Council_Mark_POS_RGB

8 November 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 13 November 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 Kath Presdee - 12 November 2017 to 19 November 2017 inclusive.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Policy Review Committee Meeting - 9 October 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 13 November 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 9 OCTOBER 2017 AT 7:05PM

PRESENT

His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Todd Carney, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Joshua Hoole, Karen McKeown, Kath Presdee and Ben Price.

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Ross Fowler OAM for the period 26 September 2017 to 10 October 2017 inclusive.

 

APOLOGIES

38  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that apologies be received for Councillors Bernard Bratusa and Marcus Cornish.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 11 September 2017

39  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the minutes of the Policy Review Committee Meeting of 11 September 2017 be confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

  DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

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

40  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Price

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.

 


 

Outcome 5 - We care about our environment

 

2        Draft Regional Waste Strategy

Councillor Ben Price left the meeting, the time being 7:24pm                                                     

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

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.

 

Outcome 7 - We have confidence in our Council

 

3        Local Government NSW Annual Conference 2017

Councillor Ben Price returned to the meeting, the time being 7:30pm                                        

42  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Kevin Crameri OAM

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.

4.     Council develop a motion to be considered at the next Ordinary Council Meeting on increasing the height requirements for handrails within the Building Code of Australia.

5.     Council develop a motion to be considered at the next Ordinary Council Meeting on increasing motorised scooter regulations to improve safety and in particular with respect to requirements around speed and colour.

 

There being no further business the Chairperson declared the meeting closed the time being 7:37pm.

    


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Outcome 2 - We plan for our future growth

 

1        Penrith Panthers Planning Proposal and DCP Amendment    

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  1

 

2        Housekeeping Amendment to the Penrith Local Environmental Plan 2010

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                10

 

 

Outcome 4 - We have safe, vibrant places

 

3        St Marys Town Centre Triennial Business Plan 2016-2019 and Operational Plan 2017-2018                                                                                                                                               17

 

Outcome 7 - We have confidence in our Council

 

4        Penrith Performing and Visual Arts Ltd - Annual Report                                                 27

 

 


 

 

 

 

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

 

Item                                                                                                                                       Page

 

1        Penrith Panthers Planning Proposal and DCP Amendment  

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  1

 

2        Housekeeping Amendment to the Penrith Local Environmental Plan 2010

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                10

 

 

 



Policy Review Committee Meeting                                                            13 November 2017

 

 

 

1

Penrith Panthers Planning Proposal and DCP Amendment   

 

Compiled by:               Joel Carson, Senior Planner

Authorised by:            Natasha Baker, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Ensure our policies, strategies and plans set a clear direction for managing the growth of our City

     

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

 

Executive Summary

The purpose of this report is to present the outcomes of a public exhibition and agency consultation undertaken for a Planning Proposal and a proposed amendment to the Penrith Development Control Plan 2014 (DCP 2014) which seek changes to the planning controls applying to the Penrith Panthers site. The intention of the proposed changes is to enable the development of a mixed-use and residential precinct on the northern portion of the Penrith Panthers site. The report seeks Council’s resolution to endorse the proposed changes subject to conditions.

Background

In 2012 Council endorsed planning controls for the Penrith Panthers site, located at Mulgoa Road and Retreat Drive, Penrith which provide for the development of an integrated ‘entertainment, leisure and lifestyle precinct’. The controls allow outlet centres, general retail, campus style office premises, serviced apartments and high density residential dwellings to be permissible on the site.

 

Since then the Panthers Group has been working on options for development of the Penrith Panthers site based on market trends. A proposed residential and general retail development scheme has been prepared for the northern portion of the site by the developer, ESQ1818, intended to replace the current endorsed Outlet Centre, residential and mixed use development scheme in this area. Attachment 1 provides a site location map.

 

To facilitate the proposed development scheme an amendment was sought to the Penrith Local Environmental Plan 2010 (LEP 2010) by way of a Planning Proposal and “Gateway” process. Changes were sought to amend building height controls and remove the ability to develop an Outlet Centre at the site. An amendment was also sought to DCP 2014 to change to the masterplan development concept and detailed development controls.

 

At the Ordinary Meeting of 23 May 2016 Council considered a report on the Planning Proposal and in summary resolved to:

Commence a “Gateway” process for consideration of a Planning Proposal to amend LEP 2010 to change the building heights on the subject site and remove Outlet Centres as a permitted use.

Prepare an amendment to DCP 2014 for the Penrith Panthers site to reflect the proposed ESQ1818 development scheme and changes sought to LEP 2010, limit retail floor space on the subject site to 3,500 square metres, and incorporate controls to achieve appropriate urban design outcomes and design excellence.

Publicly exhibit the Planning Proposal in accordance with the requirements of the Department of Planning and Environment’s (DP&E) Gateway Determination.

Conduct a peer review of the Planning Proposal process prior to reporting the matter back to Council for consideration.

 

Following the meeting, in July 2016 Council submitted a Planning Proposal and supporting technical studies to DP&E for consideration. On 20 December 2016, DP&E issued a Gateway Determination which advised that the Planning Proposal process may proceed subject to conditions. The conditions required that the maximum development capacity at the northern portion of the Penrith Panthers site was to be capped, and that, prior to exhibition a detailed flood risk and evacuation assessment was to be prepared and endorsed by the Hawkesbury-Nepean Valley Flood Management Directorate of Infrastructure NSW (the Directorate).

 

Following consultation with stakeholders and at the request of Council, DP&E issued an altered Gateway Determination on 23 June 2017 that allowed the public exhibition to proceed ahead of the resolution of flood risk and evacuation matters. For the purposes of the exhibition the planning proposal and supporting technical studies were updated to reflect the requirements of the Gateway and Council’s resolution. A proposed DCP 2014 amendment was prepared and submitted by the proponent in accordance with Council’s resolution, to be exhibited with the planning proposal.

 

Supporting the proposed changes to planning controls is a proposed development scheme prepared by ESQ1818 for the northern portion of the Penrith Panthers site. This scheme proposes a residential, mixed-use precinct incorporating a range of residential tower buildings. It seeks the development of 16 buildings containing apartments, some of which would sit above commercial podiums containing general retail floor space fronting the lake. Prominent gateway buildings are sought on the corner of Ransley Street and Mulgoa Road as well as at the western end of Ransley Street adjacent to the lake. A Stage 1 Development Application for this scheme, located on the corner of Mulgoa Road and Ransley Street, has been lodged with Council and is currently under assessment.

 

Extracts of the revised ESQ1818 development scheme are provided at Attachment 2.

The Planning Proposal

The Planning Proposal applies to the land known as 65, 73, 83, 109, 123-135 Mulgoa Road and Lot 1 Retreat Drive, Penrith. All the land is currently owned by the Panthers Group. The Planning Proposal recommends the following changes to LEP 2010:

Adjust the maximum building height controls applying to the northern portion of the Penrith Panthers site to permit increased maximum building heights of 15m, 20m, 24m, 38m and 50m and to reduce building heights in some locations.

Place a cap on the maximum residential development capacity at the northern portion of the Penrith Panthers site, being a maximum of 850 dwellings and 80,400 square metres of residential gross floor area.

Remove the ability to develop an Outlet Centre at the Penrith Panthers site.

The property description for Lot 1 Retreat Drive (Lot 1, DP 1064526) is to be corrected to address a minor error in the description.

 

Attachment 3 presents a map comparing the current and proposed building height controls and identifies the area which is subject to the cap on maximum residential development capacity.

 

A copy of the Planning Proposal has been provided to Councillors under separate cover, is publicly-available on Council’s website, and has been tabled tonight.

The proposed DCP 2014 amendment

An amendment is sought to DCP 2014 Chapter E13 Riverlink Precinct and Part B - Penrith Panthers Precinct. The DCP amendment seeks the following changes:

Replacement of the planned Outlet Centre with the ESQ1818 residential and mixed-use development scheme.

Preparation of a revised concept plan and various other diagrams to reflect the new scheme.

Changes to development layout and structure, including roads, through-site links and building envelopes.

Addition of landmark building at end of Ransley Street, with associated development controls.

Addition of street hierarchy controls to prescribe roadway requirements at the northern portion of the Penrith Panthers site.

Addition of pedestrian and cycleway connections throughout the northern part of the Panthers site, aligning with the new development structure.

Changes to objectives and controls for various elements.

Retainment of existing endorsed view corridors and building setback controls

Inclusion of additional architectural and urban design controls.

Capping of retail floor space to a maximum of 3,500sqm at the northern portion of the Penrith Panthers site.

Addition of bushfire risk management controls

Deletion of the planned zone sub-station at the north-west corner of the Penrith Panthers site, based on advice provided by Endeavour Energy that the site will not be acquired, as it is prone to flooding.

 

Attachment 4 presents extracts of changes sought in the proposed DCP, including a map identifying the area which is subject to the cap on retail floor space.

 

A copy of the DCP 2014 amendment is provided at Attachment 5.

Public exhibition and public authority consultation

The Planning Proposal and DCP amendment were placed on public exhibition from 4 September to 3 October 2017 in accordance with legislative requirements and the conditions of the Gateway. Notice of the exhibition was published in the Western Weekender newspaper throughout the exhibition period.

 

The exhibition material was available on Council’s website, at the Penrith Civic Centre, Penrith Library, the St Marys Business Office and St Marys Library. Notification letters were sent to landowners and occupiers of properties located within a 1 kilometre radius of the Penrith Panthers site. Public authorities were notified in accordance with the requirements of the Gateway Determination and the Planning Proposal.

 

A total of 7 public authority submissions were received and are summarised in the table below:

 

Public Authority

Summary of Comments

Endeavour Energy

The submission raises no objection to the Planning Proposal, subject to recommendations and comments provided in the submission. The submission provides detailed comments primarily in relation to the proposed development scheme and not the planning proposal or DCP amendment. These matters can be addressed at Development Application stage. The submission confirms that Endeavour Energy is investigating alternative locations for a new zone substation in proximity to the Penrith Panthers site instead of using the location currently identified in the current DCP at the north end of the Penrith Panthers site.

NSW Office of Environment and Heritage

The submissions advises that any comments in relation to the addendum to the flood assessment report and the additional flood evacuation assessment report will be provided through the Hawkesbury-Nepean Valley Flood Management Directorate of Infrastructure NSW.

NSW Rural Fire Service

The submission states that the subject proposal is to consider the requirements of ‘Planning for Bush Fire Protection 2006’. This includes, but is not limited to certain bush fire protection measures that can be incorporated within the Development Control Plan and any concept plans.

Telstra

The submission raises no objections with the proposed development scheme and requests that future development approvals require the developer to liaise with Telstra in relation to any works proposed outside the footprint of the development site and in relation to any proposed disconnection of cables which would be required to be removed to facilitate the development.

NSW State Emergency Service

The State Emergency Service submission advises that, following an analysis of evacuation road capacity, it is concluded that the Panthers site can evacuate within the flood forecast timeframe.

Infrastructure NSW – Hawkesbury-Nepean Valley Flood Management Directorate

The Infrastructure NSW submission concurs with the State Emergency Service submission.

Roads and Maritime Services

The submission raises no objection to the planning proposal and DCP amendment subject to agreement by Council and the proponent on traffic modelling which reflects the ESQ1818 development scheme, and that an amendment to the Road Works Planning Agreement is executed prior to gazettal of the LEP 2010 amendment.

 

A total of 4 public submissions were received and are summarised in the table below:

 

Public Submission

Summary of Comments

Submission 1

Concern raised regarding the large volume of traffic which would be generated by the proposed development scheme and its contribution to traffic congestion on Mulgoa Road and Jamison Road as well as its impact on the availability of on-street parking opportunities in the locality.

Submission 2

Concern raised regarding the suitability of building height controls governing developments in the locality and the impact on Penrith’s rural aspect and views to the Nepean River and Blue Mountains. The merits for facilitating lower buildings, rather than taller building are promoted as an alternative outcome to pursue. Concern raised in respect to the ability to deliver appropriate design outcomes. Concern over the capacity of supporting infrastructure.

Submission 3

Concern raised that the increase in permissible building heights to allow for 14 storey buildings is not in accordance with the character of Penrith and may set an unwanted precedent for future development proposals in the area.

Submission 4

Concerns raised regarding the increased traffic volumes in Ransley Street and Retreat Drive as a result of the proposed development scheme.

 

Attachment 6 provides detail of the matters raised in each submission and Council’s responses.

Review of matters

Matters raised through Council’s assessment, by public authorities and public submissions in respect to the Planning Proposal and DCP amendment are addressed below.

 

Flooding

Council has received submissions from the Directorate and the NSW State Emergency Service (SES) in relation to flood risk. Following an analysis of evacuation road capacity, which included a review of the proponent’s flood risk and evacuation assessments, these agencies conclude that the Panthers site can evacuate within the flood forecast timeframe. Council is of the view that the matters raised in the Gateway Determination in relation to flood risk and evacuation have been sufficiently addressed and resolved.

 

The Directorate and SES submissions have been forwarded to DP&E in accordance with the requirements of the Gateway Determination.

 

The Planning Proposal is supported by a flood assessment report which has been reviewed and considered acceptable by Council officers.

 

Traffic

The proponent has prepared an update to the endorsed traffic modelling for the Penrith Panthers site which underpins the 2012 Road Works Planning Agreement (the Road Works VPA). The purpose of this exercise is to determine the impacts of the proposed ESQ1818 development scheme on the surrounding road network compared to the current endorsed development vision and inform an amendment to be undertaken to the Road Works VPA.

 

The key changes to assumptions employed in the updated modelling are:

Replacement of the current endorsed Outlet Centre with the proposed ESQ1818 residential and mixed-use development scheme.

Investigation of the changes to travel patterns as a result of the change in land use, particularly the consideration of the morning and afternoon peak periods.

Deletion of a road connection point from the north of the Panthers site to the Great Western Highway, which is currently included in the endorsed traffic modelling assumptions, resulting in a redistribution of traffic flows to the remaining three access points to the Panthers site. Council previously advised the proponent to remove the north access point from the modelling assumptions due to the unknown timing of delivery of the north-south “Riverlink” connection through the Panthers site to ensure that traffic can be appropriately distributed.

 

The updated modelling indicates that overall both the current endorsed scheme and the proposed ESQ1818 scheme generate similar traffic volumes. The modelling has identified options for road improvements as a potential means to address deficiencies in the performance of the road network. Modelling will be finalised and refined as part of the detailed VPA negotiations.

 

The Road Works VPA, which prescribes the improvements to be carried out to the road network to support the development of the Penrith Panthers site, was executed in 2012 by Council, Roads and Maritime Services (RMS) and the Panthers Group. ESQ1818 is not a party to the Road Works VPA. In the event that part of the site is novated to a third party, the provisions of the VPA require the Panthers Group to be responsible for the coordination of the delivery of works required by the VPA. The Panthers Group has submitted a letter of offer to Council to enter a negotiation to amend the VPA to reflect the ESQ1818 development scheme, Planning Proposal and DCP amendment.

 

All parties have commenced the negotiation to amend the Road Works VPA. The negotiation will determine required internal road improvements, as well as proposed intersection layouts, timing and triggers for delivery of improvements. The planned Mulgoa Road widening will be considered as part of this negotiation.

 

It is recognised by all parties that a significant body of work needs to be undertaken regarding the revised modelling for the entire Panthers Precinct and subsequently, the determination of infrastructure requirements and triggers to inform a revised VPA.

 

The RMS submission received in relation to the Planning Proposal and DCP amendment raises no objection subject to agreement between Penrith City Council (with advisory input from Roads and Maritime) and the proponent on the traffic generation, trip assignments and modelling methodology associated with the proposed land use and planning control amendments to the Penrith Panthers Master Plan. Also, that the existing Voluntary Planning Agreement being amended to the satisfaction of Penrith City Council (with advisory input from Roads and Maritime) and executed, prior to the gazettal of the planning proposal.

 

It is reinforced that should the Planning Proposal and DCP 2014 amendment be endorsed to proceed, that the amendments to LEP 2010 are not sent to the Department for gazettal, and the DCP 2014 not brought into force, until an amendment to the Road Works VPA has been executed.

 

Height

The ESQ1818 development scheme seeks to respond to concerns raised in submissions by locating a number of taller buildings in the centre of the precinct and reduce the height of buildings in locations adjacent to existing developments, such as the Mountainview Aged Care Facility so as to reduce overshadowing and amenity impacts. This is reflected in the proposal and through the Height of Building map.

 

Development Control Plan

The publicly exhibited DCP 2014 amendment has been updated in response to matters raised in submissions and feedback provided by Council following the exhibition.

 

In accordance with Council’s resolution, the proposed DCP 2014 amendment has been prepared to reflect the proposed ESQ1818 development scheme and changes sought to LEP 2010. The amendment also limits retail floor space on the ESQ1818 development site to 3,500 square metres, as required by Council.

 

In relation to Council’s resolution requiring the amendment to incorporate controls to achieve appropriate urban design outcomes and design excellence, it is noted that a previous version of the ESQ1818 development scheme and DCP amendment were considered by Council’s Urban Design Review Panel (UDRP) in 2016 where detailed urban design feedback was provided to the proponent on the proposal. This feedback has been responded to and incorporated in the current proposed development scheme and the publicly exhibited DCP amendment.

Council officers are of the view that the DCP amendment has sufficiently responded to previous UDRP feedback and is acceptable. The key improvements to the development scheme which are incorporated within the DCP amendment are:

Improved permeability of the site through changes to road layout, road hierarchy and dimensions.

Improved sight lines and permeability through changes to indicative building envelope locations and the requirements for building separation.

Improved connectivity and permeability throughout the site through provision of the pedestrian and cycle network.

Inclusion of requirements to consider, in addition to the DCP, State Environmental Planning Policy No.65 – Design Quality of Residential Apartment Development (SEPP 65) and the accompanying Apartment Design Guide (ADG) in the assessment of proposals for residential development in the Panthers Penrith Precinct including flats, multi dwelling housing, any residential component of a mixed use development, and serviced apartments.

Retention of existing view corridors and existing setback controls.

Inclusion of specific design controls relating to the landmark building at the western end of Ransley Street.

Restrictions to vehicle entry points and parking locations, as well as controls to enliven the public domain and enhance the streetscape.

 

The road layout, road dimensions and building envelopes proposed in the DCP amendment have been prepared based on an understanding of traffic circulation modelled at the Penrith Panthers site. It is acknowledged that an amendment to the Road Works VPA is currently under negotiation and that this will determine required internal road improvements as well as intersection layouts. Section 13.8.1 (Street Design and Character) of the DCP amendment requires developments to provide for all the requirements of the Road Works VPA. This is a practical means to ensure that works within the planning agreement are given appropriate consideration in the assessment and determination of development proposals.

 

Should the DCP 2014 amendment be endorsed by Council, this report recommends that the General Manager be delegated authority to make any necessary changes required to the DCP 2014 amendment as a result of Road Works VPA negotiations and any other changes identified in consideration of transport and traffic matters before the Planning Proposal is submitted to DP&E for making of the LEP 2010 amendment.

 

Planning Proposal

The Planning Proposal has been updated to reflect latest events and revised supporting technical studies.

 

Peer review

Council’s Ordinary Meeting resolution of 23 May 2016 requires that a Peer Review be undertaken of the Planning Proposal and Process carried out by Council officers for the Planning Proposal. This requirement was formed due to Council at that time being in ownership of Lot 1 Retreat Drive, Penrith (Lot 1 DP 1064526) which is land affected by the Planning Proposal. The site is no longer in Council ownership and has no benefit from this planning proposal. Accordingly, it is recommended that Council’s previous resolution is amended to remove the requirement to undertake the peer review.

Next steps

Should Council endorse the recommendation, the following steps will occur:

1.   Council, the RMS, the Panthers Group and ESQ1818 will continue the negotiation to amend the Road Works VPA. This process would consist of gaining endorsement from all parties on the updated traffic modelling, formulation of agreed terms to form an amendment to the Road Works VPA, preparation of an amending VPA document, public notification of the Road Works VPA amendment in accordance with legislative requirements, and execution of the amendment by all parties.

2.   Council will update and finalise the Planning Proposal, DCP amendment and supporting technical studies.

3.   Upon execution of the Road Works VPA amendment Council will send the Planning Proposal and supporting technical studies to DP&E with a request to make the LEP amendment.

4.   DP&E to consider making the LEP amendment.

5.   Upon making of the LEP amendment, the DCP amendment would be brought into force.

Conclusion

Council has publicly exhibited a Planning Proposal and DCP amendment which seek changes to the planning controls prescribed by LEP 2010 and DCP 2014 to enable the development of a mixed-use and residential precinct on the northern portion of the Penrith Panthers site, proposed by the developer, ESQ1818. The matters raised in submissions have been sufficiently addressed and the proposed LEP and DCP amendments are considered acceptable.

 

An amendment to the Road Works VPA is currently under negotiation. It is advised that, should Council endorse the LEP and DCP amendments, that these changes are proceeded with only upon execution of the Road Works VPA amendment.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Penrith Panthers Planning Proposal and DCP Amendment be received.

2.    Council endorses the Planning Proposal presented in this report which has been provided to Councillors under separate cover and tabled tonight.

3.    Council prepares and executes an amendment to the Road Works Planning Agreement based on the principles presented in this report.

4.    The General Manager be granted delegation to update and finalise the Planning Proposal prior to Council’s submission of the Planning Proposal to the Department of Planning and Environment for making of the amendment to the Penrith Local Environmental Plan 2010.

5.    The Planning Proposal referred to in 4 above be forwarded to the Department of Planning and Environment after an amendment to the Road Works Planning Agreement has been executed with a request that the amendment to the Penrith Local Environmental Plan 2010 be made.

6.    Council adopt the amendment to the Penrith Development Control Plan 2014 presented in this report so that it takes effect on the publication of the amendment to the Penrith Local Environmental Plan 2010.

7.    The General Manager be delegated authority to make any necessary changes required to the amendment to the Penrith Development Control Plan 2014 referred to in 6 above, particularly as a result of Road Works Planning Agreement negotiations and any other changes identified in consideration of transport and traffic matters before the Planning Proposal is submitted to the Department of Planning and Environment.

8.    Council note that a peer review of the Planning Proposal and Process is not necessary as Council is no longer an owner of land subject to the Planning Proposal.

 

 

ATTACHMENTS/APPENDICES

1.

Site Location Map

1 Page

Attachments Included

2.

ESQ1818 Development Scheme

4 Pages

Attachments Included

3.

Changes to building height and development capacity

1 Page

Attachments Included

4.

Changes proposed to DCP 2014

6 Pages

Attachments Included

5.

Draft Penrith DCP 2014 Amendment

59 Pages

Attachments Included

6.

Matters raised in submissions

7 Pages

Attachments Included

  


Policy Review Committee Meeting                                                            13 November 2017

 

 

 

2

Housekeeping Amendment to the Penrith Local Environmental Plan 2010   

 

Compiled by:               Joel Carson, Senior Planner

Authorised by:            Natasha Baker, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Ensure our policies, strategies and plans set a clear direction for managing the growth of our City

     

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

 

Executive Summary

Council officers have prepared a Planning Proposal which seeks changes to Penrith Local Environmental Plan 2010 (LEP 2010) to correct various minor errors and anomalies identified in the document, collectively known as a “Housekeeping Amendment”.

It is recommended that Council endorses the Planning Proposal and that the document is finalised and forwarded to the Minister for Planning with a request to issue a “Gateway Determination” to commence a Local Environmental Plan (LEP) amendment process.

Background

Council officers have prepared a Planning Proposal which seeks to amend LEP 2010. The objective of the Planning Proposal is to correct various errors and anomalies which have been identified in the document and are considered to be minor in nature. The various changes are proposed to be consolidated and progressed as a single amendment to LEP 2010, known as a “Housekeeping Amendment”.

 

Rectifying these errors and anomalies will provide a more accurate planning instrument and reduce the potential for delays, should development be proposed where the errors and anomalies exist. The consolidation of these items as a single set of proposed “Housekeeping” changes to LEP 2010 provides for a more efficient use of time and resources to amend LEP 2010 compared to proceeding with separate planning proposals for each individual correction.

The Planning Proposal

The preparation of a Planning Proposal is the first step in the Department of Planning and Environment’s (DP&E) Gateway Process for making or amending LEPs. The Planning Proposal recommends changes to the LEP 2010 written instrument and LEP 2010 map tiles.

 

The errors and anomalies proposed to be resolved by this Planning Proposal can be categorised as follows:

Minor alignment of zoning and other development standards to lot boundaries.

Correction of labelling errors.

Addition of missing mapped planning controls.

Correction to maps to reflect mapping standards.

Update to provisions to contemporise the plan.

Update provisions to provide for consistency in the application of development controls.

Correlation with provisions within the Penrith Development Control Plan 2014.

 

There are 38 items in total proposed to be changed in the Planning Proposal. The proposed changes may be grouped under the following categories:

Instrument amendments only

Mapping amendments only

Instrument and mapping amendments

 

The Planning Proposal is initiated by Council officers and is not the result of an application by a member of the public.

 

The Planning Proposal is provided at Attachment 1 and provides details of the changes proposed to LEP 2010 along with supporting analysis.

Next steps

Should Council endorse the recommendations of this report, the following steps will occur:

1.         The Planning Proposal will be updated and finalised, which will include the preparation of proposed amended LEP 2010 map tiles, proposed amendments to the LEP 2010 written instrument and supporting information.

2.         Council Officers will forward the Planning Proposal to the Minister for Planning, seeking a “Gateway Determination” and authorisation that the LEP plan-making process may proceed.

3.         Council Officers will liaise with DP&E, as delegate of the Minister for Planning, and negotiate any changes sought by DP&E in the lead up to the Gateway Determination.

4.         The Gateway Determination will be issued by DP&E which will determine whether the LEP plan-making process may proceed. The Gateway Determination will specify the requirements around the community consultation to be undertaken, including consultation with public authorities.

5.         The Planning Proposal will be publicly exhibited for the period specified in the Gateway Determination.

6.         Submissions to the Planning Proposal exhibition will be reviewed, and recommendations prepared for Council’s consideration.

7.         The Planning Proposal will be presented to Council for endorsement and then forwarded to the Minister for Planning to make the LEP amendment.

 

Conclusion

Council officers have prepared a Planning Proposal which seeks a “Housekeeping Amendment” to amend LEP 2010 to correct various errors and anomalies that are considered to be minor in nature. It is recommended that the Planning Proposal is endorsed, finalised and forwarded to the Minister for Planning with a request to issue a “Gateway Determination” to commence an LEP amendment process.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Housekeeping Amendment to the Penrith Local Environmental Plan 2010 be received.

2.    Council endorse the Planning Proposal provided at Attachment 1 to this report.

3.    The General Manager be granted delegation to update and finalise the Planning Proposal prior to Council's submission of the Planning Proposal to the Minister for Planning, which will include the preparation of proposed amended LEP 2010 map tiles, proposed amendments to the LEP 2010 written instrument and supporting information.

4.    Council officers forward the Planning Proposal to the Minister for Planning with a request to issue a Gateway Determination.

5.    Council publicly exhibits the Planning Proposal for a period to be specified in the Gateway Determination, in accordance with the community consultation requirements.

6.    A further report be presented to Council following the Public Exhibition.

 

 

ATTACHMENTS/APPENDICES

1.

Planning Proposal Housekeeping Amendment

99 Pages

Attachments Included

   


 

 

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

 

3        St Marys Town Centre Triennial Business Plan 2016-2019 and Operational Plan 2017-2018                                                                                                                                            17

 

 

 



Policy Review Committee Meeting                                                            13 November 2017

 

 

 

3

St Marys Town Centre Triennial Business Plan 2016-2019 and Operational Plan 2017-2018   

 

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:                  Alex Karavas  - St Marys Town Centre Corporation  - Update on activities      

 

Executive Summary

On the 6 June 2016 the Policy and Review Committee considered a report on a three year review of the St Marys Town Centre Corporation (SMTCC) and the Penrith CBD Corporation (PCBDC) undertaken by The Professional Partner Group Pty Ltd (TPPG).   

 

St Marys Town Centre Corporation further engaged TPPG to work with them on developing the Triennial Business Plan for the period 2016 to 2019 and reviewing the constitution of the Corporation. The St Marys Town Centre Corporation has submitted its Triennial Business Plan, Annual Report and Audited Financial Statements for 2016-17 and Operational Plan for the remainder of 2017-18 for Council’s consideration.

 

This report describes the features and provides commentary on the documents.  Both the Triennial and Annual Operational Plan are considered to support the interests of all stakeholders in the St Marys Town Centre. The report is accompanied by a presentation from the board of the Corporation.

 

Attached to this report is the Triennial Business Plan for the St Marys Town Centre Corporation (Attachment 1), Annual Report and Audited Financial Statements for 2016-17 (Attachment 2) and the proposed Operational Plan for 2018-19 (Attachment 3).

 

The report recommends that Council receive the information on the Annual Report and Audited Financial Statements for 2016-17 and endorse the Triennial Business Plan 2016-19 for the St Marys Town Centre Corporation and the proposed Operational 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 town centres to support their ongoing vitality and viability. Council collects rates from non-residential properties in the city and town centre and returns these to the Corporations. 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.

 

In 2017-18, $334,391 (inc. GST) will be paid to the St Marys Town Centre 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.

 

On the 6 June 2016 the Policy and Review Committee considered a report on a three year review of the SMTCC and the PCBDC undertaken by The Professional Partner Group Pty Ltd (TPPG).   

 

SMTCC further engaged TPPG to work with them on developing the Triennial Business Plan for the period 2016 to 2019 and reviewing the constitution of the Corporation. TPPG worked with SMTCC to finalise the Strategy and to prepare an annual Operational 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 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.   Business activity and mix

2.   Strong respected brand

3.   Engaged business owners

4.   Supportive landlords

5.   Stakeholder engagement

6.   Effective governance

 

The presentation from the SMTCC 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 actions towards the growth of business activity in and around the town centre with the expected increase in population, and the opportunities that arise for local businesses as a result of this growth.

 

The activities described in the Triennial Business Plan are consistent with the aims of the Corporation to continue to build their profile with the local businesses and explore opportunities to promote the St Marys Town 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 initiatives and events held during the year from supporting the Queen Street Improvement Plan, increasing online engagement, reviewing the Corporation operations and the day to day activities supporting businesses with marketing and building networks.

 

The SMTCC actively supported Council in liaising with local business operators in the delivery of the Queen Street Improvement Plan. Due to the works, the Corporation in consultation with Council suspended the Spring Festival in 2016. During 2016-17 the Corporation also resolved to support the installation of additional CCTV cameras in Queen Street through their budget surplus with a contribution of approximately $55,000. 

 

It is noted that the Audited Financial Statements 2016-17 show that the Corporation’s cash assets as of 30 June 2017 was $549,123.24.

 

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

 

Operational Plan 2017-18

The Annual Operational 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 St Marys Town Centre.

 

The Operational Plan for the upcoming year identifies the development of Welcome Packs for new tenants and a monthly newsletter to be distributed to both landlords and business owners.

 

The CBD Corporation will be implementing a façade improvement program to help with the overall amenity and streetscape of the town centre. Matched funding of the value up to $1,000 will be offered to interested parties through an application process.

 

The Operational Plan for 2017-18 has identified that the Corporation will develop a calendar of events for the year, looking at opportunities at more opportunities to activate the St Marys town centre.

 

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

 

Conclusion

The St Marys Town Centre Corporation has submitted its Triennial Business Plan for the period 2016 to 2019, Annual Report and Audited Financial Statement for 2016-17 and the proposed Operational Plan for 2018-19.

 

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

 

 

RECOMMENDATION

That:

1.    The information contained in the report on St Marys Town Centre Triennial Business Plan 2016-19 and Operational Plan 2017-18 be received.

2.    Council receive information on the Annual Report and Audited Financial Statement 2016-17 of the St Marys Town Centre Corporation.

3.    Council endorse the St Marys Town Centre Corporation’s Triennial Business Plan 2016-19 and Annual Operational Plan 2017-18.

 

 

ATTACHMENTS/APPENDICES

1.

Triennial Business Plan 2016-19

15 Pages

Attachments Included

2.

Annual Report and Audited Financial Statements 2016-17

32 Pages

Attachments Included

3.

Operational Plan 2017-18

9 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 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

 

4        Penrith Performing and Visual Arts Ltd - Annual Report                                                 27

 

 

 



Policy Review Committee Meeting                                                            13 November 2017

 

 

 

4

Penrith Performing and Visual Arts Ltd - Annual Report   

 

Compiled by:               Erich Weller, Community and Cultural Development Manager

Authorised by:            Vicki O’Kelly, Executive Manager - Community and Chief Operating 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

 

Presenters:                  Ms Hania Radvan - CEO - Penrith Performing and Visual Arts Ltd - Annual Report

                                      Mr Peter Anderson AM - Chairman - Penrith Performing and Visual Arts Ltd - Annual Report      

 

Executive Summary

 

This report details the performance of Penrith Performing and Visual Arts Ltd (PP&VA) for the financial year 1 July 2016 – 30 June 2017.

 

The report recommends that the information be received and the Council agree to underwrite the operations of the Penrith Performing and Visual Arts Ltd until the presentation of the 2017/18 Annual Report.

Background

Penrith Performing & Visual Arts (PP&VA) established in 2006, brought together Penrith’s leading cultural organisations, individually operating since the seventies, eighties and nineties. Operating across two sites, spanning the Nepean River, PP&VA brings together the development, production and presentation of performing and visual arts all underscored by education and access programs, including the Penrith Conservatorium of Music and Q Theatre programs as well as operation of the Council-owned physical assets including management of the Penrith Regional Gallery and The Lewers Bequest art collection.

In 2016-17, PP&VA delivered in accordance with the Strategic Plan developed to guide operations for the period 2016-2018 and which is also supported a multi-year funding agreement with Create NSW (previously Arts NSW) for the same period. Key Strategic Directions and Goals under this plan were reported at adoption and remain unchanged. A summarised version of the Strategic Plan is available at: http://thejoan.com.au/about-us/penrith-performing-visual-arts-ltd/ppva-strategic-plan/ for reference.

 

Operationally both sites experienced extremely busy and productive years across all aspects of our complex cultural business.  The company continues to focus on increasing the depth, quality, diversity and reach of experiences offered rather than merely maintain or increasing numbers. As stated last year, increasingly PP&VA relies on key cultural and community partnerships to achieve its ambitions and goals. Whilst these offer great opportunity and draw in additional resources and expertise, there is no question that partnerships are more complex to manage and rely heavily on clear and consistent leadership and clear communication to ensure success. Their added benefit is to leverage greater exposure and broader community support. Partnerships will continue to be key into the future and are an ongoing focus across all areas.

 

In 2017 a key challenge met was the Company’s ambition to ensure access to quality cultural experiences for those from disadvantaged areas. In the world of visual arts, where entry is free, the challenge is for community engagement strategies – particularly for young people as the audience of tomorrow.  A key success this year was the Gallery’s Night Garden youth focussed event showcasing art and music performances from young creatives enrolled in visual and performing arts from five local high schools. The event was a resounding success with over 350 in attendance on the night. Four of the five high school principals attended helping to raise the profile of the creative arts within the schools sector and building audience for the Gallery with many families being first time visitors to the site. Artworks from 141 students were exhibited in the pop up event and 25 young musicians performed. Fabulous feedback included the following:

 

“Thank you. It was a fabulous night!! They totally enjoyed the night, and their supportive parents just as excited and proud…we were certainly IGNITED for ideas for the future! A wonderful community shared experience.  Looking forward to the next one. “

Liz Hale, Jamison High

 

In the performing arts – where experiences are delivered predominantly on a cost recovery basis, the challenge is first and foremost the barrier of cost.

 

This year, with the financial support of Celestino and the Blue Mountains Refugee Support Group, over 300 schoolchildren and their teachers predominantly from schools in disadvantaged areas have accessed quality theatrical experiences at no cost. In addition, Celestino further extended the value of the experience by donating specially branded library bags which also held goodies from both The Joan and Celestino (badges, rulers, coloured pencils).

 

Students from Kingswood Park Public school were excited to take their shoes off and participate in the interactive production of Saltbush. Their principal Ms Berwick said:

 

“At Kingswood Park Public School we always look for opportunities to embrace the arts and provide our students with different cultural experiences. As a small school of 150 students, we were very thrilled to be the recipients of subsidised tickets from Celestino. This provided a fantastic chance for over half our school population to be part of Saltbush and engage in live theatre, right at their own door step at The Joan. With our school represented by 40 percent Aboriginal population it was also a chance for children to connect with their own culture in a meaningful and positive way.  Our students had a wonderful time and we thank you.”

 

We will continue to build these strategies into 2018 and beyond.

 

Artistic highlights of the period include:

 

·    Design and launch of the 2017 seasons with The Joan as a destination for every occasion.  In all offering 30 seasons of 95 performances including 8 for kids and families in The Playground, 12 concerts for seniors in the eternally popular Morning Melodies, 12 High Street subscription shows, 4 Richard Bonynge Fine Music concerts; and 3 Piazza Sunday series world music events. The Joan’s education offer included 5 shows for primary and 8 for high school students as well as special backstage and work experience placements.

·    It is worth noting that in the face of increased local competition in the Morning Melodies arena (with a similar program introduced in Springwood modelled on Penrith’s,) the programming team achieved an exceptional offer for 2017 which has resulted in increased attendance and numerous sold out performances.

·    Delivery of the Leda and the Swan season from the Q 2016 young artists’ ensemble and of Frankenstein – a professional production from the Q Theatre.

·    Creative development and presentation of Black Birds – a fully professional two week season within the 2017 High Street season offer with its origins in our 2016 Q Lab artists’ residencies. Black Birds made it to the ‘hottest stage tickets of 2017’ list compiled by the Sydney Morning Herald’s Elissa Blake.

·    Regular inclusion of Penrith arts in metro media listings enhancing profile building and destination development aims.

·    Delivery of the first exhibition under the Memorandum of Understanding with the Museum of Applied Arts and Sciences (MAAS) – Gravity (and Wonder). Offering audiences a window into art and science, Gravity was rated between Good and Excellent by 97% of surveyed visitors, with much praise and appreciation of its thought-provoking subject matter apparent in visitor comments such as “Excellent exhibition, thought provoking and inspiring. Good work for having something different”, “Nice to have such a diverse display here”, “Wonderful combination of physics and art”; and on a more general note “Good that because the exhibitions are free it allows access to cultural development and appreciation for all.”

·    The Gallery was also awarded the Museums Galleries Australia National Award for best Temporary or Travelling Exhibition, with our partner, the Museum of Applied Arts & Sciences (Powerhouse Museum) for Gravity (and Wonder).

·    The Q Theatre’s 2016 production Teacup in a Storm was nominated for (and won on 25 August 2017) the Australian Writers Guild AWGIE Award for Youth and Community Theatre.  Congratulations to both Noelle Janaczewska and Q Theatre.

·    An exceptional offer of art work gifts through the Australian Government’s Cultural Gift Program from a private collector with a total value of close to $0.9 million in addition to several further offers from artists as a result of exhibitions.

·    Completion of Summer Studio Residencies (November to January) including a professional development residency by Rochelle Summerfield which enabled the very popular exhibition in the Loungeroom Gallery – A Wayfarer on the Nepean.

·    The introduction of the Southlands Breakthrough Award -in response to an approach by the owners of Southlands Shopping Centre and in close collaboration with them, PP&VA offered 3 Artists’ Awards for 2017 for early career artists (music, visual arts and theatre) wishing to undertake a ‘breakthrough’ project.  Awarded through competitive application these awards complement our existing residency programs, extend our ability to support artists across art forms to create new work, extend our artistic networks and build on our strategic position in the region and in the arts sector. Culminating in an Open Studio on 4 August 2017, continued support has been confirmed by our corporate partner.

·    The hosting and partnership with Modern Art Projects (MAP) of the New Ngurra installation including an opening smoking ceremony and numerous workshops in Aboriginal arts and culture delivered on site and off to studio Q students and the Indigenous cohort at Caroline Chisholm College (as part of NAIDOC) by Aboriginal artist Graham Davis King, a Board member of Deerubbin Local Aboriginal Land Council.

 

Education Highlights

 

·    Penrith Strings year3 – this exciting partnership between The Joan, the Australian Chamber Orchestra and the Penrith Symphony Orchestra which launched in January 2015, having secured two–year funding through the Crown Resorts Foundation Western Sydney Cultural Fund was renewed for years 3 and 4 with growth from 2018. The program provides opportunities for young string players to extend their skills in an ensemble setting and to be taught by leading Australian professional musicians. Successful joint application to the Crown Resorts Foundation Western Sydney program for years 3 and 4 of Penrith Strings included additional funding to support the growth in 2018 to the inclusion of percussion, brass and wind instruments as part of the goal of achieving a Penrith Youth Orchestra.

·    Delivery of Conservatorium ensembles in Music Theatre and Opera supported by corporate partner Celestino.

·    The Q’s Annual Festival for high schools – Flannofest which involves professional artists working with local students to create new works occurred in June 2017. This well established and popular program is continually refined to position it as an important local initiative in young artist development and as an educational opportunity offered within a professional arts industry context.

·    Early Childhood Professional Development Program– The Gallery has prioritised working in early childhood, piloting a program of professional development for Council’s childcare centre workers in the visual arts. This program continues to be refined and has been ongoing at site throughout 2017.

·    Studio Q including the Access Program, Gallery workshops and individual tuition all continued strongly with a disability film project Five Feisty and Fabulous undertaken at the Gallery for 2017 reflecting the strength of that area. Studio Q extended services to MECA (Mount Druitt Ethnic Communities Agency) through a partnership and given that we cannot extend the program further on site, is looking to develop targeted off site delivery to communities into 2018. 

Showcases for all these education programs will occur in November and December 2018.

 

Key infrastructure wins:

 

·    Installation of a sandstone paving area replacing the mud and astro turf adjacent to the Undercoft (café seating) through Stronger Communities Program funding and Council contribution.

·    Installation of professional, fire rated and light blocking curtaining in the Borland Foyer to address severe sunlight issues and increase usability and flexibility of the space through Company contribution and Stronger Communities Program funding

·    Purchase and installation of cupboards to store education and workshop materials in Sonia Farley 1 through corporate contribution

·    Purchase of additional furniture for Borland Foyer to address comfort and amenity through corporate contribution.

 

Key infrastructure challenges include:

·   Incomplete overhaul of HVAC system at the Joan Sutherland Performing Arts Centre, with approximately 30% of loading dock area out of use from January 2016 to the present and ongoing issues regarding temperature and air volume regularly experienced due to incomplete project.

·   Significant limitations of Gallery HVAC during summer season – due to be addressed through an Australian Government Grant to Council during 2017/18 with a full install across exhibition, Collection and studio areas (not just Main Gallery) of a geo-thermal climate control system and supplementary split systems for staff areas. We welcome this game changing development.

·   Lack of ongoing social amenity to complement cultural program at The Joan, currently the Company is in discussions with commercial providers regarding several ‘pop up’ approaches utilising the commercial kitchen to both extend usage and meet patron demand. Conversely at the Gallery ongoing site issues due to increases in visitation and usage.

 

Key operational actions:

 

1.   Operational, HR and business capacity

The organisation has continued its focus on delivering consistent business systems across both sites and standardising processes. We eagerly await the completion of the IT system overhaul through Council which will see us use our headsets consistently and the removal of our desk telephones. With numerous staff working remotely and with two sites we are eager adopters of cloud services and look forward to the introduction of Sharepoint for us. This will particularly enable more staff to work from either site more easily – critical in building a whole of organisation culture and familiarity with programs for those who work across artforms and sites.

We have noticed that our down times (traditionally over Christmas/New Year and in mid winter) seem to be ever shorter and busier. Having addressed the excessive accrued Time off in Lieu we are actively ensuring that flexi time is managed assiduously and taken regularly. As a specialised and service based enterprise we look to grow employment opportunities and whilst still heavily reliant on casuals due to the erratic and seasonal nature of our public offerings, maintain an ambition to stabilise staffing as much as possible once activity reaches a critical mass and regularity.

No significant structural changes were made in this period of operation, excepting at the end of the financial year, the minor shift to elevate creative programs by extending the role of Creative Producer, New Work and Development to full time and adding in a support role of Associate Producer part time. This recognises the growth in creative programs (including residencies and awards) as well as the stated creative priorities within the Strategic Plan. The changes and recruitment actions took place from July 2017 with the Associate Producer due to commence in early November.  Additionally positions identified in our previously submitted Program Priorities aimed at increasing the Work, Health and Safety at both sites, as well as ever improving the customer experience (always an ongoing goal) were supported as ongoing additions to the team. Council’s additional funding from 2017-18 towards this priority is greatly appreciated and gratefully acknowledged.

 

Whilst outside of the reporting period, several key resignations in late 2017 have led to further structural changes to create smaller, more focussed specialist teams. The breadth of responsibilities held in particular by James Fischer, who has been with the Company for almost 12 years and fulfilled numerous roles across education management, program coordination and season producing, have increasingly proved challenging due to the excessive workload. The changes approved by the Board in October 2017 will come into effect in 2018.

 

 

 

2.   Ticketing and access

Analysis of our ticketing database reveals that across all ticketing sales in 2016-17, the top 10 postcodes continues to feature 2750 in the number one spot, with Penrith LGA postcodes increasing in the proportion of top ten postcode buying patrons to a high of 73.29 %.  An analysis of education programs sees this percentage around 75%. 2750 is consistently the top postcode across all categories, never falling below 20%.

The Joan presents achieved a total Gross Box Office of $529,170 and ticketed attendance of 18,971 and Hirers events achieved a total Gross Box Office of $883,913 and ticketed attendance of 27,695. In part this result reflects the increased number of high profile commercial presentations, with enquiries for 2018 extremely healthy at this point in time.

In all 166 performances across 94 seasons attracted 46,666 ticketed attendances and gross Box Office of $1,413,083.

This represents a growth in GBO of 26% over the previous financial year.

Total participation figures for the period (both sites):

 

2016/17

 

Jul-Sept

Oct-Dec

Jan-Mar

Apr-Jun

TOTAL

Onsite

102214

80927

30946

40259

254346

Digital

111707

63250

74701

85041

334699

Total

213921

144177

105647

125300

589,045

 

This represents a growth in total participation of 46% over the previous financial year.

 

3.   Community

 

The Joan continued to support community performing arts hirers by offering reduced rate hires to enable access to our venues and professional ticketing services. Subsidies are offered to non-professional performers and pro-am companies as well as teaching institutions. Key hirers include ongoing regular support to Penrith Symphony Orchestra who both rehearse and perform regularly at The Joan as ‘Orchestra in Residence’ and Penrith Musical Comedy Company, as well as in the last two years, Blackout Theatre. Together these pro-am companies provide a breadth of larger scale musical theatre and orchestral experiences for local audiences which would otherwise not be possible to offer.

 

Key events such as the Blue Mountains Nepean Dance Festival and the Band Association of NSW State Championships as well as the annual/biannual school and dance school concert seasons are all supported. Whilst the rental is subsidised full recovery is applied to outlays (staff costs) and as we require full compliance with WHS standards we do regularly experience negative feedback on the rising costs and remain out of reach for many. A rates review is due to occur for 2018 which will examine market rates and competition as well as policy as most rates (excepting staff recovery) have now been static for five years.

 

Challenges and Opportunities

The negotiated maintenance agreement which clarifies the relationship between PP&VA as operators and Council as facility owners is providing the much needed skills and resources to ensure both The Joan and The Gallery as popular and well utilised community cultural assets stay safe, functional, creative and accessible. We are very grateful for this partnered approach which has, since inception, seen many of the larger outstanding issues be addressed.

Small grants have recently been submitted through the Stronger Communities Program by the Company to offset the costs of improving racking within the Collection Store and to offset the costs of an improved disability platform in the Richard Bonynge Concert Hall. Grants applications are currently being prepared for submission to the NSW Creative Capital program. Such submissions are always in close cooperation with council officers.

 

Whilst operating successfully, the Company continues to note increasing pressure on its ability to successfully and safely resource programs and to meet community expectation. It notes the relatively low Penrith LGA per capita investment in arts and culture, the unusual (but positive) breadth of its programs, and in comparison to arts and cultural programs and centres in the region, particularly Campbelltown and Liverpool. Both those Centres have all overheads met through subsidy and earn a relatively low percentage of overall income.  By comparison, PP&VA continues to earn a portion of overheads before extending to creative programs. Of course we also acknowledge that our program offer and locations are significantly different. What the difference in investment level means is that our capacity to leverage our existing programs into community settings and to offer free events to grow cultural consumption and opportunity is severely compromised.  Nonetheless we are extremely grateful for the increased subsidy awarded for 2017-18 which will enable several significant changes increasing safety, employment conditions and outputs.

 

We urge Council to consider the potential presented by our operations to make further positive impact on this region’s liveability, particularly in the face of current changes and growth in the city.

 

Strategic Directions

 

The Company is about to enter into a Strategic Planning Period for operations from 2019 onwards. In review we see we are on track, particularly in our focus to develop artistic opportunity and artist engagements. In order to secure increased funding from Create NSW however we must propose significant creative programs of increased international, national or regional significance. We are currently focussed on taking opportunities to profile our work in public fora in order to build greater industry and public awareness. We are also focussed on articulating the Penrith model (professional practice underpinned by deep community engagement and education programs) as an example of best practice holistic cultural delivery for a local region.

4.   Governance

 

Confirmation of appointments in respect of Community Directors

 

In accordance with the Constitution, all six community directors retired in 2017 remaining eligible for re-appointment for either two or four year terms. 

 

Those Directors are:

 

1. Hon. Peter Anderson AM    since 1995

2. Mrs Cathy Jarman              since 1999

3. Mr Tony Lackey                  since 2006

4. Ms Alison McLaren             since 2015

5. Mr John Mullane                 since 2004

6. Mr Pat Sheehy AM              see below

 

Mr Pat Sheehy AM chose not to renominate, announcing his retirement to the Board of Directors effective at the 2017 AGM.

 

Mr Sheehy AM was first appointed to the Management Committee of the Gallery in 1983 – chairing the Committee from 1985 until 1995. Subsequently he returned as a member of the Gallery Board following corporatisation in 2002 until the merger creating PP&VA in 2005. From 1995 until 1999 Mr Sheehy AM was a Council Nominated Director of the Joan Sutherland Performing Arts Centre board. He returned to the Board in 2002 where he has remained through the establishment of PP&VA and merger until this year. Mr Sheehy AM was also a Director of Railway Street Theatre Company from 2001 until its merger into PP&VA. He played a significant role in formation of PP&VA and the extensions to The Joan.

 

Nominations were sought through public advertisement, seeking also nominees’ preferences on term length. With the exception of Mr Sheehy, all remaining Directors chose to re-nominate. Six new community representatives also submitted applications for consideration.  All nominations were considered at the August 2017 Board meeting with recommendations made to Council for consideration. Council approved PP&VA recommendations at its Ordinary Meeting held on 25 September 2017, appointing Hon. Peter Anderson AM, Ms Christine Keeble and Ms Cathy Jarman be appointed for a 2 year term; and appointing Mr John Mullane, Mr Tony Lackey and Ms Alison McLaren for a four year term.

 

Nominations for community representatives to the two art form committees were also sought through public advertisement, with the majority of previous members also re-nominating and new members approved by the Board at its August Board Meeting. The new community membership of the Committees is as follows:

 

VISUAL ARTS

PERFORMING ARTS

Lynda Henderson

Amanda Rudolf

Naomi Oliver

Charlene Peffer

Jan Brown

Dominique Anderson

Catherine Barcan

Michael Webb

Suzy Beele

Mark Denny

David Conole

Suzy Beele

Jennifer Roberts

Phil Stormer

 

Jennifer Roberts

 

Additionally each committee is chaired by a PP&VA Board member and has at least two other Board members on it.

 

At the October 2017 Annual General Meeting, the current auditors, Berger Piepers were re-appointed as auditors for Penrith Performing & Visual Arts for the coming financial year.

 

2016/17 Financial Result

The financial year end saw a small surplus of $3,573. Importantly a contribution to the equipment replacement reserve of $50,000 was made, building the Company’s capacity in particular to purchase new pianos as and when required. This reserve’s balance is now $100,000. The Bosendorfer Imperial Concert Grand alone is valued at around $300,000. With 31 other pianos held by the Company (many of them as old as stage one of the Centre and technically nearing standard retirement age) this Reserve will remain a priority for some time to come. The Centre is lucky to have secured the ongoing services of an expert piano tuner who manages our pianos to a high degree of excellence. Part of his work is offered by donation to support our efforts.

 

The financial result reflects the careful management and strict ongoing internal controls to ensure budgets are adhered to particularly given the highly capricious nature of theatrical entrepreneurial delivery.

 

Whilst this is a good result it is worth noting that, the accepted arts sector benchmark for Reserves and Surpluses (liquid assets) is 20% of turnover (generally considered within the sector as expenses which this financial year equalled $3,631,312). PP&VA currently has a total of $1,790,152 in accumulated funds. However, the majority of Reserves ($1,424,167) relate to Collection items managed on behalf of Penrith City Council and acquired for the most part through the Australian Government’s Cultural Gifts Program which prohibits sale. The Retained Surplus equates to 7.3% ($265,985), or just over of 30% of the benchmark. Including the Equipment Reserve brings the Company to 10% or half the benchmark.

 

Benchmarks are assessable under both Australian Government and State Government funding programs and therefore it is recommended that the Company continues to grow Reserves over time.

 

 

RECOMMENDATION

That:

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

2.    Council agree to underwrite the operations of the Penrith Performing and Visual Arts Ltd until the presentation of the 2017/18 Annual Report.

 

 

ATTACHMENTS/APPENDICES

1.

Penrith Regional Gallery & The Lewers Bequest at a glance 2016-17/Joan Sutherland Performing Arts Centre - ticketed performances 2016/17

5 Pages

Appendix

  


Policy Review Committee Meeting                                                                          13 November 2017

Appendix 1 - Penrith Regional Gallery & The Lewers Bequest at a glance 2016-17/Joan Sutherland Performing Arts Centre - ticketed performances 2016/17

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 13 November 2017

Report Title:            Penrith Panthers Planning Proposal and DCP Amendment

Attachments:           Site Location Map

                                ESQ1818 Development Scheme

                                Changes to building height and development capacity

                                Changes proposed to DCP 2014

                                Draft Penrith DCP 2014 Amendment

                                Matters raised in submissions



Policy Review Committee Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             13 November 2017

Attachment 1 - Site Location Map

 

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Policy Review Committee Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             13 November 2017

Attachment 2 - ESQ1818 Development Scheme

 

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Policy Review Committee Meeting                                                                          13 November 2017

Attachment 3 - Changes to building height and development capacity

 

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Policy Review Committee Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             13 November 2017

Attachment 4 - Changes proposed to DCP 2014

 

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Policy Review Committee Meeting                                                                          13 November 2017

Attachment 5 - Draft Penrith DCP 2014 Amendment

 

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Policy Review Committee Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             13 November 2017

Attachment 6 - Matters raised in submissions

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 13 November 2017

Report Title:            Housekeeping Amendment to the Penrith Local Environmental Plan 2010

Attachments:           Planning Proposal Housekeeping Amendment



Policy Review Committee Meeting                                                                          13 November 2017

Attachment 1 - Planning Proposal Housekeeping Amendment

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 13 November 2017

Report Title:            St Marys Town Centre Triennial Business Plan 2016-2019 and Operational Plan 2017-2018

Attachments:           Triennial Business Plan 2016-19

                                Annual Report and Audited Financial Statements 2016-17

                                Operational Plan 2017-18



Policy Review Committee Meeting                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             13 November 2017

Attachment 1 - Triennial Business Plan 2016-19

 

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Policy Review Committee Meeting                                                                          13 November 2017

Attachment 2 - Annual Report and Audited Financial Statements 2016-17

 

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Policy Review Committee Meeting                                                                          13 November 2017

Attachment 3 - Operational Plan 2017-18

 

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