Council_Mark_POS_RGB

8 August 2018

 

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 August 2018 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 Karen McKeown OAM - 6 August 2018 to 19 August 2018 inclusive.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Policy Review Committee Meeting - 9 July 2018.

 

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 August 2018

 

table of contents

 

 

 

 

 

 

meeting calendar

 

 

confirmation of minutes

 

 

DELIVERY program reports

 


Council_Mark_POS_RGB2018 MEETING CALENDAR

January 2018 - December 2018

(Adopted by Council - 27 November 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

7.00pm

 

 

 

 

 

 

 

 

 

10

 

 

17

 

 

26@

26

30v

28#

25*

23

27@

   

   24^ü

 

29

26#+

 

Policy Review Committee

7.00pm

 

12

12

16

14

4

9

13

3

8

12

10

 

 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 (May 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 2017-2018 Annual Statements are presented

 

Meeting at which any comments on the 2017-2018 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 on 4732 7597

 


UNCONFIRMED MINUTES

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

ON MONDAY 9 JULY 2018 AT 7:00PM

PRESENT

Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Greg Davies (arrived 7:03pm), Mark Davies, Aaron Duke, Ross Fowler OAM, Karen McKeown OAM and Kath Presdee.

 

APOLOGIES

25  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Ross Fowler OAM that apologies be accepted from His Worship the Mayor, Councillor John Thain and Councillors Bernard Bratusa and Kevin Crameri OAM.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 4 June 2018

26  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Marcus Cornish that the minutes of the Policy Review Committee Meeting of 4 June 2018 be confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Boarding Houses and development contributions for local infrastructure               

27  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Aaron Duke

That:

1.    The information contained in the report on Boarding Houses and development contributions for local infrastructure be received.

2.    Council resolve to levy development contributions on any currently undetermined and future boarding house applications under the Cultural Facilities, District Open Space, Local Open Space, Claremont Meadows and WELL Precinct Contributions Plans, as relevant, at an occupancy rate of 1.34 persons per bedroom/boarding room, or for new lots in the WELL Precinct at $30K per new lot, as per the Ministerial Direction.

3.    As part of the next amendment to the District Open Space and Local Open Space Contributions Plans that occupancy rates associated with all relevant land use types be incorporated.

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

For

Against

Councillor Kath Presdee

 

Councillor Karen McKeown OAM

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Tricia Hitchen

 

Councillor Marcus Cornish

 

Councillor Aaron Duke

 

Councillor Todd Carney

 

Councillor Brian Cartwright

 

Councillor Robin Cook

 

 

2        Amendments to Penrith Development Control Plan 2014 - Multi Dwelling Housing and Boarding Houses                                                                                                       

28  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Aaron Duke

That:

1.    The information contained in the report on Amendments to Penrith Development Control Plan 2014 - Multi Dwelling Housing and Boarding Houses be received.

2.    The General Manager be authorised to make any minor changes to the draft Penrith Development Control Plan 2014 prior to exhibition.

3.    Amendments to draft Penrith Development Control Plan 2014 (provided as Attachment 2, 4 and tabled tonight) be publicly exhibited, in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979 and associated Regulations.

4.    A further report be presented to Council following the public exhibition.

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

For

Against

Councillor Kath Presdee

 

Councillor Karen McKeown OAM

 

Councillor Mark Davies

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM

 

Councillor Tricia  Hitchen

 

Councillor Marcus Cornish

 

Councillor Aaron Duke

 

Councillor Todd Carney

 

Councillor Brian Cartwright

 

Councillor Robin Cook

 

 

3        Submission on Proposed Amendments to Sydney Regional Environmental Plan No. 30 - St Marys

Councillor Greg Davies arrived at the meeting, the time being 7:03pm.                                     

29  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Aaron Duke

That:

1.    The information contained in the report on Submission on Proposed Amendments to Sydney Regional Environmental Plan No. 30 - St Marys be received.

2.    The draft submission (provided as an Attachment) be endorsed and submitted to the NSW Department of Planning and Environment.

 

 

Outcome 6 - We are healthy and share strong community spirit

 

4        NSW ICC World T20 2020 Cricket Legacy Fund                                                            

30  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Marcus Cornish

That:

1.    The information contained in the report on NSW ICC World T20 2020 Cricket Legacy Fund be received

2.    Council endorse the allocation of identified / existing budgets as contributing funds to enable grant applications for projects at;

-     Rance Oval public amenity replacement, showers, umpires change room, store room and installation of an automated irrigation system. $7,000 from 2018 - 2019 Parks Asset Renewal, $190,000 from 2019 -2020 Section 7.11 Local Open Space Plan and $220,000 from 2019 – 2020 Public Amenities Replacement Program.

-     Village Oval synthetic cricket wicket installation. $7,500 2018-2019 Grant Funded Projects Reserve.

 

 

There being no further business the Chairperson declared the meeting closed the time being 7:04pm.

    



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Outcome 2 - We plan for our future growth

 

1        Housekeeping Amendment to 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.                                                                  1

 

2        Planning Proposal for 88-89 Nepean Gorge, Mulgoa

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  4

 

3        Planning Proposal - Reclassification and rezoning of public land at the corner of Rodgers and Somerset Streets, Kingswood

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  8

 

 

Outcome 6 - We are healthy and share strong community spirit

 

4        Managing Homelessness in Public Space                                                                      21

 

 

Outcome 7 - We have confidence in our Council

 

5        Public Interest Disclosures Internal Reporting System Policy                                         31

 

6        Local Government NSW Annual Conference 2018                                                         34

 

 

 


 

 

 

 

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        Housekeeping Amendment to 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.                                                                  1

 

2        Planning Proposal for 88-89 Nepean Gorge, Mulgoa

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  4

 

3        Planning Proposal - Reclassification and rezoning of public land at the corner of Rodgers and Somerset Streets, Kingswood

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  8

 

 

 



Policy Review Committee Meeting                                                                 13 August 2018

 

 

 

1

Housekeeping Amendment to 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

Ensure services, facilities and infrastructure meet the changing needs of our community

Service Activity

Ensure our policies, strategies and plans provide for the services and infrastructure our City needs

     

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 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”. The report seeks Council’s endorsement of the Planning Proposal and that it be forwarded to the Minister for Planning and Parliamentary Counsel for making of the LEP 2010 amendment.

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 instrument 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”. The preparation of a Planning Proposal is the first step in the Department of Planning and Environment’s (DPE) Gateway Process for making or amending LEPs.

 

At the Policy Review Committee meeting of 13 November 2017 Council considered a report on the Planning Proposal and resolved to forward the Planning Proposal to the Minister for Planning with a request to issue a Gateway Determination. On 9 February 2018 a Gateway Determination was issued which advised that the Planning Proposal process may proceed subject to conditions, which were addressed and an altered Gateway Determination was issued on 20 April 2018.

 

Public exhibition and public authority consultation

The Planning Proposal was placed on public exhibition from 21 May to 19 June 2018 in accordance with legislative requirements and the conditions of the Gateway Determination. 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. Public authorities were notified in accordance with the requirements of the Gateway Determination.

 

 

 

 

A total of 3 submissions were received that are summarised below:

 

1.   NSW Rural Fire Service: No objections raised in respect to the Planning Proposal.

2.   Sydney Trains: Sydney Trains does not support Item 17 in the Planning Proposal, being a proposed correction to mapped planning controls on railway land at Russell Street, Emu Plains. Council officers concur with the Sydney Trains submission and the proposed changes have been removed from the Planning Proposal.

3.   A Public submission: A request was made for Council to provide an explanation in regard to the need for the amendments and whether affected properties were notified of the proposal. Council officers have provided a response to the submitter to explain the purpose of the proposed changes and that these changes apply on a city-wide basis and did not present significant impact.

As a result of internal feedback, the proposed changes to building height controls at Lots 137-143 DP14333 are removed from the Housekeeping Planning Proposal as this land is now subject to a separate Planning Proposal relating to land at the corner of Somerset and Rodgers Street, Kingswood.

 

Updated Planning Proposal

In response to submissions received, amendments were made to the Planning Proposal for Items 5 and 17, as outlined in the above table. A minor change was also made to Item 28 (proposed realignment of mapped planning controls at Eastern Hilltop Park, Caddens) to provide updated property details for the land affected by the proposed change.

 

The updated Planning Proposal now seeks to change 37 separate items. The proposed changes may be grouped under the following categories:

Instrument amendments only

Mapping amendments only

Instrument and mapping amendments

 

The updated Planning Proposal is provided at Attachment 2.

 

Next steps

Should Council resolve to endorse the recommendations of this report the updated Planning Proposal will be finalised and forwarded to the Minister for Planning and Parliamentary Counsel 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. The Planning Proposal has been placed on public exhibition and undergone public authority consultation. In response to submissions, some changes have been made to the Planning Proposal. Should Council resolve to endorse the recommendations of this report the updated Planning Proposal will be finalised and forwarded to the Minister for Planning and Parliamentary Counsel to make the LEP amendment.

 

 

 

 

 

 

 

 

RECOMMENDATION

That:

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

2.    Council endorses the Planning Proposal provided at Attachment 2.

3.    The General Manager be granted delegation to update and finalise the Planning Proposal referred to in resolution 2 prior to Council's submission of the Planning Proposal to the Minister for Planning and Parliamentary Counsel.

4.    Council officers forward the Planning Proposal to the Minister for Planning and Parliamentary Counsel with a request to make the local environmental plan amendment.

 

 

ATTACHMENTS/APPENDICES

1.

Summary of amendments

107 Pages

Attachments Included

 Under Separate Cover (Website)

2.

Housekeeping Planning Proposal

291 Pages

Attachments Included

 Under Separate Cover (Website)

  


Policy Review Committee Meeting                                                                 13 August 2018

 

 

 

2

Planning Proposal for 88-89 Nepean Gorge, Mulgoa   

 

Compiled by:               Matthew Rose, Senior Planner

Authorised by:            Natasha Baker, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate quality development in the City that considers the current and future needs of our community

Service Activity

Plan for and facilitate development in the City

     

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

 

Applicant: AE Design Partnership

Owner: Angus Securities

Executive Summary

This report provides an update on the Planning Proposal for 88-89 Nepean Gorge Drive, Mulgoa, known as the Western Precinct of the Fernhill Estate. This proposal recommends changes to the current planning controls to facilitate the consolidation of the site’s subdivision potential to protect a significant biodiversity resource.

 

The completion of this proposal has been delayed and the information required to complete the proposal remains outstanding. The Gateway Determination for the proposal expired on 10 June 2018 and this report seeks Council’s resolution to cease work on the proposal.

Background

In September 2015, Council sponsored a Planning Proposal that recommended changes to the planning controls applying to 88-89 Nepean Gorge Drive, Mulgoa. This site is also known as the Western Precinct of the Fernhill Estate (refer to the attached map). The approximate 111-hectare site contains a significant biodiversity resource that provides habitat for a wide range of fauna, including threatened species. It is also part of a habitat network transitioning from the higher elevation forests of the Blue Mountains to the lowland grassy woodlands of the Cumberland Plain.

 

Penrith Local Environmental Plan 2010 (or LEP 2010) zones the site E3 Environmental Management, a zone that seeks to protect, manage and restore areas with special ecological value. LEP 2010 also applies a subdivision control that sets the minimum lot size at 10 hectares. These controls permit, with Council’s development consent, the subdivision of the site into 11 10-hectare lots.

 

The Planning Proposal recommends that:

·    The part of the site containing the biodiversity resource is rezoned to E2 Environmental Conservation, strengthening its protection, and

·    The reduction in the minimum lot size for subdivision control for the remainder of the site from 10-hectares to 2-hectares.

 

 

These changes, if made, would facilitate the subdivision of the site into:

·    12 to 15 lots with a minimum lot size of 2-hectares, and

·    one large lot of approximately 70 hectares containing the biodiversity resource.

 

The proponent also proposed to protect the biodiversity resource with the use of the Biodiversity Banking and Offsets Scheme (or BioBanking) and committed to progress a BioBanking Application once Council had sponsored the Planning Proposal. BioBanking is a market-based scheme managed by the NSW Government to help address the loss of biodiversity.

 

The Planning Proposal is one in a series of proposals for the Fernhill Estate, that have generally sought to subdivide parts of the Estate to provide additional rural-residential lots. None of the applications seeking additional subdivision have been progressed.

 

Progressing the Planning Proposal

In March 2016, Council received a Gateway Determination for the Planning Proposal from the NSW Government, directing it to consult the following public authorities prior to any public exhibition:

·    NSW Rural Fire Service because of the risk of bushfire, and

·    NSW Office of Environment and Heritage due to the BioBanking proposal and potential conflict with bushfire management measures.

 

This consultation, which required the applicant to provide additional information, was completed in May 2017. The NSW Rural Fire Services concerns were resolved. However, the NSW Office of Environment and Heritage (OEH) has requested that the applicants enter into a voluntary planning agreement that sets the terms of the proposed BioBanking Application. OEH requires the credits created by the proposed agreement to be used to off-set any impacts of the proposed subdivision, before any surplus credits are sold.

 

A letter of offer to enter into the required planning agreement was requested from the applicants in June 2017 and, to date (about 12 months on) has not been received. This is despite many repeated requests, some of which have gone unanswered. In addition, the applicant:

·    has not applied for a BioBanking Agreement, an action it committed to undertake on Council’s sponsor of the Planning Proposal in September 2015, and

·    has sought Council’s development consent for the subdivision of the site into two lots, each with its own proposed BioBank Site.

 

The original Gateway Determination expired in March 2017 and the NSW Government has granted two extensions to allow Council to complete its consultation with the public authorities and for the applicant to submit the required letter of offer. The first extension expired on 10 September 2017, the second on 10 June 2018.

 

Conclusion

This Planning Proposal has been underway for over 2 years. The applicant has not provided the documentation to allow Council to progress the Planning Proposal to public exhibition or met its commitment to apply for a BioBanking Agreement.

 

To formally complete the Gateway Process, Council must request the Minister for Planning to determine that the matter not proceed. It is recommended that the current Gateway Determination, which expired on 10 June 2018, is allowed to lapse and that officers cease work on the Planning Proposal.

 

The E3 Environmental Management zone will continue to apply to the site and will protect the biodiversity resource. The ability of the current or a future owner to apply for a BioBanking Agreement will not be compromised.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Planning Proposal for 88-89 Nepean Gorge, Mulgoa be received.

2.    Council, in accordance with section 3.35 Planning proposal authority may vary proposals or not proceed of the Environmental Planning and Assessment Act 1979, request the Minister for Planning to determine that the Planning Proposal not proceed.

 

 

ATTACHMENTS/APPENDICES

1.

The Precincts of the Fernhill Estate, Mulgoa

1 Page

Appendix

  


Policy Review Committee Meeting                                                                               13 August 2018

Appendix 1 - The Precincts of the Fernhill Estate, Mulgoa

 

PDF Creator


Policy Review Committee Meeting                                                                 13 August 2018

 

 

 

3

Planning Proposal - Reclassification and rezoning of public land at the corner of Rodgers and Somerset Streets, Kingswood   

 

Compiled by:               Danielle Fox, Planner

Authorised by:            Natasha Baker, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Facilitate quality development in the City that considers the current and future needs of our community

Service Activity

Plan for and facilitate development in the City

     

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

 

Owner:               Penrith City Council

Applicant:          Penrith City Council

 

Executive Summary

This report seeks Council’s resolution to endorse a planning proposal that seeks to amend Penrith Local Environmental Plan 2010 (LEP) relating to seven (7) lots of Council owned land on the corner of Rodgers and Somerset Streets in Kingswood. The Planning Proposal seeks to reclassify land from Community to Operational and rezone from RE1 Public Recreation to B4 Mixed Use which is consistent with zoning on adjoining land.

 

Reclassifying the land will enable Council to consider opportunities for the development of the land. The Planning Proposal will be considered in the context of improving adjoining open space and included in a broader future master plan for the site.

 

This report provides a summary of the Planning Proposal and seeks Council’s endorsement to forward the Planning Proposal to the Department of Planning and Environment (DP&E), seeking a Gateway Determination to enable public exhibition and agency consultation.

 

Background

Council’s Property Development Department (PDD) lodged a Planning Proposal (RZ18/0005) seeking to reclassify and rezone seven (7) lots of RE1 Public Recreation zoned land totalling 5089m2. The Planning Proposal seeks to reclassify and rezone the subject land as Operational land and B4 Mixed Use respectively. Also, any interests relating to its public reserve status will be removed. The Planning Proposal is provided as Attachment 1.

 

The subject land is located within The Quarter, is within walking distance to Kingswood station and Nepean Hospital and within 350 m of two local parks. The reclassification to Operational land will enable Council to consider opportunities for the future use of the land (under the proposed new zoning), including options to sell or develop the site. Development opportunities may include housing, health service facilities and commercial premises.

 

The subject land is part of a larger Council land holding that includes four (4) lots fronting Orth Street that are not included in the Planning Proposal. These four (4) lots, totalling 2908m2, will be retained as RE1 Public Recreation and considered in the context of master planning for the entire site. Part of the subject land is currently leased for use as a temporary car park for Nepean Hospital. The remainder of the site is unimproved open space. An aerial site plan for the subject land and the four (4) RE1 zoned lots is provided in Attachment 2.

 

Strategic Context

The planning proposal satisfactorily addresses all the matters required to be included in a planning proposal as outlined in section 3.33 of the Environmental Planning and Assessment Act 1979 and the DPE’s Guide to preparing planning proposals.

 

The subject land has no minimum lot size under the LEP. Upon review of the Planning Proposal, an amendment to the minimum lot size has been included in the proposal to correspond and be consistent with lot sizes for B4 Mixed Use zones in the vicinity. The proposed minimum lot size is 400m2.

 

The planning proposal has strategic merit when assessed against applicable local and regional strategic plans and studies. Key documents that the Planning Proposal relies on includes:

 

·    The Quarter Action Plan

The Quarter’s vision is to become an international destination for investment in education, health services, research and related technology. The proximity of the site to the Nepean hospital provides an opportunity to facilitate a high quality mixed use development in line with this vision.

 

·    Recreation and Cultural Strategy and Open Space Action Plan

This study and action plan looks at the need to consider:

the quality of open space over quantity. This involves a review of smaller open space areas. Any savings from this review will be directed towards enhancing the quality of these spaces.

the importance of access to facilities including paths that link sites,

the need to identify areas that do not have the potential to provide valuable recreational opportunities and consider disposal or conversion of the land to another purpose.

 

·    Nepean Hospital Open Space Analysis (NHOSA)

This analysis found there was a high quantum of open space relative to population. However much of the pocket parks are of poor quality. There is potential for embellishment of these parks to provide amenity value and encourage passive recreation.

 

The subject land currently provides low amenity and recreational value and is within the vicinity of other open space areas. The planning proposal seeks to change the zone on the subject land that will permit additional land uses and refers to opportunities to improve adjoining open space with a formalised pedestrian link. The NHOSA found that there exists a significant inequity in the standard of provision of open space in established areas compared with new release areas. Preliminary concept designs including the subject land and the four (4) RE1 zoned lots is provided in Attachment 2.

 

Site Specific Context

The assessment of the Planning Proposal has highlighted the following matters.

 

 

 

 

Lot 143 Rodgers Street (Lot 143 DP 14333)

The subject land is constrained by overland flow flooding and a drainage pipeline that bisects the site.  The Planning Proposal includes a Concept Stormwater and Overland Flow Management Plan prepared by Martens Consulting Engineers.

 

This Plan has modelled options for managing overland flow flooding and for the relocation of the drainage pipeline to convey flows from Rodgers to Orth Street. One of the preferred options identifies Lot 143 Rodgers Street as being necessary for this work. This design matter can be addressed in more detail at a Development Application stage.

 

The planning proposal refers to a masterplan including adjoining lots that includes the embellishment of RE1 land fronting Orth Street. Lot 143 Rodgers Street is integral to this improvement work as it forms the northern portion of the pedestrian link between Rodgers and Orth Streets as shown in Attachment 2.

 

To secure the long-term availability of Lot 143 Rodgers Street for a pedestrian link and for the possibility of it being needed for essential drainage infrastructure and for managing overland flow flooding, this report will recommend that any dealings in the land will include steps to secure the land for these purposes.

 

Traffic and Transport

The Planning Proposal includes a Traffic and Transport Study prepared by TTPA. The development site is well serviced by public transport and is within a 5-minute walk from Kingswood station.  The traffic and transport study requires further work regarding traffic generation and intersection assessment and can be undertaken prior to public exhibition. 

 

Reclassification Process

Public land is managed under the Local Government Act 1993, based on its classification. All public land must be classified as either ‘community’ land or ‘operational’ land.

 

·    Community land – is land council makes available for use by the public, for example, parks, reserves or sports grounds.

·    Operational land – is land which facilitates the functions of council, and may not be open to the public, for example, a works depot or council garage.

 

Land that is classified as Community land must not be sold, exchanged or otherwise disposed of by a council.  There is no special restriction on Council powers to manage, develop, dispose, or change the nature and use of operational land. The reclassification of public land does not commit Council to the sale or development of that land. Council can still retain ownership and maintain the current use of the land.

 

Next Steps

Should Council endorse the Planning Proposal, it will be submitted to the DP&E with a request for a Gateway Determination. Upon receipt of a Gateway Determination, public exhibition and agency consultation will occur, followed by an independently chaired public hearing (required for reclassification of land). A further report to Council will be provided advising of the outcomes of the public exhibition and public hearing.

 

Conclusion

The Planning Proposal is supported by relevant local and regional plans and strategies.  The site is well serviced by public transport and proximity to services. Public open space in the vicinity of the site is within walking distance, with quality spaces located in the wider area.  The Planning Proposal’s objectives include:

·    support the growth of The Quarter by increasing amenity and productivity through urban renewal close to public transport,

·    provide housing opportunities for students, skilled and key workers within the 30-minute city scenario,

·    improve the quality of the portion of the site being retained as RE1 Public Recreation, and,

·    formalise the pedestrian connection through the site.

 

The Planning Proposal is generally supported and endorsement by Council is recommended. 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Planning Proposal - Reclassification and rezoning of public land at the corner of Rodgers and Somerset Streets, Kingswood be received.

2.    Council endorse the attached Planning Proposal, that rezones, reclassifies and amends the minimum lot size for seven lots of public land on the corner of Rodgers Street and Somerset Street Kingswood and submits it to the, Department of Planning and Environment seeking a Gateway Determination.

3.    Consultation with the community and public agencies be undertaken in accordance with any Gateway Determination issued by the Department of Planning and Environment.

4.    An independently chaired public hearing be held in accordance with the requirements of the Environmental Planning and Assessment Act and Regulations.

5.    A planning consultant be engaged to independently chair the public hearing.

6.    Council resolve that:

a)   Lot 143 Rodgers Street (Lot 143 DP 14333) is to provide:

·    a pedestrian through link from Rodgers St to Orth St,

·    conveyance of overland flow flooding from Rodgers St to Orth St,

 

and these be incorporated in any future development applications.

 

b)   Any future development considers the relocation of the drainage pipeline that currently bisects the subject land

c)   any future development applications for the subject land include the embellishment of adjacent open spaces located at Lots 177 – 180 DP 14333 to achieve a standard of embellishment comparable to release areas and satisfies Council’s objectives of high quality, robust and low maintenance public domain.

7.    A report be presented to Council on the submissions received during the public exhibition and the results of the public hearing.

 

 

 

ATTACHMENTS/APPENDICES

1.

Planning Proposal

471 Pages

Attachments Included

 Under Separate Cover (Website)

2.

Aerial of site and preliminary concept designs

3 Pages

Attachments Included

 Under Separate Cover (Website)

   


 

 

Outcome 3 - We can get around the City

 

 

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


 

 

 

 

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Outcome 4 - We have safe, vibrant places

 

 

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


 

 

 

 

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Outcome 5 - We care about our environment

 

 

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


 

 

 

 

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Outcome 6 - We are healthy and share strong community spirit

 

Item                                                                                                                                       Page

 

4        Managing Homelessness in Public Space                                                                      21

 

 

 



Policy Review Committee Meeting                                                                 13 August 2018

 

 

 

4

Managing Homelessness in Public Space   

 

Compiled by:               Vesna Kapetanovic, Community Projects Officer 

Authorised by:            Erich Weller, Community and Cultural Development Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Help build resilient, inclusive communities

Service Activity

Develop effective responses to the impacts of growth, redevelopment and change in our community

      

 

Executive Summary

People experiencing primary homelessness (which is often referred to as sleeping rough) will sometimes utilise public space and facilities due to limited options for accommodation and/or safe shelter. Homelessness and related issues such as bedding, tents and belongings stored in public space are particularly evident in urban locations and facilities including in Penrith City’s case Judges Place Car Park. Council officers are also aware of rough sleepers along the Nepean River and adjacent areas.

 

This report focuses on the current challenges in Judges Place Car Park.

 

The impact of this situation in Judges Carpark can create health and safety risks to the people that are homeless as well as general members of the community including motorists.  Council is currently experiencing a range of challenges regarding this situation however the primary issue is the obstruction of the parking service that Council provides to the community.

 

It is important that Council maintains a balanced perspective on the use of public space and it is necessary to initiate some additional measures to manage homelessness in Judges Place Car park. This proposed action includes the development of signage that could alleviate unauthorised usage of parking spaces and provide Council officers with greater capacity to remove belongings, bedding and furniture and ask people to move from the car park where there is an obstruction to a Council service and/or where a person’s belongings cause a risk to public health and safety

 

Council understands and acknowledges the difficulties homeless people experience and Council officers have been focused on working with support services to assist people to resolve their homelessness. Council officers regularly coordinate outreach homelessness specialist service support to people experiencing crisis that may lead to positive and sustainable outcomes for the individual and the community.

 

However, in Judges Car Park up to three rough sleepers have either consistently declined offers of assistance with accommodation or refuse to engage.

 

The report recommends that the information contained in the report on Managing Homelessness in Public Space be received and that Council endorse the placement of signage in Judges Car Park as outlined in the report.

 

 

Background

Homelessness is a complex social issue that can be understood and defined in various ways.  The widely accepted cultural definition of homelessness includes people who do not have access to stable and conventional accommodation. People moving between temporary forms of shelter or refuges and people living in minimum standard accommodation without security of tenure are also considered within this understanding of homelessness.

Homelessness is caused by a range of circumstances that have a devastating social and economic impact on individuals, families and communities. Homelessness often isolates people from the family and friends that could ordinarily provide support. People who are homeless are often excluded from the social, recreational, cultural and economic life of our communities and often have limited access to the mainstream support services they require.

 

Homelessness in the Penrith Local Government Area 

Recently released 2016 Census Data indicates that homelessness in NSW has increased by 37% since 2011 and this has been confirmed at a local level with approximately 890 individuals counted across Penrith LGA as being homeless. These statistics take account of individuals experiencing primary, secondary and tertiary homelessness including people sleeping rough, staying in refuges, couch surfing, and residing in licenced boarding houses.

 

There has been a notable increase of people sleeping rough in the Penrith City Centre which has been evident in a small number of homelessness hotspots including Judges Place Car Park. People experiencing primary homelessness (which is often referred to as sleeping rough) will utilise public space and facilities due to limited options for accommodation and/or safe shelter.  Some rough sleepers might also decline to engage with services and further support.

 

Council Policy Context and State Legislation

Council has developed and implemented its own Protocol for Service Delivery to People Experiencing Homelessness based on the NSW Local Government Act. Council endorsed this policy in 2010 with the policy being reviewed in July 2018.  This Protocol ensures that all Council officers are supported in responding to and working with homeless people through an agreed process for customer service to homeless people. This Protocol has been developed within a Human Rights Framework to ensure that people who are homeless in public places are treated appropriately and that their rights are respected and is in line with NSW Protocol for Homeless People in Public Places that applies to all NSW Government Departments including the NSW Police.

 

The parameters of the Protocol are defined by the NSW Local Government Act (LG Act) and the Environmental Planning and Assessment Act (EPA Act).

 

Where homeless people are concerned, the following clauses are the most relevant:

 

·    Local Government Act, S124 (Giving of Orders)

·    Local Government Act, S125 (Abatement of public nuisances)

·    Local Government Act, S131 (Criteria to be considered before an Order is given)

·    Environmental Planning and Assessment Act, S121G (Orders that make or are likely to make residents homeless).

 

Due to the complex nature of issuing Orders, particularly in relation to homeless people, this Protocol obliges Council officers to consider the implications and practicalities of issuing Notices to homeless people, with particular consideration to S131 of the LG Act and S121G of the EPA Act. These sections require Council officers to consider the interests of homeless people before taking any action.

 

As part of this policy framework, Council officers are in regular contact with Homelessness Specialist Services and voluntary organisations to coordinate outreach service to people in crisis. The preferred approach is to increase people’s access to accommodation and other support services to help them exit and remain out of homelessness. 

 

In addition to the above-mentioned Protocol, in August 2017 Council also endorsed a Mobile Local Food and Homelessness Support Services Policy.  There are a number of volunteer services providing basic support services such as free food, clothing and information and referral to people who are homeless and/or disadvantaged across the City. Council recognises that these organisations provide a valuable service and in some instances Council provides public space for these organisations to utilise for service delivery. The premise of this policy is to encourage an integrated service delivery approach that encourages collaborative and safe service delivery.  The policy also covers the management of issues around amenity and relationships with the broader community including surrounding businesses.

 

Judges Place Car Park

Judges Place Carpark is a multilevel car parking facility with 450 car parking spaces that include all day parking in addition to 1 hour and 2-hour parking spaces on the ground floor.

Homelessness is particularly visible in this carpark as several people are sleeping rough and/or staying in this facility. The majority of this group are homeless however on occasions other individuals who have accommodation visit the car park for social interaction and companionship.

These few rough sleepers are located near the toilet facilities on the western end of the ground floor. The main entry gate of this facility is locked each evening by security contractors at 10pm who do a sweep of the area but do not ask people to exit this facility. 

It has been recently observed that up to 3 car park spaces and an adjoining area will often be occupied by people sleeping rough together with their belongings which presents a significant safety risk to the individuals and also the motorists and community using this facility. Also, important to note is that this situation effectively blocks the community’s access to up to 3 parking spaces that is being provided by Council.

 

Current Situation

There are a range of actions that Council has undertaken through various service delivery areas to respond to the issues occurring in Judges Place Car Park.

 

·    Community and Cultural Development (CCD)

This service has been the main contact point regarding homelessness issues for internal and external stakeholders. CCD regularly liaise with homelessness specialist services in relation to people who are homeless. Organisational policies are in place to support a best practice staff response to homelessness.  CCD also coordinates sector development/capacity building initiatives with funded and voluntary community services that work in the homelessness space. CCD recently implemented a communication strategy to inform businesses in the Penrith City Centre of actions taken by Council to maintain Judges Car Park to a presentable standard. CCD also regularly visits Judges Carpark with staff from support agencies to respond to and observe any changes in the current situation. CCD officers have also responded to a number of complaints over recent months from businesses as well as residents using Judges Car Park.

 

If these complaints involve anti-social or criminal behaviour Council officers advise the complainant to also contact the Penrith Police with their specific complaint including date and time of the incident.

 

·    Place Management

Judges Place Car Park and surrounding areas were declared an alcohol-free zone at Council’s Ordinary Meeting on 26 March 2018. This process is managed and monitored by Place Management who liaise with the Police and various other stakeholders to ensure the area is alcohol free and anti-social behaviour is minimised. This service also liaises with the Penrith City Centre Corporation and local businesses on the actions Council has taken to respond to the challenges in Judges Carpark.

 

·    City Presentation

On a daily basis Council staff clean and maintain Judges Carpark to ensure that it is presentable for users of the carpark. When required, a major clean-up occurs in the area around the toilet facilities including if required removal of graffiti and other items. City Presentation also manage the contract cleaners that maintain the toilets in this facility 3 times a day (6am, 11am, and 2pm)

 

·    Environmental Health/Rangers

Council Rangers provide support to other Council officers in managing the requirements pertaining to fire safety in car park stairwells and other public risk issues. 

 

Further Action

Council has a responsibility to manage the safety and wellbeing of all people utilising Judges Place Car Park and advice has been sought from Council’s Legal Services as to how Council might respond more effectively given the legislative and policy context. It is believed that additional signage in this facility will make it clearer what behaviour is acceptable recognising that the principal purpose of a car park is for the parking of motor vehicles. Ultimately this should provide Council staff with greater capacity to remove belongings, bedding and furniture and ask people to move from the car park where there is an obstruction to a Council service (e.g. carparking spaces) and/or where a person’s belongings cause a risk to public health and safety

 

Additional legal advice has been distributed to all Councillors on the relevant sections of the Local Government Act (1993) that Council must take into account when deciding on what constitutes public nuisance, and in what circumstances Council might issue an order, as well as the section of the Act that deals with signage and locations for the installation of signage.

 

Signage

Any signage to be erected must be succinct in addressing this situation in Judges Place Car Park and it is proposed that the following wording be utilised:

 

The use of this car park is for the parking of vehicles (including bicycles) only.

 

 

 

 

The following uses of this carpark are prohibited:

 

1.   Camping

2.   Overnight staying

3.   Any other temporary use as accommodation (day or night)

4.   The keeping or storage of personal belongings

 

It is important to ensure that all members of the community can understand the information featured on these signs and visual prompters will also be utilised alongside the wording to address a range of literacy levels.

 

Implementation of the Response

A number of Council services will continue to play a role in responding more effectively to the current situation in Judges Car Park.

 

Community and Cultural Development (CCD)

CCD will continue to work with community and homelessness specialist service providers to ensure homeless people have access to accommodation options and a range of support services.

 

All efforts will be made to ensure people have the opportunity to access community services that can help them to exit and remain out of homelessness. It is important that people are supported during times of crisis and are able to reach positive and sustainable solutions to the complex issues they are experiencing.

 

The CCD service will also continue to coordinate Council’s response to the Judges Car Park situation to ensure actions undertaken are holistic, consistent and integrated.

 

Environmental Health/Rangers

The Environmental Health Department Rangers will be monitoring and implementing the above outlined sections of the Act, particularly regarding removing belongings, bedding and furniture and asking people to move from the car park where there is an obstruction to a Council service (e.g. carparking spaces) and/or where a person’s belongings cause a threat to public health and safety

 

Council Rangers will be responsible for serving orders or issuing notices to people who are not observing the outlined requirements in utilising this facility. Orders or notices need to be served under the name of the individual causing the public nuisance or obstruction.

 

City Presentation

To assist with the removal of belongings, Council’s Werrington Depot is the designated storage area for impounded belongings. Processes will be in place to ensure if the person wishes to get their items back that they can reclaim them through contact with a nominated Council officer rather than directly collecting them at the Depot.

 

To minimise any potential safety hazards that may occur with use of electrical equipment in this facility, City Presentation will restrict the electrical supply available in this car park.

 

Homeless people do not generally have access to storage for their belongings. There is scope to investigate establishing locker storage within a local service organisation and access to this storage would be managed by that organisation which may alleviate some of the current issues Council is experiencing in Judges Place Car Park.

 

Discussions between Council officers and this organisation are continuing with final agreement still to be reached.

 

Place Management

The Place Management service will continue to monitor the alcohol-free zone that has been declared over Judges Car Park and surrounds.  The service will also continue to liaise with the Penrith City Centre Corporation on Council actions to respond to the challenge of homelessness in Judges Car Park including liaison with the Penrith Police as required.

 

Other Consultation

Consultation has also been undertaken with both the City of Paramatta and the City of Sydney regarding their response to similar issues and it appears that additional signage in this facility is likely to assist in providing Council staff with greater capacity to remove belongings, bedding and furniture and ask people to relocate where there is an obstruction to a Council service (e.g. carparking spaces) and/or where a person’s belongings cause a risk to public health and safety.

 

The Homeless Persons’ Legal Service also summarises a range of public space issues within their published community resource, ‘Guide to being homeless in public spaces’. This resource outlines the level of intervention Council officers are able to take if the belongings of homeless people and/or homeless people are blocking access to services and Council’s proposed approach is broadly aligned with the framework outlined by the Homeless Persons’ Legal Service. 

 

Involvement of community and homelessness specialist services

Council also provides space in Judges Place Car park for community and charitable organisations to deliver free meal and basic support services to people who are homeless and/or disadvantaged. These services include Christ Mission Possible (Mon, Wed, Fri 7.30am – 9.30am) and Orange Sky Laundry and Shower Bus (Wed mornings 7.30am – 9am).

 

In addition to the voluntary services operating in this space, Wentworth Community Housing and Platform Youth Accommodation Assertive Outreach Workers visit this space regularly to engage with people who are homeless or at risk of homelessness to provide specialised support through case management, information and/or referral.

 

It has been positive to note that several people have recently been housed by the above agencies. However further progress is slow for a range of reasons, including high demand for social housing, limited capacity of government and community agencies to work with chronically complex cases and sometimes people will refuse to engage with and work with services.

 

Council officers will liaise with homelessness specialist services and community services to inform them of the proposed approach outlined in this report and will ensure support is available to individuals that may be affected by this action and are willing to engage.

 

Conclusion

Homelessness has increased in Penrith and a small number of local homelessness hotspots have emerged, including Judges Place Carpark. People who are homeless are currently occupying three car parking spaces in this facility and a number of health and safety issues have arisen through this situation.

 

Council officers across various service delivery areas are working to address this situation, including liaison with homelessness specialist services, increased cleaning and maintenance of this space and the implementation of an alcohol-free zone in the car park and surrounds.

 

It is important that Council maintains a balanced perspective on the use of public space and address the obstruction of the car parking service through the provision of signage that will assist Council officers to further act on these current challenges. 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Managing Homelessness in Public Space be received.

2.    Council endorse the placement of signage in Judges Car Park as outlined in the report.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                       Page

 

5        Public Interest Disclosures Internal Reporting System Policy                                         31

 

6        Local Government NSW Annual Conference 2018                                                         34

 

 

 



Policy Review Committee Meeting                                                                 13 August 2018

 

 

 

5

Public Interest Disclosures Internal Reporting System Policy   

 

Compiled by:               Dawn  Comber, Governance and Council Support Officer

Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Be open and fair in our decisions and our dealings with people

Service Activity

Promote ethical behaviour and open and fair decision making

      

 

Executive Summary

The Public Interest Disclosure Act 1994, was enacted to ensure that there are protection measures from reprisal and ensure that disclosures are properly investigated and dealt with, for those public officials who disclose:

 

-     Corrupt conduct;

-     Maladministration;

-     Serious and substantial waste of public money;

-     Breach of the Government Information (Public Access) Act 2009

-     Local government pecuniary interest contravention; and

-     Other wrong doing

 

Public authorities are required to develop a policy for receiving, assessing and dealing with protected disclosures, as well as ensuring that public interest disclosures are reported to the NSW Ombudsman. Council previously reviewed and adopted an Internal Reporting System policy in 2011.

 

The NSW Ombudsman is provided with powers under the Public Interest Disclosures Act to promote public awareness and understanding of the Act, as well as monitor its operation. Whilst there have been no substantial amendments to the Act since 2012, as part of the Ombudsman’s responsibilities, they have provided an update to their model policy template on internal reporting systems.

 

In light of this and time passed since the last review, in addition to internal changes it is proposed to make a number of minor amendments to the policy to bring it into line with the recommendations made by the NSW Ombudsman. 

Background

The Public Interest Disclosures Act 1994 is designed to encourage and facilitate the disclosure of corrupt conduct, maladministration and serious and substantial waste in the public sector by enhancing and augmenting established procedures for making disclosures concerning such matters.

The purpose of the Public Interest Disclosures Act 1994 is also to protect persons from reprisals that might otherwise be perpetrated on them because of those disclosures, to ensure those disclosures are properly investigated and dealt with and that council is reporting against the legislation.

It is important to instil community and employee confidence in the governance of our council, and a comprehensive review and relaunch of this policy, in light of amendments made to the NSW Ombudsman model policy template on reporting systems is necessary.

 

Why do we need a policy like this, when we already have a code of conduct?

The application of the policy is different to that of Code of Conduct, e.g. it applies to councillors and committee members, council staff, but it also applies to volunteers, contractors and their employees who work for council. Further, this policy only provides protections in relation to corrupt conduct, maladministration, serious and substantial waste of public money, breaches of the Government Information (Public Access) Act 2009, pecuniary interest contravention, whereas the code of conduct applies to a greater gamut of behaviour.

Further, the proposed code of conduct, as issued by the Office of Local Government, provides reference to the making of a public interest disclosure, and where this is made the provisions of the Act, our internal reporting system policy and any guidelines set down by the NSW Ombudsman will apply.

It is further important to have a contemporary, up to date and relevant policy so should Council be audited as is a part of the remit of the Ombudsman, that we are in a strong position to demonstrate our compliance to the Act and our commitment to the workforce.

Consequential changes to the Policy as a result of changes to the NSW Ombudsman’s Model Internal Reporting System Policy

There have been few changes to the substance of the policy, though the layout and wording may have changed. However, we have noted the following changes:

-     The ombudsman suggests that all organisations provide a shared commitment to the Public Interest Disclosure Act and have therefore suggested changes to the organisational commitment section of the Policy.

-     Explicit reference to the scope of whom the policy applies, that is, councillors, staff, permanent, temporary or casual staff, contractors, employees of contractors (who provide staff to council, volunteers, and those who perform council official functions, has now been added to the model.

-     Provision for support to be made available for the subject person, where a complaint is unable to be substantiated. No changes to the legislation or regulation to support this have been made, but it is presumed that the Ombudsman has made this addition as a matter of good practice or procedural fairness.

-     Includes reference to the specific contact details of General Manager, Disclosures Co-ordinator and Disclosures Officers, which will ensure the reporter is easily able to identify the relevant contact, without undue worry.

-     Review date to be included within the policy.


Changes proposed to be made to the Policy specific to council

-     Acknowledging that making a public interest disclosure can be a stressful experience, Council proposes to expand the role of the Disclosure Officer, as an alternative to the Disclosure Co-ordinator in certain instances, where the level of comfort with a Disclosure Officer is established. This would allow the ‘reporter’ more choice, and ensure that the level of stress is not heightened. This does not offend the legislation, as the role of the Disclosures Co-ordinator is unchanged, and is simply a matter of access and comfortable communication.

-     Contact details for Council’s Employee Assistance Scheme are now included within the body of the policy, to ensure that employees are not searching around for another mechanism of support.

Training

The NSW Ombudsman’s Office have a statutory obligation to provide training on Public Interest Disclosures, and with a minimum of 10 people at a course, will conduct this on-premise, at no cost to the Council.

They offer two forms of courses, which they will customise to our Public Interest Disclosures Reporting System Policy:

-     Public Interest Disclosures general awareness information sessions – The NSW Ombudsman recommends that all staff attend such training, but at the very least, that Supervisors and Managers take up training to ensure that if an employee or member of the public comes to them, they are aware of the policy. This course runs for an hour.

-     Public Interest disclosures management training – these information sessions are targeted at nominated Disclosures Officer.

 

Council is also able to access E-learning modules, for those employees who are unavailable to attend on-premise training sessions, though it should be noted that the NSW Ombudsman do not collect data on who has completed such a course. It is intended that Council’s Governance team will facilitate training to appropriate staff across the organisation.

 

Consultation

The Public Interest Disclosures Internal Reporting System Policy has been reviewed and endorsed by the Corporate Leadership Team and also submitted to the Audit, Risk and Improvement Committee. No significant changes were required as a part of this consultation.

 

Conclusion

The Public Interest Disclosures Internal Reporting System Policy is recommended for adoption in line with the information provided in this report and the attached draft policy. Any minor changes to the policy as a result of feedback from Council tonight will be included in the policy.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Public Interest Disclosures Internal Reporting System Policy be received.

2.     Council adopt the updated Public Interest Disclosures Internal Reporting Systems Policy as outlined and attached to the report.

 

 

ATTACHMENTS/APPENDICES

1.

Public Interest Disclosures Internal Reporting System Policy

20 Pages

Attachments Included

  


Policy Review Committee Meeting                                                                 13 August 2018

 

 

 

6

Local Government NSW Annual Conference 2018   

 

Compiled by:               Madison Foster, Administration Officer 

Authorised by:            Adam Beggs, Governance Coordinator  

 

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 Albury Entertainment Centre, Albury from 21-23 October 2018.

 

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. This report provides councillors with a number of motions for consideration and one final opportunity to have motions adopted for submission.

 

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

Background

Local Government NSW (LGNSW) will hold its Annual Conference at the Albury Entertainment Centre, Albury from 21-23 October 2018.

 

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.

 

Council at its Ordinary Council Meeting on 23 July 2018 resolved:

That:

1.    The information contained in the report on Local Government NSW Annual Conference 2018 be received.

2.    Council nominate Councillors Robin Cook, Greg Davies, Kath Presdee, John Thain, Kevin Crameri OAM, Jim Aitken OAM, Ross Fowler OAM, Karen McKeown OAM, Tricia Hitchen and Marcus Cornish as its voting delegates to attend the 2018 LG NSW Conference to be held at the Albury Entertainment Centre, Albury from 21-23 October 2018.

3.    Council give consideration to the nomination of observers to attend the 2018 LGNSW Conference.

4.    Leave of absence be granted as appropriate for those councillors attending the conference.

5.    Council sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2018 Local Government NSW Conference.

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 23 September however with a strong preference for these to be submitted by 26 August to allow for the efficient production of the Conference papers.

 

Below are four motions request by Councillors at the 23 July 2018 Ordinary Meeting. Councillor Marcus Cornish requested Council develop a motion to increase the requirements for residential door widths within the Building Code of Australia. Councillor Kevin Crameri OAM has requested Council develop a motion to increase the height requirements for handrails within the Building Code of Australia and a motion for implementation of IPART recommendations for changes to the rating components of the NSW Local Government Act 1993. The Mayor, Councillor John Thain and Deputy Mayor, Councillor Tricia Hitchen requested a motion to be developed to amend the Boarding Houses division of the Affordable Rental Housing SEPP 2009 (the SEPP).

 

Motion

 

Subject:     Increasing the height requirements for handrails within the Building Code of Australia

That LGNSW seek an increase in the height requirements for handrails within the Building Code of Australia.

 

Motion Details:

The Building Code of Australia (BCA) is adopted in each state by the respective administrative provisions, in NSW it is through Section 80A(11) of the Environmental Planning and Assessment Act 1979 and Clause 98 of the Environmental Planning and Assessment Regulations 2000. The BCA is produced by the Australian Building Codes Board and provides nationally consistent, minimum necessary standards for safety in all buildings and for building components such as barriers and handrails. The minimum height for a balustrade on a balcony is 1m above the finished floor level. The requirements for handrails are different as they are required for stairs and not as a barrier on balconies. The minimum height for the top surface of a handrail is 865mm above the nosing of a stair tread.

 

Motion

 

Subject:     Implementation of IPART Recommendations for changes to the rating components of the NSW Local Government Act 1993

That LG NSW lobbies the NSW Government to implement the recommendations given to them by IPART in December 2016, after taking into consideration the submissions from councils in relation the Draft Report, for changes to the rating components of the Local Government Act 1993. Particular emphasis is drawn to the key Draft Recommendations of:

I.    Allowing the use of capital improved values

II.   Removing some exemptions from rates, particularly for land used for commercial activities and residential purposes

III.  Removing council’s requirement to subsidise pension rebates and the State Government fully fund a discount scheme that is indexed

IV.  Giving councils more options to set rates within rating categories and sub-categories

 

Motion Details:

In December 2015 the NSW Government directed the Independent Pricing and Regulatory Tribunal (IPART) to review the rating legislation component of the NSW Local Government Act 1993. In April 2016 IPART released an Issues Paper and called for submissions from councils and other stakeholders.

 

On 22 August 2016 IPART released its Draft Report to the NSW Government outlining its recommendations for changing the rating legislation. The Draft Report addressed some of the main concerns raised by councils, particularly in relation to the removal of some rate exemptions and removing council subsidised pensioner concessions. A final report to the Minister for Local Government was delivered by IPART in December 2016, however the exact contents of the Final Report were not made public and no further timeframe has been provided as to when any of the recommended changes will be implemented.

 

Penrith City Council is facing increased pressure from rural property owners to change the rates structure to reduce the amounts they pay due to sharp increases to land values for acreage properties in the Sydney Metropolitan area. These rates increases were recently exacerbated due to a new revaluation of land carried out in 2016 for the purposes of the now deferred Fire & Emergency Services Levy, after a general revaluation taking place a year earlier in 2015. A recent review of our rates structure did not find a fairer way for all of our ratepayers than the existing structure, under the existing rating components of the Local Government Act.

 

Penrith City Council as a high development council needs to ensure sustainable levels of rates income for newly developed strata properties, where a majority of development is currently taking place, by imposing a Minimum Rate structure, A Base Rate structure that would provide the rates relief the rural property owners are seeking, when used in conjunction with Unimproved Land Values would materially reduce rates income growth due to the estimated level of a Base Rate structure even at the maximum 50% level allowed, being less than our current minimum rate.

 

A fairer rate structure could result from the use of Capital Improved Values, as one of the recommendations of IPART, as this would even out the rate base by increasing levies for strata properties and reducing the burden for higher valued rural properties, but at the same time allowing councils to adequately receive the benefit of fair rates income growth. This would allow for the increased demand on infrastructure and services from new residents from these new developments, without existing residents having to subsidise the associated increased costs.

 

In Penrith’s submission to IPART in relation to their draft report, we did not support a move to Capital Improved Values, but favoured an allowance to sub-categorise strata properties, whilst continuing to use Unimproved Land Values. IPART’s recommendation was that councils could choose between either unimproved or improved land valuations, so seeking endorsement of the proposed motion will not alter Council’s stance but will still be favourable for other councils to endorse.

 

Also, the Local Government Act does not adequately allow councils to set fair and equitable rates for their council areas due to restrictive criteria for sub-categories, particularly for the Rural Residential sub-category where there are size and use restrictions. One of IPART’s recommendations was for councils to be able to set their own sub-category by communities of interest which would remove present restrictions and allow councils to effectively set their own criteria.

 

By putting forward a motion for the IPART recommendations to be implemented by the NSW State Government, after taking into consideration the submissions of councils in response to IPART’s draft recommendations, it is likely that changes to the Local Government Act rating components will provide councils with more flexibility to fairly levy rates.

 

Note

Whilst it is likely that other councils may put forward a similar Motion, it is recommended that Penrith City Council put forward this Motion for these changes to be implemented, to continue our advocacy on behalf all our ratepayers and particularly for our rural ratepayers for a fairer rating system.

 

Motion

 

Subject:     Boarding Houses division of the Affordable Rental Housing SEPP 2009 (the SEPP) be amended.

 

That LGNSW writes to the Minister for Planning and Environment requesting that the boarding houses division of the Affordable Rental Housing SEPP 2009 (the SEPP) be amended.

 

It is proposed that the amendments include:

·    Removal of allowance for boarding houses in low density residential areas.

·    Requirement for a social impact study to be submitted with boarding house applications.

·    Enabling councils to refuse development consent in certain circumstances, for example, when boarding houses are proposed in inappropriate locations without adequate access to services and jobs.

·    Removal of the words “not more than” from Division 3, clause 29 section 2.e.iii “in the case of any development - not more than 1 parking space is provided for each person employed in connection with the development and who is resident on site.”

·    A minimum percentage of affordable rental housing in boarding houses.

·    Objectives and actions for monitoring the effectiveness of boarding houses in contributing to the supply of affordable rental housing.

 

Motion Details:

Penrith City Council requests that LGNSW writes to the Minister for Planning and Environment requesting that the Boarding houses division of the Affordable Rental Housing SEPP 2009 (the SEPP) be amended to enable councils to refuse development consent in certain circumstances.

 

This is a concern when boarding houses are proposed in inappropriate locations, including areas where:

·    access to employment and services is limited despite public transport availability,

·    existing clusters and incompatible density of boarding houses create negative social impacts,

·    boarding houses are incompatible with the objectives of low density zones.

 

Additional concerns include the lack of requirement in the SEPP for employee parking. The SEPP states “not more than 1 parking space is provided” for each employee. Developers may decide to provide no employee parking. Given that employees may require a car and cannot use tenant parking spaces, it is inappropriate not to provide employee parking. However, the current rate could still apply to development carried out by or on behalf of a social housing provider in accessible areas.

 

It is also unclear whether boarding houses meet the professed aims of the SEPP. A report by Southern Sydney Regional Organisation of Councils and the City Futures Research Centre from 4 July 2018 determined that while there has been a boom in boarding house applications since 2009, the supply of affordable rental housing has not significantly increased. This suggests that the existing structure of the controls is ineffective in meeting the aims of the SEPP.

 

Motion

 

Subject:     Increasing minimum door widths from 820mm to 920mm within the Building Code of Australia

 

That Council develop a motion to increase minimum door widths from 820mm to 920mm within the Building Code of Australia.

 

Motion Details:

The Building Code of Australia (BCA) is adopted in each state by the respective administrative provisions, in NSW it is through Clause 98 of the Environmental Planning and Assessment Regulations 2000. The BCA is produced by the Australian Building Codes Board and provides nationally consistent, minimum necessary standards for safety and access in all buildings. The unobstructed width in a Class 2-9 building is 850mm, this means the minimum door width is 920mm. There is no minimum width requirement for doorways in a Class 1 building. A minimum door width in for Class 1 buildings in Volume 1 of the BCA consistent with that for Class 2-9 buildings would standardise the requirements for all doors and assist in making all buildings more accessible.

 

The proposal to impose a minimum unobstructed door width in Class 1 buildings would provide a minimum requirement for the BCA and provide fair and equitable access for all residents of these buildings.

 

 

 

 

Conclusion

Council has been successful in influencing State Association policy through its involvement in past Conferences. The Delivery Program for 2017-21 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 2018 be received.

2.    The Motions detailed in the report be submitted for inclusion in the 2018 Local Government NSW Annual Conference Business Paper.

 

 

ATTACHMENTS/APPENDICES

1.

Draft Conference Program

4 Pages

Appendix

  


Policy Review Committee Meeting                                                                               13 August 2018

Appendix 1 - Draft Conference Program

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 13 August 2018

Report Title:            Public Interest Disclosures Internal Reporting System Policy

Attachments:           Public Interest Disclosures Internal Reporting System Policy



Policy Review Committee Meeting                                                                               13 August 2018

Attachment 1 - Public Interest Disclosures Internal Reporting System Policy

 

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