18 June 2014

Dear Councillor, In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 23 June 2014 at 7:30PM. Attention is directed to the statement accompanying this notice of the business proposed to be transacted at the meeting. Yours faithfully

Alan Stoneham General Manager BUSINESS

1. LEAVE OF ABSENCE Leave of absence has been granted to: Councillor Kevin Crameri OAM - 10 June 2014 to 25 July 2014 inclusive.

2. APOLOGIES

3. CONFIRMATION OF MINUTES Ordinary Meeting - 26 May 2014.

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

5. ADDRESSING COUNCIL

6. MAYORAL MINUTES

7. NOTICES OF MOTION TO RESCIND A RESOLUTION

8. NOTICES OF MOTION AND QUESTIONS ON NOTICE

9. ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES Local Traffic Committee Meeting - 2 June 2014.

10. DELIVERY PROGRAM REPORTS

11. REQUESTS FOR REPORTS AND MEMORANDUMS

12. URGENT BUSINESS

13. COMMITTEE OF THE WHOLE

Enquiries regarding this Business Paper should be directed to the Senior Governance Officer, Mr Glenn Schuil on (02) 4732 7856

ORDINARY MEETING

MONDAY 23 JUNE 2014

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 Council Chambers public addressing Seating Arrangements the meeting Executive Managers Lectern

Clr Marcus Cornish North Ward Assistant

Media Clr Bernard Bratusa General South Ward Manager Craig Butler

Clr Tricia Hitchen

East Ward Assistant General Clr Ben Goldfinch Manager South Ward Barry Husking

Clr Mark Davies General South Ward Manager

Alan Stoneham

Clr Jim Aitken OAM

South Ward His Worship

the Mayor

Councillor Clr Kevin Crameri OAM Ross Fowler North Ward OAM

Clr Maurice Girotto East Ward Senior Gallery Public Governance Clr Jackie Greenow OAM Officer Glenn Schuil East Ward

Clr Michelle Tormey North Ward Minute Clerk Clr Karen McKeown South Ward

Clr John Thain North Ward

Clr Greg Davies East Ward

Clr Prue Car

East Ward

Executive Managers

Managers

2014 MEETING CALENDAR January 2014 - December 2014 (adopted by Council on 25/11/13 and amended by Council on 26/5/14)

JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC TIME Mon Mon Mon Mon Mon Mon Mon Mon Mon Mon Mon Mon

22^ 15 3 10& (7.00pm) (7.00pm) Ordinary Council Meeting 7.30pm

24@ 24 28 26# 23 * 28 25@ 29 27∞ 24#+

14 12 30 14 11 8 13 10 8 Policy Review Committee 7.00pm 10 10

 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 2013-2014 Annual Statements are presented ∞ Meeting at which any comments on the 2013-2014 Annual Statements are presented + Meeting at which the Annual Report is presented & Extraordinary Meeting

- 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 Senior Governance Officer, Glenn Schuil.

Unconfir med Minutes UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 26 MAY 2014 AT 7:34PM

NATIONAL ANTHEM The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION His Worship the Mayor, Councillor Ross Fowler OAM read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Jim Aitken OAM and Councillors Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Greg Davies, Maurice Girotto, Jackie Greenow OAM, Tricia Hitchen, John Thain and Michelle Tormey.

LEAVE OF ABSENCE Leave of Absence was previously granted to Councillor Karen McKeown for the period 8 May 2014 to 11 June 2014 inclusive.

APOLOGIES 126 RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor John Thain that apologies be received for Councillors Mark Davies and Ben Goldfinch.

CONFIRMATION OF MINUTES - Ordinary Meeting - 28 April 2014 127 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that the minutes of the Ordinary Meeting of 28 April 2014 be confirmed.

DECLARATIONS OF INTEREST Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 – High Street, Penrith – Endorsement of Parking Restrictions at the Proposed “Triangle Park” Car Park, as he is on the Board of the Penrith CBD Corporation.

SUSPENSION OF STANDING ORDERS 128 RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Jim Aitken OAM that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:38pm.

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Mr Kingsley Liu

Item 7 – Repeal of Section 18C of the Racial Discrimination Act

Mr Liu, an interested citizen, spoke in opposition to the repeal of Section 18C of the Racial Discrimination Act. Mr Liu stated that, as a co-convenor of the social media forum Project 18C, he was concerned that repeal of the Act would adversely affect residents of the culturally diverse city of Penrith. Mr Liu urged Council to vote through resolutions to reject changes to the Racial Discrimination Act and to write to the Attorney General.

Mr David Trist

Item 8 – Proposed Permanent Closure of Kokoda Place (Court), St Marys

Mr Trist, an interested citizen, spoke in opposition to the recommendation to close Kokoda Place, St Marys. Mr Trist stated that he would be in favour of the road closure provided that the land be vested in Council’s ownership and not used for the expansion of the nearby shopping centre. Mr Trist also stated that in future years, it is likely that St Marys will require the amenity of open space in their commercial centre.

RESUMPTION OF STANDING ORDERS 129 RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Jim Aitken OAM that Standing Orders be resumed, the time being 7:51 pm.

MAYORAL MINUTES

1 Passing of Yvonne Cassidy OAM DSM Councillors Jackie Greenow OAM, Jim Aitken OAM, John Thain, Kevin Crameri OAM, and Greg Davies spoke in support of the Mayoral Minute.

130 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jackie Greenow OAM that the Mayoral Minute on Passing of Yvonne Cassidy OAM DSM be received.

His Worship the Mayor, Councillor Ross Fowler OAM then asked the Councillors, staff and gallery to stand for one minute’s silence to acknowledge the passing of Yvonne Cassidy OAM DSM, at 8:00 pm.

Councillor John Thain then brought the recent passing of former long term Penrith City Council employee, Brian Griffiths to the attention of the meeting.

His Worship the Mayor, Councillor Ross Fowler OAM then asked the Councillors, staff and gallery to stand for one minute’s silence to acknowledge the passing of Brian Griffiths, at 8:02pm.

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2 Congratulations to Jessica Fox on Dual World Championship win Councillor Prue Car left the meeting, the time being 8:04 pm. Councillor Prue Car returned to the meeting, the time being 8:08 pm.

Councillors Bernard Bratusa, Jim Aitken OAM, John Thain and Marcus Cornish spoke in support of the Mayoral Minute.

131 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa that the Mayoral Minute on Congratulations to Jessica Fox on Dual World Championship win be received.

REPORTS OF COMMITTEES

1 Report and Recommendations of the Access Committee Meeting held on 9 April 2014 132 RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Greg Davies that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 9 April, 2014 be adopted.

2 Report and Recommendations of the Local Traffic Committee Meeting held on 5 May 2014 133 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Greg Davies that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 May, 2014 be adopted.

3 Report and Recommendations of the Policy Review Committee Meeting held on 12 May 2014 134 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Michelle Tormey that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 12 May, 2014 be adopted.

DELIVERY PROGRAM REPORTS

OUTCOME 2 - WE PLAN FOR OUR FUTURE GROWTH

1 Development Application DA13/1466 for Demolition of Existing Dwelling, Construction of Attached Dual Occupancy & Strata Title Subdivision at Lot 24 DP 29891, (No. 166) Jamison Road, Penrith Applicant: GJ Gardner Homes; Owner: ~Tracy Davidson

135 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM That: 1. The information contained in the report on Development Application DA13/1466 for Demolition of Existing Dwelling, Construction of Attached Dual Occupancy & Strata Title Subdivision at Lot 24 DP 29891, (No. 166) Jamison Road, Penrith be received.

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2. The State Environmental Planning Policy No. 1 objections to the 6 metre rear set back and the 650m² minimum lot area be supported for the reasons outlined in this report. 3. Development Application DA13/1466 for the demolition of existing dwelling and construction of attached dual occupancy and strata subdivision at Lot 24 DP29891 (No. 166 Jamison Road, South Penrith) be approved subject to the following conditions: 3.1 Standard Conditions A001 Approved plans A008 Works to BCA requirements A009 Residential works DCP A019 Occupation Certificate A046 Issue of Construction Certificate B002 Demolition and disposal to approved landfill site B003 Asbestos B004 Dust B005 Mud/Soil B006 Hours of work D001 Sedimentation and Erosion Controls D009 Covering Waste Storage area D010 Appropriate disposal of excavated or other waste E001 BCA Compliance E005 Smoke detectors-interconnect G003 Section 73 – Sydney Water G004 Integral energy G005 Rainwater tank – plumbing H001 Stamped plans and erection of site notice H002 All forms of construction H014 Slabs/footings H015 Termites H039 Rainwater tank pumps H041 Hours of work (other devt) K016 Stormwater K202 Roads Act (Minor Roadworks) K208 Stormwater discharge (Minor Development) K221 Access, Car Parking and Manoeuvring K501 Roads Authority clearance L001 Approved landscaping plans

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L002 Landscape Construction L003 Landscaping Report Requirements L006 Australian Standard landscaping requirements L008 Tree preservation order M008 Linen plan N001 Section 94 Contributions (Cultural Facilities) N003 Section 94 Contributions (District Open Space) N004 Section 94 Contributions (Local Open Space) P001 Costs P002 Fees associated with Council land Q01F Notice of Commencement & appointment of PCA Q05F Occupation Certificate 3.2 Special Conditions 3.2.1 All fencing visible from the street is to be a maximum height of 1.2 metres and of open style design.

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

Councillor Prue Car Councillor Greg Davies Councillor John Thain Councillor Michelle Tormey Councillor Jackie Greenow OAM Councillor Maurice Girotto Councillor Kevin Crameri OAM Councillor Jim Aitken OAM Councillor Tricia Hitchen Councillor Bernard Bratusa Councillor Marcus Cornish Councillor Ross Fowler OAM

OUTCOME 3 - WE CAN GET AROUND THE CITY

2 High Street, Penrith – Endorsement of Parking Restrictions at the Proposed "Triangle Park" Car Park 136 RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Jim Aitken OAM That: 1. The information contained in the report on High Street, Penrith – Endorsement of Parking Restrictions at the Proposed "Triangle Park" Car Park be received.

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2. Consultation be conducted with affected businesses in High Street, Penrith, between Riley Street and Henry Street, and any substantial objection be referred to the Local Traffic Committee for consideration. 3. Subject to no substantial objections being received, the “Triangle Park” Car Park, with seven angled parking spaces “1/2 Hour Parking 8:30am - 6:00pm Mon - Fri and 8:30am - 12:30pm Sat”, one angled “Disabled Parking” space, two-way aisle, “No Parking” zone, “No Stopping” zones, “Give Way” sign and linemarking, painted driveway, median with double centre lines, left-turn pavement arrow, “One Way” sign and “No Entry” sign, be implemented in High Street, Penrith, as shown on Appendix 1. 4. The issue of parking restrictions be referred to the Local Traffic Committee for investigation and determination of the appropriate parking alignment.

OUTCOME 4 - WE HAVE SAFE, VIBRANT PLACES

3 Brothels, Massage and Tattoo Parlours in St Marys 137 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor John Thain That: 1. The information contained in the report on Brothels, Massage and Tattoo Parlours in St Marys be received. 2. A further report be presented to Council detailing Council’s inspection regimes for unregistered brothels, massage and tattoo parlours in the Council’s Local Government area.

4 Naming of a Park on Hickson Circuit, Caddens 138 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM That: 1. The information contained in the report on Naming of a Park on Hickson Circuit, Caddens be received. 2. Council endorse the naming of the reserve on Hickson Circuit, Caddens as ‘Roger Nethercote Park’ and make application to the Geographical Names Board for the official gazetting. 3. Following gazettal, an official naming ceremony be held at the reserve.

OUTCOME 5 - WE CARE ABOUT OUR ENVIRONMENT

5 South Creek Flood Study 139 RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Kevin Crameri OAM That: 1. The information contained in the report on Draft South Creek Flood Study be received.

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2. The draft report of the South Creek Flood Study be placed on public exhibition for no less than 28 days. 3. A further report to Council be presented on the results of the public exhibition of the Draft South Creek Flood Study addressing any submissions received during the exhibition period.

6 Update on Western Sydney Regional Odour Investigation 140 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow OAM That: 1. The information contained in the report on Update on Western Sydney Regional Odour Investigation be received. 2. Council write to the Minister for the Environment, the Hon Robert Stokes MP and Mrs Tanya Davies MP, Member for Mulgoa to make appropriate representations in this matter.

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

7 Repeal of Section 18C of the Racial Discrimination Act

A MOTION was moved by Councillor Prue Car seconded Councillor John Thain That: 1. The information contained in the report on Repeal of Section 18C of the Racial Discrimination Act be received. 2. Penrith Council: (a) Understands the fundamental importance of Section 18C of the Racial Discrimination Act 1975; (b) Recognises that Section 18C provides protection to individuals from offensive behaviour because of race, colour, national or ethnic origin; (c) Urges all levels of government to combat bigotry at every opportunity; (d) Requests that the Federal Attorney General withdraw the Draft Exposure Amendment to the Racial Discrimination Act.

141 An AMENDMENT was moved by Councillor Bernard Bratusa seconded Councillor Jim Aitken OAM that consideration of this matter be deferred to enable Councillors to receive additional information on the number of community complaints about discrimination according to the definitions included in Section 18C of the Racial Discrimination Act. The AMENDMENT was PUT. The AMENDMENT was CARRIED and on becoming the SUBSTANTIVE MOTION was also CARRIED.

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OUTCOME 7 - WE HAVE CONFIDENCE IN OUR COUNCIL

9 Organisation Performance Report - March 2014 142 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marcus Cornish That: 1. The information contained in the report on Organisation Performance Report - March 2014 be received 2. The Organisation Performance Report - March 2014 as at 31 March 2014, including the revised estimates outlined in this report and detailed in Attachment 1 – Organisational Performance Report – March 2014 be adopted.

11 Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2014/2015 143 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marcus Cornish That: 1. The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2014/2015 be received. 2. The fees payable to the Mayor and Councillors for 2014/2015 be set at the maximum level permitted.

12 Amendment to the Council's 2014 Meeting Calendar 144 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marcus Cornish That: 1. The information contained in the report on Amendment to the Council's 2014 Meeting Calendar be received. 2. Council’s meeting calendar be amended to schedule a Policy Review Committee Meeting on 30 June 2014 and a Councillor Briefing on 16 June 2014.

13 RFT1314-12 Auditing Services 145 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marcus Cornish That: 1. The information contained in the report on RFT1314-12 Auditing Services be received. 2. The tender in the amount of $60,000 per year (exclusive of GST, indexed by CPI each year), for Council from Hill Rogers Spencer Steer be accepted for the provision of Financial Auditing Services.

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3. The Common Seal of the Council of the City of Penrith be placed on all documentation as necessary. 4. Council officers write to Council’s related entities with the outcome of the audit process, and advise them of the option of directly accepting the offer from Hill Rogers Spencer Steer.

14 Summary of Investments for the period of 1st April - 30th April 2014 146 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marcus Cornish That: 1. The information contained in the report on Summary of Investments for the period of 1st April - 30th April 2014 be received 2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 April 2014 to 30 April 2014 be noted and accepted. 3. The graphical investment analysis as at 30 April 2014 be noted.

8 Proposed Permanent Closure of Kokoda Place (Court), St Marys 147 RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Kevin Crameri OAM That: 1. The information contained in the report on Proposed Permanent Closure of Kokoda Place (Court), St Marys be received. 2. Council proceed with the application to NSW Trade and Investment, Crown Lands for approval to permanently close Kokoda Court, St Marys. 3. Upon closure the land be classified as “community” land and be consolidated with Council’s adjoining land.

10 Impact of repeal of Carbon Price 148 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Jim Aitken OAM That 1. The information contained in the report on Impact of repeal of Carbon Price be received. 2. Council write to the Hon Bill Shorten MP, Leader of the Opposition and Senator Christine Milne requesting that they and their Parliamentary colleagues support the repeal of the Carbon Price.

Councillor John Thain left the meeting, the time being 9:20 pm.

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REQUESTS FOR REPORTS AND MEMORANDUMS

RR 1 Conduct of Electrical Contractors Councillor Prue Car requested that Council officers contact the contractors conducting electrical work along Rugby Street, Werrington and request that repair work be carried out to the proper standard and that a memo reply be supplied in this regard.

Councillor John Thain returned to the meeting, the time being 9:22 pm.

RR 2 Federal Budget decisions Councillor Prue Car requested that a report come back to a Councillor Briefing explaining the impact of the following Federal Budget decisions on Penrith City and its ratepayers: (1) The freezing of Financial Assistance Grants; and (2) The decision to cancel the joint funding commitment regarding Commonwealth concession assistance.

RR 3 Solar Speed Monitors Councillor Prue Car requested a report to Council detailing the cost and feasibility of erecting solar speed monitors in the City of Penrith, in particular Dunheved Road, Werrington County, similar to those erected by Leichhardt Council.

RR 4 Gipps Street Recreational Precinct Councillor Prue Car requested a briefing for Councillors providing an update on advocacy for funding of the proposed Gipps Street Recreational Precinct at Claremont Meadows.

RR 5 2015 ANZAC Centenary Councillor Greg Davies requested a briefing for Councillors on the fund set up to assist groups in their efforts to commemorate the 2015 ANZAC Centenary.

RR 6 St Marys Development Committee Afternoon Tea Councillor Jackie Greenow OAM thanked Council, on behalf of the St Marys Development Committee, for the recent afternoon tea event, held in honour of the community work of the Committee.

RR 7 Resurfacing of Water Street, Werrington Councillor Maurice Girotto requested a memo reply to all Councillors concerning the resurfacing of Water Street, Werrington.

RR 8 Asian Cup - 2015 Councillor Bernard Bratusa requested a memo reply to all Councillors advising what initiatives Council has taken to secure international teams using Penrith as a base for the Asian Cup in 2015. Councillor Bratusa also requested that Council establish a link with Destination NSW to ensure Council is aware of potential opportunities to attract tourism and events to Penrith City.

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RR 9 Trees - Hentic Court, Werrington County Councillor Bernard Bratusa requested a memo reply concerning trees at the end of Hentic Court, Werrington County which are either dead or dying and are presenting a hazard to users of the adjacent public reserve.

RR 10 Mulgoa Road, Penrith - Capacity Councillor Bernard Bratusa requested a report to Council addressing the capacity of Mulgoa Road to endure heavily loaded trucks, and if a major overhaul of the road is required, or weight restriction applied.

RR 11 Upgrade to parks in Claremont Meadows Councillor Bernard Bratusa requested a memo reply to all Councillors concerning any plans Council may have to upgrade parks in Claremont Meadows and if there is an opportunity to install gym equipment similar to that installed in Glenmore Park.

RR 12 Myrtle Road, Claremont Meadows - Speeding Traffic Councillor Bernard Bratusa requested that the Local Traffic Committee consider the provision of speed signs and/or traffic calming solutions for Myrtle Road, Claremont Meadows.

RR 13 Pedestrian Crossing - Aldi & St Marys Band Club, St Marys Councillor Bernard Bratusa requested a memo reply on the tree branches which are obstructing the traffic lights servicing the pedestrian crossing between Aldi and the St Marys Band Club on the Great Western Highway at St Marys.

RR 14 Park on Callisto Drive, Cranebrook Councillor Bernard Bratusa requested a memo reply on the need for the urgent removal of a protruding steel beam and four metal pegs where play equipment has been removed in the park on Callisto Drive, Cranebrook.

URGENT BUSINESS

UB 1 Leave of Absence Councillor Kevin Crameri OAM requested a Leave of Absence from 10 June 2014 to 25 July 2014 inclusive.

149 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jackie Greenow OAM that the matter be brought forward and dealt with as an urgent matter.

His Worship the Mayor, Councillor Ross Fowler OAM, ruled that the matter was urgent and should be dealt with at the meeting.

150 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jackie Greenow OAM that Councillor Kevin Crameri OAM be granted Leave of Absence from 10 June 2014 to 25 July 2014 inclusive.

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COMMITTEE OF THE WHOLE

151 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor John Thain that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:37 pm.

1 Presence of the Public

CW1 RESOLVED on the motion of Councillor Jim Aitken OAM seconded Councillor Maurice Girotto that the press and public be excluded from Committee of the Whole to deal with the following matters:

Outcome 1

2 Potential Disposal for Development of 21 - 25 Woodriff Street, Penrith

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

Outcome 6

3 Facility Management

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

Outcome 7

4 Commercial Matter - Council Property - Leasing of Shops 4 and 5/140- 142 Henry Street (Allen Arcade), Penrith to Wiseberry 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.

The meeting resumed at 9:50 pm and the General Manager reported that the Committee of the Whole met at 9:37 pm on 26 May 2014, the following being present

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Jim Aitken OAM, and Councillors Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Greg Davies, Maurice Girotto, Jackie Greenow OAM, Tricia Hitchen, John Thain and Michelle Tormey. 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.

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CONFIDENTIAL BUSINESS

2 Potential Disposal for Development of 21 - 25 Woodriff Street, Penrith RECOMMENDED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kevin Crameri OAM CW2 That: 1. The information contained in the report on Potential Disposal for Development of 21 - 25 Woodriff Street, Penrith be received. 2. Council undertake an Expression of Interest process for the development of 21-25 Woodriff Street, Lot 101, Deposited Plan 1031340, Penrith 3. A Request for Proposal be issued to short listed respondent/s following the EOI process 4. The closure of the Woodriff Street road reserve be commenced. 5. A further report be presented to Council following the EOI and RFP process.

3 Facility Management RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto CW3 That the information contained in the report on Facility Management be received.

4 Commercial Matter - Council Property - Leasing of Shops 4 and 5/140- 142 Henry Street (Allen Arcade), Penrith to Wiseberry Penrith RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor John Thain CW4 That: 1. The information contained in the report on Commercial Matter - Council Property - Leasing of Shops 4 and 5/140-142 Henry Street (Allen Arcade), Penrith to Wiseberry Penrith be received. 2. Council grant a three (3) year lease with a three (3) 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.

ADOPTION OF COMMITTEE OF THE WHOLE

152 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Tricia Hitchen that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

This is Page No 13 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 26 May 2014 Ordinary Meeting Monday 26 May 2014

There being no further business the Chairperson declared the meeting closed the time being 9:53 pm.

This is Page No 14 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 26 May 2014

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 Page

1 Passing of Brian Griffiths 1

2 Locals recognised in Queen's Birthday Honours 3

3 Patrick Jackson: First Penrith cricketer to win O'Reilly Medal 5

4 2014 Australasian Reporting Awards 6

5 Prestigious award for Neighbourhood Renewal project 7

Ordinary Meeting 23 June 2014

Mayor al Minutes 1 - Passing of Brian Griffiths Mayoral Minute

Passing of Brian Griffiths

We are incredibly saddened at the passing of our former colleague Brian Griffiths.

Our thoughts are with his wife Deslie, children Mark, Scott and Kent and daughters-in law Katrina and Elle. Brian will be particularly missed by his grandchildren Taylah, Bailey, Jack and Chanel – who called him ‘Poppy’.

Brian was born in Penrith and had many stories about growing up on Nepean Avenue. He spent 32 years at Penrith Council before retiring in July 2012.

People at all levels of Council were sorry to see him leave when he retired nearly two years ago.

He oversaw the development by Council of more than 600 residential parcels of land since starting as Property Manager in 1980 – an impressive achievement and a lasting legacy for generations of residents.

He graduated with a Bachelor of Business (Land Economy) in April 1992, after six years of part-time study.

His depth of knowledge of the property industry was second to none. He had a remarkable ability to give accurate off-the-cuff valuations of any property in the City.

Brian used his skills and knowledge to oversee the buying, selling, development and leasing of commercial, residential and community properties. He ensured Council’s assets were used to maximise effective operations and also developed a considerable number of properties in the twilight of his career, with a significant financial advantage to Council and ratepayers.

He played a significant role in shaping our City. He was also the Director of the Penrith Valley Housing Co-operative for many years.

Brian was a meticulous record-keeper. Colleagues fondly remember his 310 indexed folders, his immaculate desk and spotless car.

He loved golf, mateship, the thrill of horse racing, social gatherings and fine dining. He was passionate about life and dedicated to his work, despite dealing with a serious illness and many major operations for a lot of his time at Council.

Brian earned the respect of peers with his hard work, professionalism, integrity, expertise and his sense of humour.

He never sought the limelight or personal recognition, but always willingly stepped up to the mark when required to get the job done.

He was a valued member of the management team and had a well-deserved reputation as a highly effective Property Development Manager.

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Ordinary Meeting 23 June 2014

Councillor Ross Fowler OAM Mayor

Recommendati on

RECOMMENDATION

That the Mayoral Minute on Passing of Brian Griffiths be received.

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2 - Locals r ecognised in Queen's Birthday H onours Mayoral Minute

Locals recognised in Queen's Birthday Honours

Strategy: Encourage social connections and promote inclusion in our community

Three Penrith residents and two others with a strong history of contributing to our community received one of the nation’s highest honours for their outstanding achievements and service in the 2014 Queen’s Birthday Honours List on 9 June 2014.

I’d like to congratulate each of these individuals on this well-deserved recognition and thank them for their outstanding contributions to Penrith City and our community.

Reverend Dr Kenneth David Chant OAM

Dr Chant, of Werrington, was recognised for his service to religion and theological education. He is the current President of Vision Christian College for Australasia, which he founded in 1974. The College, in conjunction with Vision International University, is an international and inter-denominational bible correspondence school with over 100,000 students across 145 nations. Dr Chant is also a prolific author of Christian publications and papers.

Mr Donald George Feltis OAM

Mr Feltis, of Orchard Hills, was acknowledged for his service to rugby league football in NSW. Mr Feltis has been Chairman of Penrith Panthers Rubgy League Club since 2009 and a board member since 2002. In 1986, upon retirement after 32 years with the NSW police force, he joined the Panthers organisation full time, first as administrator of the junior league operation, then in coaching and development and finally as Chief Executive in 1991. Mr Feltis had previously played for and coached local football clubs. Mr Feltis was recognised on Council’s Wall of Achievement in 2002.

Mr Peter John Nicholson PSM

An Orchard Hills resident, Mr Nicholson was recognised for outstanding public service. Mr Nicholson joined the NSW Police force in 1970 and for the past 20 years has worked in human resources. He was recognised for his passion, dedication, enthusiasm and ethical conduct as well as his commitment to the welfare of his colleagues and the NSW Police.

Mr Paul Anthony Brennan AM

Despite living outside the city, Mr Brennan’s commitment to Penrith and Western Sydney is significant. He was cited for his service to business and commerce, and as an advocate for the design of harm minimisation programs for people affected by drugs. Mr Brennan is currently Chairman of the Penrith Business Alliance and on the Board of Blue Mountains Medicare Local as well as a Councillor on the Western Sydney Council of the NSW Business Chamber, of which he was a former President.

Mr Phillip Ronald Gould AM

Currently Panthers Executive General Manager of Rugby League, Mr Gould was acknowledged for his service to rugby league as an administrator, commentator, coach and player, and to the community. A former Wallacia resident, he played for the Panthers from 1976 to 1979, became the club’s youngest captain at the age of 20 and went on to coach the team to its first grand final appearance in 1990 and again in 1991, securing the club’s historic first-ever premiership. He continues to be involved in a number of charities and not

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Ordinary Meeting 23 June 2014

for profit organisations and a sought after rugby league commentator with Fairfax media and Channel 9.

These honourees were nominated as outstanding citizens by friends, family and peers. All recipients richly deserve this recognition for their work in our community and I thank and congratulate them.

I will be writing to each recipient to convey our appreciation and congratulations and to invite them to a reception at Council.

Councillor Ross Fowler OAM Mayor

Recommendati on

RECOMMENDATION

That the Mayoral Minute Locals recognised in Queen's Birthday Honours be received.

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3 - Patrick Jackson: First Penrith cricketer to win O'Reill y Medal Mayoral Minute

Patrick Jackson: First Penrith cricketer to win O'Reilly Medal

Strategy: Provide opportunities for our community to be healthy and active

I would like to congratulate local Penrith cricketer Patrick Jackson on his wonderful achievement of being named the 2013/14 Sydney First Grade Cricketer of the Year winning the O’Reilly Medal.

Starting his cricket career at 8 years of age, Patrick who lives at Claremont Meadows moved into the first grade squad at 18 years of age.

An all-rounder who opens the batting, Patrick is the first cricketer from the Penrith Cricket Club to be named the Sydney First Grade Cricketer of the Year, which when you consider the great talent the Penrith Cricket Club has produced shows what a tremendous achievement he has accomplished.

The award is voted by the match umpires who award points on a 3-2-1 basis and saw Patrick win the medal four points ahead of second place Scott Coyte from the Campbelltown-Camden Cricket Club.

Scoring 562 runs in 15 innings, those figures included two centuries, three half centuries and a top score of 100 runs. Equally impressive with the ball, Patrick took 38 wickets with his best figures being 6-30 placing him in the top 10 bowlers of the competition.

Not only was Patrick named Player of the Year, he was also named Captain of the Sydney Grade Cricket Team of the Year. The Team of the Year comprises the top six batsmen, top four bowlers and the leading wicketkeeper from the Belvidere Cup and First Grade Limited Overs competitions.

On behalf of Penrith City, congratulations on being awarded the O’Reilly Medal. We wish you and the Penrith Cricket Club every success for the future.

Councillor Ross Fowler OAM Mayor

Recommendati on

RECOMMENDATION

That the Mayoral Minute on Patrick Jackson: First Penrith cricketer to win O'Reilly Medal be received.

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Ordinary Meeting 23 June 2014

4 - 2014 Australasian R eporti ng Awards Mayoral Minute

2014 Australasian Reporting Awards

Strategy: Provide opportunities for our community to participate in making decisions about the City's future

I commend Penrith City Council’s success at the 2014 Australasian Reporting Awards – Celebrating Excellence in Reporting. The 2012-2013 Annual Report received a Silver Award in recognition of the exceptional coverage provided and the overall quality of the document.

This award continues Council’s success in reporting over the past few years; in 2009 we received a Silver Award and we have been the recipient of Bronze Awards in 2010, 2011, 2012 and 2013.

The Annual Report provides a summary of Council’s progress towards an environmentally, socially and economically sustainable City, and Council’s performance in managing its budgets and delivering programs and services.

I’d like to congratulate the team involved in preparing the 2012-2013 Annual Report and thank everyone who provided information. In particular I’d like to recognise the efforts of Corporate Development Coordinator, Allegra Zakis, who played an integral role in this project.

Councillor Ross Fowler OAM Mayor

Recommendati on

RECOMMENDATION

That the Mayoral Minute on 2014 Australasian Reporting Awards be received.

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Ordinary Meeting 23 June 2014

5 - Prestigious award for Neighbour hood R enewal pr oject Mayoral Minute

Prestigious award for Neighbourhood Renewal project

Strategy: Support cultural development, activating places and creativity

Penrith City Council’s, Neighbourhood Renewal Program recently won the award for Community Participation in Arts and Culture: Young People at the 10th Annual Local Government Arts and Cultural Awards ceremony held at NSW Parliament House.

The award recognised the collaborative project “Wearing the Crown” that was developed by the Neighbourhood Renewal Program with the Information and Cultural Exchange, Chifley College Dunheved Campus, Werrington Youth Centre, North St Marys Neighbourhood Centre, Werrington Public School, Werrington Community Project and St Marys North Public School. The ‘Wearing the Crown’ project led to the production of a range of original creative works including Hip Hop songs and music clips, digital flipbooks on Werrington as well as a digital comic book by young people. A music clip, ‘4 Strong Girls’ was a highlight of the project.

The Neighbourhood Renewal Program has been developed to regenerate older established neighbourhoods in creative ways through partnership with local residents. This award winning project focused on engaging children and young people in a creative conversation about their experiences of place and their personal dreams and aspirations for their community.

As a result of this project, more than 140 young people contributed to the Neighbourhood Action Plans for Werrington and North St Marys and the delivery of targeted resources for those communities. School representatives reported that participants displayed an increase in self confidence and positive self expression from their experiences of civic engagement through the ‘Wearing the Crown’ project.

The Local Government Arts and Culture Awards were strongly contested this year with over 100 nominations received and Penrith’s Arts Kids Program was also shortlisted for their work in Aboriginal Cultural Development. The award reflects that the ‘Wearing the Crown’ project is an outstanding example of youth participation in local government decision making.

Councillor Ross Fowler OAM Mayor

Recommendati on

RECOMMENDATION

That the Mayoral Minute on Prestigious award for Neighbourhood Renewal project be received.

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THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY

REPORTS OF COMMITTEES

Item Page

1 Report and Recommendations of the Local Traffic Committee Meeting held on 2 June 2014 1

Ordinary Meeting 23 June 2014

Reports of Committees 1 - R eport and Recommendations of the Local Traffic C ommittee Meeti ng hel d on 2 June 2014 REPORT AND RECOMMENDATIONS OF THE LOCAL TRAFFIC COMMITTEE MEETING HELD ON 2 JUNE, 2014

PRESENT David Drozd – Acting Traffic Engineering Co-ordinator (Chairperson), Wayne Mitchell – Executive Manager Environment & City Development, Daniel Davidson – Traffic & Road Safety Officer, Graham Green – Senior Traffic Engineer, Councillor Marcus Cornish, Bernie Meier – Signs and Line Marking Officer, Joshua Hull – Trainee Engineer, Michael Alderton – Acting Engineering Services Manager, Ruth Byrnes – Senior Traffic Officer, Senior Constable Mark Elliott – St Marys Police.

IN ATTENDANCE Steven Purvis – Ranger, James Murray – Senior Constable – Penrith Police.

APOLOGIES Apologies were accepted from Councillor Jackie Greenow OAM, Councillor Karen McKeown, Mr Bart Bassett MP – Member for Londonderry, Councillor Tricia Hitchen – Representative for the Member for Penrith, Mark Holmes - Representative for the Member for Mulgoa, Sergeant Matt Shirvington – Penrith Police, Adam Wilkinson – Engineering Services Manager, James Suprain – Roads and Maritime Services.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 5 May 2014 The minutes of the Local Traffic Committee Meeting of 5 May 2014 were confirmed.

DECLARATIONS OF INTEREST There were no declarations of interest.

DELIVERY PROGRAM REPORTS

OUTCOME 3 - WE CAN GET AROUND THE CITY

1 Grays Lane, Cranebrook - Proposed Enhancements to the Intersection at the Parking/Access Road for Samuel Terry Public School LTC Comment The Acting Engineering Services Manager and Councillor Marcus Cornish asked if there was any consideration being given to the “No Stopping” restrictions being time limited. The Acting Traffic Coordinator advised that “No Stopping” was the most suitable parking restriction due to P&C evening meetings and tutoring events that take place at Samuel Terry Public School outside of school hours and that consultation had already taken place with the resident of 108 Grays Lane concurring with the proposed restrictions. Councillor Marcus Cornish requested that the proposed restrictions be reviewed in six months and added that a ‘left in/left out’ arrangement would be more suitable when exiting the laneway from the school onto Boundary Road. The Acting Traffic Coordinator advised that the school is remodelling their internal car park and that once this has been completed, a review of the school parking situation, after October 2014, will be brought back to the LTC.

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RECOMMENDED That: 1. The information contained in the report on Grays Lane, Cranebrook - Proposed Enhancements to the Intersection at the Parking/Access Road for Samuel Terry Public School be received. 2. Consultation be undertaken with the School Principal and affected residents and any substantial objections referred back to the Local Traffic Committee for consideration. 3. Subject to no substantial objections, 30m of “No Stopping” be provided opposite the T-intersection on the eastern side of Grays Lane, as shown in Appendix 1. 4. Approximately 11m of existing double-barrier lines be removed (ground out) on Grays Lane, as shown in Appendix 1. 5. A “Give Way” sign and dashed TB holding line be installed at the intersection as shown in Appendix 2. 6. Samuel Terry Public School be notified of Council’s resolution. 7. A review of the Samuel Terry Public School’s parking, including left in/left out access to Boundary Road be conducted post October 2014 with a further report brought to Local Traffic Committee.

2 Harwood Circuit, Glenmore Park - Proposed "No Stopping" Restrictions at Intersection with Kenneth Slessor Drive RECOMMENDED That: 1. The information contained in the report on Harwood Circuit, Glenmore Park - Proposed "No Stopping" Restrictions at Intersection with Kenneth Slessor Drive be received. 2. 10m of “No Stopping” be provided on the north-eastern and south-western sides of the intersection of Kenneth Slessor Drive and Harwood Circuit, Glenmore Park, as shown in Appendix 1. 3. Affected residents and Busways be notified of Council’s decision.

3 Panthers Nepean Triathlon - Sunday, 26 October 2014 LTC Comment The Senior Traffic Officer advised that the Roads and Maritime Services and Police have concurred with the amended route of the Panthers Nepean Triathlon. RECOMMENDED That: 1. The information contained in the report on Panthers Nepean Triathlon - Sunday, 26 October 2014 be received. 2. The event applicant be advised that this is a Class 2 Event under the “Guide

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to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified must be complied with prior to the event. 3. The Traffic Management Plan be approved for the temporary closure of Old Castlereagh Road, Castlereagh from the roundabout with Andrews Road; and Castlereagh Road, Castlereagh from Andrews Road to just south of Rickard Road, Agnes Banks from 7.00am to 10.00am on Sunday, 26 October 2014 for the cycle leg of the Panthers Nepean Triathlon, subject to the following conditions:

a. A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with the Roads and Maritime Services for approval, prior to the event. A copy of the Roads and Maritime Services approval must be submitted to Council prior to the event. b. The event applicant obtain separate approval from the NSW Police and submit a Schedule 1 Form under the Summary Offences Act to the NSW Police prior to the event. A copy of the NSW Police approval must be submitted to Council prior to the event. c. The applicant consult in person with all affected residents and businesses regarding the proposed closures. d. The event applicant submit 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 indemnify Council in writing against all claims for damage and injury which may result from the proposed event. e. A detailed Traffic Control Plan be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the event. The Traffic Control Plan shall detail how a minimum 4.0m emergency lane is maintained at all times during the event. f. The event applicant arrange to place barricades and provide Roads and Maritime Services accredited Traffic Controllers where required by the approved Traffic Management Plan. 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. g. The event applicant provide 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. h. The event applicant advertise the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event, and provide variable message signs (VMS) in appropriate locations a minimum of two weeks 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. i. The event organiser notify Ambulance (Ambulance Service of NSW) and Fire Brigade (NSW Fire Brigade and Rural Fire Service) and State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

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j. The event applicant notify private bus companies of the proposed event and submit 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. 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 ensure that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulation 2000. m. The event applicant ensure that competitors obey road rules and Police directions during the event. 2. All works as part of this approval be conducted at no cost to Council. 3. The applicant be advised of Council’s resolution.

4 Regatta Park, Emu Plains - "Bicentenary of the Crossing - The Building of the Road" - Sunday, 20 July 2014 RECOMMENDED That: 1. The information contained in the report on Regatta Park, Emu Plains - "Bicentenary of the Crossing - The Building of the Road" - Sunday, 20 July 2014 be received. 2. The event organisers 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. 3. The Traffic Management Plan be approved for the route from Regatta Park, York Street, Napier Avenue, Imperial Avenue, the Great Western Highway to the Arms of Australia Inn, Emu Plains on Sunday, 20 July 2014 from 10.00am to 11.00am for the “Bicentenary of the Crossing – The Building of the Road”, subject to the following conditions:

a. The event organisers submit to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million. In addition, the event organisers indemnify Council in writing against all claims for damage and injury which may result from the proposed event. b. The event organisers obtain separate approval from the NSW Police and submit a Schedule 1 Form under the Summary Offences Act to the NSW Police. A copy of the NSW Police approval be submitted to Council prior to the event. The organisers ensure that participants obey all Police directions and road rules during the event. c. Where Traffic Controllers are to be used, all Traffic Controllers have current Roads and Maritime Services certification. d. The event organisers deliver an information letterbox drop and personal communication to all business proprietors, property

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owners/tenants, residents and other occupants in the affected streets two weeks prior to the event. Any concerns or requirements must be resolved by the organisers or referred back to Council for consideration. Such matters must be resolved prior to the event proceeding. e. The event organisers notify bus companies of the proposed event and submit a copy of this notification to Council prior to the event. f. The event organisers notify ambulance and fire brigade (NSW Fire Brigade and Rural Fire Services) and State Emergency Services of the proposed event and submit a copy of this notification to Council prior to the event. 4. The event organisers be advised of Council’s resolution.

5 Russell Street and Bromley Road, Emu Heights - Proposed Provision of "No Stopping" Restrictions LTC Comment The Acting Engineering Services Manager asked if affected residents were to be consulted instead of notified and was advised that, due to the safety risks associated with the corner of Russell Street and Bromley Road, the implementation of 30m of “No Stopping” would be notified instead of consulted. Councillor Marcus Cornish suggested that the separation linemarking in Russell Street at Bromley Road should have a “return” to the kerb, and was advised by the Acting Traffic Engineering Coordinator that, due to RMS delineation requirements, the linemarking is required to remain unchanged for consistency across the Local Government Area. The Penrith Police representative also concurred that the intersection linemarking is appropriate and should not be changed. Councillor Marcus Cornish advised that buses are stopping and parking for up to two hours in Russell Street, outside the skating rink, which is causing traffic issues for exiting vehicles in Pullman Place. The Acting Traffic Engineering Coordinator advised that Council will speak with Busways regarding the issue of buses laying over for extended periods outside the skating rink on Russell Street. RECOMMENDED That: 1. The information contained in the report on Russell Street and Bromley Road, Emu Heights - Proposed Provision of "No Stopping" Restrictions be received. 2. 15m “No Stopping” zones and a 30m “No Stopping” zone be provided at the corners of Russell Street and Bromley Road, as shown on Appendix 1. 3. Affected businesses fronting the corners of Russell Street and Bromley Road be notified of Council’s resolution. 4. Council write to Busways regarding buses laying over outside the skating rink on Russell Street, Emu Heights requesting whether an alternate location is available to them.

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6 High Street, Penrith - Results of Stakeholder Consultation regarding Proposed Changes to Civic Centre Car Park RECOMMENDED That: 1. The information contained in the report on High Street, Penrith - Results of Stakeholder Consultation regarding Proposed Changes to Civic Centre Car Park be received. 2. Current parking restrictions in the Penrith Civic Centre car park be retained without change. 3. Joan Sutherland Performing Arts Centre Management and Council’s Rangers be advised of Council’s resolution. 4. Council note the information.

GENERAL BUSINESS

GB 1 Blacktown Road and Richmond Road, Londonderry – Intersection Improvements (Raised Council) LTC Comment The Roads and Maritime Services have provided Council with design plans for intersection upgrades proposed for Blacktown Road and Richmond Road, Londonderry to provide a pair of dual lane roundabouts. The proposal includes the removal of the sliplane exiting George Street onto Richmond Road. Councillor Marcus Cornish suggested that the removal of the slip lane may cause further traffic congestion. The Executive Manager Environment & City Development advised that the removal of the slip lane would assist merging traffic entering Richmond Road wishing to exit the next roundabout turning right onto The Northern Road, Londonderry. Councillor Marcus Cornish suggested that the use of the Flood Evacuation road could be used to alleviate further congestion and the Acting Traffic Engineering Coordinator advised that this road would not be used as it would create a ‘rat-run’ through residential streets in Bligh Park. Council’s Acting Traffic Engineering Coordinator also advised that the possibility of a right turn restriction from Bennett Road into Blacktown Road will be reviewed once the dual roundabouts are in operation as it would be a safety issue to ban the turn now and place further strain on an existing Blackspot at the Northern Road/Richmond Road/George Street intersections. RECOMMENDED That: 1. Council note the information. 2. A right turn ban be considered at Bennett Road, into Blacktown Road once upgrade works are completed at the Northern Road/Richmond Road/George Street intersections and a further report be brought back to the Local Traffic Committee.

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GB 2 Harris Street, St Marys – Proposed Reinstatement of “No Parking” Restrictions (Raised Council) The Acting Traffic Engineering Coordinator advised that Council has received a request from Plastiflex located at 19-23 Harris Street, St Marys for the reinstatement of the “No Parking” signage located at the entry driveway of their business and the entry driveway of the commuter car park next door as vehicles are parking across both driveways and therefore inhibiting deliveries to Plastiflex. RECOMMENDED That “No Parking” signage 6m east of the driveway to 19-23 Harris Street, St Marys and 2m west be reinstated and that the business owner be advised of Council’s resolution.

GB 3 Jaegar Street/Lakeview Drive and Nightjar Close/Lakeview Drive, Waterside – Traffic Incident (Raised Councillor Marcus Cornish) Councillor Marcus Cornish advised he attended a traffic incident that took place at the intersection of Jaegar Street/Lakeview Drive/Nightjar Crescent, Waterside and requested a review of the intersection with the potential to implement “Give Way” signage. RECOMMENDED That Council investigate the matter.

There being no further business the Chairperson declared the meeting closed the time being 10.15am. Recommendati on

RECOMMENDATION That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 June, 2014 be adopted.

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DELIVERY PR OGR AM REPORTS DELIVERY PROGRAM REPORTS

Item Page

OUTCOME 2 - WE PLAN FOR OUR FUTURE GROWTH

1 Proposed Corridor for South West Rail Link Extension - Council's Submission 1

2 Development Application DA14/0072 for Attached Dual Occupancy at Lot 11 DP 1097496, (No. 44) Russell Street, Emu Plains Applicant: Zac Homes Pty Ltd; Owner: ~Zac Homes Pty Ltd Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 7

3 Development Application DA14/0387 for Demolition of Existing Dwelling & Construction of Medical Centre at Lot 22 DP 31239, (No. 2) Hope Street, Penrith Applicant: McKay Architects; Owner: ~Dr Yasser Khatib Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 14

4 Section 96 Application DA08/1223.02 for Modification of Condition 36 requiring Payment of Section 94 Contributions at Lot 2 DAP 1130750 at (No. 56) Second Avenue, Kingswood Section 96 Application DA13/0161.02 for Deletion of Condition 40 requiring Payment of Section 94 Contributions at Lot 14 DP 850402, Great Western Highway, Kingswood Applicant: University of Western Sydney; Owner: ~University of Western Sydney Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 30

5 Development Application DA13/1432 Construction of a front fence, entry feature and filling works at Lot 122 DP 709303 (Nos. 41-47) Jolly Street, Castlereagh Applicant: Mr & Mrs Gosling; Owner: ~Mr & Mrs Gosling Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 37

OUTCOME 4 - WE HAVE SAFE, VIBRANT PLACES

6 Relocation of NSW Sport and Recreation Offices to Penrith 55

OUTCOME 5 - WE CARE ABOUT OUR ENVIRONMENT

7 Swimming Pools Registration Program 59

8 Hawkesbury-Nepean Valley Flood Management Review by the NSW Government 64

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

9 Parks and Leisure Association Annual Conference 2014 79

OUTCOME 7 - WE HAVE CONFIDENCE IN OUR COUNCIL

10 Adoption of Council's 2014-15 Operational Plan and Fees & Charges 2014-15 83

11 Making of the Rate 94

12 Proposed Permanent Closure of Part of Ninth Avenue, Llandilo 96

13 Proposed Permanent Closure of Maurice Lane, St Clair 100

14 Proposed Compulsory Acquisition of Council land by Roads and Maritime Services and Early Entry Permit - Part Lot 2 DP 580256 - Old Ferry Road, Penrith - Nepean River Green Bridge 104

15 Local Government NSW Annual Conference 2014 108

16 ALGWA 2014 114

17 Insurance Renewals 2014-15 118

18 Federal Budget Announcements 123

19 Pecuniary Interest Returns 125

20 Digital Economy Strategy and Smart Work Hub Update 127 This item has been moved to the Committee of the Whole session of Council.

21 Summary of Investments and Banking for the period of 1 May - 31 May 2014 131

OUTCOME 1 - WE CAN WORK CLOSE TO HOME

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

THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY

OUTCOME 2 - WE PLAN FOR OUR FUTURE GROWTH

Item Page

1 Proposed Corridor for South West Rail Link Extension - Council's Submission 1

2 Development Application DA14/0072 for Attached Dual Occupancy at Lot 11 DP 1097496, (No. 44) Russell Street, Emu Plains Applicant: Zac Homes Pty Ltd; Owner: ~Zac Homes Pty Ltd Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 7

3 Development Application DA14/0387 for Demolition of Existing Dwelling & Construction of Medical Centre at Lot 22 DP 31239, (No. 2) Hope Street, Penrith Applicant: McKay Architects; Owner: ~Dr Yasser Khatib Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 14

4 Section 96 Application DA08/1223.02 for Modification of Condition 36 requiring Payment of Section 94 Contributions at Lot 2 DAP 1130750 at (No. 56) Second Avenue, Kingswood Section 96 Application DA13/0161.02 for Deletion of Condition 40 requiring Payment of Section 94 Contributions at Lot 14 DP 850402, Great Western Highway, Kingswood Applicant: University of Western Sydney; Owner: ~University of Western Sydney Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 30

5 Development Application DA13/1432 Construction of a front fence, entry feature and filling works at Lot 122 DP 709303 (Nos. 41-47) Jolly Street, Castlereagh Applicant: Mr & Mrs Gosling; Owner: ~Mr & Mrs Gosling Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter. 37

Ordinary Meeting 23 June 2014

Outcome 2 - We plan for our futur e growth 1 - Proposed C orridor for South West R ail Li nk Extension - C ouncil's Submission

1 Proposed Corridor for South West Rail Link Extension - Council's Submission

Compiled by: Abdul Cheema, City Planning Coordinator Elizabeth Hanlon, Senior Planner Authorised by: Paul Grimson, City Planning Manager

Outcome We plan for our future growth Strategy Protect the City's natural areas, heritage and character Service Activity Maintain a contemporary framework of land use and contribution policies, strategies and statutory plans

Executive Summary On 28 April 2014, the State Government announced its intention to protect a future corridor to extend the South West Rail Link. At the same time, Transport for NSW released a report entitled South West Rail Link Extension – Public transport corridor protection to seek input from stakeholders and the community about the location of the proposed Corridor and proposed stations. As submissions were due by 6 June 2014, Council officers prepared an interim submission based on Councillors input and the approach outlined at the Councillor Briefing of 2 June 2014. A copy of the submission is attached.

The submission strongly supports the proposed Corridor as part of a broader plan for Western Sydney that will connect the Growth Centres and the Broader Western Sydney Employment Area to Western Sydney’s regional cities and major centres. In particular, the proposed Corridor will play a vitally important role in providing north-south cross regional connections, which are essential to the continued development of Penrith as the Regional City for the West and to improve access to jobs, education and services. The proposed Corridor will also help to address much needed public transport infrastructure and services for existing urban areas, as well as for future planned growth, irrespective of the construction of Sydney’s second airport at Badgerys Creek.

The purpose of this report is to seek Council’s endorsement of the submission.

Following this initial feedback and the completion of more detailed work, Transport for NSW will be seeking further input from stakeholders and the community, which will focus on specific alignment options. This second round of consultation is expected to occur later in 2014.

Background In April 2014, the Federal and State Governments made three key announcements in relation to the new Western Sydney Airport, the Western Sydney Infrastructure Plan and the proposed Corridor for the South West Rail Link Extension (the Corridor). This report specifically relates to the proposed Corridor for the South West Rail Link Extension.

Transport for NSW has been consulting stakeholders and the community about the location of the proposed Corridor and proposed stations. Submissions on the first stage of consultation were due by 6 June 2014. Following initial feedback and the completion of more detailed work, a second stage of consultation will be undertaken. This second stage will focus on specific alignment options and is expected to occur later in 2014.

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Council has made a number of submissions to State Government in recent years on key policy documents affecting the City of Penrith and Western Sydney, which are relevant to the proposed Corridor. These include the NSW Long Term Transport Master Plan, the Draft Metropolitan Strategy for Sydney 2031 and the Draft Broader Western Sydney Employment Area Structure Plan.

The key messages in these submissions relating to transport are as follows: It is vitally important that north-south cross regional public and private transport linkages are provided in the Penrith region and in Western Sydney generally. These linkages are essential to the continued development of Penrith as the Regional City for the West and to improve access to jobs in the adjoining subregions. The State Government must identify and reserve strategic transport corridors to connect the North West and South West Rail Links through the Broader Western Sydney Employment Area (BWSEA) and also to connect regional centres, the Growth Centres and Penrith to facilitate the future provision of fast mass transit facilities. Freight transport is vital to the continued viability and prosperity of the Penrith area and Western Sydney. The State Government should adopt a range of initiatives aimed at maximising the reduction of road freight movements on metropolitan roads through the development of intermodal facilities, dedicated freight lines and resolution of the second Sydney airport issue. The State Government should particularly commit to the delivery of both intermodal facilities including the second intermodal facility on the western side of BWSEA to service freight rail from Port Kembla and Newcastle associated with the Outer Sydney Orbital. Investment in, and development of, intermodal freight facilities within the BWSEA would also act as a driver for economic growth and employment. Adequate land should be reserved for the Outer Sydney Orbital (M9) in a dedicated access corridor, with the access corridor providing sufficient land for all modes of transport including motorway, passenger rail and freight rail transport. A link should be provided from BWSEA back into Penrith railway station via a dedicated transit way.

While these key policy documents will need to be revised to reflect the Federal and State Government’s recent announcements, the above key messages or principles are reiterated in Council’s submission on the proposed Corridor. These principles are also discussed later in this report.

Council’s submission also refers to the National Growth Area Alliance’s An Action Plan for Addressing Skills and Employment Gaps in Outer Metropolitan Growth Areas. This Plan acknowledges that government investment in infrastructure is an important corollary to job catalysts. It can extend the impact of catalysts such as a new hospital or university campus. The liveability of a place is inherently influenced by its accessibility by public transportation. The liveability, and therefore the employment circumstances of outer Western Sydney, is affected by the absence of intra-regional transportation networks between the north-west and south-west.

Accordingly, our submission is built on promoting north-south cross regional connections that link the North West and South West Growth Centres to the BWSEA and the Penrith

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Economic Corridor (including the Penrith Health and Education Precinct (PHEP) and Penrith City Centre); as broadly illustrated in Attachment 1.

Proposed Corridor for the South West Rail Link Extension Transport for NSW has released a report entitled South West Rail Link Extension – Public transport corridor protection. The report provides “an overview of a future public transport corridor to serve Western Sydney, including the South West Growth Centre, the Broader Western Sydney Employment Area and the second Sydney Airport at Badgerys Creek”. As an overview, it only contains general information. Attachment 2 outlines the structure and content of Transport for NSW’s report. The report also states that “together with further environmental, land use and engineering investigations, your comments on the proposed corridor and station locations will help us define a specific alignment. The specific alignment will be brought back to the community and affected landowners for further consultation”.

The proposed Corridor is for public transport, not for freight, and connects to the end of the South West Rail Link at Leppington. It extends from Leppington to Bringelly and then heads in two directions: north to the Western Line near St Marys and south to Narellan. A corridor width of 40-60 metres is proposed; 60 metres being required to accommodate stations. Core stations are proposed at locations within the South West Growth Centre (Rossmore, Bringelly, North Bringelly, Oran Park and Narellan), as well as at Badgerys Creek. The report indicates that the Corridor could include additional stations, informed by community and stakeholder feedback. Attachment 3 shows the general location of the Corridor and core stations. Attachment 4 shows the key centres and centre types proposed to be connected by the Corridor.

The report identifies the following benefits of the Corridor: Provides new cross-regional connectivity between the Main South Rail Line, the core of the South West Growth Centre, the BWSEA, the second Sydney airport and the Western Rail Line, connecting to Parramatta, Penrith and potentially to the North West Growth Centre in the long term; Provides access to jobs in and around the second Sydney airport and the BWSEA from major residential catchments in the South West Growth Centre and in the Penrith and Parramatta catchments; Serves the second Sydney Airport; Lessens growth pressure on road infrastructure and the Main South Rail Line; and Supports a networked city and balanced residential and jobs growth.

The report indicates that the Corridor will be protected through the use of two State Environmental Planning Policies (SEPPs) – SEPP (Sydney Region Growth Centres) 2006 and SEPP (Infrastructure) 2007. That part of the Corridor within the Penrith local government area will be protected under the Infrastructure SEPP. This SEPP requires Council to obtain the concurrence of Transport for NSW for certain types of development within or adjacent to the Corridor.

Transport for NSW has advised that the timeframe for protecting the Corridor is by the end of 2014.

While the intention is that heavy rail will operate within the Corridor, a decision on the public transport mode (i.e. light versus heavy rail) is still to be made based on further detailed analysis. The State Government intends to eventually acquire all land required for public

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transport purposes, when a specific project has been approved and funds have been made available for acquisition.

Overview of Submission To assist in preparing Council’s submission, Council officers have held discussions with Transport for NSW, as well as a number of stakeholders including other relevant councils and the University of Western Sydney (UWS).

The submission strongly supports the proposed Corridor as it will play a vitally important role in providing north-south cross regional connections in the Penrith region and in Western Sydney generally, including through the BWSEA. These connections are essential to the continued development of Penrith as the Regional City for the West and to improve access to jobs, education and services across the region. The proposed Corridor is also strongly supported as it will help to address much needed public transport infrastructure and services for existing urban areas, as well as for future planned growth, irrespective of the construction of Sydney’s second airport at Badgerys Creek.

Principles for a Rail Corridor Council’s submission promotes a number of key principles to guide the form and location of the proposed Corridor, including the following: The final alignment of the Corridor must maximise development opportunities for economic growth and employment. It must connect the significant employment generating and region shaping potential of Sydney Science Park and PHEP. The intersection of the Corridor with the Western Rail Line must support the growth of Penrith as a Regional City. The provision of a ‘Y Link’ to enable direct connection to the Penrith City Centre is recommended. The delivery of the proposed Corridor to the north of Bringelly must be accelerated to help stimulate economic growth and employment, particularly within the BWSEA, including Sydney Science Park, and the PHEP. A station must be located at the ‘Town Centre’ in the draft BWSEA Structure Plan (i.e. at Sydney Science Park). A corridor for a spur line to service the remainder of the BWSEA should also be identified and protected. The proposed Corridor must extend to the North West Rail Link to connect the North West and South West Growth Centres to Penrith and BWSEA. The proposed Corridor should also extend south of Narellan to connect to the Main South Rail Line. Performance on the Western Rail Line must be optimised, including accelerating the frequency and speed of services and synchronising services with those on the North West and South West Rail Lines. St Marys station should be the key interchange between the Western Rail Line and the North West and South West Rail Lines. The need to provide a corridor for passenger rail transport separate to a corridor for the co-location of freight rail transport and the Outer Sydney Orbital is supported, given their different requirements and impacts. The corridor for freight rail transport and the Outer Sydney Orbital must reserve sufficient land to enable a second intermodal facility to be developed on the western side of BWSEA to service freight rail from Port Kembla and Newcastle. The proposed Corridor must be designed for future needs, including ensuring it is sufficiently wide to accommodate additional stations and has sufficient

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capacity built into the Western Rail Line to enable connection to the North West Rail Link. To deliver appropriate transport infrastructure and services for Penrith and Western Sydney communities, there must be a coordinated approach to governance and decision making across all levels of government in relation to all modes of transport across the region.

Location of Proposed Corridor and Proposed Stations Taking into account the above principles, Council’s submission recommends a preferred location for the proposed Corridor through the City of Penrith; i.e. through the BWSEA connecting to the PHEP and then to the North West Rail Link and Growth Centre, as broadly shown in Attachment 5. Council’s submission also recommends provision for the following: A station at the location of the ‘Town Centre’ in the draft BWSEA Structure Plan (i.e. at Sydney Science Park); A spur line to service the remainder of the BWSEA; A station within the PHEP; A ‘Y Link’ where the Corridor intersects with the Western Line to enable a direct connection to Penrith City Centre; and An upgrade to St Marys station to recognise its role as the key interchange between the Western Rail Line and the North West and South West Rail Lines.

The submission further recommends that the proposed Corridor include protection for another station in the BWSEA in the medium term.

The full submission is included in Attachment 6.

Next Steps Subject to Council’s endorsement of the attached submission, it is intended to immediately write to Transport for NSW advising of Council’s endorsement and any other issues identified by Councillors at tonight’s meeting.

It is also proposed to provide a copy of Council’s final submission to NSW Planning and Environment, as well as other relevant councils, UWS, WSROC and local State Members of Parliament to promote joint advocacy on this important project.

Recommendati on

RECOMMENDATION That: 1. The information contained in the report on Proposed Corridor for South West Rail Link Extension - Council's Submission be received. 2. Council endorse the attached submission on the location of the proposed Corridor and proposed stations, together with any additional issues identified by Councillors, as the basis for a final submission to Transport for NSW. 3. A copy of the final submission be provided to NSW Planning and Environment, other relevant councils, UWS, WSROC and local State Members of Parliament.

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ATTACHMENTS/APPENDICES 1. Connecting People and Jobs 1 Page Attachments Included 2. Structure and Content of Transport for NSW's Report 1 Page Attachments Included 3. Proposed Corridor and Core Stations 1 Page Attachments Included 4. Key Centres and Centre Types 1 Page Attachments Included 5. Preferred Location for the Proposed Corridor and 1 Page Attachments Stations Included 6. Council's Submission on South West Rail Link Corridor 8 Attachments Extension Pages Included

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2 - D evel opment Applicati on DA14/0072 for Attached Dual Occupancy at Lot 11 D P 1097496, (No. 44) R ussell Street, Emu Plai ns

2 Development Application DA14/0072 for Attached Dual Occupancy at Lot 11 DP 1097496, (No. 44) Russell Street, Emu Plains Applicant: Zac Homes Pty Ltd; Owner: Zac Homes Pty Ltd

Compiled by: Clare Aslanis, Graduate Environmental Planner Authorised by: Paul Lemm, Development Services Manager

Outcome We plan for our future growth Strategy Facilitate development that encourages a range of housing types Service Activity 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 a development application for the construction of a single storey attached dual occupancy on Russell Street, Emu Plains.

The proposed dual occupancy development is permissible in the zone however the lot is burdened by a Section 88b restriction pursuant to the Conveyancing Act 1999 which provides development restrictions. The applicant is seeking variations to this 88b Instrument in order for the development to be determined and as Council is the nominated authority within the 88b Instrument to release, vary or modify this document, the application is reported to Council.

The dwelling achieves the objectives of the Penrith Local Environmental Plan 1998 (Urban Land) by providing a design that is compatible with the surrounding area and minimises impacts on adjoining properties. The proposal has demonstrated that it is unlikely to have any significant impacts on achieving the outcomes intended by the planning controls for the property.

It is recommended that the Section 88b Instrument be varied and the attached dual occupancy be approved in the location proposed subject to the included conditions.

Background The site was part of 46 Russell Street, which contains a locally listed heritage item and adjoins another locally listed heritage item. The site was subdivided into 2 lots through DA04/1158, which imposed a number conditions to create covenants to protect the adjoining heritage items and vegetation within their curtilages.

The creation of the subject lot resulted in the formulation of a Section 88b restriction secondly referred to in the Deposited Plan and states the following:

1. The two jacaranda trees must be retained on the lot burdened. 2. No development/building shall be erected or permitted to remain erected on the lot burdened unless

i. The building has a roof pitch no less than 30 degrees ii. The building is limited to single storey and does not include attic rooms,

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iii. The main building is wholly contained within the areas marked “BE” as shown on the abovementioned plan, iv. The development must use vertical proportions for openings visible from Russell Street, and, v. The roof material of the development/building is made from corrugated steel (custom orb).

3. No cut is permitted for the construction of the main building on the land burdened. 4. Any building constructed on Lot 11 that required drainage of stormwater or the like must be done so as to be able to convey its stormwater pipes into the proposed easement burdening Lot 10 which is to be created by the abovementioned plan. 5. Any fence erected on the lot burdened must be approved by Penrith City Council and cannot be constructed of pained steel panels e.g. “colourbond”.

Penrith City Council was nominated as the body empowered to release, vary or modify this restriction. A copy of the 88b restriction and lot creation is attached as Attachment No. 3.

A meeting was held with the applicant to outline a number of issues that existed with the proposal including:

the orientation of the building removal of trees despite covenants for their retention encroachment on the building envelope façade treatment impact on a large Oak tree on the adjoining site and landscaped areas

Amended plans were submitted to address all the above matters.

At a later meeting with the applicant it was confirmed that the application should retain the three Jacaranda trees at the front of the property and provide measures for the protection of the large Oak tree on the adjoining site. The applicant was advised that the proposed dual occupancy is permissible in the zone and the Section 88b restriction should not be used as a mechanism to deny an assessment on merit from taking place. Based on the plans submitted at this meeting it seemed that the applicant had made reasonable efforts to overcome the site issues. In respect to the 88b Instrument the applicant’s submission is attached in Attachment No. 4.

Site and Surrounds The site is located on the eastern side of Russell Street approximately 50 metres from the corner of the Great Western Highway (see Locality Plan – Attachment No.1). The site has a 15.5m frontage and has a total area of 600.2m2 and is regular in shape.

The site is currently vacant with the exception of 5 trees, 2 of which are proposed to be removed. Development in the area is predominately low to medium density residential consisting of single storey dwellings. The site is relatively flat and drainage is proposed to Russell Street.

The proposed development The proposed development includes:

- Construction of a single storey attached dual occupancy. Each unit contains 3

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bedrooms and two bathrooms with a single garage. - Removal of 2 existing trees from the site. - Retention of 3 trees at the front of the property and a suspended concrete slab to protect the large oak tree on the adjoining site. - Related landscaping and stormwater drainage works.

The Development Application has been accompanied by the following related documents:

- Architectural Plans – Zac Homes (See Attachment No.2) - Landscape Plans – Anne L’Heureux Jardins - Arboricultural Impact Assessment – Rboreport Vegetation Management Consultants - Statement of Environmental Effects - Waste Management Plan - BASIX Certificate - Schedule of External Finishes

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.

1. Section 79C(1)(a)(i) - Any Environmental Planning Instrument 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.

Penrith Local Environmental Plan 1998 (Urban Land) (LEP 1998) The subject site is zoned 2(b) Residential (Low Density) under the provisions of LEP 1998. Dual occupancy development is permissible in the zone with development consent. The relevant sections of LEP 1998 are discussed in turn below.

Standard Proposed Compliance Clause 11 550m² for attached 600.5 m2 Complies Minimum allotment dual occupancy size Clause 12(3) 1.8 metres at side The building is wholly Complies Building Envelope boundary with 45⁰ contained within the angle inwards building envelope

Clause 12(3) 3.5 metres 2.5 metres Complies Maximum external wall height Clause 12(3) 40% 41% Complies Landscaping Clause 12(4) Rear 4 metres 6.443 metres Complies setback

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2. Section 79C(1)(a)(iii) – Any Development Control Plan Penrith Development Control Plan 2006 Penrith Development Control Plan (DCP) 2006 Part 4 Section 4.3 – Dual Occupancy is applicable to the site. The following matters for the DCP are noted for discussion.

Front and Rear Setbacks The front and rear setbacks contained in DCP 2006 are consistent with those proposed as a 6.443m rear setback is provided with a 5.5m front setback, which is consistent and comparable with the adjoining Heritage listed cottage.

Driveways and Parking Each 3 bedroom unit is to provide 2 onsite car parking spaces, which is achieved through two single garages and stacked driveway parking.

Landscaped Area The development ensures the long term survival of existing vegetation through the retention of three jacaranda trees at the front of the property and a suspended slab to accommodate the large oak tree on the adjoining site. The development also provides courtyard areas for landscaping at the middle of each unit.

Building Envelope and Side Setbacks The development provides a minimum of 0.9m side setbacks to both side boundaries and the single storey design complies with the building envelope.

Urban Form The proposed dwellings do not front the street as the front entrances to each dwelling are accessed via the sides and living rooms do not face the street nor are they visible from the street as required in the DCP 2006. Due to the proposed development and site constraints, the configuration of the dwellings was unable to achieve these controls.

3. Section 79C(1)(b) – The Likely Impacts of the Development Context and Setting

The proposal is consistent with the existing character of other development in the locality as the setbacks, scale and roof pitches are consistent with other development within close proximity. The proposal is compatible with the surrounding and adjacent land uses and will have no major impact on the amenity of the area as the site is zoned for residential purposes. The proposal will have no adverse impacts on the natural environment as the site is currently vacant with significant trees to be retained.

Access, Parking and Traffic The development satisfies Council’s requirements for the provision of car parking and traffic generated by the development can be accommodated by the capacity of the road system in the locality. The proposal provides driveways for each unit off Russell Street. The development provides adequate distance from the intersection of Russell Street and Great Western Highway to the driveways and does not pose adverse impacts on the safety or manoeuvrability of vehicles.

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4. Section 79C(1)(c) – The Suitability of the Site for the Development The proposal has been designed in a manner consistent with the character of the locality. The site is not identified as bushfire prone, flood prone, or as containing any significant vegetation. For these reasons the site is suitable for the proposed development.

5. Section 79C(1)(d) – Any Submissions made in relation to the Development (i) Internal Referrals The application was referred to the following stakeholders and their comments have formed part of the assessment:

Building Surveyor No objection, subject to conditions Development Engineer No objection, subject to conditions

(ii) Community Consultation

In accordance with Section 2.7 (Notification and Advertising) of Penrith Development Control Plan 2006, this application was notified to nearby owners and occupiers of adjoining properties who were invited to inspect the proposal from 4 February 2014 to 18 February 2014. Council notified ten (10) residences in the area and received no submissions in response.

6. Section 79C(1)(e) – The Public Interest

The proposal provides a development that is compatible with the existing streetscape, with no adverse impacts on the amenity of the area. Whilst the application seeks to vary the 88b Building Envelope restriction, it has been demonstrated that this requirement is unnecessary in the circumstances of the case. The development will provide for additional housing in the area and is therefore in the public interest.

Section 94 Contributions

The following Section 94 Contribution Plans apply to the proposal and the calculations are below: - Penrith City Council Development Contributions Plan Cultural Facilities - Penrith City District Open Space Facilities Development Contributions Plan - Penrith City Local Open Space Development Contributions Plan

S.94 Contribution Plan Contribution Rate (per person) x Total Calculation rate Cultural Facilities 3 x $133 $399 District Open Space 3.1 x $1,797 $5,571 Local Open Space 3.1 x $650 $2,015 Net Total $7,985.00

Conclusion

The proposed development is permissible in the zone and the accompanying document that has been supplied in support of the application has adequately addressed the proposed developments compatibility with the surrounding area. The amended plans will see the retention of established vegetation together with an infill residential development which incorporates architectural articulation to the building which reflects the character of adjoining buildings. The development complies with Councils Local Environmental Plan and Development Control Plan and is considered to be a reasonable development for this

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location. The departures from the Section 88b restriction are considered reasonable and as such they should not be used to inhibit the proposal in its current form. The application is recommended for condition approval and modification to the 88b Instrument. Recommendati on

RECOMMENDATION That: 1. The information contained in the report on Development Application DA14/0072 for Attached Dual Occupancy at Lot 11 DP 1097496, (No. 44) Russell Street, Emu Plains be received. 2. The variation to the covenant numbered 2(iii) referred to in Section 88b of the Conveyance Act 1919 Instrument applying to 44 Russell Street be supported for the reasons outlined in this report. 3. Development Application DA14/0072 for the construction of an attached dual occupancy at Lot 11 DP 1097496 (44 Russell Street, Emu Plains) be approved subject to the following conditions:

A001 Approved plans A008 Works to BCA requirements A009 Residential works DCP A019 Occupation Certificate A046 Issue of Construction Certificate D001 Sedimentation and Erosion Controls D007 Cut and Fill of Land requiring Validation Certificate D009 Covering Waste Storage area D010 Appropriate disposal of excavated or other waste E001 BCA Compliance E005 Smoke detectors-interconnect F006 Water Tank & nuisance G003 Section 73 – Sydney Water G004 Integral energy G005 Rainwater tank – plumbing H001 Stamped plans and erection of site notice H002 All forms of construction H014 Slabs/footings H015 Termites H01F Stamped plans erected of site notice 2 H033 Clothes line H036 Rainwater Tank H037 Safe supply of water from catchment areas H038 Connection of rainwater tank supply H039 Rainwater tank pumps H041 Hours of work (for construction) K016 Stormwater K041 Bond K202 Roads Act (Minor Roadworks) K208 Stormwater discharge (Minor Development) K221 Access, Car Parking and Manoeuvring K501 Roads Authority clearance L001 Approved landscaping plans L002 Landscape Construction L003 Landscaping Report Requirements L005 Planting of plant

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L006 Australian Standard landscaping requirements L007 Tree protection measures L008 Tree preservation order L012 Existing landscaping N001 Section 94 Contributions (Cultural Facilities) N001 Section 94 Contributions (District Open Space) N001 Section 94 Contributions (Local Open Space) P001 Costs P002 Fees associated with Council land Q01F Notice of Commencement & appointment of PCA Q05F Occupation Certificate

ATTACHMENTS/APPENDICES 1. DA14/0072 - Locality Plan 1 Page Attachments Included 2. DA14/0072 - Architectural Plans 3 Pages Attachments Included 3. DA14/0072 - 88b Restrictions 4 Pages Attachments Included 4. DA14/0072 - Applicants Report 4 Pages Attachments Included

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3 - D evel opment Applicati on DA14/0387 for Demolition of Existing D welling & Constructi on of M edical C entre at Lot 22 D P 31239, (No. 2) Hope Street, Penrith

3 Development Application DA14/0387 for Demolition of Existing Dwelling & Construction of Medical Centre at Lot 22 DP 31239, (No. 2) Hope Street, Penrith Applicant: McKay Architects; Owner: Dr Yasser Khatib

Compiled by: Gurvinder Singh, Senior Environmental Planner Authorised by: Paul Lemm, Development Services Manager

Outcome We plan for our future growth Strategy Facilitate development that encourages a range of housing types Service Activity Facilitate quality development that contributes to a growing regional City

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 a development application for the demolition of an existing dwelling and construction of a medical centre for two specialist medical practitioners with associated parking and landscaping. State Environmental Planning Policy (SEPP) (Infrastructure) 2007 permits Health Services Facilities in the zone which includes medical centres.

The application is accompanied by an objection under the State Environmental Planning Policy (SEPP) No.1 - Development Standards, regarding the minimum landscaped area required for the proposed development. The objection is addressed in this report. The application is reported to Council as the variation sought to the landscaped area is more than 25 percent. The development application was placed on public exhibition from 15 to 29 April 2014 and no submissions were received.

The applicant attended a pre-lodgement meeting with Council Officers prior to the lodgement of the development application. The applicant responded to the advice given at that meeting and included information required with the development application.

An assessment of the proposed development has been undertaken under Section 79C of the Environmental Planning and Assessment Act 1979. Council’s Engineering, Traffic, Health and Environment Sections have been consulted and the development application is recommended for approval.

Site and Surrounds The site is located on the south-western corner of the intersection of Hope Street and Parker Street, Penrith (See Locality Plan – Appendix 1). The site is irregular in shape and it has an area of 626sqm. The site has a slope from its south-east rear corner to Hope Street. A single storey dwelling exists on the site. The vegetation on-site comprises of eight trees and shrubs. Nepean Hospital is located to the east of Parker Street around 50m east of the site. The surrounding area to the west of Parker Street is established residential having mainly single dwellings however is proposed to be zoned R4 High Density under Draft Penrith LEP Stage 2. As such substantial population growth is anticipated in the area.

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The Proposed Development The proposed development involves demolition of an existing dwelling and construction of a single storey building to be used as a health services facility for a specialist medical practice to accommodate consulting rooms for two medical orthopaedic specialists and support staff. Site works are proposed to accommodate a car parking area for 8 cars, fencing, free standing signage (1.6m x 0.8m) and landscaping.

The proposed hours of operation are 8.00am and 6.00pm, or part thereof, Monday to Friday, with possible consultations at weekends only in an emergency.

The Development Application was accompanied by the following documents:

a) Statement of Environmental Effects prepared by McKay Architects. b) Site plan, floor plan, sections and elevations prepared by McKay Architects. c) Landscape concept plan prepared by PDLA Landscape Architects. d) Stormwater drainage concept plan prepared by Kneebone, Beretta & Hall Pty Ltd.

(Refer to Appendices No. 2 to 3 for copies of the site plan, floor plan and elevations).

Planning Assessment The proposed development has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, and having regard to those matters the following issues have been identified for further consideration:

Section 79C(1)(a)(i) – The Provisions of any Environmental Planning Instrument State Environmental Planning Policy (SEPP) (Infrastructure) 2007

The aim of SEPP (Infrastructure) is to facilitate the effective delivery of infrastructure across the State by: a) Improving regulatory certainty and efficiency through a consistent planning regime for infrastructure and the provision of services, and b) Providing greater flexibility in the location of infrastructure and service facilities, and c) Allowing for the efficient development, redevelopment or disposal of surplus government owned land, and d) Identifying the environmental assessment category into which different types of infrastructure and services development fall (including identifying certain development of minimal environmental impact as exempt development), and e) Identifying matters to be considered in the assessment of development adjacent to particular types of infrastructure development, and f) Providing for consultation with relevant public authorities about certain development during the assessment process or prior to development commencing.

Clause 57 Development permitted with consent

(1) Development for the purpose of health services facilities may be carried out by any person with consent on land in a prescribed zone.

The prescribed zone applicable to the site is R3 Medium Density Residential which is equivalent to Zone 2(d) Residential (Medium Density) under Penrith (LEP) 1998 (Urban Land).

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Health services facility means a facility used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes the following: a) Day surgeries and medical centre b) Community health service facilities c) Health consulting rooms d) Facilities for the transport of patients, including helipads and ambulance facilities e) Hospitals. The proposal is for a medical centre which is permissible with Council’s consent.

Medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.

State Environmental Planning (SEPP) 64 – Advertising and Signage

A freestanding sign board approximately 1.6m x 0.8m is proposed to be located 1m inside the splayed fence which will display the name and logo of the Practice, phone number and hours of opening. A practice Logo is also intended to be discreetly displayed above the reception windows.

SEPP 64 applies to the proposal as the proposed signage will be visible to the surrounding road network. SEPP 64 aims to ensure that signage is compatible with the desired amenity and visual character of an area, provides effective communication in suitable locations and is of high quality design and finish. SEPP 64 requires that a consent authority must not grant development consent to an application to display signage unless the consent authority is satisfied that the signage is consistent with the objectives of this Policy.

The proposed signage is consistent with the aims and objectives of the SEPP. A condition of consent is recommended that all signage shall be constructed of high quality and durable materials and it shall not incorporate flashing devices (See special condition number 4.0).

Penrith Local Environmental Plan 1998 (Urban Land) The subject site is zoned 2(d) Residential (Medium Density) under Penrith Local Environmental Plan (LEP) 1998 (Urban Land). The proposal is defined as a medical centre which is prohibited in the zone. However, a medical centre is permissible under SEPP (Infrastructure) which overrides Penrith LEP 1998.

The proposal has been assessed having regard to the zone objectives as follows:

i) to reinforce the importance of natural landscape settings and areas with heritage conservation value, and ii) to protect the character of traditional cottage development and streetscapes, and iii) to consolidate population and housing densities, and iv) to expand housing choices by allowing multi-unit housing up to a two storey appearance, and v) to promote a variety of housing types or forms upon each site, and vi) to allow a range of compatible non-residential uses.

The surrounding area is characterised by single dwelling houses with established landscaping and gardens. The proposed development is single storey consistent with the character of the surrounding residential streetscape. A medical centre is a non-residential

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use however the scale of the proposed medical centre is compatible with that of the existing single storey neighbouring dwellings.

The proposal is consistent with the objectives of the zone.

The relevant development standards under the Penrith LEP 1998 (Urban Land) are addressed in the following table:

DEVELOPMENT REQUIREMENT PROPOSED COMPLIANCE STANDARD 1.8 metres from side The proposed building Cl.12 (3) – Building boundary and 45o envelope is within the Yes Envelope height plane required measurement. Cl.12 (3) & (5) – 6.5m under Clause External wall height will External Wall Yes 12(3) vary from 2.7m to 5.5m. Height Cl.12 (3) – 22% landscaped area is No (See 40% Landscaped Area proposed. SEPP1) Cl.12 (4) – Rear The proposed rear 4 metres Yes Setback setback is 4.0m. . Protect local topography, The proposed scale Yes streetscape and and design is character. compatible with the Cl.14 – Design Compatible with existing neighbouring Principles scale and design dwellings and of neighbouring streetscape development.

Clause 28 – Tree Preservation The application seeks approval to remove eight trees on site. The proposed tree removal is supported by an Arborist’s assessment which was assessed by Council’s Tree Management Officer. The Officer has advised that there is no objection to the removal of the trees except for one large palm tree located at the front of the property. However, the retention of this tree will require relocation of the driveway towards the intersection of Hope Street and Parker Street. As Parker Street is a major road, the relocation of the driveway can compromise the safety of the patrons visiting the medical centre. The applicant has proposed to plant four new trees on site. It is recommended that the palm tree at the front of the site shall also be removed.

State Environmental Planning Policy No. 1 – Development Standards (SEPP 1) The proposed development does not comply with Council’s development standard relating to the minimum landscaped area of the site. Clause 12(2) of Penrith LEP 1998 (Urban Land) defines the landscaped area of a site as follows:

Landscaped area, of a site, means that part of the site not occupied by a building and which is predominantly landscaped with gardens, lawns, shrubs and trees and is available for the use and enjoyment of the occupants of the site. It does not include areas used for driveways, parking areas, garbage storage areas or any area less than 2 metres wide, except a verge at least 1 metre wide that is located next to a driveway and landscaped with trees and shrubs, but may include a verandah associated with a landscaped area.

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Clause 12(3) of Penrith (LEP) 1998 (Urban Land) stipulates that in the 2(d) Residential (Medium Density) zone the minimum required landscaped area of a site is 40%. The proposed development includes a landscaped area of 22% representing a proposed variation from the relevant development standard of 45%.

The application was accompanied by a written objection to the landscaped area development standard under the provisions of SEPP 1. SEPP 1 enables Council to approve a development that does not comply with a particular development standard where in the circumstances of the case the applicant can demonstrate compliance with the standard to be unreasonable or unnecessary.

The applicant has lodged the objection on the grounds that “health care consulting rooms” is a permitted use with development consent in the zone but in the “Definitions” Part of the LEP “health care consulting rooms means a dwelling house used by not more than 3 health care professionals”. Although the use of the proposed premises complies with the definition, it is prohibited by not occupying an existing dwelling. The proposed health services facility is for new premises of a residential scale and designed as a facility for two practitioners and does not have the compromised internal layout of an existing house.

Section 12, Table 4 of the LEP nominates 40% of the site area to be landscaped in Zone No. 2(d) Residential (Medium Density). The proposal provides 22% of the site area as landscaping as defined. The reduction is due to the extent of readily accessible car parking area provided as required for an efficient access for patients and also in compliance with the requirements for parking.

Although there is a comparative reduction in landscaped area provided, the areas as provided are strategically located to optimise visual enhancement and screening from the streets and also provide the required 4m wide landscaped rear corridor for the premises. In the proposal, a balance of visual screening of cars and amenity for patients and safe and sufficient car parking has been achieved on the site.

The objectives of the minimum landscape area are to achieve an appropriate separation between buildings, preserve private open space corridors, minimise the impact of loss of privacy, overshadowing and loss of views by requiring sufficient space on-site for effective landscaping. The proposal maintains an open space corridor along the rear fence line in keeping with the adjoining properties. The applicant’s objection is consistent with the aims of SEPP1. The SEPP1 objection has adequately addressed the relevant matters and has demonstrated that compliance with the prescribed minimum landscaped area would be unreasonable and unnecessary in the circumstances of the case.

Sydney Regional Environmental Plan (SREP) No. 20 – Hawkesbury-Nepean SREP No. 20 applies to the subject land and stipulates that the consent authority shall not grant consent to a development application unless it is of the opinion that the carrying out of the development is consistent with any relevant, general and specific aim of SREP 20. The general aims and objectives of the plan are directed towards improving the amenity of the river and protecting the lands within the river valley, including scenic quality. The proposal will have minimal impacts on the river environment as it will not compromise the water or scenic qualities of the river given the satisfactory drainage arrangements and erosion and sediment control measures to be installed during construction. Council’s Development Engineering Section has reviewed the proposed development with regard to stormwater drainage including on site detention system and water sensitive urban design and is satisfied with this aspect of the proposal.

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Section 79C(1)(a)(ii) – Any Draft Environmental Planning Instruments Draft Penrith Local Environmental Plan 2010 Stage 2 applies. The site is proposed to be zoned R4 High Density Residential under this Draft Plan. A medical centre is prohibited in the zone however; it is permissible under SEPP (Infrastructure) which overrides the Draft Plan.

Section 79C(1)(a)(iii) – The Provisions of any Development Control Plan Penrith Development Control Plan 2006 Section 2.2 Crime Prevention Through Environmental Design Crime Prevention Through Environmental Design (CPTED) aims to ensure development is appropriately designed to reduce the likelihood of crimes being committed. By introducing measures to achieve appropriate natural surveillance, access control, territorial reinforcement and space management, it is anticipated that this will assist in minimising the incidence of crime and contribute to perceptions of increased public safety.

The proposed development provides opportunities for natural surveillance to access points and car parking areas from the windows of the reception and waiting room. In order to ensure that a safe environment is provided for the medical centre including the car parking, conditions are recommended to enhance the safety and security of all users of the development and to minimise the crime risk associated with the development. These conditions relate to matters such as securing the premises, landscape design and provision of lighting (See special condition number 3.2).

Section 2.9 Waste Planning The application was accompanied by a Waste Management Plan (WMP). The WMP has adequately addressed management of waste generated during demolition of the existing dwelling, construction of the new building and ongoing use of the premises. The waste management plan indicates that 0.6 cubic metres of asbestos material will be removed and disposed of to a licensed waste facility as a result of the development. The demolition of this structure will be conditioned to be conducted by an appropriately Work Cover NSW Licensed Asbestos removalist (See condition number B003). Any medical waste generated will be stored in a commercial medical waste system provider’s secure containers destined for a certified collector’s secure medical wastes disposal. Section 2.11 Car Parking The proposal is defined as a medical centre. Penrith DCP 2006 does not provide car parking rates for medical centres. The NSW Roads and Maritime Services’ ‘Guide to Traffic Generating Developments’ requires parking for medical centres at a rate of 4 spaces per 100m2 of the gross floor area. The proposed gross floor area of the medical centre is 158m2 which will require 7 car spaces at the above rate. Eight car spaces are proposed which is satisfactory. In comparison, Penrith DCP 2006 requires three car spaces for one health care professional plus 1 car space for receptionist/support staff for Health Consulting Rooms. The proposed two health care professionals and two support staff will require eight car spaces based on the above rates. Eight car spaces are proposed which is satisfactory.

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Section 79C(1)(a)(iv) – The Provisions of the Regulations Council’s Building Section has raised no objection to the proposed development subject to conditions of consent regarding fire safety as prescribed under the Environmental Planning and Assessment Regulation 2000.

Section 79C(1)(b) – The Likely Impacts of the Development

Social and Economic Impact The proposed development would provide a purpose built health services facility. The new facility will serve the community and increase economic activity in the local area. Employment opportunities will be increased during construction of the building and operation of the medical centre. This is a positive social and economic outcome. Access and Traffic Access to the site is proposed from Hope Street through a 6m wide driveway located at the front western corner of the site. The proposed location of the driveway farthest from the intersection of Hope Street and Parker Street is considered satisfactory for safe in and out traffic movements.

Council’s Senior Traffic Officer has reviewed the subject application in respect of traffic generation /access arrangements and concluded that the proposal would produce a consistent increase in local traffic flow; however, no adverse traffic generation impacts were expected from the proposed development. The local road network would have adequate spare capacity to cater for this traffic generation. The existing "No Stopping" zone adjacent to the property boundaries at the intersection of Parker and Hope Streets would be maintained.

Built form and Character The proposed development is considered to be compatible with the existing residential character of the area which has predominantly older style single storey dwellings. The proximity of the Nepean Hospital has resulted in co-location of medical type land uses within the surrounding residential areas. This proposal reflects the benefits of this mutual relationship.

The proposed single storey medical centre will blend into the streetscape as it has a built form compatible with single dwellings. A front building setback of 22.2m will be provided which is more than that for neighbouring dwellings. As such, impacts to the streetscape, local topography and character of the area will be minimal.

Landscaping in the form of trees, low shrubs and grass will be carried out in appropriate locations to ensure the green corridor that exists in the immediate area will not be affected in the long term.

Privacy As the new building will be single storey there are limited opportunities for overlooking from the windows of the building to the neighbouring properties. The 1.8m high fence to the west and south of the site will curtail any views to the neighbouring properties. The land is relatively flat and cutting/filling will generally be less than 500mm, which will not impact on privacy matters.

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Solar Access Shadow diagrams have been submitted with the Development Application which shows that sunlight access to the private courtyards of the neighbouring properties will not be impacted as a result of the proposed development.

Noise

The Statement of Environmental Effects accompanying the development application has indicated that the windows of the proposed development will be double glazed or have comparable performance using thick glass and the ceiling fitted with acoustic ceiling lining to provide an increased level of sound attenuation to the building from traffic and other noise. Vehicular noise from the car park will be minimised by the proposed combination of masonry and colour bond fence on the side boundaries.

Council’s Environment Management Section has assessed the proposed details and recommended a condition – “In the event of ongoing substantiated noise complaints relating to the development being received by Council, the owner and or occupier of the development will be required by Council to engage the services of a suitability qualified acoustic consultant to undertake a noise impact assessment on the development to address the effect of the development’s activities on the affected residential receivers.” (See condition number 3.3).

Accessibility

The application was not accompanied by an Access Report, however, the Statement of Environmental Effects prepared by McKay Architects has indicated that the proposal complies with AS 1428-1 2009 requirements as referenced by the Building Code of Australia within the building, in the car park layout and paving gradients for people with disability. Provision for complying sanitary ware, hardware and items such as tactile indicators will be detailed at construction documentation stage and that the proposal will comply in its set out, levels and clearances. The detailed documentation for construction will ensure full compliance with the relevant Codes and Standards and Requirements.

Council’s Building Section has assessed the proposal and recommended a condition that ‘Access, car parking and sanitary facilities for persons with disabilities are to be provided and maintained in accordance with the requirements of the Building Code of Australia and AS 1428 “Design for Access and Mobility”. Details of compliance are to be provided in the relevant plans and specifications accompanying the Construction Certificate application.’ (See special condition number 3.11). An accessible car parking space has been included in the eight car parking spaces proposed, which is satisfactory.

Section 79C(1)(c) – The Suitability of the Site for the Development The subject site is located within an established residential area. The site is not affected by any overland flows, landslip or movement. It is located close to public transport. The proposed development has been designed to minimise and mitigate any adverse amenity impacts on the neighbouring properties. The site is well located with regard to its connectivity to the hospital precinct. It is considered suitable for the development.

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Section 79C(1)(d) – Any Submissions made in relation to the Development Community Consultation In accordance with Penrith Development Control Plan 2006, the proposed development was notified to nearby and adjoining residents/owners with submissions invited from 15 to 29 April 2014. No submissions were received in response.

Referrals The table below summarises the results of internal referrals in relation to the proposal:

Referral Comments Building Surveyor No objection, subject to conditions. Development Engineer No objection, subject to conditions. Environmental Management Officer No objection, subject to conditions. Health Officer No objection, subject to conditions. Traffic Engineer No objection, subject to conditions. Tree Management Officer No objection, subject to conditions.

Section 79C(1)(e) – The Public Interest The proposed medical centre will provide community benefits by providing a health service facility. Employment opportunities will be increased during construction and operation of the medical centre. Subject to the recommended conditions, the proposal is unlikely to have a negative impact on the surrounding environment and it is considered to be in the public interest.

Section 94 Contributions There are no Section 94 contributions applicable to the proposed development.

Conclusion The proposed medical centre has been assessed against the relevant heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979. The proposed use is prohibited in 2(d) Residential (Medium Density) zone under the provisions of the Penrith Local Environmental Plan 1998 (Urban Land). However it is a permissible land use under the SEPP (Infrastructure) 2007, which overrides Penrith LEP 1998.

The key issue relating to the proposed development is non compliance with the landscaped area development standard. The SEPP 1 objection submitted with the development application has justified the proposed variation. Council’s Building, Development Engineering, Traffic and Environment Sections have reviewed the proposed development and advised that the proposed development is satisfactory subject to conditions of consent. The site is suitable for the proposed development. Subject to the recommended conditions, the proposal is unlikely to have a negative impact on the surrounding environment and it is considered to be in the public interest. Recommendati on

RECOMMENDATION That: 1. The information contained in the report on Development Application DA14/0387 for Demolition of Existing Dwelling & Construction of Medical Centre at Lot 22 DP 31239, (No. 2) Hope Street, Penrith be received.

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2. The objection pursuant to State Environmental Planning Policy No. 1 – Development Standards regarding landscaped area development standard under Clause 12(3) of Penrith Local Environmental Plan 1998 (Urban Land) be supported. 3. Development Application DA14/0387 for Demolition of Existing Dwelling & Construction of Medical Centre at Lot 22 DP 31239, (No. 2) Hope Street, Penrith be approved subject to the following conditions: Standard Conditions 3.1 A001 Approved plans A008 Works to BCA requirements A019 Occupation Certificate A026 Advertising sign A029 Hours of operation A030 No retail sales A032 Goods in buildings A039 Graffiti A046 Obtain Construction Certificate before commencement of works B002 Australian Standard for demolition and disposal to approved landfill site and Occupational Hygienist clearance report prior to Occupational Certificate. B003 Asbestos disposal B004 Dust suppression B005 Mud/Soil B006 Hours of work D001 Implement approved sediment and erosion control measures D005 No filling without prior approval D006 No filling without prior approval D009 Covering of waste storage area D010 Appropriate disposal of excavated or other waste D014 Plant and equipment noise D026 Liquid wastes E01A BCA compliance (Class 2-9) E008 Fire safety list E009 Annual fire safety – essential fire safety (Class 2-9 buildings) G002 Section 73 (not for single dwellings) G004 Integral Energy H001 Stamped plans and erection of site notice H002 Provision of site facilities prior to commencement of construction works H006 Implementation of waste management plan H011 Engineering plans and specifications H041 Hours of construction work K202 Roads Act- Minor Works K202A Infrastructure bond K203 S138 – Roads Act K209 Stormwater management K222 Access, car parking and manoeuvring K501 Roads Authority Clearance K502 Works as executed plans K503 Stormwater compliance

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K504 Restriction as to user L001 Approved landscaping plans L003 Landscaping report requirements L005 Planting of plant material L006 Australian Standard landscaping requirements L007 Tree protection measures L008 Tree preservation order Q01F Notice of commencement and appointment of PCA Q006 Occupation Certificate

Special Conditions 3.2 The development shall comply with the following community safety and CPTED (Crime Prevention Through Environmental Design) matters: (a) All gates shall be lockable. (b) The landscaping in the form of shrubs to the front of the car parking area shall be low in height. Dense vegetation with concentrated top to bottom foliage shall be avoided. The use of low vegetation will improve surveillance, provide clear lines of sight and avoid concealment areas along the frontage of the site. (c) The external lighting facing the driveway area shall have a wide beam of illumination which reaches to the beam of the next light, or the perimeter of the area being traversed (i.e. the car parking area) (d) Lighting shall be directed towards access/egress routes to illuminate potential offenders as well as the areas where people are most vulnerable (e) Lighting shall be contained within the property boundary and no light shall be projected upwards (f) Where appropriate, movement sensitive and diffused lights shall be used (g) All lighting shall be vandal resistant where practical. 3.3 In the event of ongoing substantiated noise complaints relating to the development being received by Council, the owner and or occupier of the development will be required by Council to engage the services of a suitability qualified acoustic consultant to undertake a noise impact assessment on the development to address the effect of the developments activities on the affected residential receivers. 3.4 The ionising radiation apparatus is to be registered with the NSW Office of Environment & Heritage (OEH) prior to its use. Note: Guidance may be obtained from the NSW EPA guidelines “Radiation Guideline 6 - Registration requirements and industry best practice for ionising radiation apparatus used in diagnostic imaging”. Any X-ray device must incorporate all necessary safety features to prevent exposure to radiation in excess of that permitted by the Radiation Control Act 1990 and Regulations and any other relevant legislation, code or standard. 3.5 Suitably constructed waste disposal containers with securely fitting lids must be kept on the property for the storage of any clinical,

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contaminated or related waste prior to final disposal of the material at a facility approved by the NSW Office of Environment & Heritage. A licensed clinical waste contractor must be engaged to collect and dispose of all clinical waste generated on site and produced to Council upon request. Receipts of service must be kept on site specifying the volume collected and the dates of service. 3.6 All vehicles are to enter and leave the premises in a forward direction. 3.7 The existing "No Stopping" zone adjacent to the property boundaries at the intersection of Parker and Hope Streets is to be maintained. 3.8 The required sight lines around the driveway entrance are not to be compromised by street trees, landscaping or fencing. 3.9 All car parking and manoeuvring must be in accordance with AS2890.1:2004 and AS2890.6-2009 and Council's requirements. Signage indicating location of customer parking is required at the driveway entrance. 3.10 All signage shall be constructed of high quality and durable materials and it shall not incorporate flashing devices.

3.11 Access, car parking and sanitary facilities for persons with disabilities are to be provided and maintained in accordance with the requirements of the Building Code of Australia and AS 1428 “Design for Access and Mobility”. Details of compliance are to be provided in the relevant plans and specifications accompanying the Construction Certificate application.

ATTACHMENTS/APPENDICES 1. DA14/0387 - Locality Plan 1 Page Appendix 2. DA14/0387 - Site Plan 1 Page Appendix 3. DA14/0387 - Floor Plan & Elevations 2 Pages Appendix

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4 - Section 96 Applicati on DA08/1223.02 for M odification of Condi tion 36 requiring Payment of Section 94 Contributi ons at Lot 2 D AP 1130750 at (No. 56) Second Avenue, Ki ngswood Section 96 Applicati on DA13/0161.02 for D eletion of C ondi tion 40 requiring

4 Section 96 Application DA08/1223.02 for Modification of Condition 36 requiring Payment of Section 94 Contributions at Lot 2 DAP 1130750 at (No. 56) Second Avenue, Kingswood

Section 96 Application DA13/0161.02 for Deletion of Condition 40 requiring Payment of Section 94 Contributions at Lot 14 DP 850402, Great Western Highway, Kingswood Applicant: University of Western Sydney; Owner: University of Western Sydney

Compiled by: Belinda Borg, Senior Environmental Planner Authorised by: Paul Lemm, Development Services Manager

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

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 receipt of two (2) Section 96 applications relating to land utilised by the University of Western Sydney for the Kingswood and Werrington South Campuses. Details of the applications are as follows.

DA08/1223.02 is a Section 96(1A) modification seeking the amendment of Condition 36 relating to the payment of Section 94 contributions. DA08/1223 relates to the construction of seven (7) campus accommodation buildings with an associated common room facility at 56 Second Avenue, Kingswood. The Development Application was approved by Council on 29 February 2009 and construction of these structures has been completed.

DA13/0161.02 is a Section 96(1A) modification seeking the deletion of Condition 40 relating to the payment of Section 94 contributions. DA13/0161 relates to the construction of a three (3) storey research and commercial building, service road, car parking, stormwater drainage works and landscaping at Lot 14 Great Western Highway Kingswood. The Development Application was approved by the Joint Regional Planning Panel on 17 July 2013 and construction of this building has commenced.

The modifications were considered at the Ordinary Council meeting on 28 April 2014, with the matter being deferred for further clarification on a number of issues relating to Council’s position regarding the implantation of Section 94 contribution to the University of Western Sydney and the delivery of the works outlined within the WELL Contribution Plan. The Councillor Briefing held on 2 June 2014 enabled Council Officers to address relevant concerns.

Proposed Modifications to the Developments Section 96 Modification Application 08/1223.03 seeks approval to amend Condition 36 to delete the payment of Section 94 contributions. Condition 36 of DA08/1223 states:

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“The development shall remain under the care and control of the University of Western Sydney for the purposes of ‘public benefit’ as directed by Circular D6 -‘Crown Development Applications and Conditions of Consent’ issued by the Department of Urban Affairs and Planning, September 1995. Should the management and operation of the development be used for commercial purposes, then a modification of consent would be required. This condition is imposed in accordance with Penrith City Council’s Section 94 Contributions Plan(s) for Drainage and Roadworks. Based on the current rates detailed in the accompanying schedule attached to this Notice, $149,888 is to be paid to Council prior to an Occupation Certificate being issued for this development (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council’s Fees and Charges Schedule. Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The Section 94 invoice accompanying this consent should accompany the contribution payment. The Section 94 Contributions Plan for the Werrington Enterprise Living and Learning (WELL) may be inspected at Council’s Civic Centre, 601 High Street, Penrith.” The applicant requests that Condition 36 be modified to delete all paragraphs with the exception of paragraph 1.

The University of Western Sydney provided representations to Council on 28 April 2014 regarding the retention of paragraph 1, which resulted in an urgent memo being considered as a part of the Council report. Subsequent clarification was provided to the University of Western Sydney that the retention of paragraph 1 was limited to the Student Accommodation development and a similar condition was not included within the Werrington Corporate Centre development. The proposed changes to Condition 36, as detailed in the Councillor Memo dated 28 April 2014 is no longer being pursued by the applicant.

No other change is proposed to the approved development.

Section 96 Modification Application 13/0161.02 seeks approval to delete Condition 40 which relates to the payment of Section 94 contributions.

Condition 40 of DA13/0161 states:

“This condition is imposed in accordance with Penrith City Council’s Section 94 Contributions Plan(s) for WELL UWS & TAFE Employ Area Roadworks. Based on the current rates detailed in the accompanying schedule attached to this Notice, $121,006.00 is to be paid to Council prior to the occupation of the building (the rates are subject to quarterly reviews). If not paid within the current quarterly period, this contribution will be reviewed at the time of payment in accordance with the adopted Section 94 plan. The projected rates of this contribution amount are listed in Council’s Fees and Charges Schedule.

Council should be contacted prior to payment to ascertain the rate for the current quarterly period. The S94 invoice accompanying this consent should accompany the contribution payment.

The Section 94 Contributions Plan for WELL UWS & TAFE Employ Area Roadworks may be inspected at Council’s Civic Centre, 601 High Street, Penrith.”

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The applicant requests that Condition 40 be deleted. No other change is proposed to the approved development.

Werrington Enterprise Living and Learning (WELL) Precinct Development Contributions Plan 2008 The Werrington Enterprise Living and Learning (WELL) Precinct contains education and institutional uses of regional and State significance, including the University of Western Sydney, the Western Sydney Institute of TAFE Kingswood Campus, Cobham Remand Centre and the NSW Government Archives site.

The University of Western Sydney is seeking a modification to delete the payment of such Section 94 contributions on the basis that as a Crown authority they are not subject to such payments, in accordance with the provisions of the Department of Planning and Infrastructure’s Circular D6 - Crown Development Applications and Conditions of Consent. Departmental Circular D6 relates to Crown development applications and consent conditions. In particular, the summary guidelines matrix on applying contributions for educational services states that contributions cannot be levied for local roads and only local traffic management associated with the site entrance can be imposed.

Circular D6 effectively states that “local area traffic management measures required as a direct consequence of development” can be applied for site entrance related works and traffic management facilities “required to ensure safe access for the public”.

The Werrington Enterprise Living and Learning (WELL) Precinct Development Contributions Plan 2008 outlines contributions imposed on the land affected by the policy. The traffic management facilities are for a variety of road works, none of which are at the University of Western Sydney Kingswood / Werrington South entrances. The contributions apply to matters such as new cycleways, intersection upgrades, road extensions for access and road upgrades. The proposed works under the Contributions Plan do not relate directly to the site entrances of the University of Western Sydney Campuses.

The WELL precinct traffic management facilities contributions are not considered to satisfy these requirements as the traffic management works are proposed to accommodate growth in traffic within the locality, rather than ensuring safe public access.

Based on the above, Council cannot satisfy the “ensuring safe public access” test in the Circular. The WELL Development Contributions Plan will result in the improvement of appropriate access and congestion management in the locality. Safe access seems to suggest there needs to be an element of risk reduction or safety assurance associated with the roadworks. On this basis Council is not able to impose the contribution.

The Development Circular does state that contributions can be levied for drainage works, which have been applied to Development Application 08/1223.

The imposition of Section 94 contribution works for drainage works was applied to the Development Application, however the applicant has demonstrated the proposed development does not rely on drainage infrastructure and is outside the identified development area of the WELL Contribution Plan.

Why Council revised its position on levying UWS s94 contributions As the Council recommended approval, The University of Western Sydney agreed with Council imposing the Section 94 contribution in the absence of clarity on the “Crown” status of the development, on the basis that they would revisit this issue.

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Following requests for review of these conditions from UWS we have re-examined the interpretation of “Crown Development”. Close review of Circular D6, which is issued by the Department of Planning and Environment to instruct imposition of Section 94 contributions on Crown development, has clarified that it is inappropriate to apply contributions unless specific safety issues arise. The safety issues described in the Circular do not apply to the applications which are subject to request for modification. Finally, a legal opinion on our revised position confirms that s94 contributions should not apply to these applications.

In light of the above, it is now considered inappropriate to impose s94 contributions on the applications.

Implications for the WELL Precinct Plan of not applying s94 contributions Since contributions cannot be applied to the UWS applications, this will lead to a shortfall of $305,000 in contributions for transport and drainage works under the WELL Precinct s94 Plan.

While this is a significant sum, given that the total value of works in the s94 Plan exceeds $110 million, the foregone contributions represent less than a third of 1% of the total works budget in the s94 Plan. Moreover, traffic works exceeding the value of contributions to be paid by UWS and which were to be delivered under the s94 Plan (e.g. roundabouts), have now been funded through other sources (i.e. Federal Government “Black spot” funding program) and extensive drainage works have been undertaken by UWS with each Development Application.

Finally, changes to the contributions planning process under the looming new Planning Act are likely to require the review of all s94 Plans over the next 12-18 months, including the WELL Plan. If any revisions to project costs and apportionments are required they can be.

Recommendati on

RECOMMENDATION That: 1. The information contained in the report on Section 96 Application DA08/1223.02 for Modification of Condition 36 requiring Payment of Section 94 Contributions at Lot 2 DP 1130750, (No. 56) Second Avenue, Kingswood be received. 2. Condition 36 of DA08/1223 be modified to read as follows: The development shall remain under the care and control of the University of Western Sydney for the purposes of ‘public benefit’ as directed by Circular D6 -‘Crown Development Applications and Conditions of Consent’ issued by the Department of Urban Affairs and Planning, September 1995. Should the management and operation of the development be used for commercial purposes, then a modification of consent would be required. 3. The information contained in the report Section 96 Application DA13/0161.02 for Deletion of Condition 40 requiring Payment of Section 94 Contributions at Lot 14 DP 850402, Great Western Highway, Kingswood be received. 4. Condition 40 of DA13/0161 be deleted.

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ATTACHMENTS/APPENDICES 1. Locality Plan 1 Page Appendix 2. Guidelines for contributions towards off site works 1 Page Appendix

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5 - D evel opment Applicati on DA13/1432 Constr ucti on of a fr ont fence, entr y featur e and filling wor ks at Lot 122 D P 709303 (Nos. 41-47) Joll y Street, Castler eagh

5 Development Application DA13/1432 Construction of a front fence, entry feature and filling works at Lot 122 DP 709303 (Nos. 41-47) Jolly Street, Castlereagh Applicant: Mr & Mrs Gosling; Owner: Mr & Mrs Gosling

Compiled by: Aimee Lee, Environmental Planner Authorised by: Paul Lemm, Development Services Manager Requested By: Councillor Jim Aitken OAM

Outcome We plan for our future growth Strategy Facilitate development that encourages a range of housing types Service Activity Facilitate quality development that contributes to a growing regional City

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 a Development Application for the construction of a front fence including a featured entry and proposed earthworks at the subject property. The proposal being ancillary to the existing approved dwelling is permitted in Zone 1B (Rural B - Smallholdings) under the provisions of the Penrith Local Environmental Plan 201 (Rural Lands).

The application was exhibited and notified from 17 December 2013 to 14 January 2014. Council received submissions objecting to the proposal. Issues raised in these submissions are outlined below:

Permissibility Visual and acoustic impacts Flooding Compatibility and streetscape Operation of a trucking business from the premises and associated issues such as additional traffic, impact on other road users, maintenance of vehicles Clearance of existing vegetation

The majority of these issues relate to a separate Section 82A Review of Determination Application (DA13/0354.01) for the construction of a shed for garaging of two (2) trucks and associated truck turning area and driveway. However Council can no longer determine this Section 82A review application as the 6 month time limit has expired. As a result of this, the applicant has recently lodged a new Development Application (DA14/0622) seeking approval for the same works. Issues raised which relate to the shed, truck storage and driveway works will be considered in the assessment of this new Development Application.

This proposal for the front fencing has not been found to result in adverse impact on the amenity of the surrounding developments and the natural and built environment. Therefore this application is recommended for approval subject to conditions.

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Background In October 2012 Council received a complaint regarding clearing of vegetation on the subject property. Council inspected the property and noted that vegetation had been cleared and there had been excavation works and site works around the property undertaken for the construction of a driveway along the eastern boundary along with a hardstand area to the rear of the allotment. The investigation resulted in a Notice of Intention to Serve Order (NISO) dated 20 February 2013 being issued to the owners of the property.

In response to the NISO, the owners of the property lodged Development Application No. 13/0354 for the following:

construction of a new driveway and truck turning area; construction of a shed and site office; construction of a front fence; and earthworks – cut and fill

This application was refused by Council on 3 October 2013 on the grounds of the proposed not being permissible, not complying with Penrith Development Control Plan 2006, not integrating with neighbouring properties nor being compatible with the character of the surrounding area.

Subsequent to the refusal of the development, the applicant met with Council officers to discuss the following:

Information on how to review the refusal to DA 13/0354 under S82A of the EP&A Act; The lodgement of a separate Development Application for the front fencing and earthworks; and

The applicant lodged Development Application No. 13/1432 for the construction of a front fence including a featured entry and earthworks on 9 December 2013. This application was notified from 17 December 2013 to 14 January 2014.

The applicant has also recently lodged a new Development Application (DA14/0622) for works which were proposed as part of the Section 82A review application.

Site and Surrounds

The site is situated on the northern side of Jolly Street which is bounded by Sheredan Road to the west and Church Street to the east. Refer to Locality Plan Attachment No. 1. 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 inground swimming pool.

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 Land.

The Proposed Development

This Development Application seeks approval for the following refer Attachment No’s. 2 & 3:

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1. Construction of a 1.5 metre high part masonry/part palisade fence across the full frontage of the property including a featured entry point with a maximum height of 1.6 metres which is stepped down to 1.4 metres;

2. Completion of earthworks within the front setback of the dwelling using materials excavated from the rear setback area.

3. Spreading of additional fill (150mm in depth) across the front of the property.

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.

1. Section 79C(1)(a)(i) – Any Environmental Planning Instrument

Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (SREP 20) To ensure sediments generated by the development will not be deposited in the Hawkesbury-Nepean River via the stormwater drainage system and to ensure compliance with Clause 5 of SREP 20 and the relevant planning policies and strategies relating to water quality and quantity, the standard condition for the provision and maintenance of erosion and sediment control measures is recommended (see Standard Condition D001).

Penrith Local Environmental Plan No. 201 (Rural Lands) (LEP 201) The site is identified as a Deferred Matter under Penrith Local Environmental Plan 2010 and hence Penrith Local Environmental Plan 201 (Rural Lands) (LEP 201) is still applicable. It is currently zoned 1(b) (Rural ‘B’ zone - Smallholdings) under the provisions of LEP 201. The proposed featured entry, front fence and earthworks are ancillary to the existing dwelling and as such are permitted in the zone subject to development consent.

LEP and Zone Objectives The following objectives are applicable for consideration:

(a) maintain the rural character and setting of the locality (b) maintain the scenic quality and landscape features of the area (c) maintain the natural environment such as soil, water and vegetation

The proposal satisfies these objectives as the fence is predominantly of open style construction and the fill works are minor and will not adversely impact on the natural environment.

2. Section 79C(1)(a)(iii) – Any Development Control Plan The following sections of Chapter 4.9 Rural Development of the Penrith Development Control Plan (DCP) 2006 are relevant to the assessment of the proposal and are considered in detail below: -

Flooding The proposed development includes legitimisation of fill works which were undertaken on the site by the property owner without consent. The applicant also proposes to spread an additional 150mm of fill across the front of the property.

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The information that accompanied the original application was insufficient to consider the proposed finished ground levels and changes to natural drainage pattern through the site. The applicant was subsequently requested to submit a post-development survey drawing to reflect the revised finished ground levels with indications of the proposed finished ground levels / contours. Inspection of the property by Council Officers and further assessment of the updated survey drawing noted the following:

The finished ground levels are below that of the adjacent Right-of-Carriageway (servicing Nos 49 and 51 Jolly Street);

The finished ground levels demonstrate that overland flow is not being redirected onto either the adjoining western right of carriageway / battleaxe handle or further west to the adjacent neighbouring property; and

There is a natural depression in the area bounded by the western boundary and the existing driveway of the site. This natural depression facilitates overland flow through the property.

To further mitigate the potential for diversion of overland flow to adjoining properties, it is recommended that the depth of fill shall be reduced from 150mm to 100mm and the extent of the fill in the area bounded by the western boundary and the existing driveway be restricted to 10m in width (refer to Special Condition No. 2.2). To ensure the finished ground levels are consistent with the survey drawing (as amended in red), a Work-as-Executed Plan verifying the finished ground levels is also required to be submitted prior to the issue of an Occupation Certificate (refer to Special Condition No.2.5).

It is also considered that the proposed fence which has a masonry base would impede overland flow. As a result the proposed fence is recommended to be amended in red to ensure the open-style material is extended to finished ground level to retain overland flow (refer to Special Condition No. 2.7). This has been discussed with the owner and applicant and verbally agreed to.

Subject to compliance with these recommended conditions, the unauthorised earthworks, the proposed additional fill and proposed front fence will maintain the existing sheet flow and will not adversely impact on the existing overland flow behaviour across the site.

It should be noted however that minor regrading within the road reserve will be separately pursued to address street runoff which is likely to be causing diversion of street stormwater into the adjacent property.

As a result the proposed development is considered to have satisfied the flooding considerations within Section 2.10 – Flood Liable Development of DCP 2006.

Fencing Clause 1 - Dwellings and Outbuildings of DCP 2006 Part 4, Section 4.9 - Rural Development requires the following for fencing:-

Only rural style fencing will be allowed i.e. of an open rural nature in character with that normally found in rural areas. No objections are raised to internal courtyard fencing, or entry fencing, provided such fencing is sensitive to the rural environment.

The proposed front fence is predominantly open and is sympathetic to the rural character of the locality. No objection is raised as there are similar fencing outcomes in the broader locality and the proposal will not have an adverse impact on the streetscape.

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The featured entry however should be considered together with the proposed second driveway which is the subject of the new DA14/0622 for a shed and the parking of two trucks. Accordingly the submitted plan will be amended in red to reflect its deletion and the front fence be extended for the full frontage of the property (Special Condition No. 2.6).

As a result the proposed development is considered to have satisfied the considerations within Clause 1 – Dwellings and Outbuildings of DCP 2006, Part 4 Section 4.9 - Rural Development.

Filling Clause 8 - Filling - Agricultural Developments of DCP 2006 Part 4, Section 4.9 - Rural Development provides the following aims:-

Allow filling only where it enhances the use of rural properties. Ensure that no adverse impact on local drainage characteristics occurs. Ensure filling will not increase flood hazard or risk to other properties. Ensure that material used is satisfactory in terms of potential impact on local soil and water quality.

The legitimisation of minor top soil spreading is considered to satisfy the aims of the DCP in that the fill is not considered to impact on local drainage risk as detailed above, the fill does increase flood hazard as outlined above, the fill material was sourced from the site (excavation for second driveway) and there is no adverse impact in terms of water quality or stormwater diversion.

As a result the proposed development is considered to have satisfied the considerations in relation to filling within DCP 2006, Part 4, Section 4.9 - Rural Development.

3. Section 79C(1)(b) – The Likely Impacts of the Development

The development generally complies with the objectives of the planning controls and the impacts of the development are expected to be minimal. The likely impacts of the proposed development upon the surrounding area are discussed as follows:

Context and Setting

Developments in the area are predominantly rural-residential in nature. It is considered that the front fence and earthworks, subject to compliance with the recommended conditions, will have minimal impact on the streetscape.

Site Design and Internal Design

The height and materials of the front fence are sympathetic to the existing built environment. The depth and width of the proposed earthworks will be restricted to minimise any likely impact on the neighbouring properties with respect to stormwater surface runoff as outlined in detail above.

Water Soil Air and Microclimate

The applicant has confirmed that no fill will be imported and study of aerial photos has also indicated that the stockpile and the excavated materials are of a similar soil type, to ensure the quality of the soil, the standard condition stating no filling without Council’s prior approval is recommended (refer Standard Condition D005).

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Noise and Vibration

The standard condition restricting the construction hours has been recommended to protect the amenity of surrounding developments.

4. Section 79C(1)(c) – The Suitability of the Site for the Development

The site is rural - residential in nature and the proposed fencing being predominantly open style construction is considered to be appropriate within the context of the broader locality. While it is noted that post and rail fencing exists along surrounding properties, the fencing is proposed to provide security and prevent dogs on the property from getting out onto the road. The material is not out of character with rural residential fencing and is proposed to be amended to ensure sheet flow is maintained across the site.

The proposal is therefore considered to be a suitable form of development and is therefore satisfactory.

5. Section 79C(1)(d) – Any Submissions made in relation to the Development

In accordance with the Act and Regulations, consideration has been given to any necessary referrals and any submissions made.

Community Consultation

In accordance with Chapter 2.7 of the Penrith Development Control Plan 2006 – Notification and Advertising, the proposed development was notified to seven (7) residences in the area. The exhibition period was between 17 December 2013 and 14 January 2014. Council received submissions from four (4) households.

The majority of issues raised within the received submissions to this application relate to a separate Section 82A Review of Determination Application (DA13/0354.01). However pursuant to Section 82A (2A) of the EP&A Act, Council can no longer determine this application as the 6 month time limit which is equivalent to the period in Attachment 4 for making of an appeal to the NSW Land and Environment Court has expired. As a result issues raised with respect to works subject of this application only (DA13/1432) are addressed.

Conclusion In assessing this application against the relevant environmental planning policies, the proposal satisfies the aims, objectives and provisions of these policies subject to recommended conditions of consent.

The site is suitable for the proposed development and there is not considered to be any adverse impacts arising.

Therefore, the application is worthy of support, subject to recommended conditions. Recommendati on

RECOMMENDATION That: 1. The information contained in the report on Development Application DA13/1432 Construction of a front fence, entry feature and filling works at Lot 122 DP 709303 (Nos. 41-47) Jolly Street, Castlereagh be received.

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2. Development Application No DA14/1432 be approved subject to the following proposed conditions: 2.1 Standard Conditions A001 – Approved plans that are architecturally drawn A019 – Occupation Certificate A046 – Issue of Construction Certificate B005 - Mud/Soil D001 – Sedimentation and Erosion Controls D002 - Spraygrass D005 – No filling without prior approval D009 – Covering Waste Storage area D010 - Appropriate disposal of excavated or other waste E001 - BCA compliance H001 - Stamped plans & erection of site notice 1 (Class 2-9) H002 - All forms of construction H011 – Engineering plans & specifications H041 – Hours of work K208 - Stormwater Discharge – Minor Development L007 - Tree protection measures–no TMP with DA L008 – Tree preservation order Q001F – Notice of Commencement & Appointment of PCA

Special Conditions 2.2 A maximum of 100mm of fill can be brought onto the site and placed in the area bounded by the western boundary and the existing driveway subject to a maximum width of 10m so as to minimise any likely adverse impact on neighbouring properties due to overland flow. This is reflected within amendments in red to the approved plan.

2.3 A maximum of 100mm of fill can be brought onto the site and placed in the area bounded by the eastern boundary and the existing driveway servicing the dwelling. This is reflected within amendments in red to the approved plan.

2.4 The earthworks approved herein must comply with AS 3798 and Council’s Design Guidelines and Construction Specifications for Civil Works.

2.5 Prior to the issue of an Occupation Certificate for the front fence, a Work-as-Executed Plan prepared by an appropriately qualified consultant is to be submitted to Penrith City Council and verifies that the finished ground levels reflected within the approved survey drawing (approved as part of this consent) have been maintained.

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Any changes to finished ground level beyond those approved are to be rectified prior to the issue of any Occupation Certificate.

2.6 The construction of entry opening for the second (eastern) driveway in the front fence is not approved as part of this consent. The front fence is to be constructed for the entire length of the front boundary without the second driveway opening.

2.7 An open-style (pool type) front fence shall be installed along the front boundary. The base of the front fence must be of open style construction so that it will not impede flow of water. Continuous solid construction of the base of the fence is not permitted.

3. A Penalty Infringement Notice be issued in relation to the unauthorised fill/earthworks that have been carried out on the site to date.

ATTACHMENTS/APPENDICES 1. DA13/1432 - Locality Plan 1 Page Appendix 2. DA13/1432 - Site Plan 1 Page Appendix 3. DA13/1432 - Details of Front Fence 1 Page Appendix 4. DA13/1432 - Submissions Table 2 Pages Appendix

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Ordinary Meeting 23 June 2014 Appendix 2 - DA13/1432 - Site Plan

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Ordinary Meeting 23 June 2014 Appendix 3 - DA13/1432 - Details of Front Fence

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Ordinary Meeting 23 June 2014 Appendix 4 - DA13/1432 - Submissions Table

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Ordinary Meeting 23 June 2014 Appendix 4 - DA13/1432 - Submissions Table

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OUTCOME 3 - WE CAN GET AROUND THE CITY

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

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OUTCOME 4 - WE HAVE SAFE, VIBRANT PLACES

Item Page

6 Relocation of NSW Sport and Recreation Offices to Penrith 55

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Outcome 4 - We have safe, vibr ant places 6 - R elocati on of N SW Sport and R ecreati on Offices to Penrith

6 Relocation of NSW Sport and Recreation Offices to Penrith

Compiled by: Mark Broderick, Planning Projects Coordinator Authorised by: Paul Grimson, City Planning Manager Requested By: Councillor Bernard Bratusa

Outcome We have safe, vibrant places Strategy Grow and revitalise our centres and neighbourhoods Service Activity Utilise Council's property portfolio to stimulate growth and development opportunities in the City

Executive Summary

The NSW Government has announced plans to re-locate NSW Sport and Recreation offices to Penrith and has called for expressions of interest for a suitable site. This report provides an update on our current position.

Background

On Friday 21 March, 2014, the then NSW Premier and Minister for Western Sydney, Barry O’Farrell MP, announced plans to relocate more than 3,000 public servants to new office buildings in Penrith, Parramatta and Liverpool to ease traffic congestion and boost the fast growing region’s economy. NSW Sport and Recreation is earmarked to come to Penrith as part of the NSW Government’s decentralisation initiative and the Government is seeking expressions of interest for new commercial space at Penrith. At this stage there is no firm indication of precise numbers of Sport and Recreation staff that may be subject to relocation to Penrith.

Current Position On 18 May 2014 the NSW Government published a public tender asking local landowners to express preliminary interest in an opportunity to secure a lease of up to ten years for a 5,000m2 Government tenant.

Council’s Property Department is currently inviting Expressions of Interest (EOI) and has recently informed Councillors by memo of the details going forward. Council’s EOI process will be subject of a further report to Council.

Whilst a number of potential locations for the office relocation have been mooted, it is considered that it is critical to the revitalisation and growth of the Penrith City Centre that the new office space be located within the City Centre. Penrith Business Alliance has been consulted on this important aspect and has indicated that it is highly supportive of a City Centre location. In this regard it is also considered important to seek the support of relevant State Members to a city centre location.

Strategically locating Government offices will also be given impetus as part of the Penrith Progression project launched by the Premier earlier this year.

Recommendati on

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RECOMMENDATION That: 1. The information contained in the report on Relocation of NSW Sport and Recreation Offices to Penrith be received. 2. Council make representations to relevant State Members seeking their support for a City Centre location for the new Government office space in Penrith.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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OUTCOME 5 - WE CARE ABOUT OUR ENVIRONMENT

Item Page

7 Swimming Pools Registration Program 59

8 Hawkesbury-Nepean Valley Flood Management Review by the NSW Government 64

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Outcome 5 - We care about our envir onment 7 - Swimmi ng Pools R egistrati on Pr ogram

7 Swimming Pools Registration Program

Compiled by: Jonathan Page, Supervisor Development Compliance Authorised by: Tracy Chalk, Waste and Community Protection Manager Requested By: Councillor Karen McKeown

Outcome We care for our environment Strategy Support our communities to live more sustainably and use resources wisely Service Activity Deliver education and communication programs

Executive Summary At Council’s Ordinary Meeting of 16 December 2013 Councillor Karen McKeown requested a report to Council on the progress of the registering of swimming pools in the Penrith Local Government Area; including information on how Council will resource the compliance.

The New South Wales (NSW) Office of Local Government has recognised swimming pool safety as an important issue and in doing so has made significant amendments to the Swimming Pools Act 1992 (the Act). These amendments include new inspection fees and penalties, pool registration and certification and a requirement for local councils to develop an inspection program after community consultation. In response to this, a Swimming Pool Barrier Inspection Program (Program) was developed by Penrith City Council and endorsed at its Policy Review Committee Meeting of 9 September 2013. Under the adopted Policy, an inspection is to be conducted every three years.

The Program has three phases and these have been designed to take into account timing of the legislation.

1) Phase 1:- Registration, promotion and completing inspections, as required 2) Phase 2:- Mandatory inspection of multi-occupancy properties, tourist and visitor accommodation and sale and lease of properties 3) Phase 3:- Proactive inspection program targeting high risk pools

The purpose of this report is to update Council on the progress of the Program.

Background Council staff were actively involved in the direction of the swimming pool legislation and worked closely with the Office of Local Government.

The Program was designed to provide measures to identify properties containing a swimming pool and ensure any required pool barrier upgrades or repairs are carried out in a timely manner while raising swimming pool safety awareness in the community.

The Program consists of three phases that are designed to address relevant legislation, community expectations, resourcing and perceived risk.

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A significant portion of the Program is based around the inspection of premises with pools to ensure the pool barrier complies with the relevant standard. Once a barrier is brought up to standard a Swimming Pool Certificate of Compliance is issued to the owner. This Certificate is valid for three years.

In accordance with Council’s adopted policy, an inspection of a swimming pool is to be carried out by Council, where any of the following circumstances exist:

Complaints reported to Council of an alleged defective pool barrier Certificate is requested by a property owner Following up Notices issued by an Accredited Certifier Tourist/visitor accommodation and multi-occupancy dwellings (every three years) Certificate requested by an owner in relation to a property being sold or leased Proactive pool barrier inspections in priority areas

The Act provides provisions for Council to require property owners to carry out rectification works should a barrier be found not to comply with the relevant requirements.

As of 1 May 2014, there have been 11,910 registrations of swimming pools in the Penrith Local Government Area. Of these, Council staff have registered 520 pools on behalf of residents that were unable to use the State Government Pool Registration Website. While the overall number of registrations is less than expected, there continues to be a significant number of pools being registered, with an average of 20 pools registered each week in the last few months.

In the lead up to April 2014 there has been a significant increase in requests for Compliance Certificates. Records indicate that 63 requests for a Compliance Certificate were lodged with Council, in contrast to 12 in the previous 12 month period.

Defective pool barriers complaints continue to increase with over 80 requests for inspection received since the adoption of Council’s Policy.

Council is aware of a number of premises that are yet to register. From 29 October 2013, Council Officers could have commenced issuing $220 penalty notices to owners for failing to register their pool. A media campaign has recently been completed advising people to register before 31 May 2014 as Council will commence the issue of $220 penalty notices for any unregistered pools. To date, Council Officers have issued three penalty notices for this offence.

Recent amendments to the Swimming Pools Act defers from 29 April 2014 to 29 April 2015 the need for a Compliance Certificate where premises are sold or leased. This amendment has significant implications to the swimming pools program, as the sale and lease provisions of Phase 2 comprised the majority of the proposed workload and income for the program. Therefore, the budget provides for Officer tenure without the return of the previously anticipated income.

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The remainder of Phase 2 and Phase 3 have now merged and include inspections of pool barriers for high risk pools, as well as multi-occupancy dwellings, tourist and visitor accommodation.

The Swimming Pool compliance team proposes to proceed with the adopted Policy subject to the merging of Phase 2 and 3.

Council recognises four distinct categories of pools:

1) DA Approval and registered 2) DA approval and unregistered 3) Unauthorised and registered 4) Unauthorised and unregistered

Council’s Officers are currently concentrating on pools that are both unregistered and unauthorised.

Since the formation of the Swimming Pool team on 17 February 2014 in excess of 200 telephone enquiries per month have been received and the team has responded to 60 applications for Compliance Certificates (102 since 1 July 2013).

In response to these the team has issued: 35 Compliance Certificates 62 Draft Directions 25 Directions.

To date, 10 Penalty Notices have been issued in relation to this program.

The iAuditor application for iPads has also been implemented and is assisting the Compliance Officers inspections with accuracy and efficiency. These reports are a useful tool in providing further, plain English information to residents that has the capacity to include photographs of compliance issues.

Compliance Officers have been actively promoting the program and the recent changes through the release of local media items. These have included Mayoral Columns, editorials, Facebook posts and radio advertisements.

Communicating with local real estate agents, conveyancers, solicitors and pools shops has been a focus of the promotion and education program. Two mail-outs including facts sheets have been completed since February 2014. A revitalised front foyer display will return in September 2014 to provide impact coming in to the summer season and to highlight the upcoming mandatory inspections.

The lead up to 29 April 2014 saw an increase in the request for Compliance Certificates, particularly from Real Estate Agents. As a result of the deferred date of 29 April 2015, the number of applications has decreased. Council has advised Real Estate Agents of the amended program date; however, it was suggested that Agents continue to submit applications for Compliance Certificates and encourage their clients to have pools registered. Brochures on Council’s swimming pool program have been sent to all Real Estate Agents, Conveyancers and Swimming Pool Shops and they can obtain additional brochures upon request.

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The inspection of pools at premises for sale and/or lease is now scheduled to commence after 29 April 2015. Council Officers have obtained data to predict the number of inspections likely to be required after this date.

1) RPData research indicating that in the last 12 months a total of 2,232 houses were sold in the Penrith LGA. Research conducted by The Building Professionals Board indicated that Penrith Council can expect an average of 438 properties sold each year to contain a swimming pool. This equates to 22% of all properties sold.

2) Results published in NSW Government “Sales and Lease Report December Quarter 2013” indicated that 691 new bonds for “separate houses” were lodged in the period. This indicates an average of 2,764 houses rented each year. If a similar percentage was applied to rental houses as houses sold (20%) the number of new rental agreements concerning houses with pools is estimated to be 552 per annum.

Whilst this information does not include spas and inflatable pools, it is estimated that the total number of Pool Certificates requests from sale and leased properties will increase to approximately 990 per annum (i.e. 438 + 552 = 990).

Using the 20% figure obtained above and with the knowledge that there are approximately 68,000 dwellings in the Council’s LGA, Council could expect 13,600 premises with pools. Added to this would be a number of spas and inflatable pools. It is assumed that the total number of pools and spas would be in the order of 15,000.

Council has appointed one Administration Officer and two Swimming Pool Officers to resource the compliance of the swimming pool program. To date, they have been responsible for setting up the program, carrying out requested inspections and community consultation. The mandatory inspections of multi-occupancy properties, tourist and visitor accommodation commenced from 29 April 2014. Council has approximately 50 premises in this category and it is anticipated these inspections will be completed by June 2014.

The current resourcing allocation of two Pool Inspectors will permit 1,000 inspections per year. This will account for the sale and lease of properties, which have been estimated at 980 premises per year.

Once unauthorised pools have been inspected, the focus will shift to authorised pools. The Swimming Pool Act 1992 provides that a Swimming Pool Compliance Certificate is valid for three years and, as a result, it would seem appropriate that Council’s Program would have a reinspection schedule of pool barriers of a similar time. This would mean the proactive reinspection of any pool that has an expired Pool Compliance Certificate.

This time period between inspections and reinspections is echoed in the Community Consultation carried out during the initial Program development in late 2013. When asked “How often should Council conduct safety inspections of each backyard swimming pool barrier?” the majority (77.82%) of people surveyed selected an inspection schedule between 2 and 5 years (42.26% chose 2-3 years and 35.56% chose 4-5 years). During the next 12 months, the Compliance Team will monitor the number of inspections undertaken and they will be in a better position to comment on the average annual demand.

Financial Services Manager’s Comment The 2014-15 Operational Plan, being considered by Council in a separate report to tonight’s meeting, originally included this service based on the funding model available at the time. This report highlights that staff have been engaged to commence the program for which a

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significant component for 2014-15 included the now deferred inspection program. As a result the income that had been projected for 2014-15 has been adjusted in the Operational Plan to reflect the revised start date, resulting in an unfavourable variation of $162,265. In addition consideration will need to be given to the redeployment of staffing resources that are currently allocated to the stalled program in line with activities outlined in this report. It is recommended that a full revision of the business case for this service be undertaken by the business unit immediately to confirm the level of activity proposed for 2014-15 and the ongoing program. Once developed this revised program and funding will be presented to a future Councillor Briefing for refinement and consideration. Conclusion To date, there have been 11,910 registrations of swimming pools in the Penrith Local Government Area. It is expected that Council will have 15,000 pools and spas in its area and will continue to provide information to resident to encourage registration. Surveillance and inspection continues under the amended program however the deferred legislation date has imposed an unanticipated cost to Council which will require further consideration regarding budget, deterrence, community safety and awareness in the lead up to April 2015.

Recommendati on

RECOMMENDATION That the information contained in the report on Swimming Pools Registration Program be received.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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8 - H awkesbur y-Nepean Vall ey Fl ood M anagement R eview by the N SW Government

8 Hawkesbury-Nepean Valley Flood Management Review by the NSW Government

Compiled by: Mylvaganam Senthilvasan, Engineering Co-ordinator Policy and Projects Authorised by: Adam Wilkinson, Engineering Services Manager

Outcome We care for our environment Strategy Minimise risks to our community form natural disasters Service Activity Provide a strategic framework to manage floodplains and inform land use policy

Executive Summary In 2013, the NSW Government, in response to its adoption of The Infrastructure Strategy 2012-2032 and ongoing community concerns about flood risk in the Hawkesbury–Nepean Valley, began the Hawkesbury–Nepean Valley Flood Management Review. The Review is being conducted in a staged approach and recently concluded the first stage of the Review which explored all feasible flood mitigation options with the potential to reduce flood risk to life and property.

This report details the key findings of the first stage of the Review and the next steps outlined by the NSW Government for improved flood risk management in the Hawkesbury– Nepean Valley. The report also reflects briefly upon previous reviews undertaken by the State Government.

Background In 1997 the State Government established the Hawkesbury-Nepean Flood Management Advisory Committee (HNFMAC), to prepare a comprehensive strategy for floodplain management to address flooding in the areas of the Hawkesbury-Nepean downstream of Warragamba Dam. It was noted at the time, that such a strategy would complement the Government’s proposal to construct an auxiliary spillway to eliminate the threat of failure of the Dam in an extreme flood.

Importantly, the State Government had earlier prepared a draft (unreleased) EIS which considered options for the raising of Warragamba Dam wall for flood mitigation, however the final EIS (1997) recommended the construction of an auxiliary spillway to protect the structural integrity of the Dam. The works associated with the auxiliary spillway at Warragamba Dam have since been completed.

The HNFMAC included representation from a variety of stakeholders including State agencies, Local Government and industry representatives. Their body of work was underpinned by a library of background studies and technical reports and in 1997 the HNFMAC presented the State Government with a report titled “Achieving a Hawkesbury- Nepean Floodplain Management Strategy”. The key recommendations from the Strategy included:

improved evacuation routes emergency planning, flood forecasting, warning and public awareness

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floodplain management and planning policies preparation of a Regional Floodplain Management Study.

At the Policy Review Committee meeting of 10 February 1997, Council resolved to support the auxiliary spillway proposal and to make representations to the local Federal Members for the re-establishment of Federal Government funding for flood mitigation works. Further, at the Ordinary Meeting of 17 February 1997, Council resolved to express its concerns that the proposal (auxiliary spillway) failed to properly address flood mitigation. As requested by Councillor Thain, copies of correspondence (both dated 25 February 1997) are attached as Appendices 1 and 2.

Council’s position at that time was expressed as:

“Council understands that the auxiliary spillway is solely a means of securing the dam and was not intended to provide any mitigation benefits. Council sees that this is a lost opportunity and requests the NSW Government to seriously consider appropriate mitigation options for the Valley. The raising of the dam wall has been demonstrated through the unreleased EIS for the project to be a viable option”.

Since the finalisation of the report in 1997, significant funding was allocated to the implementation of the Strategy, the majority of which was directed towards improvements to flood evacuation routes in Windsor (Jim Anderson Bridge), Bligh Park, Richmond, McGraths Hill and Pitt Town. The “Hawkesbury-Nepean Floodplain Management Strategy Implementation” report by HNFMAC in 2004 details the successful delivery of many of the key initiatives under the Strategy.

Recent Investigations

In September 2012, Molino Stewart produced a report for Infrastructure NSW titled “Hawkesbury-Nepean Flood Damages Assessment”. This report noted:

“Infrastructure NSW has decided as part of its development of the 20 year State Infrastructure Strategy to review the issue of whether there is benefit in investigating the provision of flood mitigation capacity at Warragamba Dam.

This report sets out a preliminary investigation which draws heavily on previous work, particularly the 1995 Warragamba Flood Mitigation Dam EIS. However, since the 1995 EIS was produced, a number of changes have occurred in development on the floodplain, data availability and flood damage estimation techniques.”

To understand the risk, the report further noted that “A repeat of the 1867 flood, which was roughly equivalent to a 1 in 200 year event, would flood about 7,000 homes and cause significant structural damage to about 1,200 of them. It would flood more than 1,600 businesses and cause approximately $3 billion in damages. At least 26,000 people would occupy the buildings exposed to flooding and more than 50,000 people would have to evacuate from the Valley because of the risks associated with isolation and further rises in river levels”.

The Molino Stewart report recognised that the Hawkesbury-Nepean is “arguably one of the most over-developed and at risk floodplains in Australia”. The report confirmed that a mitigation dam at Warragamba would reduce flood risk and damages in higher floods, however would increase the duration of minor floods downstream of the dam.

In 2012 extensive flooding across south–eastern Australia, including the Hawkesbury– Nepean Valley, resulted in Warragamba Dam spilling for the first time in 14 years. This,

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together with events interstate, raised awareness about the potential impacts of flooding in the Hawkesbury-Nepean Valley. In response, the NSW Government began the Hawkesbury–Nepean Valley Flood Management Review to consider flood planning, flood mitigation and flood response in the Hawkesbury–Nepean Valley.

The Review was managed by an inter-agency Committee of the NSW Government, comprising the NSW Office of Water, the Department of Premier and Cabinet, Sydney Catchment Authority, NSW State Emergency Services, NSW Treasury, the Office of Environment and Heritage, the Department of Planning and Infrastructure, the Department of Trade and Investment, and the Department of Finance and Services.

The Review is being conducted in a staged approach:

Stage One – assessment of the current status of flood management, land use planning and emergency response for the Hawkesbury – Nepean Valley, and short-list flood mitigation options to be investigated in Stage Two.

Stage Two - undertake a detailed cost benefit analysis of the short-listed flood mitigation options from Stage One. This would detail and determine whether there are viable flood management strategies that can improve on existing floodplain management in the Hawkesbury – Nepean Valley.

The study area for the Review was defined as the riverine floodplain of the main river from Warragamba Dam to Brooklyn Bridge. This covers the two most populated floodplains in the Hawkesbury-Nepean catchment, namely the Penrith floodplain and the Richmond-Windsor floodplain. The Review did not examine flooding upstream of Warragamba Dam and in the Nepean River upstream of Wallacia, nor localised flash flooding from smaller intense storm events.

The sub-catchments and location of major towns are shown in the Appendix 3.

Stage One of the Review was recently completed and presented to the NSW Government in late 2013. The Stage One Review report can be viewed using the following link. http://www.water.nsw.gov.au/Water-management/Basins-and-catchments/Hawkesbury- catchment/Hawkesbury-catchment/default.aspx

A copy of the Hawkesbury-Nepean Valley Flood Management Review Stage One Summary Report, and associated “Questions and Answers” document was provided to Councillors under separate cover.

Key Findings of Stage One of the Review The Review concluded that there is no simple solution or single infrastructure option that can address all of the flood risk in the Hawkesbury-Nepean Valley floodplain. The risk will continue to increase with population growth. It has identified that infrastructure options can reduce, but not eliminate the risk to life and property in the Valley. Evacuation is the only mitigation measure that can guarantee to reduce risk to life, and that detailed investigation is required to support an integrated approach to reduce overall flood risk in the Valley.

The Review developed ten potential strategies (A to J) for further consideration to improve flood risk management in the Hawkesbury-Nepean Valley; they have been grouped under three major categories (1) infrastructure, (2) governance, and (3) non-infrastructure. These identified strategies are underpinned by 20 key recommendations. These are summarised below.

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(1) Infrastructure “Works that can be built to mitigate floods”

The Review found that currently, there is no significant dedicated flood mitigation infrastructure in the Valley. While the presence of Warragamba Dam and the Upper Nepean dams usually provides some mitigation they are not operated as flood mitigation dams.

The Review found that flood infrastructure can reduce risk to property by lowering the probability of a particular flood event, however it cannot eliminate the risk of flooding.

The Review examined the full range of upstream storage, downstream diversion and local protection infrastructure options and concluded that raising the crest of Warragamba Dam is the infrastructure option with the most potential for reducing the extreme flood risk in the Hawkesbury-Nepean Valley.

Strategy A - Enhance flood mitigation infrastructure. The options investigated under this strategy include levees, downstream diversion channels, dredging of the river, raising Warragamba Dam by 23 and 15 metres and changing the operation of current Warragamba Dam. There are two recommendation made for further investigation and consideration under the Stage Two of the Review.

Recommendation 1 - Determine the appropriateness and the steps required to allow the reduction of full supply level by up to five metres and/or the implementation of alternative gate operation at Warragamba Dam for the mitigation of minor to moderate flood events in the short-term.

Recommendation 2 - Optimise the configuration of a raised Warragamba Dam for flood mitigation of the full range of flood events and water supply, with due consideration of upstream impacts.

Strategy B - Enhance flood evacuation capacity of transport infrastructure. The Review found that large numbers of people need to be evacuated from the Hawkesbury- Nepean Valley during large flood events, particularly in the Richmond-Windsor floodplain. In addition, the undulating nature of the floodplain leads to roads being progressively cut, and the formation of isolated flood islands as flood levels rise. Many of these islands can be totally covered with floodwater if levels continue to rise, causing significant evacuation issues to anyone on those islands. The Review identified the following two recommendations for further assessment and consideration under the Stage Two of the Review to enhance flood evacuation capacity of transport infrastructure.

Recommendation 3 - Develop and implement a program of cost-effective road improvement works that can enhance flood evacuation capacity in the short-medium term.

Recommendation 4 - Improve regional transport infrastructure to address current and projected flood evacuation capacity constraints and timelines.

(2) Governance “Measures that can reduce the impacts of floods through improved preparation and management”

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Strategy C - Establish governance arrangements that support more integrated and effective management of flood risk. The Review identified several opportunities to improve the existing governance framework for flood risk management. Some of these issues apply across NSW, or would be most effectively addressed through enhancements of broader, state-wide governance arrangements, while others are specific to the Hawkesbury-Nepean Valley. The management of flood risk in the Hawkesbury-Nepean Valley involves a number of agencies, local councils and other stakeholders. Governance arrangements for flood planning, preparation and response need to encourage and facilitate effective coordination and cooperation between these organisations.

It is stated that the proposed Stage Two of the Review will develop the best model of governance to achieve a more integrated and coordinated approach to the planning of land use, infrastructure, flood evacuation and flood modelling across the Hawkesbury-Nepean Valley. The potential model will create linkages between agencies and groups dealing with broader state-wide flood risk management arrangements.

Recommendation 5 - Establish a dedicated group or body within an existing agency to provide a more integrated, coordinated and regional approach to land use, infrastructure and evacuation planning and flood modelling in the Hawkesbury-Nepean Valley.

Recommendation 6 - Review the NSW state-wide governance arrangements for flood risk management so that broader issues identified by this Review can be most effectively addressed.

Recommendation 7 - Ensure effective flood gauging arrangements in the Hawkesbury-Nepean Valley.

Strategy D - Collection of post-event data and flood intelligence The Review identified that there is no strategic, governance framework for coordinating data collection and related activities and, for continuous improvement through collection, access and provision of post-event data collection. Lessons from rare flood events can provide critical insights to inform future response and management efforts. It is stated that this matter including governance framework will be further investigated under the Stage Two Review.

Recommendation 8 - Clarify roles, responsibilities and consider funding options for post-event collection of data and flood intelligence.

Strategy E - Improve flood recovery planning The Review found that a severe flood in the Hawkesbury-Nepean Valley would lead to economic, social and other impacts of state significance. Community recovery from such a flood would be prolonged and highly complex to coordinate. Current flood recovery strategies and arrangements may not adequately reflect the impacts of major flood events in the Hawkesbury-Nepean Valley.

The Review states that high-level principles for recovery planning are provided in the 2010 NSW Recovery Plan, however this plan does not provide the level of detail required for recovery activities in the Hawkesbury-Nepean Valley, such as critical ‘hotspot’ locations likely to require special attention.

It is stated that the Stage Two of the Review will also look at the adequacy of current infrastructure reconstruction arrangements and how to ensure that infrastructure restoration

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efforts following a major flood event are supported by coordinated and effective governance, funding and planning frameworks.

Recommendation 9 – Develop a Hawkesbury-Nepean Flood Recovery Plan, which identifies strategies and arrangement for recovery from severe floods in the Hawkesbury-Nepean Valley.

Recommendation 10 - Review the adequacy of current arrangements for infrastructure reconstruction following a major flood event in the Hawkesbury-Nepean Valley.

(3) Non-infrastructure “Measures for better flood emergency response and planning, land use planning and flood modelling”

Strategy F - Improve emergency management, planning and implementation The Review states that emergency response to a severe flood in the Hawkesbury-Nepean Valley is a resource intensive and complex operation. The Review found that it is critical that the NSW State Emergency Service has the capacity to plan for, respond to, and manage the full range of floods in the Hawkesbury-Nepean Valley.

There are three specific areas of risk with the potential to adversely impact on effectiveness of the flood emergency planning and response management arrangements:

a. the nature and timing of flood emergency evacuation decision making; b. community response to decisions to implement flood evacuation; and c. cumulative impact of population growth and the consequential demand on emergency services and evacuation infrastructure, beyond available capacity.

Options to address these risks include:

a. a review of the flood emergency sub-plan for the Hawkesbury-Nepean Valley; b. capability assessment of the State Emergency Service to ensure they have adequate resources and expertise to effectively manage and prepare for flood incidents in the Hawkesbury-Nepean Valley; c. the development of a flood recovery plan for the Hawkesbury-Nepean Valley.

The Review states that these options will be further assessed under the Stage Two of the Review.

Recommendation 11 - Develop a comprehensive road evacuation network model for floods in the Hawkesbury-Nepean floodplain to inform evacuation capacity assessments and strategic transport and land use planning, and to assist with the real-time operational management of evacuation during floods.

Recommendation 12 - Ensure future road infrastructure planning considers flood evacuation requirements throughout the Hawkesbury- Nepean floodplain.

Recommendation 13 - Ensure the SES has the long-term capacity to plan and exercise for the full range of flood events in the Hawkesbury-Nepean Valley.

Strategy G - Improve community education of flood risk and response

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The Review found that there is a clear need to provide more information and education on the flood risk in the Hawkesbury-Nepean Valley to the affected communities. A key task for Stage Two will be to increase community awareness in the Hawkesbury-Nepean Valley of flood risk, and to identify appropriate measures to ensure awareness is maintained in the future.

Recommendation 14 - Undertake, coordinate and evaluate community education programs on flood risk and response.

Recommendation 15 - Monitor, investigate and address community response to flood warnings.

Strategy H - Improve accessibility of flood risk information The Review found that the community has no single source of information on flood risk in the Hawkesbury-Nepean Valley. Local Government has a key role in informing the community about flood risk, however the availability and format of information available to the community varies within the Valley, and across NSW and Australia. Data ownership and licensing issues can also inhibit the collection, availability and dissemination of flood information.

The development of an appropriate standard and mechanism to provide flood information to the community, insurers and government, with appropriate links to flood education, will enable improvements in understanding, managing and responding to the flood risk. This is likely to lead to more informed investment decisions on the floodplain and improved pricing of flood insurance. The provision and accessibility of information will be further considered in Stage Two of the Review.

Recommendation 16 - Develop mechanisms and arrangements to promote and provide greater access to flood risk information.

Strategy I - Improve flood modelling framework and tools The Review found that planning of land use, urban development, infrastructure and flood evacuation is not supported by a comprehensive and integrated flood modelling framework. The Stage Two Review will progress the establishment of a regional, accessible flood model for the main river channel, supported by a framework that facilitates flood modelling at various scales and by different organisations.

Recommendation 17 - Develop and maintain a comprehensive flood model and flood modelling framework for the Hawkesbury-Nepean Valley.

Strategy J - Improve consideration of flood risk in land use planning The Review found that there is currently no effective state-level policy for land use planning in relation to natural hazards, including flooding. This gap results in land use planning authorities applying different principles in their flood-related functions, different risk management approaches in land use planning, different levels of response to flood management and risk assessment and potentially different land use planning requirements and development assessment regimens.

The Review states that there is currently no NSW land use planning guideline relating to flood prone land, resulting in a lack of clear principles to guide land use planning and development assessment in these areas. Better use of the State’s proposed new planning regime for flood risk management will be considered in Stage Two.

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Recommendation 18 - Develop a NSW Planning Policy and Guideline to improve land use planning practices on flood prone land.

Recommendation 19 - Provide improved land use planning tools for managing flood prone land.

Recommendation 20 - Ensure appropriate consideration of flood risk in regional and subregional planning.

Stage Two of the Review

Senior Council Officers, together with representatives from Hawkesbury, Blacktown and The Hills Shire Councils, were invited to a meeting (28 April 2014) at the Sydney Catchment Authority offices. The meeting was convened by Mr Mark Bethwaite AM who has been appointed as the Independent Chair of the Task Force for the second stage of the review.

Stage Two of the Review will undertake the following actions as priority, with a focus on awareness and emergency preparedness:

review Emergency Sub Plan enhance community education develop an effective evacuation modelling tool identify minor road and intersection improvements for flood evacuation review local and state planning instruments investigate alternate (Warragamba Dam) gate operating procedures and reduction of full supply level.

The next stage will also involve a detailed assessment of the infrastructure flood mitigation options including:

options for raising Warragamba Dam wall regional Road infrastructure upgrades and also revising the regional emergency management plan development of a state-wide planning policy developing a flood recovery plan develop a consistent approach to regional flood modelling and monitoring development governance reforms.

The Task Force will consult with key stakeholders including local government, and to this end the Independent Chair, Mr Mark Bethwaite AM, has offered to meet with Council at relevant times throughout the review.

From the meeting in April we understand the critical milestones to include:

September 2014 – interim report to stakeholders Mid 2015 – Final report to Government. Conclusion The Review found that there is no simple or single solution that can completely address all of the flood risk in the Hawkesbury-Nepean Valley. The Review has identified infrastructure options that may reduce, but not eliminate, the flood risk in the Valley. Evacuation is the key

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mitigation measure that can reduce risk to life, and more detailed investigation is required to support an integrated approach to reduce overall flood risk in the Valley.

The Review has developed ten strategies to improve flood risk management in the Hawkesbury-Nepean Valley, and has identified a suite of more detailed investigations and cost benefit analyses to be addressed in Stage Two of the Review.

The Review found that the NSW Government will establish a dedicated Task Force, headed by an independent Chairperson, to lead the Review as it progresses to the next stage. The Task Force will include representatives from relevant Government agencies and will coordinate flood management and knowledge for the Hawkesbury-Nepean Valley. The Task Force’s main responsibility will be to coordinate and oversee the implementation of the Stage Two Review for improved flood management in the Hawkesbury-Nepean Valley and building better community preparedness and resilience to flood events.

Recommendati on

RECOMMENDATION That the information contained in the report on Hawkesbury-Nepean Valley Flood Management Review by the NSW Government be received.

ATTACHMENTS/APPENDICES 1. Warragamba Dam Wall -- Letter to Minister for Urban Affairs & 2 Appendix Planning and reply from Minister Pages 2. Warragamba Dam Wall -- Letter to Minister for Land & Water 1 Page Appendix Conservation 3. Hawkesbury-Nepean River Sub-Catchments & Location of Major 1 Page Appendix Towns

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Ordinary Meeting 23 June 2014 Appendix 1 - Warragamba Dam Wall -- Letter to Minister for Urban Affairs & Planning and reply from Minister

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Ordinary Meeting 23 June 2014 Appendix 1 - Warragamba Dam Wall -- Letter to Minister for Urban Affairs & Planning and reply from Minister

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Ordinary Meeting 23 June 2014 Appendix 2 - Warragamba Dam Wall -- Letter to Minister for Land & Water Conservation

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Ordinary Meeting 23 June 2014 Appendix 3 - Hawkesbury-Nepean River Sub-Catchments & Location of Major Towns

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

Item Page

9 Parks and Leisure Association Annual Conference 2014 79

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Outcome 6 - We're healthy and share strong community spirit 9 - Par ks and Leisure Associ ati on Annual Conference 2014

9 Parks and Leisure Association Annual Conference 2014

Compiled by: Virginia Tuckerman, Recreation Co-ordinator Authorised by: Andrew Robinson, Recreation Manager

Outcome We are healthy and share strong community spirit Strategy Provide opportunities for our community to be healthy and active Service Activity Support sport and recreation partners and networks

Executive Summary The 16th Parks and Leisure Association (PLA) Annual National Conference is being held between 24–27 August 2014 at the Cairns Convention Centre. The conference which is themed ‘Communicate, Collaborate, Cooperate – Sharing Resources for a Healthier, Happier Australia’, is the premier parks and leisure industry conference. This report recommends that Council consider nominating interested Councillors to attend the 2014 Parks and Leisure Association Annual National Conference.

Current Situation The Conference is attended by parks, leisure and recreation industry professionals from a diverse range of sectors including public, commercial and voluntary. Consisting of technical tours, keynote speakers, forums and seminars, the conference will focus on the immediate and future challenges facing the parks, recreation and leisure profession. This year's PLA National Conference features 60 presentations, 5 keynote addresses and more than 40 exhibitors, as well as a selection of technical tours.

The diverse and interactive program has been designed to stimulate thinking, showcase best practice, provide ideas and suggest solutions to ensure parks and leisure continue to be responsive to the community and the industry. Key conference streams include:

- Collaborative leadership for community change. - Community and urban planning. - Getting women and girls active. - Indigenous collaboration. - Management and leadership. - Parks, environment, biodiversity, conservation. - Sport and physical activity. - Tourism, arts and interpretation.

Attendees at the conference can choose from a selection of technical tours. The themes of the tours are:

- Outdoor recreation in community, sport and tourism contexts.

- Natural area shared management – World class management of a World Heritage site.

- Community recreation facilities – Drawing on existing assets and local strengths to create unique community recreation opportunities.

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- Cairns sporting facilities – Building quality sporting infrastructure with community partnerships.

- Public spaces and private places – using collaborative partnerships to create vibrant leisure experiences.

Details of the conference website link, which provides more detail of the conference program and the speakers, has been provided to Councillors under separate cover. As part of the conference program, Council’s Recreation Manager will provide a presentation regarding the ‘Controlled Entity of Council’ management model. Council has received a number of enquiries regarding this model from other Councils that are considering options for the management of their aquatic facilities or indoor recreation facilities.

Conclusion The conference addresses many of the issues confronting recreation facility, parks and leisure provision in Penrith. It is anticipated that attendance at the conference will:

- Provide insight into innovative research or practice relating to conference themes and topics. - Provide a forum at which delegates can discuss and seek answers to related problems and issues, or challenge convention. - Provide lessons which conference delegates can put into practice. - Demonstrate to delegates examples of how to break new ground on an old issue. - Inspire delegates through the presentation of creative and exciting projects, programs and ideas.

Recommendati on

RECOMMENDATION That: 1. The information contained in the report on Parks and Leisure Association Annual Conference 2014 be received. 2. Council consider nominating interested Councillors to attend the Parks and Leisure Association Annual National Conference being held between 24–27 August 2014 at the Cairns Convention Centre, and Leave of Absence be granted accordingly.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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OUTCOME 7 - WE HAVE CONFIDENCE IN OUR COUNCIL

Item Page

10 Adoption of Council's 2014-15 Operational Plan and Fees & Charges 2014-15 83

11 Making of the Rate 94

12 Proposed Permanent Closure of Part of Ninth Avenue, Llandilo 96

13 Proposed Permanent Closure of Maurice Lane, St Clair 100

14 Proposed Compulsory Acquisition of Council land by Roads and Maritime Services and Early Entry Permit - Part Lot 2 DP 580256 - Old Ferry Road, Penrith - Nepean River Green Bridge 104

15 Local Government NSW Annual Conference 2014 108

16 ALGWA 2014 114

17 Insurance Renewals 2014-15 118

18 Federal Budget Announcements 123

19 Pecuniary Interest Returns 125

20 Digital Economy Strategy and Smart Work Hub Update 127 This item has been moved to the Committee of the Whole session of Council.

21 Summary of Investments and Banking for the period of 1 May - 31 May 2014 131

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Outcome 7 - We have confi dence in our C ouncil 10 - Adopti on of C ouncil's 2014-15 Operati onal Plan and Fees & C harges 2014-15

10 Adoption of Council's 2014-15 Operational Plan and Fees & Charges 2014-15

Compiled by: Geraldine Brown, Budget Accountant Andrew Moore, Financial Services Manager Allegra Zakis, Corporate Planning Co-ordinator Graham Pares, Strategic Projects Coordinator Authorised by: Vicki O’Kelly, Executive Manager Corporate

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

Executive Summary Council is required to prepare and adopt the 2014-15 Operational Plan and Fees & Charges by 30 June 2014.

The draft documents were endorsed for public exhibition on 28 April 2014, and were placed on exhibition, under Section 405(2) of the Local Government Act 1993, from 29 April 2014 to 2 June 2014. A total of 4 submissions, detailed within the report, were received with the issues generally addressed through existing strategies and service activities. Minor changes are proposed for the corporate planning document to improve clarity and readability.

There were however a small number of budget adjustments required to be made to the Delivery Program 2013-17 (incorporating the Operational Plan 2014-15) such as the inclusion of the March 2014 revotes and the fine tuning of a number of budget assumptions and allocations that have been confirmed during the exhibition period. The more significant budget adjustments are detailed later in this report and a complete list is provided in Appendix 1. After incorporating these adjustments a balanced budget is proposed for 2014- 15.

This report seeks Council’s adoption of the revised 2014-15 Operational Plan and Fees & charges 2014-15 and approval for the expenditure of the budget outlined in this report.

Draft 2014-15 Operational Plan and Fees & Charges The draft 2014-15 Operational Plan and Fees & Charges 2014-15 is the second Plan to be adopted, as part of the 2013-17 Delivery Program. It continues the format of service activity with listed actions detailing particular tasks or projects that will be undertaken within the specific years Operational Plan.

Public Exhibition

The public exhibition process encouraged community feedback on both parts of the draft 2014-15 Operational Plan:

Part A : Operational Plan 2014-15 (including Service Plans, Budget, Revenue Policies and Special Initiatives)

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Part B : Fees and Charges 2014-15

The community had opportunity to view and comment on the draft Plan during the exhibition period through: Hard copies of the draft plan (both parts) were publicly exhibited at all Council libraries and at the Council offices at Penrith and St Marys, with accompanying “Have your Say” submission forms. Contact points were established at child care centres, as well as documents provided upon request. Copies of the draft 2014-15 Operational Plan and Fees & Charges were available on the internet www.penrithcity.nsw.gov.au encouraging the community to have your say.

The exhibition was promoted through weekly advertisements in local papers.

Submissions Received A total of 4 submissions were received covering 4 separate issues; 2 of the submissions relate to the draft 2014-15 Fees & Charges, and 2 submissions relate to Council’s draft 2014-15 Operational Plan. Each submission was acknowledged by reply and considered by the relevant Service Manager.

A summary of the submissions and responses are outlined below. It is not considered that any substantive change is needed to be made to the Operational Plan to respond to the 4 submissions.

Nature of Submission Summary of Response 1. Questioning increase in Child The Board who manage Children’s Services on behalf Care fees of Penrith City Council undertook a benchmarking exercise on Children’s Services fees across the city in its deliberations on the fees and charges for 2014-15, In the Board’s decision they considered affordability for families and the need to maintain children’s services that are viable. Operational costs such as; electricity, cleaning and food has had to be factored into the proposed budget The Board recommended Council childcare fees not increase until January 2015, giving more time to adjust to the new fees, acknowledging fee increases half way through the year may place additional pressure on the disposable income of families. 2. Application of internet access In 1994 Council introduced a modest joining fee for all fee to non residents non residents/ratepayers which is reinvested into library services. Penrith City Council offers a large array of services in the library including extended opening hours (which are amongst the longest in NSW) and free access to all educational, government and educational web sites, as well as premium full text databases. The community is also offered free access to Wi-Fi and word processing PCs. The introduced fee is to supplement Council’s ongoing expenditure on its library service.

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Nature of Submission Summary of Response 3. Support for culvert widening The submission supports the proposal for upgrade on Church St Castlereagh works on Church Street as listed in the draft 2014-15 Kerb and Gutter and Drainage Works Program. After the Community Engagement process in 2012 was held, a number of key priorities for the community were identified, one being, the Torkington Creek Catchment Area Project. The Culvert widening on Church Street, Castlereagh is part of this project. 4. Proposal to upgrade facilities This submission was prepared by the Cranebrook at the Callisto Drive Youth Leadership Program (Cranebrook High School) playground with the assistance of Council’s Place Management and Parks Departments. Following a meeting with the Mayor the Youth Leadership Program has developed a range of proposed improvements to the recreational space including upgrades and renewals that will cater for all age groups and provided for a recreation and performance space. The playground is an important meeting place for young people and children in the local area. The vision for the playground to be a space that reflects community pride and inclusion and this initiative is commendable. The initiative outlined is in line with the current Neighbourhood Renewal Program and funding is available for this project was identified in future years. It is proposed that this project be brought forward to 2014-15, with Council Officers confirming that it can be completed without impacting other 2014-15 deliverables.

Changes to Operational Plan: Document Structure During the exhibition period the draft document was reviewed to ensure that consistency with the previous document structure was maintained. Service Managers also reviewed the list of actions prepared as part of the 2014-15 Operational Plan. As a result of the review the following actions will be changed in the final version of the documents to enhance the reporting of the 2014-15 Operational Plan. Amend Action 2.1.2 (a) to read: Implement the recommendations of the 2013 DA Service review Include Action 7.3.2 (a) Establish and implement a regular program of community engagement through a review of the Community Engagement Strategy During the course of the 2014-15 Operational Plan actions may change due to internal service delivery re-alignments or change in operational priorities. These changes will be identified during the periodic statutory reviews of the Delivery program and Operational Plan. Such changes will also be tracked and reported within the published versions of the documents.

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Changes to Operational Plan: Budget Adjustments The financial estimates included in the exhibited revised Delivery Program 2013-17 (incorporating the Operational Plan 2014-15) were based on the best information that was available at the time. During the Exhibition period, further budget adjustments have been required as a result of Council decisions and additional information that has emerged.

The exhibited draft Delivery Program 2013-17 (incorporating the Operational Plan 2014-15) presented a balanced budget. During the Exhibition period a small number of adjustments have been made and a balanced budget will be maintained should Council choose to adopt all the proposed recommendations contained within this report.

At the Ordinary Meeting on 26 May 2014, Council adopted the March 2014 Quarterly Review which included revotes totalling $2.5m for capital works and $322,918 for operational works. The revised Delivery Program 2013-17 (incorporating the Operational Plan 2014-15) now incorporates these revotes.

The 2014-15 budget will also be adjusted to reflect the outcomes of any Council resolutions that may be made tonight.

Provided in Appendix 1 is a complete list of all budget changes that have occurred during the exhibition period. The more significant changes to the budget not previously reported to Council are detailed below with their impact on the budget surplus, with the impacts – favourable (F), unfavourable (U), allocation (A) – indicated where applicable.

Financial Assistance Grant – ($281,359 U) The Federal Government’s 2014-15 budget announced that the current indexation on the Financial Assistance Grants paid to Local Government will not be included in the 2014-15, 2015-16 and 2016-17 allocations.

It is Council’s practice when developing the draft budget to include an estimated 3% increase on the unadjusted Financial Assistance Grant received in the previous year. The removal of this indexation results in a decrease in the budgeted General Purpose component of the Financial Assistance Grant amounting to $281,359.

The removal of this indexation also results in a decrease in the budgeted Roads component of the Financial Assistance Grant amounting to $65,039 which is offset by a decrease in the roads budget to match the FAG roads component now expected to be received, as has been Council practice in recent years.

The longer term impact of this decision will also result in a reduction on revenue forecasts in the Long Term Financial Plan and further details are provided in a separate report to tonight’s meeting.

Swimming Pool Inspections Income – ($162,265 U) The Office of Local Government (OLG) has delayed the timing of legislation requiring owners to obtain swimming pool compliance certificates for premises sold or leased. Originally, this was proposed to commence on 29 April 2014 and Council had already seen a steady increase in the number of applications for swimming pool compliance certificates. The new compliance program commencement is 29 April 2015. The delay in the commencement of the program has resulted in a reduction in the revenue projections for 2014-15. Further information outlining the current status of the Swimming Pool Compliance Program is provided in a separate report to tonight’s meeting.

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Pensioner Rate Subsidy - ($123,600 U) The 2014-15 Federal Budget announced the early cessation of an agreement between the Federal Government and the States which provided funding to the States for additional assistance for pensioner concessions. The current Pensioner rebate is $250, a mandatory amount established by the Local Government Act that Council must provide to each eligible pensioner. Currently Council receives reimbursement of 55% of this subsidy from the State Government. The Local Government Act (s581) only requires 50% of the rebate to be reimbursed from the State Government with the additional 5% currently being paid as a result of the additional funding the State receives. To date Council has not been notified that this reimbursement will be reduced however it is considered prudent to include an allocation to provision for the potential reduction.

FBT – ($46,500 U) Following the completion of the 2013-14 FBT return, the 2014-15 budget has been increased by $46,500. This variance is due to the transition to the new FBT rates. Leaseback recoveries have been increased to offset the impact of the changes to FBT legislation.

Penrith Performing and Visual Arts (25th Anniversary) – ($30,000 U) To celebrate the 25th Anniversary of the official opening of the Joan Sutherland Performing Arts Centre the Penrith Performing & Visual Arts Ltd (PP&VA) are planning two significant events during 2015. The first is a Community Celebration Week in March 2015 which will feature 10 days of separate events and performances by local and regional concert bands, theatre companies and the Penrith Symphony Orchestra and also timed to coincide with the annual Penrith City Festival. The second is a Gala Week in August 2015 which will feature specially commissioned compositions and Richard Bonynge as conductor. While the majority of the celebration will be funded by the PP&VA a contribution has been requested from Council towards the commissioning of the music and hosting of a Civic Reception.

Rates Income – ($1,050,589 F) Estimated annual rating income is affected by development throughout the city (i.e. subdivisions) and is based on the rating data available at a particular point in time. The development of each years budget commences in November each year with base line information used to establish the base budget. Council will recall that the recently adopted March Quarterly include significant additional rating income in 2013-14 due to the timing of development. This increase has now been used to reforecast 2014-15 estimates with additional rate income now predicted due to main factors:

1) Developments occurring in Luddenham, Penrith (Thornton), Jordan Springs and Glenmore Park which have increased the permissible income, and 2) Anticipated growth from further subdivisions in 2014-15. This income was predicted to be received in future years of Council’s Long Term Financial Plan and as such does not substantially increase Council’s financial capacity in future years.

Transfer to Reserve – ($341,022 A) A balanced draft 2014-15 budget is presented tonight. Within this balanced budget it is proposed to retain an amount of $341,022 in Council’s internal reserves to provide for any significant movements that may arise in the current assumptions. This strategy provides capacity to respond to variations that may occur in assumptions and estimates within the

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2014-15 budget, address current and emerging priorities in future quarterly reviews, and make provision for future year projects Penrith Business Alliance – ($70,000 U) A request has been received from the Penrith Business Alliance (PBA) for additional ongoing operational funding of $70,000 along with consideration for additional project funding. Council Officers have reviewed the information provided and confirm that the ongoing operational increase is required for the PBA to continue to operate as it has.

The request for additional project funding will be considered alongside renewal of the funding agreement which will be considered separately by Council in the first half of 2014- 15.

Civic Centre Cabling – no effect A planned cabling upgrade project ($200,000) has been brought forward and included in 2014-15. The project involves the upgrading of IT infrastructure within sections the Civic Centre to ensure that the whole building now complies with contemporary standards.

CBD Stormwater Design and Construction - no effect The Stormwater Management Service Charge (SMSC) funding initially allocated to the CBD Stormwater Design and Construction Program has been redirected to the Andrew’s Road Wetlands Project in 2013-14. The 2014-15 CBD Stormwater Program will now be funded utilising the Local Infrastructure Renewal Scheme (LIRS) and the SMSC allocations pending the LIRS approval. This will allow for the entire implementation of the CBD Stormwater Program in a single financial year which will result in significant financial savings and project efficiencies.

Sustainability Revolving Fund (SRF) Lighting Upgrades – no effect Lighting upgrades in high usage areas at the St Clair Sport and Recreation Centre have been identified with the current lighting proposed to be replaced with more energy efficient alternatives (LED or Metal Halide equivalents) in addition to changes in the lighting design of the centre. The project is expected to reduce electricity consumption by 75,473 kilowatt-hour (a 59% reduction), electricity costs by $14,868, maintenance costs by $2,500, and greenhouse gas emissions by 66.4 tonnes per annum. With a capital cost of $69,910, the project will have a feasible payback period of 3.96 years (based on current electricity price of $0.197 per kilowatt-hour). Callisto Playground and Park Enhancement – no effect Following a submission received by the Cranebrook Youth Leadership Program (Cranebrook High School) Council’s Place Management and Parks Departments have worked with the Youth Leadership Program to developed a range of proposed improvements to the recreational space including upgrades and renewals that will cater for all age groups and provided for a recreation and performance space. The playground is an important meeting place for young people and children in the local area.

The initiative outlined is inline with the current Neighbourhood Renewal Program and funding is available for this project was identified in future years from Council’s Local Open Space Contributions Plan combined with Neighbourhood Renewal an Parks operational budgets. It is proposed that this project be brought forward to 2014-15, with Council Officers confirming that it can be completed without impacting other 2014-15 deliverables.

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Other – ($4,157 F) Other variations totalling $4,157 (favourable) have combined with the above budget variations to maintain a balanced budget.

The Making of Rates and Charges This matter is addressed in a separate report in tonight’s business paper.

Changes to Fees and Charges

There have been some changes to the draft 2014-15 Fees and Charges that have been proposed during the exhibition period.

Changes to the fee description and condition include the following fees for Development Applications as per the Environmental Planning and Assessment Act 1979: - Modification of consent under Section 96(1) - Modification of consent under Section 96(1A) - Modification of consent under Section 96(2) or 96AA(1)

Changes to the fee amount include the following fees for the Schools Rowing Boat Shed – Bruce Neal Drive, Penrith: - Permanent Boat Shed Users - Casual Use

This is to take into account the GST Inclusive treatment of the fees.

Provided in Appendix 2 is a list of these proposed changes.

Conclusion This report seeks Council’s adoption of the draft documents (with proposed changes outlined in this report and the associated attachments), following Council’s consideration of the submissions and the budget variations proposed for 2014-15.

Once Council adopts the 2014-15 Operational Plan and Fees & Charges 2014-15, the adopted Plan will be available on Council’s website within 28 days as outlined in the Local Government Act 1993 section 405(6).

The documents provide a clear commitment to a shared vision for our City’s future and provide a solid foundation that will be built upon in subsequent reviews.

Recommendati on

RECOMMENDATION That: 1. The information contained in the report on Adoption of Council's 2014-15 Operational Plan and Fees & Charges 2014-15 be received. 2. In accordance with the Local Government Act 1993 under section 405, Council adopt the revised Operational Plan for 2014-15 and draft Fees and Charges 2014-15, including any amendments made at tonight’s meeting. 3. Those who made submissions be advised of Council’s decision and thanked for their contribution.

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4. Those projects in the Operational Plan 2013-14, which were approved by Council in the March Quarterly Review 2014, be carried forward and added to the adopted Operational Plan for 2014-15. 5. Council approve for expenditure the budget as detailed in the Operational Plan for 2014-15, and on that basis formally vote these funds for the 2014- 15 financial year.

ATTACHMENTS/APPENDICES 1. 2014-2015 Operational Plan - Proposed Amendments to Exhibited 2 Appendix Document Pages 2. 2014-2015 Fees and Charges - Proposed Amendments to 1 Page Appendix Exhibited Document

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Ordinary Meeting 23 June 2014 Appendix 1 - 2014-2015 Operational Plan - Proposed Amendments to Exhibited Document

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Ordinary Meeting 23 June 2014 Appendix 1 - 2014-2015 Operational Plan - Proposed Amendments to Exhibited Document

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Ordinary Meeting 23 June 2014 Appendix 2 - 2014-2015 Fees and Charges - Proposed Amendments to Exhibited Document

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11 - Making of the R ate

11 Making of the Rate

Compiled by: Suzanne Flynn, Chief Rates Clerk Matthew Saunders, Rates Administration Officer Authorised by: Vicki O’Kelly, Executive Manager Corporate

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

Executive Summary It is required that Council make the Rates and Charges for 2014-15 under Section 535 of the Local Government Act 1993. This is in addition to the adoption of the 2014-15 Operational Plan and 2014-15 Fees & Charges, both being considered in a separate report at tonight’s Council meeting.

Background The following resolutions need to be formally adopted by Council to make the Rates and Charges for 2014-15.

The Rates and Charges proposed are made in line with adopting the full increase approved by IPART for 2014-15. This report recommends that the information be received and that the 2014-15 Rates and Charges be made as outlined. Recommendati on

RECOMMENDATION That: 1. The information contained in the report on Making of the Rate be received. 2. Ordinary Rate - Council make its Residential, Business and Farmland rates for 2014-15 in accordance with Section 535 of the Local Government Act 1993 such rate to be as follows:

Residential Minimum Amount $843.95 Ad Valorem 0.4452 Cents in the Dollar

Farmland Minimum Amount $843.95 Ad Valorem 0.2226 Cents in the Dollar

Business Minimum Amount $1,079.90 Ad Valorem 0.7761 Cents in the Dollar

Business subcategory – Minimum Amount $1,079.90 Penrith CBD Ad Valorem 0.8810 Cents in the Dollar

Business subcategory – Minimum Amount $1,079.90 St Marys Town Centre Ad Valorem 1.1925 Cents in the Dollar

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3. Stormwater Charges A Stormwater Management Service charge will be applied on all urban residential and urban business land as outlined below. This is in accordance with Council’s Policy outlined in the 2014-15 Operational Plan and Fees & Charges (except land which is exempt from the Stormwater Management Services charge as outlined in Section 496A of the Local Government Act 1993).

For the 2014-15 year, the charges will be: Residential non-strata properties $25 per annum Residential strata properties $12.50 per annum Urban business properties $22.80 plus an additional $22.80 for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres.

4. Domestic Waste Charges A Domestic Waste Service charge will apply to each parcel of rateable land for which the service is available, including vacant land, in accordance with Section 496 of the Local Government Act 1993. The charges will be at the amounts specified in the 2014-15 Operational Plan and 2014-15 Fees & Charges.

5. Effluent Charges An annual charge for effluent removal services will apply to each residential occupancy with a single or shared pump out septic tank system at the rates specified in the 2014-15 Operational Plan and 2014-15 Fees & Charges. Additional pump-out services are subject to an additional charge at the amounts specified in the 2014-15 Operational Plan and 2014-15 Fees & Charges.

6. Interest For the purpose of calculating the interest on overdue rates and charges in accordance with Section 566(3) of the Local Government Act 1993, Council make the interest charge 8.5% per annum for 2014-15.

7. Pension Rebate In addition to the mandatory pensioner rebate under the Local Government Act, 1993, Council will provide a voluntary rebate under Section 582 of the Local Government Act 1993. The voluntary rebate will be equivalent to the annual stormwater charge applicable to the property. Pro-rata calculations will be applied to rebates that start or cease within the financial year according to Sections 575 and 584 of the Local Government Act 1993. 8. Service of Rate Notices The General Manager be and is hereby authorised, to prepare and serve Rates and Charges Notices for and on behalf of Council.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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12 - Pr oposed Per manent Closure of Part of Ninth Avenue, Ll andilo

12 Proposed Permanent Closure of Part of Ninth Avenue, Llandilo

Compiled by: Alison Randall, Property Development Assistant Authorised by: Chris Moulang, Property Development Manager

Outcome We have confidence in our Council Strategy Demonstrate transparency and ethical behaviour Service Activity Manage Council's property portfolio

Executive Summary An application has been made to permanently close part of Ninth Avenue Llandilo and with the approval of Crown Lands, public consultation has been undertaken.

This report provides an update on the action taken, feedback on the response from public consultation and recommends that Council resolve to proceed with the application to NSW Trade and Investment, (Crown Lands) to permanently close the road.

Background The subject area of road is a portion of land which was formerly part of a constructed road known as Ninth Avenue, Llandilo which connected the intersection at The Northern Road and is located between Lot 10 DP 802822 and Lot 1127 DP 1158660.

This parcel of land was dedicated as road to facilitate a formal road closing and would consolidate into Council’s adjoining site (Lot 10 DP 802822).

The subject road is an unused ‘paper road’ adjacent to Lot 10 DP 802822. A plan of the subject road that is proposed to be closed is appended.

Where it is determined that there is no impediment to the closure of an unused public road it can be legally closed and offered for sale to the adjoining property owners or consolidated with adjoining Council land. At this point of time our intention is to amalgamate this area with Council land.

In respect of the permanent closure of a road Council is required to submit an application to Crown Lands for approval.

In accordance with the resolution, application was made to Crown Lands for approval to advertise the proposed closure. Approval was granted and public consultation was commenced in accordance with the Crown’s requirements. Advertisements were placed in the Western Weekender in the Council page from 21 February 2014. Letters were also sent to nominated public service authorities and adjoining owners. The public consultation period was for a period of 28 days from the date of advertisement, and has now closed.

In summary the following were received in response to the consultation;

NSW Planning and Infrastructure No objection Transgrid No objection Endeavour Energy No objection Roads and Maritime Services No objection

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Telstra No objection APA Group (Gas) No objection Jemena Asset Management No objection Sydney Water No objection RMS (RTA) No objection Albert H Arumanathan & Catherine Lazarus No response received (adjoining land owner) Kozi World Pty Ltd (adjoining land owner) No response received Bartolo Barca (adjoining land owner) No response received Parramatta Kennel Co Pty Ltd (adjoining No response received land owner) St Marys Land Ltd (adjoining land owner) No response received

Any reconsideration of the future use of the adjoining land including the area proposed to be closed will be subject to a further report to Council.

In consideration of the above information, it will therefore be recommended that Council proceed with the application to legally close the subject road and upon closure the closed road be classified as operational land (which is consistent with Council’s adjoining sites classification) and consolidate the closed road with Council’s adjacent Lot 10 DP 802822.

Recommendati on

RECOMMENDATION That: 1. The information contained in the report on Proposed Permanent Closure of Part of Ninth Avenue, Llandilo be received. 2. Council proceed with the application to legally close the subject road. 3. Consolidate the closed road with our adjacent Lot 10 DP 802822. 4. Upon closure the closed road be classified as operational land.

ATTACHMENTS/APPENDICES 1. Map 1 - Proposed Permanent Closure of Part of Ninth Avenue, 1 Appendix Llandilo Page 2. Map 2 - Proposed Permanent Closure of Part of Ninth Avenue, 1 Appendix Llandilo Page

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Ordinary Meeting 23 June 2014 Appendix 1 - Map 1 - Proposed Permanent Closure of Part of Ninth Avenue, Llandilo

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Ordinary Meeting 23 June 2014 Appendix 2 - Map 2 - Proposed Permanent Closure of Part of Ninth Avenue, Llandilo

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13 - Pr oposed Per manent Closure of M aurice Lane, St Cl air

13 Proposed Permanent Closure of Maurice Lane, St Clair

Compiled by: Alison Randall, Property Development Assistant Authorised by: Chris Moulang, Property Development Manager

Outcome We have confidence in our Council Strategy Demonstrate transparency and ethical behaviour Service Activity Manage Council's property portfolio

Executive Summary Council resolved on 7 November 2011 to physically close Maurice Lane, St Clair through the installation of suitable fencing and gates.

An application has been made to formalise the laneway closure and with the approval of Crown Lands, public consultation has been undertaken.

This report provides an update on the action taken, the response to public consultation and recommends that Council resolve to proceed with the application to NSW Trade and Investment, (Crown Lands) to permanently close the road.

Background Council previously approved the recommendation to close Maurice Lane, St Clair through the installation of suitable fencing and gates due to antisocial behaviour and malicious damage in and around the laneway that continued to be reported by neighbouring property owners and supported by data and anecdotal advice from St Marys Police. Maurice Lane had the highest number of incidents of antisocial behaviour and malicious damage reported to NSW Police and Council than any other laneway previously assessed. Council resolved to submit an application to Crown Lands recommending that a permanent legal closure of the remaining part of Maurice Lane, St Clair be approved. The subject laneway is a Pedestrian Laneway that has been closed since November 2011 by the way of suitable fencing and gates.

Council has requested Vince Morgan Surveyors to supply a sub division plan for two equal Lots for the purpose of selling the land to adjoining owners at the end of the permanent road closure process. It was also requested that an electronic search of Endeavour Energy services be undertaken to create an easement on the plan to relocate their services.

Council is not the Roads Authority under the Roads Act 1993 in respect of the permanent closure of a road and as such is required to submit an application to Crown Lands for approval.

In accordance with the resolution, application was made to Crown Lands for approval to advertise the proposed closure. Approval was granted and public consultation was commenced in accordance with the Crown’s requirements. Advertisements were placed in the Western Weekender in the Council page from 14 February 2014. Letters were also sent to nominated public service authorities and adjoining owners. The public consultation period was for a period of 28 days from the date of advertisement, and has now closed.

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In summary the following were received in response to the consultation;

NSW Planning and Infrastructure No objection Transgrid No objection Endeavour Energy Objection – easement required Jemena No objection Telstra No objection APA Group (Gas) No response received Optus No objection Sydney Water No objection Ken Pollard (Resident) Received a letter of support for closure of Laneway Graham Fisher (Resident) Received a letter of support for closure of Laneway Benjamin & Natalee Williams (Resident) Received a letter of support for closure of Laneway Abhinash & Amina Nand (Resident) Received a letter of support for closure of Laneway Douglas Young (Resident) Received a letter of support for closure of Laneway Tanya Davies MP Received a letter of support for closure of Laneway

Residents of the area have written in letters of support in permanently closing the laneway. It has been very successful in resolving the antisocial behaviour since the installation of gates. There have been no reported incidents to Council since this time.

Mr Ben Williams, adjoining owner, will be attending the Council Meeting to show his support for the permanent closure of the Laneway and to explain how much difference it has made to the local residents.

Any reconsideration of the future use of the adjoining land including the area proposed to be closed will be subject to a further report to Council.

In consideration of the above information, it will therefore be recommended that Council proceed with the application to legally close the Pedestrian Laneway and upon closure the closed road be classified as operational land.

Recommendati on

RECOMMENDATION That: 1. The information contained in the report on Proposed Permanent Closure of Maurice Lane, St Clair be received 2. Upon permanent closure of the laneway Council sell the land to the interested adjoining owners 3. Upon closure the closed road be classified as operational land

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ATTACHMENTS/APPENDICES 1. Proposed Permanent Closure of Maurice Lane, St Clair 1 Page Appendix

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Ordinary Meeting 23 June 2014 Appendix 1 - Proposed Permanent Closure of Maurice Lane, St Clair

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14 - Pr oposed Compulsor y Acquisi tion of C ouncil l and by Roads and M ariti me Ser vices and Earl y Entr y Per mit - Part Lot 2 D P 580256 - Old F err y R oad, Penrith - Nepean Ri ver Gr een Bridge

14 Proposed Compulsory Acquisition of Council land by Roads and Maritime Services and Early Entry Permit - Part Lot 2 DP 580256 - Old Ferry Road, Penrith - Nepean River Green Bridge

Compiled by: Katrina Parker, Property Portfolio Co-ordinator Authorised by: Chris Moulang, Property Development Manager

Outcome We have confidence in our Council Strategy Demonstrate transparency and ethical behaviour Service Activity Manage Council's property portfolio

Previous Items: Proposed Permanent Road Closure of Weir Road and part of Old Ferry Road, Penrith- Ordinary Meeting - 26 Aug 2013 Log Cabin Hotel Site - Ordinary Meeting - 22 Jul 2013

Executive Summary Roads and Maritime Services (RMS) has advised Council that it proposes to acquire a small portion of Council owned community land, being part Lot 2 DP 580256, Old Ferry Road, Penrith to facilitate the construction of the Nepean River Green Bridge (NRGB). The area proposed to be acquired is approximately 30 square metres.

As the land is community land Council cannot sell the land. However, Roads and Maritime Services have powers to compulsorily acquire land required for their purposes and have requested that Council agree to the compulsory acquisition of the area required for the bridge.

RMS has also requested early access to the land to meet with their construction timelines for the NRGB.

This report will provide details of the request and recommend that Council agree to the compulsory acquisition of the land required and further to agree to the early access to that land for the purposes of commencing construction of the NRGB.

Background At its meeting of 26 August 2013 Council considered a report titled “Proposed Permanent Closure of Weir Road and part Old Ferry Road, Penrith”. Council resolved at the time to approve the closure of part Old Ferry Road and Weir Road to facilitate the construction of the NRGB. Since that time, refinement to the design has necessitated the eastern landing point to be shifted 10m north. This has minor ramifications on the original land proposed for acquisition by the RMS.

RMS have advised Council that it requires a portion of Council owned community land, Lot 2 DP 580256, Old Ferry Road, Penrith to facilitate the construction of the Nepean River Green Bridge. The area proposed to be acquired is approximately 30 square metres and is indicated on the plan located at Appendix 1.

As the land is classified “community” land under the Local Government Act 1993, Council is unable to sell the land. The RMS’ timetable for programmed road works requires the completion of this acquisition as soon as possible so that access can be obtained by 1st

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September 2014. Public authorities including the RMS have powers to compulsorily acquire the land for its purposes, under the Land Acquisition (Just Terms Compensation) Act 1991.

Where an owner and an authority agree to the compulsory acquisition and all matters, including compensation, the formal notice periods that the authority is usually required to give an owner, where no agreement is in place, is reduced. Accordingly, in order to maintain the timetable for the project, RMS has requested that Council consent to the compulsory acquisition of the land. In addition RMS has requested that Council agree to the compensation as determined by the Valuer General. Noting that the Valuer General will determine the compensation payable after the land has been compulsorily acquired and usually within 30 days of acquisition.

The area to be acquired is relatively small being 30 square metres of a total area of the land of 291square metres. The area is located between unformed part of Old Ferry Road and Lot 1 DP 580256, being the former Log Cabin site owned by Sinclair Nominees. It is considered that given the size, location, potential purchasers and topography of the land, compensation would not be of significant value. It is considered likely that the Valuer General would determine a nominal amount, however the cost of challenging the value, should it be considered to not be appropriate, would likely outweigh the difference in any increase in value. Therefore it is recommended in this instance to be agreeable to the compensation as determined by the Valuer General.

It is pointed out that the acquisition of the subject land will not reduce public access along the river bank as that will be maintained along Old Ferry Road via the existing footpath.

The exact location of the proposed Bridge has been subject to a number of amendments by the RMS. It is understood via the request to acquire this land that the proposed location is in accordance with the current plan at Appendix 1. However it is noted that the proposed acquisition area has not yet been defined by a final survey. As such, it is recommended that Council agree to the compulsory acquisition of the subject land, with compensation as determined by the Valuer General to be accepted by Council and any minor variation to the location or size be considered acceptable to Council.

It is noted that Council previously resolved at the Ordinary Meeting of 26 August 2013, subject to the approval of the proposed closure of Part Old Ferry Road, to reclassify and transfer a portion of the subject Lot 2 to the adjoining owner. It is noted that a draft contract has been issued to Sinclair Nominees for consideration and the road closure process has been commenced and is pending subject to the finalisation of the location of the bridge. Subject to the location being finalised by the RMS, further action will be taken to process the road closure, including a further report to Council.

Additionally, as the compulsory acquisition process can take some time to process, RMS have requested that Council enter into an “Early Entry Permit” to enable works to commence as soon as possible. The proposed agreement is for a term of 7 months commencing from 1 September 2014 to 1 March 2015. Subject to the provision of suitable public liability cover and lodgement of a bond or bank guarantee in the sum of $1,000.00, it is recommended that Council agree to enter into an Early Entry Permit with the RMS for access to Part Lot 2 DP 580256 – Old Ferry Road, Penrith.

Recommendati on

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RECOMMENDATION That: 1. The information contained in the report on Proposed Compulsory Acquisition of Council land by Roads and Maritime Services and Early Entry Permit - Part Lot 2 DP 580256 - Old Ferry Road, Penrith - Nepean River Green Bridge be received. 2. Council agree to the compulsory acquisition of the subject land, with compensation as determined by the Valuer General to be accepted by Council and any minor variation to the location or size be considered acceptable to Council. 3. Council agree to enter into an Early Entry Permit with the RMS for access to Part Lot 2 DP 580256 – Old Ferry Road, Penrith. 4. The Common Seal of the City of Penrith be placed on all necessary documents.

ATTACHMENTS/APPENDICES 1. Location Plan Part Lot 2 DP 580256 - Old Ferry Road, Penrith 1 Page Appendix

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Ordinary Meeting 23 June 2014 Appendix 1 - Location Plan Part Lot 2 DP 580256 - Old Ferry Road, Penrith

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15 - Local Government N SW Annual C onfer ence 2014

15 Local Government NSW Annual Conference 2014

Compiled by: Adam Beggs, Acting Senior Governance Officer Authorised by: Stephen Britten, Chief Governance Officer

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

Executive Summary Local Government NSW (LGNSW) will hold its Annual Conference at Coffs Ex-Service Club, Coffs Harbour from 19-21 October 2014.

Council is entitled to nominate up to ten (10) Councillors as voting delegates to attend the Conference, as well as including other Councillors as observers.

It is Council’s practice to sponsor up to three observers chosen by the Deerubbin Local Aboriginal Land Council (LALC) to attend the Conference.

The Association has again requested that councils provide input to guide the content of the business sessions by identifying the most important 3-5 issues which they believe are causing concern to the Council and/or the local community.

The report recommends that Council nominate up to ten (10) voting delegates and other Councillor observers, and sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the Conference.

A copy of the draft program is provided at Appendix 1.

Background Local Government NSW (LGNSW) will hold its Annual Conference at Coffs Ex-Service Club, Coffs Harbour from 19-21 October 2014.

The election of the LGNSW Board took place at the first Annual Conference held at Sydney Town Hall, Sydney last year. This included the election of the first LGNSW President, two Vice Presidents and a Treasurer.

Over the years, Council has been very successful at influencing the development of statewide LG NSW policy, particularly in the areas of planning, the environment, community planning, fire and emergency services, roads and transport and rating policy.

Delegates It is the Council’s usual practice at this time to nominate its delegates to represent Penrith City Council at the upcoming Conference. Local Government NSW has advised that the premise for determining voting entitlements is based on the total number of votes in the rural/regional areas totalling the same number of votes in the metro/urban areas. As there

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are more rural/regional councils a calculation needs to be conducted to ensure that the number of votes is balanced. Council’s final voting entitlement for the conference is ten (10).

Other Delegates and Observers In past years, because a number of Councillors from Penrith City Council have also represented either the Executive of the former Local Government Association or other industry organisations such as the Hawkesbury River County Council, delegate numbers have been higher than our previous entitlement. Council has also included Councillors as observers to the Conference in addition to its voting delegates.

In 2013 Council’s ten (10) voting delegates were Councillors Prue Car, Greg Davies, Karen McKeown, Jackie Greenow OAM, Jim Aitken OAM, Bernard Bratusa, Kevin Crameri OAM, Ross Fowler OAM, Tricia Hitchen and Michelle Tormey.

In 2013, for the twelfth year, Council sponsored up to three observers chosen by the Deerubbin Local Aboriginal Land Council (LALC) to attend the LGA Conference.

As the NSW Aboriginal Land Council is a member of Local Government NSW in its own right, it is entitled to select 9 delegates to attend the 2014 Local Government NSW Conference. The network of 121 Local Aboriginal Land Councils (LALCs) is divided into nine Regions and the Deerubbin Local Aboriginal Land Council is one of eleven LALCs contained within the Sydney/Newcastle Region.

The process for selecting the 9 delegates is entirely up to the NSW Aboriginal Land Council and, at this stage, it is not certain how many delegates (if any) will be selected to attend the Conference from the Deerubbin LALC. Council could however, still make provision to sponsor up to three observers from the Deerubbin LALC pending the outcome of the selection process for the 9 Aboriginal Land Council delegates.

Submission of Motions Feedback from the 2013 Conference indicated that some delegates preferred discussing specific motions and others requested the discussion be consolidated to overarching issues. The Board has written to Council advising that they will try to balance both methods by setting aside the first day of businesses as the primary time to discuss all issues and motions, with an additional session time put aside to ask how motions and issues are dealt with into the future.

Accordingly, councils have been requested to identify the most important 3-5 issues which they believe are causing concern to the Council and/or the community. Councils have been encouraged to suggest an appropriate solution by including either a motion which could be considered by the Conference or notes which might guide delegates to an agreed position. The issues must fall under one of the following categories: (Category Definitions provided at Appendix 2)

1. Industrial relations and employment 2. Economic 3. Environmental 4. Governance/Civic Leadership 5. Social Policy

Local Government NSW has advised that the submission of Council’s identified issues and any accompanying notes or motions for consideration at the Conference must be completed prior to 1 August 2014.

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A further report will be submitted to the Policy Review Committee meeting on 14 July 2014 proposing issues/motions that could be raised at the Conference. Councillors are encouraged to raise any issues they think should be considered to staff prior to this meeting, to allow time for a motion and background information to be developed for inclusion in this report.

A copy of the draft program is provided at Appendix 1.

Conclusion Council has been successful in influencing State LGA policy through its involvement in past Conferences. The Delivery Program for 2013-17 identifies Council’s role in monitoring the impact of emerging policies and seeking to influence State and Federal Governments through a strong advocacy role. Council’s attendance and involvement at the Local Government NSW Conference is one of the activities that contribute to achieving these delivery actions.

Recommendati on

RECOMMENDATION That: 1. The information contained in the report on Local Government NSW Annual Conference 2014 be received. 2. Council nominate ten (10) voting delegates to attend the 2014 Local Government NSW Conference to be held at Coffs Ex-Service Club, Coffs Harbour from 19-21 October 2014. 3. Council give consideration to the nomination of observers to attend the 2014 Local Government NSW Conference. 4. Council sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2014 Local Government NSW Conference.

ATTACHMENTS/APPENDICES 1. 2014 LG NSW Conference Draft Program 2 Pages Appendix 2. Motion Categories 1 Page Appendix

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16 - ALGWA 2014

16 ALGWA 2014

Compiled by: Alison Randall, Property Development Assistant Authorised by: Jeni Pollard, Place Manager

Outcome We have confidence in our Council Strategy Ensure our finances and assets are sustainable and services are delivered efficiently Service Activity Provide staff with opportunities for learning and development

Executive Summary Council has maintained a long term involvement with the Australian Local Government Women’s Association (ALGWA) as the peak body representing the interests of women in local government as elected members and also staff. This report provides information on the outcomes of the recent ALGWA Annual Conference as well as feedback from staff who attended. The report recommends that the information be received.

Background

The Australian Local Government Women’s Association (ALGWA) NSW Branch, 2014 State Conference was held in Broken Hill from 20-23rd March 2014. The conference was extremely successful and was attended by approximately 120 delegates made up of elected representatives and staff from various councils in New South Wales. The theme of the conference was Embracing Change - Be the Driver not the Passenger.

The Conference

The key note speaker on the first day was Amanda Gore. Amanda is a communications and performance expert and CEO of ‘The Joy Project’. Amanda presented an entertaining and thought provoking session using the latest research in neuroscience, positive psychology, epigenetic, and emotional intelligence. The Joy Project is focused on helping leaders achieve the results they need by getting people engaged in, enthusiastic about and aligned with corporate goals and vision.

Heather Chaffey, Council’s Community Engagement Officer was approached to present on working with communities during change. Heather spoke about managing interactions with residents who are either disengaged or in a rage as well as highlighting some of the outstanding work of the Neighbourhood Renewal Program in Penrith. The presentation was well received and resulted in a number of delegates seeking advice and support including metropolitan and rural councils as well as one in the Northern Territory.

Topics of discussion at the conference included organisational development and unlocking the potential of human resources within your council. The Economic Development Manager from Broken Hill presented an informative session on marketing and branding for their city.

The conference ran over two days with a number of keynote speakers and smaller breakout groups. Many of the sessions targeted issues of relevance for elected representatives, focussing on the needs of newly elected councillors.

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Other sessions were tailored to women in management in local government. On the second day, an informative panel with 4 female General Managers from Ashfield, Mosman, Lachlan Shire and Broken Hill discussed the importance of their roles and the challenges women face in leadership in local government.

An important component of any conference is the opportunity to meet and discuss common issues and challenges with others in similar roles and across local government generally. Broken Hill City Council went out of their way to host a friendly and welcoming conference including networking opportunities that highlighted the beauty and diversity of their city.

The Penrith Delegation

As in previous years, Penrith City Council staff members also attend the conference as a career and personal development opportunity. The following comments are from the staff that were apart of the Penrith delegation this year.

Alison Randall – Assistant Property Officer "This Conference has inspired me both professionally and personally. It was a great experience being amongst so many women who have come a long way in their professional lives. Broken Hill was an exciting place to visit with a long story to tell. Highlights of the Conference for me included listening to speaker Amanda Gore (The Joy Project), she challenged me to look at things from a different perspective and how to respond to issues in a positive way. The formal dinner on our last night was a highlight where we got to watch the sunset on the Mundi Mundi Planes and network with all the other delegates

I would like to take this opportunity to thank Penrith City Council for allowing me to be a part of this experience and supporting ALGWA”.

Heather Chaffey – Community Engagement Officer “Broken Hill was amazing and the staff and Councillors from Broken Hill were so generous. We met many amazing, talented and very savvy women at the conference. I was asked to present on Working with Communities to Cope with Change. I spoke about the skills that many women have which make them ideal ‘change managers’. I told some stories that demonstrate the approach of the Neighbourhood Renewal team to community engagement and the wonderful characters we meet in our daily working lives. Lots of people were looking to us for advice and support following the presentation.

A highlight for me was a panel presentation of four female General Managers and we really enjoyed hearing their thoughts on career development and the future of local government. I was fortunate to spend time with the GM’s at the conference dinner and got a chance for some one-on-one advice which was really valuable.”

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Jeni Pollard – Place Manager “Overall the conference was both interesting and challenging. The camaraderie of the Penrith group was certainly a highlight for me, so too the generosity of the staff from Broken Hill Council - I think they worked with the ALGWA Conference organisers to really show off their town and share the 'Broken Hill' experience. I enjoyed the presentation from Amanda Gore who spoke about letting go of your fear of what other people think of you and not letting negative people take away your enthusiasm. The Councillors that attended, Clrs Greenow and McKeown are well regarded and known by many in attendance. They have both clearly made a significant contribution to ALGWA over many years”.

Schandel Jefferys – Senior Planner “What a privilege it was to be chosen to attend the ALGWA Conference in Broken Hill. The conference provided lots of valuable information that has inspired me to create my own personal vision.

The key note speaker of the conference Amanda Gore involved us in an intensive workshop. The techniques she shared with us for greater self awareness, using assertiveness positively, getting the most out of each day and achieving life goals, resonate well with me and I’m sure everyone who attended.

Being surrounded by an inspiring group of women, networking and checking out local scenery were all really rewarding experiences. I would encourage other staff members to make a submission to attend future conferences”.

Michelle Spice – Management Accountant “I found the ALGWA conference to be a great opportunity to meet people from other council areas and to hear about the challenges for those that work in rural places particularly. It affirmed for me that Penrith is in a strong position and we have good working relationships with our Councillors and our community.

Going to Broken Hill and meeting their General Manager was a highlight. Teresa Mann comes from a finance background, the same as myself and it was interesting to listen to her presentation and then meet with her informally. She had some great insights into women in leadership.”

ALGWA 2015

The Annual General Meeting of ALGWA was held on Saturday, 22 March 2014 to elect office bearers for the ensuing year and consider motions for adoption as ALGWA policy. Clr McKeown and Clr Greenow were re elected to ALGWA as was Bev Spearpoint. Bev stood down as Secretary of ALGWA at this meeting and was acknowledged for her strong service in this role over the previous 12 months. Bev will continue in the role of Membership Officer for the Association.

A highlight of the conference were presentations by competing councils to host the 2016 Conference, which following Wollongong in 2015 will be once again hosted by a rural council. The winner of this strongly contested honour was Gunnedah following a presentation that showcased their rural ambience.

Conclusion

The ALGWA 2014 Conference – Embracing Change – had an informative and diverse program that provided value to both elected representatives and officers that attended. The

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location of Broken Hill was a great setting to discuss the challenges of contemporary local government.

Recommendati on

RECOMMENDATION That the information contained in the report on ALGWA 2014 be received.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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17 - Insur ance Renewals 2014-15

17 Insurance Renewals 2014-15

Compiled by: Ken Muir, Risk Management Co-ordinator Authorised by: Stephen Britten, Chief Governance Officer

Outcome We have confidence in our Council Strategy Demonstrate transparency and ethical behaviour Service Activity Support Council in managing enterprise risk and compliance

Executive Summary Major insurance cover provided by Westpool and United Independent Pools (UIP) is due for renewal. Westpool provides public liability cover and UIP provides Industrial Special Risk and General Property Insurance (ISR) and comprehensive motor vehicle cover. The members in the two risk and insurance pools are listed in the report. The cooperation of the members contributes to stabilising the cost of insurance and improving Council’s capacity to manage its risks.

The 2014-15 public liability premium of $820,000 is an increase of 0.5% on the 2013-14 premium that recognises the impact of the implementation of the Civil Liability Act and Council’s claims management processes with a $100,000 excess.

The premium for ISR cover is $568,000 with a $20,000 excess represents a 5% increase in insurance costs.

The comprehensive motor vehicle insurance premium for 2014-15 is $153,000, with an excess of $2,000 representing a $12,000 increase, or 8%, on the 2013-14 premium.

The report recommends that Council maintains the existing excess for liability, property and motor vehicle insurance and authorise contributions for insurance cover provided by Westpool and UIP.

Background Council is a founding member of two local government insurance pools - Westpool and United Independent Pools (UIP).

Westpool comprises the following Local Government bodies:

. Blacktown City Council Parramatta City Council . Blue Mountains City Council Penrith City Council . Fairfield City Council Shellharbour City Council . Hawkesbury City Council Wollongong City Council . Liverpool City Council Liability cover is provided through Westpool. Councillor Ross Fowler OAM has been Chairperson of Westpool for the last 19 years.

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UIP was formed by members of Westpool and MetroPool to spread the risks, share resources and stabilise premiums. UIP comprises the following Local Government bodies:

Westpool Councils Lane Cove Council Auburn City Council Marrickville Council Botany Bay City Council Rockdale City Council Holroyd City Council Kiama City Council Hunters Hill Council

UIP facilitates insurance programs for Industrial Special Risk (Property), comprehensive motor vehicle and minor ancillary cover.

Effective from 1 July 2014, Camden City Council will join Westpool and UIP. All services provided through Westpool and UIP are regularly market tested.

Current Situation Liability Insurance Westpool’s liability program provides pooled insurance cover for public liability and professional indemnity.

The contribution to Westpool liability cover for 2013-14 for Council and its controlled entities was $816,000 with a $100,000 claims excess layer.

For 2014-15, Westpool has offered the following claims excess layers for liability cover:

Liability Claim Excess $50,000 $75,000 $100,000 Contribution 2014-15 $896,000 $858,000 $820.000

The 2014-15 premium is an increase of 0.5% on the 2013-14 premium that recognises the impact of the implementation of the Civil Liability Act and Council’s claims management processes with a $100,000 excess. The following graph depicts the liability claims history over the last 12 years. The increase in the number of claims in 2011-12 is attributed to storm damages resulting in an increase in pothole claims. In general, the value of claims has been low. An increase in the claims values in 2009 -10, 2010 -11 and 2012 -13 is due to a small number of claims.

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Westpool’s the financial performance is strong and having achieved the APRA capital requirements Westpool was to return $186,000 surplus capital to Council in November 2013.

Industrial Special Risk and General Property Insurance Council’s Industrial Special Risk and General Property Insurance cover is due to expire on 30 October 2014. Cover is provided for insurance categories of Industrial Special Risk (ISR), fire & all risk (property only), machinery breakdown and computer breakdown.

In 2005, Council joined the UIP ISR self insurance program.

The contribution to UIP for ISR cover for 2013-14 for Council and its controlled entities was $507,000 with a $20,000 claims excess layer.

UIP has provided variable ISR excesses for 2014-15 for Council properties. These are:

ISR Claims Excess $10,000 $20,000 Premium Contribution 2014-15 $600,000 $568,000

The increase is attributed to increased value of assets, the cost of claims against UIP and a change in reinsurance arrangements.

Given the random number of claims and Council’s initiatives to improve fire and security protection, it is considered viable to continue with the excess to $20,000.

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The number of property claims in last 5 years is summarised in the following table.

Date Of Location Cause Cost Loss

Lambridge Estate Drain Security Fence 27/08/2008 Theft $15,978 Penrith City Council - loss of Depot Master Keys 11/12/2008 Loss $23,217 Ched Towns Reserve Sporting Field Amenities Block 23/01/2010 Fire $23,625 Fire Control Centre Regentville 5/02/2010 Storm $20,190 Joan Sutherland Performing Arts Centre Malicious (Special excess $10,000) 20/04/2010 Damage $11,000

Penrith City Council - Kingswood Depot 12/08/2010 Theft $41,985 Ripples Leisure Centre (Special excess $10,000) 8/11/2010 Storm $49,020 Multiple council buildings 16/12/2010 Storm $158,709 Multiple council buildings (18) 9/02/2012 Storm $101,275 Ripples Hydrotherapy (Special excess $10,000) – machinery parts 5/07/2012 Theft $50,000 Ripples Aquatic Centre (Special excess $10,000) 8/11/2012 Storm $35,176 Werrington Cottage 28/12/2013 Fire $50,000 RFS Regional Emergency Control Centre 15/03/2014 Storm $70,000 Joan Sutherland Performing Art Centre (Special excess $10,000) 24/03/2014 Storm $35,000

Motor Vehicle Insurance UIP has provided a comprehensive motor vehicle self insurance pool since 2009-10 which has resulted in savings for members. The comprehensive fleet and mobile plant insurance premium for 2014-15 is $153,000 with the existing excess of $2,000 This is an increase of $12,000, or 8%, on the 2013-14 contribution. This increase reflects the increased cost of parts and repairs. A proportion of these increased costs will be recouped from drivers of the light vehicle fleet and through plant hire rates. However, the motor vehicle insurance premium compared to private comprehensive insurance (average $1,000) remains favourable, with insurance cost per fleet passenger vehicles increasing from $266 in 2013- 14 to approximately $289 in 2014-15.

Controlled Entities Controlled entities have been offered a range of claims excesses for ISR and liability cover with appropriately varied contributions based on the Westpool and UIP contribution formulae.

Recommendati on

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RECOMMENDATION That: 1. The information contained in the report on Insurance Renewals 2014-15 be received. 2. Council retain its $100,000 claims excess for Public Liability cover and agree to pay a contribution of $820,000 to Westpool for liability cover. 3. Council retain its $20,000 claims excess for Industrial Special Risk and General Property cover and agree to pay a contribution of $568,000 to United Independent Pools.

4. Council agree to retain its $2,000 excess and agree to pay UIP a contribution of $153,000 to the comprehensive motor vehicle insurance pool.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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18 - Federal Budget Announcements

18 Federal Budget Announcements

Compiled by: Andrew Moore, Financial Services Manager Authorised by: Vicki O’Kelly, Executive Manager Corporate Requested By: Councillor Prue Car

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

Executive Summary On 13 May 2014 the Federal Government delivered their 2014-15 Budget. While a number of the initiatives will continue to be debated by the Parliament, Council Officers have undertaken an assessment of the announcement that will likely impact Penrith City Council.

The most notable of the announcements include the removed of indexation on Financial Assistance Grants for 2014-15, 2015-16 and 2016-17 and also the early cessation of the National Partnership Agreement on Certain Concessions for Pensioners Concession Card and Seniors Card Holders which provides funding directly to the State Government to assisting in funding initiatives including the co-funding of the Pensioner Rates Rebate.

This report includes a summary of these announcements and their potential impacts.

Summary of Announcements

Financial Assistance Grant – Indexation removed for three years

A significant part of Council’s annual revenue ($11.5m in 2013-14 and $10.8m in 2012-13) is derived from the Financial Assistance Grant. Local Government Financial Assistance Grants are general purpose grants that are paid to local councils under the provisions of the Commonwealth Local Government (Financial Assistance) Act 1995.

The grant received in 2013-14 consists of two components, a general component ($9.4m) and a roads component ($2.1m).

This announcement will mean that the total pool of available funds of $2.28b across the country will not be indexed. The distribution of the NSW allocation is calculated by a complex formula administered by the NSW Grants Commission. This calculation would ordinarily see all Councils’ proportional allocations adjusted each year based on a number of factors. It is anticipated that this process will continue resulting in a further refinement of Council’s 2014-15 allocation, which will be addressed in the September Review.

Council’s 2014-15 budget originally included indexation of $281,359 for the general component and $65,039 for the roads component compared to the 2013-14 allocation. This indexation has been removed from the budget as detailed in a separate report to tonight’s meeting.

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The ongoing impact of this announcement is estimated as a total loss of income over the three years of $1.7m for the general component and $404,000 for the roads component. In addition to this lost income the removal of the indexation also results in a reduction to the ongoing base of the grant of $854,000 for the general component and $191,000 for the roads component from 2017-18.

Roads to Recovery (R2R) – continued with increased funding

The Federal Government has remained committed to Roads to Recovery (R2R) funding at $350 million per annum, but has flagged that an additional $350 million will be provided in R2R funding in 2015-16 from the Asset Recycling program once established.

In addition a new $300 million program for the renewal of bridges, to be spread over five years, will begin in 2014-15. R2R funding is an important component of Council’s Road Asset Management and Renewal funding strategy so the continuation of this program and the additional funding should enable Council to maintain its commitment to the Roads budget.

Council 2013-14 allocations through R2R was $1,038,529

Pensioner Rebates – cancellation of National Partnership Agreement

The Federal Budget also announced the early cessation the National Partnership Agreement on Certain Concessions for Pensioners Concession Card and Seniors Card Holders. This agreement between the Federal Government and the States provided funding to the States for additional assistance for pensioner concessions, including funding for the Local Government Pensioners rebate.

The current Pensioner rebate is $250, a mandatory amount established by the Local Government Act that Council must provide to each eligible pensioner. Currently Council receives reimbursement of 55% of this subsidy from the State Government. The Local Government Act (s581) only requires 50% of the rebate to be reimbursed from the State Government with the additional 5% currently being paid as a result of the additional funding the State receives.

The NSW State Budget, delivered on Tuesday 17 June, indicates that the State Government will ensure that no price or bill increases are experienced by Pensioners. At the time of writing this report Council Officers had not received confirmation that this would extend to the reimbursement to Councils, nor had we been notified that this reimbursement will be reduced. The value of this additional 5% is currently $123,600, and likely to increase over time.

Recommendati on

RECOMMENDATION That the information contained in the report on Federal Budget Announcements be received.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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19 - Pecuni ar y Interest R eturns

19 Pecuniary Interest Returns

Compiled by: Harold Dulay, Policy & Council Support Officer Authorised by: Adam Beggs, Acting Senior Governance Officer

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

Executive Summary Chapter 14 of the Local Government Act, 1993 (the Act) concerns “Honesty and Disclosure of Interests” and requires all elected members and designated persons to complete an initial Pecuniary Interest Return, and every year thereafter, an Annual return. Designated persons include the General Manager, other senior staff and staff holding a position identified by the Council as a position of a designated person because it involves the exercise of certain functions such as regulatory or contractual functions. First returns have to be completed within three months of becoming a Councillor or designated person. The returns listed in this report have been lodged prior to the due date for the receipt of the returns.

Current Situation Section 450A of the Act deals with the registration and tabling of returns lodged by Councillors and designated persons. A register of all returns lodged by Councillors and designated persons in accordance with the Act is currently kept by Council as required by this part of the Act. A list of the pecuniary interest returns lodged by Councillors and designated persons must be tabled at a Council Meeting. With regard to Section 450A(2)(a) the following first pecuniary interest returns have been lodged:

Name Position Title Due Date Date Lodged Graham Green Senior Traffic Engineer 4 February 2014 8 November 2013 Lawrence Moore Environmental Health Officer 4 February 2014 23 January 2014 Alison Butler Planner 15 February 2014 11 December 2013 Darren Wilson Depot and Fleet Coordinator 6 April 2014 14 February 2014 Organisational Performance and Fiona Plesman 10 May 2014 21 February 2014 Development Manager Ramzi Korkees Senior Project Engineer 14 July 2014 30 April 2014

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Conclusion The returns have been lodged prior to the due date for the receipt of the returns, and are kept in a register held by the Senior Governance Officer. The documents are available for inspection in accordance with Chapter 4, Part 2 of the Local Government Act, 1993 and are tabled in accordance with the Act.

Recommendati on

RECOMMENDATION That the information contained in the report on Pecuniary Interest Returns be received.

ATTACHMENTS/APPENDICES There are no attachments for this report.

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20 - Digital Economy Strateg y and Smart Wor k H ub Update

20 Digital Economy Strategy and Smart Work Hub Update

Compiled by: Russell Cook, Project Coordinator - Digital Economy Strategy Authorised by: Vicki O’Kelly, Executive Manager Corporate

Outcome We have confidence in our Council Strategy Demonstrate transparency and ethical behaviour Service Activity Provide the information technology infrastructure and support to enable effective and efficient delivery of the organisation's services

PLEASE NOTE:

Commercial Matter

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 prejudice the commercial position of the person who supplied it and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

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PLEASE NOTE:

Commercial Matter

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 prejudice the commercial position of the person who supplied it and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

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PLEASE NOTE:

Commercial Matter

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 prejudice the commercial position of the person who supplied it and discussion of the matter in pen meeting would be, on balance, contrary to the public interest.

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PLEASE NOTE:

Commercial Matter

This item has been referred to committee of the whole as the report refers to commercial i nfor mation of a confidential nature that woul d, if disclosed pr ejudice the commerci al positi on of the person who s uppli ed it and discussi on of the matter in Recommendation open meeting would be, on balance, contrary to the public interest

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21 - Summar y of Investments and Banking for the period of 1 M ay - 31 M ay 2014

21 Summary of Investments and Banking for the period of 1 May - 31 May 2014

Compiled by: Pauline Johnston, Revenue Accountant Authorised by: Vicki O’Kelly, Executive Manager Corporate

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

Executive Summary The purpose of this report is to provide a summary of investments for the period 1 May 2014 to 31 May 2014 and a reconciliation of invested funds at 31 May 2014. The report recommends that the information contained in the report be received.

Background

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 May 2014.

Vicki O’Kelly Responsible Accounting Officer

Recommendati on

RECOMMENDATION That: 1. The information contained in the report on Summary of Investments and Banking for the period of 1 May - 31 May 2014 be received. 2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 May 2014 to 31 May 2014 be noted and accepted. 3. The graphical investment analysis as at 31 May 2014 be noted:

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ATTACHMENTS/APPENDICES 1. Summary of Investments and Banking 4 Pages Appendix

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Committee of the Whole COMMITTEE OF THE WHOLE

DELIVERY PROGRAM REPORTS

CONTENTS

Pecuniary Interests

Other Interests

Monday June 23 2014

Item Page

1 Presence of the Public 1

2 Commercial Matter - Smart Work Hub - Recommended EOI Respondent Update 2

3 Legal Matter - Development Application DA12/0308 Update on status of Lot 1 DP 237071 (No. 265) Seventh Avenue, Llandilo Applicant: Sharon Jones Architectural Design; Owner: ~Adam John McBurney and Tennille Gay McBurney 2

4 Legal Matter - Compliance Issues, 8 Farm Road, Mulgoa 3

Ordinary Meeting 23 June 2014 A Leading City

1 Presence of the Public

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

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

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

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

The matters and information are the following:

(a) personnel matters concerning particular individuals;

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

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

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

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

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

reveal a trade secret.

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

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

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

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting. The grounds must specify the following: (a) the relevant provision of section 10A(2);

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

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

Corporate Governance Page 1 Ordinary Meeting 23 June 2014 A Leading City

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 7

2 Commercial Matter - Smart Work Hub - Recommended EOI Respondent Update This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Outcome 2

3 Legal Matter - Development Application DA12/0308 Update on status of Lot 1 DP 237071 (No. 265) Seventh Avenue, Llandilo Applicant: Sharon Jones Architectural Design; Owner: ~Adam John McBurney and Tennille Gay McBurney This item has been referred to Committee of the Whole as the report refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Corporate Governance Page 2 Ordinary Meeting 23 June 2014 A Leading City

Outcome 5

4 Legal Matter - Compliance Issues, 8 Farm Road, Mulgoa This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, prejudice the maintenance of law and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Corporate Governance Page 3

ATTACHMENTS

Date of Meeting: Monday 23 June 2014 Report Title: Proposed Corridor for South West Rail Link Extension - Council's Submission Attachments: Connecting People and Jobs Structure and Content of Transport for NSW's Report Proposed Corridor and Core Stations Key Centres and Centre Types Preferred Location for the Proposed Corridor and Stations Council's Submission on South West Rail Link Corridor Extension

Ordinary Meeting 23 June 2014 Attachment 1 - Connecting People and Jobs

Page 1 Ordinary Meeting 23 June 2014 Attachment 2 - Structure and Content of Transport for NSW's Report

Attachment 2: Structure and Content of Transport for NSW’s report South West Rail Link Extension – Public transport corridor protection What is this Report about? – outlines the proposed public transport corridor and the announcement of the second Sydney airport. Integrated Planning in NSW – outlines the State Government’s strategic planning framework including the Draft Metropolitan Strategy for Sydney 2031, the NSW Long Term Transport Master Plan and Sydney’s Rail Future. (This plan details the long term strategy to increase the capacity of Sydney’s rail network and improve the customer experience). Accommodating Sydney’s Growth – overviews the expected population growth in Western Sydney and where major residential and employment areas are proposed, including the North West and South West Growth Centres and the BWSEA. Transport for the South-West – outlines why new transport links are needed across south-west and western Sydney. Connecting Centres – outlines the need to connect centres in south-west Sydney and the Government’s current and proposed transport initiatives including the South West Rail Link, the M5 West widening, WestConnex and the Outer Sydney Orbital. South West Growth Centre and Precinct Planning – overviews the extent of the South West Growth Centre and the precinct planning process. Broader Western Sydney Employment Area – overviews the extent of the BWSEA and the elements of the draft Structure Plan. Overview of the Corridor – outlines the general location of the Corridor, the benefits of the Corridor and the role of proposed core stations, noting that additional stations will also be considered. Sydney’s Major Transport Corridors – illustrates the 19 major transport corridors across Sydney for future transport requirements as identified in the NSW Long Term Transport Master Plan. Why Protect a Corridor? – outlines the reasons for protecting a corridor Protecting Public Transport Corridors – outlines how the Corridor will be protected using the Growth Centres SEPP and Infrastructure SEPP. Next Steps and Have Your Say – outlines the two stages of consultation and how to make a submission.

Page 1 Ordinary Meeting 23 June 2014 Attachment 3 - Proposed Corridor and Core Stations

Page 1 Ordinary Meeting 23 June 2014 Attachment 4 - Key Centres and Centre Types

Page 1 Ordinary Meeting 23 June 2014 Attachment 5 - Preferred Location for the Proposed Corridor and Stations

Page 1 Ordinary Meeting 23 June 2014 Attachment 6 - Council's Submission on South West Rail Link Corridor Extension

Page 1 Ordinary Meeting 23 June 2014 Attachment 6 - Council's Submission on South West Rail Link Corridor Extension

Page 2 Ordinary Meeting 23 June 2014 Attachment 6 - Council's Submission on South West Rail Link Corridor Extension

Page 3 Ordinary Meeting 23 June 2014 Attachment 6 - Council's Submission on South West Rail Link Corridor Extension

Page 4 Ordinary Meeting 23 June 2014 Attachment 6 - Council's Submission on South West Rail Link Corridor Extension

Page 5 Ordinary Meeting 23 June 2014 Attachment 6 - Council's Submission on South West Rail Link Corridor Extension

Page 6 Ordinary Meeting 23 June 2014 Attachment 6 - Council's Submission on South West Rail Link Corridor Extension

Page 7 Ordinary Meeting 23 June 2014 Attachment 6 - Council's Submission on South West Rail Link Corridor Extension

Page 8

ATTACHMENTS

Date of Meeting: Monday 23 June 2014 Report Title: Development Application DA14/0072 for Attached Dual Occupancy at Lot 11 DP 1097496, (No. 44) Russell Street, Emu Plains Attachments: DA14/0072 - Locality Plan DA14/0072 - Architectural Plans DA14/0072 - 88b Restrictions DA14/0072 - Applicants Report

Ordinary Meeting 23 June 2014 Attachment 1 - DA14/0072 - Locality Plan

Page 1 Ordinary Meeting 23 June 2014 Attachment 2 - DA14/0072 - Architectural Plans

Page 1 Ordinary Meeting 23 June 2014 Attachment 2 - DA14/0072 - Architectural Plans

Page 2 Ordinary Meeting 23 June 2014 Attachment 2 - DA14/0072 - Architectural Plans

Page 3 Ordinary Meeting 23 June 2014 Attachment 3 - DA14/0072 - 88b Restrictions

Page 1 Ordinary Meeting 23 June 2014 Attachment 3 - DA14/0072 - 88b Restrictions

Page 2 Ordinary Meeting 23 June 2014 Attachment 3 - DA14/0072 - 88b Restrictions

Page 3 Ordinary Meeting 23 June 2014 Attachment 3 - DA14/0072 - 88b Restrictions

Page 4 Ordinary Meeting 23 June 2014 Attachment 4 - DA14/0072 - Applicants Report

Page 1 Ordinary Meeting 23 June 2014 Attachment 4 - DA14/0072 - Applicants Report

Page 2 Ordinary Meeting 23 June 2014 Attachment 4 - DA14/0072 - Applicants Report

Page 3 Ordinary Meeting 23 June 2014 Attachment 4 - DA14/0072 - Applicants Report

Page 4

ATTACHMENT

Date of Meeting: 23 June 2014

Delivery Program: Outcome 7

Service: Financial Services

Report Title: 2013-2014 Voted Works