Agenda of Policy Review Committee Meeting

UNCONFIRMED MINUTES

?OF THE POLICY REVIEW COMMITTEE MEETING OF PENRITH CITY COUNCIL HELD IN THE PASSADENA ROOM, PENRITH

ON MONDAY 12 AUGUST 2013 AT 7:06 PM

PRESENT

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

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 8 July 2013

PRC 42? RESOLVED on the MOTION of Councillor Tricia? Hitchen seconded Councillor Ben Goldfinch that the minutes of the Policy Review Committee Meeting of 8 July 2013 be confirmed.

DECLARATIONS OF INTEREST

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest ? Less than Significant in Item 1 - Development at Penrith Lakes Scheme: Representations from the Nepean District Historical Society regarding Birds Eye Corner and Item 6 - Storage Facility at Peppertree Reserve and Netball Courts at Boronia Park as he works for the Minister for Sport and Recreation who?s portfolio covers both items.

Mayoral Minutes

1??????? Council wins Health Community Award at 2013 Local Government Awards????????????

PRC 43? RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the Mayoral Minute on Council wins Health Community Award at 2013 Local Government Awards be received.

DELIVERY PROGRAM REPORTS

Outcome 2 - We plan for our future growth

PRC 44? RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Jackie Greenow OAM that Item 2 - Fernhill Development Application 13/0653 - lot consolidation subdivision and events be considered first.

2??????? Fernhill Development Application 13/0653 - lot consolidation subdivision and events

Development Services Manager ? Paul Lemm introduced the report and invited Brenda Tripp to give a presentation.??????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

PRC 45? RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish that the information contained in the report on Fernhill Development Application 13/0653 - lot consolidation subdivision and events be received.

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

For	Against
Councillor Greg Davies
Councillor John Thain
Councillor Maurice Girotto
Councillor Michelle Tormey
Councillor Jackie Greenow OAM	????????????????????????????????????????????????????????
Councillor Ross Fowler OAM
Councillor Ben Goldfinch
Councillor Tricia Hitchen
Councillor Bernard Bratusa???
Councillor Jim Aitken OAM
Councillor Kevin Crameri OAM
Councillor Marcus Cornish
Councillor Mark Davies
Councillor Prue Car
Councillor Karen McKeown

1??????? Development at Penrith Lakes Scheme: Representations from the Nepean District Historical Society regarding Birds Eye Corner

Having previously declared a Non Pecuniary Conflict of Interest ? Less than Significant, Councillor Bernard Bratusa left the Meeting, the time being 7:57pm. ????????????????????????????????????????????????????????????????????????

PRC 46? RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish

That:

1. The information contained in the report on Development at Penrith Lakes Scheme: Representations from the Nepean District Historical Society regarding Birds Eye Corner be received.

2. A meeting be organised between Council, the Department of Planning and Infrastructure, Penrith Lakes Development Corporation, the Minister for Sport and Recreation, Graham Annesley MP and the Office of Environment and Heritage to discuss a number of issues at the Penrith Lakes scheme site.

3. A further report be brought to a future Policy Review meeting on the outcomes of this meeting.

Councillor Bernard Bratusa returned to the meeting the time being 8:10pm.

Outcome 4 - We have safe, vibrant places

3??????? Queen Street St Marys Streetscape Improvement Plan?????????????????????????????????????????????????

PRC 47? RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Prue Car

That:

1.???? The information contained in the report on Queen Street St Marys Streetscape Improvement Plan be received.

2.???? The Draft St Marys Streetscape Improvement Plan be endorsed for public exhibition.

4??????? Our River

Councillor Maurice Girotto left the meeting the time being 8:13pm.

Councillor Maurice Girotto returned to the meeting the time being 8:14pm.???????????????????????????????

PRC 48? RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia? Hitchen

That:

1.???? The information contained in the report on Our River be received.

2.???? Council endorse the draft Our River Masterplan for public exhibition.

Outcome 5 - We care about our environment

5??????? Penrith City Council's Draft Water Sensitive Urban Design (WSUD) Policy

Executive Manager- Environment and City Development Wayne Mitchell gave a brief overview of the policy. ???

PRC 49? RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

That:

1.???? The information contained in the report on Penrith City Council's Draft Water Sensitive Urban Design (WSUD) Policy be received.

2.???? That the draft Water Sensitive Urban Design (WSUD) policy be on public exhibition for 30 days to seek comment from the Community and relevant industry groups.

Outcome 6 - We're healthy and share strong community spirit

Having previously declared a Non Pecuniary Conflict of Interest ? Less than Significant Councillor Bernard Bratusa left the Meeting, the time being 8:23pm.

6??????? Storage Facility at Peppertree Reserve and Netball Courts at Boronia Park??????????????

PRC 50? RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

That:

1. The information contained in the report on Storage Facility at Peppertree Reserve and Netball Courts at Boronia Park be received.

2. The shortfall in funding for the Storage Facility at Peppertree Reserve, totalling $14,788 be allocated from East Ward Voted Works.

3. The shortfall in funding for two sealed Netball Courts at Boronia Park be funded through an allocation of $20,781 from East Ward Voted Works and the remaining $15,000 be funded equally from North and South Ward Voted Works.

?Councillor Bernard Bratusa returned to the meeting the time being 8:28pm.

URGENT BUSINESS

UB 1????????? Leave of Absence - Ross Fowler OAM ?????????????????????????????????????????????????????????????????

Councillor Ross Fowler OAM requested Leave of Absence for the period 15 August 2013 to 27 August 2013.

PRC 51? RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Jim Aitken OAM that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor Mark Davies, ruled that the matter was urgent and should be dealt with at the meeting.

PRC 52? RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Jim Aitken OAM that Councillor Ross Fowler OAM be granted Leave of Absence for the period 15 August 2013 to 27 August 2013.

There being no further business the Chairperson declared the meeting closed the time being 8:37pm.

????

Policy Review Committee Meeting ???????????????????????????????????????????????????????????????? 9 September 2013

Rezoning Application RZ12/0001: 17-53 Caddens Road, Kingswood (The Knoll) - Results of Public Exhibition? ??

Compiled by:?????????????? Matthew Rose, Senior Planner

Authorised by:??????????? Paul Grimson, Manager - Strategic Planning ??

Outcome	We plan for our future growth
Strategy	Facilitate development that encourages a range of housing types
Service Activity	Plan for and facilitate delivery of release areas and urban renewal in the City

??????

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

Executive Summary

Urban Growth NSW (previously known as Landcom) has submitted an application for the rezoning of land located at 17-53 Caddens Road, Kingswood (the Site) for residential and public open space purposes.? The Site is more commonly known as ?Caddens Knoll? or the ?Knoll?.? The requested rezoning, which takes the form of Planning Proposal, will enable the subdivision of the Site to provide a low density residential development (of up to 45 lots) and the dedication of a proposed hill-top park as public open space.

This report provides a summary of the results of the public exhibition of the Planning Proposal and presents a detailed review of each of the submissions received.? The review of the Planning Proposal, including the supporting planning documents, technical studies, and the public submissions is complete.? This review concludes that the suite of planning documents adequately identify, assess and propose solutions to manage the potential impacts of the requested rezoning, including the maintenance of the privacy and amenity of existing homes, the effective management of stormwater run-off and the protection of the Cumberland Plain Woodland Vegetation on Site.? The review also demonstrates that there is no impact on traffic flow or the safety of all road users and pedestrians.

The Planning Proposal is supported by a draft Development Control Plan Chapter providing detailed planning controls for the Site and a Voluntary Planning Agreement that facilitates the embellishment and transfer of land to Council as public open space, the upgrade of Caddens Road along the southern boundary of the Site to the intersection with Bringelly Road, and all applicable development contributions.

The Planning Proposal, supported by the Development Control Plan Chapter and Voluntary Planning Agreement, is considered to provide an appropriate master planned approach that will provide a positive outcome for this otherwise underutilised remnant site.? Urban Growth NSW have sought to address the concerns of surrounding residents in a thorough and proactive manner which will result in the delivery of a high standard of residential development that protects the privacy and amenity of the existing homes that surround the Site.? The residential development also responds to Site?s challenging topography and the servicing constraint.? In addition, the suite of planning documents formalises the community?s desire to retain access to and use of part of the Site as public open space in perpetuity.?

There appear to be no constraints to progressing the Planning Proposal to the next stage of the rezoning process, that is, the drafting and publication of the amendment to Penrith Local Environmental Plan 2010.?? As such, this report seeks Council?s adoption of a final Planning Proposal and the draft Development Control Plan Chapter, and its permission for the General Manager to execute the Voluntary Planning Agreement.

Background

The land located at 17-53 Caddens Road, Kingswood (Lot 21 DP 1151724) (the Site) is more commonly known as ?Caddens Knoll? or the ?Knoll?.? The Site is a vacant, open grassed area with some vegetation, approximately 7.5 hectares in size.? The Site is located immediately to the north of the predominantly rural suburb of Orchard Hills and is bounded by residential development to the north, east and west, whilst Caddens Road runs along its southern boundary.? The Site also contains a topographical highpoint which rises approximately 12 metres above the immediately surrounding land.? Appendix 1 provides a location plan.

The Site is a residual lot that was created during the release and subdivision of the surrounding residential estate, now colloquially known as South Kingswood, in the 1970s.? The Site was not developed for similar residential purposes at that time because of a servicing constraint, namely the provision of potable water above a relative level of 72 metres Australian Height Datum (AHD).

The Site has been owned by Urban Growth NSW (or its predecessors) since 1982.? Urban Growth NSW is a development corporation whose stated aim is to create residential, commercial and industrial communities on both vacant land and established sites that not only deliver social and economic benefits to the State, but that also recognise the lifestyle and employment needs of the people of New South Wales.

Despite its private ownership, the Site is predominantly unfenced and has remained accessible to the surrounding community who have utilised it as passive open space.? The Site?s location on top of a hill provides uninterrupted views across surrounding suburbs and towards the Blue Mountains.? The community?s reaction to previous development proposals for the Site indicates a strong attachment to the Site as a potential public open space asset.

The site is currently zoned under two environmental planning instruments, Penrith Local Environmental Plan 1998 (Urban land) (LEP 1998) and Sydney Regional Environmental Plan No. 25 (Orchard Hills) (SREP25).? Appendix 2 provides a plan of the current zones.?

Approximately 11,000m² of the Site is zoned ?2(b) Residential? in Penrith Local Environmental Plan 1998 (Urban Land) (LEP 1998).? Under this zone, and the associated planning controls, development for the purposes of recreation areas and low density residential development (dwellings, dual occupancies and secondary dwellings) with a minimum lot size of 550m² are permissible.?

Only the part of the Site that could be serviced (up to 72 meters AHD) received the residential zone, with the remainder zoned ?1(a) Agricultural Protection? in SREP 25.? This zone and its associated planning controls make provision for recreation areas and 3 rural-residential lots (2 at 0.5-hectares and 1 at 5-hectares).? The rural-residential lots can all accommodate dwellings, dual occupancies and secondary dwellings.

In summary, the current planning controls provide the potential for up to 22 residential lots and 3 rural-residential/rural lots.? The current planning controls do not require the delivery of any public open space.?

Previous Considerations

Since at least 1982, the development of the site, for urban or rural purposes, has never been progressed.? The development of the Site in accordance with the current planning controls would result in a poor development outcome with residential lots distributed in two areas on either side of large rural lots.? The residential lots would be located immediately adjacent to and above existing properties without the space required to protect the privacy and amenity of existing homes.? Any development would also have limited connectivity with the surrounding road network.? As previously noted, the current planning controls do not require the delivery of any public open space.

Council considered the Site in Stage 1 of its City-wide Local Environmental Plan (the City-wide Plan), now published as Penrith Local Environmental Plan 2010 (LEP 2010).? However, in considering a submission from Urban Growth NSW?s predecessor, Landcom, Council resolved to defer the Site from LEP 2010 to allow Urban Growth NSW to pursue either a development application under the current planning controls or a rezoning application to deliver a different outcome.

In July 2011, Landcom lodged a development application seeking consent for a development of 9 residential lots (between 1,400-1,500m²) and 3 rural-residential lots (between 0.5-1 hectares).? The layout of the proposed development corresponded with the current zoning of the Site, with the residential lots located on either side of rural lots on the elevated parts of the Site.? The response to the development application revealed a strong community opposition to the proposed development, including representations to the State Member, Stuart Ayres MP.? The concerns at the time related to the loss of a perceived public open space asset, the loss of amenity for the existing residences surrounding the Site, and the impact of the proposed development on stormwater run-off and traffic.? The development application has not been determined.

Urban Growth NSW, in acknowledging and responding to these concerns and the servicing constraint affecting the Site, investigated alternative development outcomes.? The alternative outcomes submitted to date range from a proposal for 15 residential lots (between 1,100 ? 2,400m²) and one lot dedicated as public open space (approximately 4 hectares) to a proposal for 45 residential lots (between 650 ? 1,400m²) and one lot dedicated as public open space (approximately 2 hectares).? These alternative outcomes all require the rezoning of the Site.

The Current Proposal

Urban Growth NSW is seeking to rezone the Site to allow up to 45 lots.? This is an increase in the residential development currently permitted by the existing planning controls.? Urban Growth NSW also proposes rezoning approximately 2-hectares of the highest part of the Site, that area generally above a relative level 80 metres AHD, for dedication as public open space in the form of a ?Hill-top Park? (the Park).

As part of the planning investigations carried out for the Site, Sydney Water has confirmed that the servicing constraint has been overcome to an extent, advising that potable water can now be supplied to a relative level of 80 rather than 72 metres AHD.? Urban Growth NSW wish to take advantage of this improved service capacity and develop the Site as an extension to the existing residential area.? Urban Growth NSW have also recognised the community?s use of the Site as perceived public open space and have made provision to formalise this use by embellishing the proposed Park and dedicating it to Council.

The proposed rezoning of the Site will provide approximately 5.5 hectares of land for low density residential development and approximately 2-hectares of land for public open space.? The area of the Site identified for low density residential development is not affected by the identified servicing constraint.?

The draft Development Concept Plan (provided as Appendix 4) indicates that the Site could yield up to 45 lots, each containing a single dwelling.? The proposed density, size and layout of the lots, structured around two new internal roads extending from Casuarina Circuit and Angophora Avenue, are consistent with the existing residential area that surrounds the Site.? The remainder of the Site will be dedicated to the community as an embellished Park, the location of which assists in the retention of significant stands of trees.

Urban Growth NSW is also proposing the upgrade of Caddens Road along the southern boundary of the Site up to the intersection of Caddens Road and Bringelly Road.

The Planning Proposal

The Planning Proposal (provided under separate cover) prepared to deliver the proposed rezoning will, if endorsed, introduce new zoning, development standards and specific local provisions into LEP 2010; and repeal SREP 25.

The specific amendments to LEP 2010 introduce the ?R2 Low Density Residential? zone and associated land use table and a specific local provision limiting the total number of lots to be provided on the site to 45.? The local provision will also prohibit Dual occupancies and secondary dwellings to reflect the constraints presented by the Site?s topography and proximity to existing homes.? These amendments will be supported by appropriate development standards for lot sizes, floor space ratios and height of buildings.

LEP 2010 will also be amended to ensure that the ?RE1 Public Recreation? zone applies to the Park.? Appendix 5 indicates how the proposed zones will apply to the Site.

The Planning Proposal is accompanied by a number of supporting technical studies that present the results of assessment into ecology, traffic impacts and road safety, Aboriginal heritage, biodiversity, bushfire, servicing and infrastructure, stormwater management, and land contamination.? Urban Growth NSW has also provided the results of the separate community consultation exercises it undertook to support its 2011 development application and the current rezoning application.

Supporting Documents

It is intended that the amendments to LEP 2010 will also be supported by a specific ?Precinct Chapter? in Penrith Development Control Plan 2010.? A copy of the proposed DCP Chapter is provided under separate cover (The Planning Proposal).

This Precinct Chapter will provide controls on, amongst other things:

1.??? Dwelling location and orientation, especially for the lots adjacent to the proposed Hill-top Park;

2.??? Dwelling design to ensure it responds appropriately to the Site?s topography;

3.??? Landscaping and fencing (including green screens to existing dwellings);

4.??? Location of essential services; and

5.??? Park access, security, and pedestrian and cyclist desire lines.

Urban Growth NSW are also proposing a Voluntary Planning Agreement to secure the embellishment and transfer of the proposed Park to Council, the proposed upgrade of Caddens Road along the southern boundary of the Site to the intersection with Bringelly Road and all applicable development contributions (for cultural facilities, the Kingswood neighbourhood centre, footpaths, and district and local open space).? Attachment 5 provides a copy of the draft Voluntary Planning Agreement.

Results of the Public Exhibition

The public exhibition of the Planning Proposal took place between 6 and 31 May 2013 (4 weeks).? Council received five submissions in response to the public exhibition, which are summarised below.

Submission No	Supporting	No Objection but Raising Concerns	Objecting
1		?
2	?
3		?
4			?
5			?
Totals	1	2	2

The submission supporting the Planning Proposal (Submission No. 2) does so because of the proposed provision of the Park.

The submissions objecting to (Submission No?s 4 and 5) or highlighting concerns with the Planning Proposal (Submission No?s 1 and 3) raise the following issues:

1.?????? The impact on the privacy and amenity of existing homes, including the provision and effectiveness of landscape screening.

2.?????? The effectiveness of the proposed stormwater management solution.

3.?????? The impact of the proposed rezoning on traffic.

4.?????? The impact of the proposed lots on the accessibility and visibility of the proposed hill-top park.

5.?????? Lack of car-parking for visitors to the proposed hill-top park.

6.?????? Lack of rural quality of the proposed development.

Two of the submissions also make reference to the localised flood event in February 2012 that affected the Caddens Rise residential development and the properties on the western side of Kingscote Place.? Representatives of Urban Growth NSW, which is also the developer of Caddens Rise, have advised that the flood event was due to a severe rainfall event that occurred before the stormwater drainage infrastructure had been installed.

Of the Public Authority submissions received, only the submission made by the Office of Environment and Heritage (OEH) raised concerns with the proposed rezoning.? OEH state that the offset and protection measures proposed to manage the potential impacts of the proposed rezoning on the Cumberland Plain Woodland Vegetation (the Vegetation) on site are inadequate and have suggested that consideration be given to the application of the E2 Environmental Conservation zone to the Vegetation as an alternative measure.

A detailed review of each of the submissions is provided as Attachment 3.? This review concludes the following:

1.??? The planning studies supporting the Planning Proposal adequately identify, assess and propose solutions for the potential impacts of the proposed rezoning, including the maintenance of the privacy and amenity of existing homes, the effective management of stormwater run-off, and the protection of the Cumberland Plain Woodland Vegetation on the Site.? These solutions have been reviewed and are considered acceptable.? Subsequently, the planning controls to be introduced by the proposed rezoning have been drafted to deliver the proposed solutions.

2.??? The planning studies supporting the Planning Proposal demonstrate that there are no impacts on traffic flow or safety or pedestrian safety on the roads surrounding the Site.

3.??? The proposed lots (45) are required to balance the cost of:

a.??? The proposed subdivision, including the stormwater management system, landscaping and access roads (2);

b.??? The landscaping, embellishment and transfer of land as the proposed hill-top park to Council;

c.??? The upgrade of Caddens Road along the southern boundary of the Site to the intersection with Bringelly Road; and

d.??? Paying the full rate of development contributions (for cultural facilities, the Kingswood neighbourhood centre, footpaths, and district and local open space).

4.??? The proposed layout of the lots is required to respond to the constraints affecting the Site, including the supply of potable water and steeply sloping land.? Specific planning controls have been drafted for the lots addressing the proposed Park to ensure that new dwellings are orientated towards it to offer a level of passive surveillance and deliver an attractive surround to the Park.

5.??? Car-parking for visitors to the proposed Park is not required at this time as the Park is being provided as passive open space activated by walking and cycling tracks that will form an important link between other passive open space areas in Kingswood and Caddens.?

6.?????? Although the Site is located just to the north of the predominantly rural suburb of Orchard Hills, it is surrounded by residential development to the north, east and west and is not considered to offer any rural quality.? However, the Planning Proposal does recognise the scenic values of the Site, values that will be protected with the application of the RE1 proposed Public Recreation zone.

Urban Growth NSW also made a submission on the Planning Proposal, requesting minor amendments to the zone boundary between the proposed RE1 Public Recreation and R2 Low Density Residential zones to accommodate refinements to the proposed subdivision layout.? The requested modification to the zone boundary is considered to be minor in nature and does not alter the key elements of the Planning Proposal or the character of the future subdivision and use of the Site.

Conclusion

The review of the Planning Proposal, including the supporting planning documents, technical studies and the public submissions is complete.? This review concludes that the suite of planning documents adequately identify, assess and proposed solutions to manage the potential impacts of the requested rezoning, including the maintenance of the privacy and amenity of existing homes, the effective management of stormwater run-off and the protection of the Cumberland Plain Woodland Vegetation on Site.? The review also demonstrates that there is no impact on traffic flow or the safety of all road users and pedestrians.

The Planning Proposal, supported by the Development Control Plan Chapter and Voluntary Planning Agreement is considered to provide an appropriate master planned approach that will provide a positive outcome for this otherwise underutilised remnant site.? The planning documents will result in the delivery of a high standard of residential development that protects the privacy and amenity of the existing homes that surround the Site.? The residential development also responds to the Site?s challenging topography and the servicing constraint.

The Planning Proposal also formalises the community?s desire to retain access to and use of part of the Site as public open space in perpetuity.? This public open space, in the form of a hill-top park that commands uninterrupted views across surrounding suburbs and towards the Blue Mountains is considered to be a significant public asset

Other benefits of the Planning Proposal include the:

1.?? Retention and enhancement of a landscape feature and its associated scenic character.

2.?? Certainty provided to the surrounding community with regards to the future development potential of the Site.

3.?? Provision of ?in-fill residential development? that reflects the character of the surrounding residential development and makes use of existing infrastructure and services.? This assists Council in meeting its housing targets.

4.?? Upgrade of Caddens Road to an ?urban standard? along the Southern Boundary of the Site to the intersection between Caddens Road and Bringelly Road.

5.?? Resolution of a deferred matter in Council?s City-wide Local Environmental Plan and repeal SREP 25, further reducing the number of planning instruments applying to the Penrith Local Government Area.

There appear to be no constraints to progressing the Planning proposal to the next stage of the rezoning process, that is, the drafting and publication of the amendment to LEP 2010.? Council has sought and received the Minister for Planning and Infrastructure?s delegation of his plan making powers for this Planning Proposal.? Council?s endorsement of the Planning Proposal will mean that it can work directly with Parliamentary Counsel?s Office on the publication (gazettal) of the required amendments to LEP 2010.

Council also needs to adopt the draft Development Control Plan Chapter to ensure that it takes effect on the publication of the amendments to LEP 2010 and enter into the proposed Voluntary Planning Agreement.? Both of these documents need to be formalised to ensure that the proposed rezoning and eventual development are delivered in a comprehensive and coordinated manner.

RECOMMENDATION

That:

1.???? The information contained in the report on Rezoning Application RZ12/0001: 17-53 Caddens Road, Kingswood (The Knoll) - Results of Public Exhibition be received

2.???? Council endorse the Planning Proposal with the minor amendment to the boundary between the proposed RE1 Public Recreation and R2 Low Density Residential zones as requested by the proponent, Urban Growth NSW.

3.???? The Council note that the Planning Proposal, Development Control Plan and Voluntary Planning Agreement will continue to be refined and finalised prior to the publication of the necessary amendments to Penrith Local Environmental Plan 2010 under the Minister for Planning and Infrastructure?s delegated local environmental plan making powers.

4.???? Council adopt the draft Development Control Chapter so that it takes effect on the publication of the amendments to Penrith Local Environmental Plan 2010.

5.???? The General Manager execute the Voluntary Planning Agreement for the transfer and embellishment of the proposed hill-top park to Council, the upgrade of Caddens Road along the southern boundary of the Site to the intersection with Bringelly Road and all applicable development contributions, once it is publicly notified in accordance with the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulations 2000.

ATTACHMENTS/APPENDICES

1. View	Location Plan	1 Page	Appendix
2. View	Current Zones	1 Page	Appendix
3. View	Draft Development Concept Plan	1 Page	Appendix
4. View	Proposed Zones	1 Page	Appendix
5. View	Voluntary Planning Agreement for 17-53 Caddens Road, Kingswood	34 Pages	Attachments Included
6. View	Review of Submissions	55 Pages	Attachments Included

Policy Review Committee Meeting ???????????????????????????????????????????????????????????????? 9 September 2013

Rescission of Library Facilities and Glenmore Park Stage 2 Development Contributions Plans???

Compiled by:?????????????? Anthony Milanoli, Senior Environmental Planner

Authorised by:??????????? Paul Grimson, Manager - Strategic Planning??

Outcome	We plan for our future growth
Strategy	Ensure services, facilities and infrastructure meet the needs of a growing population
Service Activity	Maintain a contemporary framework of land use and contribution policies, strategies and statutory plans

??????

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

Executive Summary

The purpose of this report is to discuss the merits of rescinding the Library Facilities and Glenmore Park Stage 2 s94 Development Contributions Plans.

The Library Facilities Contributions Plan has applied since May 2001, however a Ministerial Direction on 13 January 2009 instructed all councils to cease levying contributions for library books and resources. Council complied with that instruction and has now expended all remaining contributions under the Library Facilities Plan. Given that contributions for library facilities can no longer be levied and the new Planning System White Paper also proposes prohibiting contributions for library facilities, it is appropriate that the s94 Plan be rescinded. If any further contributions are received under the Plan (through older development consents yet to be acted upon), these contributions will be used on books and resources, as described in the Library Facilities Plan.

The Glenmore Park Stage 2 (GP2) Development Contributions Plan has applied since November 2007. The Plan no longer needs to apply, however, as a Voluntary Planning Agreement (VPA) has been signed with GP2 landowners. The VPA will deliver the infrastructure which was to be provided under the s94 Plan. Given that an alternative, legally binding, infrastructure delivery mechanism is available, it is appropriate that the Contributions Plan be rescinded.

If Council resolves to rescind these s94 plans, the rescission will take effect upon relevant notices appearing in the local newspaper.

Background

Since commencing review of our s94 contributions plans in 2009, four of the 18 plans have been rescinded (North Cranebrook, Mount Vernon, Glenmore Park Stage 1 and Erskine Park Residential).? The completion of these plans has led to the allocation of more than $2.3 million on additional facilities across the City. Moreover, the recent review of the District Open Space s94 Plan resulted in a further $7 million in contributions being allocated to recreation facilities described in that Plan. In terms of our contributions processes, we have also adopted a new Works in Kind policy to clarify procedures for stakeholders and completed a development contributions register.

While Council has been reviewing its s94 plans and processes, the Department of Planning and Infrastructure (DP&I) has also been undertaking the same exercise at the State level. Since 2009 these changes have included requiring councils to review their plans, requiring new or amended s94 plans to be approved by DP&I and capping residential contributions. More recently, DP&I proposed changes to development contributions as part of the review of the White Paper on the NSW Planning System, as reported to Council.

Among the earlier DP&I changes to contributions planning was a Ministerial Direction in January 2009 that councils no longer impose s94 development contributions for library resources such as books, DVDs. etc. The consequences of this instruction for Council are explored below.

Library Facilities Development Contributions Plan

The Library Facilities Development Contributions Plan was adopted by Council on 7 May 2001. The Plan required additional residential development to pay a contribution towards extra library resources in recognition of the additional demand for such that arises from growing populations. Library resources funded by the s94 contributions include books, DVDs, audio CDs, toys, talking books, language education cassettes and special research oriented books.

Since the s94 Plan took effect in May 2001, contributions amounting to $2,125,000 have been collected. All contributions collected have now been spent in accordance with the Plan. Additional resources funded by Plan contributions have enabled our libraries to maintain collections at a high standard and accommodate the needs of additional residents.

In addition to the current prohibition on levying contributions for library resources, the White Paper on the new Planning System released in April 2013, also proposed excluding contributions for libraries and their resources when the new Planning Act takes effect in early 2014.

Given that:

-???? Council cannot currently impose contributions for library facilities;

-???? all contributions have now been spent;? and

-???? contributions for library resources will not be permitted under the new Planning Act

?it is timely that the Library Facilities Contributions Plan be rescinded.

If further library facilities contributions are paid under existing development consents, these contributions will be allocated to those resources described under the current Plan. This approach is consistent with legal advice and Council?s position regarding other rescinded s94 plans.

Glenmore Park Stage 2 Development Contributions Plan.

The Glenmore Park Stage 2 (GP2) Development Contributions Plan was adopted by Council on 5 November 2007. The Plan sought to impose contributions on new development within the urban release area to provide a broad range of infrastructure to meet the needs of the new community. Infrastructure proposed to be funded under the Plan included traffic and transport facilities, local roads, footpaths, cycleways, open space, riparian/creek corridors and community facilities.

On the date Council adopted the GP2 s94 Plan, it also entered into a Voluntary Planning Agreement (VPA) with GP2 landowners. This VPA addressed facilities beyond those included in the s94 Plan. These facilities include drainage, biodiversity and catchments, affordable housing and employment.

On 1 June 2009, the Minister for Planning capped contributions for new residential development in GP2 at $30,000 per dwelling. In response to the cap, Council and GP2 landowners entered into a second VPA in order to provide necessary infrastructure, achieve developer and community certainty, expedite development and ensure there was no infrastructure funding gap. This second VPA complements rather than replaces the first VPA.? The second VPA requires GP2 landowners to deliver infrastructure which had been required by the GP2 s94 Plan. The second VPA is a legally enforceable mechanism for achieving delivery of the traffic, transport, open space, drainage and community facilities required by Council to meet the needs of the new community.

With the signing of the second GP2 VPA, the GP2 s94 Plan is no longer required to ensure infrastructure delivery and hence it is appropriate that the s94 Plan be rescinded.

Since no development contributions were collected under the GP2 s94 Plan, there are no unutilised funds to allocate on projects.

Senior Legal Officer?s referral

Council?s Senior Legal Officer has reviewed the merits of rescinding the Library Facilities and GP2 contributions plans and confirms that the rescissions are appropriate and would not expose us to unreasonable legal risk.

Library Services Manager

Council?s Library Services Manager has been kept apprised of limitations applying to development contributions for library resources and ensured that funds have been spent consistent with the Plan requirements.

The reduction in s94 Plan funding for Library resources (amounting to an average of approximately $200,000 per year) will mean that either the extent of library resources acquired are reduced or alternative funding sources will need to be identified.

Next Steps

If Council resolves to rescind the Library Facilities and GP2 s94 contributions plans, the next step in the process would be to display two notices in the local newspaper advising the community firstly of Council?s resolution and in the second notice, the date on which the rescission takes effect. The s94 Plans would be rescinded on the date that the second notice appears in the newspaper.

Conclusion

The Library Facilities and Glenmore Park Stage 2 Development Contributions Plans no longer need to apply due to a Ministerial Direction and the signing of a VPA respectively. Given the plans are now redundant, it is appropriate that they be rescinded and accordingly, a recommendation to this effect is contained below. Rescinding the s94 plans continues our successful review of Council?s contributions processes and will result in one third of all plans having been rescinded in the past three years while ensuring delivery of the local infrastructure funded by those plans.

RECOMMENDATION

That:

1.???? The information contained in the report on the Rescission of Library Facilities and Glenmore Park Stage 2 Development Contributions Plans be received

2.???? The Library Facilities and Glenmore Park Stage 2 Development Contributions Plans be rescinded

3.???? Notices appear in the local newspaper advising the community of the rescission of the Plans, in accordance with the requirements of the Environmental Planning & Assessment Act and Regulations.

4.???? If any further Library Facilities Plan contributions are received in relation to existing development consents, these be allocated to additional library resources, consistent with those resources described in the Plan.

ATTACHMENTS/APPENDICES

There are no attachments for this report. ?

Policy Review Committee Meeting ???????????????????????????????????????????????????????????????? 9 September 2013

Amendments to the Penrith Valley Cemeteries Policy???

Compiled by:?????????????? Lynda Lowe, Cemeteries Supervisor

Authorised by:??????????? Yvonne Perkins, Public Domain Amenity and Safety Manager ??

Outcome	We have safe, vibrant places
Strategy	Improve our public spaces and places
Service Activity	Manage and maintain cemeteries under the care and control of Council using adopted Plans of Management

???????

Executive Summary

The Penrith Valley Cemeteries Policy is due for review in October 2013. Recent community expectations and demand have prompted a timely review of the current ?at need? only allocation of burial sites at the three (3) operational cemeteries of Penrith, St Marys and Emu Plains. This report proposes some changes to the current policy to allow limited pre purchase of burial sites at Council?s operational cemeteries.? The report also proposes some minor changes relating to the name of the policy (the deleting of the reference to Penrith Valley) and reference to new legislation to reflect the change to the Work Health & Safety Act in lieu of the Occupational Health & Safety Act.

The report recommends that the information contained in the report on amendments to the Penrith Valley Cemeteries Policy be received and that the amended Penrith Cemeteries Policy be adopted.?

Background

At a Policy Review Committee meeting on 22 November 2010, Council received a report that provided an update on the then current status of Penrith Cemeteries and a range of proposed actions to ensure a sustainable supply of burial/ashes placement sites for the Penrith Local Government Area.? An action adopted at that meeting included:

?The ?at need only? current practice at St Marys and Emu Pains that includes a clause that an adjoining plot, if available, can be purchased at the time of burial be applied to Penrith General Cemetery.?

On 26 September 2011 Council adopted the Penrith Valley Cemeteries Policy.? The Policy amalgamated a number of previously adopted individual policy items and/or actions (including the abovementioned action) and also contained a number of new policy items to support the management of cemeteries under the care of Council.

The policy currently states that ?All remaining burial sites at Penrith, St Marys and Emu Plains Cemeteries are allocated ?at need? by Penrith City Council Cemetery Operations (2.1.3.1.1)?

The aim of the ?at need only? purchasing was to restrict the buying up of large numbers of burial sites that were being on-sold or, in a number of cases, gifted to the family of deceased persons from out of the Penrith Local Government Area.? The buying of multiple burial sites was also attractive due to the relatively lower cost of burial sites than that of other cemeteries i.e., Pinegrove Cemetery. The practice also aimed at slowing the sale of burial sites to ensure a sustainable ?at need? supply.?

Current situation

In March 2011 a By-Law was introduced to amend the Crown Lands Act 1989 in relation to burial licences. One of the objectives of the By-Law 2011 amendment was to limit the granting of burial licences to no more than two (2) burial spaces per person.? It was thought when the policy was being developed that this By-Law further supported the restriction on the purchasing of multiple burial sites.?

It is now considered that the By-Law 2011 amendment to the Crown Lands Act 1989, incorporated into the Council Policy under the general statement in italics below, adequately addresses the issue of pre-purchase of tens of burial sites by individuals.?

?2.1 Compliance with Crown Lands Act 1989 and By-Laws there under;

This policy is aligned with the ?Crown Lands (General Reserve) By Law 200 and the Crown Lands (General Reserves) Amendment (Sustainable Burial) Bi-Law 2011? to ensure that the Crown Land Cemeteries administered by Penrith City Council work within a recognised legal framework.

Proposed changes to the policy would specify that persons/individuals may only pre purchase a maximum of two (2) new burial sites.?

Requests continue to be made for pre purchase at all three operational cemeteries.? The main reason that people want to pre-purchase burial sites is to make provision for their own funeral expenses.?? In many cases people want to make these arrangements themselves so as to not trouble their children with this task or leave any financial burden.?

By relaxing the ?at need? only purchasing, individuals can have the peace of mind of having their ?affairs in order? and families can pre-purchase nearby burial sites if they want to be buried close to loved ones when the time comes.

The current status of available burial sites at the three operational Cemeteries is:

Emu Plains Cemetery:

???? 6 Presbyterian sites remaining only

St Marys Cemetery:

???? 22 Catholic sites remaining

???? 13 Anglican sites remaining

Penrith

???? Approximately 300 new monumental burial sites

???? In excess of 300 new lawn burial sites (existing and planned for 2013-14)

?? Through the use of non-denominational lawn burial sites and the land available for the development of future lawn sites, Penrith General Cemetery has the potential to service the community for another 50-70 years.

The proposed changes to the policy are outlined in the table below:

Current	Proposed change/addition
Policy Name: Penrith Valley Cemeteries Policy	Policy Name: Penrith Cemeteries Policy
2.1.3.1.1 All remaining burial sites at Penrith, St Marys and Emu Plains Cemeteries are allocated ?at need? by Penrith City Council Cemetery Operations.	Delete
	Replace with: 2.1.3.1.1. Pre purchase (reservation) of new burial sites within operational cemeteries is limited to a maximum of two (2) burial sites per person.? Proof of identity may be requested.
2.1.3.1.2 The provision of pre-purchase of an adjoining burial site will only be available to families of a deceased at time of burial. The family of a deceased can purchase an adjoining burial site only if available. A burial licence will be issued by Council for this adjoining burial site.	Delete; not replaced.
2.4.7 When working in council cemeteries, providers are not considered to be employees of Council, they are still subject to a statutory duty (Occupational Health & Safety Act 2000, Section 8 (2)) of care and the maintenance of Occupational Health &Safety legislation.	Delete
	Replace with: When working in council cemeteries, providers are not considered to be employees of Council, they are still subject to a statutory duty (Work Health & Safety Act 2012, Section 19 (2)) of care and the maintenance of Work Health & Safety legislation.

Conclusion

As discussed in this report continued requests from individuals wishing to purchase one or two burial sites within the three operational Penrith cemeteries continues. The majority of these enquiries are from residents of the Penrith Local Government Area. Having some understanding and empathy for the rationale of these requests, it is proposed that changes to the Cemeteries Policy be considered for adoption. Other changes are minor and relate to a change of name of the policy and another minor adjustment that reflects changes to the NSW Legislation on Work Health & Safety.?

It is considered that with Council?s compliance with the Crown Lands Act 1989 and the By-Laws thereunder, the changes to relax the ?at need? only clause within the Council Policy may have an immediate effect on St Marys & Emu Plains Cemeteries that are very close to capacity.? It is not expected that there will be any adverse effect on the sustainability of the supply of burial sites within Penrith General Cemetery.

RECOMMENDATION

That:

1.???? The information contained in the report on Amendments to the Penrith Valley Cemeteries Policy be received.

2.???? Proposed changes to the Penrith Valley Cemeteries Policy as outlined in the report be adopted.?

ATTACHMENTS/APPENDICES

There are no attachments for this report. ?

Policy Review Committee Meeting ???????????????????????????????????????????????????????????????? 9 September 2013

Swimming Pool Barrier Inspection Program???

Compiled by:?????????????? Jonathan? Page, Supervisor Development Compliance

Authorised by:??????????? Tracy Chalk, Waste and Community Protection Manager ??

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

???????

Executive Summary

The New South Wales (NSW) Division of Local Government has recognised swimming pool safety as an important issue and in doing so has made significant amendments to the Swimming Pools Act 1992 (the Act). These amendments include new inspection fees and penalties, pool registration and certification and a requirement for local councils to develop an inspection program. The aim of these changes is to reduce drowning and near drowning instances of children under the age of five.

As per the amendment to the Act, local councils are required to develop an affordable and effective pool barrier program in consultation with the community. The program will also have an emphasis on providing relevant, up to date information to residents to assist in improving the safety of all swimming pools within the Local Government Area (LGA).

In response to the amendments to the Act, a draft Swimming Pool Barrier Inspection Program (Program) has been developed and is proposed to be placed on public exhibition. The Program that has been developed will be implemented in three phases based on legislative requirements, resourcing and perceived risk to the community.

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

The purpose of this report is to seek the endorsement of Council to place the draft Program on exhibition for public comment.

Background

Recent amendments to the Act have been designed to reduce instances of drowning or near drowning of children under the age of five in backyard swimming pools and spa pools.

The amendments to the Act include:

???????? An online state-wide register of swimming pools

???????? Mandatory registration of swimming pools by owners (by 29 October 2013)

???????? A certification system of compliance for all NSW swimming pools with the ability of Authorised Council Officers and private Accredited Certifiers to undertake inspections

???????? Mandatory inspection of pools associated with tourist/visitor accommodation and multi- occupancy dwellings (commencing 29 April 2014)

???????? Mandatory compliance certification to be obtained for properties with swimming pools before they can be sold or leased (commencing 29 April 2014)

???????? Requirement for councils to report annually on the number of swimming pool inspections undertaken and the level of compliance with the Act

???????? Requirement for councils to develop and adopt a locally appropriate and affordable inspection program in consultation with their communities by 29 October 2013

In recent months Penrith has been seen as an industry leader in pool safety. It is especially important to note that pool safety statistics in NSW have identified the Western Sydney region, including the Penrith LGA, as a ?Black Spot? in relation to pool safety. This Program aims to increase knowledge and understanding of general pool safety in the community and hopefully remove our ?Black Spot? status.

Promotion and Community Consultation

Council has been actively promoting the recent changes to the Act and consulting with the community to help guide the format of the Program. Council?s webpage has been updated to provide current information on the changes to the Act, including links to relevant government websites, information regarding swimming pool registration (including a direct link to the register), links to Penrith?s community consultation survey and Council?s newly developed Swimming Pool Safety Brochure.

Council has also held community consultation sessions at shopping centres across the LGA including South Penrith, Emu Plains, Glenmore Park, St Clair, Penrith and St Marys. These sessions were a key component of Council?s community consultation initiative that has helped guide not only the structure of the Program, but also identified further public education needs.

In addition, Council has provided further consultation and information to the community through:

???????? A pool safety display in the foyer of the Council?s Civic Centre and signage at Council?s St Marys Office.

???????? A mail-out of Council?s pool safety brochures and fact sheets to all parents with children attending Council owned child care centres

???????? Distribution of approximately 3,000 Swimming Pool Safety Brochures

???????? Community consultation survey emailed to all Council staff

???????? Front counter enquiries

???????? Promotional tape measures

???????? Information packages sent to 20 pool shops within the Penrith LGA

Further information will be distributed to the community during the remainder of 2013 and through to 2014 to further promote Council?s Program and pool safety.

Consultation Feedback and Results

The results of Council?s interactions with the public over the consultation period have provided some useful information. This information has not only helped guide the design of the Program, such as inspection regimes, but also identified areas requiring further education and promotion.? The public consultation survey is attached (refer to Appendix 1).

Resourcing

It is estimated that the Penrith LGA has approximately 20,000 properties with privately owned swimming pools and spa pools. It is unlikely that this number will be reflected in the state register after the 29 October 2013 deadline due to predicted high number of unauthorised pools and the reluctance of these and other residents to register.

While all members of Council?s Compliance Unit have contributed, currently only one Authorised Officer and an Administration Officer are actively engaged in the Program. Funding is available for another Authorised Officer to start in January 2014. These Authorised Officer positions are offered as a two year temporary position subject to a review of the Program and Council?s statutory requirement in the coming years.

The Act also enables Private Certifiers to issue Certificates in direct competition with Council. Whilst Private Certifiers are able to set their own inspection fees, Council?s fees are regulated at $150 for the initial inspection and only one reinspection of $100. It is highly likely that the private sector will charge higher fees than Council and it is expected that a significant portion of Certificate applications will be handled by Council.

There are also new Penalty Notices available within the Act. These Penalty Notices are only considered appropriate to issue for failing to register a pool, significant breaches of the Act and failing to ensure required safety upgrades are carried out in a timely manner.? As with other compliance actions within Council, these will only be used as a last resort if negotiations fail to achieve the required outcome.

Responsibilities

Council has a statutory obligation under the Swimming Pools Act 1992 to inspect swimming pools in its LGA, in accordance with the adopted Program. All inspections carried out on behalf of Council will be undertaken by Authorised Officers under the Act.

It is the responsibility of all swimming pool owners to register their swimming pool before 29 October 2013, on the NSW Division of Local Government Swimming Pool Register. Council will use the information contained in this register as reference material to assist in the operation of the Program.

Swimming Pool Barrier Inspection Program (Draft)

The Program (refer to Appendix 2) is relevant to all swimming pools regulated under the Swimming Pools Act 1992. A swimming pool under the Act is defined as:

Swimming pool means an excavation, structure or vessel:

(a)???? that is capable of being filled with water to a depth greater than 300 millimetres, and

(b)???? that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,

and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations not to be a swimming pool for the purposes of this Act.

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

The Program will be implemented in three phases based on legislative requirements, resourcing and perceived risk to the community.

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

An inspection of a swimming pool is to be carried out by Council, where any of the following circumstances exist:

???????? Complaints reported to Council of an alleged defective pool barrier

???????? Certificate is requested by a property owner

???????? Following up Notices issued by an Accredited Certifier

???????? Tourist/visitor accommodation and multi-occupancy dwellings (every three years)

???????? Certificate requested by an owner in relation to a property being sold or leased

???????? Proactive pool barrier inspections in priority areas

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

Inspection fees

The Act allows Council to charge fees for most functions of the Program.

An initial inspection fee of $150 will be payable by the swimming pool owner at the time of making an application or request to Council for a Certificate. An application will not be processed until payment of the application fee has been received by Council.

Where Council has initiated the need for an inspection, other than for a complaint, a $150 invoice will be forwarded to the owner of the swimming pool.

Where a re-inspection is necessary, a once only re-inspection fee of $100 will be payable by the swimming pool owner.

All inspection fees will be charged in accordance with the Act and Council?s schedule of fees and charges and are critical in financing the Program.

Penalty Infringement Notices

There are a range of Penalty Notices that can be issued by Council for non-compliance with the requirements of the Act. Such penalties will not be issued as an initial response to minor offences and are only considered appropriate to issue for significant non-compliances to ensure required safety upgrades are carried out in a timely manner. Any fines collected through this process will be directed towards the funding of the Program.

RECOMMENDATION

That:

1.?????? The information contained in the report on Swimming Pool Barrier Inspection Program be received.

2.?????? That the enclosed draft Swimming Pool Barrier Inspection Program is placed on public exhibition for 28 days and submissions be invited from the public.

3.?????? That following the period of public exhibition and due consideration and process of any submissions received, the Swimming Pools Inspection Program commences in accordance with the outlined amendments to the Swimming Pools Act 1992 (Act) and the Program.

ATTACHMENTS/APPENDICES

1. View	Results of public consultation survey - swimming pools	6 Pages	Appendix
2. View	Penrith City Council Swimming Pool Barrier Inspection Program	6 Pages	Appendix

Policy Review Committee Meeting ???????????????????????????????????????????????????????????????? 9 September 2013

Model Asbestos Policy for NSW Councils???

Compiled by:?????????????? Anthony Price, Environmental Health Coordinator

Authorised by:??????????? Graham Liehr, Environmental Health Manager ??

Outcome	We care for our environment
Strategy	Protect and improve our natural areas, the Nepean River and other waterways
Service Activity	Contribute to the protection and enhancement of the City's natural environment

???????

Executive Summary

In November 2012 the NSW Division of Local Government, Department of Premier and Cabinet published a Model Asbestos Policy for NSW Councils. This document is designed to assist councils develop their own policy and to promote a consistent approach to asbestos management by Local Government across NSW.

The model policy has been reviewed and is being adapted as a policy for Penrith City Council. This process involves the significant review of current procedures, consultation with a number of key department managers and staff across the organisation, clarifying department roles and responsibilities and a review of practices organisation wide. Department roles and responsibilities have been clarified and response procedures in relation to the discovery of asbestos on public land and incidents involving asbestos on private land are being improved.

The attached draft Asbestos Policy, based on the Model Asbestos Policy for NSW Councils has been prepared after an initial process of internal consultation. The policy provides detail on Council?s commitment to asbestos management. It is not intended to be a technical document however it will refer to relevant Council procedures. The policy development process has also been the catalyst for an organisation wide review of procedures relating to asbestos management. Some of the current review areas include Information Management, Work Health and Safety, Development Assessment and Stakeholder Engagement.

It is intended to consult further with external agencies prior to finalising the policy. A copy of the draft policy has already been provided to Mr Barry Robson, President of the Asbestos Diseases Foundation of Australia Inc, who has provided a positive review of the draft Penrith Asbestos Policy and his indicated his endorsement for this initiative.

This purpose of this report is to present the draft Penrith Asbestos Policy to Council and to seek support to proceed to external consultation. After this process the policy will be finalised and presented to Council for adoption.

Background

In November 2012 the NSW Division of Local Government, Department of Premier and Cabinet published a Model Asbestos Policy. This document is designed to assist councils develop their own policy and to promote a consistent approach to asbestos management by Local Government across NSW.

The Model Asbestos Policy was developed by the Local Government Shires Associations of NSW on behalf of the Heads of Asbestos Coordination Authorities Working Group. The Heads of Asbestos Coordination Authorities is chaired by the Chief Executive Officer, WorkCover NSW with representatives from:

? Department of Trade and Investment Regional Infrastructure and Services

? Department of Planning and Infrastructure

? Division of Local Government

? Ministry for Health

? Ministry for Police and Emergency Services

? Environment Protection Authority

? Workers Compensation Dust Diseases Board

? Local Government and Shires Associations of NSW

The Model Asbestos Policy addresses a number of important areas including:

? Roles and responsibilities of councils

? Other stakeholders involved in managing asbestos

? Naturally occurring asbestos

? Contamination of land with asbestos

? Responding to emergencies and incidents

? Council?s process for changing land use

? Council?s process for assessing development

? Managing asbestos waste

? Work Health and Safety responsibilities of council (including education and training)

? Identifying and recording asbestos hazards in the council workplace

? Managing asbestos related risks in the council workplace

? Accidental disturbance of asbestos by workers

? Councils? role in the disposal of asbestos waste

? Advice to tenants and prospective buyers of council owned property

Adapting the Policy

The process of adapting the model asbestos policy has been the catalyst for a significant review of current procedures, consultation with key department managers and staff, clarifying department roles and responsibilities and the review of practices organisation wide. A draft Asbestos Policy has been prepared based on the model policy after an initial process of internal consultation.

Department roles and responsibilities have been clarified as follows:

Development Services

? Assessment and approvals. Imposing appropriate building, demolition and waste management conditions.

Development Compliance Team

? Investigating matters relating to asbestos and building works, demolition, renovations and asbestos material on private land.

RID Squad

? Investigation of illegal dumping in the public domain including asbestos materials.

City Works

? Clean up of asbestos in the public domain (engagement of licensed contractors). Clean-up assistance if requested by the NSW EPA or Fire Brigade for major incidents.

Environmental Health Department

? General enquiries regarding asbestos

? Assessment and advice for land contamination and remediation proposals

? Advice and facilitating clean-up assistance by Council if requested by the NSW EPA or Fire Brigade for major incidents.

There has also been a review and enhancement of response procedures in relation to the discovery of asbestos on public land. The review of response procedures relating to incidents involving asbestos on private land has also commenced.

The policy provides detail on Council?s commitment to asbestos management. It is not intended to be a technical document; however it will refer to relevant Council procedures. The policy development process has been the catalyst for an organisation wide review of procedures relating to asbestos management. It is important to note maintaining comprehensive procedures is an ongoing task involving regular evaluation to ensure practices remain contemporary. Some of the current review areas include Information Management, Work Health and Safety, Development Assessment and Stakeholder Engagement.

Prior to finalising the policy it is also intended to consult further with external agencies such as WorkCover NSW, NSW Fire Brigade (HAZMAT), the NSW Environment Protection Authority (EPA), and the NSW Department of Health.

A copy of the draft policy has already been provided to Mr Barry Robson, President of the Asbestos Diseases Foundation of Australia Inc, who has provided a positive review of the draft Penrith Asbestos Policy and his indicated his endorsement for this initiative. Further consultation with the Asbestos Diseases Foundation of Australia Inc will be undertaken as part of the community consultation process.

It should be noted a significant amount of ongoing work will be required to underpin the policy including:

? Reviewing and where needed updating department specific Standard Operating Procedures and Work Health & Safety documentation such as Risk Assessments and Safe Work Method Procedures

? Regular staff training

? Reviewing and where needed updating asbestos registers and preparing asbestos management plans for all council buildings, facilities and land

? Reviewing and where needed improving document management procedures

? Developing an education and promotion program and resources

Conclusion

A draft Asbestos Policy has been prepared based on the Model Asbestos Policy for NSW Councils after an initial process of internal consultation. A copy of the draft policy has already been provided to Mr Barry Robson, President of the Asbestos Diseases Foundation, who has provided a positive review of the draft Penrith Asbestos Policy and his indicated his endorsement for this initiative.

The overall process of adapting the model policy involves the significant review of current procedures, consultation with key department managers and staff, clarifying department roles and responsibilities and the review of practices organisation wide. Department roles and responsibilities have been clarified and response procedures in relation to the discovery of asbestos on public land, and incidents involving asbestos on private land are being improved.

The draft policy provides detail on Council?s commitment to asbestos management. It is important to recognise these policy commitments need to be supported by appropriate procedures. The review of procedures is an ongoing task involving regular evaluation to ensure practices remain contemporary. Some of the current review areas include Information Management, Work Health and Safety, Development Assessment and Stakeholder Engagement. It is also intended to consult further with external agencies prior to finalising the policy.

Ongoing commitments to review procedures, training, registers and management plans, document management, and education and promotion have been flagged.

This report recommends that the draft policy be placed on public exhibition for 30 days to seek comment from stakeholders before finalising the document and returning it to Council at a later date for adoption.

RECOMMENDATION

That:

1.???? The information contained in the report on Model Asbestos Policy for NSW Councils be received

2.???? The draft Asbestos Policy be placed on public exhibition for 30 days to seek comment from stakeholders.

ATTACHMENTS/APPENDICES

1. View

Model Asbestos policy

70 Pages

Attachment

???

Policy Review Committee Meeting ???????????????????????????????????????????????????????????????? 9 September 2013

Penrith CBD Corporation Triennial Business Plan???

Compiled by:?????????????? Terry Agar, Acting Centres Co-ordinator

Authorised by:??????????? Jeni Pollard, Place Manager ??

Outcome	We are healthy and share strong community spirit
Strategy	Encourage social connections and promote inclusion in our community
Service Activity	Develop effective responses to the social impacts of growth, redevelopment and change

???????

Executive Summary

The new Penrith City Centre management entity, Penrith CBD Corporation (PCBDC) has prepared its draft Triennial Business Plan for Council?s consideration. This report outlines the background to the creation of the new corporation and provides an overview of the Triennial Business Plan.?

The report advises Council of the constitution of the PCBDC and also seeks Council agreement to the terms of the draft Deed of Agreement for the management of the operational and financial relationship between the parties.

An outline of the business plan will be presented to Council by the Chairman of the Penrith CBD Corporation, Owen Rogers.? The plan has been developed over some months of discussion and Council officers were consulted in the final drafting of the document.? Council?s support for the business plan is sought by the PCBDC.

Background

In 1998, Council adopted a unique model for the promotion and management of the Penrith City Centre and St Marys Town Centre.? The model involved the creation of the Penrith City Centre Association and the St Marys Town Centre Management Inc.? The ?Associations? were established as incorporated bodies to promote the economic development and interests of the businesses in the centres.? Under the terms of the then agreements with Council, the Associations were funded through a business sub-category rate and were essentially self governing with minimal Council oversight.

Council undertook a review of the management of the Penrith and St Marys centres during 2011 to determine whether the association?s model was achieving the desired outcomes of economic growth and maintaining the vitality of the centres.? Following this review Council endorsed the creation of a corporation structure led by a board representing a broad range of community interests.? The new governance model proposed a working agreement between Council and the corporations which required a commitment to develop a business plan to achieve a range of outcomes.?

?In late 2012, the process of implementing the findings of the review commenced with the creation of new governance arrangements and the selection of the board members for the two new centres corporations.?? The next steps in the finalisation of the new governance structure is the agreement by Council to the ongoing funding and performance assessment for the new corporations, the provisions of their constitutions and the scope of their 3 year business plans.

Since the commencement of the corporations in early 2013, the board members have been working on a range of activities and initiatives including preparation of their 3 year business plans to improve the development and performance of the Penrith and St Marys centres. To assist the corporation in their task, draft business plans were prepared by Council that provided suggestions to the boards.

This report includes an outline of the constitution and proposed funding agreement as well as an overview of the Triennial Business Plan. The chairperson of the board of the PCBDC, Owen Rogers will give a presentation on their 3 year business plan.

In the near future, the St Marys Town Centre Corporation will bring forward their plan to Council. The St Marys board has done a significant body of work over previous months and are working towards a comprehensive plan that is relevant to the opportunities and issues of the St Marys Town Centre.

Constitution

A draft company constitution was prepared by Council to assist the new Penrith corporation board with its registration with the Australian Securities and Investment Commission (ASIC).? The company was registered as the Penrith City Centre Ltd on 22 February 2013. A copy of the corporation?s registered constitution is in Attachment 1.? On 27 June 2013, the company changed its name to Penrith CBD Corporation Limited.

In accordance with the ASIC requirements, each board member has consented to act as a director of the company for the new corporation.

In summary, the constitution governs the following activities and functions of the boards:

???? Company objectives

???? Definition of terms and membership

???? Use of income and liabilities

???? Director positions and responsibilities

???? Powers of the Company and the directors; and

???? Meetings procedures.

The Deed of Agreement, discussed below, outlines a requirement for the corporations to consult with Council prior to any proposed changes to their constitution.

Deed of Agreement

Council?s Senior Legal Officer has drafted an agreement for endorsement by Council and the PCBDC.? The agreement secures ongoing funding for a term of 3 years and, subject to mutually agreed performance outcomes, allows for ongoing renewal.

The Deed of Agreement is a new approach to defining and clarifying the relationship with an entity of Council. The deed provides certainty to both parties about the expectations of Council and the autonomy of the Corporation.

In summary, the agreement specifies how the relationship between Council and the new corporations will be managed in the following ways:

???? Scope and objectives

???? Principles and protocols for working together

???? Relationship management structure and processes

???? Dispute resolution procedures

???? Insurance and liability requirements

???? Procedures for termination of the agreement.?

A key feature of the deed is that the corporation must prepare a draft Triennial Business Plan, including an annual plan which outlines their key activities and strategic directions for the period. Following endorsement of the Triennial Plan, the annual business plan is presented to Council for endorsement, triggering payment of funds.

A formal, independent review of the performance of the corporation in achieving their business plans will be undertaken in the third year of their agreement and prior to any new agreement being entered in to. To this end, Council has negotiated to withhold 3% of the annual operating funds of the PCBDC for the purpose of undertaking the review and also to support any training that Council requires the board to attend.

The deed also outlines a process for dispute resolution including an option for mediation if required. Unlike agreements with other entities, this deed also includes a 30 day termination clause which can be enacted by Council or the PCBDC. Arrangements are in place to ensure that this clause does not disadvantage the corporation when entering into lease agreements.

The PCBDC has been consulted about the deed during its preparation, have negotiated changes as they have felt appropriate and have indicated a willingness to enter into the agreement with Council.

A copy of the corporation agreement is in Attachment 2.

Triennial Business Plan

The Penrith Central Business District Corporation has prepared its Triennial Business Plan 2013-16 for Council?s consideration and is provided in Attachment 3.? The Deed of Agreement specifies that the PCBDC?s business plan must include:?

???? Confirmation of the scope and operation of the enterprise having regard to the available resources and objectives described in the constitution

???? An outline of the responsibilities of all parties that are involved in City Centre enhancement activities

???? Detailed statements of all identified City Centre enhancement activities and their resource implications including efficiencies and savings

???? Activities requiring additional resources are to be identified separately from those that will be able to be undertaken within current resources.

The PCBDC?s Triennial Business Plan 2013-16 has adopted a new vision for the corporation that reflects their desire to develop the CBD into a prosperous and lively place through collaboration. The corporation has a commitment to positive social outcomes for residents as well as enhanced economic outcomes for local businesses as articulated in their vision:?

?Activate key initiatives for new, dynamic growth. Create a sense of vibrancy, inspiration and togetherness in delivering economic and socially sustainable motives betterment?

This vision is underpinned by its three core outcome principles or values for the Penrith City Centre:

???? Activate by encouraging people to explore opportunities for entertainment, leisure and business at all times of the day and evening

???? Rejuvenate the? presentation of the businesses, building and public spaces

???? Populate with additional business customers, visitors and new businesses, and in the long term, more residents.

These bold outcomes are supported by a range of actions that will be undertaken over the next three year within the available and projected budgets. Key proposed actions include:

???? Regular entertainment and events in the refurbished Memory Park as well as other public spaces

???? A building facade and business presentation improvement program

???? Assisting new and established businesses to start and grow

???? Liaising with property owners to build trust that will support further investment in the CDB

???? Promotion of the Corporation?s achievements to property owners, businesses, Council and the community.

To assess the success of the actions, the business plan specifies a range of performance indicators that the corporation will use to review the outcomes and suggest any necessary changes to their approach.

The Triennial Business Plan also includes a range of contemporary governance actions to promote best practices as a public corporation.? An annual operations plan will be prepared detailing a monthly work program to help the board manage its responsibilities in an open and transparent way.?

Next Steps

The PCBDC have indicated that one of their actions in the first 12 months will be the development of a financial plan to methodically seek ways to boost the corporation?s income beyond the existing Business Sub-category rate income. This action will greatly assist the board in the future management of the Penrith City Centre.

The previous 12 months have been a period of upheaval and change for the city centre management. Many individuals, including board members and staff have worked hard to ensure that whilst planning and governance processes are in place, that activities and focus has remained on the CBD.

Earlier this year, the board voted to employ a CEO, Gai Hawthorn and a full time office manager, Sue McNally. Both of these staff members have worked with great enthusiasm over the last twelve months to keep the Penrith City Centre Association operating during the wind down period, supporting new board members to understand their role, pinning down major new initiatives in the business plan and maintaining an active presence in the CBD area. Earlier this year the corporation held a successful launch event, exciting a renewed interest in the centre management. Working with the board, the staff have brought a number of new initiatives to fruition during this period of change.

Overall the Triennial Business Plan represents the next steps in achieving the vision of the PCBDC, which is consistent with the vision of Council to revitalise the city centre as a keystone of a strong and vibrant regional city. The plan, underpinned by partnership and effective governance is comprehensive and achievable.

As outlined in the Deed of Agreement, the Triennial Business Plan is being presented to Council for endorsement.? At the conclusion of the first year of the plan the corporation have been asked to undertake a brief independent review of their performance against their plan. This review will inform their activities in Year 2 of their plan which will be brought back to Council before October 2014.?

Conclusion

It is anticipated the creation of the Penrith CBD Corporation will result in a more professional approach to the management of the Penrith City Centre.? The current board represents a diverse range of community interests which has resulted in business plan that takes the corporation into a number of new directions.

The proposed deed of agreement between Council and the Penrith CBD Corporation sets out a new partnership arrangement that will improve the joint management of the Penrith City Centre and enable the corporation to interact with other public and private agencies with more independent authority. The agreement recognises the need for the PCBDC to produce measurable outcomes over the next 3 years prior to a continuation of funding.

The PCBDC?s Triennial Business is a positive step towards addressing the myriad of challenges faced by the businesses, property owners and the general community in the Penrith City Centre.? The Triennial Plan positions the PCBDC as an initiator of actions to enhance the CBD as well as a key collaborator with Council in the revitalisation of the City Centre.

RECOMMENDATION

That:

1.???? The information contained in the report on Penrith CBD Corporation Triennial Business Plan be received

2.???? Council write to the Penrith CBD Corporations advising it that the Council supports its draft Triennial Business Plan

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

ATTACHMENTS/APPENDICES

1. View	Constitution of Penrith City Centre Limited	17 Pages	Attachment
2. View	Deed of Agreement - Penrith City Council & Penrith CBD Corporation	11 Pages	Attachment
3. View	Penrith CBD Corporation Triennial Business Plan 2013-2016	45 Pages	Attachment

???

Policy Review Committee Meeting ???????????????????????????????????????????????????????????????? 9 September 2013

2012-13 - Year in Review???

Compiled by:?????????????? Tanya Jackson, Corporate Planning Co-ordinator

Andrew Moore, Acting Executive Manager Corporate

Sue Kane, FS Secretary

Authorised by:??????????? Alan Stoneham, General Manager ??

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

???????

Executive Summary

This report outlines Council?s key achievements for 2012-13. It details the year?s highlights in implementing the final year of Council?s Delivery Program 2009-13.

In summary, significant works or projects delivered include:

} A substantial reduction in workers compensation claims representing a 25 year low

} $9.9 million capital works funded by development completed across the City

} Applications facilitating development to the value of $535 million determined, including the NRL Academy at Panthers, University of Western Sydney (UWS) Library and the Linfox Building at Erskine Business Park

} Ripples Leisure Centre, St Marys $ 2.3 million upgrade

} Memory Park, Penrith refurbishment

} $13 million multi-level North Penrith Commuter Car park

} $13.5 million funding under the Federal Government Suburban Jobs Program towards building the innovative Werrington Park Corporate Centre secured in partnership by UWS and the Penrith Business Alliance

} $6.6 million Erkine Park and Mamre Road intersection delivered

} Penrith Panthers site planning framework facilitating development of $850 million

} $2.7 million invested in building Council?s shared path network

} $50,000 secured from the Hawkesbury-Nepean Catchment Management Authority to undertake environmental management work in the Werrington Creek riparian corridor

} 438,000 sqm of road pavement has been resurfaced, resealed/re-sheeted or reconstructed

} The No Boundaries project, a large scale animated digital projection of artworks created by people with diverse abilities, attended by over 300 people

} More than 5,000 people ? or one-in 23 local adults participated in Council?s engagement program for reviewing the Community Strategic Plan

}? Rainbow Cottage Children?s Centre in Cambridge Park was the first out of school hours service in NSW to receive an Exceeding under the National Assessment and Rating System for the early childcare sector

}? September 2012 Council elections successfully managed with savings realised from previous years.

A review of water and energy savings implemented over the past 10 years has identified $4.1 million in direct savings, with more in indirect and ongoing savings.

A presentation accompanying tonight?s report will expand on the key achievements.

Background

The Community Plan, Delivery Program and Operational Plan provide a solid blueprint for the City?s future. The Delivery Program sets out Council?s four year program of works, to achieve the community?s long-term goals and aspirations for the City.? The Operational Plan outlines Council?s activities for the current year.

Council directly manages 44 services which are responsible for delivering Council?s work program. It is important to recognise Council?s internal services which support the provision of services directly to our community along with council?s Controlled entities that deliver a further 3 services.

?In terms of service delivery Council has continued to manage and maintain:

}? over 1,240 hectares of open space (which is greater than the entire area of North Sydney Council)

}? 46 sporting field venues with 105 fields

}? the use of sportsgrounds and recreation facilities for approximately 2 million visits at 105 sporting fields, 65 netball courts and 43 tennis courts, the Penrith Swimming Centre and? St Clair Leisure Centre

}? St Marys Ripples Leisure Centre? and Penrith Whitewater Centre

}? 402 parks comprising 14 district parks, 32 neighbourhood parks,? 70 local parks and 286 pocket parks

}? 125 playground sites

}? 1,070 individual sites that required mowing and other maintenance

}? 45 hectares of natural areas maintained and coordination of 9 volunteer bush care groups

}? 40 community centres, neighbourhood centres, youth centres, senior centres and? halls

}? 5 administration centres

}? 4 central and branch libraries

}? 3 operational cemeteries and 2 heritage cemeteries

}? 32 public toilets

}? 10 SES and bushfire sheds

}? approximately 1,160 km of road, 369 km of footpaths, 1,480 km of kerb and gutter and 140 car parks

}? 32 shops and offices and 1 residential property

}? 2 theatres and galleries

}? 27 Children?s Centres offering long day care, preschool, before and after school care, vacation care and occasional care services for children.

In terms of development and regulatory services Council has:

}? delivered 876 residential lots through subdivision approvals

}? determined 1,323 development applications, completed 385 construction certificates, determined 21 complying development certificates, and undertook 2,658 building inspections during construction

}? issued 56 engineering approvals including construction certificates for subdivision works in urban release areas and recorded 951 compliance inspections for subdivision works

}? inspected over 1,000 retail food premise inspections

}? removed 18,067 sqm of graffiti from Council buildings and assets, and 58,928 sqm from private property accessible from public spaces

}? removed 50,000 square metres of invasive weed species and planted over 5,000 indigenous species

}? removed 367 tonnes of waste from the stormwater drainage system, comprising 24% litter, 33% organics and 43% sediment

}? collected and disposed of 294.82 tonnes of bulk rubbish items

}? collected and disposed of over 31.4 tonnes of small litter and 122 tonnes of electronic waste

}? investigated 700 incidents of illegal dumping

}? delivered an increase in dog re-homing rates to 92%? (i.e. returned to owners, sold or sent to a rescue organisation).

Overall this has been undertaken while the Penrith economy continues to expand with Gross Regional Product being $6.8 billion in 2012, up 3.0% since 2011.

A more detailed overview of the organisation?s achievements for 2012-13 follows.

1.? ???? Awards

Council?s work has been acknowledged through a number of awards.

Sustainability Programs

}? Winner of the ?Overall Sustainable Council? award at the Keep Australia Beautiful NSW Sustainable Cities Awards

}? Winner of the 'Excellence in Sustainability' award at the Local Government Managers Australia NSW Excellence Awards

}? Finalist in the Green Globe 'Local Government Sustainability? Award

Community Safety and Youth Programs

}? The Mondo Community Safety and Youth Engagement Project received a Highly Commended at the Western Sydney ZEST Awards. The project aims to enhance safety and minimise anti-social behaviour in the ?Mondo Green Space? ? a key civic site in the Penrith City Centre. The project was also commended in the ?Youth Participation? category at the 2013 National Awards for Local Government

}? Received? 'Highly Commended' for the Domestic Violence Resource Project at the ?LGMA Excellence in Management? awards.

Arts and Culture

The Campement Urbain project, Future of Penrith/Penrith of the Future won the ?Integrated Cultural Planning? category at the NSW Local Government Arts & Cultural Awards. Three other projects,? the Aboriginal Intergenerational Sculpture project, the Mondo project and the Art kids initiative were finalists and highly commended for their leading practice.

Reporting

Council?s 2011-2012 Annual Report received a Bronze Award in the 2013 Australasian Reporting Awards ? ?Celebrating Excellence in Reporting?. This continues Council?s success in reporting, as in 2009 we received a Silver Award as well as being a finalist in Special Awards Communication ? Public Sector; and have been the recipient of Bronze Awards in 2010, 2011 and 2012.

2. ????? Advocacy and City Partnerships

Partnerships and networks with Council?s key partners; centre corporations; business, community, sporting, recreation, cultural and performing arts groups; non-government agencies, and local emergency services play an important role in the delivery of projects across all services

Funding under the Federal Governments Suburban Jobs Program of $13.5 million was secured towards building the innovative Werrington Park Corporate Centre, in partnership with the University of Western Sydney and the Penrith Business Alliance. This major collaboration has the potential to generate 6,000 jobs over the next 20 years.

Seven Citizenship Ceremonies were held which saw approximately 500 people become Australian citizens. Council continued its ongoing city partnership program with Lachlan Council, as well as welcoming 30 delegations to learn more about government operations in Australia.

3. ????? Children?s services

Rainbow Cottage Children?s Centre in Cambridge Park was the first out of school hours service in NSW to receive an Exceeding the National Standard overall rating under the new National Assessment and Rating system in the childcare sector. Of 12 services assessed, 10 have received an Exceeds or Meets rating.

Fourteen staff members have commenced tertiary study to gain Early Childhood Teacher qualifications and 3 additional traineeships have been offered to people of Aboriginal or Torres Strait Islander background to work in Children?s Centres that have a designated number of Aboriginal children enrolled.

4.?????? Community building and facilities

Many community buildings and facilities have benefited from a range of improvements and upgrades. Completed projects include:

}? Solar panels installed at Surveyors Creek, Wattle Glen, Carita, Kindana, Erskine Park and Gumbirra Child Care Centres and Claremont Meadows Community Centre.

}? Energy efficient air conditioning installed at the Queen Street, St Marys Council office? and Library.

}? Upgrade or improvements to Cambridge Park Hall, Erskine Park Hall and Community Centre, Colyton Neighbourhood Centre, Andromeda Community Centre, St Marys Seniors Centre, Penrith Valley Seniors Centre, Emu Heights Community Centre, Cook Parade Neighbourhood Centre and Cambridge Park Hall. Improvements ranged from new equipment, new storage cupboards, drainage and driveway works and installation of new key systems.

}? ? 3 public amenities projects at the Nepean River.

5.?????? Community engagement

A number of significant engagement activities with the community have taken place over the last 12 months.

Community Plan

Overall over 5,000 people ? or one-in-23 local adults - gave their views through surveys, face to face interviews and by attending forums during the past 12 months. This feedback was used to compile the Community Plan, and supporting strategic planning documents. The main priorities for the community are more local jobs and the right infrastructure to meet the demands of our growing population.

Council at its Ordinary Meeting on 24 June 2013 adopted the following corporate documents

????? Community Plan

????? Community Engagement Strategy

????? Delivery Program 2013-17 (incorporating the Operational Plan 2013-14)

????? Fees and Charges 2013-14

????? Resource Strategy

????? City Strategy

Together these documents outline Council's actions to address what the community have told us they want to see in the City over the next 10 years and include a focus on helping to create jobs, manage growth, improve transport connections, create safe and vibrant places, look after the environment and foster community spirit and health.?

Community Safety

Five hundred local residents and businesses participated in an online Community Safety survey.? The information from the survey will be used to inform the Community Safety Plan for the City.

Place Management

The Neighbourhood Renewal Program worked in collaboration with the Information and Cultural Exchange (ICE) and other community partners on an innovative creative engagement project self titled as Wearing the Crown. Young people were supported to tell stories about their place and their aspirations through photography, audio recording and creating comic book strips. Young people in North St Marys developed and recorded a hip hop track focussed on their experiences of pride and place. These engagement activities and others will support the development of Neighbourhood Action Plans for the communities of Werrington and North St Marys.

In addition successful community planning sessions were held in Werrington and North St Marys to engage residents in establishing priorities for Neighbourhood Action Plans for their community.

An extensive survey of businesses in north and south Dunheved Business Park has been undertaken.? The recruitment and selection of the boards for the 2 new centre management corporations for the Penrith City Centre and St Marys Town Centre was finalised. The new corporations will support the marketing and promotion of the retail and services, assist with business development and improvement, and contribute to amenity improvement and faster activation of public spaces.

Major Projects

Extensive engagement was undertaken in developing the St Marys Town Centre Streetscape Improvement Plan.? Activities included: an online survey; Saturday street stall; 40? one on one interviews with shopkeepers; 2 stakeholder workshops and briefings with Councillors and the Town Centre Corporation.

Engagement in developing the ?Our River? Masterplan was also extensive with over 350 people participating. Activities have included; on-site surveys on weekends and weekdays on both sides of the River and at a Lewers Bequest Gallery event; an online survey; 14 one on one interviews with key stakeholders; letterbox drops along River Road, Tench Avenue and Nepean Avenue; 2 community workshops and 2 stakeholder workshops.

Education programs

A variety of educational programs and activities were undertaken including:

} Healthy lunch box presentations delivered at 4 schools, reaching over 200 families.

} A Regional Catchment Field Day funded by Western Sydney Regional Organisation of Council?s ?Water in the Landscape Program? and co‑hosted in partnership with Blacktown Council.? The event was attended by 180 western Sydney students.

} Enviro adventures continued reaching 336 students from 6 schools.

} Stormwater Education Program and Catchment Tours engaging over 1,075 students from 15 schools. As part of the catchment tours over 675 native plants were installed in reserves located along or near to waterways.

} Mobile nursery visits held for schools in the Werrington Creek Catchment

} 4 ?Master the Taste, Shrink your Waist? workshops held to teach the benefits of healthy lifestyles, reduced food waste and resource recovery.

} ?Brown Paper Bag? staff lunchtime sessions held on Sustainable Fashion and Veggie Gardening to encourage further awareness of sustainability.

} The Keep Australia Beautiful Enviro-mentors and the Green Bin Bloke visited 929 students across 10 primary schools. A further 25 schools and children?s service providers participated in waste service education activities.

} 2 free Energy Information Sessions for the community were held at St Marys providing information on available rebates and programs. The sessions also assisted people with understanding their bills and ways to minimise electricity costs in the home.

} Students and teachers from 5 schools, the UWS and Council staff participated in a day trip to Merici College on 21 May 2013 to learn about the integration of sustainable practices into their school. The trip was partly funded by prize money received from the Keep Australia Beautiful ?Young Legends? award received in November 2012.

6.?????? Cultural arts

Council coordinated the ?Queen Street, St Marys ‑ Riches and Textures? project which involved photographer John Slaytor, 25 retailers in Queen Street and students from both Caroline Chisholm College and the Nepean TAFE College of Arts and Design and focused on using creativity to promote businesses.

7.?????? Environmental management, health and community protection

Council has been successful in securing $50,000 from the Hawkesbury-Nepean Catchment Management Authority to undertake environmental management works involving bush regeneration and restoration works over an area of approximately 15 hectares, in the Werrington Creek riparian corridor.

Over 1,000 retail food premise inspections, including inspection of temporary food vendors at most major events were completed as part of Council?s food safety program.

As a result of Penrith?s food and organic waste service some 28,241 tonnes of organics collected from the green lid bins was processed into compost and 18,674 tonnes of bottles, cans, cartons, paper and cardboard was recovered from the yellow lid bins for recycling.

Around 700 incidents of illegal dumping across the City have been investigated, predominantly comprising domestic waste and construction demolition waste. At least 50 of these incidences resulted in the offender returning and removing the waste. This year the Regional Illegal Dumping (RID) squad have increased their success in tracking illegally transported waste. This has resulted in a number of high profile prosecutions by the Environmental Protection Authority and a Ministerial review of the legislation around illegal dumping.

Council increased their support to the City?s volunteer emergency services with the upgrade of car park at Gipps Street Rural Fire Service facility and major refurbishment of the Penrith State Emergency Services (SES) Local Area Command in conjunction with NSW SES. This upgrade enables the SES to coordinate an Emergency Operation Centre from the complex. The Penrith Emergency Evacuation Flood Plan, which is required under State emergency management legislation, was also finalised and endorsed.

8.?????? Events and launches

A significant number of events and launches have occurred across the year.

July 2012

NAIDOC celebration was held with a civic reception and a family fun day that attracted over 4,000 residents. Many organisations were involved and the anecdotal feedback on the day from families and residents was very positive.

On Wednesday 25 July the first game for Western Sydney Wanderers FC and subsequent Youth League games was held at Cook Park, St Marys, with over 3,500 spectators attending.

September 2012

The No Boundaries project involved a series of inclusive art workshops and creative activities resulting in a spectacular multimedia sound and light projection onto the grand stage of the northern wall of the Joan Sutherland Performing Arts Centre over two evenings.?

Attended by over 300 people, the event featured Journey to the Riverscape, a large scale animated digital projection of artworks created by people with diverse abilities. No Boundaries is an innovative example of the enhanced access and inclusion that new technology provides for the creative talent of people with diverse abilities.

November 2012

White Ribbon Day was attended by over 100 council staff and community members who took the collective White Ribbon Day Oath and signed a banner as a commitment to speak out against violence against women.

December 2012

Local community events included Carols in the Park organised by Berkshire Park, Llandilo and Shanes Park Community Group and a Christmas party for children with disability who attend Nepean Riding for the Disabled.

A new look ?Penrith is Here? visitors guide was also launched.

March and April 2013

The Digital Hub Learning and Innovation Lab was officially opened by the then Prime Minister Julia Gillard and Senator Conroy on 7 March 2013.? The then Prime Minister Julia Gillard acknowledged Council and community?s great work in developing a comprehensive Digital Economy Strategy (DES). As one of the first NBN rollout sites in Australia, Penrith has a unique advantage and window of opportunity to capitalise on the digital benefits.

The St Mary?s computer and internet hub opened providing enhanced opportunity for seniors in St Marys and surrounding areas to learn how to use computers and connect with family, friends as well as undertake daily business. The centre has already run 3 courses with 36 participants.

A free micro chipping day at Jamison Park resulting in excess of 150 animals being micro chipped.

The Makings of a City? History Conference ? ?Crossing the Great Divide? held in March, was Penrith Library?s 12^th annual ?Makings of a City? History conference attracting over 201 delegates.

Penrith hosted the Sydney International Rowing Regatta (SIRR), which included a number of key rowing events staged over one week: the Kings Cup and the Queens Cup; the Australian Open and Australian Open Schools Championships; and heats for the Samsung World Cup, a key international event leading up to the Rowing World Championships to be held in Seoul later in 2013.

The week-long rowing event was followed by the Australian National Dragon Boat championships in April. Both events generated economic activity in Penrith and marketed the City to national and international visitors. The rowing event will be held again in 2014.

In conjunction with the SIRR a new investment prospectus for the City was launched.

May 2013

Council?s new website, which features simpler language and navigation and the Imagination Library (a free book delivery program) at North St Marys were launched.

Sydney?s Writers? Festival

Penrith City Library hosted 2 successful Sydney Writers Festival events in May.? This is the 10th year that the Library has been the Western Sydney venue for the acclaimed Festival. Authors Sylvia Nasar (author of ?A Beautiful Mind?) and William McInnes (author of ?The Laughing Clowns?) featured at the Festival this year.

Bicentenary of the First European Crossing of the Blue Mountains

Penrith stepped back in time to commemorate the Bicentenary of the First European Crossing of the Blue Mountains. The celebrations kicked off on Saturday 11 May with an early morning breakfast and launch of two re-enactment treks from the site that was once Blaxland?s farm in St Marys. This event was held exactly 200 years to the day that explorers Blaxland, Wentworth and Lawson started out on their epic journey to cross the barrier of the Blue Mountains.

The launch event was attended by the Governor of New South Wales, Her Excellency Professor Marie Bashir, AC CVO, event patron, Jack Thompson AM along with a host of dignitaries and approximately 650 enthusiastic members of the local community.

Throughout the rest of May a series of community events were held to commemorate this most significant milestone in our country?s history. These included a Family Historical Festival at Mamre House, a ?Back to Emu Plains? weekend featuring walking tours of Emu Plains, family history research and a William Cox Open Day. Throughout May there was also an historical exhibition at Penrith Library.

The commemorative program of events highlighted the important role Penrith played in the establishment of the colony and inspired many people - especially the younger generation - to learn more about history and hopefully created some lasting memories for our residents.

Trees for Mum

Trees for Mum was held on 12 May. The event welcomes people of all ages to nurture the environment and remember their Mum with a commemorative planting. Ninety people including many families of mum, dad and a few children planted 200 trees and shrubs at the end of Gibbes Street, Regentville on the upper banks of School House Creek to enhance the Sydney River flat Forest endangered vegetation community.

9.?????? Major projects

Ripples Leisure Centre, St Marys

The Ripples pool hall was built in 1992 and the roof linings and steel structure were showing evidence of deterioration.? The pool concourse, tiling and joints were in need of extensive planned maintenance due to the age of the facility.? Council took advantage of the opportunity offered by the roof replacement program to increase natural light by adding numerous skylight panels, as well as increasing energy efficiency by using thermally efficient sandwich panel roof sheeting produced by local manufacturer Kingspan in St Marys.

The pool hall change rooms were also refurbished with new lights, skylights, paint and ceilings; and the entire pool hall was given a fresh colour scheme.

Memory Park

The Memory Park refurbishment was completed in October 2012. The park upgrade was the final stage in the Park Masterplan which was initiated in 2007 when the Penrith RSL Sub Branch proposed a new Memorial. The works reconfigured the park to better suit memorial services and enhance community enjoyment of this public open space.?

The Remembrance Day ceremony held there on 11 November demonstrated the positive outcome which has been achieved. Anzac Day ceremonies will be the next test of the park.? A re-dedication ceremony involving NSW Governor Marie Bashir is being planned in conjunction with the RSL Sub Branch.

North Penrith Commuter Carpark

North Penrith Commuter Carpark, which offers 1,000 free car parking spaces near Penrith Railway Station, was officially opened on 3 August.? Featuring security lighting, CCTV cameras, 30 accessible parking spaces and a lift, it?s a clean, convenient and safe place to park. The $13million multi-level carpark ? the area?s first permanent commuter carpark ? cost about $2 million less than the original budget.? It was jointly funded by the State and Federal governments and Landcom.? Council was the catalyst that brought the funding parties together and as project manager, Council worked with construction company Denham Constructions Pty to deliver a cost effective solution.

Erskine Park and Mamre Road intersection

The $6.6 million Erskine Park and Mamre Road intersection was delivered. This was a significant and complex infrastructure project that was completed ahead of schedule and within budget.

10.???? Planning, submissions and reports

Over the 12 months 876 residential lots were released through subdivision approvals and certification and $535 million worth of applications have been determined. Council determined a total of 385 construction certificates; 21 complying development certificates and completed 2,658 critical stage inspections. The 2012-13 Heritage Assistance Fund program has provided grants to 6 owners of heritage buildings.

The planning framework was finalised for the Penrith Panthers site which will facilitate development of $850 million. This brings a significant new dimension to our local employment and lifestyle opportunities, and reinforces Penrith?s role as a Regional City.

The public exhibition of the Planning Proposal for Penrith city-wide Local Environmental Plan (LEP) commenced on Monday 13 May 2013 for a period of 8 weeks. The exhibition brought together the final stage of planning controls for the City and resulted in over 750 submissions from the public. Council?s section 149 property database was updated with the information relating to the exhibition of the Penrith city-wide LEP, involving approximately 73,000 properties. This was achieved with minimal impact on section 149 (Planning Certificates) processing times.

Over $8 million in contributions was allocated or expended, primarily on district open space recreation facilities across the city, footpaths, local open space ($7 million) and a further $1 million in Glenmore Park, Mount Vernon and North Cranebrook.

A detailed submission was made to the Department of Planning and Infrastructure on the draft Metropolitan Strategy and White Paper including draft legislation for a new planning system for NSW.? Detailed submissions were also made in response to the Local Government Act review undertaken by the Local Government Acts Taskforce and the Independent Local Government review panel on the ?Future Directions of Local Government?.

A detailed submission was made to the NSW Long Term Transport Masterplan. This submission outlined the transport services and infrastructure required to support our Regional City over the next 20 years. Importantly it highlighted the need for an integrated transport system, including road infrastructure and public transport improvements which is required to sustain urban growth and fostering economic development.

Council adopted the following plans and strategies:

}? Litter Management Strategy

}? Plans of Management ? Penrith Cemeteries

}? Penrith City Centre Public Domain Masterplan

The End of Term report was presented to Council on 3 September 2012.? The report outlines progress towards the objectives adopted in the Community Strategic Plan during the Council?s term (2008-2012).

11.???? Sporting, recreation and park facilities

Many parks, sporting and recreation facilities across the City have benefited from a range of improvements and upgrades. Around 30 capital projects were implemented including outdoor health and fitness gyms, improvements to floodlighting, canteens and storage at various venues and facilities. An enhanced rural roadside mowing program was undertaken during the winter months based on advice provided by the Rural Fire Service.? Income from the Penrith Swimming Centre is at a 10 year high.

Four new playgrounds were constructed and 3 playgrounds were refurbished. New playgrounds have been installed at:

}? Kevin Maley Park, Colyton

}? Damien & Joanna Streets Reserve, South Penrith

}? Warburton Crescent Reserve, Werrington County

}? Shakespeare Drive Reserve, St Clair

}? Bennett Park Bike Track, St Marys.

Playing fields and facility upgrades completed include:

}? Parker Street Reserve, Penrith (2 football fields)

} Peter Kearns Reserve, St Clair (1 rugby field, provision of 100 lux floodlighting and ?????upgrade of irrigation)

}? Shepherd Street Park, Colyton (3 football fields)

} Blue Hills Oval, Glenmore Park (1 football field with Glenmore Park Football Club contributing financially)

}? Gow Park, Mulgoa (new subsurface irrigation system)

}? Andromeda playing field, Cranebrook tiered seating to improve spectator amenity

}? Parks Avenue Reserve, Werrington (lighting upgrade to 100 lux on 2 fields)

}? Mark Leece Oval,? (mini field floodlighting)

}? Fencing replacement at Emu Park, Leonay Oval, Saunders Park and the Kingsway

}? Upgrade of synthetic cricket wicket surfaces across the City

}? Parker Street Athletics track and a canteen upgrade

}? Jamison Park, Penrith netball (resurfacing of 16 courts)

}? Utilisation of sandstone blocks as a new type of seating / fencing in the City.

The Glenmore Park Child and Family Precinct Fitness Trail opened on 7 September 2012 featuring 9 stations and 14 pieces of equipment at the Glenmore Park Child and Family Precinct.? The equipment was specifically designed to be accessible for children and people with a disability.

A new point of sale - management information system was installed at Penrith Swimming Centre and Ripples which improve customer service, operational efficiencies and financial performance. A new heat pump has been installed at Penrith Swimming Centre realising energy efficiencies.

85 local residents were granted $16,900 to help with their travel costs associated with representing Australia or NSW.

12.???? Public domain amenity and safety

During the 2012-13 year there have been social programs, education programs, networking committee and infrastructure projects undertaken as part of Council implementing the Community Safety Plan for the City.? New lighting installed in the Mondo space has improved visibility and user safety at night. Three new alcohol free zones have also been established.

In the three operational cemeteries, 180 burials and 35 ashes placements in the columbarium walls and in existing graves occurred.? Cemetery upgrades undertaken include the restoration of the monument, signage and a service to commemorate was undertaken at Sergeant James Beatty at St Stephens Cemetery. This project was coordinated in partnership with the NSW Police - Penrith Command to commemorate the life of the first policeman who died in the line of duty in Penrith.

Fallen headstones were replaced and restored in Castlereagh Cemetery. Road restoration work at Penrith general cemetery and fencing was completed at Sir John Jamieson Cemeteries. Interpretative signage was also completed at Sir John Jamieson and St Stephens Cemeteries.

13.???? Transport and Infrastructure

Key transport and infrastructure projects delivered include:

}? $2.7 million has been invested in building Council?s shared path network. This has achieved significant progress in the staged delivery of a key link between St Marys and Penrith along the Great Western Highway.?

}? 265,000 sqm of road (3.1% of Council?s road network) at 73 locations has been resurfaced with asphaltic concrete as part of the annual Road Resealing/Resheeting program. A further 120,000 sqm of pavement rejuvenation has also been completed

}? Under the Reconstruction Program 28,000 sqm (0.35% of Council?s road network) has been reconstructed. Sections of the road that have been reconstructed include: Banks Drive, St Clair; Derby Street, Penrith; Dunheved Road, Werrington; Old Bathurst Road, Emu Plains; Caddens Road, Orchard Hills; Bakers Lane, Kemps Creek; Chain of Ponds Road, Mulgoa and The Driftway, Londonderry

}? A total of 2.1km (25,000 sqm of road pavement) was rehabilitated in Andromeda Drive, Cranebrook; Ikin Street, Jamisontown; York Road, South Penrith and Francis Street, Cambridge Park

}? The St Mary?s CBD High Pedestrian Activity Area in Queen Street has been substantially completed with funding assistance from NSW Roads and Maritime Services. These traffic facilities with signage and landscaping will greatly improve traffic and pedestrian safety.

}? Other safety works include $340,000 invested in improvements to St Marys Road and Stoney Creek Road, Berkshire Park and $850,000 in implementation of the Blackspot and Major Traffic Facilities program leading to a reduction in fatal accidents across the LGA.

14.???? Technology and Business Improvement

Workers compensation

In the year ended 30June 2013 Council staff registered 52 claims across our organisation with another three being lodged by the Council Entities. This total of 55 claims is the lowest number of lodged claims in the past 25 years. The other pleasing aspect is the lack of severity in the injuries incurred, with a total of only 288 days being lost to workers compensation for the year.

With only two active claims remaining, both of which should be finalised by late September 2013, it has been a very good year for safety in the workplace. It is also very pleasing to see the significant improvement in child care with overall claims reduced by 43% on last year and by 55% on the 2010-11 year. This excellent record is due in a large part to the efforts of Council?s staff, over a number of years, across all areas of operations in ensuring that they undertake their duties safely and go home fit and well.

Local Government elections

Council managed a successful local government election in September 2012 that complied with the legislative procedures required within the Local Government Act and Regulations. In 2008 the Councillor elections were coordinated by the NSW Electoral Commission at a cost of $627,000, with costs to Council under a similar arrangement in 2012 expected to be around $713,000. Following a competitive process Council engaged the Australian Electoral Company (AEC) to undertake the majority of work relating to the election, with some activities completed by Council staff as a way of further minimising costs. As a result total costs for the election in 2012 were estimated to be $560,000, generating significant financial savings for the organisation.

In addition to the financial benefits there were a range of other benefits realised from this arrangement, including that Council was able to cater to the community more easily by being directly involved in the election process. Council staff were able to take a more holistic approach, allowing more flexibility in terms of the location and staffing requirements of polling places and the Returning Officer?s Office to respond to community needs. Council staff were also able to liaise more effectively with the Returning Officer and provide a greater level of local support and knowledge than has previously been the case. The election process also ran smoothly, with the results finalised within a similar time frame as previous elections.

Business improvements

As a component of addressing the long term resource challenges facing our community, Council commissioned a project to determine a productivity framework capable of assisting the efficient delivery of agreed services. The framework and a program of continuous business improvement in service delivery has been established.?
The Myidea component of the business improvement project saw more than 87 suggestions for improvements registered from staff. The ideas included changing advertisement sizes, internal procedure changes, alternative mobile technologies and plant replacements to enable services to be delivered more efficiently.? In conjunction with this productivity focus, a planned approach to managing staff vacancies realised net savings of $1.49m (1.9%) from the total employee costs budget.?

Council continues to invest in renewing or upgrading equipment where necessary to improve its service delivery to the community. Productivity improvements include:

}? plant equipment upgrades including installation of a new hoist in the workshop and purchase of a street sweeper, pressure cleaner, hydraulic rock hammer,? 2? Toro 5910 mowers, 2 bobcats, 1 backhoe, 1 zero turn mower and an animal service vehicle.

}? contracting of the Great River Walk Stage 7a and Coachman?s Park project resulting in efficient delivery and value

}? improved service schedules for the cleaning of 21 local shopping centres

}? new technology utilised by the rangers enabling increase surveillance of weight limited roads and littering in public areas

}? focus on additional compliance activity in new release areas (Jordan Springs, Glenmore Park Stage 2 and Caddens) undertaken within existing resources.

}? area boundaries adjusted and staff appropriately resourced to improve service delivery and meet future additional maintenance liability

}? ongoing playing field reconstruction program utilising recycled organics is increasing sustainability, reducing maintenance inputs (fertiliser and water) and supporting increased levels of facility utilisation.

15.???? Training and support

Council?s trainee program continued with the appointment of 65 trainees in a variety of Council services including Child Care, Business Administration, Information Technology, Horticulture and Civil Construction. Council facilitated approximately 175 work experience programs for students in secondary and tertiary education and hosted 6 business services students through Nova Employment and 1 through the Australian Foundation for Disability.

Conclusion

The past 12 months has been, as always, a time of intense activity across all our services and programs. Not only have we continued to deliver ongoing services to agreed levels but we have also completed a number of substantial projects over and above our everyday work, as outlined in this report. Our services continue to meet the needs of our community and deliver value for their rates dollar, as we strive to make Penrith a better place to live and do business.

In addition to those activities we planned for at the beginning of the year we have also had to respond to a number of unexpected developments across a range of services. These include reviews by the state government into both the planning system and the way local government operates, successful grant applications both by Council and local community groups that need our help to realise the benefits of those opportunities and enquiries into the financial sustainability of local government. The demand that these unexpected tasks place on our resources should not be underestimated ? to continue to deliver our core services even as we respond to unforeseen requests demonstrates both our efficiency and flexibility as an organisation, and our commitment to the wellbeing of our community.

RECOMMENDATION

That the information contained in the report on 2012-13 - Year in Review be received

ATTACHMENTS/APPENDICES

There are no attachments for this report. ?

Policy Review Committee Meeting?? ???????????????????????????????????????????????????????? 9 September 2013

Attachment 1 - Constitution of Penrith City Centre Limited

Constitution of

Penrith City Centre Ltd

1.??? Preliminary

1.2?????? The objectives for which the Company was incorporated are to foster a progressive and prosperous future for the Penrith City Centre and in particular and without limiting the generality of the foregoing to:

1.2.1??? Promote and implement the Council?s adopted vision and strategy for the Centre;

1.2.2??? Facilitate and participate in partnerships between business, governments and non-government organisations to solve issues;

1.2.3??? Work with the Penrith Business Alliance to encourage economic development, investment and job creation in the Centre;

1.2.4??? Collaborate with the St Marys Town Centre Management Corporation as appropriate;

1.2.5??? Facilitate the development of a viable and vibrant Penrith City Centre;

1.2.6??? Facilitate the creation of a safe, accessible and attractive Penrith City Centre;

1.2.7??? Facilitate cultural and entertainment opportunities to activate the Penrith City Centre;

1.2.8??? Allocate appropriate resources to projects to address specific issues;

1.2.9??? Obtain additional financial support from business and government to fund new and expanded projects and services to benefit the development of the Penrith City Centre;

1.2.10? Engage businesses and property owners in the operation and decision making processes;

1.2.11? Promote the Corporation?s activities and achievements to property and business owners and Council; and

1.2.12? Market and promote the Penrith City Centre to business, investors and visitors.

1.3 ????? The Company must not make any distribution to any Director, whether by way of dividend, surplus on winding up or otherwise. This Clause does not prevent the payment in good faith by the Company of reasonable remuneration to any Director for goods or services supplied by that Director to the Company in the ordinary course of business, the payment of reasonable rent for premises leased to the Company by any Director, or the Payment of any other reasonable amount of a similar character to those described in this Clause.

1.4.??? The replaceable rules in the Act do not apply to the Company.

2.? Definitions and Interpretation

2.1 In this Constitution:

?Act? means the Corporations Act 2001, as modified or re-enacted from time to time, and where appropriate, includes any regulations issued under it;

?Business Day? means a day except a Saturday, Sunday or public holiday in the jurisdiction under the Act which the Company is taken to be registered;

?Board? means the Board of Directors of the Company;

?Cessation Event? means the death or bankruptcy of a Director, or that Director becoming of unsound mind or becoming a person whose property is liable to be dealt with under a law about mental health;

?Chairperson? means the person elected pursuant to clause 9.18;

?City? means the Penrith Local Government Area defined by the Local Government Act 1993;

?Consumer Price Index? means the All Groups Sydney index or equivalent index system determined by the Australian Bureau of Statistics;

?Councillors? means the Councillors elected to Council;

?Council? means the Penrith City Council or the body corporate which replaces it;

?Directors? means any person holding the position of a Director of the Company for the time being;

?Expulsion Event? means, in respect of a Member:

a) The Member has willfully refused or neglected to comply with the provisions of this Constitution;

b) The conduct of the Member, in the opinion of Directors, is unbecoming of the Member or prejudicial to the interests or reputation of the Company; or

c) The Member is, or any step is taken for the Member to become, an externally administered body corporate (whether or not the Member is a body corporate).

?Industry Expert? means a person engaged in employment from an Industry Sector.

?Industry Sector? means a group having some common interest in the objects of the Company as determined from time to time in accordance with the Constitution and until otherwise resolved by the Company, the Industry Sector shall be:

a)?? Finance;

b)?? Business Management; or

c)?? Marketing.

?Legal Costs? of a person means legal costs incurred by that person as a director or an officer of the Company or a subsidiary of the Company;

?Liability? of a person means any liability incurred by that person as an officer of the Company or a subsidiary of the Company;

?Member? means any person holding the position of Director of the Company;

?Penrith City Centre? means the area identified by Schedule 1 attached to this Constitution;

?Personal Representative? means the legal personal representative, executor or administrator of the estate of a deceased person;

?Register? means the register of Members kept under the Act and, where appropriate, includes any branch register;

?Relevant Officer? means a person who is, or has been, an officer of the Company (including a Director or Secretary) or an officer of a subsidiary of the Company;

?Sector Selection Criteria? means membership application criteria specific to applications for membership of every Industry Sector as the Company may from time to time determine; and

?Special Resolution? means a resolution that, in accordance with the Act:

a) Is passed at a meeting of the Company being a meeting of which at least twenty one (21) days written notice specifying the intention to propose the Resolution as a Special Resolution has been duly given; and

b) Passed at a meeting referred to in paragraph (a) by a majority of at least three quarters (?) of the members of the Company as, being entitled to do so, vote in person at that meeting.

2.3?????? In this Constitution, unless the context indicates a contrary intention, words importing the singular include the plural (and vise versa), words indicating a gender include every other gender, the word ?person? includes a corporation.

2.4?????? Unless the context indicates a contrary intention, an expression of this Constitution that deals with a matter dealt with by a provision of the Corporations Act has the same meaning as in that provision of the Corporations Act and an expression in a provision of this Constitution that is defined in Section 9 of the Corporations Act has the same meaning as in that Section.

3.? Powers

3.1 ????? The Company has all the powers of an individual and a body corporate but does not have the power to issue shares.

3.2 ????? Despite clause 3.1 the powers of the Company are ancillary to and exercisable only to pursue the objects of the Company set out in clause 1.2.

4.? Application of income and property

4.1?????? The income and property of the Company, from wherever it is derived, must be applied solely towards the promotion of the objects of the Company set out in clause 1.2.

5.? Membership

5.1?????? The number of members with which the Company proposes to be registered is nine (9).

5.2?????? Membership of the Company shall consist of the Directors of the Company as appointed pursuant to clauses 9.1 to 9.5 inclusive of this Constitution.

5.3 ????? A Register of Members of the Company must be kept in the office of the Company.

5.4 ??? The Register of Members must show:

? Names in full;

? Telephone/Facsimile contact details;

? Email addresses where available;

? Addresses of all members of the Company;

? The date of admission and date of cessation of membership;

? The Industry Sector of which the member is a member (if applicable); and

? Such other information as the Board may from time to time determine.

5.5 ????? Each member must notify the Secretary in writing of any change in that member?s address within a period of one (1) month after the change.

6.? No distribution to members

6.1 ????? No portion of the income or property of the Company may be paid directly or indirectly, by way of dividend, bonus or otherwise to the members of the Company.

6.2 ??? Clause 6.1 does not prevent:

6.2.1 ?? the payment in good faith of remuneration to any officer, servant or member of the Company in return for any services actually rendered to the Company or for goods supplied in the ordinary and usual way of business;

6.2.2 ?? the payment of reasonable and proper rent by the Company to a member of the Company for premises leased by the member to the Company; or

6.2.3 ?? the reimbursement of expenses incurred by any member on behalf of the Company.

7.? Limited liability

7.1???? The liability of the members is limited.

8.? Guarantee

8.1?????? Every member of the Company undertakes to contribute an amount not exceeding $10.00 to the property of the Company if it is wound up while the member is a member or within one (1) year after the member ceases to be a member, if required for payment:

8.1.1 ?? of the debts and liabilities of the Company (contracted before the member ceases to be a member);

8.1.2 ??????? of the costs, charges and expenses of winding up; and

8.1.3 ??????? for the adjustment of the rights of the contributories among themselves.

9. Directors

9.1 ????? The Board may consist of up to nine (9) Directors who shall be the Members of the Company.

9.2 ??? The Directors and Members of the Company shall be:

9.2.1 ?? Five (5) Directors being business or property owners whose businesses or properties are located within the Penrith City Centre other than a Councillor of the Council;

9.2.2. ? One (1) representative appointed from a Penrith based Community Organisation other than a Councillor of the Council;

9.2.3. ?????? One (1) representative who is a Penrith City Council Councillor;

9.2.4. ? One (1) representative who is an Industry Expert other than a Councillor of the Council;

9.2.5. ? One (1) representative who has the capacity to represent persons under 25 years of age other than a Councillor of the Council.

9.3?????? A Director and Member in clause 9.2 must not be a member of more than one of the categories identified in clauses 9.2.1 up to and including clause 9.2.5.

9.4?????? When this Constitution is adopted the existing Board shall continue until it has expeditiously appointed new Directors and members, at a General Meeting, and in accordance with this Constitution.

9.5 ????? In respect of the first board appointed after the adoption of this Constitution and to provide for continuity on the Board, the Directors on the Board, except the Council directors, shall retire on a rotating basis. At first Annual General Meeting three (3) shall retire. At the second Annual General Meeting three (3) shall retire. At the third Annual General Meeting three (3) shall retire. Thereafter the Directors of the Board shall retire after serving three (3) years on the Board after appointment to the Board.

9.6 ????? The vacancies on the Board created by the retirement of Directors pursuant to clauses 9.5 will be filled by persons elected in accordance with this Constitution.

9.7 ????? All retiring Directors shall be eligible for re-appointment.

9.8 ????? A Director resigns on giving the Secretary notice in writing.

9.9 ????? Upon the resignation of a Director of the Company, the following provisions shall apply:

9.9.1 ?? The replacement Director shall hold office for a term equivalent to the residue of the term held by the resigning Director;

9.9.2 ?? The Company shall confirm such appointment of replacement Directors by Resolution at the Company?s next General Meeting following such appointment; and

9.9.3 ??????? If a Director ceases to be a director he or she also ceases to be a member.

9.10 ??? Vacancy positions on the Board, whether they be by way of the resignation or retirement of a director in line with the provisions of this Constitution, shall be advertised so as to attract the best possible candidates.

9.11 ??? Applications together with any consent to appointment as a director will only be accepted for the Industry Sector previously represented by the resigning or retiring directors.????

9.12 ??? The receipt of applications for vacant positions on the Board shall close seven (7) Business Days prior to the election. Details of all applications for a board position shall be distributed to all directors eligible to vote five (5) Business Days prior to the election.

9.13 ??? Directors either resigning or retiring prior to an election shall not be eligible to vote at, nor entitled to attend, that part of the meeting where the election of new directors is to take place.

9.14 ??? Subject to the Act, the Company in General Meeting may by ordinary resolution remove any Director, and if thought fit, appoint another person in place of that Director.

9.15???? A Director ceases to be a Director if:

9.15.1? The Director becomes of unsound mind or a person whose property is liable to be dealt with under a law about mental health;

9.15.2 The Director resigns or is removed under this Constitution;

9.15.3 The Director becomes an insolvent under administration;

9.15.4 For more than three (3) consecutive meetings that Director is absent without permission of the Board of Directors from meetings of such Board of Directors held during that period;

9.15.5? The Director ceases to hold the office by virtue of which they are appointed to the Board of Directors;

9.15.6? The Director ceases to be a Director by operation of the law or an order of the Court; or

9.15.7? The Director becomes an employee of the Company.

9.16 ??? The Company must pay all ?out of pocket? expenses to Directors as determined by the Board. Directors will not be entitled to other remuneration, except as otherwise provided by this Constitution.

9.17 ??? Subject to the Act, a Director shall from time to time complete such declarations of material personal interest as the Company may require in accordance with the provisions of the Act, if a Director discloses the interest of the Director in accordance with the Act, the Director may:

9.17.1? Contract or make an arrangement with the Company, or a related body corporate of the Company or a body corporate in which the Company is interested, in any matter in any capacity;

9.17.2? Be counted in a quorum for a meeting of Directors considering that contract or arrangement, and vote on whether the Company enters into the contract or arrangement, and on any matter that relates to the contract or arrangement;

9.17.3 Sign on behalf of the Company, or witness the fixing of the common seal of the Company (if any) to, any document in respect of the contract or arrangement; and

9.17.4 Retain the benefits under the contract or arrangement, except if the interest is of a substantial pecuniary nature, not including Directors fees or decisions that benefit business interests uniformly across the City, the Directors should exclude themselves from such decisions.

9.18 ??? The Board shall consist of:

9.18.1 the office-bearers of the Company; and

9.18.2? 9 members.

9.19??????????? The office-bearers of the Company shall be:

9.19.1 ????? the Chairperson;

9.19.2 ????? the Deputy-Chairperson; and

9.19.3?????? the Treasurer;

who shall be elected by the Board and shall serve for such duration as the Board shall determine or if no period is specified, until that the particular person ceases to be a Director.

10.? Officers

10.1???? The Board of Directors shall appoint a person or persons who hold appropriate qualifications and experience to manage the operations.

10.2???? The Directors may delegate any of their powers (including the power to delegate) to the Chief Executive Officer (CEO). A CEO must exercise the powers delegated to him or her in accordance with any directions of the Director. The exercise of power by a CEO is as effective as if the Directors exercised the power.

10.3???? The Directors may appoint one or more Secretaries, for any period and on any terms (including as to remuneration) the Directors resolve. Subject to any agreement between the Company and a Secretary, the Directors may remove or dismiss a Secretary at any time, with or without cause. The Directors may revoke or vary the appointment of a Secretary.

10.4???? To the extent permitted by law, the Company may (by agreement or deed) indemnify each Relevant Officer against a Liability of that person and Legal Costs of that person. To the extent permitted by law, the Company may also make a payment (whether by way of advance, loan or otherwise) to a Relevant Officer in respect of Legal Costs of that person.

10.5???? To the extent permitted by law, the Company may pay, or agree to pay, a premium for a contract insuring a Relevant Officer against a Liability or that person and Legal Costs of that person.

11.? Powers of the Company and Directors

11.1 ??? The Company may exercise in any manner permitted by the Act any power which a public company limited by guarantee may exercise under the Act. The business of the Company is managed by or under the direction of the Directors. The Directors may exercise all the powers of the Company except any powers that the Act or this Constitution requires the Company to exercise in a General Meeting.

11.2 ??? If the Company has a common seal, the Company may execute a document if that seal is fixed to the document and the fixing of that seal is witnessed by two (2) Directors, a Director and a Secretary, or a Director and another person appointed by a resolution of the Directors for that purpose.

11.3 ??? The Company may execute a document without a common seal if the document is signed by two (2) Directors, a Director and a Secretary, or a Director and another person appointed by a resolution of the Directors for that purpose.

11.4 ??? The Company may execute a document as a deed if the document is expressed to be executed as a deed and is executed in accordance with clause 11.1 or 11.2 hereof.

11.5 ??? Negotiable instruments may be signed, drawn, accepted, endorsed or otherwise executed by or on behalf of the Company in the manner and by the persons as the Directors resolve.

11.6 ??? The Directors may delegate any of their powers (including this power to delegate) to a committee of Directors, a Director, an employee of the Company or any other person. The Directors may revoke or vary any power so delegated. A committee or delegate must exercise the powers delegated in accordance with any directions of the Directors. The exercise of a power by the committee or delegates is as effective as if the Directors exercised the power. Clause 11 applies with the necessary changes to the meetings of a committee of Directors.

11.7???? The Directors may appoint any person to be attorney or Agent of the Company for any purpose, for any period and on any terms (including as to remuneration) the Directors resolve. The Directors may delegate any of their powers (including the power to delegate) to an attorney or Agent. The Directors may revoke or vary that appointment or any power delegated to an attorney or Agent.

11.8 ??? Any act done by a person as a Director or Secretary is effective even if the appointment of that person, or the continuance of that appointment, is invalid because the Company or that person did not comply with the Constitution or any provision of the Act. This Clause does not deal with the question whether an effective act by a person binds the Company in its dealings with other people or makes the Company liable to another person.

12.? Meetings of Directors

12.1 ??? The Directors may meet, adjourn and otherwise regulate their meetings as they think fit. A meeting of Directors may be held using any technology consented to by a majority of the Directors. A Director may only withdraw that consent within a reasonable period of time before the meeting. Any Director may call a meeting of Directors at any time. On request of any Director, a Secretary of the Company must call a meeting of the Directors. Notwithstanding the above a meeting shall be called at least every second calendar month.

12.2???? Meetings of the Board of Directors must be held at least once every three months but may otherwise be held as often as may be necessary for properly conducting the business and operations of the Company.

12.3 ??? Reasonable notice of a meeting of Directors must be given to each Director. Notice must be at least three (3) days, except in the case of an emergency.

12.4 ??? A quorum for a meeting of Directors must be present at all times during the meeting. Subject to the Act, a quorum for a meeting of Directors is, half plus one of the Directors presently appointed to the Board at any given time.

12.5 ??? If there are not enough persons to form a quorum for a meeting of Directors, one or more of the Directors (including those who have an interest in a matter being considered at that meeting) may call a General Meeting and the General Meeting may pass a resolution to deal with the matter.

12.6 ??? The Chairperson must (if present within five (5) minutes after the time appointed for the holding of the meeting and willing to act) chair each meeting of Directors. If there is no Chairperson, or the Chairperson is not present within five (5) minutes after the time appointed for the holding of a meeting of Directors or is present within that time but is not willing to chair all or part of that meeting, then the Deputy Chairperson shall chair the meeting or in the absence of the Deputy Chairperson or if the Deputy Chairperson is not willing to chair all or any part of that meeting the Directors present must elect one of themselves to chair all or part of the meeting of Directors.

12.7 ??? A resolution of Directors is passed if more votes are cast in favour of the resolution than against it. Each Director has one vote on a matter arising at a meeting of the Directors. A person holding a Proxy is entitled (in addition to his or her own vote if a Director) to one (1) vote on behalf of each Director whom the person represents at the meeting. The Proxy holder may only vote if the Director is not personally present.

12.8???? Subject to the Act, in case of an equality of votes on a resolution at a meeting of Directors, the Chairperson of that meeting has a casting vote on that resolution in addition to any vote the Chairperson has in his/her capacity as a Director in respect of that resolution.

13.? Meeting of Members

13.1 ??? The initial number of Members with which the Company proposes to be registered is nine (9).

13.2 ??? Membership of the Company shall consist of the Directors of the Company as appointed pursuant to clause 9.2 of this Constitution.

13.3 ??? Members of the Company shall be entitled to attend, speak and vote at all General Meetings of the Company.

13.4 ? A proxy will not be entitled to vote on a show of hands.

13.5 ??? The proceedings at members meetings shall be conducted in the same manner as a Director?s meetings other than as varied by the provisions of this clause.

14.? Proxies

14.1 ??? An instrument appointing a proxy shall be determined by the Board from time to time.

14.2 ??? A member may appoint a proxy to attend and vote at general meetings of the Company but only in accordance with this clause.

14.3 ??? An instrument appointing a proxy must be in writing under the hand of the appointer or of the appointer?s attorney duly authorised in writing.

14.4 ??? An instrument appointing a proxy shall specify the manner in which the proxy is to vote in respect of a particular resolution and, where an instrument of proxy so provides, the proxy is not entitled to vote on the resolution except as specified in the instrument.

14.5 ??? An instrument appointing a proxy is deemed to confer authority to demand or join in demanding a poll.

14.6 ??? The appointment of a proxy is not valid unless the nomination of proxy for general meeting form (?the Form?) is completed and received by the Company, as required by s.250B of the Act, at least forty-eight (48) hours before the meeting. The Form shall be such form as approved by the Board from time to time.

15.? Notices

15.1???? The Company may give notice to a Member in person, by sending it by post to the address of the Member in the Register or the alternative address (if any) nominated by that Member, or by sending it to the fax number or electronic address (if any) nominated by that Member.

15.2???? A notice of meeting sent by post to an address within Australia is taken to be given one (1) Business Day after it is posted, or where to an address outside Australia, is taken to be given five (5) Business Days after it is posted. Any other notice sent by post is taken to be given at the time of which the notice would be delivered in the ordinary course of post. A notice sent by fax is taken to be given on the Business Day it is sent, provided that the sender?s transmission report shows that the whole notice was sent to the correct fax number.

15.3???? The giving of a notice by post is sufficiently proved by evidence that the notice was addressed to the correct address of the recipient and was placed in the post.

15.4???? The Directors may decide, generally or in a particular case, that a notice given by the Company be signed by mechanical or other means.

15.5???? The Company may pay a person entitled to an amount payable in respect of Membership by crediting an account nominated in writing by that person, by cheque made payable to the bearer, to the person entitled to the amount or any other person the person entitled directs in writing, or by any other manner as the Directors resolve. The Company may post a cheque under this Clause to the address in the register of the Member or to any other address which that person directs in writing.

16.? Minutes

16.1.??? The Board of Directors shall cause to be kept and recorded minutes of all resolutions and proceedings of General Meetings of the Company and the Board of Directors and shall cause such minutes to be signed by the Chairperson of the meeting or of the next meeting. Copies of all such minutes shall be sent forthwith to the Members of the Board of Directors. Notwithstanding the generality of the above such minutes shall be made of:

16.1.1? All appointments of officers and employees; and

16.1.2? Names of Members and names of the employees of the Board of Directors present at all meetings of the Board of Directors and meetings of the Company.

17.? Accounts

17.1 ? The Board shall:

7.1.1 ?? Cause proper accounts to be kept with respect to all sums of money received and expended by the Company and the matter in respect of which the receipt and expenditure takes place and the assets and liabilities of the Company;

17.1.2 Cause to be prepared a balance sheet and a statement of income and expenditure drawn up as at 30 June each year; and

17.1.3 Cause the accounts to be kept in accordance with the Act. The accounts shall be subject to audit and a duly audited copy of the balance sheet and statement of income and expenditure shall be furnished to the Council and to all persons entitled to receive notice of General Meetings of the Company not less than fourteen (14) days prior to the date for the Annual General Meeting at which the annual accounts are to be presented and the Company shall comply with this clause 15.

17.2 ??? The Board shall promptly comply with any request by the Council for information or will open the books of the Company to the Council upon demand. The Company shall comply with any direction of the Council in relation to its keeping accounts, audits, or any other financial details.

17.3 ??? The accounts shall be kept at the office of the Company or at such other place or places as the Board thinks fit and shall always be open to inspection by any Director and by the Council or its authorised officers or by any person authorised by the Act during business hours.

18.? Money Received by the Company

18.1???? All moneys received by the Company shall be paid to such bankers as the Board of Directors shall from time to time by resolution appoint. All cheques, bills of exchange, promissory notes and other negotiable instruments shall be accepted, made, drawn or endorsed for and on behalf of the Company and all cheques or orders for payment shall be signed in such manner as the Board of Directors shall from time to time by resolution determine.

19.? Audit

19.1 ??? The Board of Directors shall cause the accounts of the Company to be audited and the correctness of the balance sheet and profit and loss account ascertained once at least in every year.

20.? Indemnity

20.1???? Any member of the Board of Directors, Officer or employee of the Company shall be indemnified out of the assets of the Company against any liability incurred by them in defending any proceedings whether civil or criminal taken against them by reason of their actions in relation to or connected with the Company in which judgment is given in their favour or in which they are acquitted, or in connection with any application under the Law in which relief is granted to them by the court in respect of any negligence, default, breach of duty or breach of trust.

20.2???? No Director, officer or employee of the Company shall be liable for the acts receipts neglects or defaults of any other Director, officer or employee or for joining in any receipt of other acts for conformity or for any loss or expense happening to the Company through the insufficiency of title of any property acquired by order of the Board of Directors for or on behalf of the Company or for the insufficiency or deficiency of any security in or upon which any of the moneys of the Company shall be invested or for any loss or damage arising from the bankruptcy insolvency or tortious act of any person with whom any moneys securities or effects shall be deposited or for any loss occasioned by any error of judgment omission default or oversight on their part or for any other loss damage or misfortune whatever which shall happen in the execution of the duties of their office or in relation thereto unless the same happen through their own negligence default breach of duty or breach of trust.

21.? Winding up

21.1???? Upon winding up, the surplus assets of the Company after satisfaction of all debts and other liabilities of the Company, shall be paid or transferred to Penrith City Council towards objectives similar in whole or in part to those of the Company.

22.? By-Laws

22.1???? The Board of Directors may from time to time make by-laws not inconsistent with any of the provisions of the Constitution or with any statutory provision then in force for the regulation of the business of the Company its officers and employees and may from time to time amend or repeal such by-laws or any of them.

22.2???? The Board of Directors may delegate any of its powers and or functions (not being duties imposed on the Board of Directors of the Company by the Law or the general law) to one or more committees of the Company.? Any Committee shall conform to any regulation that may be imposed by the Board of Directors and all members of such Committee shall have one (1) vote.? The Board of Directors shall not delegate:

??????????? (a)? The allocation of money for expenditure on work, services or operation of the Company.

??????????? (b)? The leasing or surrendering of any lease of land.

??????????? (c)? The acceptance of contracts for any work.

??????????? (d)? The payment of travelling expenses to any member.

(e)? Any other matters that the Board of Directors decides cannot be delegated.

(f)? The borrowing of money from any third party.

??????????? Provided that any resolution taken by a Committee shall be referred to the Board of Directors for its adoption or otherwise and if the Board of Directors thinks fit for it to alter, amend or reject such resolution.? The resolution of any Committee shall not be carried into effect until the Board of Directors has considered and adopted any resolution of a Committee.

Schedule 1

Policy Review Committee Meeting?????????????????????????????????????????????????????????????????????????????????? 9 September 2013

Attachment 2 - Deed of Agreement - Penrith City Council & Penrith CBD Corporation


	Deed of Agreement
	Penrith City Council ABN 43 794 422 563 (?the Council?)
	Penrith CBD Corporation Limited ACN 162 523 462 (?Name?)

TABLE OF CONTENTS

Clause?? Headings?????????????????????????????????????????????????????????????????????????????????????????????????????????????????? Page

1.????? DEFINITIONS AND INTERPRETATION.. 3

1.1????????? Definitions. 3

1.2????????? Interpretation.. 4

2. ???? Duration of Agreement.. 4

3. ???? Statement of Commitment.. 4

4. ???? Scope of Agreement.. 5

5. ???? Principle.. 5

6. ???? Protocols for Working Together.. 7

7. ???? Management Structure and Process. 7

8. ???? Dispute Resolution Process. 9

8.1????????? Initial Determination.. 9

8.2????????? Procedure. 10

8.3????????? Arbitration.. 10

9.????? Insurance.. 10

10. ??????? Indemnity.. 10

11. ??????? Termination.. 10

12. ??????? Governing Law... 11

Appendix.. 13

THIS DEED is made on the??????????????????????????? day of?????????????????????????????????????????????????????????????????? 2013

PARTIES

1.	Penrith City Council (A.B.N. 43 794 422 563) of Council Chambers, High Street, Penrith in the State of New South Wales, (?the Council?)
2.	Penrith CBD Corporation Limited (A.C.N. ) of Suite 9 Level 1, 513-519 High Street, Penrith in the above State(?Corporation?)

BACKGROUND

A.??????? The Council collects funds under the Business Sub-Category Rate (?the Rate?);

B.???????? The parties hereto have agreed to work collaboratively to advance and revitalise the Penrith City Centre and for the betterment of the Penrith City Centre through the achievement of the vision of Penrith ?As the regional river city of western Sydney with a vibrant forward looking attitude that provides quality urban living and working opportunities in a safe, clean environment? in accordance with the Triennial Business Plan;

C.??????? Council will pay the Rate collected to the Corporation in accordance with this Agreement to that it can fulfil the Objectives;

D.??????? The Corporation is responsible for managing the Penrith City Centre in accordance with the Triennial Business Plan; and

E.???????? This Agreement will commence as and from the Effective Date.

OPERATIVE PROVISIONS

1.???????? DEFINITIONS AND INTERPRETATION

1.1?????? Definitions

??????????? In this Deed, unless the contrary intention appears:

?Effective Date? means the 1 July 2013 being the start date;

?Financial Year? means each period of twelve (12) months commencing on the 1 July each year and ending on the 30 June the following year;

?Lease Agreement? means the agreement between the Penrith City Centre association and Fesen Pty Ltd for the premises at Suite 10,513-519 High Street, Penrith dated 6 May 2010.

?Objectives? means those referred to in recital B;

?Rate? means the Business Sub-category Rate less 3% per annum

?Penrith City Centre? means the geographical area identified in the Penrith CBD Corporation Constitution as amended from time to time;

?Term? means a period of three (3) years from the Effective Date; and

?Triennial Business Plan? means the business plan prepared for a three year period commencing on the 1 July 2013 a copy of which is referred to in the Appendix hereto and will include any business plan or any three year period thereafter as agreed and adopted by the parties hereto.

1.2?????? Interpretation

In this Deed unless the context requires otherwise:

(a)??????? any covenant or agreement contained in this Deed on the part of two or more persons will and will be deemed to bind them jointly and severally;

(b)??????? Words importing the singular number or plural number include the plural number and singular number respectively and words importing any gender include each other gender and words importing corporations include persons and vice versa.;

(c)??????? The expression "this instrument: included the Recital, the Schedule and Appendices hereto;

(d)??????? Reference to any party to this instrument shall include the executors and administrators of that party and if a body corporate the successors of that body;

(e)??????? Reference to a Recital, Schedule or Appendix shall mean the Recital, Schedule or Appendix hereto.; and

(f)??????? The expression ?this Agreement? includes the Recitals, the Schedule and any Annexure hereto;

2. ????? Duration of Agreement

2.1?????? This Agreement will commence on the Effective Date for the Term. This Agreement is open to both parties to renew or extend the term at any time as agreed in writing between them.

2.2?????? This Agreement may be amended by mutual agreement in writing of the parties.

3. ????? Statement of Commitment

??????????? The parties hereto are committed to achieving the Objectives and the Corporation carry out its obligations herein in accordance with the Triennial Business Plan.

4. ????? Scope of Agreement

4.1?????? The Corporation is responsible for achieving the Objectives.? The implementation of the actions and activities in the Triennial Business Plan will be essential in delivering outcomes that are in accordance with the objectives outlined in the Corporation?s Constitution.

4.2?????? In pursuing the Objectives, the Corporation?s major focus in the management of the Penrith City Centre is:

4.2.1??? To contribute to the development and revitalisation of Penrith as a regional city in partnership with other agencies;

4.2.2??? To grow Penrith?s economy through development and business investment;

4.2.3??? To integrate and improve the management of Penrith?s infrastructure and services;

4.2.4??? To support the evolution of a sustainable city that is culturally diverse, clean, safe and accessible to all people;

4.2.5??? To invest in the creation of social and cultural capital to facilitate a vibrant, attractive and entertaining city;

4.2.6??? To strengthen business development and growth; and

4.2.7??? To govern the operation of the Corporation in a transparent and accountable manner;

5. ????? Principle

5.1?????? In entering into this Agreement, the parties hereto agree to abide by the principles of consultation, communication and cooperation as outlined herein. This Agreement recognises that the parties have mutual objectives in implementing a strategy for revitalising the Penrith City Centre.

5.2?????? The Parties agree to use their reasonable endeavours to implement the following general principles:

5.2.1??? Partnerships:

(a)??????? Recognise that partnerships are essential to achieve social, environmental and economic development for businesses and local community.

(b)?????? Be flexible and open to new approaches to service delivery and sustainable funding.

(c)??????? Be sensitive and responsive to the needs and constraints of both parties at the local level.

5.2.2??? Roles and responsibilities:

(a)??????? Identify and understand the roles and responsibilities of both parties in implementing the principles of this Agreement.

(b)?????? Ensure that these roles and responsibilities are considered and respected in all relevant decisions.

(c)??????? Recognise and respect the role that each plays in enhancing social, environmental and economic development of the Penrith City Centre in achieving the Objectives.

5.2.3??? Communication and consultation:

(a)??????? Open and timely communication on issues of relevance to the social, environmental and economic development of the Penrith City Centre.

(b)?????? Recognise that each party may use different processes to communicate with wider groups.

5.2.4???????? Service Delivery:

Continual improvement in the efficiency, effectiveness, timeliness and appropriateness of all service delivery within the Penrith City Centre.

5.2.4??? Outcomes:

(a)??????? Agreements with defined outcomes and performance measures.

(b)?????? Promote a realistic approach to funding and resource issues.

(c)??????? Contribute resources and expertise to the partnership process.

5.2.5??? Accountability:

(a)??????? A transparent approach where changes to roles, responsibilities and budgets are negotiated and agreed and resources necessary to implement changes are identified.

(b)?????? Undertake open assessments and reviews of the effectiveness of all projects.

(c)??????? The Corporation will report annually to Council as to the use of and application of funds throughout each financial year.

(d)?????? Have clearly defined reporting, dispute resolution and review mechanisms.

5.2.6??? Sustainable funding:

(a)??????? Council will also support the Corporation, in providing sustainable funding by the transferring of Rate to the Corporation collected during the term of this Agreement. The Corporation should leverage additional opportunities for revenue.

(b)?????? The Corporation will pay its administrative costs from the Rate received from the Council.

6. ????? Protocols for Working Together

6.1?????? The parties agree that they will each effectively and sustainably cooperate. In order to work in concert and with mutual respect to achieve agreed outcomes, the parties agree to:

(a)??????? Subject to the law cooperate through the sharing of information;

(b)??????? Consult with each other in relation to the planning, delivery and evaluation of activities and initiatives, wherever necessary;

(c)??????? Recognise and compliment each others? planning and negotiation processes and utilise these processes where appropriate; and

(d)??????? Focus their activity on achieving outcomes that are jointly agreed to by the parties in consultation with the local community.

6.2?????? The Corporation agrees to consult with Council prior to any proposed changes to its constitution.

7. ????? Management Structure and Process

7.1???? Management Meetings

The General Manager of the Council (or an appointed nominee) and the Chair of the Corporation will meet on a regular basis (no less than twice each financial year) to discuss progress of the Triennial Business Plan.

7.2???? Triennial Business Plan

7.2.1??? The parties hereto acknowledge that the Triennial Business Plan includes:

(a)??????? Confirmation of the scope and operation, having regard to the available resources and the Objectives and the Corporation?s Constitution.

(b)?????? An outline of the responsibilities of all parties that are involved in the Penrith City Centre enhancement activities.

(c)??????? Detailed statements of all identified Penrith City Centre enhancement activities and their resource implications including efficiencies and savings.

(d)?????? Activities requiring additional resources are to be identified separately from those that will be able to be undertaken within current resources.

7.2.2??? Council must agree to any change to the Triennial Business Plan where the change involves a 10% or more variation within the budget of any project or if there is a major departure from the Objectives.

7.3???? Implementation principles

7.3.1??? The parties hereto agree that the Corporation will undertake certain projects as identified in the Triennial Business Plan, which are in keeping with the goals of each of the parties and the Objectives.

7.3.2??? The Corporation will undertake projects from time to time, or in consultation with Council through its officers.

7.3.3??? Council will undertake a number of projects at its own discretion, in accordance with its own objectives for the improvement and betterment of the Penrith City Centre.

7.3.4??? In undertaking either clause 7.3.2 or 7.3.3 the parties will liaise and consult with each other in relation to any particular projects, and ensure that the concepts are compatible with that being considered for the overall Penrith enhancement efforts.

7.4 ??? Annual Implementation Plan

Within 3 months of the execution of this Agreement and annually thereafter, the Corporation must submit an implementation plan (?the Annual Plan?) which is to be reviewed and endorsed by Council. The Annual Plan must be based on the actions, priorities and resources outlined in the Triennial Business Plan. The Annual Plan must include:

(a)??????? The objectives for the forthcoming year;

(b)??????? How the Corporation proposes to achieve the objectives outlined in that plan;

(c)??????? A description of how the objectives satisfy the Objectives and is in accordance with the Corporation?s? Constitution

(d)??????? A description of how the objectives referred to in the Annual Plan meet the targets described in the Triennial Business Plan.

(e)??????? Recommendations for changes to be made to the Triennial Business Plan;

7.4.2??? The Chair and Chief Executive Officer of the Corporation must meet with Council?s delegated representatives prior to the submission of each Annual Plan. The Corporation must take into account any recommendations made by the Council?s representative in the finalisation of the Annual Plan.

7.5???? Independent Consultant ? review

Within 2 months of the anniversary date of execution of this Agreement, the Corporation must submit to Council a report which must include:

7.5.1??? An annual review reporting on the Corporation?s performance against the previous year?s Annual Plan.

7.5.2??? A description of whether the Corporation has achieved the outcomes defined in the Triennial Business Plan.

7.5.3??? Assess progress, operational and financial accountability of proposals and projects and objectives outlined in the Triennial Business Plan.

7.5.4??? Report on the provision of appropriate funding and other resource commitments to proposals and projects.

7.6?????? The Corporation must engage a suitably qualified independent consultant, who must be agreed to by Council, to carry out the review described in clause 7.5.

7.7?????? The Corporation must include this report in its annual report to the Council which must be provided within three (3) months following the end of the relevant Financial Year or within such time as otherwise agreed. The format of the report and the annual report will be determined by agreement between the parties hereto.

7.8?????? If, in the opinion of the Council, the Corporation fails to substantially achieve the objectives and tasks described in the Annual Plan, Council may withhold funding for the following year until such time as the Corporation justifies, to the Council?s reasonable satisfaction, why substantial completion of the Annual Plan was not achieved and remedial action it proposes to be adopted to meet the relevant objectives outlined in the annual Plan.

7.9?????? Payment

Subject to clause 7.8 Council will pay to the Corporation according to the following instalment schedule:

7.9.1??????????????? Instalment 1: ? A quarter of the total Rate available on 1 July each year.

7.9.2??????????????? Instalment 2:?? Balance of the Rate available on endorsement by Council of the annual report.

7.10???? If the Council does not endorse the annual report of the Corporation and does not forward the balance of the funds in accordance with Instalment 2 in clause 7.9.1, Council agrees to fund any existing contractual commitments of the Corporation for up to 6 months after Council gives notice to the Corporation of its decision not to endorse the annual report. Council will continue to fund the ongoing rent of the Corporation pursuant to the Lease Agreement for the balance of the term of the Lease Agreement or up until Council endorses the annual report, whichever is the earlier.

7.11???? Where Council does not endorse the annual report of the Corporation and does not forward the balance of the funds in accordance with Instalment 2 in clause 7.9.1, Council will not fund any new contractual commitments entered by the Corporation after the date that Council considers the annual report of the Corporation.

8. ????? Dispute Resolution Process

8.1???? Initial Determination

Prior to a party commencing in any other dispute resolution process including litigation and in the event of an unresolvable dispute (?the Dispute?) between parties to this Agreement or in the event of a party seeking to terminate this Agreement pursuant to clause 11 hereof, the Dispute will be referred by notice in writing to the General Manager of the Council who will arrange to meet with the Chair of the Corporation, to determine a solution within 14 days of that referral. If a solution cannot be found then the parties will appoint a mediator recognised by the Mediator Standards Board.

9.?????? Insurance

9.1?????? The Corporation shall take out and maintain a Professional Indemnity insurance policy in an amount of not less than $5 million and Public Liability Insurance policy in an amount of not less than $20million as approved by the Council. Such insurance policies must be maintained by the Corporation throughout the term of this Agreement.

9.2?????? In addition to the insurance policies referred to in clause 9.1, the Corporation must ensure that a suitable insurance policy is taken out giving cover to the Corporation?s board members, employees and agents against any liability, loss, damage, claim, costs and expenses arising at common law or under any statute.

10. ??? Indemnity

The Corporation shall indemnify and release the Council in respect of any judgement, action, or liability for all loss, damage or injury to persons or property arising from the negligence of the Corporation, its servants or agents (which expression shall not be taken to include the Council or any person or entity employed by, or contracted to, Council) and against any act or omission of the Corporation, its servants or agents commenced by a third party against the Council. The Corporation shall release the Council from any liability from the Corporation except the damage to the Corporation that arises from the Council?s negligent act or omission.

11. ??? Termination

11.1???? Subject to clause 8 hereto, either party may terminate the Agreement on giving the other party 30 days written notice.

11.2???? If Council terminates this agreement in accordance with clause 11.1, Council will fund any existing contractual commitments of the Corporation for up to 6 months after termination. Council will continue to fund the ongoing rent of the Corporation pursuant to the Lease Agreement for the balance of the term of the Lease Agreement following termination by the Council.

11.3???? As the Rate is collected on behalf of the Corporation, if Council terminates this Agreement in accordance with clause 11.1, Council will not be responsible for funding any new contractual commitment entered into by the Corporation after the date of termination.

12. ??? Governing Law

12.1???? This Contract shall be governed by and construed in accordance with the law for the time being in force in the State of New South Wales, and the parties agree that the courts of that state shall have jurisdiction to entertain any action in connection with this Contract, and hereby submit themselves to the jurisdiction of those courts.

12.2???? The Corporation must comply with all applicable laws and regulations, including but not limited to the Corporations Act 2001 (Cth).

EXECUTED as a Deed.

Executed for and on behalf of Penrith City Council by its authorised officer in the presence of:

)

Witness

)

Authorised Officer

Name of Witness (PRINT NAME)

)

Name of Authorised Officer (PRINT NAME)

Executed for and on behalf of Penrith CBD Corporation LIMITED pursuant to section 127 of the Corporations Act in the presence of:

)

Director/Secretary

)

Director

Name of Authorised Officer (PRINT NAME)

)

Name of Authorised Officer (PRINT NAME)

Appendix

Triennial Business Plan

(Refer attached)

?v	Meeting at which the draft corporate planning documents (Community Strategic Plan, Delivery Program, Operational Plan, Resource Strategy) are endorsed for exhibition
?*	Meeting at which the draft corporate planning documents (Community Strategic Plan, Delivery Program, Operational Plan, Resource Strategy) 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 June and December) are presented
?^	Election of Mayor/Deputy Mayor
??	Meeting at which the 2012-2013 Annual Statements are presented
?∞	Meeting at which any comments on the 2012-2013 Annual Statements are presented
?+	Meeting at which the Annual Report is presented