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 26 FEBRUARY 2024 AT 7:00PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

WEBCASTING STATEMENT

His Worship the Mayor, Councillor Todd Carney read a statement advising that Council Meetings are recorded and webcast.

STATEMENT OF RECOGNITION

His Worship the Mayor, Councillor Todd Carney 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

His Worship the Mayor, Councillor Todd Carney, Deputy Mayor, Councillor Mark Davies and Councillors Kevin Crameri OAM, Ross Fowler OAM, Glenn Gardiner, Mark Rusev, Marlene Shipley and John Thain.

PRESENT – ATTENDED REMOTELY

Councillors Robin Cook, Karen McKeown OAM and Jonathan Pullen.

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Tricia Hitchen for the period 12 February 2024 to 1 March 2024 inclusive.

25 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that Leave of Absence be granted to Councillor Sue Day for the period 23 February 2024 to 6 March 2024 inclusive.

APOLOGIES

26 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Rusev that the apology received from Councillor Bernard Bratusa be accepted.

CONFIRMATION OF MINUTES - Ordinary Meeting - 12 February 2024

27 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marlene Shipley that the minutes of the Ordinary Meeting of 12 February 2024 be confirmed.

DECLARATIONS OF INTEREST

Councillor Karen McKeown OAM declared a Pecuniary Conflict of Interest – Significant in Item 1 - Acceptance of Grant Funding Offer - NSW Floodplain Management Program 2023/24, Item 7 - NSW Government Community Improvement District Pilot Program Application and Item 8 - Submission on the NSW Government Explanation of Intended Effect: Changes to create low-and mid-rise housing and Transport Orientated Development Program, as she is a current Member of Parliament for Penrith. Councillor Karen McKeown OAM stated that she would leave the meeting during the consideration of these items and would not take part in voting or discussion on the issues.

Mayoral Minutes

1 Staff awarded Louise Petchell Learning for Sustainability Scholarship

Councillor Mark Davies spoke in support of the Mayoral Minute.

28 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Mark Davies that the Mayoral Minute on Staff awarded Louise Petchell Learning for Sustainability Scholarship be received.

2 Recognition of Penrith Community Kitchen Volunteers

Councillor Ross Fowler OAM spoke in support of the Mayoral Minute.

29 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Mark Davies that the Mayoral Minute on Recognition of Penrith Community Kitchen Volunteers be received.

Reports of Committees

1 Report and Recommendations of the Local Traffic Committee Meeting held on 5 February 2024

30 RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor Karen McKeown OA that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 February, 2024 be adopted.

2 Report and Recommendations of the Policy Review Committee Meeting held on 12 February 2024

31 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Glenn Gardiner that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 12 February, 2024 be adopted.

DELIVERY PROGRAM REPORTS

Having previously declared an interest, Councillor Karen McKeown OAM left the meeting, the time being 7:12pm.

Outcome 1 - We protect and enhance an ecologically sustainable environment

1 Acceptance of Grant Funding Offer - NSW Floodplain Management Program 2023/24

32 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Glenn Gardiner

That:

1. The information contained in the report on Acceptance of Grant Funding Offer - NSW Floodplain Management Program 2023/24 be received.

2. Council acknowledge and confirm the acceptance of grant funding offers from the NSW Government for the following projects:

a. Claremont Creek Catchment Overland Flow Flood Study - $193,333; and

b. Jamison Road and Stafford Street Retarding Basins, Kingswood - investigation and detailed design – $238,000.

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

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

7 NSW Government Community Improvement District Pilot Program Application

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

That:

1. The information contained in the report on NSW Government Community Improvement District Pilot Program Application be received.

2. Council approves the application for $400,000 grant funding from Transport for NSW Community Improvement Districts Pilot Program.

Councillor Karen McKeown OAM returned to the meeting, the time being 7:14pm.

2 Request for Major Event Sponsorship - Elite Energy Pty Ltd

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

That:

1. The information contained in the report on Request for Major Event Sponsorship - Elite Energy Pty Ltd be received.

2. Council provide sponsorship of $22,500 (plus GST) in support of the 2024 Redline Games Western Sydney consisting of $20,000 (plus. GST) to Elite Energy Pty Ltd and $2,500 (plus GST) to Sports Marketing Australia Pty Ltd.

3 Draft Penrith Multicultural Action Plan 2024-2027 - For Endorsement

35 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marlene Shipley

That:

1. The information contained in the report on Draft Penrith Multicultural Action Plan 2024-2027 - For Endorsement be received.

2. The Multicultural Action Plan 2024 – 2027 be endorsed.

4 Event Sponsorship Outcomes - July to December 2023

36 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev that the information contained in the report on Event Sponsorship Outcomes - July to December 2023 be received.

5 Request for Major Event Sponsorship - Australian Pole Sports Federation

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

That:

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

2. Council provide sponsorship of $5,000 (exc. GST) to the Australia Pole Sports Federation in support of the 2024 Australian Pole and Aerial Championships.

6 Request for Community Event Sponsorship - Fibre Frolic

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

That:

1. The information contained in the report on Request for Community Event Sponsorship - Fibre Frolic be received.

2. Council endorse sponsorship of $853.00 (exc. GST) to Ms Sharon Holstein (t/a Fibre Frolic) in support of the 2024 Fibre Frolic Festival.

Having previously declared an interest, Councillor Karen McKeown OAM left the meeting, the time being 7:16pm.

Outcome 3 - We plan and shape our growing City

8 Submission on the NSW Government Explanation of Intended Effect: Changes to create low-and mid-rise housing and Transport Orientated Development Program

A MOTION was MOVED by Councillor John Thain seconded Councillor Robin Cook

That:

1. The information contained in the report on Submission on the NSW Government Explanation of Intended Effect: Changes to create low-and mid-rise housing and Transport Orientated Development Program be received.

2. Council endorse the Submission on the NSW Government Explanation of Intended Effect: Changes to create low-and mid-rise housing and Transport Orientated Development Program provided at Attachment 1 to this report and submit it to DPHI for their consideration.

3. Council endorse the submission on the Transport Orientated Development Program provided at Attachment 2 to this report and submit it to DPHI for their consideration.

4. The Mayor writes to the Premier and the Minister for Planning and Public Spaces to communicate Council’s position on the proposed housing reforms as outlined in this report.

39 An AMENDMENT was MOVED by Councillor Mark Davies seconded Councillor Ross Fowler OAM

That:

3. Council endorse the submission on the Transport Orientated Development Program provided at Attachment 2 to this report and submit it to DPHI for their consideration.

4. Council request that Penrith City Council be exempt from the NSW Government Explanation of Intended Effect and the Transport Orientated Development Program. Noting Council’s own Local Housing Strategy identifying a capacity to accommodate a minimum of 23,000 – 32,000 new dwellings under existing planning controls.

5. The Mayor writes to the Premier and the Minister for Planning and Public Spaces to communicate Council’s request to be exempt from the proposed new planning controls and Council’s response to the reforms as outlined in the report. A copy of the letter to be distributed to each Councillor.

6. Amendments to the submission to be made as follows:

· The paragraph beginning with “Having regard to the matters raised in the submission the proposed reforms are not supported”…and concluding with “access to recreational opportunities and improved accessibility” to be moved to paragraph 2, following the first paragraph which ends with “Mid-Rise housing reforms”.

· On page 3 the paragraph commencing with “Council Supports….” be amended to “Council will review its LSPS and planning framework once…”

Councillor Kevin Crameri OAM left the meeting, the time being 7:53pm.

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

Councillor Kevin Crameri OAM returned to the meeting, the time being 7:56pm.

Councillor Karen McKeown OAM returned to the meeting, the time being 7:56pm.

Outcome 4 - We manage and improve our built environment

9 RFT23/24-016 Dunheved Road Project Manager and Superintendent Representative Services

40 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor John Thain

That:

1. The information contained in the report RFT23/24-016 Dunheved Road Project Manager and Superintendent Representative Services be received.

2. Orion Consulting Engineers Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the RFT23/24-016 Dunheved Road Project Manager and Superintendent Representative Services for an amount of $2,023,000.00 excluding GST.

3. That variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.

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

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

10 Ron Mulock Oval, Thornton - Off-Leash Dog Park

41 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the information contained in the report regarding Ron Mulock Oval, Thornton - Off-Leash Dog Park be received.

Outcome 5 - We have open and collaborative leadership

14 Audit, Risk & Improvement Committee

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

15 Summary of Investments & Banking for the period 1 January 2024 to 31 January 2024

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

That:

1. The information contained in the report on Summary of Investments & Banking for the period 1 January 2024 to 31 January 2024 be received.

2. The Council’s Cash Book and Bank Statements have been reconciled as at 31 January 2024.

11 Organisational Performance and Financial Review - December 2023

44 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Glenn Gardiner

That:

1. The information contained in the report on Organisational Performance and Financial Review - December 2023 be received.

2. The budgeted transfer to Council’s Financial Management Reserve be reduced to manage the December quarter deficit of $342,730 as reflected in the Organisational Report – December 2023.

12 2024 Australian Local Government Association (ALGA) - National General Assembly (NGA)

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

That:

1. The information contained in the report on 2024 Australian Local Government Association (ALGA) - National General Assembly (NGA) be received.

2. Council put forward the suggested motions by staff set out in the report to the National General Assembly, noting the addition of the words:

“The National General Assembly calls on the Australian Government to provide” at the start of the motion”

3. Council nominate His Worship the Mayor, Councillor Todd Carney as its voting delegate for the 2024 National General Assembly of Local Government.

4. Council nominate any Councillors who wish to attend as observers at the 2024 National General Assembly of Local Government.

5. Leave of absence be granted to all Councillors attending the 2024 National General Assembly of Local Government to be held in Canberra from 2-4 July 2024.

6. Council staff develop and submit a further motion concerning the equitable provision of funding for infrastructure out of metropolitan growth areas.

Committee of the Whole

46 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marlene Shipley that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:07pm.

1 Presence of the Public

CW1 RESOLVED on the motion of Councillor Ross Fowler OAM seconded Councillor Marlene Shipley that the press and public be excluded from Committee of the Whole to deal with the following matters:

Outcome 5

2 Council Property - New Licence - Rear Meeting Room, Old Council Chambers, 129-131 Henry 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 Business Systems Transformation

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

4 Penrith Performing & Visual Arts (PP&VA) - Organisational Review and Restructure Plan

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

5 TfNSW Mamre Road Upgrades Stage 1 Part 2 - Proposed Property Acquisition of Freehold and Leasehold Interest in Council Land

The meeting resumed at 8:16pm and the General Manager reported that the Committee of the Whole met at 8:07pm on Monday, 26 February 2024, the following being present

His Worship the Mayor, Councillor Todd Carney, Deputy Mayor, Councillor Mark Davies and Councillors Robin Cook, Kevin Crameri OAM, 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.

CONFIDENTIAL BUSINESS

2 Council Property - New Licence - Rear Meeting Room, Old Council Chambers, 129-131 Henry St, Penrith

47 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marlene Shipley

CW2 That:

1. The information contained in the report on Council Property - New Licence - Rear Meeting Room, Old Council Chambers, 129-131 Henry St, Penrith be received.

2. Council approve the proposed new licence agreement under 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.

3 Business Systems Transformation

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

CW3 That:

1. The information contained in the report on Business Systems Transformation be received.

2. The recommendations in the body of the report are adopted.

4 Penrith Performing & Visual Arts (PP&VA) - Organisational Review and Restructure Plan

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

CW4 That:

1. The information contained in the report on Penrith Performing & Visual Arts (PP&VA) - Organisational Review and Restructure Plan be received.

2. The Council adopt the recommendations in the body of this report.

5 TfNSW Mamre Road Upgrades Stage 1 Part 2 - Proposed Property Acquisition of Freehold and Leasehold Interest in Council Land

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

CW5 That:

1. The information contained in the report on TfNSW Mamre Road Upgrades Stage 1 Part 2 - Proposed Property Acquisition of Freehold and Leasehold Interest in Council Land be received.

2. Council provides concurrence to the Compulsory Acquisition of the land as detailed within this report under the Land Acquisition (Just Terms Compensation) Act 1991.

3. Council accept the offer of compensation as outlined in this report.

4. The proceeds from the acquisition be retained in the Property Development Reserve to fund future property projects.

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

ADOPTION OF Committee of the Whole

51 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Rusev that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5 be adopted.

Note: Councillor Kevin Crameri OAM voted against Committee of the Whole - Item 4 - Penrith Performing & Visual Arts (PP&VA) - Organisational Review and Restructure Plan.

Outcome 5 - We have open and collaborative leadership

13 EOI 22/23-0002 - Core Business Systems Transformation

52 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marlene Shipley

That:

1. The information contained in the report on EOI 22/23-0002 - Core Business Systems Transformation be received.

2. The EOI’s from:

a. Civica Pty Ltd

b. TechnologyOne Limited

c. Mastek Systems Pty Ltd

d. CountERPart Solutions Pty Ltd

e. Brightly Software Australia Limited

for Financials, Procurement, Corporate Performance & Reporting, Property & Rating and Asset Management solutions be accepted for inclusion on the shortlist of respondents for the select tender process for the Core Business Systems Transformation project.

3. The solutions for Human Resources and Payroll proceed to an open tender to run concurrently with the above selective tender.

There being no further business the Chairperson declared the meeting closed the time being 8:20pm.

Ordinary Meeting 25 March 2024

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 4 March, 2024

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

PRESENT

Councillor Tricia Hitchen (Representative for the Member of Penrith), Councillor Robin Cook (Representative for the Member of Londonderry), Mark Rusev (Representative for the Member of Badgerys Creek), 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, Hamish Dodson – Acting Senior Traffic Engineer, Lalaine Malaluan – Senior Transport Engineer, Dennis Anthonysamy – Senior Transport Engineer, Adeeb Ali – Trainee Engineer, Suzan Mehmet – Road Safety Officer, Chloe Lamers – Acting Engineering Services Secretary, Kylie Thornley – Traffic Administration Officer, Georgie Dunn - Business Administration Trainee (Engineering), Ben Cantor – Busways and Councillor Kevin Crameri OAM.

APOLOGIES

Councillor Karen McKeown OAM (Council Representative) and Phil Saverimuttu – Senior Traffic Engineer.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 5 February 2024

That the minutes of the Local Traffic Committee Meeting of 5 February 2024 were confirmed.

LEAVE OF ABSENCE

Raymond Tran – Transport for NSW (TfNSW).

DECLARATIONS OF INTEREST

Nil.

DELIVERY PROGRAM REPORTS

Outcome 4 - We manage and improve our built environment

1 First Street and West Street, Kingswood – Proposed ‘No Stopping’ Signs and Double Barrier Line Marking

RECOMMENDED

That:

1. The information contained in the report on First Street and West Street, Kingswood – Proposed ‘No Stopping’ Signs and Double Barrier Line Marking be received.

2. Consultation be undertaken with affected properties regarding the proposed ‘No Stopping’ signs and double barrier line marking at the corner of First Street and West Street, Kingswood.

3. Subject to no substantial objections being received, the proposed ‘No Stopping’ signs and double barrier line marking at the corner of First Street and West Street, Kingswood, be installed as shown in Appendix 1.

4. Council’s Asset Management section be advised of Council’s resolution for updating of Council’s assets register.

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

2 Burton Street, Werrington - Endorsement of Design Plans AB195

Ben Cantor – Busways queried the proposed lane widths at the pedestrian refuge north of Heavey Street, Werrington as Burton Street is a bus route. Joshua Hull – Traffic Engineering Coordinator confirmed that the lane widths will be maintained to the existing through traffic lanes.

RECOMMENDED

That:

1. The information contained in the report on Burton Street, Werrington - Endorsement of Design Plans AB195 be received.

2. Design Plans AB195 dated January 2024 be endorsed for construction, as shown in Attachment 1, with funding provided from Council’s Traffic and Transport Facilities Program 2023/24.

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

4. Council’s Asset Management section be advised of Council’s resolution for updating of Council’s assets register.

3 Intersection of Evan Street and Stafford Street, Penrith - Endorsement of Design Plans AE88 including Upgrade to the Existing Roundabout and Installation of Speed Humps

RECOMMENDED

That:

1. The information contained in the report on Intersection of Evan Street and Stafford Street, Penrith - Endorsement of Design Plans AE88 including Upgrade to the Existing Roundabout and Installation of Speed Humps be received.

2. Consultation be undertaken with affected properties regarding the proposed upgrades at the intersection of Evan Street and Stafford Street, Penrith, as shown in Design Plans AE88 in Appendix 1.

3. Subject to no substantial objections, Design Plans AE88 be endorsed for construction with funding provided from the Australian Government Black Spot Program 2023/2024.

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.

4 Troy Street, Emu Plains - Consultation Feedback on Proposed Improvements to Raised Children's Crossing

RECOMMENDED

That:

1. The information contained in the report on Troy Street, Emu Plains - Consultation Feedback on Proposed Improvements to Raised Children's Crossing be received.

2. The proposed signage and line marking improvements presented to the Local Traffic Committee at its meeting on 9 October 2023 and endorsed by Council at its Ordinary Meeting on 23 October 2023, as shown in Appendix 1, be endorsed for installation.

3. The resident who made submissions be advised of Council’s resolution.

5 Erskine Business Park – Proposed 'No Parking – Motor Vehicles Under 4.5t GVM Excepted' Signage

RECOMMENDED

That:

1. The information contained in the report on Erskine Business Park – Proposed 'No Parking – Motor Vehicles Under 4.5t GVM Excepted' Signage be received.

2. Consultation be undertaken with affected businesses and properties regarding the proposed signage within Erskine Business Park as shown in Attachment 1.

3. Subject to no substantial objections being received, the proposed ‘No Parking – Motor Vehicles Under 4.5t GVM Excepted’ signage be installed within Erskine Business Park as shown in Attachment 1.

4. Council’s Asset Management section be advised of Council’s resolution for updating of Council’s assets register.

5. Council’s Ranger Services advised of Council’s resolution.

6 Third Avenue, Llandilo - Endorsement of Design Plans AT98 for Median Island Stop Treatments (MIST) along a Black Spot Length

Councillor Kevin Crameri OAM raised concerns with the intersection of Third and Eighth, Llandilo. Clr Crameri OAM would like to request a roundabout at the intersection of Third Avenue and Eighth Avenue, Llandilo. Adam Wilkinson – Engineering Services Manager (Chair) advised that the report and subject proposal is for another section of Third Avenue and an investigation has been previously completed at the intersection of Third Avenue and Eighth Avenue which concluded the current treatment arrangement is operating satisfactorily.

Sergeant Stephen Page - Nepean Police Area Command (PAC) queried if there were any restrictions to sight lines due to trees and shrubs at the intersections being upgraded. Kablan Mowad – Senior Traffic Engineer advised that the works do not reduce any existing sight lines but Council will arrange for vegetation maintenance to be undertaken as part of the upgrade works.

RECOMMENDED

That:

1. The information contained in the report on Third Avenue, Llandilo - Endorsement of Design Plans AT98 for Median Island Stop Treatments (MIST) along a Black Spot Length be received.

2. Consultation be undertaken with affected properties regarding the proposed upgrades at the intersections of Third Avenue and Fifth Avenue, Third Avenue and Sixth Avenue and Third Avenue and Seventh Avenue, Llandilo, as shown in Design Plans AT98 (Attachment 1).

3. Subject to no substantial objections, Design Plans AT98 be endorsed for construction, with funding provided from the Australian Government Black Spot Program 2023/24.

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.

7 "Head of the River" - Saturday, 16 March 2024 - Sydney International Regatta Centre

Ben Cantor – Busways suggested for future events to let the Mulgoa Road Upgrade Team know so they can plan their road works around these events.

RECOMMENDED

That:

1) The information contained in the report on "Head of the River" - Saturday, 16 March 2024 - Sydney International Regatta Centre 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 traffic control arrangements on Old Castlereagh Road, Penrith, as per the Traffic Guidance Scheme shown in Attachment 2.

4) The Traffic Management Plan for the AAGPS Head of the River 2024 event at the Sydney International Regatta Centre (Attachment 1) be endorsed, subject to the following conditions:

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

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

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

d) The event applicant maintain a Certificate of Currency for Public Liability Insurance of minimum $20 million. 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 Transport for NSW and NSW Police prior to the event.

f) The event applicant arranges to place barricades and provide 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 SafeWork NSW certification.

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

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

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

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

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

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

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

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

7) Council’s Traffic section enter the road closures associated with the event into the Live Traffic NSW system.

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

There being no further business the Chairperson declared the meeting closed the time being 9:38am.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 March, 2024 be adopted.

Ordinary Meeting 25 March 2024

Draft Voluntary Planning Agreement for Luddenham Road Planning Proposal

Compiled by: Madison McGlynn, Planner

Natalie Stanowski, Principal Planner

Authorised by: Christine Gough, 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	Provide advice and maintain a contemporary planning framework of land use and statutory plans

Previous Items: 7- Luddenham Road Planning Proposal Update, VPA and DCP- Ordinary Meeting- 28 Nov 2022 7:00PM

9- Outcomes of the public exhibition of the Luddenham Road Planning Proposal and site specific Development Control Plan- Ordinary Meeting- 20 Nov 2023 7:00PM

3- Luddenham Road Planning Proposal Update, VPA and DCP- Councillor Briefing- 17 Oct 2022 7:00PM

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

Landowner: Atilol Holdings Pty Ltd (Sole Director: Michelle Nakhle)

Proponent: HB & B Property (Directors: Peter Hansen, Richard Hansen, David Beslich, Kurt Beckhaus, Benjamin Beslich)

Executive Summary

This report seeks Council’s endorsement to publicly notify a draft Voluntary Planning Agreement (VPA) for 221-325 Luddenham Road, Orchard Hills, associated with the Luddenham Road Planning Proposal.

The draft VPA seeks to facilitate the delivery of upgraded roads, new public roads and traffic management facilities for Luddenham Road and Patons Lane and the dedication of land for the future widening of Luddenham Road to support the future development of the site. A copy of the draft VPA is included in Attachment 1 to this report.

Council at its Ordinary Meeting of 20 November 2023 endorsed a planning proposal to amend Penrith Local Environmental Plan 2010 (LEP) to facilitate the development of the Alspec Industrial Business Park on the subject site. Council resolved to defer the LEP commencement date of up to 6 months, (20 May 2024), to ensure the VPA was resolved and executed. It is critical that the VPA is finalised prior to the LEP amendment taking effect, in order to secure suitable supporting infrastructure.

A review of the draft VPA has been undertaken in accordance with the Penrith Development Infrastructure Agreements Policy and reviewed by Council’s internal solicitors and found to be acceptable.

Should Council endorse the draft VPA for public exhibition, it will be exhibited in accordance with the Environmental Planning and Assessment Regulation 2021 and Penrith Developer Infrastructure Agreements Policy.

Background

Planning Proposal

At its Ordinary Meeting of 20 November 2023, Council endorsed a Planning Proposal for Luddenham Road, which sought the following changes to Penrith Local Environmental Plan 2010 (LEP 2010):

· rezone the site from RU2 Rural Landscape to part E4 General Industrial and part C2 Environmental Conservation.

· applying a Transport Investigation Area for a 40-metre wide corridor on the western side of Luddenham Road to allow for the future widening of Luddenham Road.

· amend the Additional Permitted Uses Map and Schedule 1 in the LEP to include a portion of the site.

· amend the Minimum Lot Size map to reduce the minimum lot size from 40 Hectares to 1000m2 to facilitate the development of the Alspec Industrial Business Park.

· amend the Height of Building Map to introduce a Height of Building Control of 24m on land to be zoned E4 General Industrial.

· introduce a minimum lot density provision to promote greater diversity in lot sizes for Industrial lands.

At the Ordinary Meeting of 28 November 2022, Council also resolved to publicly exhibit a Letter of Offer to enter into a VPA that supports infrastructure provision for future development on the site.

Background on draft VPA

An initial Letter of Offer to enter into a VPA was submitted on 25 March 2022 and reported to Council’s Local Infrastructure Contributions Working Group (LICWG) on 5 July 2022. The LICWG raised concerns regarding the status of Luddenham Road and the design of the future widening of Luddenham Road.

As a result, an amended Letter of Offer was submitted on Friday 4 November 2022. These matters were reported to Council on 28 November 2022 as part of the endorsement of the planning proposal. The LICWG subsequently reviewed the planning proposal and endorsed its progression to Council to seek approval to exhibit.

Draft VPA

The draft VPA includes provisions for:

· Dedication of land for the future widening of Luddenham Road (40m wide corridor).

· The upgrade of the intersection of Luddenham Road and Patons Lane.

· The upgrade of Patons Lane from Luddenham Road through to the new western estate entry roundabout that provides access into the development,

· The construction of an intersection on Luddenham Road and Patons Lane, to the satisfaction of Council and TfNSW,

· The construction of a roundabout on Patons Lane providing access into the development,

· Internal road access to lots not owned by HBB Property, and

· Construction of a secondary intersection to the south of the land at Luddenham Road to the satisfaction of Council and TfNSW.

Assessment of Draft VPA

Penrith Developer Infrastructure Agreements Policy provides guidance to Council, developers and the community on matters to consider when assessing and accepting a VPA. The draft VPA has also been reviewed by Council’s Legal Services Team and found to be acceptable. Consideration of risk elements of the draft VPA are discussed below.

Concerns raised by Metro

Metro previously raised concerns around the upgrade of Patons Lane and Luddenham Road. The concerns raised are responded to through the VPA and site specific DCP. The VPA will require the Luddenham Road and Patons Lane intersection is upgraded to a standard set by Council or Transport for NSW, this will be determined at the Development Application and State Significant Development Application stage with any application referred to the appropriate authority. There is potential for this to become a signalised intersection, however, this will depend on the detailed design at the development approval stage.

The Planning Proposal has a deferred commencement provision and will commence on 20 May 2024. Development Applications and State Significant Development Applications will not be able to be determined until the planning proposal has commenced.

Timing of infrastructure delivery

To ensure timely delivery of the infrastructure, the draft VPA contains trigger events that require land dedication and road construction to be completed upon issue of the Occupation Certificate for the development approved by the consent granted to the Stage 1 SSD application or before a sunset date.

Security

The draft VPA ensures that security is to be provided for each component of the works in an amount equivalent to 125% of the agreed value of the works. This ensures adequate security provisions that Council can call on if works are not delivered. The draft VPA also ensures that the agreement is registered on title.

Financial Implications

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

The Letter of Offer and draft planning agreement do not have the effect of excluding the application of Section 7.12 or Division 7.1, Subdivision 4 of the Environmental Planning and Assessment Act 1979 in relation to any development application associated with the planning proposal. This means that future development will be required to pay development contributions. In this instance, Council’s s7.12 Development Contributions Plan for non-residential development applies to the subject site.

Risk Implications

There is a potential risk that if a VPA is not executed prior to the LEP Amendment coming into effect, there would be no mechanism to ensure that the road upgrades are delivered. To mitigate this risk Council Officers are endeavouring to undertake public notification and execution of the VPA prior to the end of May 2024.

If Council does not resolve to endorse the VPA, or it receives submissions that may delay this process, Council Officers will inform DPHI, to ensure 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 draft VPA in accordance with Council’s Penrith Development Infrastructure Agreements Policy and review of the draft VPA by Council’s Legal Services team.

Risk associated with non-delivery and road works have been appropriately managed through suitable mechanisms in the draft VPA. This includes provisions around timing of infrastructure delivery and security.

Next Steps

Should Council endorse the draft VPA for public notification, it will be placed on public notification for 28 days in accordance with the Environmental Planning and Assessment Regulation 2000 and Penrith Developer Infrastructure Agreements Policy. Notification will include publishing the draft VPA on Council’s Your Say page and the DPHI Planning Portal, along with a newspaper advertisement in the Western Weekender.

Following the notification period, if any submissions are received in response, a further report will be prepared for Council. This report will provide details of submissions received and seek the endorsement of the execution of the draft VPA, where any issues raised have been addressed. Where no submissions are received, the draft VPA will be executed.

Conclusion

Council has received a draft VPA associated with the Luddenham Planning Proposal for 221-325 Luddenham Road, Orchard Hills. The draft VPA seeks to facilitate the delivery of road upgrades to Luddenham Road and Patons Lane and dedication of land for the future widening of Luddenham Road. A copy of the draft VPA is included in Attachment 1 to this report.

It is recommended that Council endorse the draft VPA to proceed to public exhibition.

RECOMMENDATION

That:

1. The information contained in the report on Draft Voluntary Planning Agreement for Luddenham Road Planning Proposal be received.

2. Council endorse the notification of the Draft Voluntary Planning Agreement for Luddenham Road which is provided as an attachment to this report.

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

4. Council endorses the draft VPA for 221-325 Luddenham Road, Orchard Hills for execution, where no submissions are received during the public notification period or no amendments are proposed.

5. If the draft VPA is to be executed, Council authorise the General Manager to finalise and sign the VPA and make any minor amendments where necessary (e.g. typographic errors, incorrect clause references, dates, and the like).

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

ATTACHMENTS/APPENDICES

1. ⇩

Draft Voluntary Planning Agreement for Luddenham Road Planning Proposal

45 Pages

Attachments Included

Ordinary Meeting 25 March 2024

Explanation of Intended Effect - Upgrade of Abbotts Road and Aldington Road, Kemps Creek

Compiled by: Brooke Levingston, Executive Planner

Natalie Stanowski, Principal Planner

Authorised by: Christine Gough, City Planning Manager

Kylie Powell, Director - City Futures

Outcome	We plan and shape our growing City
Strategy	Undertake strategic planning that will ensure balanced growth and liveability
Principal Activity	Influence state planning policies and legislation to ensure it responds to our land use vision and the needs of our community

Executive Summary

This report seeks Council’s endorsement of a submission to the exhibition of an Explanation of Intended Effect (EIE) for proposed amendments to State Environmental Planning Policy (Industry and Employment) 2021 (Industry and Employment SEPP). The proposed amendments seek to facilitate the upgrade of Abbotts Road and Aldington Road, Kemps Creek, located within the Mamre Road Precinct.

The Mamre Road Precinct Development Control Plan 2021 (DCP) requires the Abbotts Road and Aldington Road corridor to be upgraded from an existing rural road to a distributor industrial road that will connect future employment development to Mamre Road and Southern Link Road.

The Abbotts Road and Aldington Road corridor is also identified in the Mamre Road Precinct Development Contributions Plan 2022 (Mamre Rd CP). All infrastructure items identified in the Mamre Rd CP are the responsibility of Council to deliver, however, Council may also agree to landowners delivering this infrastructure through a planning agreement.

A memorandum was provided to Councillors on 23 February 2024 informing them of the exhibition and outlining the proposed amendments.

The EIE was exhibited by the NSW Department of Planning, Housing and Infrastructure (DHPI) from 22 February 2024 until 21 March 2024. A request was made to DPHI seeking an extension to the submission deadline to enable Council officers to achieve reporting timeframes for Councillors to consider the submissions. DPHI advised that an extension would be granted until 26 March 2024, but a draft submission was required by the submission close date. Accordingly, council officers prepared a draft submission which was submitted to DPHI on 21 March 2024. A copy of this submission is provided in Appendix 1. Should Council endorse the submission, it will be submitted to DPHI as a matter of urgency to ensure it is received by 26 March 2024.

Council staff have been working collaboratively with DPHI and adjoining landowners to facilitate the road upgrade. Several projects are contingent on the SEPP amendments, including:

· A voluntary planning agreement (VPA) with the Landowners Group East (LOG-E)

· A letter of offer from ESR to enter into a VPA.

· Accelerated Infrastructure Funding to upgrade sections of Abbotts Road and Aldington Road.

· Setting road levels, which Council has a statutory obligation to deliver, and is required prior to any VPA being executed.

The SEPP amendments are critical to the delivery of Aldington and Abbotts Road and are supported.

Background

The Mamre Road Precinct is zoned under the Industry and Employment SEPP and contains around 850 hectares of industrial land, with the capacity to accommodate 17,000 jobs. The Mamre Road Precinct is located within the Western Sydney Employment Area (WSEA), which was established to rezone land for employment purposes close to major road transport and to provide jobs for Western Sydney. WSEA provides much needed land for industry and employment uses, including transport, warehousing, logistics and office spaces.

The Mamre Road DCP identifies the need for development within the Mamre Road Precinct to be supported by investment in transport and road infrastructure. This includes upgrading the road network to meet the expected increase in traffic demand. Specifically, the Mamre Road DCP requires the Abbotts Road and Aldington Road corridor to be upgraded from an existing rural road to a distributor industrial road that will connect future employment development to Mamre Road and the Southern Link Road.

The Abbotts Road and Aldington Road corridor is also identified in the Mamre Road CP, which collects funds to provide for a range of infrastructure works and associated land acquisition. All infrastructure items identified in the Mamre Rd CP are the responsibility for Council to deliver, however Council may also agree to landowners delivering this infrastructure through a planning agreement.

The upgrade of the Abbotts Road and Aldington Road corridor is critical for the future operation and success of the Mamre Road Precinct, as well as the broader WSEA. To facilitate the road upgrade, the following amendments to the Industry and Employment SEPP are proposed:

· Rezone the existing Abbotts and Aldington Road corridor from IN1 General Industrial to SP2 Infrastructure (Local Road).

· Rezone approximately 5m of land on each side of Abbotts and Aldington Roads from IN1 General Industrial to SP2 Infrastructure (Local Road) to increase the overall width of the road reserve.

· Rezone part of 20 Aldington Road from IN1 General Industrial to SP2 Infrastructure (Classified Road) to allow for its intersection with Southern Link Road to the north.

· Identify Penrith City Council as the acquisition authority for Abbotts Road and Aldington Road (Local Roads). Transport for NSW (TfNSW) is the acquisition authority for Classified Roads.

The proposed amendments were exhibited from 22 February 2024 until 21 March 2024. A request was made to DPHI seeking an extension to the submission deadline to enable Council officers to achieve reporting timeframes for Councillor endorsement. DPHI advised that an extension would be granted until 26 March 2024, but an officer submission would be required by the submission close date.

Current Situation

Overall, the intent of the proposed amendments to facilitate the upgrade of the Abbotts Road and Aldington Road corridor is supported. However, some outstanding matters need to be resolved before the SEPP amendments are finalised and other matters arise from the amendments. These are summarised below:

· The amendment proposes to rezone part of 20 Aldington Road, Kemps Creek to SP2 Infrastructure to accommodate the new road alignment and to allow for its intersection with Southern Link Road. This land will also be designated as a ‘Classified Road’ to be acquired by Transport for NSW. This property is currently identified in the Mamre Road CP, which means it would be the responsibility of Council to deliver. If this property is to be identified as a Classified Road, DPHI must confirm that Transport for NSW is willing to accept responsibility for acquiring the land and delivering this section of road. Furthermore, an amendment to the Mamre Road CP will be required to reflect the change. This amendment will need to occur as soon as practical to ensure consistency across documents.

· Council officers have been working with LOG-E on a VPA for the widening of Abbotts Road and Aldington Road. LOG-E submitted updated road alignment plans to Council in January 2024. There are slight discrepancies between the EIE documentation and the updated road alignment plans. To prevent any potential discrepancies, we will seek that DPHI liaise with Council and LOG-E to confirm the final road design and ensure it is reflected in the final SP2 layer and acquisition plan.

The submission also articulates to DPHI the urgency of the SEPP amendments, with the following projects contingent on the SEPP amendments:

o Accelerated Infrastructure Funding (AIF) - At its Ordinary Meeting of 28 March 2022, Council accepted funding from DPHI to upgrade sections of Abbotts Road and Aldington Road that are not subject to the LOG-E VPA. This funding will help deliver critical road infrastructure to support future development in the Mamre Road Precinct. Council is required to be nominated as an acquisition authority to commence land acquisition for the road.

o Setting Road Levels - The rezoning of the Mamre Road Precinct in 2020 triggered the need for significant upgrades to both Abbotts Road and Aldington Road, including changes to the levels of the existing public roads in order to meet design parameters for the future industrial collector road. Completion of this work is contingent on the proposed SEPP amendments. This matter was considered by Council at its Ordinary Meeting on 12 December 2022.

Financial Implications

The Abbotts Road and Aldington Road corridor is identified in the Mamre Road CP, which enables Council to collect development contributions to fund the required land acquisition and road upgrade. Council has obtained grant funding through the AIF program for the widening and reconstruction of a section of Abbotts and Aldington Roads.

The amendments will enable Council to progress planning agreements currently under negotiation to secure the delivery of the road by landowners. The amendment will also enable Council to begin using AIF funding for land acquisition purposes.

Council officers are negotiating Voluntary Planning Agreements with a number of landowners to deliver significant components of Abbots and Aldington Road. As part of this work, Council officers are continuing to monitor the cost of works relative to the contributions plan and if required, may recommend changes to the Contributions Plan to minimise financial risk to Council.

Risk Implications

The SEPP amendments are necessary to facilitate the upgrade of the Abbotts Road and Aldington Road corridor. Delivery of the road is considered urgent as future development in the precinct, some of which has already been granted development approval and is under construction, is reliant on these works being completed. To minimise potential risks, Council officers have been working collaboratively with DPHI and adjoining landowners to facilitate the road upgrade in an orderly manner.

Where the amendment is not progressed in a timely manner, this will impact on the delivery of the road and the ability to support employment generating land uses in the precinct.

Next Steps

Should Council endorse the draft submission in Appendix 1, it will be submitted to DPHI as a matter of urgency to ensure it is received by 26 March 2024, as per DPHI’s advice.

Conclusion

DPHI recently exhibited an EIE regarding proposed amendments to the Industry and Employment SEPP. The proposed amendments seek to facilitate the upgrade of the Abbotts Road and Aldington Road corridor.

Given the timeframe of the exhibition, Council officers were unable to achieve reporting timeframes for Councillor feedback. Accordingly, Council officers prepared a draft submission to the EIE, submitted to DPHI on 21 March 2024.

The overall intent of the proposed amendments is supported. However, some outstanding matters need to be resolved before the SEPP amendments are finalised, as outlined in this report.

It is recommended that Council endorse the submission in Appendix 1, which will then be submitted to DPHI for their consideration.

RECOMMENDATION

That:

1. The information contained in the report on Explanation of Intended Effect - Upgrade of Abbotts Road and Aldington Road, Kemps Creek be received.

2. Council endorse the submission to the EIE provided in Appendix 1 to this report, and submit it to the DPHI for their consideration.

ATTACHMENTS/APPENDICES

1. ⇩

Submission - Proposed amendments to Industry and Employment SEPP

3 Pages

Appendix

Ordinary Meeting 25 March 2024

Draft Local Infrastructure Contribution Practice notes

Compiled by: Claudia Amendolia, Planner

Natalie Stanowski, Principal Planner

Authorised by: Christine Gough, 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	Provide advice and maintain a contemporary planning framework of land use and statutory plans

Executive Summary

This report seeks Council’s endorsement of a submission on amendments to the Local Infrastructure Contributions Practice Notes (practice notes). The practice notes are prepared by the Department of Planning, Housing and Infrastructure (DHPI) and are implemented through the Environmental Planning and Assessment Regulation 2021. Councils are required to consider practice notes while using and preparing contribution plans or planning agreements.

The proposed amendments seek to modernise the practice notes, making them easier to use and navigate. The updates include the provision of a consistent template for the practice notes, simplifying the language, expanding on best practice guidance, and providing worked examples. The practice notes do not include any legislative or policy changes.

A memorandum was provided to Councillors on 20 December 2023 informing them of the exhibition and outlining the proposed amendments.

The practice notes were on exhibition from 4 December 2023 until 23 February 2024. DPHI has granted Council an extension to the submission deadline to enable to matter to be reported to Council for endorsement

A submission to the proposed amendments is provided in Appendix 1. Should Council endorse the submission, it will be submitted to the DHPI by 29 March 2024.

Background

The practice notes are issued by the Planning Secretary for the purposes of sections 211(3) and 203(7) of the Environmental Planning and Assessment Regulation 2021. Councils are required to consider practice notes while using and preparing contribution plans or planning agreements.

Practice notes form an important part of the policy framework for infrastructure contributions and are designed to be read in conjunction with the Act, Regulations and ministerial directions and assist council, developers and the community in understanding their requirements and obligations.

Currently, there are five separate practice notes relating to local infrastructure contributions, as follows:

· Development Contributions – Introduction 2005.

· Development Contributions Plans – Section 94 2005.

· Local Infrastructure Contributions - Review by IPART 2019.

· Section 7.12 fixed development consent levies 2021.

· Planning Agreements -2021.

Current Situation

The amendment seeks to repeal all five of the current practice notes by introducing five new practice notes. The following documents were exhibited:

1. DRAFT Local infrastructure contributions system practice note.

2. DRAFT Section 7.11 contributions practice note.

3. DRAFT Section 7.12 levies practice note.

4. DRAFT Planning agreements practice note.

5. DRAFT Administering contributions practice note.

In summary, the draft practice notes are supported, however, Council officers continue to advocate for the removal of the cap on contributions and the inclusion of community facilities within the essential works list, a matter previously raised by Council in our submission on the Changes to the Infrastructure Contributions System in NSW, endorsed at its ordinary meeting on 22 June 2020.

A draft submission has been prepared for Council's endorsement and is shown in Appendix 1. A summary of the key matters raised within the submission is in the table below. It is noted that the submission also includes a number of technical clarifications that are also sought.

Issue	Matter
Contributions Cap	It is Council’s preference to have no cap/threshold. This would enable councils to provide the required infrastructure to match the incoming development without going through the lengthy IPART review process and being left with a financial shortfall. The process of submitting a plan to IPART is adding significant time onto a rezoning process and delaying the time for land to reach the market, this is specifically relevant in the context of the current housing crisis, and this should be addressed to facilitate the delivery of housing. In addition, the cap has not been indexed since imposed in 2012, despite the significant escalation in both land and construction costs. At the least, further guidance should be provided to Councils on matters such as methodology, principles for efficient design and delivery.
Essential Works List	The IPART essential works list needs to be reviewed and expanded to match the needs and expectations of the community.
Cost escalation	The cost of land acquisition is a major factor in contribution plans which affects housing affordability. There is a significant challenge in estimating rising infrastructure costs, aligning this with plan reviews and addressing differences between estimated and final costs, especially with land and construction costs rising. The practice notes should provide guidance on how Councils can effectively manage cost escalation.
s7.12 Plans	DPHI should consider, particularly for s7.12 above 1%, that an administration fee should be permitted within s7.12 plans. This issue has recently arisen in the Aerotropolis. That DPHI should enable works in kind for s7.12 works items.
Responding to State Policy Changes Impacting Infrastructure Provision	DPHI should provide guidance and potential revised processes in order to support Councils to undertake amendments to their contribution plans, particularly where Councils are required to immediately respond to policy changes that will impact the provision of infrastructure.
Administration	Current legislation does not define inclusions and exclusions of administrative costs, the practice notes should provide clarity on this aspect. It is also recommended that administration costs be expanded to include project management costs for delivery of works and acquisition of land.
Security in Planning Agreements	Previous information on documentation, review, and security for enforcement of developer’s obligations has been removed. These are all critical measures that ensure the items in the Planning Agreement are delivered in the agreed upon time and to the agreed upon standard. This information should not be omitted as it provides advice and guidance on best practice and advises parties of what is expected post execution. The importance of landowner’s consent to ensure that a planning agreement is able to be registered on title should be highlighted within the practice note.
Registration of Planning Agreements	Registration of Planning Agreements on title is not included in the steps for entering and finalising a planning agreement. While there is legislation on this matter, practice notes on the implementation of the legislation is necessary. Registration on title means the VPA will be binding on, and enforceable against, the owner of the land. Without Registration on title, a new landowner would not be bound by the agreement, this presents a significant risk for Council if the land is sold prior to obligations of the agreement being complete, as there would be no guarantee for the required infrastructure included within the agreement to be delivered. Removal of guidance on this matter is not supported.
Administration of Plans	The practice note should address the risks and identified barriers which should be considered before committing to forward fund infrastructure, especially if the intent is to make this something Councils are required to consider. The practice note should identify the legislative requirement for recouping costs of infrastructure works already completed or land already purchased to only be indexed using the Consumer Price Index (CPI). Further guidance should be provided around the reporting requirements for affordable housing contributions.

Financial Implications

There are no immediate financial implications resulting from the submission.

Risk Implications

There are no immediate risk implications resulting from this submission.

Conclusion

DPHI recently exhibited five draft local infrastructure contribution notes which seek to replace the current infrastructure practice notes. The proposed update includes no legislative changes, the aim of the update is to improve the readability and accessibility of the practice notes by making them more user friendly.

A submission has been prepared in support of the update and provides recommendations where further information or clarity could be provided. The draft submission raises matters Council have raised in earlier submissions, continuing our advocacy for the essential works list to be updated, reiterating that the introduction of ‘caps’ has increased the complexity of preparing a plan.

RECOMMENDATION

That:

1. The information contained in the report on Draft Local Infrastructure Contribution Practice notes be received.

2. Council endorse the submission provided as Appendix 1 to be forwarded to the NSW Department of Planning, Housing and Infrastructure.

ATTACHMENTS/APPENDICES

1. ⇩

Submission - Local Contributions Practice Note exhibition

9 Pages

Attachments Included

Ordinary Meeting 25 March 2024

Submission to the Parliamentary Inquiry into critical transport infrastructure supporting the Western Sydney International Airport and Western Sydney Aerotropolis

Compiled by: Wendy Read, Executive Strategist - Integrated Transport

Authorised by: Fiona McDermott, Urban Strategist

Carlie Ryan, City Strategy Manager

Kylie Powell, Director - City Futures

Outcome	We plan and shape our growing City
Strategy	Work with partners to develop plans that support the needs and interests of our community
Principal Activity	Support and influence tri-government strategic planning in the Western Parkland City by responding to the City Deal commitments

Executive Summary

Council supports the 24-hour Western Sydney International Airport (WSIA) on the basis of the opportunities that it presents for Penrith and provided that there is adequate investment in the infrastructure needed to activate the WSIA and the Aerotropolis and connect them to Western Sydney, maximising amenity, efficiencies as well as mitigating impacts appropriately.

Council acknowledges the vital role that the WSIA and Aerotropolis will play in the land use, tourism, and economic development of the Region. This will not be realised without properly planned and funded investment in critical transport upgrades and infrastructure by the Government. Furthermore, this investment must occur in line with development to ensure access for residents and visitors, both within and beyond the Western Parkland City and Penrith, to opportunities created by the WSIA and in Aerotropolis.

The Western Sydney Aerotropolis includes approximately 3,900 hectares of employment land within the Penrith LGA boundary. In addition, we have 37% (1028 ha) of future employment lands in Greater Sydney. This provides competitive advantages to attract industry investment. Better connectivity through a range of transport options to and from the region is crucial to ensuring the economic benefits of the airport project are maximised, in particular increased accessibility for our community and more jobs closer to home.

Councillors were informed via Memorandum on 1 March 2024 that a Parliamentary Inquiry was announced into critical transport infrastructure supporting the Western Sydney International (Nancy-Bird Walton) Airport and Western Sydney Aerotropolis. The Terms of Reference for this Inquiry are at Attachment 1.

The Committee will investigate transport infrastructure options supporting the airport and the aerotropolis and how they will integrate with Sydney's broader transport system. The Committee will also look at how transport infrastructure will be funded. As part of its inquiry, the Committee will also consider the impact of employment movements in the Western and Southwestern suburbs of Sydney and how to reduce road usage around the airport and aerotropolis.

A submission has been prepared (Attachment 2) in response to the Parliamentary Inquiry. A memorandum was sent to Councillors on 18 March 2024 providing a copy of Council’s draft submission for Councillor feedback. The content and tone of the submission has been based on Council’s Advocacy Strategy and Priorities List, as well as the previously endorsed submission to the Inquiry into public transport in Western Sydney. This submission has been attached to the Inquiry Submission as background information.

The report seeks Council’s endorsement of a submission (Attachment 2) in response to a Parliamentary Inquiry into critical transport infrastructure supporting the Western Sydney International (Nancy-Bird Walton) Airport and Western Sydney Aerotropolis. Should Council endorse the submission, this will be forwarded before the closing date for submissions on 31 March 2024.

The Parks (the Western Parkland Councils) have also prepared a joint submission to respond to the Inquiry in the context of the Western Parkland City, which will be shared with Councillors via memorandum once finalised.

Councillors will continue to be updated on these issues as more information becomes available.

Background

Council’s Advocacy Strategy (2023) outlines that we need critical support to build all types of infrastructure to support a growing, skilled community who want more local job opportunities. This means less congested, higher capacity roads and parking; effective public transport; improved civic facilities; vibrant and linked communities and vitally, a City rich in arts, culture and recreational opportunities for the expanding population and visitors. A connected city through further infrastructure delivery remains our enduring priority.

The Legislative Assembly Committee on Transport and Infrastructure is inquiring into critical transport infrastructure supporting the Western Sydney International (Nancy-Bird Walton) Airport and Western Sydney Aerotropolis. The Western Sydney International Airport and Western Sydney Aerotropolis have the potential to deliver transformational change for communities in Western Sydney.

As part of its inquiry, the Committee will also consider the impact of employment movements in the Western and South Western suburbs of Sydney and how to reduce road usage around the airport and aerotropolis.

A key priority in this inquiry is to identify opportunities to minimise traffic congestion on surrounding roads wherever possible.

Current Situation

It is critical that Penrith has the essential infrastructure, services and amenities in place to meet current and future community needs. Central to these needs is transport. As a metropolitan centre, improved connectivity via our transport infrastructure and services is a necessity. Government decision making is critical to achieving successful outcomes. Given the proximity to the airport and national and international freight opportunities, new infrastructure and services are needed to deliver a better-connected region.

Council acknowledges the vital role that the Western Sydney International Airport (WSIA) and Aerotropolis will play in the land use, tourism, and economic development of the Region. However, this role will not be realised without properly planned and funded investment in critical transport upgrades and infrastructure by the State. Furthermore, this investment must occur in line with development to ensure access for residents and visitors, both within and beyond the Western Parkland City and Penrith, to opportunities created by the WSIA and in Aerotropolis.

A submission has been prepared (Attachment 2) in response to the Inquiry into critical transport infrastructure supporting the Western Sydney International (Nancy-Bird Walton) Airport and Western Sydney Aerotropolis. The submission has been informed by Council’s adopted strategic planning documents including the Advocacy Strategy, Economic Development Strategy, Local Strategic Planning Statement (LSPS); Places of Penrith suite of city-shaping strategies in line with the Planning Priorities outlined in the Penrith LSPS and the Western City District Plan. Consideration has also been made to the many NSW Government strategic planning documents, reviews and guidance associated with the Western Sydney International Airport and the Western Sydney Aerotropolis.

In summary, the submission (Attachment 2) raises the following for consideration by the Committee undertaking the Inquiry:

· Council acknowledges the vital role that the WSIA and Aerotropolis will play in the land use, tourism, and economic development of the Region. Council supports the 24-hour WSIA on the basis of the opportunities that it presents for Penrith and provided that there is adequate investment in the infrastructure needed to activate the Airport and the Aerotropolis and connect them to Western Sydney, maximising amenity, efficiencies as well as mitigating impacts appropriately. Furthermore, this investment must occur in line with development to ensure access for residents and visitors, both within and beyond the Western Parkland City and Penrith, to opportunities created by the WSIA and in Aerotropolis.

· The importance of collaborative land use planning and long-term Government commitment, including budget allocation, to secure and deliver critical infrastructure projects. The opportunity for innovative funding models to be explored in infrastructure provision.

· Upfront government commitment to critical transport infrastructure, including funding, is key. Timing of delivery is also key and must be aligned with development. The lag of transport planning around the WSIA and Aerotropolis is concerning given the WSIA opening date in two years.

· The significance of regional transport planning and the need to ensure critical projects are properly funded and locked into budget.

· The importance of safe, reliable, convenient and frequent public transport services that enable residents to access job, health and education precincts.

· Early introduction of public transport infrastructure can influence a user’s behaviour patterns in the longer term – leading to reduce car dependency. The Sydney Metro project and Rapid Bus project are critical to enact any change of travel behaviour in Western Sydney.

· Despite the NSW Government's commitment of $302 million to the Western Sydney Rapid Bus project, there is concern that this funding will not deliver a fully integrated public transport network by the opening of the Western Sydney International Airport in 2026. The primary objective of the Rapid Bus network was to establish early patronage of a public transport network ahead of the opening of the Sydney Metro line. This objective will now be impossible to meet given that the WSIA and Sydney Metro are set for opening in two years and the Rapid Bus network is still being planned.

· The changing nature of transport needs across the region due to population increase, shifting demographics, increased density, technological advances etc.

· The importance of ensuring high amenity outcomes, including maintenance of existing roads.

· The need for a rail and road freight capacity study to better understand how the movement of goods across our cities are impacting on the road network, and how to ameliorate these impacts.

· The disproportionate travel cost burden on Western Sydney residents on account of distances travelled, petrol, tolls and generally limited public transport options.

· The need for supporting infrastructure that improves the functionality of public transport for the user, such as commuter carparks, pedestrian paths, cycling facilities, and the like.

· The opportunity for technology-enabled solutions (e.g. bus tracking and on-demand services) to improve access, reduce inequity, minimise environmental impacts and ensure public transport is resource efficient.

The submission also makes the following specific comments related to Penrith:

· It is essential that Penrith LGA has critical infrastructure, services and amenities in place to meet current and future community needs. Central to these needs is road transport infrastructure that includes public and active transport infrastructure.

· Penrith is strategically located in one of Australia’s fastest growing areas, with plenty of land to develop, and improving connectivity. We have 37% (1028 ha) of future employment lands in Greater Sydney. The Aerotropolis includes approximately 3,900 hectares of employment land within the Penrith LGA boundary. This provides competitive advantages to attract investment.

· The movement of large vehicles for freight is an important consideration for industrial and commercial premises. The total volume of freight that is coming from or to Western Sydney is expected to increase from 18.5 million tonnes in 2014 to 41 million tonnes by 2041. There are two intermodal terminals to be located in Penrith. One in St Marys North and one is planned for the Mamre Road precinct. It is also important to note that the freight task is not solely made up of large vehicles and that catering to the last mile freight task is essential.

· Much needed new transport connections will deliver faster and more accessible connections for passengers, visitors, and businesses, unlocking further opportunities for the creation of new places and neighbourhoods to live, work and play. Providing a range of transport options to and from the region is crucial to ensuring the benefits of the project are maximised.

· State arterial roads are the responsibility of the NSW Government, but Council’s transport planning highlights where key connections to State arterial roads and upgrades are needed most. An example of this is the need for a planned upgrade for Luddenham Road. Luddenham Road is presently a local road, but taking the burden of construction traffic required to deliver region-shaping projects including the Aerotropolis, Sydney Metro – WSA, Mamre Road Industrial Precinct and Sydney Science Park, at a significant cost to ratepayers. Luddenham Road is a critical corridor identified by the State (DPHI and TfNSW) and will be expected to service significant development in this area over the next 10-20 years. The immediate upgrade of Luddenham Road is critical to ensure the road network surrounding the WSIA and Aerotropolis are efficient, however planning for this road is yet to commence. We seek clarity from the Government in relation to the timing of this critical project.

· Extending the Sydney Metro – Western Sydney Airport link to both Macarthur and Tallawong should be a key priority for Government, to connect strategic centres, key employment lands and business parks across Southwest, Western and Northwest Sydney.

· While acknowledging significant government investments that have occurred and are committed, the withdrawal of funds from projects such as Werrington Arterial Stage 2, the M7/M12 Interchange, the Mulgoa Road Upgrade, and commuter carparks hinders the region's integrated transport connections.

· In addition to a range of infrastructure needs including those relating to active transport, Council’s Advocacy Strategy and Advocacy Priorities List outline the following key projects that need to be delivered to support the growth associated with the Airport and Aerotropolis:

o Delivering new Rapid Bus routes servicing the WSA is an immediate priority for Western Sydney communities (especially the workforce).

o Werrington Arterial Stage 2.

o Southern Link Road.

o Mulgoa Road upgrade, including the reinstatement of the Federal Government’s previous financial commitment.

o Upgrade and reclassification of Luddenham Road.

o Planning and delivery of Castlereagh Connection.

Financial Implications

There are no direct financial implications for Council associated with making this submission.

Risk Implications

If Council does not provide a submission to the Inquiry, the risk is that Council’s concerns and comments will not be fully understood and considered in the Government’s prioritisation of critical infrastructure associated with Western Sydney International Airport and the Western Sydney Aerotropolis and how they will integrate with Sydney's broader transport network.

Areas of need for the Penrith community may not be equitably addressed or adequately funded leading to adverse social, economic and environmental impacts in the longer term.

Conclusion

It is essential that Penrith LGA has critical infrastructure, services and amenities in place to meet current and future community needs. Central to these needs is road transport infrastructure that includes public and active transport infrastructure.

It is recommended that Councillors endorse the submission to the Legislative Assembly Committee on Transport and Infrastructure inquiring into critical transport infrastructure supporting the Western Sydney International (Nancy-Bird Walton) Airport and Western Sydney Aerotropolis.

Councillors will continue to be updated on this work as more information becomes available.

RECOMMENDATION

That:

1. The information contained in the report on Submission to the Parliamentary Inquiry into critical transport infrastructure supporting the Western Sydney International Airport and Western Sydney Aerotropolis be received.

2. Council endorse the submission contained in Attachment 2 and it be submitted to the Legislative Assembly Committee on Transport and Infrastructure by the closing date on 31 March 2024.

ATTACHMENTS/APPENDICES

1. ⇩	Terms of Reference	1 Page	Attachments Included
2. ⇩	Draft Council Submission Parliamentary Inquiry into critical transport infrastructure supporting the Western Sydney International Airport and Aerotropolis	32 Pages	Attachments Included

Ordinary Meeting 25 March 2024

Submission to the NSW Government's Parliamentary Inquiry into the Transport Oriented Development Program

Compiled by: Fiona McDermott, Urban Strategist

Authorised by: Carlie Ryan, City Strategy Manager

Kylie Powell, Director - City Futures

Outcome	We plan and shape our growing City
Strategy	Work with partners to develop plans that support the needs and interests of our community
Principal Activity	Support and influence tri-government strategic planning in the Western Parkland City by responding to the City Deal commitments

Executive Summary

In December 2023, the NSW Government announced a proposed Transport Orientated Development (TOD) Program that will specifically apply to St Marys Town Centre. The TOD Program in St Marys will mandate Residential Flat Buildings (RFBs) as permissible development in all residential zones (R2, R3 and R4) within 400 metres of the train station, and will override Council’s existing land use controls in relation to maximum building height, floor space ratio, minimum lot size and width and car parking rates. Council’s Structure Plan for the town centre also indicates a 400m radius south of the Metro station for investigation for possible intensification, noting the significant existing zoned capacity in that vicinity.

Council supports the growth and development of St Marys Town Centre and is developing a Master Plan to deliver a tailored solution, noting that there is already zoned capacity to meet projected growth (potentially up to 11,000 dwellings) in St Marys. The TOD Program gives no recognition to, and makes no allowance for, significantly progressed local strategic planning by Council. The top-down approach by Government of imposing planning controls pre-empts Council’s St Marys 2041 strategic planning model and may jeopardise the long-term vision for St Marys. In the case of St Marys, existing controls already in place that largely exceed the TOD Program will have limited benefit. Council’s own built form modelling indicates potential issues with the proposed TOD Program in St Marys, necessitating a more nuanced approach to achieve desired outcomes.

Councillors were briefed on the proposed TOD Program, its implications for planning in St Marys Town Centre and draft submission in response on 19 February 2024. Following endorsement of the submission at Council’s 26 February 2024 Ordinary Meeting, a letter was sent to the Premier and Minister for Planning and Public Spaces outlining Council’s position on the TOD Program and attaching the submission together with the submission on the Draft Low to Mid rise Housing State Environmental Planning Policy.

Councillors were informed via Memorandum on 1 March 2024 that a Parliamentary Inquiry was announced into the development of the TOD Program. The Terms of Reference for this Inquiry are at Attachment 1. Of note, the Inquiry will cover, among other things, the selection process for TOD sites (St Marys), consultation undertaken with councils in development of the program and consideration of enabling infrastructure.

A submission has been prepared (Attachment 2) in response to the Parliamentary Inquiry. A memorandum was sent to Councillors on 18 March 2024 providing a copy of Council’s draft submission for Councillor feedback. The content and tone of the submission has been based on the submission endorsed by Council at the February Ordinary Meeting on the TOD Program. This submission has also been attached to the Inquiry Submission as background information.

The submission at Attachment 2 reiterates Council’s concerns outlined in the submission to the TOD Program, seeking an exemption from the Program on the basis that evidence led, place-based planning is already well progressed by Council.

Addressing the housing crisis needs a deliverable pipeline of housing, in the right places at the right time. Penrith has a significant pipeline of housing and is undertaking extensive strategic work to inform this growth. Council is keen to ensure this pipeline responds to the need for additional growth in the right locations, at the right time. The TOD Program does not guarantee a pipeline of housing, and evidence suggests that large areas within the sphere of Program’s influence are not ‘the right place’, nor is it ‘the right time’ to implement planning controls in this manner.

To this end, the submission outlines that Council wants to work with government to progress the St Marys 2041 model to deliver a nuanced, evidence and place-based approach to ensure growth occurs that is supported by infrastructure. Council would like to continue working with Government as we replicate the planning model in other centres in the fullness of time.

The submission will reiterate that the introduction of the TOD Program does not enable Council to support jobs growth or carry out detailed planning to ensure that the land use planning framework around town centres is orientated towards providing jobs to support the growing population with supporting infrastructure.

This report seeks Council’s endorsement of a submission in response to a Parliamentary Inquiry into the development of the NSW Government’s TOD Program. Should Council endorse the submission, this will be forwarded before the closing date for submissions on 28 March 2024.

The committee responsible for the inquiry is expected to report on their findings by 27 September 2024. Councillors will continue to be updated on these issues as more information becomes available.

Background

Council supports the growth and development of St Marys Town Centre and is developing a Master Plan to deliver a tailored solution, noting that there is already zoned capacity to meet projected growth. In 2021, Council commenced St Marys 2041 – a proactive strategic planning model to position St Marys as a strategic centre in Western Sydney, leveraging opportunities created by the Western Sydney International Airport and its direct link to St Marys via a station on the Sydney Metro – Western Sydney Airport line. Following extensive community engagement, a structure Plan was endorsed in late 2022 and a Master Plan is on track for public exhibition later this year.

The TOD Program in St Marys will mandate Residential Flat Buildings (RFBs) as permissible development in all residential zones (R2, R3 and R4) within 400 metres of the train station, and will override Council’s existing land use controls in relation to maximum building height, floor space ratio, minimum lot size and width and car parking rates. Council’s Structure Plan for the town centre also indicates a 400m radius south of the Metro station for investigation for possible intensification, noting the significant existing zoned capacity in that vicinity.

Council endorsed a submission to the Department of Planning, Housing and Industry in response to the TOD Program at its ordinary meeting of 26 February 2024. That submission asks:

· That Council’s St Marys 2041 strategic planning pathway be recognised as the appropriate pathway to deliver the Government’s TOD objectives, including additional dwelling capacity within 400m radius of the station.

· That St Marys be removed from the list of 31 ‘tier two’ stations to which the SEPP will apply, pending Council’s Town Centre Master Plan and implementation of a considered place-based response to the land use outcomes in this locality.

· That the application of the TOD SEPP not apply to the MU1 Zone to ensure St Marys achieves a balance of jobs and housing in support of its role as a strategic centre in Western Sydney.

· That the Government facilitate early development of State Government owned sites in St Marys to stimulate redevelopment in the Town Centre.

Parliamentary Inquiry

The Legislative Assembly Committee on Planning and Environment is inquiring into the development of the NSW Government’s TOD Program. There are 18 Terms of Reference (listed at Attachment 1) for the Committee to inquire into.

In particular, the Committee will investigate and report on the analysis, identification or selection undertaken by the Government, the Premier's Department, The Cabinet Office or the Department of Planning, Housing and Infrastructure (DPHI) along with consultations undertaken with councils, joint regional organisations and communities during the preparation of the TOD Program.

The Committee report is scheduled to be delivered by 27 September 2024.

Current Situation

The submission has been informed by Council’s adopted strategic planning documents including the Local Strategic Planning Statement (LSPS) and Places of Penrith suite of city-shaping strategies in line with the planning priorities outlined in the Penrith LSPS – most relevantly the Penrith Local Housing Strategy (LHS), Economic Development Strategy (EDS) and Employment Lands Strategy (ELS). The submission has also been heavily informed by Council’s St Marys 2041 Strategic Planning model, including the St Marys Town Centre Structure Plan and Master Plan.

Whist we appreciate the Government's aim to leverage Sydney's transport networks for increased housing supply, certain aspects of the development of the TOD Program are concerning. In particular, the Program undermines Council’s established strategic planning model and may jeopardise the long-term vision for St Marys. The submission at Attachment 2 reiterates Council’s concerns outlined in the submission to the TOD Program, outlining that evidence led, place-based planning is already well progressed by Council.

This submission will also reiterate that the introduction of the TOD Program does not enable Council to support jobs growth or carry out detailed planning to ensure that the land use planning framework around town centres is orientated towards providing jobs to support the growing population.

In summary, the submission to the Parliamentary Inquiry (refer to Attachment 2) makes the following comments:

· Council supports the principles of transport oriented development and is willing to partner with the NSW Government to ensure a significant pipeline of housing which responds to local needs and conditions.

· There needs to be greater recognition of local policies that already address the intent of the NSW Government’s proposed reforms to boost housing supply, diversity and affordability – in particular where planning frameworks are in place that support increased density in close proximity to high amenity areas with good access to public transport (Council’s St Marys Town Centre Structure Plan and Master Plan being case-in-point).

· We ask that the TOD Program and proposed SEPP recognises and makes allowance for significantly progressed local strategic planning. The top-down approach by Government of imposing planning controls pre-empts Council’s St Marys 2041 strategic planning model and may jeopardise the long-term vision for St Marys.

· Council wants to work with government to progress the St Marys 2041 model to deliver a nuanced, evidence and place-based approach to ensure growth occurs that is supported by infrastructure. Council would like to continue working with Government as we replicate the planning model in other centres in the fullness of time.

· Assumptions underpinning the TOD Program are not yet known. There was no consultation with Council before releasing the TOD Program, and Council has not seen or been provided with any of the evidence base that reportedly exists to support the selection of stations. We understand it is based on the availability of ‘enabling infrastructure’. However, this is more than just water and wastewater capacity, which appear to be the only infrastructure assessed to inform the Program. Through our work on the Structure Plan and Master Plan, Sydney Water has not yet been able to confirm plans to service growth in St Marys beyond what is already planned.

· Council does not have a Section 7.12 plan in place for St Marys. There is a 7.11 plan for regional/local open space and community infrastructure. If the TOD Program is successful in delivering housing beyond what is already planned, Council will not be able to capture any contributions towards matters such as roads and stormwater infrastructure. It is premature of Government to ‘upzone’ land without a suitable contributions framework in place to support the anticipated growth.

· The selection of stations for the TOD Program on the basis of “enabling infrastructure capacity close to transport stations” assumes that the housing supply will be supported by existing infrastructure already embedded in the town centres. This is a key consideration of technical studies undertaken to inform Council’s St Marys Town Centre Master Plan.

· The TOD Program appears to prioritise only housing and does not enable Council to support jobs growth or carry out detailed planning to ensure that the land use planning framework around the St Marys town centre is orientated towards providing jobs to support the growing population.

· The blanket approach of the TOD Program needs refinement to address unique town centre contexts. Our built form modelling indicates potential issues with the proposed controls in St Marys, necessitating a more nuanced approach to achieve desired outcomes. A flexible approach to planning controls within the TOD SEPP is needed, allowing adjustments based on local conditions, site constraints, and built form modelling outcomes. As drafted, the TOD Program and proposed SEPP ignore significant constraints within St Marys, such as the underground alignment of the Sydney Metro tunnel which precludes basement development (ie. not conducive to residential flat buildings).

· It is essential that the NSW Government works in collaboration with local councils and communities to deliver nuanced, place-based approaches to transport-oriented development, founded in evidence and linked to infrastructure delivery. Council’s St Marys Town Centre Structure Plan was developed through extensive community consultation and has established an ongoing Collaboration Group including several state agencies, including the Department of Planning, Housing and Infrastructure, that continues to provide input to the Master Plan. This established and ongoing forum is a model of effective information-sharing and risk mitigation that could have helped inform the TOD Program if it was made aware.

· Through the Collaboration Group and development of the Master Plan, Council is keen to work with state agencies to capitalise on government owned opportunity sites for housing and jobs to stimulate collaborative growth.

· The proposed one-size-fits-all approach to transport oriented development does not respond to the unique and specific contexts of town centres, and in the case of St Marys where existing controls already in place largely exceed the TOD Program will have limited benefit.

Financial Implications

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

Risk Implications

If Council does not provide a submission to the Inquiry, the risk is that Council’s concerns and comments will not be fully understood and considered by the Committee undertaking the inquiry into the development of the TOD Program.

Conclusion

Addressing the housing crisis needs a deliverable pipeline of housing, in the right places at the right time. Penrith has a significant pipeline of housing and is undertaking extensive strategic work to inform this growth. Council is keen to ensure this pipeline responds to the need for additional growth in the right locations, at the right time. The TOD Program does not guarantee a pipeline of housing, and evidence suggests that large areas within the sphere of SEPP influence are not ‘the right place’, nor is it ‘the right time’ to implement planning controls under the TOD Program.

Council considers that the TOD Program is premature in the Penrith LGA context and the City needs a more nuanced approach in order to address matters such as equitable access to employment opportunities and infrastructure. We ask that the TOD Program and proposed SEPP gives recognition to allowance for, significantly progressed local strategic planning.

While St Marys is highly suitable from an access perspective to be included within the TOD Program, there is already capacity for the projected growth in St Marys. The top-down approach by Government of imposing planning controls pre-empts Council’s St Marys 2041 strategic planning model and may jeopardise the long-term vision for St Marys.

Council wants to work with government to progress the St Marys 2041 model to deliver a nuanced, evidence and place-based approach to ensure growth occurs that is supported by infrastructure. Council would like to continue working with Government as we replicate the planning model in other centres in the fullness of time.

As outlined in the Submission, several concerns remain relating to the methodology of this Program development, the lack of consultation with Council and the broader community and the long term impacts of applying a one size fits all planning approach to a Town Centre that is already being Master Planned by Council.

It is recommended that Councillors endorse the submission at Attachment 2 to the Legislative Assembly Committee on Planning and Environment inquiring into the development of the NSW Government’s Transport Oriented Development Program.

Councillors will continue to be updated on this work as more information becomes available.

RECOMMENDATION

That:

1. The information contained in the report on Submission to the NSW Government's Parliamentary Inquiry into the Transport Oriented Development Program be received.

2. Council endorse the submission contained in Attachment 2 and it be submitted to the Legislative Assembly Committee on Transport and Infrastructure by the closing date on 28 March 2024.

ATTACHMENTS/APPENDICES

1. ⇩	Terms of Reference	2 Pages	Attachments Included
2. ⇩	DRAFT PCC Submission to Parliamentary Inquiry into TOD Program_DRAFT v2	13 Pages	Attachments Included

Ordinary Meeting 25 March 2024

RFT2324-018 Lead Designer for Cook Park Precinct

Compiled by: Ken Carter, Landscape Architect

Anne Sacco, Design Program Manager

Authorised by: Tracy Chalk, Design and Projects Manager

James Symonds, Capital Projects Director

Outcome	We manage and improve our built environment
Strategy	Plan for and maintain accessible, safe and high quality infrastructure
Principal Activity	Design and deliver Council’s major capital projects

Executive Summary

The tender for the design of the Cook Park Precinct was advertised on Wednesday 10 January 2024 through the VendorPanel website. The tender closed on Wednesday 7 February 2024.

Twelve (12) tender submissions were received and a review of each was undertaken by the Tender Review Panel, including an assessment of items for inclusion, exclusion and any assumptions.

This report advises of the outcome of the tender process and recommends that the tender received from Mode Design Corp. Pty Ltd, for the amount of $530,160.00 (excluding GST) be accepted to provide design services as the Lead Design consultant for the Cook Park Precinct.

Once approved, design works will commence in April 2024, with the completion of the design stage (and the subsequent tender process commencement for the construction stage) by December 2024.

Background

To date, over $2 million has been invested in regenerating Cook Park through playspace (stage 1) upgrades, provision of an outdoor fitness gym, new carpark and the construction of a new amenities facility at Bill Ball Oval.

As reported to Council in March 2024, the project has been successful in obtaining funding from both Federal and State Governments:

Funding Source	Grant Scheme	Funding Amount
Federal Government	Priority Community Infrastructure Program	$8.5M
NSW Government	Western Sydney Infrastructure Grant Program (WSIG)	$19.12M

The completed project will create significantly enhanced community, sport and recreation facilities which are essential to supporting the continued growth of St Marys while increasing the liveability of the City.

An internal preliminary Landscape Masterplan developed in alignment with stakeholder needs has been completed. The successful tenderer will be expected to develop the plan through concept and detailed design to enable Council to proceed to a construction tender for the precinct.

The objectives outlined within the Tender Scope of Works include:

- To create a multi-use open space facility that caters for both premier sports users and community use.

- Design to allow for active recreation with integration into the wider active transport network.

- Incorporate innovative design and placemaking.

- Respond to Western Sydney urban heat and opportunities for greening our city.

- Consideration of design with Connection to Country, cultural heritage and site history.

- Consideration for and integration with adjoining works.

- Delivery within available budget.

Council required tenderers to submit a holistic proposal for all services to satisfy the scope of the project. The Lead Design consultant is expected to coordinate and manage a team of sub-consultants as part of one submission and service, inclusive of a specialist synthetic field consultant who has been separately appointed by Council through a separate procurement process; to be novated to the appointed Lead Design consultant. This will establish a Lead Design Consultancy Team under one engagement with Council.

The Lead Design consultant will then be responsible for delivering a coordinated documentation package suitable for construction and costing purposes.

Tender Process

Council invited open tenders via the VendorPanel website for the design of the Cook Park Precinct, between Wednesday 10 January and Wednesday 7 February 2024.

Tenders Received

Twelve (12) tenders were received as follows (in order of highest to lowest price):

Company	Authorised Person	Location & Postcode	Lump Sum Tendered Price (excl GST)
Architectus Australia Pty Ltd	Esther Dickins	Melbourne VIC 3000	$1,094,223.00
James Mather Delaney Design Pty Ltd	Don Kirkegard	Redfern, NSW, 2016	$817,153.01
Moir Landscape Architecture Pty Ltd	Jack Stevenson	Charlestown NSW 2290	$768,000.00
Group GSA Pty Ltd	John Holland	East Sydney NSW 2011	$706,850.00
JC Marler and DR Phillips trading as Phillips Marler	Julie Marler	Chippendale NSW 2008	$687,617.00
Stantec Australia Pty Ltd	Melanie Shea	Melbourne, VIC 3000	$665,883.00
Place Design Group	Tim Field	Waterloo, NSW	$639,355.55
Arcadia Landscape Architecture Pty Ltd	Chris Tidswell	Pyrmont NSW 2009	$606,295.00
Oculus Landscape Architecture, Urban Design, Environmental Planning Pty Limited	Keith Stead	Newtown NSW 2042	$602,872.00
Taylor Brammer Landscape Architects Pty Ltd	Matthew Taylor	Woollahra NSW 2025	$523,210.55
Mode Design Corp. Pty Ltd	Max Weston	Fortitude Valley QLD 4006	$505,310.00
Land and Form Studios	Ro Iyer	Redfern NSW 2016	$490,630.00

Non-conforming Tenders

There were no non-confirming tenders received.

Tender Evaluation Process

The Tender Evaluation Panel consisted of:

- Adam Lowe - Asset Coordinator - Parks and Open Space,

- Anne Sacco - Design Program Manager,

- Kenneth Carter - Landscape Architect,

- Malcolm Sheens - Operations Coordinator - Public Spaces Maintenance,

- Marco De Stefanis - Major Projects Coordinator

- Tim Whiticker - Community Facilities and Recreation Planner.

The panel was supported by Procurement Business Partner Julie Stanshall.

Assessment Methodology

A comprehensive assessment of the tender submissions was undertaken by the Tender Evaluation Panel. The assessment process was undertaken in accordance with the provisions of the Local Government Act 1993 and Tendering Regulation 2005, and based on the conditions and evaluation criteria as provided in the Request for Tender documents:

Evaluation criteria

Weighting

Price

40%

Non-price criteria

- Local Supplier

- Project understanding and methodology

- Demonstrated experience

- Key personnel experience and time allocation to the Project

- Project program and capacity to meet construction targets

60%

The twelve conforming tenders were evaluated against the weighted non-price evaluation criteria to determine a non-price score for each submission. Following assessment of the weighted non-price score, the tender evaluation panel considered the tender prices received to determine the best value for money submission in accordance with Council's procurement protocols.

The five highest best value for money tenderers were shortlisted for further evaluation (in order of highest to lowest):

Company

Mode Design Corp. Pty Ltd

Taylor Brammer Landscape Architects Pty Ltd

Arcadia Landscape Architecture Pty Ltd

Group GSA Pty Ltd

Place Design Group

Clarifications

The tender evaluation panel sought clarifications from the shortlisted tenderers on the critical assumptions and exclusions submitted with each tender. Additionally, the tender evaluation panel sought to clarify the tenderers scope inclusions for flood analysis; due to concerns that each tenderer had not priced for the same level of flood analysis within their tender submissions. Shortlisted tenderers were invited to submit updated tender pricing to reflect the clarifications sought.

Updated tender pricing submitted for the five (5) shortlisted tenderers (in order of highest to lowest Revised Price):

Company	Original Lump Sum Tendered Price	Revised Lump Sum Tendered Price	Price change
Group GSA Pty Ltd	$706,850.00	$738,600.00	$31,750.00
Place Design Group	$639,355.55	$639,355.55	$0
Arcadia Landscape Architecture Pty Ltd	$606,295.00	$621,295.00	$15,000.00
Mode Design Corp. Pty Ltd	$505,310.00	$530,160.00	$24,850.00
Taylor Brammer Landscape Architects Pty Ltd	$523,210.55	$493,260.55	-$29,950.00

The tender evaluation panel reviewed the revised tender pricing submitted from the shortlisted tenderers and nominated to progress reference and financial checks while concurrently assessing the revised tender pricing submitted for the two (2) lowest priced shortlisted tenderers, who were also the highest ranked best value for money tenderers both before and after revised pricing was submitted:

- Mode Design Corp. Pty Ltd

- Taylor Brammer Landscape Architects Pty Ltd

The tender evaluation panel noted that the revised tender pricing increased for three (3) of the shortlisted tenderers, stayed the same for one (1) tenderer; Place Design Group, and decreased for one (1) tenderer; Taylor Brammer Landscape Architects Pty Ltd. This decrease in revised tender pricing resulted in Taylor Brammer Landscape Architects Pty Ltd overtaking Mode Design Corp Pty Ltd in being ranked highest for best value for money.

Reference Checks

Two (2) nominated referees for each tenderer were contacted and both tenderers received positive reference checks, with the contacted referees confirming the tenderers had provided satisfactory services.

Financial Assessment

Included in the assessment of tenders was the commissioning of independent financial analysis on Mode Design Corp Pty Ltd and Taylor Brammer Landscape Architects Pty Ltd.

These checks were completed by Equifax Australasia Credit Ratings Pty Ltd. Financial Services have reviewed the financial information provided by both tenderers and have not identified any reason why the contract should not be awarded to either company.

The Cook Park Precinct has a total confirmed budget of $19,526,235 which is funded through Western Sydney Infrastructure Grant Program, Council’s Sports and Recreation plan and Special Rate Variation program.

Pending the endorsement of the Federal Government ‘Priority Community Infrastructure program’ grant of $8,500,000 and the return of Council funds of $406,235, this will result in a revised project budget of $27,620,000. Thus, there are sufficient funds to engage either company to carry out the scope of works for the prices submitted as part of this tender process.

Tender Recommendation

There were two (2) tenderers shortlisted for reference and financial checks.

The tender evaluation panel noted that Taylor Brammer Landscape Architects Pty Ltd reduced their tender price following Council’s clarifications. Upon further review of the revised tender price submission from Taylor Brammer Landscape Architects Pty Ltd the tender evaluation panel noted that Taylor Brammer Landscape Architects Pty Ltd had submitted a revised clarification with their revised tender price stating that the submission did not include flooding services.

The tender evaluation panel were concerned that Taylor Brammer Landscape Architects Pty Ltd had not understood the clarification sought and agreed that Council cannot appoint a tenderer that has not been able to satisfy the panel that the scope requested is included in the tender price received. Further, the tender panel agreed that the services expected of the Lead Design consultant; to deliver a holistic proposal for all services to satisfy the scope of the project and coordinate and manage a team of sub-consultants as part of one submission and service, had not been met. The tender evaluation panel declined to seek a further clarification from Taylor Brammer Landscape Architects Pty Ltd as they considered the tender review process to be a preview of the future engagement with the appointed Lead Design consultant and agreed that Council cannot appoint a tenderer who requires follow up and prompting for correct and accurate submissions.

The tender evaluation panel considered potential project efficiencies to be gained through the appointment of Mode Design Corp Pty Ltd, as their nominated sub-consultant team is also included on the separately appointed specialist synthetic field sub-consultant team. The inclusion of the same sub-consultant has been assessed as a benefit to the project, providing enhanced coordination for efficient communication and project delivery processes.

The tender received from Mode Design Corp. Pty Ltd is recommended by the Tender Evaluation Panel as the preferred tenderer.

Risk Implications

The tender and assessment process has been undertaken in accordance with the provisions of the Local Government Act 1993 and Tendering Regulation 2005 and overseen by the Tender Advisory Group.

The proposed works are design services for future open space and infrastructure improvements within the Cook Park Precinct. The appointment of a qualified and experienced Lead Design consultant team will ensure future construction delivery risks are minimised and provide Council the confidence to proceed to a construction tender at the end of these design services.

The services will be undertaken in accordance with Work, Health & Safety regulations.

No risk
Low risk	X
Medium risk
High risk
Very high risk
Extreme risk

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG consists of:

- James Symonds – Capital Projects Director

- Adam Beggs - Governance Manager

- Neil Farquharson – Financial Services Manager

The TAG were briefed on the project and tender assessment process.

The TAG considered the recommendation of the Tender Assessment Panel. It was noted that the recommended proposal is not the lowest cost, however the company has demonstrated their ability to meet the project objectives. The proposal also offers Council project efficiencies and lowest risk in weighing up any submitted assumptions and exclusions.

The TAG reviewed the evaluation process and is satisfied that the selection criteria has been correctly assessed.

Conclusion

The Tender Evaluation Panel recommends that Mode Design Pty Ltd be awarded the Lead Designer for Cook Park Precinct contract for a contract sum of $530,160.00 (excluding GST).

RECOMMENDATION

That:

1. The information contained in the report RFT2324-018 Lead Designer for Cook Park Precinct be received.

2. Mode Design Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the RFT2324-018 Lead Designer for Cook Park Precinct for an amount of $530,160.00 (excluding GST).

3. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.

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 25 March 2024

Erskine Park Urban Reinvestment Project Negotiations

Compiled by: James Craig, Project Supervisor

Mitchell Sammut, Project Lead

Authorised by: Tracy Chalk, Design and Projects Manager

James Symonds, Capital Projects Director

Outcome	We manage and improve our built environment
Strategy	Plan for and maintain accessible, safe and high quality infrastructure
Principal Activity	Design and deliver Council’s major capital projects

Executive Summary

A tender for the Erskine Park Urban Reinvestment Project, Erskine Park was advertised on 14 August 2023 on VendorPanel and e-tendering websites. The tender closed on 13 September 2023, with two submissions being received.

Following evaluation of tenders, the panel determined that no submission provided overall value to Council. No conforming tenders were received.

At the 11 December 2023 Ordinary meeting, Council resolved that:

1. The information contained in the report on RFT 23/24-002 Erskine Park Urban Reinvestment Project be received.

2. Council decline to accept any tenders received for RFT 23/24-002 Erskine Park Urban Reinvestment Project.

3. Council does not call for fresh tenders. Fresh tenders are not likely to present a more advantageous result to Council.

4. The General Manager be authorised to negotiate with nominated civil construction and project management companies Ally Civil Pty Ltd, KK Civil Pty Ltd, Mack Civil Pty Ltd and Masport Civil Pty Ltd.

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

6. The outcome of the negotiation be subject of a future report to Council for adoption.

This report advises the outcome of the negotiations and recommends that the offer from Masport Civil Pty Ltd, for the amount of $448,800.00 (excluding GST) be accepted for Erskine Park Urban Reinvestment Project, Erskine Park.

Background

Erskine Park Urban Reinvestment is an innovative project by Penrith City Council to revitalise public spaces and deliver a new residential offering to the suburb.

Council identified open space sites in Erskine Park that were underutilised or in need of an upgrade to meet resident’s expectations, as part of its Open Space Reinvestment Project. As a result, six sites have been rezoned for residential development with the proceeds from the sale of this land going directly into improving targeted open space and public domain areas within Erskine Park. These sites are:

• 27a Phoenix Crescent, Erskine Park NSW 2759 - Lot 1444 DP 788282

• 9a Dilga Crescent, Erskine Park NSW 2759 - Lot 148 DP 703879

• 11 Ashwick Circuit, St Clair NSW 2759 - Lot 35 DP 812241

• 25 Chameleon Drive, Erskine Park NSW 2759 - Lot 1107 DP 709078 and Lot 1106 DP 709078

• 11a Canopus Close, Erskine Park NSW 2759 - LOT 2174 DP 776425

• 73 Swallow Drive, Erskine Park NSW 2759 - LOT 2174 DP 776425

Council has already forward funded $2.65 million of open space and public domain improvements from the anticipated sale of these sites.

Council is requiring a contractor to deliver the next stage of the project, subdivision construction and certification to prepare the sites for sale.

The project calls for tenderers to undertake all works related to delivery of the subdivision lots at the six nominated sites from inception. The scope of work includes the following for each of the 6 sites:

• Completion of works required by the DA Consent Conditions to obtain a Subdivision Works Certificate.

• Services design and delivery including water, electricity, sewer, communications connections.

• Engaging and managing sub-consultants environmental remediation, ecology and liaising with the project surveyor and the required Penrith City Council Departments

• Completion of all works and certification including but not limited to environmental remediation, tree retention, protection & removal, civil works, services design, approval and connection, other works as required per the DA approval and Consent Conditions for each of the six sites.

• Obtaining a Construction Certificate

Council officers then determined an Open Tender process to be the most appropriate procurement pathway. Following evaluation of tenders, the panel determined that no submission provided overall value to Council. No conforming tenders were received.

Following the 11 December 2023 Ordinary meeting resolution, Council officers began negotiations with the following companies listed below. These were nominated by the panel based on previous works completed for Council of a similar nature, likelihood of capacity to undertake the works, the suitably of works for the contractor and risk to Council.

Company	Company Address	Directors
Ally Civil Pty Ltd	20 Sammut St, Smithfield NSW 2164	David Baker
KK Civil Pty Ltd	17-23 Bryant St, Padstow NSW 2211	Andrew McKenna
Mack Civil Pty Ltd	5 Stanley St, Peakhurst NSW 2210	Karim Mahmoud
Masport Civil Pty Ltd	16 Hinchinbrook Dr, Hinchinbrook, NSW, 2168	Zeid Elmasri

Negotiation Evaluation Panel

The Negotiation Evaluation Panel consisted of Senior Development Manager Ruma McCracken, Project Supervisor Nicole Barton, Project Support Officer Eliza Ecob, Project Supervisor James Craig and was chaired by Project Lead Mitchell Sammut. Laura Stott from Council’s Procurement team performed the role of negotiation administration and probity officer.

Tender Negotiation Process and Evaluation Criteria

The Negotiation Evaluation Panel provided the companies with plans and specifications and subsequently met with Ally Civil Pty Ltd, KK Civil Pty Ltd, Mack Civil Pty Ltd and Masport Civil Pty Ltd to review, negotiate, clarify and discuss the project.

Following this, Ally Civil Pty Ltd, KK Civil Pty Ltd, Mack Civil Pty Ltd and Masport Civil Pty Ltd were required to submit their offers using the VendorPanel tendering software, which clearly defined the response required against each of the evaluation criteria.

The submission and offers received were assessed using the evaluation criteria of:

• Conformance, Acceptance and Declaration

• Business References

• Completion of Forms Tender Price submitted

• Works Method and Program

• Compliance Statement

• Demonstrated Ability

• Financials

Previous evaluation had already identified compliance with the following from the companies selected for negotiations

• Company Profile

• Employment Policies

• Quality Assurance Systems

• Environmental Management Systems

• Work Health and Safety

Tender Negotiation Outcome

The Negotiation Evaluation Panel received one response submitted by Masport Civil Pty Ltd for the amount of $448,800.00 (excluding GST). The Negotiation Evaluation Panel agreed that Masport Civil Pty Ltd provided overall value to Council based on price and responses to the assessment criteria, clearly demonstrating their suitability to undertake the project.

The recommended company, Masport Civil Pty Ltd offer was selected based on their:

1. Compliance with the evaluation criteria,

2. Demonstrated ability to meet Council’s requirements; and

3. Competitive price for the services offered.

The pricing from Masport Civil Pty Ltd range is consistent with quantity surveyors report when factoring in escalation of market prices in recent tenders with sufficient funding for contingency.

Financial Implications

Due to the estimated low value of individual site contracts and the business is a current supplier sourced through the Local Government Procurement Panel with no issues, the Finance Team have not identified any reason why the contract should not be awarded.

The recommended tender cost is within budget and is funded under the Property Reserve.

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of James Symonds – Capital Projects Director, Adam Beggs – Governance Manager and Neil Farquharson – Financial Services Manager were briefed by the Design & Projects team about the background and the process followed.

The TAG considered the recommendations in relation to the Negotiation for the Erskine Park Urban Reinvestment Project, Erskine Park, the recommended company was the only submission, the company has demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council for the scale of this project. 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 tender process outlined in this report includes controls regarding probity and ensuring value for Council, overseen by the Tender Advisory Group. The works will be undertaken in accordance with Work Health & Safety systems. This project will ensure public safety as a key part of the construction methodology and project plan.

Conclusion

Following negotiations, the Negotiation Evaluation Panel received one response submitted by Masport Civil Pty Ltd. It is recommended that recommends that the offer from Masport Civil Pty Ltd, for the amount of $448,800.00 (excluding GST) be accepted for Erskine Park Urban Reinvestment Project, Erskine Park.

RECOMMENDATION

That:

1. The information contained in the report on Erskine Park Urban Reinvestment Project Negotiations be received.

2. The offer from Masport Civil Pty Ltd, for the amount of $448,800.00 (excluding GST) be accepted for Erskine Park Urban Reinvestment Project, Erskine Park.

3. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.

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 25 March 2024

RFQ 2324-064 Lewers Gallery Roof Repairs

Compiled by: Mitchell Sammut, Project Lead

Authorised by: Tracy Chalk, Design and Projects Manager

James Symonds, Capital Projects Director

Outcome	We manage and improve our built environment
Strategy	Plan for and maintain accessible, safe and high quality infrastructure
Principal Activity	Design and deliver Council’s major capital projects

Executive Summary

A selective tender for Lewers Gallery Roof Renewal, Emu Plains was advertised on Tuesday 13 February 2024 on the VendorPanel website and closed on Tuesday 5 March 2024.

This report advises Council of the outcome of the tender process and recommends that the tender from Westbury Constructions Pty Ltd, for the amount of $269,707.00 (excluding GST) be accepted for Lewers Gallery Roof Renewal, Emu Plains.

Background

Building works are required at the Lewers Gallery to repair and renew the existing roof area. The existing membrane is failing due to the multiple punctures and cuts around the surface area. Plans and specifications were produced for works including heritage considerations of a like-for-like replacement. Funding for the project is through Council’s Building Asset Renewal Program.

The selective tender was sent out to the RFT22/23-017 Building Maintenance and Minor Construction Works for the services of building contractors who have the experience in building heritage projects. The refurbishment works include;

• Demolition works of existing components

• Replacement of existing conduits and cables onto the new elevated cable trays

• Increase the size and fall of box gutters.

• Removal and make good 4x redundant skylights.

• Install new structural floorboard, new membrane, ceiling.

• Replacement of water damaged timber beam/s and the post

• Replace all stormwater downpipes leading onto membrane from surrounding roofs.

• Provide extra sumps

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Project Supervisor Olivia Choi, Project Support Officer Lee Moses, Building Asset Officer Christopher Hill, Senior Structural Engineer Sam Banagalage and was chaired by Project Lead Mitchell Sammut. Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

Evaluation Criteria

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

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

• Company Profile

• Conformance, Acceptance and Declaration

• Business References

• Completion of Forms Tender Price submitted

• Compliance Statement

• Works Method and Program

• Local Business Preference

The following was not assessed as it was previously assessed in the RFT22/23-017 Building Maintenance and Minor Construction Works:

• Demonstrated Ability

• Employment Policies

• Quality Assurance Systems

• Environmental Management Systems

• Work Health and Safety

• Financials

Summary of Quotes Received

A total of four (4) tenders were received by the closing date of the advertised tender and are listed below in price order (ex GST).

Company	Tendered Price	Company Address	Owners/Directors
Westbury Constructions Pty Ltd	$269,707.00	16 Rob Pl Vineyard, New South Wales 2765	Darren Price
Progroup Management Pty Ltd	$389,998.00	32 Delhi Rd	Progroup Management Pty Ltd
Chips Property Trade Services Pty Ltd	Non-conforming	Unit 1, 442 Victoria St Wetherill Park NSW 2164	Paul Giordano, James Axiak
Maincom Services PTY LTD	Non-conforming	a/24-26 Cassola Pl Penrith, New South Wales 2750	Jon Holgate

Evaluation of the Preferred Tender

Chips Property Trade Services Pty Ltd and Maincom Services PTY LTD submissions were non-conforming as they didn’t provide a methodology of the project to demonstrate their understanding of the works therefore, were excluded from further assessment

The remaining two tenders were assessed against the evaluation criteria.

On assessment of the submissions, the panel determined that Westbury Constructions Pty Ltd provided the best overall value to Council based on price and responses to the assessment criteria, clearly demonstrating their suitability to undertake the project.

Westbury Constructions Pty Ltd are a part of Council’s Building Maintenance and Minor Construction Works for the services of building contractors who have the experience in heritage building projects including.

• The Hills Shire Council, Balcombe Heights Estate - completed various heritage restoration works for Balcombe Heights that involved ceiling restoration works, flooring, painting, and new additions. Project value was $350,000.

• Fairfield City Council, Fairfield Showground Heritage Grandstand Upgrade project value $1.4M.

• Hawkesbury City Council, Howe House Veranda Restoration - refurbishment of existing heritage veranda. Project value was $78,000.

The recommended company, Westbury Constructions Pty Ltd was selected based on their:

1. Compliance with the tender evaluation criteria,

2. Demonstrated ability to meet Council’s requirements; and

3. Competitive price for the services offered.

The pricing from Westbury Constructions Pty Ltd is in a range consistent with tendered rates for RFT22/23-017 Building Maintenance and Minor Construction Works and opinion of probable costs when factoring in escalation of market prices in recent tenders.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Westbury Constructions Pty Ltd. 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.

The recommended tender cost is within budget and is funded under Council’s Building Asset Renewal Program.

The estimated maintenance and operational cost requirements for this project starts at $7,653 per annum. Council’s future asset maintenance budgets and asset renewal programs will be adjusted as per Council’s Budget Guidelines at completion of the project.

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of James Symonds - Capital Projects Director, Adam Beggs – Governance Manager and Neil Farquharson – Financial Services Manager were briefed by the Design and Projects team about the background and the process followed.

The TAG considered the recommendations in relation to the tender RFQ PCC2024-6 Lewers Gallery Roof Renewal noting that, the recommended tender was the lowest price, the company has demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council for the scale of this project. 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 tender process outlined in this report includes controls regarding probity and ensuring value for Council, overseen by the Tender Advisory Group. The works will be undertaken in accordance with Work Health & Safety systems. This project will refurbish the existing roofing with public safety a key part of the construction methodology and project plan.

Conclusion

Two tenders were assessed against the evaluation criteria. Westbury Constructions Pty Ltd provided the best price that also met the tender evaluation criteria to undertake the project. It is recommended that the proposal and lump sum price from Westbury Constructions Pty Ltd, for the amount of $269,707.00 (excluding GST) for Lewers Gallery Roof Renewal, Emu Plains.

RECOMMENDATION

That:

1. The information contained in the report on RFQ 2324-064 Lewers Gallery Roof Repairs be received.

2. The tender from Westbury Constructions Pty Ltd, for the amount of $269,707.00 (excluding GST) for Lewers Gallery Roof Renewal, Emu Plains be accepted.

3. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.

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 25 March 2024

RFT23/24-001 Asbestos Removal and Treatment Services

Compiled by: Adrian Estreich, Divisional Assurance and Security Operations Coordinator

Amy Dixon, Business Support Officer

Authorised by: John Gordon, Director - City Services

Outcome	We manage and improve our built environment
Strategy	Corporate Enablers
Principal Activity	Manage our mapping, data and geographical information systems to meet the organisation and community needs

Executive Summary

A tender for asbestos removal and treatment services was advertised on VendorPanel and e-tendering on Tuesday 26 September 2023 and closed on Wednesday 25 October 2023.

This report advises Council of the outcome of the tender process and recommends that a panel of licensed asbestos removal and treatment contractors be established including Beasy Pty Ltd, RMA Contracting Pty Ltd and EnviroPacific Services Limited.

Background

Penrith City Council has a responsibility to manage asbestos on Council owned assets (inclusive of land, road and buildings). This responsibility extends to the following:

· Responding to dumped asbestos matters

· Responding to legacy asbestos in soil matters

· Managing asbestos matters within buildings

· Managing both non-friable and friable asbestos matters

· Undertaking and acting as a principal contractor on remediation projects

To ensure Council complies with its legislative requirements and the outlined situations are managed in a manner which protects the health and safety of our community and workers, Council is obligated to engage suitably licensed asbestos removal contractors to remove asbestos or apply asbestos management treatments.

Council relies on the services of licensed asbestos removal contractors to keep workers and the community safe. As such, the quality of their work and methodologies they employ are critical to outcomes achieved when managing asbestos. In addition, it is a legal requirement that the engaged contractors have the relevant licenses from SafeWork NSW. In turn, it is important that they have experience in the types of asbestos matters experienced by Council.

This tender was prepared to establish a panel of licensed asbestos removal and treatment contractors that can provide the abovementioned services.

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Adrian Estreich – Divisional Assurance and Security Operations Coordinator, Jonathan Page - Asbestos Management Officer, Alison Pearson, Security Operations Officer and was chaired by Murray Halls – Acting City Presentation Manager. Laura Stott from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

Tender Evaluation Criteria

The selection criteria advertised and used in selecting the successful tenderer were:

1. Demonstrated Ability

2. Financial

3. Employment Policies

4. Quality Assurance Systems

5. Environmental Management

6. Work Health & Safety

Summary of Tenders Received

A total of ten (10) tenders were received by the closing date of the advertised tender. The 10 tenderers were:

Company	Company Location	Director/Company Owner
Absolute Environmental Services Pty Ltd	49-51 Mitchell Rd Brookvale, New South Wales 2100	Andrew Konarev
ADE Consulting Group Pty Ltd	6/7 Millennium Court, Silverwater NSW, 2128	Ross Nefodov
Beasy Pty Ltd	16 Orchardleigh Street, Yennora	Bret Baker
Empire Contracting Pty Ltd	81 Henry Street, Penrith NSW	David George Stephen Simpson
EnviroPacific Services Limited	Level 5/123 Epping Rd, Macquarie Park, NSW 2113	David Tucker Patrick Elliot Tony Shepherd AO Greg Robertson John Murphy Cameron McLean Bing Jiang
InSite Remediation Services Pty Ltd	Unit 10, 3 Box Road, CARINGBAH NSW 2229	Greg Dick Tim Dick Paul Cheadle Gary Davoren Mario Mirabitur
Integrated Environmental Pty Ltd	351 Londonderry Rd Londonderry NSW 2753	Paul Paciullo
Mack Civil Pty Ltd	5 / 111 Boundary Road, Peakhurst, NSW 2210	Karim Mahmoud
RARE Environmental Pty Limited	110/117 Old Pittwater Rd, Brookvale NSW 2100	Rhys Blackburn
RMA Contracting Pty Ltd	Level 34, 32 Turbot Street, Brisbane QLD 4000	George Jabbour Andrew Mayes Ross Mitchell

Tender Review Process

Each tender was reviewed using a systematic approach which included: Review of Demonstratable Ability.

All tenderers were assessed against the following demonstratable ability criteria:

Demonstrated that the tenderer holds the required SafeWork NSW licenses	NSW Legislation has strict licensing requirements relating to asbestos that must be complied with.
Local Government Experience and Previous Similar Work	Asbestos related work can vary between industries. As such, the panel reviewed and assessed the tenderer’s experience in dealing with similar asbestos related matters faced by Penrith City Council. The tender required examples to be provided for each of the following categories: · Legacy and illegally dumped asbestos · Asbestos in buildings · Friable Asbestos · Remediation
Demonstrated Timeframes	Asbestos matters generally require urgent responses and as such, the tenderers were required to outline that they could provide a 24 hours, 7 days a week service. In turn, they were required to demonstrate that they had sufficient licensed asbestos supervisors and labourers to undertake the work required by Council.
Key Personnel and Experience	It is critical to ensure a company engaged under this panel has suitably qualified staff and depth to allow consistent 24 hour, 7 day a week service. Companies were required to demonstrate that they have depth in their staff with the required qualifications and training to provide the service required by Council.
Use of sub- contractors	The use of sub-contractors was also considered. Where the sub-contractors are used it can create additional project management requirements for Council during each incident and as such, it was viewed more favourably if tenderers did not rely on sub-contractors to deliver the required service or provided detailed responses to how any sub-contractors would be managed.

Work Health and Safety

Asbestos Removal is regulated under the Work Health and Safety Act 2011 and associated Regulations. As such, consideration of each company's Work Health and Safety submission was considered a critical component of the overall assessment.

This assessment was conducted by Council’s Work Health and Safety Team.

Assessment Summary

Each company was scored against each of the nominated criteria based on the panels review of their submission.

A key consideration of this tender was the demonstrated ability and experience of the tenderer to undertake a wide range of asbestos related works. These include:

• Responding to dumped asbestos matters

• Responding to legacy asbestos in soil matters

• Managing asbestos matters within buildings

• Managing both non-friable and friable asbestos matters

• Undertaking and acting as a principal contractor on remediation projects

Another consideration was the capability of the company to perform works without the need to use sub-contractors. This included the use of plant and equipment. Council’s experience in asbestos management has found that those that do not have direct access to plant and equipment may not be able to meet our needs in terms of emergency works or work outside of normal working hours.

Based on the information provided by each tenderer, the assessment found that most tenderers demonstrated the ability and suitable experience to meet one or two of the above asbestos related works. The companies who scored higher demonstrated the ability and experience across full range of asbestos related works required by Council.

There were two local tenderers. The assessment of their submissions scored considerably less than the recommended panel of contractors.

It is important to note that the due to the complex nature of asbestos management and the inherent worker and community risks associated with this work, the submissions provided by each tenderer to address their demonstrated ability and experience to meet Council needs was given priority over pricing. The panel agreed that it was more important to ensure that Council had a highly capable contractor panel that provided confidence, than basing a decision on pricing alone.

In relation to the pricing schedule, the services covered in this tender are covered by hourly rates and as such, it was important to ensure adequate consideration was given to how long the service would take to perform, cost of ancillary items (such as machinery) and how many people would be involved in the service. To assist with this review, several pricing scenarios were provided to each tenderer.

The scenarios related to various removal situations involving mixed waste with asbestos, special waste involving asbestos, removal of asbestos on a Council building and managing several removal jobs in the one day.

The following table outlines the annualised pricing and presents the tenderers in ranking order based on their overall tender score which includes both price and non-price attributes, with RMA Contracting Pty Ltd being the highest ranked tenderer.

Company	Annualised Pricing
RMA Contracting Pty Ltd	$1,217,210.02
Beasy Pty Ltd	$1,297,140.00
EnviroPacific Services Limited	$2,142,404.00
RARE Environmental Pty Limited	$2,346,260.00
InSite Remediation Services Pty Ltd	$2,020,810.20
Mack Civil Pty Ltd	$2,020,222.88
Empire Contracting Pty Ltd	$2,234,694.00
Absolute Environmental Services Pty Ltd	Unable to provide an annualised figure based on tender submission
Integrated Environmental Pty Ltd	$1,676,600.00
ADE Consulting Group Pty Ltd	$1,262,810.00

Note: The annualised figure is based on the average asbestos workload experienced by Penrith City Council.

Evaluation of the Preferred Tenderers

Based on the evaluation process outlined above, it is recommended that a panel be established to provide the services outlined in the tender. The panel will be established as follows:

Emergency Works (ranking applies)

1. RMA Contracting Pty Ltd

2. Beasy Pty Ltd

3. EnviroPacific Services Limited

Quoted Works

For quoted works up to $250,000, all companies on the panel will be provided an opportunity to quote, with a decision being made on each quote based on price, timeframes and methodology. For projects above $250,000, Council’s Procurement Policy will be followed.

Suitable operational procedures will be established to monitor contract performance and to ensure each company is provided equal opportunities across the scope of the service.

Tender Advisory Group Comment

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Adam Beggs – Governance Manager and Neil Farquharson – Financial Services Manager were briefed by the Divisional Assurance team about the background and the process followed.

The TAG considered the recommendations in relation to the tender RFT 23/24-0001 Asbestos Removal and Treatment Services noting that, the recommended tender was the lowest price, the company has demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council for the scale of this project. 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.

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.

The estimated annual cost of asbestos removal and treatment is $1.3 million. The services provided for in this tender will be funded from within current operational and maintenance budgets as required.

Risk Implications

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

The services outlined in this tender have been the subject to a risk assessment and will assist in addressing the asbestos related risks on Council’s Risk Register.

Conclusion

Three companies were short-listed based on a range of price and non-price criteria. It is recommended that the following companies be placed on a panel to provide the services outlined in the tender:

1. RMA Contracting Pty Ltd

2. Beasy Pty Ltd

3. EnviroPacific Services Limited

The panel will be established as follows:

Emergency Works (ranking applies)

1. RMA Contracting Pty Ltd

2. Beasy Pty Ltd

3. EnviroPacific Services Limited

Quoted Works

For quoted works, all companies on the panel will be provided an opportunity to quote, with a decision being made on each quote based on price, timeframes and methodology.

RECOMMENDATION

That:

1. The information contained in the report on RFT23/24-001 Asbestos Removal and Treatment Services be received.

2. A panel of experts for asbestos removal services be established that includes RMA Contracting Pty Ltd, Beasy Pty Ltd and EnviroPacific Pty Ltd.

3. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.

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 25 March 2024

Summary of Investments & Banking for the period 1 February 2024 to 29 February 2024

Compiled by: James Legarse, Treasury and Operations Accountant

Authorised by: Neil Farquharson, Financial Services Manager

Matthew Bullivant, Director - Corporate Services

Outcome	We have open and collaborative leadership
Strategy	Deliver an efficient, transparent and accountable service to the community
Principal Activity	Support financial sustainability through financial planning and budget management and provide accurate reporting to the community

Executive Summary

This report on the Summary of Investments & Banking for February 2024 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (the Act) (Section 625) and the Council’s Investment Policy.

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

The report provides a summary of investments for the period 1 February 2024 to 29 February 2024 and a reconciliation of invested funds as at 29 February 2024.

The investment returns versus the benchmark as a percentage for February 2024 are:

• Council portfolio current yield (including FRNs) 4.94%

• Council portfolio annualised yield to date 4.56%

• 90-day Bank Bill Swap rate (Benchmark) 4.34%

• Enhanced 90-day Bank Bill Swap Rate (Benchmark: BBSW+20bps) 4.54%

• Original Budget estimated return (2023/24 Financial Year) 3.65%

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

Current Situation

A Summary of Investments is shown in Appendix 1, including Economic Commentary for February 2024, Historical Investment Performance Analysis tables and charts, a reconciliation of Invested Funds for February 2024 and various Investment Summary and Investment Portfolio analysis tables and charts.

The Reserve Bank of Australia (RBA) met on 6 February 2024, being the most recent announcement as at writing of this report, and the Board decided to keep the Cash Rate at 4.35%. The Board’s decision to hold the Cash Rate is in response to the lower inflation rate result, as forecasted, for the last quarter of 2023. This will further provide some time to assess the impact of the increase in interest rates to date and the economic outlook. While the economy has been experiencing a period of below-trend growth, the inflation rate of 4.10% remains too high for the RBA. The Board still aims to bring the inflation back to the target range of 2 to 3 per cent; hence a potential further Cash Rate increases are not out of the picture.

Financial Implications

Adopting the recommendations of this report confirms Council’s investment returns are favourably exceeding the Original Budget, as well as outperforming the benchmark for the month. More detailed Financial Implications are contained in Appendix 1.

Risk Implications

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

Conclusion

This report confirms that the Council’s investments have been placed in accordance with relevant legislation/regulations, the Council’s Investment Policy and highlights the Council’s investment performance for February 2024. Additionally, the report assures the Council that Council’s Cash Book and Bank Statements have been reconciled.

Certificate of Responsible Accounting Officer

I hereby certify the following:

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

2. The Council’s Cash Book and Bank Statements have been reconciled as at 29 February 2024.

Matthew Bullivant

RECOMMENDATION

That:

1. The information contained in the report on Summary of Investments & Banking for the period 1 February 2024 to 29 February 2024 be received.

2. The Council’s Cash Book and Bank Statements have been reconciled as at 29 February 2024.

ATTACHMENTS/APPENDICES

1. ⇩

Investment Report as at 29 February 2024

6 Pages

Appendix

Ordinary Meeting 25 March 2024

1 Presence of the Public

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

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

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

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

The matters and information are the following:

(a) personnel matters concerning particular individuals;

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

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

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

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

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

· reveal a trade secret.

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

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

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

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

The grounds must specify the following:

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

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

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

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

The process which should be followed is:

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

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

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

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

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

RECOMMENDATION

That:

Outcome 5

2 Commercial Matter - Leasing of Shop 3/564 High Street Penrith from Marjen Superannuation Pty. Limited for use as Public Toilet Amenities

3 158-164 Old Bathurst Rd, Emu Plains - Update

-	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 2023-24 Annual Statements are presented
∞	Meeting at which any comments on the 2023-24 Annual Statements are adopted
+	Meeting at which the Annual Report is presented
>	Briefing to consider Budget, draft fees & charges and corporate document