Council_Mark_POS_RGB

10 February 2016

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that a POLICY REVIEW COMMITTEE MEETING of Penrith City Council is to be held in the Passadena Room, Civic Centre, 601 High Street, Penrith on Monday 15 February 2016 at 7:00PM.

Attention is directed to the statement accompanying this notice of the business proposed to be transacted at the meeting.

Yours faithfully

 

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Jim Aitken OAM - 27 January 2016 to 16 February 2016 inclusive.

Councillor Tricia  Hitchen - 1 February 2016 to 28 February 2016 inclusive.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Policy Review Committee Meeting - 30 November 2015.

 

4.           DECLARATIONS OF INTEREST

Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)

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

 

5.           ADDRESSING THE MEETING

6.           MAYORAL MINUTES

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION

9.           DELIVERY PROGRAM REPORTS

10.         REQUESTS FOR REPORTS AND MEMORANDUMS

11.         URGENT BUSINESS

12.         CONFIDENTIAL BUSINESS


POLICY REVIEW COMMITTEE MEETING

 

Monday 15 February 2016

 

table of contents

 

 

 

 

 

 

meeting calendar

 

 

confirmation of minutes

 

 

DELIVERY program reports

 


Council_Mark_POS_RGB2016 MEETING CALENDAR

January 2016 - December 2016

(Adopted by Council -  23 November 2015)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.30pm

 

8

 

 

 

 

 

 

 

5

 

 

 

19

(7.00pm)

 

29@

21

18v

23#

27*

25

22@

26^ü

(7.00pm)

24

28#+

 

Policy Review Committee

7.00pm

 

15

14

11

9

20

11

8

 

10

14

12

 

 

 

 

 

 

 

 

 

 

 

 

 

 v

Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are endorsed for exhibition

 *

Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are adopted

 #

Meetings at which the Operational Plan quarterly reviews (March and September) are presented

 @

Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for December and June) are presented

 ^

Election of Mayor/Deputy Mayor

 ü

Meeting at which the 2015-2016 Annual Statements are presented

 

Meeting at which any comments on the 2015-2016 Annual Statements are presented

 +

Meeting at which the Annual Report is presented

-            Extraordinary Meetings are held as required.

-            Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).

Should you wish to address Council, please contact the Acting Senior Governance Officer, Adam Beggs.

 


UNCONFIRMED MINUTES

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

ON MONDAY 30 NOVEMBER 2015 AT 7:09PM

PRESENT

Her Worship the Mayor, Councillor Karen McKeown,  Deputy Mayor, Councillor Ross Fowler OAM, and Councillors Jim Aitken OAM, Prue Car MP (arrived 7:11pm), Kevin Crameri OAM, Marcus Cornish, Greg Davies (arrived 7:11pm), Mark Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen and John Thain (arrived 7:11pm).

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Michelle Tormey for the period 30 October 2015 to 3 January 2016 inclusive.

APOLOGIES

PRC 99  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Jackie Greenow OAM that an apology be received for Councillor Bernard Bratusa.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 9 November 2015

PRC 100  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the minutes of the Policy Review Committee Meeting of 9 November 2015 be confirmed.

 

DECLARATIONS OF INTEREST

 

Councillor Ben Goldfinch declared a Non-Pecuniary Conflict of Interest – Less than Signficant in Item 3 - Penrith Performing and Visual Arts Ltd - Annual Report as his cousin’s photo has appeared on the cover of a recent publication produced by the Joan Sutherland Performing Arts Centre.

 

ADDRESSING THE MEETING

 

Councillors John Thain, Prue Car MP and Greg Davies arrived at the meeting, the time being 7:11pm.

 

Mr Alex Karavas

 

Item 1 - Reclassification of Public Land in St Marys Town Centre

 

Mr Karavas, an affected resident, spoke in opposition to the recommendation, expressing his concerns over loss of park land and stating that more green spaces are needed in St Marys.  Mr Karavas also cited economic concerns due to the loss of public parking and increased retail floor space. 

 

PRC 101  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Jackie Greenow OAM that an extension of time be granted to enable the speaker to complete his address, the time being 7:13pm.

 

Mr Karavas concluded by adding that there are community concerns regarding the potential closure of the Lifestart Centre.  He also stated that the focus should be on the community and a sustainable environment.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Reclassification of Public Land in St Marys Town Centre

City Planning Manager, Paul Grimson introduced the report and made a presentation.

Councillor Ben Goldfinch left the meeting, the time being 7:43pm.

Councillor Ben Goldfinch returned to the meeting, the time being 7:44pm.                                

PRC 102  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jackie Greenow OAM

That:

1.    The information contained in the report on Reclassification of Public Land in St Marys Town Centre be received.

2.    Council proceed with the proposed reclassification of the land identified in Attachment 2, excluding Kokoda Park and Lang Park.

3.    The General Manager be granted delegation to make any necessary minor changes required to the Planning Proposal (provided separately to Councillors as a separate enclosure and available on Council’s website) before submitting it to the Minister for Planning.

4.    Council officers forward the Planning Proposal to the Minister for Planning with a request that he make the necessary amendments to Penrith Local Environmental Plan 2010.

5.      Any future commercial negotiations for the sale and development of the land identified in Attachment 2, excluding Kokoda Park and Lang Park, include a requirement that the current public car parking provision be replaced in full and that it be provided as free, untimed parking that is sited and designed to support retail and commercial premises in Queen Street.

6.    Should any sale of the land identified in Attachment 2 be agreed in the future, Council undertake an exercise to identify spending commitments and priorities for the proceeds of that sale.

7.    Penrith Development Control Plan 2014 be amended to secure the:

a.   implementation of actions from the Cooling the City Strategy in all new substantial development in the Town Centre;

8.    A further report be presented to a Council meeting detailing:

a.   desired configuration of public open space; and

b.   appropriate integration and connection of any expansion of the existing shopping centres with Queen Street.

An AMENDMENT was moved by Councillor John Thain seconded Councillor Mark Davies

That:

1.    The information contained in the report on Reclassification of Public Land in St Marys Town Centre be received.

2.    Council proceed with the proposed reclassification of the land identified in Attachment 2.

3.    The General Manager be granted delegation to make any necessary minor changes required to the Planning Proposal (provided separately to Councillors as a separate enclosure and available on Council’s website) before submitting it to the Minister for Planning.

4.    Council officers forward the Planning Proposal to the Minister for Planning with a request that he make the necessary amendments to Penrith Local Environmental Plan 2010.

5.    Any reconfigured public open space resulting from a future sale and development of the land identified in Attachment 2 be named and designed to enhance the interpretation of current historic associations.

6.    Any future commercial negotiations for the sale and development of the land identified in Attachment 2 include a requirement that the current public car parking provision be replaced in full and that it be provided as free, untimed parking that is sited and designed to support retail and commercial premises in Queen Street.

7.    Should any sale of the land identified in Attachment 2 be agreed in the future, Council undertake an exercise to identify spending commitments and priorities for the proceeds of that sale.

8.    Penrith Development Control Plan 2014 be amended to secure the:

a.   desired configuration of public open space

b.   appropriate integration and connection of any expansion of the existing shopping centres with Queen Street, and

c.   implementation of actions from the Cooling the City Strategy in all new substantial development in the Town Centre.

The AMENDMENT was PUT.

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

For

Against

 

Councillor Mark Davies

Councillor Prue Car MP

Councillor John Thain  

Councillor Ross Fowler OAM

Councillor Ben Goldfinch                         

Councillor Jackie Greenow OAM

Councillor Greg Davies

Councillor Maurice Girotto    

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

                            

Councillor Tricia Hitchen

 

Councillor Marcus Cornish

 

Councillor Karen McKeown

 

The AMENDMENT was LOST.

The MOTION was PUT.

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

For

Against

 

Councillor Prue Car MP

Councillor John Thain

Councillor Greg Davies

Councillor Mark Davies

Councillor Ross Fowler OAM

Councillor Marcus Cornish

Councillor Jackie Greenow OAM

 

Councillor Maurice Girotto              

 

Councillor Kevin Crameri OAM

                                                        

Councillor Jim Aitken OAM  

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Karen McKeown

 

 

The MOTION was CARRIED and on becoming the SUBSTANTIVE MOTION was also CARRIED.

 

Note:  Please refer to Minute No. 374 of the Ordinary Meeting of 7 December 2015, for amended resolution.

 

Outcome 3 - We can get around the City

 

2        Construction Specification for Civil Works                                                                   

PRC 103  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

That:

1.    The information contained in the report on Construction Specification for Civil Works be received.

2.    Council endorse the Engineering Construction Specification for Civil Works.

3.    The Engineering Construction Specification for Civil Works be applied to civil works associated with Development Applications lodged after Council’s endorsement of the document.

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

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

 

 

Outcome 7 - We have confidence in our Council

 

3        Penrith Performing and Visual Arts Ltd - Annual Report

Community & Cultural Development Manager, Erich Weller introduced the report and invited the CEO of Penrith Performing and Visual Arts Ltd, Ms Hania Radvan to give a presentation.

Councillor Kevin Crameri OAM left the meeting, the time being 8:13pm.

Councillors Marcus Cornish and Jackie Greenow OAM left the meeting, the time being 8:15pm.

Councillor John Thain left the meeting, the time being 8:16pm.

Councillors Marcus Cornish and Jackie Greenow OAM returned to the meeting, the time being 8:16pm.

Councillor John Thain returned to the meeting, the time being 8:17pm.

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:20pm.

Councillor Jim Aitken OAM left the meeting, the time being 8:23pm.

Councillor Maurice Girotto left the meeting, the time being 8:25pm.

Councillor Prue Car MP left the meeting, the time being 8:29pm.

Councillor Jim Aitken OAM returned to the meeting, the time being 8:31pm.

Councillor Maurice Girotto and Prue Car MP returned to the meeting, the time being 8:36pm.

Councillor John Thain left the meeting, the time being 8:49pm.

Councillor John Thain returned to the meeting, the time being 8:53pm.

PRC 104  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tricia  Hitchen

That:

1.    The information contained in the report on Penrith Performing and Visual Arts Ltd - Annual Report be received.

2.    Council endorse the appointment of Mr Tony Lackey and Ms Cathy Jarman as Directors of the Penrith Performing and Visual Arts Ltd as outlined in the report.

3.    Council agree to underwrite the operations of the Penrith Performing and Visual Arts Ltd until the presentation of the 2016-2017 Annual Report.

 

 

4        Penrith Aquatic & Leisure Limited - Annual Report and Board of Directors

Deputy Mayor, Ross Fowler OAM introduced the report and invited General Manager of Penrith Aquatic and Leisure Ltd, Paul Sheen and Chairman – Penrith Aquatic and Leisure Ltd, Alan Brown to give a presentation.

Councillor Kevin Crameri OAM left the meeting, the time being 8:58pm.

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:59pm.

Councillor Mark Davies left the meeting, the time being 9:00pm.

Councillor Mark Davies returned to the meeting, the time being 9:03pm.

Councillor Maurice Girotto left the meeting, the time being 9:08pm.

Councillor Maurice Girotto returned to the meeting, the time being 9:11pm.

PRC 105  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia  Hitchen

That:

1.    The information contained in the report on Penrith Aquatic & Leisure Limited - Annual Report and Board of Directors be received.

2.    Council agree to underwrite the operations of the City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd until the presentation of the 2016-2017 Annual Report.

3.    Council note and support the appointment and re-appointment of the persons named in the report to the Board of Directors of Penrith Aquatic and Leisure Ltd.

4.     Council support the concept of the splash pad facility at Penrith Pool and a report be prepared providing details on the concept be to the next Ordinary meeting of Council.

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Policy on Subdivision Lot Size in Residential Developments

Councillor Kevin Crameri OAM requested a memo reply to all Councillors urgently regarding the formulation of a policy on subdivisions lot size in residential developments in the Penrith LGA, with particular regard to Jordan Springs Central Precinct.

 

There being no further business the Chairperson declared the meeting closed the time being 9:34pm.

    


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

  

Outcome 4 - We have safe, vibrant places

 

1        Our River - Regatta Park Plan of Management                                                                1

 

2        Compliance and Enforcement Policy and Guidelines                                                       4

 

3        Review of the Penrith City Council Public Spaces CCTV Program Code of Practice     7

 

 

 

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

 

4        Keeping of Animals Local Orders Policy                                                                         17

 

Outcome 7 - We have confidence in our Council

 

5        Draft Policy on Unsolicited Requests to Purchase Council Owned Land                       23

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 2 - We plan for our future growth

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 3 - We can get around the City

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                       Page

 

1        Our River - Regatta Park Plan of Management                                                                1

 

2        Compliance and Enforcement Policy and Guidelines                                                       4

 

3        Review of the Penrith City Council Public Spaces CCTV Program Code of Practice     7

 

 

 

 

 



Policy Review Committee Meeting                                                              15 February 2016

 

 

 

1

Our River - Regatta Park Plan of Management   

 

Compiled by:               Victoria Patterson, Landscape Architect

Authorised by:            Michael Jackson, Design and Projects Manager  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Manage the development of master plans and designs for Council's assets and public domain

      

 

Executive Summary

Following on from the new vision and objectives for the Nepean River as determined through the development of the ‘Our River’ Master Plan (2013), Penrith City Council (PCC) engaged consultants Clouston Associates to prepare a site specific Plan of Management (PoM) to replace the relevant generic PoM for Regatta Park in Emu Plains. This is in accordance with the NSW Local Government Act requirement to review existing PoMs every 5 years and place the Drafts on Public Exhibition to provide opportunity for community input and feedback.

 

In parallel, a Detailed Landscape Master Plan (DLMP) and Business Case Framework (BCF) are being developed to both inform the PoM and provide more details to enable the implementation of improvements.

 

Council received a briefing on the draft Detailed Landscape Master Plan (DLMP) from Crosbie Lorimer of Clouston Associates on 16 November 2015, and this document builds upon the information presented.

 

The purpose of this report is to seek Council approval to place the Draft PoM for Regatta Park on Public Exhibition.

 

Project Background

In 2013 consultants Clouston Associates in collaboration with People Place & Partnership prepared a Master Plan for ‘Our River’ Nepean River Penrith: (www.penrithcity.nsw.gov.au/Documents/Waste-and-Environment/Our-River-Nepean-River-Masterplan---FINAL/).

Key interventions in the adopted Master Plan at Regatta Park are the realignment of River Road and the introduction of tourism related commercial activity eg. Café, restaurant.

 

Preparation of a Detailed Landscape Master Plan (DLMP) for both Tench Reserve and Regatta Park is nearing completion. Its purpose is to provide Council with sufficient detail to enable the preparation of construction documentation and in turn enable the staged implementation of works. 

 

The preparation of a Business Case Framework (BCF) is also nearing completion. It also applies to both parks in the precinct and will curate an offer to deliver on the commercial objectives for the precinct.  It addresses the strategic, economic, commercial, financial and management issues and will ensure that planning and economics are integrated to result in realistic plans, objectives and controls.

 

The PoM for Regatta Park has been prepared addressing the issues and designs that have arisen from the DLMP and BCF and provides the legislative framework to enable the landscape and commercial improvements.

 

Since the ‘Our River’ Master Plan was adopted, a Riparian Vegetation Management Plan and a Plan of Management for Tench Reserve, River Road Reserve and Weir Reserve have been adopted. A PoM for Regatta Park is now required to complete the ‘Our River’ precinct.

 

Project Location

Regatta Park is divided into two separate green spaces by River Road, Emu Plains. Regatta Park East is adjacent to the Nepean River and comprises informal grassland with mature tree plantings, some steep sloping grassland closer to the river foreshore and existing buildings (some of which are not under Council ownership or management). Regatta Park West is located on the western side of River Road and comprises a junior cricket field, children’s play area, amenities, mature tree plantings and open grassland. This PoM addresses the two parks as one – Regatta Park.

 

Plan of Management (PoM)

 

The Draft PoM for Regatta Park incorporates:

 

·    information and recommendations from the other PoMs in the precinct

·    the “Our River” Master Plan (Clouston Associates 2013)

·    Nepean River Riparian VMP (Eco Logical Australia 2014) and

·    Stakeholder feedback conducted in 2015 as part of the Regatta Park and Tench Reserve Detailed Landscape Master Plan (DLMP).

 

A key objective of the PoM is to identify the scope and scale of permissible development on the site in accordance with the prescribed core objectives described in the Local Government Act. These core objectives reflect the optimum relationship of uses and facilities to the park’s physical characteristics and for access to those characteristics by the community. The PoM identifies corresponding performance targets in relation to these core objectives, developed specifically for Regatta Park. The Action Plan in the PoM identifies how Council proposes to achieve these objectives and performance targets. The Action Plan also identifies how Council proposes to assess its performance with respect to these.

 

The PoM prioritises actions to address the following key issues:

 

·    Access and Circulation

·    Recreational and commercial uses and facilities

·    Landscape Character and Visual Amenity

·    Natural Environment and Cultural Heritage

·    Management and Governance

 

There are 34 land parcels managed by Council within the Regatta Park precinct involving several owners (Department of Planning and Environment (Office of Strategic Lands), Department of Primary Industries (Lands)/Crown Land, private landowners and Penrith City Council). The land is zoned RE1 (Public Recreation).

 

Of note is an anomaly regarding land ownership, which is disclosed in the Draft PoM. A parcel of land within the reserve that Council’s GIS mapping system indicates has no land titles issued to it. The land is currently in PCC’s possession. The land is to be vested in PCC and Council is in the process of formalising ownership.

 

Further portions of land at this location are in the Blue Mountain City Council’s ownership on title which should have been transferred to Penrith Council in 1963 by gazettal No. 102 on 25 October 1963 following NSW government alteration to boundaries at Emu Plains. Council is currently working with Blue Mountains Council to have the titles of the subject land transferred.

 

The Draft Plan of Management for Regatta Park is ready to go on Public Exhibition.

 

Next Steps

Following approval at this meeting the Draft PoM is proposed for Public Exhibition from 19th February to 18th March 2016, with the closing date for submissions being 1st April 2016.

 

At any stage during the project, any feedback received from constituents by Councillors should be forwarded to Council’s project team for consideration (via the Design & Projects Manager).

 

After the Public Exhibition phase feedback will be reviewed and recommendations considered before the final draft is reported to Council for adoption.

 

Following adoption the associated planning, detailed design and documentation for implementation can commence.

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Our River - Regatta Park Plan of Management be received

2.    The Our River Draft Regatta Park Plan of Management be endorsed for Public Exhibition.

 

 

ATTACHMENTS/APPENDICES

1.  

Our River DRAFT Regatta Park Plan of Management

61 Pages

Attachments Included

  


Policy Review Committee Meeting                                                              15 February 2016

 

 

 

2

Compliance and Enforcement Policy and Guidelines   

 

Compiled by:               Anthony Price, Environmental Health Coordinator

Authorised by:            Peter Wood, Acting Development and Environmental Health Manager  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Protect public lands and community facilities, and enforce compliance

      

 

Executive Summary

There are a number of departments across Council providing a compliance and enforcement role in the community. Council has a responsibility as an enforcement authority to ensure compliance and enforcement decisions and actions are reasonable and applied consistently. Regulatory and enforcement actions should also be exercised to ensure the health and safety of the community, and for environmental protection. The attached Compliance and Enforcement Policy and supporting guidelines have been prepared to facilitate these outcomes.

 

The spirit of the policy is to use a graduated approach to enforcement action, however it recognises in some situations the gravity of an incident or circumstance may require more immediate regulatory action.

 

The policy has been prepared incorporating feedback from a public exhibition process and ongoing consultation with an internal working group.

 

It is recommended the attached policy be adopted by Council.

 

Compliance and Enforcement Policy

 

Penrith City Council is an enforcement authority and its officers are required to make decisions and use discretion about appropriate enforcement actions when non-compliant issues are identified. Sometimes regulatory and enforcement actions can be complex and difficult to investigate, negotiate and resolve. Decisions which are taken should be exercised to ensure the health and safety of the community, and for environmental protection.

 

Council has a responsibility under Section 8 of the Local Government Act 1993 to ensure its regulatory activities are carried out in a consistent manner and without bias. To facilitate these requirements the attached policy has been developed with consideration of the “Model Policy” prepared for Local Councils by the NSW Ombudsman.

 

The policy encourages positive assistance of the community in reporting issues of concern and supports working collaboratively with the community to promote the benefits of compliance as a way of sustaining a safer quality of life for all.

 

The policy also endorses a graduated approach to enforcement action, for example first issuing of a warning letter --> followed by a statutory Notice or Order if needed --> followed by a Penalty Infringement Notice (PIN), or Court action if compliance has not been achieved by any of the previous actions.

 

However, the policy also recognises in some situations the gravity of the incident or other circumstances determines that a graduated approach is not appropriate and immediate regulatory action is required e.g. where and activity is or is likely to result in a significant public health or safety risk, or is or likely to cause significant environmental harm.

 

The policy addresses a number of important enforcement issues including:

·... Council’s compliance and enforcement responsibilities

·... Procedural fairness

·... Code of conduct of officers

·... Managing conflicts of interest

·... Disclosure of information requirements

·... Managing customer requests

·... Managing unreasonable complainant conduct

·... Roles of other enforcement authorities

·... The decision making process

·... Recovery of costs, and

·... Community awareness

 

To ensure the policy remains contemporary it is intended to review the document every 3 years or after legislative changes.

 

Public Exhibition

 

The draft policy was placed on public exhibition from 9 March to 6 April 2015. One submission was received. The main issues raised and the relevant sections of the policy responding to these issues are provided in the following table:

 

Issue

Relevant Policy Sections

Complainants should be informed about the general content of notices and when they are issued.

Section 12.2 provides information on written responses. Section 12.6 and 12.8 provide information on customer updates and keeping customers informed in relation to the action taken.

Complainants should be informed about building certificate applications as there is no appeal process and these applications do not appear on Council's DA tracker.

Section 12.6 and 12.8 provide information on customer updates and keeping customers informed in relation to the action taken. Section 19.5 provides details on notifying customers about final decisions in writing.

The policy should include access to information details

Section 11.7 provides this information.

Complainants should be updated if action time-frames will be exceeded

Section 12.2 and 12.5 provide information on response timeframes. Section 12.6 provides information on customer updates.

Complainants should receive information about final decisions on matters in writing.

Section 19.5 provides details on notifying customers about final decisions in writing.

 

Supporting Guidelines

 

An internal supporting document known as the ‘Compliance and Enforcement Guidelines’ (copy attached) has also been developed to provide further details for Council Officers on compliance and enforcement options and conducting investigations. This document will also help to facilitate a consistent approach for departments with regulatory responsibilities and will ensure officers deliver the objectives of the policy. The attached version has been adapted for Council using the June 2002 NSW Ombudsman Enforcement Guidelines for Councils and the content remains consistent with the recently released NSW Ombudsman’s December 2015 guidelines. The guidelines are intended to be a dynamic document that will continue to be reviewed and updated as needed by the relevant departments to ensure they remain contemporary.

 

Support from Senior Legal Officer

 

The Senior Legal Officer supports the policy. It will provide Compliance Officers with support and consistency in managing compliance matters. Importantly the policy is designed to ensure there is an escalated approach to enforcement action, with the flexibility of taking immediate enforcement action, include legal proceedings, where the gravity of the alleged offence calls for such action.

 

The policy will also demonstrate the Council’s approach to compliance and enforcement action. Courts will expect compliance and enforcement action to be conducted in accordance with the policy, and the Courts will expect for litigation to be conducted as a last resort, or where the gravity of the alleged offence warrants that action.

 

Conclusion

 

There are a number of departments across Council providing a compliance and enforcement role in the community. Council has a responsibility as an enforcement authority to ensure compliance and enforcement decisions and actions are reasonable and applied consistently.

 

The Compliance and Enforcement Policy and supporting guidelines have been prepared to facilitate and ensure a consistent approach to enforcement activities by Council in the City. The policy and guidelines will set the standard internally for a consistent corporate approach to compliance activities. The policy will also provide the community with information on Council’s position in relation to its compliance and enforcement obligations.

 

The policy has been prepared incorporating feedback from a public exhibition process and ongoing consultation with an internal working group.

 

It is recommended the attached policy be adopted by Council.

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Compliance and Enforcement Policy and Guidelines be received.

2.    Council adopt the attached Compliance and Enforcement Policy.

 

 

 

ATTACHMENTS/APPENDICES

1.  

Compliance and Enforcement Guidelines

34 Pages

Attachments Included

2.  

Compliance and Enforcement Policy

19 Pages

Attachments Included

  


Policy Review Committee Meeting                                                              15 February 2016

 

 

 

3

Review of the Penrith City Council Public Spaces CCTV Program Code of Practice   

 

Compiled by:               Allison Kyriakakis, Community Safety Coordinator

Olivia Kidon, Community Safety Co-ordinator

Authorised by:            Murray  Halls, Public Domain Co-ordinator  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Provide security services to Council property and public areas

      

 

Executive Summary

Penrith City Council, together with local police and key community stakeholders, is committed to fostering a local environment which is safe to live in, work in, and visit.

 

In an effort to promote safety and to assist local police with the detection of criminal activity and anti-social behaviour, CCTV cameras have been installed in identified priority public space locations in the Penrith Local Government Area (LGA). These locations have been identified by Council in conjunction with local police as areas requiring increased levels of formal surveillance to deter criminal activity and enhance community safety.

 

In 2010, Council adopted the Penrith City Council Public Spaces Closed Circuit Television (CCTV) Program Code of Practice to provide a clear policy framework for the operation of all CCTV cameras under the ownership and control of Penrith City Council in accordance with relevant legislative guidelines. This policy has recently been reviewed and amendments have been proposed to reflect legislative changes, new technical capabilities and program expansion due to recent grant funding for the provision of additional public space CCTV cameras.

 

This report recommends that the information contained in the report on Review of the Penrith City Council Public Spaces CCTV Program Code of Practice be received; that Council support the amendments to the Penrith City Council Public Spaces CCTV Program Code of Practice and exhibition of the Code for public comment. 

Background

 

The Penrith City Council Public Spaces CCTV Program is a community safety initiative which forms one component of Council’s broader strategy to minimise crime and enhance the safety of public spaces in the Penrith Local Government Area (LGA).

 

Research suggests that on its own, CCTV is not an effective long-term crime prevention strategy, but rather must be used as part of a coordinated response to addressing identified crime and safety problems.

 

The current CCTV program includes a combination of hardwired and stand-alone CCTV cameras at identified locations across the City. Cameras are not live-monitored, but rather CCTV footage is recorded and retained for a minimum 21-day period in response to formal requests from police in relation to criminal investigations.

 

Whilst the majority of Penrith City Council operated CCTV cameras have been installed to safeguard Council properties and buildings, over recent years Council’s CCTV program has gradually expanded to include additional locations (both Council property and identified public spaces) in response to identified crime and safety issues.

 

Locations of Council-operated CCTV Cameras in the Penrith LGA

 

Council-operated CCTV cameras are currently installed at the following locations in the Penrith LGA:

 

-      Penrith City Council Civic Centre, 601 High Street Penrith;

-      Public open space known as ‘The Mondo’, located between the Penrith City Council Civic Centre and Joan Sutherland Performing Arts Centre, Penrith;

-      Penrith City Council Works Depot, Copeland Street, Kingswood;

-      Judges Place Car Park, Woodriff Street, Penrith;

-      Penrith City Council Queen Street Centre, 207-209 Queen Street, St Marys;

-      Open space at Glenmore Park Child and Family Centre, Blue Hills Drive, Glenmore Park;

-      Public open space adjoining Ripples Leisure Centre, Charles Hackett Drive,  St Marys;

-      Ched Towns Reserve, Town Terrace, Glenmore Park.

 

 

The suitability of installing CCTV cameras at public space locations throughout the City is investigated on a case-by-case basis and is dependent on various factors, including (but not limited to):

 

-      Crime data from local police and/or the NSW Bureau of Crime Statistics and Research (BOCSAR) for the subject location;

-      Whether CCTV is reasonably necessary for crime prevention or detection purposes, or whether there were other environmental factors that could be considered to enhance safety (e.g. improved lighting, reduced vegetation to promote improved passive surveillance).

-      Technical requirements and suitability of the site for the effective placement of CCTV cameras;

-      Legislative requirements including any foreseeable impacts on privacy to neighbouring property owners;

-      Cost implications (including capital expenditure costs and ongoing system maintenance and management);

 

 

Public Spaces CCTV Program Code of Practice

 

The complexities of establishing a CCTV program, high-costs of installation, management, maintenance and legal considerations, requires that a clear policy framework be developed and regularly reviewed to support the program and outline the aims, protocols and underlying principles.

 

In 2010, Council adopted the Penrith City Council Public Spaces CCTV Program Code of Practice. This public document provides a policy framework for the management and operation of the CCTV program, ensuring compliance with relevant legislation, principles and guidelines.

 

The Code of Practice is also accompanied by a set of Standard Operating Procedures (SOPs) that are used by authorised Council staff and police in relation to the operation of the CCTV program.

 

Local Area Agreements were also developed with St Marys and Penrith Local Area Commands of NSW Police to outline the responsibilities of each party in relation to the CCTV program.

 

Review of the Code of Practice

 

A review of the Public Spaces CCTV Program Code of Practice has recently been conducted. The review has been prompted by changes to legislation, NSW government guidelines and new technical capabilities relating to Council’s expansion of public space CCTV cameras, as outlined below.

 

1.   Changes to legislation relating to local government’s use of CCTV systems, including privacy considerations and public access to information.

 

Since Council’s adoption of the current Code of Practice in 2010, there have been some changes to legislation relating to the use of CCTV systems by local councils and public agencies in public space locations. 

 

This includes amendments to the Privacy and Personal Information Protection Amendment (PPIP) Act 1998 in response to a Shoalhaven City Council case.

 

In 2013, the NSW Administrative Decisions Tribunal (ADT) found that Shoalhaven City Council had contravened a number of Information Protection Principles (IPPs) set out in the Privacy and Personal Information Protection Act 1998 (NSW) when operating a CCTV surveillance program in Nowra (SF v Shoalhaven City Council [2013] NSWADT 94). The ADT found that, in the particular circumstances of this case, while the Council had authority to collect personal information using CCTV cameras operating in a public place, the Council had not complied with the IPPs when collecting and storing the personal information.

 

This case prompted the NSW Government to introduce changes to legislation to put beyond doubt the ability of Councils to carry out CCTV surveillance for crime prevention purposes.

 

The Privacy and Personal Information Protection Amendment (CCTV) Regulation 2013 under the Privacy and Personal Information Protection Act 1998 now makes it clear that local councils are exempt from certain provisions of the PPIP Act relating to the use of CCTV cameras, specifically as follows:

 

-      A local council is exempt from section 11 of the Act with respect to the collection of personal information by using a CCTV camera that the council has installed for the purpose of filming a public place if the camera is positioned so no other land is filmed (unless it is not reasonably practicable to avoid filming the other land when filming the public place).

-      A local council is also exempt from section 18 of the Act with respect to the disclosure to the NSW Police Force of personal information by way of live transmission from such a CCTV camera.

 

It is a requirement however that if a NSW Government agency or local council wants to use CCTV in a public place, it must make sure that it is using CCTV for lawful purposes directly related to the agency's functions or activities and that the use of CCTV is reasonably necessary for those purposes. Councils must also ensure that:

 

-      Under section 10 of the PPIP Act, to provide certain information to persons about the collection and purpose for collection of the personal information. For example, Council must ensure clear signage and public information is available in relation to the operation of the CCTV program.

 

-      Under section 12 of the PPIP Act, the information collected under the CCTV program is protected by taking reasonable security safeguards against loss, unauthorised access and misuse.

 

Whilst the current Code of Practice already contains provisions relating to privacy and public information, the proposed amendments outlined further by this report are designed to reflect legislative changes and ensure best practice standards are maintained.

 

This includes minor changes to the Code relating to signage and provision of clear public information about the operation of the program, and additional operational safeguards to ensure that the program is managed with due diligence to protect against access and privacy breaches.

 

2.   Release of the updated NSW Government Policy Statement and Guidelines for the Establishment and Implementation of CCTV in Public Spaces (2014).

 

The Penrith City Council Public Spaces CCTV Program Code of Practice was developed in accordance with the NSW Government Policy Statement and Guidelines for the Establishment and Implementation of CCTV in Public Places (2001).

 

These guidelines were initially developed by the NSW Government in 2001 to assist local councils and other organisations with the implementation of public space CCTV programs, specifically to ensure confidentiality, adherence to correct procedures and to safeguard the privacy of all persons authorised to manage the CCTV system.

 

These guidelines were reviewed and updated by the NSW Government in 2014 to ensure they continue to reflect current legislation and technological advancements in CCTV systems.

 

The proposed changes to the Penrith City Council Public Spaces CCTV Program Code of Practice have therefore been made in accordance with the updated guidelines.

 

3.   Expansion of the Penrith City Council Public Spaces CCTV Program following recent grant funding and enhanced technical capabilities.

 

In 2014, Council was awarded a $300,000 grant under the Federal Government’s Safer Streets Programme for the installation of public space CCTV cameras at Queen Street, St Marys; High Street, Penrith and Station Street, Penrith.

 

A number of CCTV cameras are being installed at these locations with works to be completed by June 2016. This will contribute to a significant expansion of Council’s Public Spaces CCTV Program.

 

The cameras at these locations will also enable police access to live camera footage (for viewing purposes only) – a feature not previously possible under the existing CCTV program.

 

The expansion of the Penrith City Council Public Spaces CCTV Program therefore requires amendments be made to the existing Code of Practice and accompanying set of Standard Operating Procedures to ensure they are reflective of current legislation and best practice guidelines, and accommodate the scope and capabilities of the CCTV system in operation. 

 

This includes provisions relating to remote access to view live CCTV footage by local police and the conditions under which this can be carried out. 

 

 

All Council staff responsible for the management and operation of the CCTV program are fully aware of the contents of the Code of Practice. The amendments outlined below do not significantly impact on the operation of the program, but rather ensure the program operation meets legislative requirements and best practice guidelines.

 

As local police are key partners of the program, the existing Local Area Agreements with Penrith and St Marys Commands will also be reviewed and updated, in consultation with local police, to clearly outline the responsibilities of each party in relation to the CCTV Program. This will occur once the amended Code of Practice is adopted by Council. This is particularly important given the expansion of the program in Penrith and St Marys city centres due to Federal Government grant funding, and new technical capabilities that will be available to the police to remotely access a live view of selected cameras during a crime or emergency event in progress.

 

Proposed Amendments

 

The proposed amendments to the Code of Practice recommended for placing on public exhibition are outlined in Attachment 1. The newly amended version of the Penrith City Council Public Spaces CCTV Program Code of Practice is also attached (refer Attachment 2).

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Review of the Penrith City Council Public Spaces CCTV Program Code of Practice be received.

2.    Council support the amendments to the Penrith City Council Public Spaces CCTV Program Code of Practice and support the exhibition for public comment.

 

 

 

 

 

 

 

 

ATTACHMENTS/APPENDICES

1.  

Summary of amendments to the Public Spaces CCTV Program Code of Practice

7 Pages

Attachments Included

2.  

Revised Public Spaces CCTV Program Code of Practice

19 Pages

Attachments Included

   


 

 

Outcome 5 - We care about our environment

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


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

 

Item                                                                                                                                       Page

 

4        Keeping of Animals Local Orders Policy                                                                         17

 

 

 



Policy Review Committee Meeting                                                              15 February 2016

 

 

 

4

Keeping of Animals Local Orders Policy   

 

Compiled by:               Anthony Price, Environmental Health Coordinator

Authorised by:            Peter Wood, Acting Development and Environmental Health Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Contribute to the health and wellbeing of the City's community

      

 

Executive Summary

Animals are an important part of the community providing benefits such as companionship and social wellbeing, although in some circumstances poor management and inappropriate care of animals can impact on residential amenity in terms of noise, odour, property damage, health and safety.

 

Council Officers often receive enquiries and investigate complaints in relation to animals and the condition of a premises, impacts on surrounding properties (typically from waste, odour or noise), or in relation to more general nuisance from animal behaviour. Generally less formal options are attempted first, but in some circumstances Council Officers will need to issue an Order under the Local Government Act 1993 (the Act) to ensure owners meet their pet ownership responsibilities.

 

A Keeping of Animals Local Orders Policy has been prepared to inform the community on the recommended guidelines Council will take into consideration when determining whether or not to issue an Order under Section 124 of the Act.

 

A draft policy was initially presented to Council’s Policy Review Committee meeting for discussion in April 2014. After further development the policy was presented to an Ordinary Meeting of Council in May 2015 prior to being placed on public exhibition for 30 days.

 

The attached version of the policy has been prepared incorporating feedback from the public exhibition process. This consultation included meetings and follow-up communications with representatives of specialist dog and bird groups/clubs which has resulted in a much improved policy document.

 

It is recommended the attached policy be adopted by Council.

 

Draft Keeping of Animals Local Orders Policy

The Local Government Act 1993 (the Act) permits local councils to prepare a local orders policy that, if adopted, specifies criteria councils must take into consideration in determining whether or not to issue an Order under section 124 of the Act.

 

The main orders used under the Act in relation to the keeping of animals include:

 

·    Order 18 - Not to keep birds or animals on premises, other than of such kinds, in such numbers or in such manner as specified in the order

·    Order 21 - To do or refrain from doing such things as are specified in the order to ensure that land is, or premises are, placed or kept in a safe or healthy condition

This Local Orders Policy has been prepared in accordance with the Act to achieve the following objectives:

 

1.   To provide guidelines for local residents on what is usually considered an appropriate number and kind of animals which may be kept; and

2.   To ensure the keeping of animals does not result in unhealthy or unsafe conditions or cause a nuisance to others, and

3.   To outline criteria Council will take into consideration when determining whether or not to issue an Order in relation to the keeping of animals.

 

This policy applies to the keeping of most common animals in residential areas of the City and more generally the keeping of these animals as domestic pets in all areas of the City. The policy does not apply to the keeping of animals for commercial or agricultural purposes.

 

This policy does not introduce any new restrictions or approval requirements on the number of animals that can be kept in the City. When investigating animal complaints Council Officers will consider the guidelines in this policy before determining an appropriate response. This includes whether the number of animals kept at a property contribute to any impacts on residential amenity in terms of noise, odour, property damage, health and safety.

 

It is also important to note the Policy has been prepared to compliment and not duplicate Council’s responsibilities under the Companion Animals Act 1998.

 

Public Exhibition

 

The draft policy was placed on public exhibition from 15 June to 14 July 2015. Twenty two (22) written submissions were received. In addition to considering written submissions Council Officers met with representatives of the following specialist dog and bird groups/clubs to workshop policy issues and discuss policy improvements:

 

·    DogsNSW

·    The Canary and Cage Bird Federation of Australia

·    The Finch Society of Australia

·    Hawkesbury Finch Club Branch

·    Finch Exhibitors Society

·    Penrith Valley Branch of the Budgerigar Society of NSW

 

This process of consultation was very constructive and the valuable input of these specialist groups has resulted in amendments that have improved the overall policy document. The following table provides a summary of the key issues raised during the consultation process and the amendments made to the policy to respond to these issues:


 

 

Issue

Policy Amendments

There has been some confusion in relation to the policy setting City wide restrictions on the number of animals that can be kept at a residential premises.

An additional paragraph has been added to the introduction to further clarify the policy does not introduce any new restrictions or approval requirements on the number of animals that can be kept in the City. It is also further explained when investigating animal complaints Council Officers will consider the guidelines in the policy before determining an appropriate response to animal complaints. This includes whether the number of animals kept at a property contribute to any impacts on residential amenity in terms of noise, odour, property damage, health and safety.

The word guidelines has also been added in the heading for each section to help clarify the intent of the information.

Clarification was requested when keeping of animals is considered a commercial activity.

A definition of commercial animal boarding and training establishment has now been provided in the approval considerations section of the policy.

Significant concern was raised with the guidelines on dogs specifying a number or weight category that can be kept at a residential premises.

The guideline specifying the number of dogs and weight of dogs has been removed. The dogs guidelines now recognises the number of dogs suitable to be kept at a residential premises will depend on the breed, the availability of appropriate living and exercise areas and the management practices of dog owners.

Specialist dog and bird groups/clubs indicated their organisations have the expertise to assist and provide advice in relation to appropriate animal keeping standards and practices.

Details have been included where people can seek specialist advice about keeping of dogs. Contact details have been included for DogsNSW on the relevant contacts page.

Details have been included where people can seek specialist advice about keeping of birds. Contact details have been included for the specialist bird groups/clubs on the relevant contacts page.

It has also been suggested where Council is investigating animal complaints that animal owners can initially be referred by Council to these specialist groups for assistance before Council decides to take any formal regulatory action to resolve a matter.

During consultation with specialist bird groups/clubs a number of technical changes were suggested in relation to the guidelines for caged birds.

These technical changes have been made to the guidelines for caged birds.

 


 

 

Conclusion

Animals are an important part of the community providing benefits such as companionship and social wellbeing, although in some circumstances poor management and inappropriate care of animals can impact on residential amenity in terms of noise, odour, property damage, health and safety. In some circumstances Council Officers will need to issue an Order under the Local Government Act 1993 to ensure owners meet their pet ownership responsibilities.

 

The Keeping of Animals Local Orders Policy has been prepared to inform the community on the recommended guidelines Council Officers will take into consideration when determining whether or not to issue an Order under Section 124 of the Local Government Act.

 

The policy has been prepared incorporating feedback from the public exhibition and consultation process, particularly valuable input from specialist dog and bird groups/clubs.

 

It is recommended the attached Policy be adopted by Council.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Keeping of Animals Local Orders Policy be received.

2.    Council adopt the Keeping of Animals Local Orders Policy.

 

 

 

ATTACHMENTS/APPENDICES

1.  

Keeping of Animals Local Orders Policy

16 Pages

Attachments Included

   


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                       Page

 

5        Draft Policy on Unsolicited Requests to Purchase Council Owned Land                       23

 

 

 



Policy Review Committee Meeting                                                              15 February 2016

 

 

 

5

Draft Policy on Unsolicited Requests to Purchase Council Owned Land   

 

Compiled by:               Stuart Benzie, Administration Officer - Policy & Communication

Authorised by:            Adam Beggs, Acting Senior Governance Officer

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Ensure that the organisation promotes ethical behaviour, risk management, transparent decision making and meets contemporary governance standards

      

 

Executive Summary

The purpose of this report is to advise Councillors on the attached draft policy on Unsolicited Requests to Purchase Council Owned Land (the draft policy) and to seek Council’s endorsement of the draft policy.

 

It is not uncommon for Council to be approached by individuals or businesses with requests to purchase or obtain a long term lease over Council owned land, even though Council may not have offered the land for sale or lease on the open market (unsolicited requests). At present, Council does not have a formal process for managing and responding to these types of requests.

 

When disposing of land Council’s standard practice is to offer the land for sale or lease through competitive open market processes. There are times however where there may be significant community benefits in dealing directly with a proponent for the sale or lease of land, such as when the proponent is an adjoining owner and is able to deliver unique benefits to the community.

 

The attached draft policy is intended to provide a fair and transparent mechanism for considering unsolicited requests to purchase or obtain a long term lease of Council owned land, by taking into account the proposed community benefits associated with the proposal to obtain the land. It also ensures that Council is able to achieve important strategic objectives and obtain value for money, while maintaining its responsibilities for managing and protecting public land assets.

 

Councillors were provided with information on the attached draft policy at a Councillor Briefing on 2 December 2015. The report recommends that Council adopt the draft policy on Unsolicited Requests to Purchase Council Owned Land.

Background

Council regularly reviews its public land holdings to identify land that is surplus to its requirements. When surplus land is identified for sale or long term lease, Council’s usual approach is to offer the land for sale or lease through competitive open market processes. This ensures that Council achieves value for money and provides equal opportunities for purchasers and lessees.

 

However, it is not uncommon for Council to be approached by individuals or businesses with requests to purchase or lease Council owned land, even though Council may not have offered the land for sale or lease on the open market. Approaches such as these are considered to be unsolicited requests.

 

Unsolicited requests generally involve a suggestion that Council sell or lease the land to the proponent by exclusive negotiation and for a specific purpose. For the purpose of the attached draft policy, this suggestion is considered to be the unsolicited request’s associated proposal.

 

At present, Council does not have a formal process for managing or responding to unsolicited requests. This means that Council deals with unsolicited requests on a case by case basis which can potentially be an inconsistent approach.

 

In February 2015 Council endorsed the establishment of the Property Development Advisory panel as a Section 355 Committee of Council to guide Council’s strategic property initiatives. The independent Property Development Advisory Panel and Council’s Property Strategy Group (Council officers) have recognised that there are occasions where an unsolicited request may provide real community benefits and help to achieve Council’s strategic objectives. For this reason it has been suggested that Council adopt a policy for managing unsolicited requests.

 

An earlier version of the attached draft policy was provided to Council’s independent Property Development Advisory Panel on 7 October 2015. The independent Property Development Advisory Panel was supportive of the draft policy and provided additional feedback that has been taken into account in the attached draft policy. Councillors were provided with information on the attached draft policy at a Councillor Briefing on 2 December 2015. No changes have been made to the draft policy provided to the Councillor Briefing.

 

Council’s standard practice of selling or leasing land through the open market has been maintained under the draft policy. The draft policy does however allow Council to directly enter into negotiations for the sale or lease of land in response to unsolicited requests without going to the open market, if there are significant and justifiable reasons for doing so. The draft policy provides a consistent merit based process for determining this. It also ensures that high standards of probity and transparency are maintained throughout the unsolicited request process.

Legal Obligations

Under the Local Government Act 1993 (NSW) Council has a range of responsibilities relating to the management of public land and its long term decision making.

 

Aside from those obligations, there are no legal requirements for Council to sell or lease land through open market processes. Therefore, Council is not legally prevented from entering into direct negotiations with a proposed purchaser for the sale or long term lease of Council owned land that is classified as operational.

 

Council must however uphold high standards of probity that are consistent with public expectations. This can be achieved by demonstrating transparency, accountability and fairness. The attached draft policy has been developed with these principles in mind.

NSW State Government’s Unsolicited Proposals Guide for Submission and Assessment (2014)

In 2014 the NSW Government published an updated Unsolicited Proposals Guide. The State Government’s Guide outlines a transparent and streamlined approach facilitating the NSW Government and private sector working together to develop and deliver innovative ideas. The Guide’s key objectives are to:

 

“provide consistency and certainty to private sector participants as to how their unsolicited proposals will be assessed within a transparent framework with key drivers for the NSW Government being how the proposal helps meet a strategic Government objective and value for money.”

 

Although there are differences between the NSW Government’s Guide and Council’s draft policy due to the varying functions of the two tiers of government, the philosophies of the NSW Government’s Guide are largely transferable to Council.

 

A key focus of the NSW Government’s Guide is that, to be agreed to, an unsolicited proposal must demonstrate unique and beneficial attributes that cannot be readily delivered by competitors. Part of this assessment includes consideration of whether the proponent owns something that would limit the Government from contracting with other parties if the Government went to tender. In the attached draft policy, a similar consideration for Council may be whether the proponent is an adjoining land owner.

Assessment Process for Considering Unsolicited Requests

The attached draft policy includes a 5-stage assessment process for considering unsolicited requests. Those stages are:

 

1.   Preliminary Enquiries and Concept Review

2.   Submission and Preliminary Assessment

3.   Consideration by the Property Strategy Group

4.   Negotiation and Binding Agreement

5.   Final Approval and Resolution of the Council

 

These stages are summarised below. The complete assessment process is contained in the attached draft policy.

 

Stage 1: Preliminary Enquiries and Concept Review

 

Stage 1 provides proponents with the opportunity to make preliminary enquiries about Council owned land and to meet with Property Development staff and other relevant staff to discuss their initial concepts. The Property Development Manager will keep the Property Strategy Group informed of enquiries received and discussions held. Council’s staff are required to keep records of any discussions held.

 

Stage 2: Submission and Preliminary Assessment

 

Unsolicited requests and their associated proposals must be received in writing. When a written submission is received Council’s Property Development staff will undertake a preliminary assessment based on the assessment criteria outlined in the policy. Property development staff will then provide the Property Strategy Group with a preliminary assessment report including an evaluation against the assessment criteria.

 

Stage 3: Consideration by the Property Strategy Group

 

The Property Strategy Group will be guided by the preliminary assessment report in considering the unsolicited request and its associated proposal. There are 3 possible outcomes from this stage:

 

a.   the Property Strategy Group determines that the unsolicited request is not suitable for further consideration and declines the request

b.   the Property Strategy Group agrees to the suggestion to sell the land as a result of the unsolicited request, but only on the condition that Council markets the land through a competitive process, or

c.   the Property Strategy Group supports the unsolicited request and the associated proposal (i.e. agrees to enter into direct negotiations with the proponent for the sale of the land based on the details of the associated proposal).

 

In making its decision the Property Strategy Group will consider a range of matters as outlined in the draft policy and will consult with Council’s independent Property Development Advisory Panel. Notwithstanding this process and the decisions made within this stage, final approval and transaction of the sale can only be achieved by resolution of the Council.

 

Stage 4: Negotiation and Binding Agreement

 

If the Property Strategy Group supports the unsolicited request and its associated proposal, Council’s staff may be in discussions with the proponent to secure the outcomes of the associated proposal. Terms and conditions protecting Council’s interests will be discussed. Proposed developments will be subject to the standard development application and approval processes as would any other development. The sale of land is not assured and cannot be processed until the sale is approved by resolution of the Council (at stage 5).

 

Stage 5: Negotiation and Binding Agreement

 

Final approval for the sale of land can only be granted by resolution of the Council. Should Council resolve not to sell the land or if the proponent is unsuccessful in obtaining the required development approval, Council may withdraw from the sale.

Assessment Criteria

Full details of the assessment criteria are included in the draft policy. The assessment process includes consideration of whether Council should enter into direct discussions with the proponent for the sale or lease of land. Key considerations for this include:

 

·    Demonstrated uniqueness of the proposal

·    Does the proponent own adjoining land?

·    Could outcomes of the proposal be delivered by competitors?

·    It is likely that Council and the community would obtain better outcomes by selling the land through the open market?

 

Under the attached draft policy Council’s position is still to sell land through competitive open market processes. However, in those rare circumstances if a proposal meets the criteria and Council is of the view that it should deal directly with the proponent for the sale or lease of land, then there are provisions within the draft policy to allow this to occur.

Conclusion

The attached draft policy provides a fair, consistent and transparent framework for Council to deal with unsolicited requests to purchase or obtain a long term lease of Council owned land.

 

Council’s standard position is to offer land for sale or long term lease through competitive open market processes and this has been maintained under the draft policy. The draft policy however allows Council to deal directly with proponents for the sale or long term lease of land where there are significant community benefits in doing so, such as when the proponent is an adjoining land owner and is able to deliver unique benefits to the community. It is recommended that Council adopt the attached draft policy for dealing with unsolicited requests to purchase Council owned land. If the policy is adopted it is proposed to keep the policy under regular review.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Draft Policy on Unsolicited Requests to Purchase Council Owned Land be received

2.    The attached draft policy on Unsolicited Requests to Purchase Council Owned Land be adopted.

 

 

ATTACHMENTS/APPENDICES

1.  

Unsolicited Requests to Purchase Council Owned Land Draft Policy

15 Pages

Attachments Included

   



 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 15 February 2016

Report Title:            Our River - Regatta Park Plan of Management

Attachments:           Our River DRAFT Regatta Park Plan of Management



Policy Review Committee Meeting                                                                            15 February 2016

Attachment 1 - Our River DRAFT Regatta Park Plan of Management

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 15 February 2016

Report Title:            Compliance and Enforcement Policy and Guidelines

Attachments:           Compliance and Enforcement Guidelines

                                Compliance and Enforcement Policy



Policy Review Committee Meeting                                                                            15 February 2016

Attachment 1 - Compliance and Enforcement Guidelines

 

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Policy Review Committee Meeting                                                                            15 February 2016

Attachment 2 - Compliance and Enforcement Policy

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 15 February 2016

Report Title:            Review of the Penrith City Council Public Spaces CCTV Program Code of Practice

Attachments:           Summary of amendments to the Public Spaces CCTV Program Code of Practice

                                Revised Public Spaces CCTV Program Code of Practice



Policy Review Committee Meeting                                                                            15 February 2016

Attachment 1 - Summary of amendments to the Public Spaces CCTV Program Code of Practice

 

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Policy Review Committee Meeting                                                                            15 February 2016

Attachment 2 - Revised Public Spaces CCTV Program Code of Practice

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 15 February 2016

Report Title:            Keeping of Animals Local Orders Policy

Attachments:           Keeping of Animals Local Orders Policy



Policy Review Committee Meeting                                                                            15 February 2016

Attachment 1 - Keeping of Animals Local Orders Policy

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 15 February 2016

Report Title:            Draft Policy on Unsolicited Requests to Purchase Council Owned Land

Attachments:           Unsolicited Requests to Purchase Council Owned Land Draft Policy



Policy Review Committee Meeting                                                                            15 February 2016

Attachment 1 - Unsolicited Requests to Purchase Council Owned Land Draft Policy

 

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