Council_Mark_POS_RGB

4 October 2017

 

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 9 October 2017 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 Ross Fowler OAM - 26 September 2017 to 10 October 2017 inclusive.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Policy Review Committee Meeting - 11 September 2017.

 

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 9 October 2017

 

table of contents

 

 

 

 

 

 

meeting calendar

 

 

confirmation of minutes

 

 

DELIVERY program reports

 


Council_Mark_POS_RGB2017 MEETING CALENDAR

January 2017 - December 2017

(Adopted by Council - 28 November 2016 and Amended April 2017)

 

 

 

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

 

6

 

 

1v

 

 

 

 

 

 

 

 

18

(7.00pm)

 

27@

27

10

22#

26*

24

28@

25^ü

23

27#+

 

Policy Review Committee

7.00pm

 

13

13

 

8

 

10

14

11

9

 

11

 

 

 

 

 

 

 

 

 

 

13

 

 

 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 2016-2017 Annual Statements are presented

 

Meeting at which any comments on the 2016-2017 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 Governance Coordinator, Adam Beggs.

 


UNCONFIRMED MINUTES

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

ON MONDAY 11 SEPTEMBER 2017 AT 7:02PM

PRESENT

Deputy Mayor, Councillor Tricia Hitchen, and Councillors Bernard Bratusa, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Joshua Hoole, Karen McKeown and Kath Presdee.

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Ben  Price for the period 5 September 2017 to 12 September 2017 inclusive.

Leave of Absence was previously granted to Councillor Jim Aitken OAM for the period 28 August 2017 to 11 September 2017 inclusive.

Leave of Absence was previously granted to Councillor John Thain for the period 4 September 2017 to 11 September 2017 inclusive.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 14 August 2017

34  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that the minutes of the Policy Review Committee Meeting of 14 August 2017 be confirmed.

 

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

  DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

1        The Penrith Mayoral Challenge - Review and Proposed Future Direction                 

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

That:

1.    The information contained in the report on The Penrith Mayoral Challenge - Review and Proposed Future Direction be received.

2.    Council endorse the proposed schedule of playground sites for inclusion in the Penrith Mayoral Challenge for 2018-19 and 2019-20.

3.     Options for two additional playground sites for 2020-2021 and 2021-2022 be included in the report when outcomes of the Cook Park, St Marys is presented to Council.

 

 

2        Oxley Park Place Plan                                                                                                       

36  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Todd Carney

That:

1.    The information contained in the report on Oxley Park Place Plan be received.

2.    Council endorse the Oxley Park Place Plan 2017 – 2020.

3.    The Place Management Department continue to liaise with residents and support the implementation of the Oxley Park Place Plan. 

 

Outcome 5 - We care about our environment

 

3        Waste and Resource Recovery Strategy                                                                        

37  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM

That:

1.    The information contained in the report on the Waste and Resource Recovery Strategy (2017-2026) be received.

2.    Council endorse the Penrith Waste and Resource Recovery Strategy (2017-2026).

Councillor Ross Fowler OAM requested that names be recorded.

For

Against

Councillor Kath Presdee

Councillor Marcus Cornish

Councillor Bernard Bratusa

 

Councillor Kevin Crameri OAM

 

Councillor Karen McKeown

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Tricia  Hitchen

 

Councillor Joshua Hoole

 

Councillor Aaron Duke

 

Councillor Todd Carney

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:06pm.

    


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

  

Outcome 4 - We have safe, vibrant places

 

1        Penrith CBD Corporation - Overview of current strategy and operation.                          1

 

Outcome 5 - We care about our environment

 

2        Draft Regional Waste Strategy                                                                                          7

 

Outcome 7 - We have confidence in our Council

 

3        Local Government NSW Annual Conference 2017                                                         13

 

 


 

 

 

 

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        Penrith CBD Corporation - Overview of current strategy and operation.                          1

 

 

 



Policy Review Committee Meeting                                                                  9 October 2017

 

 

 

1

Penrith CBD Corporation - Overview of current strategy and operation.   

 

Compiled by:               Rebekah Elliott, City Engagement Officer

Authorised by:            Jeni Pollard, Place Manager  

 

Outcome

We have safe, vibrant places

Strategy

Grow and revitalise our centres and neighbourhoods

Service Activity

Support the revitalisation of Penrith City Centre, St Marys Town Centre and other key identified places in the City

      

 

Presenters:        Gai Hawthorn, Manager, Penrith CBD Corporation – Penrith CBD Corporation 15-16 Performance; and

Darren Latty, Chairperson, Penrith CBD Corporation – Penrith CBD Corporation Three-year Strategy

 

Executive Summary

On the 14 November 2016 the Policy and Review Committee considered a report on the Penrith CBD Corporation’s (PCBDC) progress with preparing a new Triennial Business Plan 2016-19 and its operations during 2015-16. 

 

Following feedback from Council, the Penrith CBD Corporation has submitted its Triennial Business Plan for the period 2016 to 2019, an Annual Report on highlights from 2016-17 and a Business Plan for the remainder of 2017-18 for Council consideration. This report describes the features and provides commentary on the documents.  Both the Triennial and Annual Business Plan are considered to support the interests of all stakeholders in the Penrith City Centre.

 

Attached to this report is the Triennial Business Plan for the Penrith CBD Corporation, the Annual Report for 2016-17 and the proposed Business Plan for 2017-18.

 

The report recommends that Council receive the information on the Annual Report for 2016-17 and endorse the Triennial Business Plan 2016-19 for the Penrith CBD Corporation and the proposed Business Plan for 2017-18. 

Background

Penrith City Council works with the St Marys Town Centre Corporation (SMTCC) and the Penrith CBD Corporation (PCBDC) to jointly manage the centres to support their ongoing vitality and viability. Council collects rates from non-residential properties in the city centre and returns these to the Corporations. In 2017-19, $399,403 will be paid to the Penrith CBD Corporation to undertake the proposed activities as outlined in their report.  Council provides a guiding structure for their activities that acknowledges and respects the transparent management of public funds whilst enabling responsive decision making. Council and the Corporations have a Deed of Agreement that requires the Corporations to develop a Triennial Business Plan to articulate their direction with an annual report to Council on progress.

 

On the 14 November 2016 at Policy and Review, Council considered a report on the Penrith CBD Corporation’s (PCBDC) progress with preparing a new three-year strategy and its operations during the 2015-16.  At that time the PCBD sought advice as to whether the preparation of its Triennial Business Plan was proceeding in the right direction.  The process was to finalise the Strategy and then prepare an annual Business Plan in line with the overall strategy of the Corporation.

 

Three-year Business Plan

The Corporation has prepared their Triennial Business Plan 2016-19 with the support of Simon Neaverson and Nicholas Carr of The Professional Partnership Group (TPPG). Earlier in 2016, TPPG prepared and presented to Council a report on the findings of the three-year review of the corporations. The wide-ranging review found that the present corporations’ model is sound and recommended a range of actions to further strengthen their operation and reporting. Two key recommendations were for the corporations to improve their strategic intent and focus more clearly on performance outcomes.

 

To assist the corporations in the implementation of these key recommendations, TPPG was

further engaged to assist both corporations in preparing their new three-year strategies with

a focus on outcomes.

 

One of the objectives of the Triennial Business Plan is to further improve the Corporation’s governance and reporting framework.  It involves the setting up six pillars of governance to support their management and improve reportable outcomes.  The Corporation’s six pillars are:

 

1.   Vibrant City Centre

2.   Strong respected brand

3.   Engaged business owners

4.   Engaged property owners

5.   Stakeholder engagement

6.   Effective governance

 

The presentation from the CBD Corporation that accompanies this report will go into further detail and explanation of these pillars. For each of these pillars a goal has been identified with a range of actions and policy responses that are measured with targets to be identified to assess performance. In addition to this, any risks have been identified.

 

Over the next 3 years, the Corporation will be gearing its activity towards the growth of residential development in the city centre with the expected increase in population, and the opportunities that arise for local businesses as a result of this growth. The Corporation is expressing their interest in working with businesses coming into the city centre and how to support existing businesses to leverage off the new growth and change. The Corporation is also flagging their role in working with property owners to increase their knowledge about infrastructure improvements and to encourage them to look at their own property portfolios to ensure that they are keeping pace.

 

The activities described in the Triennial Business Plan are consistent with the needs of the Penrith CBD Corporation to continue to build their profile with the local businesses and explore opportunities to promote the Penrith City Centre to local residents, visitors and potential new business operators and property investors.

 

A summary of the Corporation’s Triennial Business Plan is attached to this report for Council’s consideration (Attachment 1).

 

 

Annual Report 2016-17

The Corporation has prepared an annual report on their activities during 2016-17. The report provides an overview of the 29 initiatives and events held during the year from monthly Coffee Catch Up events, bi monthly newsletters through to more day to day activities supporting businesses with marketing and building networks.

 

Notable activity this year was 2 events to engage with property owners. A successful event was held in June 2016 with good attendance of local property owners. The event had a range of guest speakers including Assistant General Manager, Craig Butler talking about local initiatives such as New West and the investment from Council in the city centre. Representatives from Panthers, RMS and the University as well as Member for Penrith, Stuart Ayres MP, also spoke about proposed or current infrastructure improvements. 

 

As it had been anticipated that the construction of streetscape improvements would commence in the city centre earlier in this year, the Corporation in consultation with Council suspended the Penrith Festival in 2017. Construction on projects will now not commence until after the next Penrith Festival that will be held in March 2018.

 

A summary of the Corporation’s Annual Report 2016-17 is attached to this report for Council’s consideration (Attachment 2).

 

Business Plan 2017-18

The Annual Business Plan of the Corporation is an opportunity for the board to assess progress on their Triennial Business Plan and identify priority and ongoing projects for the year ahead. The endorsement of the plan is an opportunity for Council to hear from the Corporation and to seek alignment to Council’s strategic vision for the Penrith City Centre.

 

The Business Plan for the upcoming year identifies that there will be significant construction occurring in the city centre as a result of streetscape and drainage upgrades. The Corporation has identified that they will actively work with Council and construction contractors to ensure that businesses are given timely advice about construction activity. Maintaining a consistent and positive response to works, to ‘talk up’ the city centre will be important to support the viability of small business during work.

 

The CBD Corporation have committed to an activation program during the next 12 months that focuses on positive opportunities and a ‘business as usual’ approach while construction is occurring. They have also identified this as a time when businesses and property owners may wish to do upgrades or improvements and will work with the businesses to facilitate these activities.

 

The Business Plan for 2017-18 has identified that the Corporation want to actively work with businesses that may be considering Penrith City Centre as a desirable location, whilst still supporting those that have already chosen to invest in property or businesses in the centre.

 

The presentation from the CBD Corporation that accompanies this report will go into further detail on proposed activity for 2017-18. A summary of the Corporation’s Annual Business Plan is attached to this report for Council’s consideration (Attachment 3).

 

Conclusion

The Penrith CBD Corporation has submitted its Triennial Business Plan for the period 2016 to 2019, an Annual Report on highlights from 2016-17 and a Business Plan for the remainder of 2017-18 for Council consideration.

 

This report describes the features and provides commentary on the documents as presented from the Penrith CBD Corporation.  Both the Triennial and Annual Business Plan are considered to support the interests of all stakeholders, businesses, property owners and residents in the Penrith City Centre.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Penrith CBD Corporation - Overview of current strategy and operation. be received.

2.    Council receive information on the Annual Report for 2016-17 of the Penrith CBD Corporation.

3.    Council endorse the Penrith CBD Corporation’s Triennial Business Plan 2016-2019 and Annual Business Plan 2017-18.

 

 

ATTACHMENTS/APPENDICES

1.

Triennial Business Plan

22 Pages

Attachments Included

2.

Annual Report 2016-2017

26 Pages

Attachments Included

3.

Business Plan 2017-2018

16 Pages

Attachments Included

   


Outcome 5 - We care about our environment

 

Item                                                                                                                                       Page

 

2        Draft Regional Waste Strategy                                                                                          7

 

 



Policy Review Committee Meeting                                                                  9 October 2017

 

 

 

2

Draft Regional Waste Strategy   

 

Compiled by:               James Creer, Waste Education Officer

Authorised by:            Tracy Chalk, Waste and Community Protection Manager  

 

Outcome

We care about our environment

Strategy

Support our community to use resources wisely

Service Activity

Manage resource recovery and waste collection services

 

Presenters:                  Amanda Bombaci - WSROC - Draft Western Sydney Regional WARR Strategy 2017-21      

 

Executive Summary

The Regional Waste Avoidance and Resource Recovery Strategy (Strategy) is a strategy for the nominated Western Sydney Councils. The aim of the Strategy is to ensure that the future direction of the region is one which maximises waste avoidance and resource recovery, whilst considering population growth and the visions of the region.

Background

The Western Regional Waste Group is made up of the Western Sydney Regional Organisation of Councils (WSROC) members Blacktown, Blue Mountains, Cumberland, Fairfield, Hawkesbury, Liverpool, Parramatta and Penrith. Although not formally part of WSROC, The Hills Shire Council is a group member and participating in the Strategy. The Strategy is designed to ensure that future direction of the region is one which maximises waste avoidance and resource recovery.

The Regional Waste Avoidance and Resource Recovery Strategy

The Strategy incorporates learnings from the previous strategy delivery period 2014-17.  It provides a clear direction for improving sustainable waste avoidance and resource recovery practices across the region and demonstrates the regions’ commitment to adopting a strategic approach to waste management. To provide alignment with the State Government’s NSW Waste Avoidance and Resource Recovery (WARR) Strategy 2014-21, the Strategy has been developed in accordance with the NSW Environment Protection Authority’s (EPA) guidelines.

 

The Strategy also fits within the wider policy context set by the State and Federal governments and seeks to maximise funding opportunities under the “Waste Less Recycle More Initiative.”

 

The Strategy outlines the Western Region collectively in terms of where the region is now, where the region hopes to go in terms of vision over the next few years and how we will achieve the visions and targets. The Strategy takes into consideration population growth in the area and varying targets of the group’s member councils. Implementation of this Strategy can assist councils to:

 

•      improve recycling and diversion rates;

•      divert more waste from landfill;

•      plan for future waste infrastructure requirements;

•      improve the management of litter, illegal dumping and problem waste;

•      deliver educational campaigns to improve waste management behaviour;

•      achieve cost savings; and

•      share resources with, and learn from other councils.

 

The Draft Strategy has been approved by the Environment Protection Authority (EPA) and subject to endorsement by the member councils will be published alongside other NSW regional strategies.

Conclusion

The Western Sydney Regional Waste Avoidance and Resource Recovery Strategy is a strategy designed so participating councils in the region have a unified approach to maximising waste avoidance and resource recovery.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Draft Regional Waste Strategy be received.

2.    Penrith City Council endorse the Regional Waste Avoidance and Resource Recovery Strategy.

 

 

ATTACHMENTS/APPENDICES

1.

Draft Western Sydney Regional WARR Strategy 2017-21

70 Pages

Attachments Included

   


 

 

Outcome 6 - We are healthy and share strong community spirit

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                       Page

 

3        Local Government NSW Annual Conference 2017                                                         13

 

 

 



Policy Review Committee Meeting                                                                  9 October 2017

 

 

 

3

Local Government NSW Annual Conference 2017   

 

Compiled by:               Madison Foster, Administration Officer 

Authorised by:            Glenn McCarthy, Governance Manager  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

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

      

 

Executive Summary

Local Government NSW (LGNSW) will hold its Annual Conference at the Hyatt Regency, Sydney from 4-6 December 2017.

 

The Association has written to Council to provide information about this year’s Conference including the structure of motions and topics to consider and the nomination of voting delegates.

 

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

Background

Local Government NSW (LGNSW) will hold its Annual Conference the Hyatt Regency, Sydney from 4-6 December 2017.

 

This is a shift in timing from previous years due to the second round of local government elections which occurred in September 2017.

 

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

 

Voting Delegates

It is the Council’s usual practice at this time to nominate its delegates to represent Penrith City Council at the upcoming Conference. Local Government NSW has advised that the premise for determining voting entitlements is based on the total number of votes in the rural/regional areas totalling the same number of votes in the metro/urban areas. As there are more rural/regional councils a calculation needs to be conducted to ensure that the number of votes is balanced. However, this year because of the local government elections, the Association has allowed additional time for those newly elected councils to consider their membership and as such Council will not know its voting entitlement until at least 13 October. With this in mind a report will be brought to the Council Meeting scheduled for 23 October to consider the Council’s voting delegates, this is well within the timeframe permitted to submit the details of our voting delegates. This year delegates will be voting on motions and for the Board.

 

Other Delegates and Observers

In past years, a number of Councillors from Penrith City Council have also represented either the Executive of the former Local Government Association or other industry organisations such as the Hawkesbury River County Council, in addition to this. Council has also included Councillors as observers to the Conference in addition to its voting delegates.

 

As the NSW Aboriginal Land Council is a member of Local Government NSW in its own right, it is entitled to select its own delegates to attend the 2017 Local Government NSW Conference. The network of 121 Local Aboriginal Land Councils (LALCs) is divided into nine Regions and the Deerubbin Local Aboriginal Land Council is one of eleven LALCs contained within the Sydney/Newcastle Region.

 

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

 

Submission of Motions

Councils have been advised that for a motion to be included in the Business Paper that they must meeting the following guidelines:

 

1.   Are consistent with the objects of the Association;

2.   Relate to Local Government in NSW and/or across Australia;

3.   Concern or are likely to concern Local Government as a sector;

4.   Seek to advance the Local Government Policy agenda of the Association and/or improve the governance of the Association;

5.   Have a lawful purpose

6.   Are clearly worded and unambiguous in nature; and

7.   Do not express preference for one or several members over one or several other members.

 

It is important to note that the Board will not include motions in the Business Paper which do not advance the local government policy agenda. Therefore, a motion will not be included if it is operational, rather than strategic; not local government business; focused on a local issue only or if the motion is consistent with past policies and actions of LGNSW or the Local Government and Shire's Association.

 

Accordingly, Council’s motions should relate to issues which are causing concern to the Council and/or the community. The motions should also suggest an appropriate solution by including either a motion which could be considered by the Conference or notes which might guide delegates to an agreed position.

 

Local Government NSW has advised that the submission of Council’s motions and any accompanying notes or motions for consideration at the Conference must be completed at the latest by 6 November however with a strong preference for these to be submitted as soon as possible after this meeting.

 

Should councillors bring forward any further motions after this meeting there will be one last opportunity to adopt such motions at the 23 October Ordinary Council meeting. Below are two motions developed by staff for consideration of the Council to be put forward:

 


 

Motion 1

 

Subject:     Introduction of mandatory Local Planning Panels across Sydney Metropolitan Councils

 

That Local Government NSW lobby the State Government and Planning Minister to reconsider the implementation of recent changes to the Environmental Planning and Assessment Act requiring the establishment of mandatory Local Planning Panels (previously known as Independent Hearing and Assessment Panels) for all Sydney metropolitan councils.

 

In this regard, it is requested that the Minister reconsider;

·    The blanket requirement to introduce Local Planning Panels across all Sydney Metropolitan councils and take into account the performance history of individual councils

·    Increasing the dollar threshold for referral to an IHAP for determination up to $10 million

 

Motion Details

 

On 23 August 2017, the Environmental Planning and Assessment 1979 was amended to require that all Council’s within the Sydney Region must constitute a Local Planning Panel (LPP).

 

The legislation specifies that that the functions of a Council as a consent authority are not exercisable by Councillors and that Councils are to meet all costs of the Panel including remuneration of the four Panel members estimated at up to $100,000 per Panel per year.

 

In January 2017, a suite of amendments to the EPA Act were placed on exhibition which proposed the Minister could be given the power to direct a Council to appoint an LPP where it was warranted to “improve the quality or timeliness of planning decisions in a local area or manage conflicts of interest or corruption”. No criteria were provided to indicate how a decision would be made regarding a Council’s performance warranting the direction to establish an LPP.

 

The implementation of the amendments to the Act and mandatory Panels for the entire Sydney region, without any further consultation, has not considered the performance record of individual Council’s. Many Sydney Councils have a history of providing high levels of delegation to staff in determining applications. The role of Councillors in determining the small number of applications referred to a Council meeting for determination is reflective of their knowledge and understanding of community expectations in making decisions on behalf of the community they are elected to represent.  

 

The mandatory introduction of LPP determinations in lieu of staff exercising delegations will add to the cost and timeframes of industry in gaining development approval.  The full impact of the changes will take some time to assess given the extent of new criteria for LPPs however they are likely to have significant administration and cost implications, introducing another layer of reporting and decision making.

 

An increase in the dollar threshold for referral to the IHAP to $10 million would significantly increase the number of development applications still able to be determined under delegated authority and therefore reduce the impost on councils and developers in IHAP implementation.

 

 

 

 

 

Motion 2

 

Subject:     IPART Review of impost on Council’s resulting from introduction of mandatory Local Planning Panels

 

That Local Government NSW request that the Independent Pricing and Regulatory Tribunal review the regulatory and cost burden imposed on Local Government through the introduction of mandatory Local Planning Panels (LPP) for all Sydney metropolitan councils.

 

Motion Details

 

The introduction of mandatory LPPs across the Sydney metropolitan area legislates that the administrative and cost burden of the Panels operations are to be borne by the Council. These costs include provision of staff, facilities, monitoring performance and meeting all costs of the panel including remuneration of the four Panel members. Advice issued by the Department of Planning and Environment has estimated this cost at up to $100,000 per Panel per year.

 

Councils have been advised that the mechanism for cost recovery will be outlined in amendments to the Environmental Planning and Assessment Regulation 2000. No advice has been received to date regarding the cost of remuneration for the Panel members.

 

Certainty is required that the legislation included in the regulations will allow for Council’s to recover the full costs of administration, resourcing and remuneration as a result of being required to operate an LPP.

 

Outcomes of 2016 Council Motions

Council proposed five motions to the 2016 Conference. Of these two were considered to be existing policy and therefore were not submitted to the Conference. The three motions that were submitted to the Conference and their outcomes are provided in the table below:

Waste Management

39 Penrith City Council – Planning for waste services

That Local Government NSW actively works with the Greater Sydney Commission and the Department of Planning to ensure organics, recycling and waste processing infrastructure, building design and transport access issues are considered and covered in all 6 Sydney District Plans. District Plans must ensure planning for adequate capacity of waste and resource recovery infrastructure.

Carried

Letter sent to NSW Minister for Planning, the Hon. Anthony Roberts MP (Ref: Out-25906)

 

Follow-up letter sent to the NSW Minister for Planning, the Hon.

Anthony Roberts MP on 16 August 2017 (Ref: Out-26767)

 

Letter sent to Secretary Department of Planning and Environment on 13 December 2016 (Ref: Out-25679)

Issue raised at Environment Protection Authority liaison meeting (Nov 2016).

 

In December 2016, LGNSW made a submission to the Department of Planning and Environment on the Proposed Medium Density Housing Code and draft Medium Density Design Guide.

 

LGNSW raised this issue in its March 2017 submission to the Greater Sydney Commission's draft District Plans.

 



The Environmental Protection Authority noted that it has work already underway to support these resolutions, and will respond formally in due course.

 

40 Penrith City Council – Waste services – high density living

That to ensure maintenance and improvement of residential amenity, the growth in higher density housing and traffic issues are properly considered and local government is consulted when planning for resource recovery, recycling and waste infrastructure in increased density developments.

Carried

Letter sent to NSW Minister for Planning, the Hon. Anthony Roberts MP (Ref: Out-25906)

 

Follow-up letter sent to the NSW Minister for Planning, the Hon. Anthony Roberts MP on 16

August 2017 (Ref: Out-26767)

 

Letter sent to Department of

Planning and Environment on 13

December 2016 (Ref: Out-25679)

Issue raised at Environment Protection Authority liaison meeting (Nov 2016).

 

In December 2016, LGNSW made a submission to the

Department of Planning and Environment on the

Proposed Medium Density Housing Code and draft Medium Density Design Guide.

 

Extensive comments on the EPA Better Practice Guide

for waste management in multiunit dwellings. LGNSW completed the consultancy questionnaire and provided it to EPA on 22 October 2016. (Refs: Out-25522, Out-

25523). LGNSW was notified by EPA that the majority of LGNSW comments on the Guide were adopted (Ref: IN-54140).

The Environmental Protection Authority noted that it has work already underway to support these resolutions, and will respond formally in due course.

 

Local Government Elections

52 Penrith City Council – Advertising local government elections

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Conclusion

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

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Local Government NSW Annual Conference 2017 be received.

2.    The Motions detailed in the report be submitted for inclusion in the 2017 Local Government NSW Annual Conference Business Paper.

3.    Council sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2017 Local Government NSW Conference.

 

 

ATTACHMENTS/APPENDICES

1.

Draft Program 2017 LGNSW Annual Conference

4 Pages

Appendix

  


Policy Review Committee Meeting                                                                                9 October 2017

Appendix 1 - Draft Program 2017 LGNSW Annual Conference

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 9 October 2017

Report Title:            Penrith CBD Corporation - Overview of current strategy and operation.

Attachments:           Triennial Business Plan

                                Annual Report 2016-2017

                                Business Plan 2017-2-18



Policy Review Committee Meeting                                                                                9 October 2017

Attachment 1 - Triennial Business Plan

 

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Policy Review Committee Meeting                                                                                9 October 2017

Attachment 2 - Annual Report 2016-2017

 

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Policy Review Committee Meeting                                                                                9 October 2017

Attachment 3 - Business Plan 2017-2018

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 9 October 2017

Report Title:            Draft Regional Waste Strategy

Attachments:           Draft Western Sydney Regional WARR Strategy 2017-21



Policy Review Committee Meeting                                                                                9 October 2017

Attachment 1 - Draft Western Sydney Regional WARR Strategy 2017-21

 

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