - Report on Complaints Statistics be received.

2.

A copy of the this report along with the complaints statistics provided in accordance with 12.1 of the Model Code Procedures be forwarded to the Office of Local Government.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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Councillor Working Parties

Compiled by:

Madison Foster, Acting Policy and Council Support Officer

Authorised by:

Glenn McCarthy, Governance Manager

Outcome Strategy Service Activity

We have confidence in our Council Demonstrate transparency and ethical behaviour Ensure that the organisation promotes ethical behaviour, risk management, transparent decision making and meets contemporary governance standards

Executive Summary Working Parties The Policy Review Committee confirmed the following seven Working Parties for the current Council term at its meeting on Monday 14 November 2016: a) b) c) d) e) f) g)

Communication Working Party Domestic Waste Service Working Party Finance and Economic Opportunities Working Party Floodplain Management Working Party Library Services Working Party Multicultural Working Party Recreation Working Party

It was suggested that the nomination of four Councillors per Working Party would be appropriate. Resilience Committee Council’s Sustainability Champion, Councillor Karen McKeown has requested the establishment of a new Resilience Committee. Resilience is the capacity of individuals, communities, businesses and systems within a city to survive, adapt and grow as they experience a range of shocks and stresses. Shocks are sudden events that threaten or disrupt our day to day life and include things like bushfires and severe storms, as well as terrorism and disease pandemics. Stresses are longer term issues that impact on a city on a daily or regular basis and include increasing demand for health services, loss of housing affordability and a lack of transport options. Councillors received a presentation on the Resilient Sydney project being undertaken by the City of Sydney on behalf of wider metropolitan Sydney at the recent Councillor Workshop. The presentation was made by Beck Dawson, the Chief Resilience Officer. As outlined the success of the Resilient Sydney project will depend on councils and other key stakeholders working together to ensure that the issues identified and the strategies developed to address them are broadly representative, and reflect the issues that Council believes will threaten our City in years to come. Establishment of the Resilience Committee will allow Council to be active participants in translating this broader Resilient Sydney project and its outcomes to our local context, and

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will build on our existing commitment as an organisation to safeguard the future of our City. The Committee would focus on helping to adopt and integrate resilience within the activities and decision making of Council, for example through embedding resilience within the Integrated Planning and Reporting framework and other major plans that look to set future directions around development, jobs, infrastructure and transport. Risk management will also be a key consideration with the opportunity for the Committee to assess and prioritise shocks and stresses for consideration by Council. The principles of urban resilience provide a new way to look at our activities and operations. Resilience thinking encourages cities to consider not only how to respond to emergency events and situations, but also how they can contribute to enhancing longer term environmental, social and economic outcomes for their communities. Establishment of a Resilience Committee will give Council the opportunity to access and build on research and case studies being developed both for Sydney as a whole, and through the international network of 100 Resilient Cities. The proposed Resilience Committee anticipates both Councillor and non-Councillor membership and can be formed by resolution. It would operate in a similar way to the Access Committee and Heritage Advisory Committee in that it would not have delegated authority to make decisions but would make recommendations to Council for adoption. An indication is also requested for Councillor interest in this Committee. The report recommends that the information be received and Councillor Representatives be appointed to the various working parties and Resilience Committee. RECOMMENDATION That:

1.

The information contained in the report on Councillor Working Parties be received.

2.

Council appoint four (4) Councillors to each Working Party mentioned in the report.

3.

Council establish and appoint four(4) Councillors to the Resilience Committee.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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Annual Report 2015-16

Compiled by:

Allegra Zakis, Corporate Planning Coordinator Julie Campbell, Communications Officer

Authorised by:

Andrew Moore, Chief Financial Officer

Outcome Strategy Service Activity

We have confidence in our Council Provide opportunities for our community to participate in making decisions about the City's future Manage Council's corporate reporting

Executive Summary Under the Local Government Act (1993), Council must produce an Annual Report each year and submit it to the Office of Local Government by 30 November. The report must focus on our performance in implementing our adopted Delivery Program and Operational Plan, but must also include a range of other information as specified in the Local Government Act and Regulations, and other legislation. Content for the Annual Report has been drawn from the Delivery Program Progress Reports, and supplemented with additional information sought from management and staff in order to meet our legislative reporting requirements and ensure our community has a good understanding of our activities. The 2015-16 Annual Report will be tabled at tonight’s meeting for Council’s consideration and endorsement. Hard copies will be available tonight and Councillors have been provided an advance copy through the Councillor Portal. Background Council’s Annual Report must be presented to the Minister for Local Government and posted on Council’s website within 5 months of the end of the financial year. The Local Government Act and Regulations, along with other legislation, set out the information that must be included in the Report. The Annual Report focuses on what we have achieved in implementing our Delivery Program and Operational Plan from July 2015 to June 2016 and includes highlights, challenges, information about the Penrith local government area and information on a number of other statutory matters including the full Financial Statements for the reporting period. This year’s Annual Report highlights the success we have had as an organisation, being declared Fit for the Future and gaining support from both the community and IPART for our Special Rate Variation. This will give us the capacity to deliver on larger, city shaping projects within the context of ongoing financial sustainability. Other highlights include the Penrith Community Panel and the success of the ‘Invest in New West’ marketing campaign. The report also recognises the impact of challenges beyond our control in delivering the upgrades to Queen Street, St Marys; progressing Penrith Lakes and ensuring adequate regional transport links to service planned new development within broader Western Sydney. The format and content of the Annual Report has been built on feedback from the Australasian Reporting Awards (ARA) and internal stakeholders. This year’s Annual Report

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aims to be a comprehensive and visual representation of Council’s activities, services and achievements. Conclusion The Annual Report is an opportunity to share with the community the things we have achieved, the challenges we have faced and how we have operated as an organisation. The Annual Report will be made available via our website, and a short two-page document will be provided as a summary of the key highlights and messages from the Annual Report. The summary document will be made available via our website, libraries, community centres and child care centres.

RECOMMENDATION That:

1.

The information contained in the report on Annual Report 2015-16 be received.

2.

The Annual Report 2015-16 be endorsed for submission to the NSW Office of Local Government by 30 November 2016.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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Tender Reference RFT 16/17-01 Provision of an E-Recruitment, On Boarding and Learning Management System

Compiled by:

Linda Ross, Workforce & Organisational Development Manager

Authorised by:

Sandy Davies, Executive Manager - People & Capability

Outcome Strategy Service Activity

We have confidence in our Council Demonstrate transparency and ethical behaviour Provide a human resources management service that responds to contemporary and emerging workforce and workplace issues through strategy and policy development

Executive Summary The tender RFT 16/17-01 Provision of an E-Recruitment, On Boarding and Learning Management System (LMS) was advertised in the Western Weekender on 25 August 2016 and Sydney Morning Herald on 30 August 2016 with the tender closing on 21 September 2016. The introduction of an online E-Recruitment, On Boarding and LMS will provide contemporary best practice and enable us to be an employer of choice by bridging the gaps in the current human resources management system that will enable the delivery of quality services to assist Council Managers, Supervisors and Employees as well as prospective employees. This report advises Council of the outcome of the tender process and recommends that the tender from PageUp People Pty Ltd be accepted for the provision of the E-Recruitment, On Boarding and Succession Planning Systems as outlined in the tender RFT 16/17-01 Provision of an E-Recruitment, On Boarding and Learning Management System. Upon the implementation of these systems we will look at incorporating PageUp Peoples LMS. Background The ICT Strategy by Beyond Technology, endorsed by Council in September 2014, outlined the need to perform a review of all Council computer systems, including Councils Human Resources (HR) systems. A review was conducted in 2015 into the HR systems currently used by Council and the following were identified:  The current E-Recruitment system: o is rudimentary and does not integrate with our HR/Payroll Systems o is not user friendly and difficult to use for applicants and Council staff o does not present an employer of choice image for Penrith City Council to prospective applicants o does not comply with the requirements set out in the State Records Act, resulting in employees having to manually input data from the E-Recruitment System, into the HR/Payroll and Records Management Systems  Onboarding of new employees is still a manual, paper based process requiring a lot of time from Council employees to induct new employees  The performance management was conducted through a manual paper-based process, requiring hard copy documents to be manually uploaded into the HR/Payroll and Records Management Systems

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 Learning Management is currently managed in two separate systems that are unable to integrate with each other, making the process difficult to administer for Council employees To overcome these shortfalls, the review recommended that Council:  purchase an online performance management system that would allow improved accessibility and transparency in the performance review process and would allow for supervisors to better manage employee performance;  purchase an E-Recruitment system that had the functionality required for Council employees to better undertake recruitment functions in a professional and ethical manner;  purchase an onboarding system to better engage with new employees and automate current manual processes completed by Council employees;  purchase a succession planning system to better identify and retain high performing employees;  purchase a learning management system that: o has the functionality required for Council employees to better undertake their duties; o improves the accessibility of all types of learning for Council employees; o and allows for better monitoring and management of compliance training.  and ensure that all proposed systems must: o integrate with each other to give a seamless look and feel and remove double handling for administers of the system o comply with the requirements of the State Records Act o have single sign on capabilities In October 2015, these finding were presented to the ICT Executive who endorsed the recommendations. Following this, it was determined that the performance management system was the first priority and as such, a tender process was conducted. The outcome of that tender process was reported to Council at the ordinary meeting in March 2016 where the recommendation to award PageUp People Pty Ltd was approved. Tender Evaluation Process The Tender Evaluation Committee consisted of Sandy Davies, Executive Manager People and Capability, Joshua Giblin, Human Resources Business Partner, Andrew Gunner, HR Systems Administrator and Laura Schuil, Supply Officer Contracts. The evaluation criteria advertised and used in assessing the tenders received included the following: • • • • • • • •

Business References Demonstrated Ability Works Method and Program Financials Employment Policies (Apprenticeships) Quality Assurance Systems Environmental Management Systems Work Health & Safety

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Business benefits in Relation to E-Recruitment, On Boarding and Learning Management Systems The benefits of implementing a new system are in line with outcome 1: we can work close to home and outcome 7: we have confidence in our council. The benefits identified from undertaking this initiative are as follows: E-Recruitment:  Direct access to our new talent  Mobile adaptable to encourage interaction with Council from the onset of the recruitment process  Ability for applicant to self-manage their applications  Ability for applicant to express an interest in areas of Council and sign up for job alerts  Managers can administer their own recruitment process  Better applicant experience when applying for jobs  Full audit trail and better system security throughout the process  Data that will enable us to pinpoint where we can reduce recruitment time  Reduction of advertising in newspapers Onboarding: Onboarding can significantly increase the productivity and longevity of an employee’s lifecycle with Council. Onboarding will enhance the process for new recruits including:  Biographical data entered by the successful applicant, eliminating double handling by payroll employees  The ability to engage with new starters prior to commencement  Ability for new starters to complete paperwork, tasks and learning prior to commencement, therefore making employees productive from their first day It has been identified that the productivity savings from the introduction of a new ERecruitment and Onboarding System will be as follows:  Removal of current manual onboarding process – 700 hours (average of 1 day per new employee)  Reduction in time taken to administer the recruitment process – 1.5 hours per advertised position. Based on statistics from the 2015-2016 period, this would equate to a productivity saving of 210 hours (30 days).  Reduction in time taken to recruit – approximately 5 days per advertisement It is expected that these productivity savings, together with the reduction in newspaper advertising, will equate to a total saving of $176,025 per annum. Based on these saving the system would have paid for itself in 2 years. Learning Management:    

Ability to manage all forms of learning including eLearning Ability to perform skills gap analysis Better accessibility to learning for all Council employees Allow Council employees to better manage their own development

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Talent and Succession Planning:    

Ability to identify and mentor talent Ability to easily view overall employee performance Ability to better succession plan for positions throughout Council Ability to identify high performing and high potential employees and mentor to be competitive for our recruitment process

Initial Tender Review A total of 6 tenders were received and the full listing of the tenders is detailed below in price order (excluding GST). 3 Year Contract

Company

Company Location

Directors

Worldlearn

Level 6, 97 Pirie Street Adelaide SA 5000 Australia

$244,125.00

Peoplestream

level 2 , 484 St Kilda Road Melbourne Vic Australia Level 2, 600 Victoria Street Richmond VIC 3121 Australia 4 Julius Avenue North Ryde NSW 2113 Australia Level 10, 91 William Street Melbourne VIC 3000 Australia Level 25, 520 Oxford Street Bondi Junction NSW 2022 Australia

Damon Zumwalt Stephen Mirabile Rajeev Tiwari Lyle Potgieter Peter Vlant Guffa Pty Ltd Fairfax Media Loïc Le Guisquet

$387,819.00

Karen Cariss Simon Cariss Danny Lessem

$647,615.00

Acendre Pty Ltd Oracle Corporation Australia PageUp People Pty Ltd ELMO Learning Services Pty Ltd

$285,100.00

$566,064.00

$707,500.00

The tenders submitted by Peoplestream Pty Ltd and Worldlearn did not meet the minimum system and technical requirements and were considered as not complying. The remaining tenders information were scored against the responses to both system and technical requirements with the top four Acendre Pty Ltd, ELMO Learning Services Pty Ltd, Oracle Corporation Australia and PageUp People Pty Ltd, invited to demonstrate the systems capability as outlined in the response to tender. The cost of the initial contract of 3 years as well as the optional 2 years + 2 years extension are outlined below. 3 Year Contract $387,819.00

$813,413.33

Danny Lessem

$707,500.00*

$1,527,500.00*

Loïc Le Guisquet

$566,064.00

$1,047,741.84

Company

Company Location

Directors

Acendre Pty Ltd

Level 2, 600 Victoria Street Richmond VIC 3121 Australia Level 25, 520 Oxford Street Bondi Junction NSW 2022 Australia 4 Julius Avenue

Guffa Pty Ltd Fairfax Media

ELMO Learning Services Pty Ltd Oracle

3yr+2+2

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Corporation Australia PageUp People Pty Ltd

28 November 2016

North Ryde NSW 2113 Australia Level 10, 91 William Street Melbourne VIC 3000 Australia

Karen Cariss Simon Cariss

$647,615.00**

$1,320,595.00

*Includes the cost of Performance Management System **$496,090 is the price over a 3 year period for all systems excluding the LMS which may be implemented at a later date Following the initial demonstrations by the four providers and taking their submissions into account, all four were invited back to demonstrate a prescribed set of scenarios. After the second demonstration the panel found that:  Acendre could not deliver Succession Planning without purchasing their Performance Management system. This would significantly increase the contract costs. Also, Acendre’s Onboarding system did not have the same level of functionality provided by some of the other vendor systems.  ELMO’s E-Recruitment system does not meet our requirements due to its limited ability to handle recruitment panels. Also, with the inclusion of Performance Management, ELMO was the most expensive system.  Oracle were unable to demonstrate a working recruitment panel without utilising a third party add on product, which would add additional cost and resources to the project which were not allocated as part of the costing. Further to this, Oracle’s Recruitment system did not demonstrate the same level of functionality provided by some of the other vendor systems. Oracle’s solution appeared to be three separate systems and, whilst they would be able to integrate with each other, would make it more difficult to administer and operate for an end user. PageUp People provided the best functionality and therefore, was selected by the Tender Evaluation Committee as the preferred supplier of the E-Recruitment, On Boarding and Succession Planning Systems for reasons outlined below. 1. The system demonstrated met all our essential system requirements. 2. The systems appearance was clean, intuitive and looked easy for our diverse workforce to adopt. 3. The system had a high degree of customisation which could be facilitated in house. 4. The system has a mobile solution and the ability to work offline was far superior to other providers and best suited to our outdoor workforce. 5. The system aligned with our ICT strategies to be delivered via mobile devices using responsive html5 and therefore able to work on all devices owned by Council. 6. The system is created and developed within Australia. 7. The knowledge and support are based in Australia 8. PageUp People provided relevant references that strongly endorsed the PageUp product. 9. Council already has a relationship with PageUp People where an integration already exists between PageUp People and our payroll system, Empower Masterpay. 10. The systems will be able to easily integrate with our Performance Management system, allowing all employees to access the systems through one single sign on platform.

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Scheduled Rollout It is envisage that we will stage the rollout of the systems as follows: 1. Implement Recruitment and Onboarding systems 2. Implement Succession Planning system In the tender documents, it stated that Council could accept all or part of the proposals put forward. As such, at this point, it is not recommended to take on the Learning Management System. It is however proposed to provide an option to take up the Learning Management System in 2017 in the contract. It has been confirmed with PageUp People that their price, of $151,525 over a three year period, will remain fixed for the Learning Management System up until 31 December 2017 should Council decide to take up this option. ICT Manager’s Comments Four providers were shortlisted from the original tender responses for evaluation and review. ICT contributed to requirements for technical considerations and participated in two demonstrations for each provider. Of the four providers shortlisted, two were able to best demonstrate the requirements of the tender, Acendre and PageUp People. Both providers conform to the current ICT Strategy and the responses they provided to technical questions were satisfactory. The following items of differentiation would form the basis of the decision to award the contract to PageUp People Pty Ltd: 1. Local Support in NSW – PageUp People have a Sydney and Melbourne office, where as Acendre operate out of Melbourne. When consultants are required onsite, especially during project implementation phase, this will be easier to facilitate. 2. Offline capability – Although we live in an always connected world, some of our team who operate outdoors and in areas where mobile coverage is not optimal, may require “offline” working. PageUp People operates with some offline capability. 3. Product Suite – As we already have investment in PageUp People solutions for Performance Management, having a single vendor to manage across HR Management Systems will offer improved integration opportunities. Based on the key identified differentiators, ICT endorse the decision to award the contract to PageUp People Pty Ltd. Financial Services Manager’s Comment Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on PageUp People Pty Ltd. These checks were completed by corporate Scorecard Pty Ltd and have been reviewed by Financial Services. Based on the rating by Corporate Scorecard Pty Ltd and Council Officers review, no major concerns were raised as to the ability of PageUp People Pty Ltd to perform the works described. As part of Council’s continued commitment to productivity improvements and savings the December Review included an allocation to a productivity reserve to assist in the investment in new technologies and systems that will help achieve these savings. The Reserve gives Council the ability to fund these initiatives with the savings generated returned to general revenue. It is proposed to fund the initial set up cost of $237,500 from the productivity reserve and saving from changing our advertising methods. With ongoing costs of

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$136,100, being offset by savings generated through changes to advertising methods and productivity gains. Tender Advisory Group (TAG) Comment The Tender Advisory Group consisting of the Chief Governance Officer, Stephen Britten and Governance Manager, Glenn McCarthy met to consider the tender for for the Provision of an E-Recruitment, On Boarding and Learning Management System. The TAG has reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations. Conclusion Based on the detailed evaluation and analysis, review of relevant past and current experience, financial analysis and referee checks the Tender Evaluation Committee is of the opinion that PageUp People Pty Ltd has provided the best overall value for money to Council. As such it is recommended that PageUp People Pty Ltd be recommended as the preferred supplier of E-Recruitment, On Boarding and Succession Planning Systems for a contract sum of $496,090 excluding GST for three years.

RECOMMENDATION That:

1.

The information contained in the report on Tender Reference RFT 16/17-01 Provision of an E-Recruitment, On Boarding and Learning Management System be received.

2.

PageUp People Pty Ltd be accepted as the preferred tenderer for our ERecruitment, On Boarding and Succession Planning systems for a contract sum of $496,090 excluding GST for a period of three years.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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Summary of Investments & Banking for the period 1 October to 31 October 2016

Compiled by:

Pauline Johnston, Revenue Accountant

Authorised by:

Neil Farquharson, Financial Services Manager

Outcome Strategy Service Activity

We have confidence in our Council Ensure our finances and assets are sustainable and services are delivered efficiently Manage Council's financial sustainability and meet statutory requirements

Executive Summary This report on the Summary of Investments & Banking for October 2016 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (Section 625) and the Council’s Investment Policy. The report certifies that the Council investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under Council Circular 11-01 on 17 February 2011. This report provides a summary of investments for the period 1 October 2016 to 31 October 2016 and a reconciliation of invested funds at 31 October 2016. The investment returns as a percentage for October 2016 are:  Council portfolio current yield 2.72 %  90 day Bank Bill Swap rate 1.74%  Floating Rate Notes (return for the period 2.97% The report recommends that the information contained in the report be received. Background Attached to this report is a Summary of Investments including Economic Commentary for October 2016, Historical Investment Performance analysis tables and charts, a Reconciliation of Invested Funds for October 2016 and various Investment Summary and Investment Portfolio analysis tables and charts. CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER I hereby certify the following: 1. All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy. 2. Council’s Cash Book and Bank Statements have been reconciled as at 31 October 2016.

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Andrew Moore Responsible Accounting Officer

RECOMMENDATION That:

1.

The information contained in the report on Summary of Investments & Banking for the period 1 October to 31 October 2016 be received.

2.

The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 October 2016 to 31 October 2016 be noted and accepted.

3.

The graphical investment analysis as at 31 October 2016 be noted.

ATTACHMENTS/APPENDICES 1. ⇩ Summary of Investments 6 Pages Appendix

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COMMITTEE OF THE WHOLE DELIVERY PROGRAM REPORTS CONTENTS Pecuniary Interests Other Interests Monday November 28 2016 Item

Page

1

Presence of the Public

1

2

Reserve Street Site Commercial Agreement

2

3

Leasing Part of Unused Road on the Corner of Henry Street and Kendall Street Penrith to Red Rooster Foods Pty Limited

2

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28 November 2016

Presence of the Public

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993. A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises: (a)

the discussion of any of the matters listed below; or

(b)

the receipt or discussion of any of the information so listed.

The matters and information are the following: (a)

personnel matters concerning particular individuals;

(b)

the personal hardship of any resident or ratepayers;

(c)

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

(d)

commercial information of a confidential nature that would, if disclosed: 

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



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



reveal a trade secret.

(e)

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

(f)

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

(g)

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

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

the relevant provision of section 10A(2);

(b)

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

(c)

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

Corporate Governance

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Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public The process which should be followed is: 

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



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



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



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

The first action is for a motion to be moved and seconded based on the recommendation below. RECOMMENDATION That: Outcome 4 2

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

Outcome 1 3

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

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ATTACHMENTS Date of Meeting:

Monday 28 November 2016

Report Title:

Economic Development Strategy and Model

Attachments:

EDS Summary Penrith Economic Development Strategy November 2016 Economic model

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Ordinary Meeting Attachment 2 - Penrith Economic Development Strategy November 2016

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ATTACHMENTS Date of Meeting:

Monday 28 November 2016

Report Title:

Organisational Performance Report September 2016

Attachments:

September 2016 Organisational Performance Report

Ordinary Meeting Attachment 1 - September 2016 Organisational Performance Report

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Ordinary Meeting Attachment 1 - September 2016 Organisational Performance Report

28 November 2016

Page 37

Ordinary Meeting Attachment 1 - September 2016 Organisational Performance Report

28 November 2016

Page 38

Ordinary Meeting Attachment 1 - September 2016 Organisational Performance Report

28 November 2016

Page 39

Ordinary Meeting Attachment 1 - September 2016 Organisational Performance Report

28 November 2016

Page 40

Ordinary Meeting Attachment 1 - September 2016 Organisational Performance Report

28 November 2016

Page 41

Ordinary Meeting Attachment 1 - September 2016 Organisational Performance Report

28 November 2016

Page 42

Ordinary Meeting Attachment 1 - September 2016 Organisational Performance Report

28 November 2016

Page 43

Ordinary Meeting Attachment 1 - September 2016 Organisational Performance Report

28 November 2016

Page 44

Ordinary Meeting Attachment 1 - September 2016 Organisational Performance Report

28 November 2016

Page 45

Ordinary Meeting Attachment 1 - September 2016 Organisational Performance Report

28 November 2016

Page 46

ATTACHMENT

Date of Meeting:

28 November 2016

Delivery Program: Outcome 7 Service:

Financial Services

Report Title:

2016-2017 Voted Works

2016-17 VOTED WORKS as at 28 November 2016 Description of Allocation

Meeting Approved

Amount $

Expenditure

Manager Responsible

SOUTH WARD Amount Available for 2016-17 Funds brought forward from 2015-16

106,772

2016-17 Funds

53,000 Total Vote for 2015-16

159,772

Amounts Allocated 22-Aug-16

15

5-Sep-16

UB2

24-Oct-16

5

Men's shed concrete slab Western Sydney Opera - Portable Piano AFFORD Project Magnetic Grants Program

21,000

21,000

CCDM

1,000

1,000

CCDM

3,333

-

PM

5,400

4,997

CPM

Total Vote Committed

25,333

TOTAL VOTE UNCOMMITTED FOR SOUTH WARD

134,439

NORTH WARD Amount Available for 2016-17 Funds brought forward from 2015-16

179,010

2016-17 Funds

53,000 Total Vote for 2015-16

232,010

Amounts Allocated 9-May-16

RR2

Memorial seats at Llandilo Public School

25-Jul-16

UB1

39,000

39,000

CPM

5-Sep-16

UB2

Fencing of Cranebrook Dog Off Leash Area Western Sydney Opera - Portable Piano

1,000

1,000

CCDM

24-Oct-16

5

AFFORD Project Magnetic Grants Program

3,334

-

PM

Total Vote Committed

48,734

TOTAL VOTE UNCOMMITTED FOR NORTH WARD

183,276

EAST WARD Amount Available for 2016-17 Funds brought forward from 2015-16

153,567

2016-17 Funds

53,000 Total Vote for 2015-16

206,567

Amounts Allocated 22-Aug-16

11

5-Sep-16

UB2

24-Oct-16

5

Penrith Mayoral Challenge 2016 - Chapman Gardens Kingswood Western Sydney Opera - Portable Piano AFFORD Project Magnetic Grants Program

17,000

-

PM

1,000

1,000

CCDM

3,333

-

PM

Total Vote Committed

21,333

TOTAL VOTE UNCOMMITTED FOR EAST WARD

185,234

Total Vote for 2016-17 Less Total Vote Committed

598,349 95,400

TOTAL VOTE UNCOMMITTED

502,949

SUMMARY