Agenda of Ordinary Meeting - Monday, 12 December 2022

UNCONFIRMED MINUTES

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

ON MONDAY 28 NOVEMBER 2022 AT 7:00PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

WEBCASTING STATEMENT

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

STATEMENT OF RECOGNITION

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

PRAYER

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

PRESENT – IN PERSON

Her Worship the Mayor, Councillor Tricia Hitchen, and Councillors Bernard Bratusa, Kevin Crameri OAM, Mark Davies, Ross Fowler OAM, Glenn Gardiner, Mark Rusev and Marlene Shipley.

PRESENT – ATTENDED REMOTELY

Councillors John Thain, Kevin Crameri OAM, Sue Day, Robin Cook, Jonathan Pullen and Karen McKeown OAM.

LEAVE OF ABSENCE

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

319 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marlene Shipley that Leave of Absence be granted to Councillor Todd Carney for his non-attendance at the meeting.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 31 October 2022

320 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marlene Shipley that the minutes of the Ordinary Meeting of 31 October 2022 be confirmed.

DECLARATIONS OF INTEREST

Her Worship the Mayor, Councillor Tricia Hitchen declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 7 - Luddenham Road Planning Proposal Update, VPA and DCP, as one of the members is also a member at the same association as her.

Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Significant in Item 7 - Luddenham Road Planning Proposal Update, VPA and DCP, as one of the landowners is his client. Councillor Ross Fowler OAM stated that he would leave the meeting during consideration of this item and will not take part in discussion or voting on the issue.

Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in CW2 - Council Property - Licence Agreement - Operational land - 688 High St, Penrith, as he is on the board of one of the companies mentioned in the report. Councillor Mark Davies stated that he would leave the meeting during consideration of this item and will not take part in discussion or voting on the issue.

SUSPENSION OF STANDING ORDERS

321 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:05pm.

Director Financial Audit, Reiky Jiang

Item 19 - Finalisation of 2021-22 Financial Statements

Director Financial Audit, Reiky Jiang provided a presentation in relation to Item 19 - Finalisation of 2021-22 Financial Statements. Ms Jiang discussed Council’s financial report for 2022 and the Annual Work Program for 2022-2025. Ms Jiang also presented an overview of the key areas of focus in 2021-22 for next year’s Local Government Sector report to Parliament. She then disclosed Council’s current income statement and cash position.

RESUMPTION OF STANDING ORDERS

322 RESOLVED on the MOTION of Councillor Mark Rusev seconded Councillor Mark Davies that Standing Orders be resumed, the time being 7:22pm.

Mayoral Minutes

1 The passing of Mr John Mullane

323 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM that the Mayoral Minute on The passing of Mr John Mullane be received.

2 Support for Lachlan Shire Community facing flood devastation

324 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on Support for Lachlan Shire Community facing flood devastation be received.

Notices of Motion

1 Penrith Paceway Site

A MOTION was moved by Councillor Karen McKeown OAM seconded Councillor Robin Cook

That:

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

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

325 An AMENDMENT was MOVED by Councillor Bernard Bratusa seconded Councillor Jonathan Pullen.

That Penrith City Council:

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

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

3. Strongly supports the NSW Government's plan to redevelop Penrith Stadium

4. Notes the Penrith Paceway site is zoned private recreation.

5. Does not support the re-zoning of the Penrith Paceway site for high-rise development

6. Notes on the 4 July 2022 Infrastructure NSW commenced commercial negotiations for the acquisition of the Paceway site

7. Acknowledges the current negotiations between Penrith District A, H & I Society and Infrastructure NSW.

8. Supports the full relocation of the current facilities at no cost to the Penrith District A, H & I Society to a suitable location within the Penrith LGA.

9. Supports the existing stadium into becoming a dedicated public open space.

10. Supports the proposed redevelopment of Penrith Stadium on the current Penrith Paceway site.

Councillor Ross Fowler OAM called for a DIVISION.

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

On being PUT to the meeting the AMENDMENT was CARRIED, and on becoming the MOTION was also CARRIED.

Councillor Ross Fowler OAM called for a DIVISION.

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

Reports of Committees

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

326 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Bernard Bratusa that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 10 August, 2022 be adopted.

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

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

That:

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

2. Concerns raised by the Heritage Committee regarding the impact of an offer into a VPA on the heritage of 57 Henry Street, Penrith be recorded.

Councillor Glenn Gardiner left the meeting, the time being 7:59pm.

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

328 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Robin Cook that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 November, 2022 be adopted.

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

329 RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Marlene Shipley that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 9 November, 2022 be adopted.

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

330 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Rusev that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 14 November, 2022 be adopted.

DELIVERY PROGRAM REPORTS

Outcome 5 - We have open and collaborative leadership

19 Finalisation of 2021-22 Financial Statements

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

That:

1. The information contained in the report on Finalisation of 2021-22 Financial Statements be received.

2. Council notes the completion of the public exhibition process for Council’s 2021-22 Financial Statements and that Council has submitted its Financial Statements for the year ended 30 June 2022 to the Office of Local Government.

3. The debt recovery process for overdue rates return to the pre-pandemic process, including the recommencement of legal action in March 2023.

Councillor Mark Davies left the meeting, the time being 8:02pm.

Councillor Glenn Gardiner returned to the meeting, the time being 8:02pm.

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

1 Magnetic Places Program - 2022-23

332 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM

That:

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

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

2 Draft Library Services Strategy

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

That:

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

2. Council authorises the draft Library Services Strategy being placed on public exhibition from 9 January 2023 to 21 February 2023.

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

334 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM

That:

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

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

4 Request For Major Event Sponsorship - Paddle Australia Limited

335 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM

That:

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

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

Councillor Glenn Gardiner returned to the meeting, the time being 8:04pm.

5 Request For Community Event Sponsorships

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

That:

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

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

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

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

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

Outcome 3 - We plan and shape our growing City

6 Endorsement of the St Marys Town Centre Structure Plan

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

That:

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

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

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

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

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

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

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

Councillor Ross Fowler OAM left the meeting, the time being 8:13pm.

7 Luddenham Road Planning Proposal Update, VPA and DCP

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

That:

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

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

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

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

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

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

Councillor Ross Fowler OAM returned to the meeting, the time being 8:14pm.

Outcome 4 - We manage and improve our built environment

8 Victoria Street, Kingswood – Deferred LTC Item

339 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Karen McKeown OAM

That:

1. The information contained in the report on Victoria Street, Kingswood – Deferred LTC Item be received.

2. Design Plans AV39, as shown in Appendix 1, be endorsed for construction, with funding provided from the 2021/22 Black Spot & Safer Roads Programs.

3. Residents who addressed the Council’s Ordinary Meeting on 27 June 2022 be advised of Council’s resolution.

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

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

That:

1. The information contained in the report on RFT 22/23-02 Parker Street Athletics Amenities, Penrith be received.

2. Council decline to accept any tenders received for RFT 22/23-02 Parker Street Athletics Amenities.

3. Council not call for fresh tenders for the reason that pricing options provided in the submitted tenders may be negotiated with the submitting companies and tenders received are from qualified and experienced contractors. Fresh tenders are not likely to present a more advantageous result to Council.

4. The General Manager be authorised to negotiate with tenderers.

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

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

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

341 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Glenn Gardiner

That:

1. The information contained in the report on RFT 22/23-04 Boronia Park Upgrade - Amended be received.

2. Scope of works identified as Option 1 be awarded to Coverit Building Group Pty Ltd under the existing contract – RFT 22/23-04 Boronia Park Upgrade.

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

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

342 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Glenn Gardiner

That:

1. The information contained in the report on RFQ 22/23-24 At Home Noise Treatment Works - Erskine Park Road Upgrade be received.

2. Master Building Solution Pty Ltd be awarded the Contract for RFQ 22/23-24 At Home Noise Treatment Works - Erskine Park Road Upgrade, subject to the execution of a formal agreement.

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

Outcome 5 - We have open and collaborative leadership

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

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

That:

1. The information contained in the report on RFT 22/23-22- Corporate Planning and Reporting and Project Management Software be received

2. LG Software Solutions Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the RFT 22/23-022 Corporate Planning and Reporting and Project Management Software for an amount of $444,075 excluding GST over 3 years, subject to an acceptable financial check.

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

13 Confirmation of Organisation Structure

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

That:

1. The information contained in the report on Confirmation of Organisation Structure be received.

2. Council endorses the continuation of the current organisational structure at Appendix 1.

14 2021-22 Penrith City Council Annual Report

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

That:

1. The information contained in the report on 2021-22 Penrith City Council Annual Report be received

2. The 2021-22 Penrith City Council Annual Report be endorsed for submission to the NSW Office of Local Government by 30 November 2022, subject to minor amendments.

15 Code of Conduct - Report on Complaints Statistics

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

That:

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

2. A copy of this report along with complaints statistics provided in accordance with 11.2 of the Model Code Procedures be forwarded to the Office of Local Government.

16 2023 Proposed Meeting Calendar

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

That:

1. The information contained in the report on 2023 Proposed Meeting Calendar be received

2. The draft Council Meeting Calendar for 2023 be adopted.

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

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

That:

1. The information contained in the report on Compulsory Acquisition of Lot 1 DP 1284387, being Part 12 Werrington Road Werrington for Public Road Purposes be received

2. The following land, and interests in land, be acquired by compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) by authority contained in the Roads Act 1993 (NSW) for the purposes of the Werrington Road Acquisition:

a. Lot 1 in Deposited Plan 1284387, being part of Lot 12 in Deposited Plan 734612 and having an area of 479m2.

3. Minerals be excluded from the acquisition.

4. The acquisition not be for the purpose of resale.

5. Upon acquisition, Council dedicate the land as public road in accordance with section 10 of the Roads Act 1993 (NSW).

6. The necessary applications be made to the NSW Minister for Local Government and the NSW Governor.

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

18 Organisational Financial Review - September 2022

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

That:

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

2. The Organisational Financial Review - September 2022 as at 30 September 2022, including the revised estimates outlined in this report and detailed in the Organisational Report - September 2022, be adopted.

20 2022-23 Borrowing Program

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

That:

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

2. Council borrows the $37,800,000 to fund a property purchase and infrastructure assets ($30m for 158-164 Old Bathurst Road, Emu Plains property purchase, $4m for City Park (2^nd loan) and $3.8m for Regatta Park).

3. The General Manager be granted delegated authority to negotiate the loans in accordance with this resolution.

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

5. The final terms and conditions of the borrowings be reported to the Council upon completion of the loan contracts.

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

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

That:

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

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

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

Committee of the Whole

352 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Glenn Gardiner that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:26pm.

1 Presence of the Public

CW1 RESOLVED on the motion of Councillor Bernard Bratusa seconded Councillor Glenn Gardiner that the press and public be excluded from Committee of the Whole to deal with the following matters:

Outcome 5

2 Council Property - Licence Agreement - Operational land - 688 High St, Penrith

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

3 Council Property as Crown Land Manager - Lease - 4 Punt Road Emu Plains

Outcome 4

4 Factory Road, Regentville – Acceptance of Grant Funding for Shared Path Design

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

The meeting resumed at 8:29pm and the General Manager reported that the Committee of the Whole met at 8:26pm on 28 November 2022, the following being present

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

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

Councillor Mark Davies left the meeting, the time being 8:27pm.

CONFIDENTIAL BUSINESS

2 Council Property - Licence Agreement - Operational land - 688 High St, Penrith

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marlene Shipley

CW2 That:

1. The information contained in the report on Council Property - Licence Agreement - Operational land - 688 High St, Penrith be received

2. Council approve the Licences as per the terms and conditions listed within the report.

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

Councillor Mark Davies returned to the meeting, the time being 8:28pm.

3 Council Property as Crown Land Manager - Lease - 4 Punt Road Emu Plains

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Rusev

CW3 That:

1. The information contained in the report on Council Property as Crown Land Manager - Lease - 4 Punt Road Emu Plains be received

2. Council approve the proposed new lease agreement as detailed in the report.

4 Factory Road, Regentville – Acceptance of Grant Funding for Shared Path Design

RECOMMENDED on the MOTION of Councillor Bernard Bratusa seconded Councillor Sue Day

CW4 That:

1. The information contained in the report on Factory Road, Regentville – Acceptance of Grant Funding for Shared Path Design be received.

2. The Grant Funding for Shared Path Design in the amount of $325,000 be accepted.

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

ADOPTION OF Committee of the Whole

353 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 8:31pm.

Ordinary Meeting 12 December 2022

REPORT AND RECOMMENDATIONS OF THE
Resilience Committee MEETING

HELD ON 23 November, 2022

PRESENT

Councillors Robin Cook, Mark Rusev; Yang Xiang, Nerida Buckley, Nevin Sweeney, Aditi Verma, Daniel Conway.

IN ATTENDANCE

Jeni Pollard – Manager City Resilience (Chair), Belinda Atkins – Sustainability and Resilience Lead, Andrew Hewson – Community Recovery Coordinator, Krystie Race – Sustainability Research Planner, Ashley Gourdon – Cooling the City Engagement Officer.

Observer: Shannon Richardson, Resilient Sydney.

APOLOGIES

Clr Karen McKeown, Marzi De Santi, Margaret Maljkovic, Dr Victor Carey, Carina Fernandes

CONFIRMATION OF MINUTES - Resilience Committee Meeting - 31 August 2022

The minutes of the Resilience Committee Meeting of 31 August 2022 were confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

DELIVERY PROGRAM REPORTS

Outcome 1 - We protect and enhance an ecologically sustainable environment

1 Monitoring Council's Sustainability Performance

Krystie Race, Sustainability Research Planner presented an overview of Council’s sustainability performance for 2021-22, and Council’s efforts towards improving the energy and water efficiency of our assets and operations, and meeting set sustainability targets. It was noted that Council’s water consumption had decreased in 2021-22 primarily due to higher rainfall and the reduced need for potable water use for irrigation, while energy use decreased slightly due to reduced asset usage with covid limitations and the installation of solar PV systems, totalling 33.7kW at four additional Council facilities.

Overall Council’s environmental performance is positive, and Council is progressing well towards its low carbon sources target, and has already surpassed its emissions reduction target of 40% by 2030.

It was noted that the Solar PV systems, as well as the WSU Solar Car Sponsorship, and the data logger trial with Sydney Water were funded through the Sustainability Revolving Fund, Council’s designated fund to provide financial support for future sustainability projects. Projects funded through the Sustainability Revolving Fund are saving greenhouse gas emissions every year, the equivalent of taking 750 cars off the road. The Sustainability Revolving Fund Guidelines were expanded during 2021-22 to include resilience criteria to be able to fund eligible resilience projects under the Resilient Penrith Action Plan.

The success of Council’s sustainability Revolving Fund was noted, with Council providing presentations, webinars and information to other Councils and organisations on the fund and how it works.

Queries were made from Committee members regarding the data logger trial and the ability to detect leaks, the process for recycling water through the splash pads, and data capture/availability for energy and greenhouse gas emissions.

RECOMMENDED

That the information contained in the report on Monitoring Council's Sustainability Performance be received.

2 Greening our City

Ashley Gourdon presented to the Committee on the Greening Our City Grant Program including the Green Streets, Cooling our Parklands and Cooling our Workplaces projects, which will see around 7000 park and street trees planted throughout nominated suburbs within the Penrith LGA, to green and cool our city. Native species have been planted in parks to enhance biodiversity, while both native and exotic trees were planted in streets to improve amenity of the street and add shade/cooling benefits over time, with plants being cultivated at Council’s Nursery where possible. All street trees were planted with a water collar for ease of maintenance and will be maintained by the contractor for 12 months. Several factors were considered to determine the type of species to plant for our conditions and future climate, and to ensure that the right tree was planted in the right place to minimise negative impact to properties/whilst providing benefits to streets, parks and industrial areas.

The extensive communications and community engagement campaign being run as a component of these projects was noted, including social media, your say page, written correspondence, flyers, face-to-face engagement with residents and businesses, a school’s resource, the plant e-delivery, and community pop up days with free plant giveaways. Community members have been able to provide feedback, and businesses in industrial areas who showed support were listed on the your say page.

It was noted that the engagement program has been refined with each suburb as the projects are rolled out, with challenges being identified and addressed, solutions implemented, and lessons learnt being applied to make improvements to the program, resulting in a greater uptake of street trees and support in the community. Further engagement with the community is currently in the planning stages.

RECOMMENDED

That the information contained in the report on Greening our City be received.

3 Resilient Penrith Action Plan

Belinda Atkins introduced the Resilient Penrith Action Plan, it’s five directions and action areas, and noted that progress on the delivery of the Resilient Penrith Action Plan, adopted in June 2021, had been reported on for the first year of implementation, in the 2021-22 Council Annual Report. Progress on the short-term actions within the Resilient Penrith Action Plan were presented to the Committee, noting that the actions within the plan were progressing well. The presentation will be provided to members for their reference.

Members discussed support for the implementation of the Resilient Penrith Action Plan, with areas of assistance being identified as promotion and sharing of Council’s work, scaling up for application for other councils, supporting advocacy opportunities, engagement with the community and stakeholders in building resilience and capacity, and providing expertise and contacts in building data and research for a strong evidence-base to enhance decision-making and positive outcomes.

RECOMMENDED

That the information contained in the report on Resilient Penrith Action Plan be received.

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

4 Emergency Management and Preparedness

Belinda Atkins reported on the actions being undertaken for emergency management and preparedness under Direction 4. Get Ready within the Resilient Penrith Action Plan. Council’s participation in the Emergency Ready Week program, a partnership between Resilient Sydney and Red Cross was noted, with Council undertaking a social media campaign to raise awareness of community preparedness for emergencies and to promote the Red Cross Get Prepared App. Council also partnered with the Red Cross to host a ‘preparing your household for emergencies’ webinar.

The Committee was informed of the Preparing Australian Communities Grant program, with the program to focus on increasing community knowledge of climate risks and the ability to prepare for impacts from emergencies such as bushfire and flood. It was noted that Council will be implementing key activities until June 2023 to build preparedness including a social media campaign, the development of a community preparedness information package, hosting of community information sessions, webinars and neighbourhood pop ups in high risk areas, and preparedness and resilience workshops for staff and businesses within Penrith.

Andrew Hewson gave a brief overview of what has been planned for the first neighbourhood pop up to be held in Londonderry in December.

RECOMMENDED

That the information contained in the report on Emergency Management and Preparedness be received.

GENERAL BUSINESS

GB 1 Cooling the City Program Update

Andrew Hewson provided an update on the Cooling the City program noting that Council had engaged Les Robinson to run two half day workshops for staff within the Western Sydney Parkland Councils focusing on engaging with residents around greening and tree planting on public/private space. The changeology methodology was applied to the workshops using a behavioural psychology approach to understand community values and how to apply this to the design, delivery and engagement for a greening project. The workshops fostered peer-to-peer learning and sharing, and the learnings from these workshops can be applied to grant-based greening programs to enable better outcomes

GB 2 Flood Recovery Update

Andrew Hewson informed the Committee that he has moved into the Community Recovery Coordinator position until June 2024. This position will support the community with flood recovery, and undertake a critical review of Council’s systems, processes, procedures for emergency recovery and response to document learnings, identify needs and gaps, and ensure continuous improvement and the building of sustainable systems in preparation for future emergencies and natural disasters. Flood recovery will run parallel to Council’s emergency preparedness work.

GB 3 Power Purchase Agreement

Belinda Atkins advised the Committee that through Procurement Australia, Council has partnered with six other Councils in NSW to enter into a 10 year renewable energy power purchase agreement with Red Energy. Council will purchase 100% renewable energy for its large sites and street lighting sourced from a solar generating asset in NSW

GB 4 Awards

Belinda Atkins noted that Council was recently awarded a Certificate of Merit for the Cooling the City Program, in the World Green City Awards held in Korea, recognising Council’s work on the international stage. Council was announced the winner in the climate change and resilience category of the Planning Institute of Australia Awards for the Urban Heat Planning Controls Package. Council is also a finalist in the Local Government Excellence in the Environment Awards, to be held in December, for the Planning for Heat Issues Paper and Urban Heat Planning Controls Package.

GB 5 Member General Business Items

Committee members congratulated Council staff on the recent awards, and recognised the work Council was implementing to enhance its sustainability performance and build resilience in the community, as well as its support of Resilient Sydney.

Members noted it was great to be a part of the Committee, and their willingness to partner with and support Council in delivering its Resilient Penrith Action Plan to achieve positive resilience outcomes.

GB 6 Meetings

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

These dates are provided below:

• Wednesday 22 February 2023, 6-8pm

• Wednesday 24 May 2023, 6-8pm

• Wednesday 23 August 2023, 6-8pm

• Wednesday 22 November 2023, 6-8pm

Belinda Atkins mentioned that committee member preference for future meeting formats was mixed with some members preferring online, some face-to-face and others a hybrid format. Committee members were invited to email through a preference for meeting format, if they had not already done so. Council will determine the best way forward, with the format potentially changing for each meeting depending on the circumstances.

The Chair, Jeni Pollard thanked the presenters, and noting that this was the last meeting for 2022, thanked Committee Members for their time and contribution to the 2022 meetings. The Chair stated that we looked forward to working with the Committee to deliver on the Resilient Penrith Action Plan goals and outcomes in 2023.

The Chair wished everyone well for the holiday season.

There being no further business the Chair declared the meeting closed the time being 8.00 pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 23 November, 2022 be adopted.

Ordinary Meeting 12 December 2022

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 5 December, 2022

(Note: due to prevailing public health crisis, and related COVID-19 protocols, the Local Traffic Committee Business Paper and reports were referred to members and a formal meeting held via on-line Microsoft Teams platform).

PRESENT

Councillor Karen McKeown OAM (Council Representative), Ken Hind – Transport for NSW (TfNSW), and Sergeant Stephen Page - Nepean Police Area Command (PAC).

IN ATTENDANCE

Adam Wilkinson – Engineering Services Manager (Chair), Joshua Hull – Traffic Engineering Coordinator, Kablan Mowad – Senior Traffic Engineer, Philip Saverimuttu – Senior Traffic Engineer, Caitlin Bailey - Senior Traffic Engineer, Lalaine Malaluan – Traffic Engineer, Liam Warda – Trainee Engineer, Wendy Read – Road Safety Officer, Isaac Mann – Transport Engineer, Mia Ecob – Engineering Services Secretary, Ali Gazanfar – Major Projects Coordinator, Ari Fernando – Major Projects and Design Coordinator and Paul Bottomley - CDC.

APOLOGIES

Mayor Tricia Hitchen (Representative for the Member of Penrith), Councillor Robin Cook (Representative for the Member of Londonderry.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 7 November 2022

The minutes of the Local Traffic Committee Meeting of 7 November 2022 were confirmed.

DECLARATIONS OF INTEREST

Nil.

DELIVERY PROGRAM REPORTS

Outcome 4 - We manage and improve our built environment

1 Werrington Road and Water Street, Werrington - Proposed Upgrade of Existing Raised (Wombat) Pedestrian Crossing and Introduction of a 'Restricted Parking Scheme'

RECOMMENDED

That:

1. The information contained in the report on Werrington Road and Water Street, Werrington - Proposed Upgrade of Existing Raised (Wombat) Pedestrian Crossing and Introduction of a 'Restricted Parking Scheme' be received.

2. Consultation be undertaken with affected properties regarding the proposed signage and line marking plan; proposed ‘Restricted Parking Scheme’ and construction of the combined type raised (wombat) pedestrian crossing, as shown in Appendix 1.

3. Subject to no substantial objections being received, the installation of the signage and line marking plan including the ‘Restricted Parking Scheme’ as shown in Appendix 1, be delivered as resources permit.

4. Subject to no substantial objections being received, the reconstruction of the combined type raised (wombat) pedestrian crossing be listed in Council’s Traffic Facilities Prioritisation Program to progress to detailed design once funding has been obtained.

5. Once funding has been obtained for the combined type raised (wombat) pedestrian crossing, as shown in Appendix 1, the concept design be forwarded to Council’s Design Team for detailed design and construction estimates, with a further report submitted to the Local Traffic Committee for the detailed design plan finalisation and endorsement for construction.

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

7. Council’s City Assets Section be requested to undertake an assessment of the request for kerb and gutter; footpath and kerb ramps as per Appendix 1 for prioritisation of future works under the relevant programs.

8. Council’s Rangers, School Principals and community members who raised the concerns be advised of Council’s resolution.

2 Glenmore Parkway, Glenmore Park - Proposed Adjustments to Regulatory Signage and Line Marking within the School Zone of Glenmore Park High School

RECOMMENDED

That:

1. The information contained in the report on Glenmore Parkway, Glenmore Park - Proposed Adjustments to Regulatory Signage and Line Marking within the School Zone of Glenmore Park High School be received.

2. Consultation be undertaken with Glenmore Park High School Principal and affected properties regarding the proposed signage and line marking plans including proposed pedestrian fencing as shown in Appendix 1.

3. Subject to no substantial objections being received, the installation of the signage and line marking plans, as shown in Appendix 1, be delivered as resources permit.

4. Subject to no substantial objections being received, the pedestrian fencing be listed in Council’s Traffic Facilities Prioritisation Program for installation once funding is obtained.

5. Council undertake an assessment and list the reconstruction of kerb ramps at the School’s main northern driveway to improve compliance with DDA requirements.

6. Council undertake a review of the Glenmore Parkway roundabouts within the school zone and Glenmore Park Town Centre to determine suitability for freight movements and that swept paths are suitable for existing pedestrian facilities within the precinct.

3 Elm Street and Oleander Road, North St Marys - Proposed Statutory 'No Stopping' Restrictions

RECOMMENDED

That:

1. The information contained in the report on Elm Street and Oleander Road, North St Marys - Proposed Statutory 'No Stopping' Restrictions be received.

2. Notification be provided to affected properties regarding the proposed installation of ‘No Stopping’ restrictions on Elm Street at its intersections with Glossop Street and Oleander Road, North St Marys, as shown in Appendix 1.

3. Following notification to affected properties, the ‘No Stopping’ restrictions be implemented on Elm Street at its intersections with Glossop Street and Oleander Road, North St Marys, as shown in Appendix 1.

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

4 Batt Street, South Penrith - Proposed 'No Stopping' and 'Bus Zone' Signage

RECOMMENDED

That:

1. The information contained in the report on Batt Street, South Penrith - Proposed 'No Stopping' and 'Bus Zone' Signage be received.

2. Notification be provided to affected properties regarding the proposed installation of ‘No Stopping’ and ‘Bus Zone’ signage on Batt Street, South Penrith, as shown in Appendix 1.

3. Following notification to affected properties, the ‘No Stopping’ and ‘Bus Zone’ signage be implemented on Batt Street, South Penrith, as shown in Appendix 1.

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

5 Memorial Avenue, Penrith – Endorsement of Signage and Line Marking Plan

RECOMMENDED

That:

1. The information contained in the report on Memorial Avenue, Penrith – Endorsement of Signage and Line Marking Plan be received.

2. Consultation be undertaken with affected properties along Memorial Avenue regarding the proposed signage and line marking measures shown in Appendix 1.

3. Subject to no substantial objections, the signage and line marking plan in Appendix 1 be installed.

4. Council Ranger Services Department be advised of Council’s resolution.

6 Caddens Road, Claremont Meadows – Retrospective Endorsement of Signage and Line Marking Plans

RECOMMENDED

That:

1. The information contained in the report on Caddens Road, Claremont Meadows – Retrospective Endorsement of Signage and Line Marking Plans be received.

2. The signage and line marking plans prepared by J.Wyndham Prince (Plan No. 110489-CC, Drawing No. 700 to 706, Issue 1, Dated 09/06/2020) associated with the Caddens Road upgrade be endorsed retrospectively.

3. Council’s Major Projects Department be advised of Council’s resolution.

7 Ninth Avenue, Llandilo and Sinclair Parade, Jordan Springs - Proposed Concept Plan with associated Signage and Line Marking Plan within the School Zone of Xavier College

RECOMMENDED

That:

1. The information contained in the report on Ninth Avenue, Llandilo and Sinclair Parade, Jordan Springs - Proposed Concept Plan with associated Signage and Line Marking Plan within the School Zone of Xavier College be received.

2. Notification be provided to affected properties regarding the proposed Signage and Line Marking Plan at the intersection of Sinclair Parade and Xavier Crescent (east), Jordan Springs, as shown in Appendix 1 (Sheet 1).

3. Following notification to affected properties, the Signage and Line Marking Plan be implemented at the intersection of Sinclair Parade and Xavier Crescent (east), Jordan Springs, as shown in Appendix 1 (Sheet 1).

4. The additional proposed pedestrian facilities and associated signage be listed to Council’s Traffic Facilities Prioritisation Program to be implemented once funding is obtained.

5. Once funding is obtained, the concept designs, as shown in Appendix 1 (Sheets 2 and 3), be forwarded to Council’s Design Team for detailed design and construction estimates, with a further report submitted to the Local Traffic Committee for the detailed design plan finalisation and endorsement for construction.

6. The residents who reported the matter, Xavier College Principal, and Council’s Rangers be advised of Council’s resolution.

8 Carpenter Street and Monfarville Street, St Marys - Proposed 'Give Way' Signage and Associated Line Marking

RECOMMENDED

That:

1. The information contained in the report on Carpenter Street and Monfarville Street, St Marys - Proposed 'Give Way' Signage and Associated Line Marking be received.

2. The proposed ‘Give Way’ sign and associated line marking, installation of ‘Give Way Ahead’ sign, and relocation of ‘T intersection ahead’ sign be endorsed for implementation.

3. Mayor Tricia Hitchen, Melissa McIntosh MP and residents who raised this matter be notified of Council’s resolution.

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

9 Shepherd Street, Colyton - Endorsement of Design Plans AS246 for a Black Spot Length including a Single Lane Roundabout

RECOMMENDED

That:

1. The information contained in the report on Shepherd Street, Colyton - Endorsement of Design Plans AS246 for a Black Spot Length including a Single Lane Roundabout be received.

2. Consultation be undertaken with affected residents and surrounding businesses regarding the proposed upgrades along Shepherd Street, Colyton, as shown in Design Plans AS246 (Attachment 1).

3. Subject to no substantial objections, Design Plans AS246 be endorsed for construction, with funding provided from the Australian Government Black Spot Program 2022/23.

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

10 Road Safety Program: Variable Message Sign (VMS Speed Trailer) Locations between February 2022 and December 2022

RECOMMENDED

That:

1. The information contained in the report on Road Safety Program: Variable Message Sign (VMS Speed Trailer) Locations between February 2022 and December 2022 be received.

2. The locations listed between February and December 2022 be noted.

11 Penrith City Council Civic Centre Car Park - Proposed Removal of Existing Car Share Parking Spaces

RECOMMENDED

That:

1. The information contained in the report on Penrith City Council Civic Centre Car Park - Proposed Removal of Existing Car Share Parking Spaces be received.

2. Existing “No Parking Authorised Car Share Vehicles Only Mon-Fri 8am-5pm” signage be removed and be replaced by “2P Mon-Fri, 8.30AM-3.30PM Authorised Vehicles Excepted” signage as shown in Appendix 1.

3. Council Ranger Services Department be advised of Council’s resolution.

12 Thornton Estate - Endorsement of 40km/h High Pedestrian Activity Area Scheme

Ken Hind – Transport for NSW (TfNSW) advised that Transport for NSW is currently reviewing the High Pedestrian Activity Area final report and will provide any comments to Council separately.

RECOMMENDED

That:

1. The information contained in the report on Thornton Estate - Endorsement of 40km/h High Pedestrian Activity Area Scheme be received.

2. Council endorse the proposed 40km/h High Pedestrian Activity Area Scheme for Thornton Estate presented in the study prepared by The Transport Planning Partnership (TTPP), as presented in Attachment 1.

3. Council’s Traffic Engineering section apply for future grant funding with Transport for NSW to undertake detailed design and construction.

13 Australia Street and Canberra Street, St Marys - Proposed 'No Stopping' Signs

RECOMMENDED

That:

1. The information contained in the report on Australia Street and Canberra Street, St Marys - Proposed 'No Stopping' Signs be received.

2. Surrounding residents be notified of the proposed ‘No Stopping’ signs at the intersection of Australia Street and Canberra Street, St Marys.

3. Following notification to surrounding residents, the ‘No Stopping’ signs be installed at the intersection of Australia Street and Canberra Street, St Marys, as per Appendix 1.

4. Council’s Ranger Services Department and Ms Prue Car MP be advised of Council’s resolution.

14 Dunheved Road, Werrington - Endorsement of Plans for Widening and Intersection Upgrades

RECOMMENDED

That:

1. The information contained in the report on Dunheved Road, Werrington - Endorsement of Plans for Widening and Intersection Upgrades be received.

2. The upgrade of Dunheved Road with associated signage and line marking as shown in Design Plans 80021086-DRG-30 dated 9/09/2022 (Attachment 1) be endorsed for implementation, with funding to be sought from the Federal Government for the upgrade works.

3. Council’s Major Projects Section be advised of Council’s resolution.

15 Cox Avenue and Parker Street, Penrith - Proposed Median Island Stop Treatment (MIST)

RECOMMENDED

That:

1. The information contained in the report on Cox Avenue and Parker Street, Penrith - Proposed Median Island Stop Treatment (MIST) be received.

2. Consultation be undertaken with affected properties regarding the proposed Median Island Stop Treatment (MIST) at the intersection of Cox Avenue and Parker Street, Penrith, as shown in Appendix 1.

3. Subject to no substantial objections being received and once funding has been obtained through the Traffic Facilities Prioritisation Program, the concept design, as shown in Appendix 1, be forwarded to Council’s Design Team for detailed design and construction estimates, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement for construction.

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

16 Blair Oval, St Marys - Proposed 'No Stopping' Restrictions

RECOMMENDED

That:

1. The information contained in the report on Blair Oval, St Marys - Proposed 'No Stopping' Restrictions be received.

2. Notification be provided to affected user groups regarding the proposed installation of ‘No Stopping’ signage along Creek Road (near Blair Oval), St Marys.

3. Following notification to affected user groups, the ‘No Stopping’ signage be implemented on Creek Road (near Blair Oval), St Marys, as shown in Appendix 1.

4. Council’s Community Facilities and Recreation team be advised of Council’s resolution.

17 Redline Games Triathlon Festival - Sunday, 2 April 2023

Ken Hind – Transport for NSW (TfNSW) advised that the temporary closure of Castlereagh Road between Andrews Road and Cranebrook Road requires separate approval from Transport for NSW as it is a State Road. Caitlin Bailey – Senior Traffic Engineer confirmed that the applicant is required to submit the event Traffic Management Plan to Transport for NSW for separate approval as per the recommendations of the report. The applicant has also been advised of this.

RECOMMENDED

That:

1. The information contained in the report on Redline Games Triathlon Festival - Sunday, 2 April 2023 be received.

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

3. Approval be given for the temporary closure of the following streets between 6.30am and 12.30pm on Sunday, 2 April 2023:

· Castlereagh Road, between Andrews Road and Persoonia Avenue

4. The Traffic Management Plan for the Redlines Games Triathlon Festival on 2 April 2023 be endorsed, subject to the following conditions:

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

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

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

d) The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $20 million, 30 days prior to the event. In addition, the event applicant indemnifies Council, in writing, against all claims for damage and injury which may result from the proposed event.

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

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

g) The event applicant provides advice to Council prior to the event that the event complies with the NSW Work Health and Safety Act 2011 and Work Health and Safety Regulations 2017.

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

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

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

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

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

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

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

6. All works as part of this approval be conducted at no cost to Council.

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

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

18 Corr Road, Caddens - Proposed 'No Parking - Australia Post Vehicles Excepted' Signs

RECOMMENDED

That:

1. The information contained in the report on Corr Road, Caddens - Proposed 'No Parking - Australia Post Vehicles Excepted' Signs be received.

2. Notification be provided to Centre Management of the Caddens Corner shopping centre regarding the proposed ‘No Parking – Australia Post Vehicles Excepted’ signs on Corr Road, Caddens.

3. Following notification to the Caddens Corner shopping centre, ‘No Parking – Australia Post Vehicles Excepted’ signs be installed on Corr Road, Caddens, as shown in Appendix 1.

4. Australia Post be advised of Council’s resolution.

19 Hewitt Street, Colyton - Endorsement of Design Plans AS247 for a Black Spot Length including a Single Lane Roundabout

RECOMMENDED

That:

1. The information contained in the report on Hewitt Street, Colyton - Endorsement of Design Plans AS247 for a Black Spot Length including a Single Lane Roundabout be received.

2. Consultation be undertaken with affected residents and surrounding businesses regarding the proposed upgrades along Hewitt Street, Colyton, as shown in Design Plans AS247 (Attachment 1).

3. Subject to no substantial objections, Design Plans AS247 be endorsed for construction, with funding provided from the Australian Government Black Spot Program 2022/23.

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

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

RECOMMENDED

That:

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

2. The signage and line marking plans associated with Design Plans AF78 be endorsed for construction.

3. Council’s Design Team pursue the signal upgrades (bicycle lanterns) across the driveway on the western leg of Forrester Road and Glossop Street intersection separately.

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

5. Council’s Design and Projects team and City Presentation team be advised of Council’s resolution.

21 Lakeside Parade, Jordan Springs - Proposed Combined Children's Crossing with Raised (Wombat) Pedestrian Crossing

RECOMMENDED

That:

1. The information contained in the report on Lakeside Parade, Jordan Springs - Proposed Combined Children's Crossing with Raised (Wombat) Pedestrian Crossing be endorsed to undertake detailed design.

2. The combined children’s crossing with raised (wombat) pedestrian crossing on Lakeside Parade, Jordan Springs, be endorsed for installation, as shown in Appendix 1.

3. The NSW Department of Education lodge a Section 138 Roads Act application with Council’s Development Engineering Section to progress the necessary permits and approvals for construction of the combined raised pedestrian crossing, including payment of application and inspection fees together with any applicable bonds.

4. A street lighting assessment be conducted by the applicant in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category and AS1158.

5. All costs shall be borne by the applicant as part of works associated with State Significant Development SSD9354, Jordan Springs Public School Stage 2.

GENERAL BUSINESS

GB 1 River Road, Leonay – Request for Update on Subsidence of Road

Councillor Karen McKeown (Council Representative) requested that the Committee be updated on the recent sink hole on River Road, Leonay. Adam Wilkinson – Engineering Services Manager (Chair) advised that a sink hole recently opened up on River Road, between Buring Avenue and Parklands Avenue as a result of the recent heavy rain and flood events in the area causing the road and underground concrete piping to subside. Adam Wilkinson – Engineering Services Manager (Chair) also advised that the temporary emergency closure of this section of road will be in place until the road is inspected, rectified and deemed safe. Council’s City Presentation and Assets teams are working to rectify the sink hole and reopen the road by June 2023.

RECOMMENDED

That the information be noted.

GB 2 The Northern Road, Penrith – Request for ‘No Stopping’ Signage between Stafford Street and Derby Street, Penrith

Adam Wilkinson – Engineering Services Manager (Chair) raised an item on behalf of Councillor Sue Day regarding the existing on-street parking on the western side of The Northern Road, Penrith (between Stafford Street and Derby Street). Councillor Day advised that the on-street parking constantly causes traffic and parking congestion. Adam Wilkinson – Engineering Services Manager (Chair) advised that Council has previously written to Transport for NSW in relation to the removal of this parking as The Northern Road is a State Road.

RECOMMENDED

That Council’s Traffic Engineers to write to Transport for NSW requesting an update on this matter.

GB 3 Racecourse Road, South Penrith – Request for ‘No Parking’ Signage next to Bus Stop located near Batt Street.

Adam Wilkinson – Engineering Services Manager (Chair) raised an item on behalf of Councillor Sue Day in relation to vehicles parking too close to the bus stop on the western side of Racecourse Road, South Penrith (north of Batt Street). Councillor Day has observed vehicles parking illegally at the bus stop at various times of the day.

RECOMMENDED

That Council’s Traffic Engineers inspect the location in consultation with Busways and determine whether ‘Bus Zone’ signage is warranted.

There being no further business the Chairperson declared the meeting closed the time being 10:32am.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 December, 2022 be adopted.

Ordinary Meeting 12 December 2022

Orchard Hills North Planning Proposal

Compiled by: Joel Carson, Senior Planner

Nicole Dukinfield, Principal Planner

Natalie Stanowski, Principal Planner

Authorised by: Natasha Williams, City Planning Manager

Kylie Powell, Director - City Futures

Outcome	We plan and shape our growing City
Strategy	Undertake strategic planning that will ensure balanced growth and liveability
Principal Activity	Facilitate and plan for housing diversity and liveability

Previous Items: Accelerated Housing Delivery Program update- Councillor Briefing- 23 Apr 2018

Orchard Hills North Planning Proposal (Accelerated Housing Delivery Program site)- Policy Review Committee- 04 Jun 2018

Orchard Hills North Planning Proposal (update)- Councillor Briefing- 19 Oct 2020

Orchard Hills North Planning Proposal- Councillor Briefing- 12 Apr 2021

Update on Orchard Hills North Planning Proposal- Councillor Briefing- 21 Mar 2022

Orchard Hills North Draft Development Control Plan and Draft Contributions Plan- Councillor Briefing- 16 May 2022

Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North- Ordinary Meeting- 27 Jun 2022

Orchard Hills North Planning Proposal- Councillor Briefing- 14 Nov 2022

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

Proponent: Legacy Property

Subject Land: Located at Caddens Road, Kingswood Road, Frogmore Road and Castle Road, Orchard Hills

Executive Summary

The purpose of this report is to present to Councillors the outcomes of a public exhibition of the Orchard Hills North Planning Proposal, draft Development Control Plan (draft DCP), draft Section 7.11 Contributions Plan (draft 7.11 Plan) and draft local Legacy Property Voluntary Planning Agreement Letter of Offer (draft local Legacy VPA Offer).

Councillors have received the following Councillor memos on the Planning Proposal:

1. 29 March 2018 – Lodgement of Planning Proposal

2. 4 August 2021 – Advising on the progress of the project

3. 2 September 2021 - Response to landowner enquiries expressing concerns over perceived delays of the exhibition of the Planning Proposal

4. 25 February 2022 – Advising of the updated timeframes issued by amended Gateway Determination

5. 4 March 2022 – Advising of the Gateway Determination timeframe

6. 29 April 2022 – Advising of Orchard Hills North Facebook posts regarding proposed north-south road corridor

7. 11 May 2022 – Regarding the Councillor Briefing of 16 May 2022

8. 16 May 2022 – Regarding correspondence received from Legacy Property on 16 May 2022

9. 25 May 2022 – Regarding change to intended reporting date to Council

10. 22 June 2022 – Properties in the Orchard Hills North Planning Proposal

11. 20 July 2022 – Orchard Hills North public exhibition

12. 4 August 2022 – Legacy Property community information session

13. 23 August 2022 – Interim response to Tracy Simpson

14. 2 December 2022 – Residual risks associated with the Orchard Hills North Planning Proposal

At its Ordinary Meeting of 27 June 2022, Council considered a report on the Orchard Hills North Planning Proposal, draft DCP, draft 7.11 Plan and draft local Legacy VPA Offer and resolved that the Plans be placed on public exhibition.

The Planning Proposal and supporting information was placed on public exhibition from 25 July to 22 August 2022. A total of 62 submissions were received.

The key issues raised in public submissions related to:

· Changes to the boundary of the rezoning area;

· Traffic planning;

· Stormwater management; and

· Planning controls and structure plan.

· Formulation of a State VPA to secure land required for the North-South road corridor and the new school site;

· Use of the Transport Investigation Area (TIA) overlay and concurrence clause for the North-South road corridor;

· Consistency with the Cumberland Plain Conservation Plan (CPCP); and

· Acceptance of a proposed location of a new site for the Orchard Hills Public School.

The publicly exhibited Planning Proposal has been amended in response to various matters raised and addressed post-exhibition, including revisions to the proposed new school site, revisions to the north-south road zoning and TIA overlay, and requirements to ensure delivery of local infrastructure prior to future development applications.

The publicly exhibited draft DCP, draft Section 7.11 Development Contributions Plan, and draft Legacy Local VPA Offer have been amended in response to various matters raised and addressed post-exhibition.

The report to Council’s 27 June 2022 Ordinary Meeting presented several financial risks associated with the project which the report stated need to be investigated and mitigated prior to Council’s future consideration of the Planning Proposal for post-exhibition endorsement. Significant progress has been made in working towards mitigating the financial risks to Council, and overall, the financial risk will be significantly minimised, if not reduced to zero, subject to the provision of:

· The S7.11 plan and it being fully adopted by IPART;

· A State VPA;

· Local VPAs;

· Further planning and infrastructure planning undertaken by the State Government for Orchard Hills South; and

· Deferral of the commencement of the LEP amendment and inclusion of a specific LEP clause relating to the approval of the contributions plan by IPART or other funding mechanism as outlined below.

This report recommends that Council endorses the amended Planning Proposal, draft 7.11 Plan (with amendments) and amended draft DCP, and that Council and Legacy Property are to continue to work towards finalisation of a VPA Offer which is to be reported to a future Council meeting for consideration.

Background

On 27 March 2018, Council received a Planning Proposal (RZ18/0004 & PP-2020-1693) from Legacy Property which seeks to amend Penrith Local Environmental Plan 2010 (LEP 2010) for a 151.9ha site located at Caddens Road, Kingswood Road, Frogmore Road and Castle Road in Orchard Hills, known as Orchard Hills North. At present the rezoning area is zoned RU4 Primary Production Small Lots under LEP 2010 and is utilised predominantly for rural residential lifestyle properties.

The rezoning area contains a total of 54 existing lots and consists of multiple land holdings. It is envisaged that the development of the rezoning area would deliver approximately 1,729 dwellings in a broad mix of housing types, and a population of around 5,187 people. The majority of housing would be standard detached dwellings. There would also be a medium density housing area central to the rezoning area around the village centre, and east-west road corridor and north-south road corridor. A large lot housing area is envisaged in the south-east corner of the rezoning area. New parks, sportsfields, stormwater facilities and roads are planned to support the additional population.

It is noted that the lands to the west of the rezoning area, broadly between Kingswood Road and The Northern Road, are not subject to the Planning Proposal and are therefore not proposed to be rezoned. For the purposes of this report, references to the ‘Structure Plan area’ mean both the rezoning area (Area A) and the land west of the rezoning area to The Northern Road (Area B). However, in October 2022, DPE announced a precinct planning process to be led by DPE, to rezone and plan these remaining lands, as well as lands to the south identified within the Orchard Hills Investigation Area, for urban purposes.

At its Policy Review Committee meeting of 4 June 2018, Council considered a report on the Orchard Hills North Planning Proposal and resolved to endorse the Planning Proposal, and that it be forwarded to the Minister for Planning with a request to issue a Gateway Determination. The resolution also required that, following the issuing of a Gateway Determination, a report is to be presented to Council to seek resolution to publicly exhibit a DCP and Section 7.11 Development Contributions Plan alongside the Planning Proposal.

Following the 4 June 2018 Council meeting, Council officers and the proponent resolved outstanding issues relating to an agreed sportsfield configuration, in accordance with the Council resolution. On 31 July 2018, Council submitted the updated Planning Proposal to DPE to request a Gateway Determination.

On 22 February 2019, a Gateway Determination was issued for the Planning Proposal (DPE reference PP_2018_PENRI_006_00). The Gateway Determination enables the Planning Proposal to proceed to public exhibition after the conditions of the Gateway have been addressed.

The key Gateway requirements that were required to be addressed prior to proceeding to public exhibition are:

· Preparation of a transport assessment to identify the impact of the development on the surrounding road network and critical intersections, under guidance from NSW Roads and Maritime / Transport for NSW;

· Preparation of a site-specific DCP to support the Planning Proposal;

· Preparation of a Section 7.11 Development Contributions Plan to support the Planning Proposal;

· Undertake pre-exhibition consultation with the NSW Rural Fire Service;

· Council to consider providing a minimum lot size control in the Penrith LEP 2010 instead of utilising the DCP as proposed, to provide greater certainty to dwelling yields;

· The Planning Proposal is to be referred to Council’s Local Planning Panel for its consideration and views; and

· Should the Planning Proposal be significantly altered prior to exhibition, Council is to consider seeking an altered Gateway Determination and liaise with DPE.

Since the issue of the original Gateway Determination in February 2019, Council worked closely with DPE, the proponent and State agencies (largely TfNSW) to enable the

Planning Proposal to proceed to public exhibition. As a result of these discussions, several

significant changes to the Planning Proposal have occurred as a result of responding to and

addressing State agency issues. This included the inclusion of strategic road corridors in the development structure plan, introduction of minimum lots sizes and a dwelling yield cap, changes to the quantity of open space due to changes to the masterplan, and a reduction to the village centre size due to the introduction of the strategic road corridors.

The changes made to the Planning Proposal since its original endorsement in June 2018 did not change the original intent of the Planning Proposal including the maximum number of dwellings originally anticipated and considered by Council in 2018.

Department of Planning and Environment timeframes

The initial Gateway Determination issued in February 2019 included a timeframe to complete the LEP, which was within 24 months of the issue of the Gateway Determination (being February 2021). Due to the need to identify and preserve a North-South road corridor, resolve significant matters with the proponent and respond to State agencies, this timeframe has not been achievable.

Under planning reforms led by the State Government, DPE introduced a new ‘Cohort’ Planning Proposal program, where Planning Proposals that had been in the system and were experiencing challenges were assisted by the DPE’s Planning Delivery Unit to assist in unlocking any obstacles and working towards a resolution. Councillors were briefed on these proposals at the Councillor Briefing of 14 February 2021. These Planning Proposals were issued timeframes for completion by DPE and if these timeframes were not achieved, the Minister for Planning has the ability to ‘call in’ the Planning Proposal to be refused or made. Whilst this Planning Proposal has been identified as a Cohort Planning Proposal for some time, the need to find a resolution to the North-South road corridor has meant that timeframes for completion have needed to be flexible and therefore, the Minister has not yet called in the Planning Proposal.

DPE wrote to Council on 24 February 2022 with an alteration to the Gateway Determination which included additional milestone dates to progress the Planning Proposal. The alteration states that the Planning Proposal is to be publicly exhibited by 4 April 2022, a report to be made to Council post-exhibition for final consideration by 30 June 2022, and for the LEP to be Gazetted by 31 July 2022. The alteration also stated that if these timeframes were not met, consideration may be given to whether the Planning Proposal should proceed.

On 3 March 2022, Council officers wrote to DPE to convey concerns over the new timeframes issued by DPE, stating that they are unrealistic and unachievable. The correspondence requested that DPE amend the timeframes to enable sufficient time for completion of the necessary work required for a public exhibition.

On 7 April 2022, DPE responded to Council’s letter and acknowledged that with Planning Proposals with significant challenges, including the Orchard Hills North Planning Proposal, there are greater challenges in meeting the timeframes. Notwithstanding the above, DPE encouraged Council to place the Planning Proposal on public exhibition as soon as possible without amending the milestones imposed.

On 23 May 2022, DPE advised Council officers that the matter may be reported to the 27 June 2022 Ordinary Meeting of Council for decision to progress to public exhibition. DPE noted that it is unlikely that any further extensions to the Gateway timeframes will be granted and that the Minister for Planning may take action if the timeframes are not met.

In correspondence to Council dated 3 August 2022, DPE stated its requirement for Council officers to report the Planning Proposal to the December 2022 Council meeting for decision. DPE stated that it would like to work with Council to ensure the LEP to rezone the land can progress to finalisation on the condition that the rezoning will not be granted until Council is satisfied the DCP, 7.11 plan and VPA matters have been resolved.

Public exhibition

The Planning Proposal and supporting information was placed on public exhibition from 25 July to 22 August 2022. Exhibition material was available to view online on Council’s Your Say Penrith website, at Council’s Civic Centre, Penrith Library and St Marys Library. The exhibition was advertised in the Western Weekender throughout the public exhibition period. Written notification of the public exhibition was given to landowners and occupiers of 152 properties located on the affected land and nearby or adjacent lands.

A total of 87 public submissions were received on the public exhibition. Following review of all submissions, Council officers determined that 38 of the submissions were proforma-style using 12 variations of the same text from multiple submitters. Officers retained 12 of these proforma submissions instead of 38 because officers regard there being 12 unique submissions made instead of 38. There were also 5 duplicate submissions and 1 submission representing 7 landowners. A summary of the submissions made on the public exhibition is provided below:

· Objections to the proposal: 5 submissions

· Concerns raised or clarification sought, or suggestions made: 27 submissions

· Support for the proposal: 30 submissions

· Total: 62 submissions

Detailed responses to all public submissions are provided in Attachment 1. The key issues raised in public submissions are outlined below:

· Changes to the boundary of the rezoning area, such as request for removal of two properties located at Frogmore Road, or requests for additional properties to be added to the proposed rezoning, located in Area B to the west, at Hermitage Court to the east, and two properties at the east end of Castle Road.

Officer Response:

Requests for removal of land from the rezoning is not supported on the basis of ensuring holistic planning and delivery outcomes. Requests for Area B lands to be included in the rezoning are not supported, given the State Government’s Orchard Hills Precinct Planning process that applies to this land. Detailed investigations of this land have not yet been undertaken and will be subject to DPE’s precinct-planning process which is indicated to be completed by the end of 2023, as outlined in DPE’s discussion paper. There is limited merit to rezone the Hermitage Court lands as these are also developed for rural-residential purposes and are not identified within the Orchard Hills Urban Investigation Area. The two properties at the east end of Castle Road which seek inclusion in the rezoning already contain a zoning consistent with the zoning proposed on the adjacent lands in the rezoning area, and there is no merit to change the zoning of these two properties.

· Traffic planning, including requests for clarification around the proposed supporting road network infrastructure, such as the suitability of the road widths proposed, consideration of alternative alignments, timely delivery of infrastructure, whether the proposed road improvements will be suitable to support increased population, impact on the Uniting Church site and Orchard Hills Public School site from the east-west road.

Officer Response:

Council officers are supportive of the proposed road improvements as they meet site-specific requirements of the subject site and would support future growth. A Heritage Impact Study considered the impact from the east-west road on the Mt Hope Uniting Church and concludes that the proposed road development would have no impact on the significance of the subject site as a local heritage item. It is also noted that, in respect to the impact of the east-west road on the existing Orchard Hills Public School, this is considered acceptable given that SINSW submission did not raise objection to the east-west road impacting the existing school site. The east-west road is critical infrastructure required to support the development, with its location determined based on several key factors with a view to minimise impacts as much as possible.

· Stormwater management, including the suitability of proposed locations of stormwater infrastructure and its impact on properties, and the suitability of the proposed new school site, notably in respect to stormwater and flood affectation.

Officer Response:

Stormwater infrastructure is considered critical infrastructure and is located in areas best suited to detain water during storm and flood events. A Stormwater Strategy has been prepared to service the rezoning area. No changes are proposed to the proposed locations of any basins. The post-development scenario of the proposed school site will result in the land being free from flood affectation, which is presented in the exhibited Stormwater Strategy.

· Planning controls and structure plan, including requests to enable larger minimum lot sizes, provision of privacy controls, and use of materials to combat urban heat, as well as concerns over some proposed elements in the Area B structure plan, such as proposed open space, and impact on affected properties.

Officer Response:

There are several planning mechanisms which will encourage range of lot sizes within the rezoning area, including the use of a minimum lot size in addition to precinct dwelling caps. Regarding urban heat, Clause 7.30 of Penrith LEP 2010 and the Urban Heat Chapter of DCP 2014 will apply ensuing that any future development within the precinct (and within the applicable zone) must demonstrate how planning and design measures have been incorporated to mitigate the impacts of the heat island effect. Regarding the Area B Structure Plan, this is indicative only and was developed to guide the overall function and purpose of open space between Area A and Area B. Further detailed investigations will occur on this land as part of DPE’s precinct-planning process. The proposed rezoning to this land is expected to be placed on public exhibition by mid-end 2023, as outlined in DPE’s discussion paper.

Agency consultation

During the public exhibition period, Council formally sought comment from several State government agencies in accordance with the requirements of the Gateway Determination issued for the Planning Proposal. Submissions have been received from most of the agencies consulted, with submissions received from DPE, TFNSW, Schools Infrastructure NSW, the Department of Primary Industries, the Environment Protection Authority, the State Emergency Service, NSW Police, Fire and Rescue NSW, NSW Health, Sydney Water, Endeavour Energy, Jemena Gas and Telstra.

At the time of writing this report, submissions remain outstanding from NSW Rural Fire Service, Deerubbin Local Aboriginal Land Council, and DPE – Water. DPE has been assisting Council in receiving submissions from these agencies through the Planning Delivery Unit, and Council has also followed up the outstanding agencies. Should Council resolve to finalise the Planning Proposal and request DPE make the LEP amendment, DPE have advised that as they finalise the Plan, they will further follow up with these agencies and consult with Council if any issues are raised.

Attachment 2 provides details of all agency submissions and key issues raised. The key issues raised in agency submissions received are listed below:

· Department of Planning and Environment (DPE)

A State VPA to secure land required for North-South road corridor and the school is to be prepared by the State Government and Legacy Property. No funding source for construction of the North-South ultimate road will be identified as part of this Planning Proposal process. The need for the North-South road, and funding, will be determined as a part of future strategic investigations to be undertaken for the Orchard Hills Metro station and adjoining lands.

The State VPA would include a 5-year sunset clause, where the Minister will benefit from a call option requiring Legacy to dedicate the ultimate road land to the Minister’s nominee. The Minister’s nominee will not be identified in the State VPA, thereby ensuring that the land will not be dedicated to Council until there is demonstrable need and funding for delivery. The call option would only occur upon publication of a strategic plan confirming need for the transport link and land, and a funding and contributions framework that includes the ultimate road and M4 crossing. If the land is not required, Legacy would make an alternative contribution towards State and regional infrastructure.

Officer Response:

DPE’s suggested principles for the State VPA would address financial risk to Council. It is noted that under the provisions of clause 6.2 of LEP 2010, development consent must not be granted within an urban release area unless Council is satisfied that where public infrastructure that is essential for the proposed development, arrangements have been made for the delivery of that infrastructure. Therefore, it is only once the State VPA has been executed, that development consent will be able to be granted.

· Transport for NSW (TfNSW)

TfNSW does not support the use of the Transport Investigation Area (TIA) overlay and concurrence clause for the North-South road corridor and instead proposes transfer of the land required for the North-South ultimate road to Council through a State VPA. No funding source for the construction of the North-South ultimate road will be identified as part of this Planning Proposal process. The road will not be a State Road due to its Collector Road function.

The funding source for future construction of the North-South Road corridor can be identified at a later stage as part of the planning and investigations of the planned Orchard Hills Centre and broader Greater Penrith to Eastern Creek (GPEC) Investigation Area.

Future planning and investigations are to occur to determine the preferred bridge alignment option across the M4 Motorway. Council as roads authority is best placed to determine the width of the corridor, including verge and median widths.

Officer Response:

Council is of the view that the TIA overlay and concurrence clause needs to remain on the LEP map, to preserve the corridor land from development and ensure this objective is included within a planning instrument, without solely relying on the State VPA to preserve the land. Council seeks to amend the concurrence clause to require DPE to determine the appropriate concurrence role for development proposals on the affected land instead of TfNSW. Council officers have discussed this with DPE who have indicated that this would be a sensible approach given Council’s role as the consent authority in assessing development applications. Council seeks to amend the extent of land covered by the TIA overlay to reduce its land coverage, given it needlessly affects properties that were not intended to be identified. As a result of this change, the only lands to be affected by the TIA are the two largest landholdings, being Legacy Property and one other private landowner. Both of these landowners raised no objections to the TIA.

· Department of Planning and Environment - Environment and Heritage Group (EHG)

The first Environment and Heritage Group submission requested that an assessment of consistency be prepared with the Cumberland Plain Conservation Plan (CPCP). The second EHG submission requested further information, following review of the submitted consistency assessment, and raised concern that the assessment had not addressed key issues in relation to the protection and enhancement of existing native vegetation and riparian corridors on avoided land.

Officer Response:

Ministerial Direction 3.6 – Strategic Conservation Planning applies to the site, given the rezoning area contains Avoided land. The Planning Proposal is consistent with this Direction.

The assessment of consistency against the CPCP has been completed, which concludes that any impacts to Threatened Ecological Communities as a result of the Planning Proposal is less than what would be allowed if a developer were to clear all lands classified as ‘Certified - Urban Capable Land’ under the CPCP.

A supplementary response to the second EHG submission concludes that the Planning Proposal does address the key issues relating to the protection and enhancement of existing native vegetation and riparian corridors on Avoided land. However, the area of Avoided land designated by the CPCP will not be cleared or developed if the Planning Proposal is implemented. No drainage infrastructure or other development will occur within the Avoided land and a Vegetation Management Plan will be prepared to provide for permanent protection of the Avoided land and replanting of native vegetation.

Therefore, the Planning Proposal is consistent with the CPCP.

· School Infrastructure NSW (SINSW)

Following consultation between SINSW and stakeholders, SINSW has accepted a revised proposed location of a 1.9ha new site for the Orchard Hills Public School. The revised dimensions and size, as well as required building height control have been specified in the SINSW submissions.

The SINSW submissions indicate that the current Orchard Hills Public School site is not appropriate to accommodate more demand. A new site would be required to meet future demand and growth in the area.

SINSW support the provision of a school site within the rezoning area, subject to secured funding through a VPA (preferred) or capital allocation from NSW Treasury.

Officer Response:

The new school site location, dimensions, and size result in minor changes to the proposed zoning maps. The changes do not result in any fundamental change to the size or embellishment of the proposed open space parcel OS8.

All other agencies raised either minor matters or no objections.

Amendments to Planning Proposal

The publicly exhibited Planning Proposal is proposed to be amended in response to various matters raised and addressed post-exhibition. Listed below are the key changes proposed to the Planning Proposal:

· Revision to RE1 Public Recreation zone boundary and R1 General Residential zone boundary to reflect revised dimensions and location of open space parcel OS8 and the proposed new school site located to the west of the village centre. This is necessary to accommodate a revised location and dimensions of the proposed new school site which have been accepted by SINSW. No changes to the overall size of OS8 have occurred;

· Additional local provision to enable a 15m building height on the location of the proposed new school site, but only if the development is for a school. For all other development, the current proposed 8.5m height limit would apply. This is necessary to accommodate SINSW requirements in relation to the building height required for delivery of the future new school on the site;

· Removal of southern section of SP2 Local Road zone for north-south road between the east-west road corridor and the M4 Motorway. This section of the north-south road has been identified as not having a nexus to the rezoning and the preservation of this land and construction funding will now be identified within the State VPA;

· Reduction to Transport Investigation Area (TIA) overlay. Council proposes to retain a 33.6m wide TIA overlay on the draft LEP zoning map for the north-south ultimate road in accordance with the width previous agreed to by stakeholders during preparation of the Transport Management and Accessibility Plan supporting the Planning Proposal. At the southern end of the rezoning area, Council proposes to modify the proposed TIA overlay, to reduce it so it does not impact on the two non-Legacy-controlled properties. The resulting amended TIA overlay does still widen at the southern end to accommodate space for batters and structures for the future bridge. The exhibited TIA overlay (proposed by DPE and TfNSW) is regarded by Council officers as needlessly affecting properties that were not intended to be identified;

· Alteration of TIA concurrence clause. Council seeks to amend the concurrence clause to require DPE to determine the appropriate concurrence authority for development proposals on the affected land, instead of TfNSW;

· Correction to proposed local provision for Orchard Hills North under Part 7 of the LEP in relation to the applicability of integrated housing to development proposals to 300sqm size lots. It was identified post-exhibition that the provision should apply only to lots less than 300sqm, and not to lots equal to 300sqm;

· Amendment to precinct boundaries within the rezoning area, changes to residential lot yield targets within each precinct, the addition of an integrated housing area, in response to changes to proposed new school site boundaries, and to respond to re-aligned north-south road, and correct errors identified in the document. The changes to precinct boundaries and lot size distribution do not result in a change to the total anticipated dwelling yield in the rezoning area, nor a change to the total number of standard lots and integrated housing lots in in the rezoning area. The overall average lot size in the rezoning area is anticipated to remain around 400sqm. The changes and therefore considered to be acceptable;

· Additional proposed provision to LEP 2010 Part 6 (Urban Release Areas), requiring that development consent cannot be granted to land within an Urban Release Area unless a relevant Contributions Plan is in effect or an alternative mechanism is provided for the delivery of local infrastructure. This provision is discussed later in this report; and

· Addition of new RE1 Public Recreation zoning on the southern edge of the rezoning area at Frogmore Road, to accommodate new stormwater basin B8. This land is currently in Legacy Property control.

Attachment 3 presents all changes made to the Planning Proposal post-exhibition.

The final amended Planning Proposal is enclosed and has been provided under separate cover and is publicly available on Council’s website.

Amendments to Development Control Plan

The publicly exhibited draft DCP is proposed to be amended in response to various matters raised and addressed post-exhibition. Listed below are the key changes made to the draft DCP.

· Additional biodiversity controls added to emphasise relevant legislation and the preservation of significant flora and fauna species, ecological communities and their habitats;

· Amendment to integrated housing provisions to ensure consistency with the amended control in the Planning Proposal relating to the applicability of 300sqm lots;

· Correction to discrepancies with the correlation of controls relating to minimum lot size, different dwelling typologies, lot widths and garage dominance of the streetscape;

· Additional retaining wall requirements to limit maximum heights;

· Additional controls to manage and address the land use interface between Orchard Hills North and properties fronting Hermitage Court;

· Additional acoustic amenity controls to mitigate noise impacts from major roads to residential areas;

· Revision to the village centre indicative layout and controls to achieve more appropriate built form outcomes;

· Additional requirements around delivery of tree canopy cover;

· Amendments to the contaminated land management controls relating to relevant legislation;

· Amendments to the development’s road hierarchy map as well as the amendments to the road reservation widths and road typologies for the development;

· Amendments to controls relating to the north-south ultimate road corridor to reflect changes made to the Planning Proposal and 7.11 Plan in respect to applicable land;

· Amendments to the pedestrian and cycle network; and

· The entire draft DCP was updated and contemporised to reflect all post-exhibition changes and agreements reached.

Attachment 4 presents all changes made to the draft DCP post-exhibition.

The final amended draft DCP is enclosed separately and is publicly available on Council’s website.

Section 7.11 Development Contributions Plan

A draft Section 7.11 Development Contributions Plan for Orchard Hills North (s7.11 Plan) was placed on exhibition to support the Planning Proposal. The exhibited s7.11 Plan has been provided to Councillors as a separate enclosure and is publicly available on Council’s website.

A s7.11 Plan is needed to ensure that the local infrastructure required to support the development outcomes sought by the planning proposal will be delivered. Local infrastructure included in the s7.11 plan includes local roads, water cycle management works and open space (such as local parks and active open space).

It is important that the s7.11 plan reflects the final development outcomes of the Planning Proposal and associated supporting documents, such as the DCP and other technical studies. This will ensure that the scope of works and their costs are accurate and reduce potential financial risk to Council.

Status and finalisation of S7.11 Plan

Council officers have been working with the proponents to review, update and finalise the s7.11 Plan, based on submission matters and planning proposal changes. This work is close to finalisation. It is proposed that Council endorse the attached draft s7.11 plan (as exhibited) and recommend that the changes in the table below, be incorporated into the s7.11 plan before its submission to IPART.

Matter	Proposed amendment
Land Valuation	Update/amend based on a review of land values and consideration of just terms compensation allowance
Staging	Expected delivery timeframes to be included/adjusted
Cost rates	Review, and where necessary update cost rates of infrastructure, such as any cost discrepancies, miscalculations, omitted items
Contingency	Update/amend based on a review and consistency with IPART benchmarks
Open space	Respond to the final open space strategy and essential works list
Roads	Update/amend based on LEP mapping and technical studies
Water cycle management	Update/amend based on updates to technical studies
Dwelling/ Population projections	Update/amend where required, to ensure currency
Specifications	Inclusion of works specifications in the works schedule
Typographical/references	Correct all errors and ensure references are correct
Technical	Ensure all calculations within the works schedule and references to indexation are correct

IPART Process

To comply with Ministerial Directions, Council is unable to authorise the s7.11 plan to be made until:

• The s7.11 Plan is reviewed by IPART; and

• the Minister, after considering the review, directs Council to make the LEP.

IPART will assess the s7.11 Plan for:

• compliance with the essential works list;

• establishment of nexus;

• reasonableness of costs; and

• apportionment between existing and future infrastructure users.

IPART will prepare a draft report on their findings, which is released for public consultation. Following this, a final report will be prepared and sent to the Minister. The Minister will consider the report and direct Council to make the s7.11 Plan, with or without amendments.

For housekeeping and procedural purposes, it is proposed to request DPE include the Orchard Hills North urban release area under Schedule 2 of the Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012. This will recognise the precinct as an urban release area for development contributions purposes and formally apply a $30,000 development contributions cap to the precinct.

Next steps for infrastructure delivery

Due to the critical nature of having an infrastructure delivery mechanism in place, it is proposed that development consent should not be granted until such time that an appropriate infrastructure delivery mechanism is in place. This may be an s7.11 Plan or a Voluntary Planning Agreement (VPA) where suitable. This matter is discussed further in the report below.

Legacy Property Local VPA Offer

A letter of offer to enter into a VPA from Legacy Property was included in the planning proposal exhibition. Subsequent to the exhibition, this offer has been amended and re-submitted. The offers seek to deliver infrastructure identified in the draft s7.11 plan on the subject sites, as well as affordable housing contributions and additional contributions towards open space embellishment and road surfacing for Frogmore Road.

In addition to the affordable housing offer as outlined above, at the Ordinary Meeting of 25 July 2022, Council endorsed an Affordable Rental Housing Contribution Scheme Planning Proposal (ARH Planning Proposal) for Glenmore Park Stage 2 and Orchard Hills North to be forwarded to DPE with a request to issue a Gateway Determination. A Gateway Determination was issued by DPE on 22 October 2022 enabling the Planning Proposal to proceed to public exhibition and the planning proposal is currently on exhibition.

Given that the Planning Proposal is expected to be in place prior to any development consent being issued in the urban release areas, the inclusion of affordable housing within the VPA offer is considered as a back up option, that will be superseded by the new ARH clause once gazetted.

The offer to enter into a VPA is considered a positive step to securing enabling infrastructure, providing certainty and limiting potential financial risk to Council ahead of a future IPART review.

A high-level review of the offer has been undertaken by Council officers. The primary matters that have arisen are with respect to the fragmentation of land ownership, orderly development, understanding part road delivery, the need for an access strategy and the alignment of open space with dwelling delivery.

Council officers will continue to work with the proponents on the offer. Councillors will be further briefed on the matter when the offer progresses to the drafting of the VPA, and this will be reported to a future Council meeting.

The final draft Legacy Property local VPA Offer is provided at Attachment 5.

State VPA

It is understood that Legacy Property, DPE, TfNSW and SINSW are currently negotiating a State VPA which is intended to encompass the following contributions to be provided by Legacy Property to State government:

· Land required for the ultimate North-South road corridor, which will not be included in the Section 7.11 Plan;

· Land required for a new school site, to be the future new location of the Orchard Hills Public School;

· A monetary contribution towards off-site State intersection upgrades, based on the outcomes of the TMAP; and

· A biodiversity contribution under the Cumberland Plain Conservation Plan.

DPE has recently advised Council that the key terms of the State Planning Agreement have been agreed to and supported by SINSW and TfNSW. Negotiation continues with regard to:

· the extent of future road land to be dedicated;

· to the value of the education and future road land;

· the extent of land the Agreement is to apply; and

· the pathway Legacy will take with regard to addressing Biodiversity issues.

DPE advise that once the above matters have been resolved, the Planning Agreement will progress to developer execution and notification. State Planning Agreements are publicly notified and Council will be provided with an opportunity to provide comment on the draft agreement at this time.

The DPE letter to Council dated 20 October 2022 (refer to Attachment 6) suggested principles for the State VPA which were intended to address the financial risk to Council. Council accepts these principles and anticipates that these will be applied in preparation of the State VPA. This is discussed later in this report.

Mitigation of financial risk to Council

Significant progress has been made in working towards mitigating the financial risks to Council, and overall, the financial risk will be significantly minimised, if not reduced to zero, subject to the provision of:

· The S7.11 plan and it being fully adopted by IPART;

· A State VPA;

· Local VPAs;

· Further planning and infrastructure planning undertaken by the State Government for Orchard Hills South; and

· Deferral of the commencement of the LEP amendment and inclusion of a specific LEP clause relating to the approval of the contributions plan by IPART or other funding mechanism as outlined below.

The table below provides information on each of the infrastructure funding risks associated with the Orchard Hills North Planning Proposal, the steps taken to mitigate each risk, the funding source for each item to reduce the risk and the residential risk remaining.

Infrastructure	Previous Financial Risk	Steps to mitigate	Funding Mechanism	Residual Risk	Comment
Essential Works List and IPART Approval	$124,000,000	IPART approval for full amount	S7.11 plan	$0	IPART have estimated 12-18 months from Council endorsement of 7.11 Plan (earliest Dec 2023)
Essential Works List and IPART Approval	$124,000,000	IPART approval for full amount	S7.11 plan	$0	In addition, suggested planning controls to ensure that the approved IPART plan is in place ahead of any development application being determined. If all the items are not approved by IPART then there are options to: · Remove item · Require works through development consent · Local VPA’s
Local North-South road funding	$4,025,577	Further work has confirmed that this road can be included wholly in S7.11 plan and not rely on Area B	7.11 plan	$0
Ultimate North-South road corridor funding	$8,200,000	Acquisition authority nominated by Minister when needs and funding mechanism agreed	State VPA	$0       Note: If there is no need for this road there is no cost. If there is a need the cost will be included with a funding mechanism	Terms of the State VPA are agreed, the timing for exhibition and finalisation is to be confirmed.
East-West road funding	$21,331,456	Confirmed increased apportionment to Area A, so included in the S7.11 Plan.   For East West road in Area B included in future State-led planning of Orchard Hills South	7.11 plan	$0	Access Strategy will be required for access to Area A until Area B is planned.
Frogmore Road resurfacing	$256,180	Part included in the S7.11 Plan and Legacy agreed to include Area B apportionment in the Local VPA	7.11 plan	$0
Frogmore Road resurfacing	$256,180		Local VPA	$0
Basin B7	$7,729,105	Area A basin included in the S7.11 Plan	7.11 plan	$0

In addition to the above information, off-site infrastructure upgrades have been identified through the planning proposal process. The full cost of these works cannot be included in the draft s7.11 Plan because they are associated with cumulative background growth across Penrith LGA and are not fully related to the proposed zoning changes. These are also as a result of many other developments occurring in the area due to Penrith being a growth council. Therefore, Council resolved at its meeting of 27 June 2022 to investigate the development of a Section 7.12 plan to fund these works attributed to background growth.

In relation to the specific LEP clause referred to above and to further minimise any potential financial risk to Council resulting from the outcomes of the IPART review of the s7.11 Plan, it is proposed to insert a new clause into Part 6 of Penrith LEP 2010 (Urban Release Areas) relating to the provision of local infrastructure. The clause will require that development consent cannot be granted to land within an Urban Release Area unless the relevant Contributions Plan is in effect or an alternative mechanism is provided for the delivery of local infrastructure. This approach is similar to the current clause 6.2 of the LEP, where development consent cannot be granted on land within an urban release area unless Council is satisfied that arrangements have been made for the provision of State public infrastructure. Clauses of this nature also applies to land within the Aerotropolis and Mamre Precinct, for local infrastructure purposes. Such a clause would also be consistent with provisions for land within the Sydney Region Growth Centres, where land has been rezoned prior to a s7.11 Plan being in force.

The intent of this clause is to ensure that there is limited risk exposure to Council in enabling the making of the Plan and provides flexibility that either a Contributions Plan needs to be in effect to be granted development consent or other arrangements such as a VPA being in place, using the contributions plan as a base for negotiation and that it delivers all the local infrastructure required for the development. This ensures that development is not granted consent unless there is provision for local infrastructure to support development.

Given the approach above, the proponent has requested Council seek a deferred commencement of the Plan, following submission of the Planning Proposal to DPE for finalisation. This is to reduce the period between when the Plan is made, and when the Plan commences which is the time when a Development Application can be considered or approved. This request is due to commercial considerations by the proponent. The proponent has requested the Plan commence from 1 October 2023. Whilst Council raises no objections to this approach, DPE as the plan-making authority will make the ultimate decision regarding the deferred commencement request.

Next steps

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

· All supporting technical studies supporting the Planning Proposal are to be updated and contemporised to reflect the final revised Planning Proposal endorsed by Council;

· Council will submit the Planning Proposal to the Department of Planning and Environment for finalisation and gazettal, with a request to make the LEP, with a deferred commencement date of 1 October 2023;

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

· The draft DCP will take effect on or after the date when the LEP amendment takes effect;

· The draft Section 7.11 Contributions Plan will be amended in accordance with the changes presented in this report;

· Council will forward the draft Section 7.11 Contributions Plan to IPART with a request to conduct a formal review of the document. This review process may take up to 18 months to complete. Following completion of the IPART review, the Minister will consider IPART’s recommendations and will direct Council to make the plan, with or without changes;

· Council and Legacy Property will finalise and agree to a local VPA Offer, to be reported to a future Council meeting for consideration;

· Council and Legacy Property will prepare, publicly notify and execute a local VPA in relation to the subject site; and

· Legacy Property and the State Government will prepare, publicly notify and execute a State VPA in relation to the subject site.

Financial Implications

The infrastructure funding risks associated with the Orchard Hills North Planning Proposal have been outlined in the table on pages 14-15 and includes the steps to mitigate the risk, funding mechanism for each risk and residual risk remaining.

The financial risks can be mitigated through the provision of:

· The S7.11 plan and it being fully adopted by IPART

· A State VPA

· Local VPA’s

· Further planning and infrastructure planning undertaken by the State Government for Orchard Hills South

· Deferral of commencement of the LEP amendment and inclusion of a specific LEP clause relating to the approval of the contributions plan by IPART or other funding mechanism.

To further mitigate Council’s financial risk, it is proposed to insert a new clause into Part 6 of Penrith LEP 2010 (Urban Release Areas) which will require a relevant Contributions Plan to be in effect or an alternative mechanism to be provided for the delivery of local infrastructure prior to consent being granted to land with an Urban Release AREA.

Risk Implications

DPE has provided correspondence to Council requiring Council progress and complete the Planning Proposal process by December 2022. DPE provided advice that further timeframe extensions are unlikely to be granted unless there are extenuating circumstances and encouraged Council to finalise the plan-making process as soon as possible. If these timeframes are not achieved, the Minister for Planning has the ability to ‘call in’ the Planning Proposal to be refused or made. Council’s open dialogue and regular discussions with DPE has likely contributed positively to the project, and the Minister has not yet called in the Planning Proposal.

Conclusion

This report has presented the outcomes of a public exhibition of the Orchard Hills North Planning Proposal, draft DCP, draft 7.11 Plan and draft local Legacy VPA Offer.

The Planning Proposal and supporting information was placed on public exhibition from 25 July to 22 August 2022. A total of 62 public submissions were received. Submissions were also received from most of the State agencies consulted.

The publicly exhibited Planning Proposal, draft DCP, draft 7.11 Plan and draft local Legacy VPA Offer have been amended in response to various matters raised and addressed post-exhibition.

The financial risks to Council which were identified in the previous 27 June 2022 report to Council’s Ordinary Meeting have been investigate and mitigated. Significant progress has been made in working towards mitigating the financial risks to Council, and overall, the financial risk will be significantly minimised, if not reduced to zero, subject to the provision of:

· The S7.11 plan and it being fully adopted by IPART;

· A State VPA;

· Local VPAs;

· Further planning and infrastructure planning undertaken by the State Government for Orchard Hills South; and

· Deferral of the commencement of the LEP amendment and inclusion of a specific LEP clause relating to the approval of the contributions plan by IPART or other funding mechanism.

RECOMMENDATION

That:

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

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

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

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

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

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

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

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

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

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

ATTACHMENTS/APPENDICES

1. ⇩	Detailed responses to public submissions	13 Pages	Attachments Included
2. ⇩	Detailed responses to agency submissions	6 Pages	Attachments Included
3. ⇩	Changes made to Planning Proposal post-exhibition	3 Pages	Attachments Included
4. ⇩	Changes made to draft DCP post-exhibition	3 Pages	Attachments Included
5. ⇩	Draft Legacy Property local VPA Offer	22 Pages	Attachments Included
6. ⇩	DPE letter to Council 20 October 2022	2 Pages	Attachments Included

Ordinary Meeting 12 December 2022

Glenmore Park Stage 3 Planning Proposal

Compiled by: Danielle Fox, Senior Planner

Nicole Dukinfield, Principal Planner

Natalie Stanowski, Principal Planner

Authorised by: Abdul Cheema, City Planning Coordinator

Kylie Powell, Director - City Futures

Outcome	We plan and shape our growing City
Strategy	Undertake strategic planning that will ensure balanced growth and liveability
Principal Activity	Facilitate and plan for housing diversity and liveability

Previous Items: Accelerated Housing Delivery Program for New Release Areas- Policy Review Committee- 14 Aug 2017

Accelerated Housing Delivery Program update- Councillor Briefing- 23 Apr 2018

Glenmore Park Stage 3 Planning Proposal (Accelerated Housing Delivery Program site)- Councillor Briefing- 05 Aug 2019

Planning Proposal - Glenmore Park Stage 3 (Accelerated Housing Delivery Program site)- Councillor Briefing- 30 Sep 2019

Glenmore Park Stage 3 Planning Proposal (Accelerated Housing Delivery Program site)- Councillor Briefing- 02 Mar 2020

Planning Proposal - Glenmore Park Stage 3- Ordinary Meeting- 25 May 2020

Glenmore Park Stage 3 Development Control Plan and Contribution Plan- Councillor Briefing- 06 Jun 2022

Glenmore Park Stage 3 Draft Development Control Plan and Draft Contributions Plan- Councillor Briefing- 18 Jul 2022

Planning Proposal to amend Penrith LEP 2010 - Glenmore Park Stage 3 - draft Development Control Plan and draft Contributions Plan- Ordinary Meeting- 25 Jul 2022

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

Executive Summary

The purpose of this report is to advise of the outcomes of a public exhibition of the Glenmore Park Stage 3 Planning Proposal (GP3), draft Development Control Plan (DCP), draft Section 7.11 Contributions Plan (s7.11 Plan) and draft Voluntary Planning Agreement (VPA) Letter of Offer.

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

· 15 May 2018 – Accelerated Housing Development Program (AHDP) and Glenmore Park South topography, how the development will relate to Mulgoa Valley and examples of similar development by Mirvac;

· 23 May 2018 – Advising of lodgement of Planning Proposal;

· 17 August 2018 – AHDP – Update on Planning Proposal;

· 18 October 2018 - Enquiry from Lisa Harrold of Mulgoa Landcare Group, Independent peer review of ecological assessment for Planning Proposal commissioned;

· 5 June 2020 – Response to matters raised by Councillors at Ordinary Meeting of 25 May 2020, being Fonzie flats, sports fields, and mapping;

· 25 June 2020 – Update on Planning Proposal;

· 18 July 2022 – Information to assist new Councillors in their consideration of upcoming reports;

· 5 August 2022 – Representations by Councillors on behalf of private landowners (fronting The Northern Road) advising they will be objecting to the rezoning in it current form;

· 18 August 2022 – Requests for further information from Councillors following the 25 July 2022 Ordinary Meeting;

· 7 September 2022 – Representations on behalf of Mr Alan Bottle;

· 16 September 2022 – Extension of time (4 weeks) to provide submissions for all private landowners not part of the Mirvac developer group;

· 23 September 2022 – Submissions sent to Councillors will be responded to at a future Council briefing followed by a report to Council’s Ordinary Meeting; and

· December 2022 - Councillor memo with information regarding Open Space and IPART processes.

The Planning Proposal and supporting documents were placed on public exhibition from Friday 19 August 2022 to Friday 16 September 2022. Community members, key stakeholders and affected landowners were given an opportunity to provide comments.

A total of 17 submissions were received on the Planning Proposal and other technical documents that formed part of the public exhibition. Council received submissions from private landowners not part of the Mirvac consortium, submissions from other community members, a submission from the Vianello landowner, and received correspondence from Mirvac during the exhibition period requesting changes to the masterplan.

The key issues raised in the submissions included a request to move Local Park 2 (L2) from the private landowner’s land along The Northern Road with additional dwelling yield in this area, changes to the proposed C4 Environmental Living zone along The Northern Road, and changes to the zoning and proposed infrastructure on 101-113 Chain O Ponds Road. Mirvac and Vianello also requested other changes to the masterplan in response to the impacts of the CPCP.

In response to the issues raised during the exhibition period, amendments to the Planning Proposal and supporting documents are recommended. The key amendments to be made to the Planning Proposal in response to the public submissions include the alignment of the masterplan with the final Cumberland Plain Conservation Plan (CPCP) mapping of avoided lands as C2 Environmental Conservation, reduction in size and location of a local park (L2) to limit the impacts on private landowners, an extension of the R3 Medium Density Residential zone to land at 101-113 Chain O Ponds Road, and updates to the dwelling caps to reflect the above mentioned changes. Changes have also been proposed to the DCP and Section 7.11 Plan in response to submissions received from the community and State agencies.

This report recommends that Council endorses the amended Planning Proposal, draft 7.11 Plan (with amendments) and amended draft DCP, and that Council and Mirvac/Vianello are to continue to work towards finalisation of a VPA Offer which is to be reported to a future Council meeting for consideration.

The endorsement of the Planning Proposal and submission to DPE for finalisation of the LEP amendment will be subject to the insertion of a new LEP clause that requires a Contributions Plan to be in effect or an alternative mechanism is provided for the delivery of local infrastructure (such as a VPA of which the Contributions Plan is the basis of the negotiations) prior to development consent being granted.

Background

The Planning Proposal was lodged with Council on 23 May 2018 seeking to rezone land to facilitate urban development. The Planning Proposal seeks to amend the Penrith Local Environmental Plan 2010 (the LEP) for a 206-hectare site south of the existing suburb of Glenmore Park, bounded by Chain O Ponds Road to the south, The Northern Road to the east and Lot 18 DP 246610 Chain O Ponds Road and the Mulgoa Nature Reserve to the west.

The rezoning area contains a total of 25 lots that are primarily used for residual grazing and rural residential properties. It is envisaged that the existing rural and environmental management zoning and planning controls will be amended to allow delivery of up to 2,330 dwellings (that includes low and medium density dwellings, large lot housing and shop top housing), and a population of around 6,961 people. Housing diversity is proposed through a combination of dwelling caps, minimum lot sizes and residential development controls. Large lots delivering low impact residential development are proposed on the periphery of the rezoning area to respond to the sites’ location on the urban/rural edge and provide an appropriate land use transition to adjoining non-residential interfaces. A landscape buffer along The Northern Road, and an internal perimeter road along The Northern Road (south of the sports field) interface will visually separate the rezoning area and The Northern Road.

The masterplan provides a green spine of environmental corridors that loop through the site and connect the existing suburb of Glenmore Park, the Mulgoa Nature Reserve, Chain O Ponds Road and the neighbourhood centre. The neighbourhood centre will comprise a retail centre, a school and sports field with new pedestrian connections. The Planning Proposal document and supporting documents outline the proposed changes.

The proponent for the Planning Proposal is Mirvac (NSW) Pty Ltd. The rezoning area comprises 25 lots. Most of the lots are owned and/or controlled by two major parties (Mirvac and Vianello). There are also five (5) lots where land remains in private ownership and are not part of the Mirvac consortium. These lots include:

· 101-113 Chain O Ponds Road, Mulgoa (Area 9), and

· Four (4) lots fronting The Northern Road (Area 12),

o 2297-2307 The Northern Road, Mulgoa

o 2309-2317 The Northern Road, Mulgoa

o 2319-2327 The Northern Road, Mulgoa

o 2329-2335 The Northern Road, Mulgoa

At the Ordinary Meeting of 25 May 2020, Council resolved to endorse the Planning Proposal to be sent to the DPE seeking a Gateway Determination to publicly exhibit the Planning Proposal. A Gateway Determination was issued by DPE on 22 September 2020, enabling the Planning Proposal to be publicly exhibited subject to a number of conditions being met.

The key Gateway requirements that were required to be addressed prior to proceeding to public exhibition were:

· Preparation of additional analysis for endorsement by DPE, that includes:

o the proposed dwelling yields and cap and the resultant urban design outcome, and

o assessment of the existing and proposed development potential and likely uplift of the lots to remain in private ownership.

· Preparation of a Public Domain and Open Space Strategy, for endorsement by DPE.

· Consultation with private landowners and provide a summary of the outcomes of the consultation to DPE.

· Consult with the NSW Rural Fire Service and address any comments from this agency.

· Council to request the proponent initiate discussions with DPE regarding State infrastructure needs generated by the proposal.

· Council must evaluate the viability of increasing the required percentage of affordable housing from 3% to 5% as part of its VPA negotiations.

· As part of the Stage 2 transport analysis, Council is to consider traffic demand measures that can be incorporated to reduce reliance on private vehicles.

Council have worked closely with the proponents to address the Gateway conditions. A Public Domain and Open Space Strategy (PDOSS) was prepared and endorsed by DPE prior to public exhibition.

Council officers also met with private landowners throughout August 2021 to discuss their concerns directly. A Consultation Report was prepared and submitted to DPE. This report formed part of the public exhibition of the Planning Proposal.

Cumberland Plain Conservation Plan

In meetings held with DPE in January 2022, DPE provided advice that the Planning Proposal must align with the draft Cumberland Plain Conservation Plan (CPCP). In March 2022, DPE provided written advice that prior to the finalisation of the Planning Proposal, the PDOSS is to be reviewed in the context of the CPCP, and if the Planning Proposal results in the removal of biodiversity in the ‘avoided lands’ (areas with high biodiversity value), the Planning Proposal may need to be amended.

The Planning Proposal was updated prior to public exhibition incorporating the CPCP based on information provided by DPE to Mirvac. The final CPCP was released on 17 August 2022, two days prior to the commencement of the public exhibition of the Planning Proposal. Further post exhibition amendments to the masterplan have occurred to provide consistency with the final CPCP, and this will be detailed further in this report.

In finalising the Planning Proposal, Council must have regard to the Ministerial Direction 3.6 Strategic Conservation Planning and SEPP (Biodiversity and Conservation) 2021 and ensure that the Planning Proposal is consistent with these instruments. Further information on the assessment of the Planning Proposal’s consistency with the Ministerial Direction and SEPP is outlined later in this report.

Provision of Open Space

Following the amendments to the masterplan as a result of the CPCP, a summary is provided below to demonstrate that the Planning Proposal remains in excess of the open space requirements outlined in of the Penrith Sport and Recreation Strategy 2020:

Open Space Type	Open Space Required (Ha)	Open Space Provided (Ha)	Open Space Type		Surplus / Deficit (Ha)	Open Space Conservation Only (Ha)
Open Space Type	Open Space Required (Ha)	Open Space Provided (Ha)	Non CPCP (Ha)	CPCP/ Recreation (Ha)	Surplus / Deficit (Ha)	Open Space Conservation Only (Ha)
Local	1.38	1.51	1.51		0.13
District	6.9	10.28	5.38	1.28	-0.24	3.62
Sporting	9.65	10	10		0.35
Linear	6.9	25.38	4.42	2.73	0.25	18.23
TOTAL	24.83	47.17	21.31	4.01	0.49	21.85

Note: In addition to the 0.49 hectares of excess open space, there is an additional 21.85 hectares of conservation land (last column in table above) that will be dedicated to Council through a VPA by the two major land controllers.

Department of Planning and Environment timeframes

An alteration to the Gateway Determination was received from DPE on 9 June 2022. DPE included updated milestone dates within which Council is required to progress and complete the Planning Proposal process, as follows:

· Reporting to Council for consideration to proceed to public exhibition by 31 July 2022,

· Public exhibition by 31 August 2022,

· Reporting to Council for finalisation of the LEP by 31 October 2022, and

· LEP finalised by 23 December 2022.

DPE provided advice that further timeframe extensions are unlikely to be granted unless there are extenuating circumstances and encouraged Council to finalise the plan-making process as soon as possible.

Under planning reforms led by the State Government, DPE introduced a new ‘Cohort’ Planning Proposal program, where Planning Proposals that had been in the system and were experiencing challenges, were assisted by DPE’s Planning Delivery Unit to assist in unlocking any obstacles and working towards a resolution. Councillors were briefed on these proposals at the Councillor Briefing of 14 February 2021. These Planning Proposals were issued timeframes for completion by DPE and if these timeframes were not achieved, the Minister for Planning has the ability to ‘call in’ the Planning Proposal to be refused or made. Council’s open dialogue and regular discussions with DPE has likely contributed positively to the project, and the Minister has not yet called in the Planning Proposal.

Public exhibition

At the Ordinary Meeting of 25 July 2022, Council considered a report on the Planning Proposal and resolved to place a draft DCP draft 7.11 Plan, and draft VPA Letter of Offer, on public exhibition alongside the Planning Proposal.

The Planning Proposal and supporting documents were placed on public exhibition from 19 August 2022 to 16 September 2022. Exhibition material was available to view online at:

· Council’s Your Say Penrith website;

· Civic Centre;

· Penrith and St Marys libraries; and

· NSW Planning Portal.

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

A notice was placed in the Western Weekender for four consecutive weeks throughout the public exhibition period. Written notification was given to the landowners and occupiers of 73 properties that form part of the rezoning area, and on nearby or adjoining properties.

As required by the Gateway Determination condition 11, in addition to Council’s standard consultation during the public exhibition, written notification to all landowners which form part of the Planning Proposal included an offer to directly meet with Council officers to discuss the Planning Proposal.

The 5 private landowners requested an extension of 4 weeks to make a submission. This request was granted. In addition, a meeting was held between Council and the private landowners on 5 October 2022, where the private landowners raised their concerns with Council.

A total of 17 public submissions were received on the public exhibition. A summary of these submissions is as follows:

· Full support for the proposal: 6 submissions

· Not opposed but concerns / matters / suggestions raised for consideration: 7 submissions

· Opposition to the proposal in its current form: 4 submissions

· Total submissions: 17

Detailed responses to all public submissions are provided in Attachment 1. The key issues raised in public submissions are outlined below:

Private landowners:

· Location and size of Local Park 2 (L2);

· Extent of C4 Environmental Living zone and the proposed 4,000m2 minimum lot size;

· Extent of C2 Environmental Conservation zone on 101-113 Chain O Ponds Road;

· Extend the R3 Medium Density Residential zone (R3) to 101-113 Chain O Ponds Road; and

· Matters raised in the 7.11 Contributions Plan and VPA Offer relating to 101-113 Chain O Ponds Road.

Officer response:

Further consideration has been given to the location of L2, and it is now proposed to be reduced in size from 17,450m2 to 5,000m2 and relocated, sharing a boundary between the private landowners lots and the Mirvac controlled lots. This outcome demonstrates that the minimum outcome performance measures for local parks to be located within 400m walking distance for residents (as outlined within the Penrith Sport and Recreation Strategy) can be achieved and retains the majority of the trees within the original footprint of L2. It is important that these trees are retained to provide shade and cooling the city opportunities. The reduction in size of L2 does not result in any deficit of open space requirements across the site and complies with the Penrith Sport and Recreation Strategy size requirements for open space.

The removal of the C4 zone and 4,000m2 lots to allow higher density on these properties would be incompatible with Council’s objectives for this corridor and to maintain the rural gateway entry into Penrith. This would also be contrary to the recently endorsed Rural Lands Strategy that has mapped the rural boundary to include these C4 zoned lots. The treatment of The Northern Road corridor needs to be considered in its entirety, therefore this change is not supported.

District Park 2 (D2) provides a passive open space function and is located within 101-113 Chain O Ponds Road. Extending the R3 zone onto this lot adjacent to the C2 zone represents a logical extension of the medium density zone (on the Mirvac controlled lot to the east) and has merit. Therefore, the request to extend the R3 boundary to this subject lot is supported.

A small portion of land that was proposed to be rezoned C2 Environmental Conservation on 101-113 Chain O Ponds Road is to be amended to R2 Low Density Residential. This change is acceptable as the land is not identified as CPCP land, however a proposed raingarden in this location remains. Regarding infrastructure matters for 101-113 Chain O Ponds Road, Council officers have considered these matters and provided detailed responses in Attachment 1. It should be noted that Council’s review of the 7.11 Plan is ongoing and will be finalised prior to being submitted to IPART for review.

Other community members:

· Concerns regarding the transition of development at the Chain O Ponds Road interface; and

· Request for removal of small development area on western edge to preserve views.

Officer response:

Penrith’s Local Strategic Planning Statement (LSPS) identifies Glenmore Park Stage 3 (GP3) as a Council-nominated Urban Investigation Area. GP3 falls within the Greater Penrith to Eastern Creek Growth Area within the Region and District Plans allowing it to be considered for urban development. These higher-level strategic documents have undergone extensive community engagement processes and provide the strategic context for allowing urban development on the rural edge in this location. There are a suite of measures incorporated in the DCP regarding the Chain O Ponds Road interface to mitigate the impacts to nearby rural areas. Further assessment will be undertaken at development application stage on the impacts to lots south of Chain O Ponds Road.

Regarding the issue raised to preserve views, the small number of dwellings proposed in this location, the undulating topography, and the expanded size of Linear Park 2 (LIN2) will all act to maintain and protect views southwards from the dam area. No change is recommended in response to this issue.

Vianello landowner:

· Objections to the location of open space Local Park 1 (L1);

· Requesting changes to The Northern Road interface north of the sports field; and

· Seeking the removal of dwelling cap precincts on the Vianello land.

Officer response:

It is preferred L1 remains in its current location as it is centrally located within the northern part of GP3, providing a greater number of GP3 residents access to a local park within a safe walking 400m distance of their home, than if the park was located closer to the GP2/GP3 boundary.

The request to move a detention basin to this location is supported, subject to confirmation of hydraulic modelling. The location of the detention basin will assist in preserving the rural gateway along The Northern Road. However, a SP2 Infrastructure zone and the additional tapered R2 zone is not supported. The proposed C4 Environmental Living zone is recommended to be retained given the objectives of the C4 zone align with the intention for the rural gateway.

The proposed change to consolidate the dwelling caps is not supported. This would result in only one precinct with one cap on the northern part of the precinct and poor distribution of lot sizes resulting in inadequate lot diversity.

Agency Consultation

During the public exhibition period, Council formally sought comment from several State government agencies in accordance with the requirements of the Gateway Determination issued for the Planning Proposal. Submissions were received from most of the agencies including DPE, Endeavour Energy, Schools Infrastructure NSW, Sydney Water, Transport for NSW, NSW Rural Fire Service, NSW Health, the Environment Protection Authority, Dams NSW and the Department of Primary Industries.

At the time of writing this report, the following submissions remain outstanding:

· Department of Planning and Environment – Water / Natural Resources Access Regulator (NRAR),

· Greater Cities Commission, and

· Deerubbin Local Aboriginal Land Council.

DPE are assisting Council in receiving submissions from these agencies through the Planning Delivery Unit. Should Council resolve to finalise the Planning Proposal and request DPE make the LEP amendment, it is anticipated that the DPE will consult with Council on any issues raised by these agency submissions as they finalise the amendment.

Detailed responses to all State agency submissions are provided in Attachment 2. The key issues raised in these submissions are outlined below. All other agencies raised minor matters or no objections.

· Department of Planning and Environment (DPE) – Resilience Planning

DPE Resilience Planning raised that the Planning Proposal did not address the Ministerial Direction 3.6 Strategic Conservation Planning and that the Planning Proposal seeks to rezone land that is identified by Chapter 13 of SEPP (Biodiversity and Conservation) 2021 as avoided land, which is inconsistent with the Ministerial Direction and the CPCP.

DPE Resilience Planning object to encroachments of the R2 and C4 zones into avoided land and seeks clarification as to the consistency of the proposed RE1 zone with the objectives for avoided land in the Ministerial Direction.

Officer Response:

The CPCP was not finalised until two days before the exhibition of the Planning Proposal, which did not enable the Planning Proposal to be updated for consistency prior to exhibition.

Post-exhibition, the Planning Proposal has been updated to include consistency with the Ministerial Direction 3.6 Strategic Conservation Planning and SEPP (Biodiversity and Conservation) 2021. All of the CPCP avoided lands areas are included within the C2 zone boundaries except for a portion of land on Lot 25 DP 244610. This portion of lot is proposed to be deferred from the finalisation of the Planning Proposal, due to a potential discrepancy in the Avoided Lands boundary in this area which is being pursued by Mirvac as an amendment to the CPCP. As a result, the existing C3 Environment Management zone (and any relevant development standards) will continue to apply to this area, until a determination on whether the CPCP will be amended for this land is known.  

· Department of Planning and Environment – Environment & Heritage Group (EHG)

EHG provided detailed comments on the Planning Proposal and draft DCP. Key issues and recommendations in their submissions included the following:

· EHG does not support the Planning Proposal combining open space / RE1 zone land uses within the C2 zone;

· Propose that Cumberland Plain Woodland in the proposed RE1 zone is rezoned to C2;

· Requests that environmental corridor widths on the site are as wide as possible. Land on either side of the basin in the east-west corridor is provided so that the east-west terrestrial corridor connection is not severed at this location; and

· Requests further information regarding the Water Cycle Management Report’s conflict with guidelines for riparian corridors or with respect to the management of water bodies more generally.

Officer Response:

The Planning Proposal has been updated to ensure that all avoided lands are zoned C2. Noting that the objectives of the C2 zone provides for low impact, passive recreational and ancillary land uses, and that the RE1 zones fall within urban capable land, the Planning Proposal is consistent with the CPCP and relevant Ministerial Direction.

DCP objectives and controls will be updated to ensure an east-west terrestrial corridor connection is maintained surrounding the basin.

A revised Water Cycle Management Report was provided to Council on 25 November 2022 which the proponent has advised addresses EHG’s comments. Due to the timeframes for finalisation of the Planning Proposal, Council officers have not been able to complete a review of the updated report at the time of writing this report. As part of the finalisation of the Planning Proposal, it is anticipated that DPE will assist with any outstanding agency submissions or matters including EHG’s comments, in consultation with Council prior to making the Plan.

· Transport for NSW

TfNSW’s submission acknowledges Council’s proposed rezoning of TfNSW-owned lots that were acquired as part of The Northern Rd upgrades. The submission also requested several DCP updates including the application of the Western Sydney Design Guidelines.

Officer Response:

Council has not adopted the Western Sydney Street Design Guidelines and site-specific road profiles will be adopted in a future DCP amendment. It should also be noted that this Planning Proposal was prepared and lodged with Council prior to the Western Sydney Street Design Guidelines being in place. Notwithstanding this, the draft DCP does include elements to create a walkable neighbourhood and other DCP references will be updated in response to TfNSW’s requests.

As part of the agency referral to TfNSW, Council wrote to TfNSW and highlighted that the rezoning process provides an opportunity to review the current zoning of the three properties currently owned by TfNSW (that were acquired as part of The Northern Road upgrades) and incorporate any zoning changes into this rezoning process. As TfNSW’s submission “notes Council’s proposed rezoning of the various lots owned by TfNSW” and “raises no further comments on the proposed rezoning of these lots”, the Planning Proposal will be updated to rezone these lots from RU2 Rural Landscape to SP2 Infrastructure (Classified Road). This post-exhibition change ensures the additional area of land acquired by TfNSW since the early stages of the Planning Proposal and now forms part of The Northern Road corridor are reflected in a more appropriate zone.

· Rural Fire Service

The NSW Rural Fire Service (RFS) requested several perimeter roads be incorporated into the development to aid firefighting operations and accommodate Asset Protection Zones. The RFS also requested Council apply a R5 Large Lot Residential zone instead of C4 Environmental Living zones.

Officer Response:

The revised DCP has actioned most of the comments received from RFS. Council does not support application of the R5 Large Lot Residential zone, as the zone permits certain uses including residential care facilities that would be undesirable on the periphery of the precinct, from a risk and evacuation perspective.

Post-exhibition changes to the masterplan have included a perimeter road along the majority of the western boundary. On the most westerly lot, a C2 zone in this location will be entirely occupied by a stormwater detention basin and therefore does not present as a bushfire hazard. The adjacent C4 zone may also be required to provide associated stormwater infrastructure.

Amendments to Planning Proposal

· Amendment to zones to ensure all areas identified as avoided lands in the CPCP are zoned C2 Environmental Conservation. This is to demonstrate consistency with the CPCP, Ministerial Direction 3.6 and SEPP (Biodiversity and Conservation) 2021;

· Amendment to the Land Zoning Map, Land Reservation Acquisition Map and GP3 LEP clause (dwelling yield) to reflect resized and relocated Local Park 2, in response to issues raised from public submissions;

· Amendment to the Land Zoning Map, Minimum Lot Size Map and GP3 LEP clause (dwelling yield) on land at 101-113 Chain O Ponds Road, in response to issues raised from a public submission;

· Amendment to the RU2 Rural Landscape zone on lots or part lots adjacent to the GP3 rezoning area boundary owned by TfNSW. These lots are proposed to be zoned to SP2 Infrastructure (Classified Roads) to reflect The Northern Road road reserve;

· Amendment to zoning boundaries, and the Clause Application Map for lots at the interface with GP2 and GP3 that straddle both release areas. This is required to remove the outcome where lots may have split zonings due to being located across the GP2 / GP3 LEP clause boundary;

· Amend Clause 5.1(2) to include Schools Infrastructure NSW / Department of Education and Communities as the relevant acquisition authority for land identified for the purposes of a school; and

Attachment 3 presents all changes made to the Planning Proposal post-exhibition.

The final amended Planning Proposal is enclosed separately and is publicly available on Council’s website.

Consistency with Cumberland Plain Conservation Plan

Since January 2022, the Planning Proposal has undergone significant revision in response to the CPCP. The Planning Proposal was updated prior to public exhibition incorporating the CPCP based on information provided by DPE to Mirvac. Council was not privy to this information.

The final CPCP was released on 17 August 2022, two days prior to the commencement of the public exhibition of the Planning Proposal. As a result, there remained some inconsistencies with the Planning Proposal and the CPCP.

The CPCP mapping identifies land within the GP3 rezoning area as certified urban capable land, where biodiversity approvals exist for this land, and avoided lands, which are areas with high biodiversity values that limit the permissibility of development within these areas.

Planning controls are in place for avoided land that protect biodiversity including:

· State Environmental Planning Policy (Biodiversity and Conservation) 2021 - Chapter 13 which sets out the planning controls to achieve the development and biodiversity outcomes of the CPCP; and

· A Section 9.1 Ministerial Direction - 3.6 Strategic Conservation Planning, which aims to protect land with high biodiversity value from the impacts of development and prevents rezoning of avoided land to urban development zones.

Following amendments made to the Planning Proposal post-exhibition, Council considers the Planning Proposal to be consistent with Ministerial Direction 3.6 and SEPP (Biodiversity and Conservation) 2021. All land identified as Avoided Land under the CPCP is proposed to be zoned C2 Environmental Conservation. Whilst some open space is proposed on land identified as Avoided Land, these lands are to be used for passive recreation only.

Whilst the CPCP has been finalised, DPE is currently compiling requests for changes to the CPCP mapping. Any changes will be addressed as part of a single modification application in the future. Landowners wishing to be considered will be required to demonstrate how the proposal meets the CPCP’s avoidance criteria, that all options to avoid impacts have been considered and that the proposal has no or minimal biodiversity impact. It is anticipated that DPE will seek a modification within the CPCP’s first 12 months of operation.

As part of the finalisation of the Planning Proposal, Mirvac has identified a portion of land that they will be requesting DPE consider as part of the CPCP amendment review process, given that Mirvac has carried out more detailed investigations that identify a discrepancy in the Avoided Land boundary and the actual surveyed location of a watercourse on this lot. This portion of land is on Lot 25 DP 244610 and is 9,216m2 (0.92Ha) in size. Given this discrepancy, rezoning this land to R2 Low Density Residential as indicated within the Planning Proposal that was placed on public exhibition, will be inconsistent with the CPCP. In response, Mirvac have proposed to identify this land as a Deferred Matter within Penrith LEP 2010.

Deferred matters result in the land being entirely removed from the application of the relevant LEP, being LEP 2010. The above approach is not supported, as land identified as a Deferred Matter results in the land being subject to the previous instrument, in this case LEP 201. As LEP 2010 is a more contemporary planning instrument, and there is no certainty that the land will be rezoned to R2, it is recommended that the entire GP3 precinct remain under the one planning instrument, being LEP 2010.

An alternative approach is recommended which is to defer this area from the finalisation of the Planning Proposal and making of the LEP. This approach is consistent with Section 3.36(c) of the EP&A Act, which enables the plan-making authority to defer the inclusion of a matter in the LEP amendment . This means that the existing E3 Environmental Management zoning will remain on this portion of land and will not be rezoned at the time of making the LEP amendment. Should DPE support Mirvac’s request to amend the CPCP and remove this land from being identified as Avoided Land, then it is understood that the proposed R2 Low Density Residential zoning will be finalised and made by DPE after the CPCP has been formally amended, through the processes defined in accordance with Section 3.36(d) of the EP&A Act.

Therefore, it is proposed to retain the E3 zoning of the land in this location in the final Planning Proposal. Should Council resolve to endorse the Planning Proposal and send to DPE for finalisation, Council will request DPE defer this portion of land from the making of the LEP. It is not recommended to explicitly ‘refuse’ the rezoning of this portion of land at the current time, to enable the current Planning Proposal process to continue for this part of the land under the provision of Section 3.36(d) as outlined above. This approach enables the Planning Proposal to be essentially ‘on hold’ for this portion of land until DPE determines whether to support the proposed amendment to the CPCP or not.

Amendments to Development Control Plan

The publicly exhibited draft DCP has been amended in response to various matters raised and addressed post-exhibition. The summary below presents the key changes made to the draft DCP:

· Updates to the Lot Development, Grading and Earthworks section to include additional controls to guide residential development;

· Amendment to side setbacks for first floor component of dwellings for specific dwelling types and lot widths to provide clearer controls;

· Addition of a vision statement and objectives for the Neighbourhood Centre precinct;

· Update images to reflect post-exhibition amendments to the masterplan;

· To reflect changes to The Northern Road interface, both north and south of the sports field (District Park 3);

· Amendments to various section including Corridors, Water Management, Trees, Landscape Character, Open Space to ensure consistent terminology and action agency comments from DPE-Environment & Heritage Group where appropriate and reference updated technical studies;

· Amendments in response to other State agency submissions including from Rural Fire Service and Endeavour Energy; and

· Removal of road profiles and related transport chapters of DCP.

In regard to the removal of road profiles and other related transport controls, it is intended to prepare an amendment to the DCP for Council’s consideration in the first quarter of 2023 to revise and re-insert these controls. Given the DPE timeframes for finalisation of the Planning Proposal, this section of the DCP has not yet been finalised, and therefore have been removed. Council officers will continue to work with the proponent in developing the road profiles. Should Council resolve to endorse the draft amendments, the draft DCP will be placed on public exhibition for community consultation and reported back to Council post-exhibition for a decision.

This approach will not create any risk for Council, as it is proposed to insert a clause into the LEP requiring that a contributions plan or alternative mechanism for the delivery of local infrastructure be in place before Council can grant consent to development within the urban release area. Clause 6.3 of Penrith LEP 2010 also requires for urban release areas, that a DCP be in effect that addresses an overall movement transport hierarchy, prior to granting consent to development.

Whilst it is noted that road widths have been adopted for the purposes of informing the draft s7.11 Plan and the calculation of development contributions, following the finalisation of the road profiles, the s7.11 Plan will need to be amended to reflect the final adopted widths.

Due to the timeframes for finalisation of the Planning Proposal, some diagrams and images within the DCP will be required to be updated, pending finalisation of technical documents such as the Public Domain and Open Space Strategy which are required as a result of the changes made to the Planning Proposal. These images are identified within the draft DCP provided as a separate enclosure to this report. It is requested that these diagrams be inserted into the final adopted DCP once updated, under delegation of the General Manager. The diagrams and images do not change the policy position of any of the DCP controls.

Attachment 4 presents all changes made to the draft DCP post-exhibition.

The final amended draft DCP is provided as a separate enclosure to this report.

Section 7.11 Development Contributions Plan

A draft s7.11 Plan for Glenmore Park Stage 3 was placed on exhibition to support the Planning Proposal. A s7.11 Plan is needed to ensure that the local infrastructure required to support the development outcomes sought by the planning proposal will be delivered. Local infrastructure included in the s7.11 plan includes local roads, water cycle management works and open space (such as local parks and active open space)

Status and finalisation of S7.11 Plan

Council officers have been working with the proponents to review, update and finalise the s7.11 Plan, based on submission matters and planning proposal changes. It is proposed that Council endorse the draft s7.11 plan as exhibited (provided as a separate enclosure to this report) and recommend that the changes in the table below, be incorporated into the s7.11 plan before to submission to IPART.

Matter	Proposed Amendment
Land Valuation	Update/amend based on a review of land values and consideration of just terms compensation allowance.
Staging	Expected delivery timeframes to be included/adjusted
Cost rates	Review, and where necessary update cost rates of infrastructure, such as any cost discrepancies, miscalculations, or omitted items.
Contingency	Update/amend based on a review and consistency with IPART benchmarks.
Open space	Respond to the final PDOSS and essential works list.
Roads	Review of works on TfNSW roads/intersections.
Water cycle management	Update/amend based on updates to technical studies.
Dwelling/ Population projections	Update/amend if required to ensure currency.
Specifications	Inclusion of works specifications in the works schedule.
Typographical/references	Correct all errors and ensure references are correct.
Technical	Ensure all calculations within the works schedule and references to indexation are correct.

IPART Process

To comply with Ministerial Directions, Council is unable to authorise the s7.11 plan to be made until:

· The s7.11 Plan is reviewed by IPART; and

· the Minister, after considering the review, directs Council to make the Plan.

IPART will assess the s7.11 Plan for:

· compliance with the essential works list;

· establishment of nexus;

· reasonableness of costs; and

· apportionment between existing and future infrastructure users.

IPART will prepare a draft report on their findings, which is placed on public consultation. Following this, a final report will be prepared and sent to the Minister. The Minister will consider the report and direct Council to make the s7.11 Plan, with or without amendments.

For housekeeping purposes, it is proposed to request DPE include the Glenmore Park Stage 3 Urban Release Area under Schedule 2 of the Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012. This will recognise the precinct as an Urban Release Area for development contributions purposes and formally apply a $30,000 development contributions cap to the precinct.

Next Steps for Infrastructure delivery

Due to the critical nature of having an infrastructure delivery mechanism in place and reduce risk to Council, it is proposed that development consent should not be granted until such time that an appropriate infrastructure delivery mechanism is in place. This may be a s7.11 Plan or a Voluntary Planning Agreement (VPA) where suitable. This matter is discussed further in the report below.

VPA Offer

Two letters of offer to enter into a VPA from the major landowners Mirvac and Vianello were included in the Planning Proposal exhibition. Subsequent to the exhibition, these offers have been amended and re-submitted. The offers seek to deliver infrastructure identified in the draft s7.11 plan on the subject sites, as well as affordable housing contributions. In addition, Mirvac has sought to provide a community facility within its land holdings.

In addition to the affordable housing offer as referred to above, at the Ordinary Meeting of 25 July 2022, Council endorsed an Affordable Rental Housing Contribution Scheme Planning Proposal (ARH Planning Proposal) to be forwarded to DPE with a request to issue a Gateway Determination. The Stage 1 Planning Proposal seeks to amend Penrith LEP 2010 to include a clause to enable affordable rental housing development contributions for the delivery of affordable rental housing in the two release areas of Orchard Hills North and Glenmore Park Stage 3.

A Gateway Determination was issued by DPE on 22 October 2022 enabling the Planning Proposal to proceed to public exhibition. Currently, Council seeks the provision of 3% affordable housing for all its release areas under its Penrith Sustainability Blueprint for Urban Release Areas. The only mechanism currently available to ensure the delivery of affordable housing is by negotiating this through a VPA, which can be challenging when release areas have fragmented land ownership.

The ARH Planning Proposal seeks to remedy this by inserting a clause in the LEP to be able to include a condition of consent on future development applications to collect contributions (monetary or housing stock). The clause will capture contributions from private landowners, not part of a larger developer consortium as it the case with GP3. The clause will also provide certainty on Council’s expectations for affordable housing in new release areas. Given that the Planning Proposal is expected to be in place prior to any development consent being issued in the urban release areas, the inclusion of affordable housing within the VPA offer is considered as a back up option, that will be superseded by the new ARH clause once gazetted.

The offers to enter into a VPA are considered a positive step to securing enabling infrastructure, providing certainty and limiting potential financial risk to Council ahead of a future IPART review.

A high-level review of these offers has been undertaken by Council officers. The primary matters that have arisen are in respect to the staging of infrastructure delivery, ensuring that connections to primary road networks occur early, open space specifications and designs are resolved, that clear parameters are established for the ownership, maintenance periods and public access for open space, and a commitment to work further with the proponent on the size and location of a community facility and to work through leasing arrangements.

Council officers will continue to work with the proponents on the offers. Councillors will be further briefed on the matter when the offers progress to the drafting of VPA’s.

State VPA

Gateway Determination condition 7 states that Council is to request the proponent to initiate discussions with DPE regarding State infrastructure needs generated by the proposal. State infrastructure needs are likely to include land for the school site and further upgrades to external roads and intersections.

The masterplan identifies a school site north of the sports fields and opposite the B2 Local Centre. Land required for the school site will likely be delivered through a State VPA at no cost to the government. DPE will investigate this in further detail in consultation with the relevant parties.

The revised Comprehensive Transport and Traffic Impact Assessment has identified the need for external upgrades on roads external to the release area. TfNSW has requested modelling of Glenmore Parkway and the M4 to be prepared prior to finalisation. The mechanism to secure funding for State road upgrades generated by the proposal will be negotiated further by DPE.

Mitigation of financial risk to Council

To further minimise any potential financial risk to Council resulting from the outcomes of the IPART review of the s7.11 Plan, it is proposed to insert a new clause into Part 6 of Penrith LEP 2010 (Urban Release Areas) relating to the provision of local infrastructure. The clause will require that development consent cannot be granted to land within an Urban Release Area unless the relevant Contributions Plan is in effect or an alternative mechanism is provided for the delivery of local infrastructure. This approach is similar to the current clause 6.2 of the LEP, where development consent cannot be granted on land within an urban release area unless Council is satisfied that arrangements have been made for the provision of State public infrastructure. Clauses of this nature also applies to land within the Aerotropolis and Mamre Precinct, for local infrastructure purposes. Such a clause would also be consistent with provisions for land within the Sydney Region Growth Centres, where land has been rezoned prior to a s7.11 Plan being in force.

The intent of this clause is to ensure that there is limited risk exposure to Council in enabling the making of the Plan and provides flexibility that either a Contributions Plan needs to be in effect to be granted development consent or other arrangements such as a VPA being in place (with the Contributions Plan being the basis for VPA negotiations). This ensures that development is not granted consent unless there is provision for local infrastructure to support development.

Financial Implications

Financial implications to Council could potentially result from the IPART review of the s7.11 Plan. The IPART may recommend to the Minister that certain items are non-essential and should be removed from the plan or not recommend the approval of the plan above the $30,000 cap. To mitigate this implication, the proponent has offered to enter into a VPA to secure enabling infrastructure and limit potential financial risk to Council ahead of a future IPART review.

To further ensure no financial risk to Council resulting from the outcomes of the IPART review of the Contributions Plan, it is proposed to insert a new clause into Part 6 of Penrith LEP 2010 (Urban Release Areas) relating to the provision of local infrastructure. The clause will require that development consent cannot be granted to land within an Urban Release Area unless the relevant Contributions Plan is in effect or an alternative mechanism is provided for the delivery of local infrastructure. A clause of this nature also applies to land within the Aerotropolis and Mamre Road Precinct, for local infrastructure purposes.

The intent of this clause is to ensure that there is limited risk exposure to Council in enabling the making of the Plan and provides flexibility that either a Contributions Plan needs to be in effect to be granted development consent or other arrangements such as a VPA being in place. Any VPA would be negotiated using the draft Contributions Plan as a base. This also provides certainty for the proponent to secure additional properties to enable the development and delivery of infrastructure in a coordinated manner.

Risk Implications

DPE has included updated milestone dates within an altered Gateway Determination requiring Council to progress and complete the Planning Proposal process by 23 December 2022. DPE provided advice that further timeframe extensions are unlikely to be granted unless there are extenuating circumstances and encouraged Council to finalise the plan-making process as soon as possible. If these timeframes were not achieved, the Minister for Planning has the ability to ‘call in’ the Planning Proposal to be refused or made. Council’s open dialogue and regular discussions with DPE has likely contributed positively to the project, and the Minister has not yet called in the Planning Proposal.

Next steps

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

· All supporting technical studies supporting the Planning Proposal are to be updated and contemporised to reflect the final revised Planning Proposal endorsed by Council;

· Council will submit the Planning Proposal to the Department of Planning and Environment for finalisation and gazettal, with a request to make the Plan;

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

· The draft DCP will take effect on or after the date when the LEP amendment takes effect;

· Council will forward the draft Section 7.11 Contributions Plan to IPART with a request for IPART to conduct a formal review of the document. This review process may take up to 18 months to complete;

· Council and Mirvac/Vianello will prepare, publicly notify and execute a local VPA in relation to the subject site; and

· Mirvac and the State Government will prepare, publicly notify and execute a State VPA in relation to the subject site.

Conclusion

This report has presented the outcomes of a public exhibition of the Glenmore Park Stage 3 Planning Proposal, draft DCP, draft 7.11 Plan and draft local VPA Offer.

The Planning Proposal and supporting information was placed on public exhibition from 19 August to 16 September 2022. A total of 17 public submissions were received. Submissions were also received from most of the State agencies consulted.

The publicly exhibited Planning Proposal, draft DCP, draft 7.11 Plan and draft local VPA Offer have been amended in response to various matters raised and addressed post-exhibition.

This report recommends that Council endorses the amended Planning Proposal, draft 7.11 Plan (with amendments) and amended draft DCP, and that Council and Mirvac/Vianello are to continue to work towards finalisation of two VPA Offers which are to be reported to a future Council meeting for consideration.

RECOMMENDATION

That:

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

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

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

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

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

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

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

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

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

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

ATTACHMENTS/APPENDICES

1. ⇩	Responses to public submissions - Glenmore Park Stage 3	21 Pages	Attachments Included
2. ⇩	Responses to agency submissions - Glenmore Park Stage 3	8 Pages	Attachments Included
3. ⇩	Post exhibition changes to the Planning Proposal - Glenmore Park Stage 3	3 Pages	Attachments Included
4. ⇩	Post exhibition changes to the DCP - Glenmore Park Stage 3	7 Pages	Attachments Included

Ordinary Meeting 12 December 2022

Voluntary Planning Agreement for 57 Henry Street, Penrith

Compiled by: Kathryn Sprang, Senior Planner

Natalie Stanowski, Principal Planner

Authorised by: Natasha Williams, City Planning Manager

Kylie Powell, Director - City Futures

Outcome	We plan and shape our growing City
Strategy	Undertake strategic planning that will ensure balanced growth and liveability
Principal Activity	Ensure services, facilities and infrastructure meet the needs of a growing population through the contributions framework

Previous Items: Voluntary Planning Agreement for 57 Henry Street Penrith- Heritage Advisory Committee- 02 Nov 2022

Voluntary Planning Agreement for 57 Henry Street, Penrith- Ordinary Meeting- 26 Sep 2022

57 Henry Street, Penrith Planning Proposal and VPA offer- Ordinary Meeting- 25 Oct 2021

57 Henry Street, Penrith Planning Proposal and VPA offer- Ordinary Meeting- 22 Mar 2021

Planning Proposal 57 Henry Street, Penrith and VPA offer- Councillor Briefing- 15 Mar 2021

Planning Proposal to amend Penrith Local Environmental Plan 2010 - 57 Henry Street, Penrith- Policy Review Committee- 14 May 2018

57 Henry Street, Penrith Planning Proposal and VPA- Heritage Advisory Committee- 13 Apr 2021

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

Proponent: Trio Property Group on behalf of By The Park Pty Ltd

Land Owner: By The Park Pty Ltd

Executive Summary

The purpose of this report is to advise Council of matters raised by the Heritage Advisory Committee at its meeting on 2 November 2022 in relation to the draft Voluntary Planning Agreement (VPA) for 57 Henry Street. The Heritage Advisory Committee raised a number of concerns in relation to the draft VPA and requested that these be reported to Council for consideration.

The draft VPA proposes to deliver road widening and infrastructure upgrade works associated with the gazetted Planning Proposal for the subject site.

The Planning Proposal was gazetted on 22 December 2021 with a ‘sunrise’ clause. The effect of this clause was to delay the commencement of the LEP amendments to provide time for Council and the proponent to negotiate a VPA for the delivery of road widening and upgrade works to the intersection of Henry & Evan Streets, Penrith. These works support the change in Planning Controls for the subject site.

The Planning Proposal amendments will commence on 31 December 2022. It is critical and recommended that the VPA is finalised and executed to ensure the required infrastructure is delivered for the community and this is done ahead of the planning provisions coming into force.

Council at its Ordinary Meeting of 26 September 2022 resolved to endorse the draft VPA for notification. At this meeting Council also resolved if any submissions were received during the notification period and/or if the Heritage Advisory Committee raised significant comments for consideration that a further report be prepared for Council consideration.

A balanced approach to this matter is needed to ensure a safe and functioning intersection, to provide a suitable footpath width while minimising the impact on the heritage item. The matters raised by the Heritage Advisory Committee therefore can be appropriately managed or are matters that are supportable on balance.

No other objections or submissions were received during public notification. It is recommended that the VPA is finalised and executed prior to the Local Environmental Plan amendment coming into force on the 31 December 2022.

Background

Council at its Ordinary Meeting of 25 October 2021 endorsed a Planning Proposal for 57 Henry Street, Penrith for finalisation. The Planning Proposal sought to amend planning controls within the Penrith LEP 2010 to allow residential flat buildings and shop top housing as an Additional Permitted Use on the subject site. The Planning Proposal also sought to:

· Introduce a minimum floor space ratio control of 0.75:1 for non-residential uses to support Penrith’s commercial core;

· Nominate the land as a Key Site under Clause 8.7; and

· Amend Clause 8.7 (Community infrastructure on certain key sites) to allow a floor space ratio of 6.5:1 on the site, on the basis that community infrastructure is provided.

The Planning Proposal was subsequently gazetted on 22 December 2021 with a ‘sunrise clause’. The purpose of the sunrise clause was to delay the commencement of the LEP amendments in order to provide time for Council and the proponent to continue negotiating a VPA. The Planning Proposal amendment will commence on 31 December 2022. It is critical that the VPA is finalised prior to this date, to secure suitable supporting infrastructure.

The landowner offered to enter into a VPA with Council to facilitate the delivery of road and infrastructure improvements at the intersection of Henry Street and Evan Street, Penrith. These improvements include the construction of a slip lane, relocation of services, construction of a new footpath, general intersection works and land dedication to Council. These works are necessary to support the change in LEP planning controls for the subject site.

Part of the site contains local Heritage item (No.177) identified under Penrith LEP 2010, the Penrith Infants Department (1884 building). A Conservation Management Plan (CMP) has been lodged by the proponent, to address the management of the heritage item and to support the proposed VPA.

Council at its Ordinary Meeting of 26 September 2022 resolved to endorse the draft VPA for notification.

Current situation

The draft VPA and associated documents were placed on public notification, in accordance with the Environmental Planning and Assessment Regulation 2000 and Penrith Developer Infrastructure Agreements Policy.

The notification period commenced on Thursday 6 October 2022 and concluded on Thursday 3 November 2022. Newspaper Advertisements were placed in the Western Weekender, as well being placed on the public notices section of Council’s Website. The draft VPA and Explanatory Statement were available for view on Council’s “Have your say page” and the Department of Planning and Environment’s Planning Portal.

No submissions from the public were received during the notification period.

Engagement with the Heritage Advisory Committee

The Heritage Advisory Committee was briefed on the Planning Proposal and VPA at the meetings of 21 August 2019, 13 April 2021 and most recently 2 November 2022.

On 2 November 2022, the Heritage Advisory Committee expressed concern in relation to the draft VPA and resolved that a further report to Council on the draft VPA be prepared. Concerns raised by the Heritage Advisory Committee on 2 November 2022 included:

· The proposed road infrastructure proximity to the heritage building and scope for alternative locations with consideration of other adjoining lands?

· Scale and location of future built forms on the site.

· Reduced adaptive reuse potential.

· Visual proximity of the road and footpath.

· Potential crime and vandalism impacts.

· Potential vehicle crash impacts.

The matters raised by the heritage committee are addressed in detail below:

Location of the Proposed Infrastructure and alternative locations

The Planning Proposal will result in additional traffic at an already busy intersection. To reduce traffic impacts resulting from the proposal, intersection upgrades are required. Several considerations have been made in relation to the upgrade of the intersection and the proposed works on the subject site, including the alignment with secured intersection works at 39 Henry Street and physical constraints (heritage item, bridge over railway line and classified road to the rear of the site)

A compromised solution is proposed, to balance the need for a safe and functioning intersection while retaining the heritage item. The length of the slip lane has been reduced to 45 metres from a preferred length of 50 metres, as a full-length lane would necessitate the demolition of the heritage building. The proposed slip lane results in a reduced setback to one corner of the heritage building, 200mm from the footpath and 3.8m from the kerb.

The proposed design reduces traffic impacts, retains the heritage building, is safe and functioning and meets Transport for NSW requirements. The proposed works are supported, in order to deliver an improved traffic outcome while still retaining the heritage building.

The proposed VPA would seek to secure one corner of the intersection upgrades required for the Henry/Evan Street intersection. The proposed design aligns with intersection works already secured through a VPA for 39 Henry Street, Penrith. Intersection improvements on the remaining two corners are likely to be necessary, depending on future development proposals.

Due to intersection design and physical constraints, the proposed intersection upgrade works cannot be accommodated by another site in the vicinity.

Scale and Location of Future Built forms

The Planning Proposal will come into force on 31 December 2022. The scale and location of any future buildings are not a matter of consideration as part of this VPA. Future building design and scale will be considered in the assessment of any future Development Application for the site.

Adaptive Re-use of the Heritage Building

The Conservation Management Plan (CMP) lodged with the VPA indicates that there are flexible opportunities to adaptively reuse the heritage building. It is likely that the building will be adaptively re-used when the site is redeveloped. Penrith LEP 2010 provides conservation incentives to increase the likelihood of adaptive reuse of the heritage building. The suitability of any proposed adaptive reuse of the heritage building will be considered in the future through a Development Application.

Visual Proximity of the Road and Footpath

The heritage building is located at the front of the existing site, facing onto Henry Street. Given the existing site arrangement and building presentation, the visual proximity of the proposed infrastructure is not considered to be of detrimental consequence to the heritage building.

Views and vistas from the heritage building will be considered in the assessment of any future Development Application for the site.

Potential Crime and Vandalism Impacts

It is contemporary heritage practice that if a heritage building is used and occupied, the potential for crime and vandalism decreases and the building is likely to be better maintained.

Safety and security measures for the heritage building will be considered in the assessment of any future Development Application for the site.

Vehicle Crash Impacts

The location of the proposed slip lane and associated infrastructure is considered appropriate to ensure a safe and functioning intersection to support the Planning Proposal while still also retaining the heritage building.

Road safety and heritage protection measures will be considered in the assessment of any future Development Application for the site.

Next Steps

Should Council resolve to endorse the draft VPA for execution, Council Officers will seek to finalise and execute the VPA by the 31 December 2022 deadline.

If Council does not resolve to endorse the draft VPA, Council Officers will inform DPE and request that the LEP amendment does not commence without the supporting infrastructure secured. However, there is a risk that DPE may not support a delay to the commencement of the LEP amendment. The LEP amendment could commence without a VPA in place and the intersection works not secured.

Financial Implications

The proposed VPA offer encompasses the delivery of road improvements by the proponent to support a future development application.

The landowner will be responsible for the cost of the works associated with the VPA. The landowner agrees to pay the Council’s costs in relation to the preparation, notification and administration of the VPA.

If the proponent can only deliver the interim road works there are mechanisms within the draft VPA that secure a monetary contribution for the ultimate roadworks, the estimated cost of delivering the remaining roadworks would be determined by a quantity surveyor and agreed by Council.

The Letter of Offer and planning agreement does not have the effect of excluding the application of Section 7.11, 7.12 or 7.24 of the Environmental Planning and Assessment Act 1979 in relation to any development application associated with the planning proposal.

Risk Implications

There is a potential risk that if a VPA is not executed by 31 December 2022 and the LEP amendment takes effect, there would be no mechanism to ensure that the road upgrades are delivered. To mitigate this risk Council Officers are endeavouring to finalise and execute the VPA, prior to 31 December 2022.

If Council does not resolve to endorse the draft VPA or it is determined that the VPA will not be executed before the ‘sunrise’ date, Council Officers will inform DPE and request that the LEP amendment does not commence without the supporting infrastructure secured.

Any other risks to Council have been limited through the negotiation of the Letter of Offer and the draft VPA in accordance with Council’s Penrith Development Infrastructure Agreements Policy and a review of the draft VPA by Council’s Legal Services team.

Conclusion

The proponent of the Planning Proposal relating to 57 Henry Street, Penrith has submitted a Draft VPA in support of the Planning Proposal that was gazetted on 22 December 2021 with a ‘sunrise’ clause. The Draft VPA was referred to the Heritage Advisory Committee who raised matters that they determined warranted further consideration and a subsequent report to Council. The matters raised by the Heritage Advisory Committee have been addressed and on balance Council officers consider the draft VPA acceptable and seek Council resolution to proceed to finalise and execute the VPA.

RECOMMENDATION

That:

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

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

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

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

ATTACHMENTS/APPENDICES

1. ⇩

Draft Voluntary Planning Agreement - 57 Henry Street, Penrith

45 Pages

Attachments Included

Ordinary Meeting 12 December 2022

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

Compiled by: Wendy Read, Road Safety Officer

Joshua Hull, Traffic Engineering Coordinator

Authorised by: Adam Wilkinson, Engineering Services Manager

Andrew Jackson, Director - Development and Regulatory Services

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

Previous Items:

Local Traffic Committee 1 June 2022: Review of the 2012 PATHS and development of the draft PATHS Implementation Plan 2022 - 2032

Access Committee 6 June 2022: Review of the 2012 PATHS and development of the draft PATHS Implementation Plan 2022 - 2032

Councillor Briefing 19 September 2022: Review of the 2012 PATHS and development of the draft PATHS Implementation Plan 2022 - 2032

Ordinary Meeting 26 September 2022: Seek to exhibit draft PATHS Implementation Plan 2022 - 2032

Executive Summary

The purpose of this report is to seek Council’s endorsement of the final Penrith Accessible Trails Hierarchy Study (PATHS) Implementation Plan 2022 - 2032 for the City.

This report outlines the engagement activities conducted by Council between 1 and 31 October 2022, summarises the outcomes of the public exhibition, and outlines the changes made to the PATHS Implementation Plan in response to the feedback received.

Feedback received through written submissions and ‘Your Say’ surveys uploaded on Council’s website was overwhelmingly positive. All comments and suggestions have been considered in the final PATHS Implementation Plan.

Based on the feedback received by the community, we have identified minor gaps in the existing shared pathway network. In response, some additional projects have now been added to Table 6.3 ‘Other Network Connections’, to include small missing segments routes, upgrade from asphalt to concrete pathway, and provision of bike racks. These projects are to be delivered under existing and future budgets as resources permit. The proposed changes are considered minimal and enhance the document by including community feedback.

Further information about the outcomes of the public exhibition can be found in Attachment 1: Submission Response Table.

Further information about the proposed changes to the plan are included in Attachment 2: Proposed Changes to the Penrith Accessible Trails Hierarchy Study (PATHS) Implementation Plan 2022 – 2032.

A copy of the final Penrith Accessible Trails Hierarchy Study (PATHS) Implementation Plan 2022 - 2032 is found in the separate enclosure to this report.

It is recommended that Council endorse the final PATHS Implementation Plan 2022 – 2032.

Background

Since 2012, Council in partnership with the NSW Government has achieved substantial funding of almost $18.5M for the design and construction of shared user path infrastructure. In partnership with the NSW Government, we have been able to design and construct approximately 30km of shared use path across the City.

The objective of the updated Penrith Accessible Trails Hierarchy Study (PATHS) Implementation Plan 2022 – 2032 is to provide Council with priority projects (routes) to be nominated for future funding either through grant funding opportunities or via operational budgets.

The PATHS Implementation Plan includes a list of prioritised regional and local routes based on the study’s methodology. This included a review of all available relevant walking and cycling studies which had their maps recreated in GIS mapping software. The Green Grid and Principle Bike Route maps were overlaid onto the PATHS map to compare key routes across each study and identify key connections.

Current Situation

Public exhibition of the draft PATHS Implementation Plan ran between 1 and 31 October 2022. The following sections outline the public exhibition activities undertaken, feedback received, key issues raised in the feedback and proposed changes to the final PATHS Implementation Plan as a result of community feedback.

Public exhibition activities

The draft PATHS Implementation Plan was advertised through several communication channels including a media release, Mayoral Column and Council’s social media channels.

Council published 12 social media posts about the PATHS Implementation Plan on Facebook and Instagram. The social media posts had a reach of 11,560 views, generating 56 reactions, 11,922 impressions and 74 engagements.

The draft PATHS Implementation Plan had a dedicated webpage on Council’s Your Say platform that provided opportunities to download the draft PATHS and offered community members an option to complete a survey or lodge a submission.

Feedback Received

Feedback received through formal submissions and surveys completed on Council’s website was overwhelmingly positive. There were no objections received.

Council received 19 submissions comprised of 6 formal written submissions and 13 survey responses lodged via Council’s Your Say website.

The survey and written responses provided similar feedback. The submissions were generally supportive of the updated PATHS, with submitters providing valuable feedback about their user experiences accessing pathways during trips relating to commuting, recreation, accessing services and education within the network.

Feedback was summarised into the following key themes:

· Improved accessibility – was the highest commented aspect. The submissions requested that current pathways be improved, and new pathways delivered with accessibility for all users of all abilities be at the centre of the design.

· Separated facilities – ranked highly in the submissions and included requests for separate wider pedestrian paths and separated bike lanes to be delivered to improve user safety, accessibility, and comfort.

· Site specific requests or route adjustments – suggestions were received by community members to adjust the rank of proposed routes, or adjustments to the route alignment.

· Landscaping and greening – were raised and requested to be included in future active transport routes to protect fauna/flora and contribute towards Cooling the City outcomes.

· Implementation and funding – requests for increased funding allocation to deliver the proposed routes more quickly.

· Footpaths – a couple of requests sought the provision of wider footpaths to better accommodate pedestrian volumes around key services and destinations.

Further details can be found in Attachment 1: Submission Response Table.

Proposed changes to the PATHS Implementation Plan

Based upon the feedback obtained during the public exhibition process the draft PATHS Implementation Plan 2022 -2032 proposes minor amendments as shown in Attachment 2.

The final Penrith Accessible Trails Hierarchy Study (PATHS) Implementation Plan 2022 – 2032 as shown in the separate enclosure to this report, reflects the changes presented in Attachment 2.

Financial Implications

Should Council endorse the Penrith Accessible Trails Hierarchy Study (PATHS) Implementation Plan 2022 – 2032, there will be no immediate financial impacts. That said, the PATHS does establish key routes and infrastructure that will be delivered over time as funding becomes available.

The PATHS Implementation Plan identifies priority projects that may be included in future Operational Plans as funding is nominated to the project. Existing budgets are intended to fund feasibility and option analysis, concept design, consultation, detailed design and obtaining necessary project-specific approvals.

Once identified projects are designed, it may be necessary to seek further funding through Council or other funding opportunities, such as NSW Government grants to progress into construction phase. If funding is obtained, the Delivery Program and Operational Plan will be updated accordingly, putting Council in a stronger position to monitor and resource PATHS projects over the future years.

Once constructed, maintenance of the new paths will need to be incorporated into Council’s operational budget. The current allowance for this item is $380.11 per kilometre per annum.

Risk Implications

The endorsement of the Penrith Accessible Trails Hierarchy Study (PATHS) Implementation Plan 2022 – 2032 has no risk implications for Council. PATHS seeks to reduce risk by providing Council with priority projects (routes) to be nominated for future funding either through grant funding opportunities or via operational budgets.

The endorsed PATHS also provides active transport project opportunities that may be delivered by others through future major developments or major infrastructure projects.

Conclusion

The delivery of accessible, safe and comfortable active transport infrastructure to support walking and bike riding will benefit everyone in the community, contribute towards reducing congestion, noise and pollution while improving health outcomes and providing more equitable access to employment, businesses, services and public transport.

The draft PATHS was placed on exhibition, and feedback has now been incorporated into the final document which is now submitted to Council for adoption.

RECOMMENDATION

That:

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

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

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

ATTACHMENTS/APPENDICES

1. ⇩	PATHS Public exhibition submission and response table.	16 Pages	Attachments Included
2. ⇩	Proposed changes to the PATHS	2 Pages	Attachments Included

Ordinary Meeting 12 December 2022

RFT22/23-017 Building Maintenance and Minor Construction Works

Compiled by: Wasique Mohyuddin, Delivery Program Manager

Joshua Martin-Lewis, Asset Coordinator - Buildings and Services

Authorised by: John Gordon, City Presentation Manager

Tracy Chalk, Acting Design and Projects Manager

Brian Steffen, Director - City Services

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

Executive Summary

A tender for the “Panel of Approved Contractors” for Building Maintenance and Minor Construction Works was advertised on 27 September 2022 on Apet360 and e-tendering websites and closed on Wednesday 26 October 2022.

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

Background

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

Over the last 3 financial years there have been an average of 368 reactive maintenance work orders issued for building maintenance annually at an average total cost of $300,213.14.

Based on the success of the previous and current panel agreements, a new tender for Building Maintenance and Minor Construction Works was advertised with an expanded scope including minor construction projects in addition to building maintenance.

Tenderers were required to submit their tender through the Apet360 Portal, which clearly identified the required response against each of the evaluation criteria. Tenderers were also required to complete a price schedule, setting out the unit rates for general building trades and scheduled maintenance work.

It was specified in the tender documents that Council would select one primary contractor to complete all reactive building maintenance works up to a value of $25,000 and complete the annual timber floor coating preservation scheduled maintenance program, with the remaining conforming tenderers to form a panel of approved contractors having the ability to quote on maintenance and minor project works ranging from $25,000 to $250,000.

The panel will also form a select tender group for construction works for the value range of $250,000 to $1,000,000 which will be utilised to deliver Building Asset Renewal and Capital Works Projects.

Council however reserves the right to seek quotations and award work based on quotations from the members of the Panel, for any work. Council will seek quotations from all members of the Panel for works with an estimated value of over $25,000.

Tender Evaluation Panel

The Tender Evaluation Committee consisted of Joshua Martin - Asset Coordinator, Allan Berry - Operations Coordinator – Cross City, John Krkach - Building Maintenance Supervisor, Wasique Mohyuddin - Delivery Program Manager and was chaired by John Gordon - City Presentation Manager. Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer.

Tender Evaluation Criteria

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

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

• Company Profile and Demonstrated ability

• Conformance, Acceptance and Declaration

• Response Time

• Financial capability

• Local Business Preference

• Employment Policies

• Quality Assurance Systems

• Environmental Management Systems

• Work Health and Safety

Evaluation Process

The process for the evaluation of tenders was as follows:

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

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

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

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

- Independent Financial Risk Analysis

- Independent Referee Checks

Summary of Tenders Received

A total of 16 submissions were received in response to the advertised tender. All tenders as listed in alphabetical order were included in the initial evaluation:

Company	Company Location	Directors
2020 Projects Pty Ltd	L14, 275 Alfred Street North Sydney NSW 2060	John Touma
Acron Building Services	18/20 Tucks Road Seven Hills NSW 2147	Joseph Bracks
BD Commercial Building Services	65 Coronato Parade Colebee NSW 2761	Bruno Anthony D'Aprile
Bethel Design & Construction Pty Ltd	19 Joseph Wild Road, Carnes Hill NSW 2171	Riyadh Dinkha
Buildpark Homes Pty Ltd	Level 3, 565 High Street Penrith NSW 2750	Michael John Green
CDC Building Pty Ltd	15 Knox street ST MARYS NSW 2760	NOT PROVIDED
Chips Property Trade Services	Unit 1, 442 Victoria St Wetherill Park NSW 2164	Paul Giordano, James Axiak, Paul Koller
Coverit Building Group PTY LTD	Unit 18 37/47 Borec Road Penrith NSW 2750	Shane Comans
Dalski Pty Ltd	743-745 The Horsley Dr, Smithfield NSW 2164	Maciej Szkudlarek, Greg Drazkiewicz
Maincom Group	A/24-26 Cassola Pl, Penrith NSW 2750	Warren Bale Mansour Youssef
ProGroup Management Pty Ltd	Suite 103, 32 Delhi Road Macquarie Park NSW 2113	Kenneth John McCracken, Andrew Wise, Bradley Ross
RELD Group Pty Ltd	32 Myall Street Concord West NSW 2138	Reuben Lagos Elie Esber
RMA Contracting Pty Ltd	12/6-20 Braidwood Street Strathfield South NSW 2136	George Jabbour, Andrew Mayes, Ross Mitchell
Rogers Construction Group Pty Ltd	3/74 Edward Street Riverstone NSW 2765	Mitchell Rogers
Sudiro Constructions Pty Ltd	Unit 37, 1 Talavera Road Macquarie Park NSW 2113	Anthony Sudiro Sergio Sudiro
Westbury Constructions Pty Ltd	Unit 601, 5 Celebration Drive Bella Vista NSW 2153	Darren Price Shakeel Karim

Evaluation of Tenders

All tenderers were assessed against the selection criteria however the panel recommended that it not engage tenderers who scored under 60% against the non-price selection criteria.

The following companies scored less than 60% and did not demonstrate that they could fulfill the requirements of the tender in one or more of the areas of demonstrated ability, response times, quality assurance and environmental systems, and were subsequently not considered for further assessment.

• 2020 Projects Pty Ltd

• BD Commercial Building Services

• Bethel Design & Construction Pty Ltd

• Buildpark Homes Pty Ltd

• CDC Building Pty Ltd

• RELD Group Pty Ltd

• Dalski Pty Ltd

RMA Contracting Pty Ltd scored above the 60% threshold, but their tender submission did not demonstrate they have building maintenance or construction experience similar to that which Council requires as part of this contract, and therefore where not short-listed for further assessment.

Short-Listed Tenderers

The following 8 companies met the minimum requirements of the evaluation criteria and were further assessed based on their price schedules:

• Acron Building Services Pty Limited

• Chips Property Trade Services

• Coverit Building Group PTY LTD

• Maincom Group

• Progroup Management PTY LIMITED

• Rogers Construction Group PTY LTD

• Sudiro Constructions Pty Ltd

• Westbury Constructions Pty Ltd

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

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

Company Name	Calculated Reactive Maintenance Expenditure	Calculated Scheduled Maintenance Expenditure
Coverit Building Group PTY LTD	$337,692.79	$18,855.18
Chips Property Trade Services	$374,909.06	$50,841.49
Rogers Construction Group PTY LTD	$393,357.75	$46,278.31
Progroup Management PTY LIMITED	$401,600.29	$34,747.94
Acron Building Services Pty Limited	$405,186.43	$23,476.47
Westbury Constructions Pty Ltd	$427,350.29	$37,074.71
Sudiro Constructions Pty Ltd	$438,792.75	NA (** see notes below)
Maincom Group	$479,866.80	$63,327.81

** Sudiro Constructions Pty Ltd did not provide a scheduled maintenance price for the timber floor maintenance. As only the number 1 tenderer will complete the scheduled maintenance works throughout the duration of the contract it was determined that this price was not required and would not change the outcome of the assessment.

Evaluation of Preferred Tenderers

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

The tender from Coverit Building Group Pty Ltd was evaluated as being the most cost advantageous and the highest scoring tender with conformance to the tender document. They are a Penrith based business and provided response times that exceeded the minimum requirement. They have performed in the role of primary contractor for the existing Building Trades Contract for the last 5 years with no issues noted.

Therefore, Coverit Building Group Pty Ltd are recommended to be the number one primary tenderer for this contract and receive all reactive maintenance work up to $25,000 and all scheduled maintenance work.

The other remaining shortlisted companies will form the panel of tenderers and have the ability to quote on the following works:

1. Reactive Maintenance works $25,000 - $250,000

2. Building Project Works up to $250,000 through RFQ process

3. Will form a select tender group for building project works $250,000 to $1,000,000

This will provide Council with a group of 8 approved building contractors that can be utilised for building maintenance and construction works.

Financial Implications

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

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

Tender Advisory Group (TAG) Comment

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

Risk Implications

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

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

Conclusion

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

Primary Building Maintenance Tenderer - all reactive building maintenance up to $25,000 and all scheduled maintenance):

• Coverit Building Group PTY LTD

Panel of Building Maintenance & Minor Construction Works Tenderers - Reactive Maintenance works $25,000 - $250,000, Building Project Works up to $250,000 through RFQ process, select tender group for building project works $250,000 to $1,000,000:

• Acron Building Services Pty Ltd

• Coverit Building Group Pty Ltd

• Chips Property Trade Services

• Maincom Group

• Progroup Management Pty Ltd

• Rogers Construction Group PTY LTD

• Sudiro Constructions Pty Ltd

• Westbury Constructions Pty Ltd

RECOMMENDATION

That:

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

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

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

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

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 12 December 2022

Natural Disaster Essential Public Asset Restoration & Local Government Recovery Grants

Compiled by: Caroline Orde, Business Development Lead - City Assets

Nik Proufas, City Assets Manager

Patrick Robles, Finance Business Partner

Authorised by: Brian Steffen, Director - City Services

Outcome	We have open and collaborative leadership
Strategy	Plan for and manage City resources for current and future generations
Principal Activity	Manage Council’s assets to minimise risk, reflect lifecycle costs and meet community needs

Executive Summary

Penrith City Council’s infrastructure experienced extensive damage as a result of the storm and flood events over the past 2 years. Council was declared an eligible Council under the Notice of Natural Disaster Declaration by the State Government for the Australian Government reference number (AGRN) 906 (Feb 2021 floods), AGRN 1012 (Feb 2022 floods) and AGRN 1025 (July 2022 floods). This eligibility allows Council access to a range of grants and claims for disaster recovery funding amounting to almost $16 million.

Background

In 2018, Council entered a Disaster Recovery Funding Arrangement (DRFA) with the State Government. This agreement aids councils to alleviate the financial burden of eligible disaster events. Council can receive funding to cover the cost of restoring essential public infrastructure, which includes roads, transport and recreational open space, to its pre-flood event condition. Council pays a threshold of $967,380 for each flood event where the claim exceeds $4M.

Current Situation

Council has received $204,277 in funding through the Community Local Infrastructure Recovery Program (CLIRP) funding from the February 2021 floods for the projects listed in the table below:

Name	AGRN	Flood	Project Description	Amount
CLIRP	960	Feb-21	Woodlands Drive, Drainage works	$181,891
CLIRP	960	Feb-21	Tench Reserve Solar light replacement	$15,446
CLIRP	960	Feb-21	Devlin Road, Debris removal	$6,940
			TOTAL	$204,277

Council has also received $2 million in funding through the Local Government Recovery Grant (LGRG) to assist councils impacted by the February and June 2022 flooding. Council has allocated these funds to a range of social and economic recovery projects and for infrastructure and clean up not eligible under the DRFA.

The projects that Council have nominated for the LGRG funds are:

Name	AGRN	Flood	Project Description	Amount
LGRG	1012	Mar-22	Community Resilience Officer	$272,473
LGRG	1012	Mar-22	Village Café (Londonderry and Llandilo)	$147,527
LGRG	1012	Mar-22	End to end evaluation on council’s emergency preparedness	$150,000
LGRG	1012	Mar-22	Community Recovery Project activity costs	$60,000
LGRG	1012	Mar-22	BMX Track, St Marys	$94,204
LGRG	1012	Mar-22	Safety gates installation	$40,000
LGRG	1012	Mar-22	Woodriff Street, Penrith Stormwater chamber	$40,000
LGRG	1012	Mar-22	Drainage audit of various areas of the LGA to ensure	$52,898
LGRG	1012	Mar-22	Flood modelling for CBD	$142,898
LGRG	1025	Jun-22	Rural roadside drainage program, including survey and design and delivery of projects.	$732,890
LGRG	1025	Jun-22	Penrith CBD and St Marys CBD and surroundings replacement of pit lintels and old/damaged nonstandard pits.	$120,000
LGRG	1025	Jun-22	BMX track, redo the works from Feb 2022	$33,550
LGRG	1025	Jun-22	Fund Village Café for 12 months	$13,560
LGRG	1025	Jun-22	Study on Recovery needs for caravan park residents	$60,000
LGRG	1025	Jun-22	Eighth Avenue, Llandilo flood gates	$40,000
			TOTAL	$2,000,000

Council is preparing information to make a claim to Transport for NSW (TfNSW) and Public Works Authority (PWA) for reimbursements of costs associated for emergency and immediate reconstruction works, under the DRFA. TfNSW is responsible for managing claims for infrastructure within the road reserve, PWA is responsible for managing claims for infrastructure within the Council reserves and along the river.

Council is required to provide a substantial amount of evidence to prove that damage was incurred as a result of storm or flood events. It is expected this claim will be approximately $2.5 million. These works include:

- make safe activities - repairing potholes

- road patching works - sandbagging

- residential waste removal - debris clearing

- street sweeping - pressure cleaning

- staff hours involved in responding to and coordinating flood related activities.

Council is also in the process of assessing major reconstruction works to restore our roads, drainage, open space and river landslips to pre-flood condition. This is a separate claim to the emergency and immediate works. As these projects require detailed construction designs, the total amount of this claim is still unknown due to difficulty in assessing locations with continued rain, high river levels and industry shortages in availability of geotechnical expertise. This claim is made on a project basis, and it is expected this claim will be in excess of $15 million.

Council will also be making a claim under DRFA for major project damages caused by additional storm and flood events over the past 2 years. The projects affected are Regatta Park, City Park and Harrold Corr and the total costs of damage repairs are more than $3M, detailed in the table below:

Name	AGRN	Flood	Project Description	Amount
DRFA	1012	Mar-22	Regatta Park	$2,972,067
DRFA	1012	Mar-22	City Park	$17,800
DRFA	1012	Mar-22	Harrold Corr	$591,000
			TOTAL	$3,580,867

Under DRFA, infrastructure like roads can only be built back to current standards and potentially without any future resilience improvements. The Australian and NSW Governments are delivering a new approach to disaster affected assets and have provided funding as part of the $200 million Infrastructure Betterment Fund (IBF). This is a competitive grant to be utilised for capital projects to make assets more resilient and able to better withstand future natural disasters. Council will be submitting applications worth over $2 million for consideration and assessment.

The projects that Council have nominated for the Betterment Fund are:

Name	AGRN	Flood	Project Description	Amount
Betterment Fund	1012	Feb-22	Woodlands Drive drainage upgrade	$304,000
Betterment Fund	1012	Feb-22	Drainage relining at 6 locations	$465,000
Betterment Fund	1012	Feb-22	Base stabilisation on the Driftway	$1,067,963
Betterment Fund	1012	Feb-22	Eighth Avenue Flood warning system	$230,000
			TOTAL	$2,066,963

Council will also be submitting a grant application for the Sport Infrastructure Recovery Fund’s $43 million Essential Community Sports Assets Program which will provide financial support to assess, repair, reconstruct and build flood resilience into sport facilities to enable normal activities to return sooner after impacts of NSW severe weather storms and flooding. Council is currently preparing grant applications totalling $956,000.

The project that Council has nominated for the Sport Infrastructure Recovery Fund is:

Name	AGRN	Flood	Project Description	Amount
Sport Infrastructure Recovery Fund	1012	Feb-22	The Kingsway – Raising the level/height of the amenity building and improvements to drainage	$956,000

Financial Implications

The grants and funding sources applied for are for reconstruction and repairs to existing infrastructure assets, and recovery activities. There will be no additional ongoing maintenance or operational costs as a result of receiving this funding.

Risk Implications

The risk to Council is that the costs to restore our flood damaged infrastructure will not be funded through the DRFA program, as each project is assessed by TfNSW or PWA for its eligibility. And there is a risk that the project delay costs incurred at Regatta Park, City Park and Harrold Corr due to storm and flood delays will not be recoverable through flood funding.

This report recommends that $2.1m for Regatta Park be initially funded by an allocation from the Financial Management Reserve which has a forecast available closing balance of $4.3m as at 30 June 2023, before considering this allocation along with a further potential allocation being considered in another report presented to Committee of the Whole tonight.

Conclusion

Council will manage its risk through preparing comprehensive and detailed applications through the DRFA process to recover the costs incurred by storm and floods events. Council has engaged a 3^rd party consulting company who have extensive experience with natural disaster claims who are assisting in providing advice and preparing the claims.

Council will continue to assess flood damage and will aim to maximise the available funds to restore its infrastructure.

RECOMMENDATION

That:

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

2. Council endorse the grant applications for:

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

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

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

d. DRFA – TFNSW EW/IRW for $2,500,000

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

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

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

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

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

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

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

ATTACHMENTS/APPENDICES

There are no attachments for this report.

-	Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are endorsed for exhibition
*	Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are adopted
#	Meetings at which the Operational Plan quarterly reviews (March and September) are presented
@	Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for December and June) are presented
^	Election of Mayor and/or Deputy Mayor
ü	Meeting at which the 2022-23 Annual Statements are presented
∞	Meeting at which any comments on the 2022-23 Annual Statements are adopted
+	Meeting at which the Annual Report is presented
>	Briefing to consider Budget, draft fees & charges and corporate document

No.	Project Description	Estimated Project Cost $	Grant Funding Offer $	Council’s Contribution Required ($)
a.	Upper Byrnes Creek Catchment Overland Flow Flood Study	249,000	166,000	83,000
b.	Blackwall Creek Catchment Flood Study	335,000	223,332	111,668
c.	Chapman Gardens Basin Augmentation, Kingswood – detailed investigation and detailed Design	320,000	213,333	106,667
d.	Byrnes Creek Catchment Flood Mitigation Work -Detention Basin and Drainage- Investigation and Detailed Design	285,000	190,001	94,999
	TOTAL	1,189,000	792,666	396,334

Drawing No.	Issue	Date	Description
21-843-C630	B	01-07-2021	Road Longitudinal Sections Sheet 1
21-843-C631	B	01-07-2021	Road Longitudinal Sections Sheet 2
21-843-C632	B	01-07-2021	Road Longitudinal Sections Sheet 3
21-843-C633	B	01-07-2021	Road Longitudinal Sections Sheet 4
21-843-C633	B	01-07-2021	Road Longitudinal Sections Sheet 5

Lot/DP	Land Area (m²)	Classification
Lot 3 Section C DP2121	1,005.40	Community
Lot 18 DP456312	80.00	Community
Lot 12 DP806162	78.70	Operational
Lot 14 DP806162	313.90	Operational
Total Land Area	1,478.00

Outcome	We protect and enhance an ecologically sustainable environment
Strategy	Strengthen sustainability and climate resilience
Principal Activity	Manage the risk to and impact on life and property from the existing and potential future use of the floodplain

1. ⇩	Annual Report 2021-2022	10 Pages	Attachments Included
2. ⇩	Strategic Plan 2020-2023	10 Pages	Attachments Included
3. ⇩	Candidate Information Pack	4 Pages	Attachments Included

1. ⇩	Draft Deed of Variation to Glenmore Park Voluntary Planning Agreement	7 Pages	Appendix
2. ⇩	Vianello Biodiversity Corridor Planting Plan	2 Pages	Appendix

1. ⇩	Location Plan	1 Page	Appendix
2. ⇩	Plan of Consolidation	1 Page	Appendix

1. ⇩	Community Engagement Policy	2 Pages	Attachments Included
2. ⇩	PCC-Community Engagement Strategy and Community Participation Plan 2022-26	32 Pages	Attachments Included

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