Agenda of Policy Review Committee Meeting

UNCONFIRMED MINUTES

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

ON MONDAY 13 AUGUST 2018 AT 7:00PM

PRESENT

His Worship the Mayor, Councillor John Thain, and Councillors Jim Aitken OAM, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Aaron Duke, Ross Fowler OAM and Kath Presdee.

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Karen McKeown OAM for the period 6 August 2018 to 19 August 2018 inclusive.

PRC31 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Kath Presdee that Leave of Absence be granted to Councillor Tricia Hitchen for the period 8 August 2018 to 18 August 2018 inclusive and Leave of Absence be granted to Councillor Mark Davies for the period 13 August 2018 to 7 September 2018 inclusive.

APOLOGIES

PRC32 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Kath Presdee that apologies be accepted for Councillor Bernard Bratusa.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 9 July 2018

PRC33 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM that the minutes of the Policy Review Committee Meeting of 9 July 2018 be confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

DELIVERY PROGRAM REPORTS

Outcome 6 - We are healthy and share strong community spirit

4 Managing Homelessness in Public Space

PRC34 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Aaron Duke

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.

Outcome 2 - We plan for our future growth

1 Housekeeping Amendment to Penrith Local Environmental Plan 2010

PRC35 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney

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.

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

For	Against
Councillor John Thain
Councillor Kath Presdee
Councillor Kevin Crameri OAM
Councillor Greg Davies
Councillor Ross Fowler OAM
Councillor Jim Aitken OAM
Councillor Marcus Cornish
Councillor Aaron Duke
Councillor Todd Carney
Councillor Brian Cartwright
Councillor Robin Cook

2 Planning Proposal for 88-89 Nepean Gorge, Mulgoa

PRC36 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

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.

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

For	Against
Councillor John Thain
Councillor Kath Presdee
Councillor Kevin Crameri OAM
Councillor Greg Davies
Councillor Ross Fowler OAM
Councillor Jim Aitken OAM
Councillor Marcus Cornish
Councillor Aaron Duke
Councillor Todd Carney
Councillor Brian Cartwright
Councillor Robin Cook

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

PRC37 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Aaron Duke

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.

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

For	Against
Councillor John Thain	Councillor Marcus Cornish
Councillor Kath Presdee
Councillor Kevin Crameri OAM
Councillor Greg Davies
Councillor Ross Fowler OAM
Councillor Jim Aitken OAM
Councillor Aaron Duke
Councillor Todd Carney
Councillor Brian Cartwright
Councillor Robin Cook

Outcome 7 - We have confidence in our Council

5 Public Interest Disclosures Internal Reporting System Policy

PRC38 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Robin Cook

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.

6 Local Government NSW Annual Conference 2018

PRC39 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Kevin Crameri OAM

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.

There being no further business the Chairperson declared the meeting closed the time being 7:32pm.

Policy Review Committee Meeting 3 September 2018

Glenmore Park Stage 3 Planning Proposal (Accelerated Housing Delivery Program site)

Compiled by: Matthew Rose, Senior Planner

Carlie Ryan, Principal 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: Mirvac Homes (NSW) Pty Ltd

Landowners: Various – sent to Council via memo

Executive Summary

Council is in receipt of a Planning Proposal to amend the Penrith Local Environmental Plan (LEP) 2010. The Planning Proposal relates to a 214-hectare site known as “Glenmore Park Stage 3”, immediately south of the established residential suburb of Glenmore Park. This site was also identified by Council through its recent Accelerated Housing Delivery Program. The purpose of this report is to seek Council’s endorsement to amend the LEP and commence the NSW Department of Planning and Environment’s (DPE) Gateway process for land at Glenmore Park Stage 3.

The Planning Proposal (Planning Proposal for the Extension of Glenmore Park – enclosed separately for Council’s information and on Council’s website) seeks to amend the current rural and rural-residential planning controls applying to Glenmore Park Stage 3 to facilitate the residential development of the site and seeks a suite of new planning controls including land use zones and development standards for lot sizes and building heights.

The amendment of the LEP will enable the development of approximately 3,200 residential lots varying in size, with 3% of new homes provided as affordable housing. The development will also include a network of public open space, a new neighbourhood centre providing space for higher-density mixed use developments, a primary school, supermarket-based shopping centre, and community facilities.

Council staff have been in ongoing discussions with the proponents and relevant agencies to achieve an innovative and appropriate outcome for the site. As a result, it is considered that the Planning Proposal has demonstrated sufficient merit and it is recommended that the Planning Proposal be endorsed and submitted to the DPE for a Gateway Determination.

The submission of the Planning Proposal to DPE under the Gateway process will allow Council to undertake community and agency consultation on the Planning Proposal, consider submissions received in response to such an exhibition, and determine whether or not to proceed with the planning proposal and amend the current planning controls.

Should Council receive a Gateway Determination to exhibit the Planning Proposal, this report also recommends that a development control plan and arrangements for development contributions be prepared and exhibited concurrently with the Planning Proposal.

Background

In November 2017, Council considered a report on the Accelerated Housing Delivery Program which investigated potential sites to supplement Penrith’s currently planned and established residential areas. One of the sites shortlisted included Glenmore Park Stage 3 as it presents a logical extension to the existing urban area and can be easily serviced. This Program was to ensure continued housing supply while undertaking a comprehensive review through the Local Housing Strategy.

Council officers subsequently undertook extensive consultation with the proponents of Glenmore Park Stage 3 and relevant government agencies to facilitate lodgement of a Planning Proposal. On 28 May 2018, Council received a Planning Proposal from Mirvac which seeks to amend the planning controls prescribed by Penrith Local Environmental Plan 2010 (LEP) for a 214-hectare site on the north west corner of The Northern Road and Chain-O-Ponds Road, Mulgoa.

The site is currently zoned RU2 Rural Landscape and E3 Environmental Management under the LEP. It consists of 22 lots used for rural or rural-residential uses. It is understood Mirvac/Vianello land holdings control approximately 70% of these holdings. A location map identifying the area is provided at Appendix 1. Details of the affected land parcels for the area are presented in Appendix 2.

The Planning Proposal

The Planning Proposal will provide approximately 3,200 residential lots allowing for a mix of lot sizes from executive living (1,000m²) to traditional detached residential lots (450-700m²). Some medium density development is also proposed along with higher density in the neighbourhood centre. The provision of affordable housing and community facilities is proposed and will be developed with the proponent during the Gateway Process and ahead of exhibiting the proposal. Appendix 3 provides a concept plan for the proposed development.

The Planning Proposal seeks to introduce appropriate zonings for the development of the land for residential, open space, education and retail offering including R1 General Residential, B2 Local Centre, E2 Environmental Management and RE1 Public Recreation zones. These zones are typically applied to existing urban areas and are considered appropriate to deliver:

· Open spaces linkages looping through the site to connect to the Mulgoa Nature Reserve in the west and the existing suburb of Glenmore Park in the north.

· 5 playing fields positioned to serve walkable neighbourhoods and local parks within 400m walking distance of all residents adjacent to the central green spine.

· A new neighbourhood centre that includes a primary school site, a retail centre, playgrounds and sports grounds.

· Collector Road connections from the existing Glenmore Park to the planned intersection with The Northern Road and to link with Chain-O-Ponds Road.

The Planning Proposal also seeks to:

· Apply a control capping the maximum number of residential lots at 3,200.

· Introduce height controls for new development including restricting the height of dwellings to protect important view lines

· Delete the application of Minimum Lot Size (for subdivision) Map and set a range of new minimum lot sizes in a site-specific planning control.

· Refine the Natural Resources Sensitive Land Map to align with the vegetation proposed to be retained and remove the site from the Scenic Character and Landscape Values Map.

· Add the site to the Urban Release Area Map, requiring satisfactory arrangements for State public infrastructure to be in place before the subdivision of the site occurs.

· Include standalone residential flat buildings as a permitted use in the neighbourhood centre (as opposed to shop-top apartments).

· Include a sales and marketing suite as a temporary use in the central area of public open space.

· Exclude planning controls relating to the Mulgoa Valley from part of the site given its urban nature.

The Planning Proposal is supported by a suite of technical studies examining the capability of the site including potential constraints. These address matters such as biodiversity, bushfire, noise (from The Northern Road), scenic and landscape values, stormwater, traffic, and economic and social considerations.

Key considerations

Strategic planning alignment with infrastructure

The Planning Proposal is considered to align with the strategic directions set in the Greater Sydney Region Plan, A Metropolis of Three Cities, and the Western City District Plan (District Plan) as it will:

· provide homes within a 30-minute journey to the public transport, jobs, shops and services in Penrith City Centre.

· increase housing supply with more diverse and affordable homes.

· include facilities, services and infrastructure to meet the needs of the community, including a new school, community facilities and new areas of open space and walkable access to a mixed-use neighbourhood centre.

Glenmore Park Stage 3 is located within Greater Penrith to Eastern Creek Growth Area under the District Plan, this proposal provides an early opportunity to develop an area adjacent to an existing urban area and take advantage of committed infrastructure that links existing urban areas and major infrastructure, such as the Western Sydney Airport. The Planning Proposal has undertaken the initial investigations to show that the site is suitable for development and can be serviced with state and local infrastructure.

Minimum lot size and building height

Minimum lot sizes are proposed to achieve key environmental and planning outcomes relating to bushfire hazard adjacent to Mulgoa Nature Reserve and riparian corridors, as well as to provide a transition to the rural residential land to the south. These will be identified within the LEP. Outside of these areas no minimum lot size is proposed as this will be managed through a cap of 3,200 residential lots. The cap itself will require a broad range of lot sizes in the remaining areas which can best be determined when final bulk earthworks levels are established, and final slopes identified at the masterplan/DA stage. This approach ensures Council’s objective of having a range of lot sizes for the release area will be met. The specific area nominated for medium density and smaller lot product will explicit in the Development Control Plan to ensure they are only provided where appropriate.

The proposed building heights have been set to generally allow for two storey development in the R1 zone. The exception to this is the area identified from the view analysis which should be set lower at 5m (i.e. single storey dwellings) to keep the views of the landscape backdrop. A separate clause in the LEP will enable heights to exceed those shown on the height map, but only where the slope of the land exceeds 1 in 8. This clause is similar to that already applying in Glenmore Park Stage 2.

On the proposed B2 Mixed Use Zone, the height is proposed to be 15m to accommodate the retail offering and lower scale residential flat buildings if required. The Development Control Plan will provide further detailed controls in relation to this area.

Traffic and transport

The proponent has undertaken a Stage 1 traffic and transport study in order to identify the key issues and opportunities of the site and to assist the scoping of detailed traffic modelling required for the Stage 2 traffic and transport assessment to support the Planning Proposal. Council, Transport for NSW (TfNSW) and Roads and Maritime Services (RMS) have agreed that the Stage 2 assessment is to be conducted post-Gateway determination but to be finalised prior to exhibition of the Planning Proposal.

To facilitate the preparation of the Stage 2 traffic and transport assessment and associated traffic modelling a multi-agency steering group will be convened, including members of TfNSW, Council, RMS and the proponent.

Proposed retail centre

The Planning Proposal includes a technical report confirming that 3,200 residential lots would warrant a retail offering. The Planning Proposal and accompanying technical report demonstrates that the best location for this offering is not in the middle of the neighbourhood but co-located with a school and major play fields. A suitable parcel of land to accommodate the use and future housing has been nominated adjacent to the main entry to the release area from The Northern Road. The location maximises the viability of the retail offering for the incoming community and also minimises the impacts of traffic and service vehicles to the broader residential area.

The Retail Assessment prepared by the proponent was peer reviewed. This peer review confirmed the following:

· There is sufficient population growth to support the proposed centre, including a full line supermarket (3,500-4,000m²) without a detrimental impact on existing shopping centres.

· The impact on other centres is not large enough to cause concern – they can recover with anticipated population growth.

· The proposed centre will service the accelerated housing site.

· The proposed location on The Northern Road will improve the trading strength of the centre with passing trade.

The Planning Proposal and masterplan includes a collector road through the site with provision of a bus route to ensure it is located within 400m of all residents which will improve walkability and accessibility across the rezoning. Furthermore, the local centre site is proposed at the main entry into the site through which most traffic will pass.

Scenic and Landscape Character

Council’s Landscape Character Strategy (2006) and current LEP mapping shows parts of the land as having scenic and landscape values. In addition, Council has had long held planning objectives for The Northern Road that date back to the mid-1980s and prior to the release of land for Glenmore Park. These objectives include the:

· preservation of the attractive rural approach along The Northern Road as an important entry to Penrith (a rural gateway); and

· conservation of the open, semi-rural environment that provides a high visual amenity in the locality.

The scenic quality and amenity of the subject site is predominately as a result of the raised hillside landform either side of the Nepean River which provides a backdrop to the site when viewed from select locations along Chain O Ponds Road and The Northern Road.

Council officers have worked with the proponents to address the scenic quality of the site including greater consideration of the setbacks proposed in the original master plan, focusing on those parts along the frontage which could benefit from a greater setback. The Planning Proposal will incorporate larger residential lots with greater setbacks as a transition to rural residential lots to the south. To the west of the site adjacent to Mulgoa Nature Reserve and adjacent to the riparian corridors maintained within the site will be larger lots (approximately 1000m²) which will act as a transition zone with setbacks of at least 9m to deal with bushfire hazard. Larger setbacks along The Northern Road have also been provided.

Part of the site was previously identified as Metropolitan Rural Area; however it is also identified within the Greater Penrith to Eastern Creek Growth Area under the District Plan. In this regard, there needs to be a balanced view of growth, infrastructure delivery and visual amenity.

The visual analysis presented in the Planning Proposal outlines views to or from the area, together with the necessary appropriate development and planning controls to mitigate any visual impacts. Overall, most of the site has either low to medium visual sensitivity and that any prevailing characteristics and views of the site can be managed through appropriate development controls for the site. A Development Control Plan (DCP) will be reported to Council and exhibited concurrently with the Planning Proposal. A topographic map of the site is provided at Appendix 4.

Open space and riparian corridors

The Planning Proposal contains open space linkages looping through the site to connect to the Mulgoa Nature Reserve in the west and the existing suburb of Glenmore Park in the north. The linkages follow and connect riparian corridors and new open space areas, providing a green spine through the release area.

The Planning Proposal includes a total of 13.00ha of active open space, slightly more than the standard requirement of 12.60ha. Five playing fields will be provided on site, positioned to serve walkable neighbourhoods and local parks within 400m walking distance of all residents adjacent to the central green spine. Three of the playing fields are proposed to be located on the eastern side of the site along The Northern Road and co-located with the school and retail centre.

The master plan is proposing a total of 13.90ha of passive open space, slightly less that the standard requires at 14.76ha. It is considered that this shortfall (0.86ha) can be met through the surplus active open space in addition to the passive open space surrounding basins and riparian corridors. It is considered that the proposed provision of total open space is adequate to meet the needs of the future community on the site.

Natural Resources Sensitive Land

As a result of various technical studies provided as part of this Planning Proposal, it is proposed to amend the Natural Resources Sensitive map to align the extents of mapped land to accurately reflect ground-truthing extent of existing native vegetation to be preserved on site. To ensure appropriate outcomes for biodiversity and bushfire management, there will be a transition from larger to smaller lots.

Additional Permitted Uses

Specifically, the Planning Proposal also seeks amendment to Schedule 1 Additional Permitted Uses to enable:

· a temporary sales and marketing suite to be located on RE1 Public Recreation land with consideration to be dedicated to council for uses as a community facility or amenities for the co-located open space.

· Residential flat buildings on land zoned for B2 Local Centre recognising that the final size of the retail centre will be subject to further assessment as the release area develops which may enable additional residue land in a highly accessible location to be developed for residential flat buildings.

Proposed LEP amendments

The Planning Proposal seeks to amend the LEP in respect to the rezoning area. The table at Appendix 5 outlines the specific changes sought. A summary of the current and proposed LEP maps are provided within the Planning Proposal at Appendix 1. 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.

Development Control Plan (DCP)

A site-specific DCP will be created for the site to support the Planning Proposal and will include site specific development controls. The DCP will reflect the proposed development and the changes sought to the LEP. The DCP will take important themes and issues identified in the studies supporting the Planning Proposal and embed them with appropriate development controls. The following provides a likely structure for the DCP with the broad approach for dealing with themes and issues:

- Urban Structure – to outline the main elements of the urban structure and the way the planning and land use has responded to the natural features of the land.

- Residential Lot Yield - to manage yield relating the 3,200 residential lots under the LEP.

- Dwelling Diversity – to support a range of housing options. Maps will reinforce where these will be proposed across the site together with principles underpinning their location.

- Bushfire Hazard and Management – to outline the retention and regeneration of riparian corridors and open space areas. The DCP will set road widths and setbacks to meet the Planning for Bushfire Guidelines.

- Water Management – to outline the requirement for a combination of dry and wet basins to treat and detain water.

- Trees, Landscape Character and Preservation of View Shed - will identify tree retention and preservation, as well as street tree planting adjacent to The Northern Road to screen or enable the preservation of substantial views.

- Access and Movement - will highlight the access and movement hierarchy and provide cross sections for different road hierarchies and cycleway routes.

- Acoustic Environment - will address the acoustic environment including potential incorporation of noise attention upgrades in the design of dwellings in proximity to The Northern Road.

- Open Space - will highlight the location and function of open space within the site and for regeneration as riparian or other environmental management purposes.

- Local Centre Precinct - will provide detailed planning and staging requirements for the B2 Local Centre.

- Subdivision - will address the more detailed subdivision controls including preferred block dimensions and lot size and shape for the different areas within the site.

A further report will be presented to Council post Gateway Determination seeking endorsement to exhibit the Development Control Plan with the contributions plan concurrently with the Planning Proposal.

Developer contributions

The proponents intend to prepare a contributions plan in conjunction with Council once a Gateway Determination has been issued. It is expected that the contributions plan will incorporate the following elements:

· Dedication and embellishment of local open space

· Upgrade of local roads and intersections outside the rezoning area

· Delivery of key collector roads and other related traffic infrastructure within the rezoning area

· Monetary contributions towards district/regional active open space

· Monetary contributions towards a community facility (unless delivered through works-in-kind)

It is envisaged that the following items will be delivered as part of general subdivision works:

· Dedication and embellishment of detention basins and water quality devices

· Construction and dedication of local roads within the rezoning area.

The proponents anticipate to ultimately enter into a Voluntary Planning Agreement (VPA) with Council to deliver their proportion under the contributions plan. The proponents have provided a letter of intent to Council that confirms its intention to negotiate and execute a VPA with Council relating to their landholdings within the rezoning area. This would provide certainty for the delivery of works within the proponent’s control and confidence that the precinct will be developed in an orderly manner. It is anticipated that further discussion will be progressed regarding a VPA prior to finalising the rezoning of the land.

It is anticipated that the proponents will enter into a VPA with State Government to provide appropriate contributions towards State Infrastructure. It is envisaged that State contributions via a VPA will be required to address matters including education - the provision of a primary school, regional road and intersection upgrades as well as public transport.

It is anticipated that discussion will be progressed regarding a VPA following issuing of a Gateway Determination. Confirmation of this approach will be received from the State post-Gateway.

Next steps

Should Council endorse the proposed amendments, the submitted Planning Proposal will be amended in accordance with the changes outlined in this report and submitted to DPE with a request for a Gateway Determination to proceed to public exhibition including further agency consultation.

As part of Council’s Gateway Determination request, delegation will be sought from DPE for the General Manager to update and finalise the Planning Proposal for the making of the LEP amendment. Upon receipt of the Gateway Determination the DCP and contributions plan will be prepared and reported to Council to be exhibited with the Planning Proposal.

Conclusion

As part of continuing housing supply, Council resolved to undertake an Accelerated Housing Delivery Program where two sites were selected. Council is now in receipt of a Planning Proposal for Glenmore Park Stage 3 being one of the sites which seeks changes to planning controls to facilitate residential development of approximately 3,200 residential lots. The development will also include a network of public open space, a new neighbourhood centre providing space for higher-density mixed use developments, a primary school, supermarket-based shopping centre, and community facilities.

Council officers have completed an assessment of the proposal and the justification and strategic merit of for the proposed changes is generally supported. There is sufficient information to commence the Gateway Process.

It is recommended that the Planning Proposal to amend the Penrith LEP 2010 be forwarded to DPE to commence the Gateway Process. A further report will be presented to Council seeking endorsement to publicly exhibit a development control plan and development contributions arrangement concurrently with the Planning Proposal.

RECOMMENDATION

That:

1. The information contained in the report on Glenmore Park Stage 3 Planning Proposal (Accelerated Housing Delivery Program site) be received

2. Council endorse the Planning Proposal provided under separate cover and tabled tonight.

3. Council officers forward the Planning Proposal to the Minister for Planning with a request to issue a Gateway Determination. The submission will include a request to issue Council with Delegation for plan making authority.

4. The General Manager be granted delegation to make any necessary changes to the Planning Proposal:

a. prior to Council's submission of the Planning Proposal to the Minister for Planning.

b. as a result of negotiated changes sought by DPE in the lead up to the Gateway Determination.

c. prior to public exhibition in response to the conditions of the Gateway Determination or negotiations with public authorities or other stakeholders.

ATTACHMENTS/APPENDICES

1. ⇩	Location map	1 Page	Appendix
2. ⇩	Affected land parcels	1 Page	Appendix
3. ⇩	Structure Plan	1 Page	Appendix
4. ⇩	Site topography including ridgelines	1 Page	Appendix
5. ⇩	Summary of LEP amendments	1 Page	Appendix

Policy Review Committee Meeting 3 September 2018

Penrith CBD Corporation - Annual Report 2017-2018 and Business Plan 2018-2019

Compiled by: Rebekah Elliott, City Engagement Officer

Authorised by: Kylie Powell, Executive Manager - City Economy & Planning

Outcome	We have safe, vibrant places
Strategy	Help make our major centres and important community places safe and attractive
Service Activity	Support the revitalisation of Penrith City Centre, St Marys Town Centre and other key centres in the City

Presenters: Gai Hawthorn, Manager, Penrith CBD Corporation – Penrith CBD Corporation 2017-2018 Performance; and

Barclay Judge, Vice President and Treasurer, Penrith CBD Corporation – Penrith CBD Business Plan 2018-2019

Executive Summary

The Penrith CBD Corporation has submitted their Annual Report and Audited Financial Statements for 2017-2018 and their proposed Business Plan for the remainder of 2018-2019 for Council’s consideration. This report describes the features and provides commentary on the documentation submitted. The annual Business Plan is considered to support the interests of all stakeholders in the Penrith City Centre.

Attached to this report is the is the Annual Report and Audited Financial Statement for 2017-2018 and the proposed Business Plan for 2018-2019.

This report recommends that Council receive the information on the Annual Report and Audited Financial Statement for 2017-2018 and endorse the proposed Business Plan for 2018-2019.

Background

Penrith City Council works with the St Marys Town Centre Corporation and the Penrith CBD Corporation to jointly manage the centres to support their ongoing vitality and viability. Council collects rates from non-residential properties in the city centre and returns these to the Corporations. In 2018-2019, $420,172.00 will be paid to the Penrith CBD Corporation to undertake the proposed activities as outlined in their Business Plan 2018-2019. Council provides a guiding structure for their activities that acknowledges and respects the transparent management of public funds whilst enabling responsive decision making. Council and the Corporations have a Deed of Agreement that requires the Corporations to develop a Triennial Business Plan to articulate their direction with an annual report to Council on progress. A formal, independent review of the performance of the corporation in achieving their business plans will be undertaken in this financial.

On the 9 October 2017 at the Policy and Review Committee, Council endorsed the Penrith CBD Corporation’s Triennial Business Plan 2016-2019. The activities described in the Triennial Business Plan are consistent with the needs of the Penrith CBD Corporation to continue to build their profile with the local businesses and explore opportunities to promote the Penrith City Centre to local residents, visitors and potential new business operators and property investors.

The Triennial Business Plan involves six pillars of governance to support their management and improve reportable outcomes. The Corporation’s six pillars are:

1. Vibrant City Centre

2. Strong respected brand

3. Engaged business owners

4. Engaged property owners

5. Stakeholder engagement

6. Effective governance

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

Annual Report and Audited Financial Statement 2017-2018

The Corporation has prepared an annual report on their activities during the 2017-2018 financial year. The report provides an overview of the initiatives and events held during the year from the Penrith Festival, bi-monthly newsletters through to more day to day activities supporting businesses with marketing and building networks.

Notable, the Corporation has actively worked with Council and construction contractors to ensure that businesses are given timely advice about construction activity on High Street. Maintaining a consistent and positive response to works, to ‘talk up’ the city centre has been an important support to the viability of small business during the construction works.

The Annual Report and Audited Financial Statement 2017-2018 is attached to this report for Council’s consideration (Attachment 1).

Financial Services Manager Comment

Penrith CBD Corporation operates under a Deed of Agreement that secured ongoing funding for a term of 3 years and is subject to mutually agreed performance outcomes.

The Corporation was required to prepare a draft Triennial Business Plan, including an annual plan which outlines their key activities and strategic directions for the period. Following endorsement of the Triennial Plan, the annual Business Plan is presented to Council for endorsement which then triggers the payment of funds by the Council. A payment of $420,172 will be made in 2018-19 to the Corporation, which excludes 3% of CBD rates income that has been retained by Council as per the agreement.

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

The Penrith CBD Corporation seems to be in a sound financial position. There has been an increase in Assets over the financial year ($73,215 in 2018, $58,004 in 2017) and an increase in the Corporations Equity position ($27,030 in 2018, $16,742 in 2017). There has also been an increase in Revenue of $82,742 between financial years, offset by an increase in Expenditure of $89,186.

Business Plan 2018-2019

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

The CBD Corporation have committed to an activation program during the next 12 months that focuses on positive opportunities for businesses and the community in the Penrith City Centre. They will continue the implementation of the Discover Penrith CBD initiative and working to promote the dining opportunities in the city centre.

The Business Plan for 2018-2019 has identified that the Corporation want to actively work with businesses that may be considering Penrith City Centre as a desirable location, whilst still supporting those that have already chosen to invest in property or businesses in the centre.

The presentation from the CBD Corporation that accompanies this report will go into further detail on proposed activity for 2018-2019. A summary of the Corporation’s Annual Business Plan is attached to this report for Council’s consideration (Attachment 2).

Conclusion

The Penrith CBD Corporation has submitted its Annual Report and Audited Financial Statements on highlights from 2017-18 and a Business Plan for the remainder of 2018-19 for Council’s consideration.

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

RECOMMENDATION

That:

1. The information contained in the report on Penrith CBD Corporation - Annual Report 2017-2018 and Business Plan 2018-2019 be received.

2. Council receive information on the Annual Report and Audited Financial Statement for 2017-2018 of the Penrith CBD Corporation.

3. Council endorse the Penrith CBD Corporation’s Annual Business Plan 2018-2019.

ATTACHMENTS/APPENDICES

1. ⇩	Annual Report 2017-2018	35 Pages	Attachments Included
2. ⇩	Business Plan 2018-19	17 Pages	Attachments Included
3. ⇩	Audited Financial Statement 2017-18	19 Pages	Attachments Included

Policy Review Committee Meeting 3 September 2018

Revised Business Ethics Statement

Compiled by: Dawn Comber, Governance and Council Support Officer

Adam Beggs, Governance Coordinator

Authorised by: Glenn McCarthy, Governance Manager

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

Council currently has a Statement of Business Ethics, which is available both on our website, and as part of current supplier documentation. It has been a number of years, since this Statement has been reviewed, it is timely that the Statement is now updated. A summary of the key updates are provided below:

- providing a better outline of our expectations to our providers

- asking our providers to declare in writing any conflict of interest

- New clause on sponsorship

- New clause on secondary employment

- New clause on communication between parties

- New clause on discrimination and harassment

The changes made contemporise the statement and more accurately reflect our Code of Conduct.

Background

A Statement of Business Ethics is an external facing document that aligns with Council’s Code of Conduct. It formally conveys to external providers Council’s commitment to operating ethically. It establishes the mutual expectations of both parties, particularly in the initial stages of a business relationship.

It is important to have a Statement that provides clarity to our external stakeholders, as there is serious potential for reputational risk to Council if these parties fail to comply with or don’t understand our expectations and ultimately that of the community.

The Office of Local Government (OLG) and the Independent Commission Against Corruption (ICAC) encourages the formulation and development of Business Ethics Statements as a matter of good practice and while Council has had a Statement for many years, it is timely to contemporise the document.

Changes to the Statement of Business Ethics

Council staff have reviewed several statements from within the local government industry along with best practice information to formulate this Statement. As a result, there have been a number of changes to the Statement of Business Ethics. The changes don’t significantly change the intent of the existing business ethics statement we have had for many years. The changes are outlined below:

· Our obligations – we have noted specifically that we shall never solicit gifts or benefits and that Penrith Council Staff will act in a manner that is intended to increase public confidence.

· Provider Obligations – We have now included reference to:

o Respecting Council’s rights to adhere to the code of conduct

o Noting that providers must comply with relevant laws

o Noting obligations to protect workers safety

o Highlighting the inappropriateness of providing gifts

o Self declaration whether they have been convicted of fraud, filed for bankruptcy or been put into administration or had corruption findings made against them.

o Asking suppliers to refrain from making comments to the media

o Asking suppliers to act in an environmentally responsible way

· Conflict of interest – we have now made it more explicit that conflicts of interest should be declared in writing.

· Sponsorship – we note that we should not seek or accept sponsorship from organisations that would seek to compromise council values, or our regulatory or compliance functions.

· Secondary Employment and Discrimination and Harassment – new clauses that are reflective of the Council’s Code of Conduct.

· Communication between the Parties – New Clause that notes that all communication should be clear and transparent.

Communication of this Statement

All current service providers shall be advised of the update to this Business Statement, and a brochure is to be developed and available to all providers. Further, this document shall be available on our website to all those who seek to, or are doing business with Penrith City Council. This document will be available, on request, in a number of different languages, as is best practice, and recommended in ICAC’s ‘Communicating Anti-Corruption Messages in Community Languages’.

Consultation

The Statement of Business Ethics has been reviewed and endorsed by the Audit, Risk and Improvement Committee. No significant changes were required as a part of this consultation.

Conclusion

The Statement of Business Ethics is recommended for adoption in line with the information provided in this report and the attached draft Statement. Any minor changes to the Statement as a result of feedback from Council tonight will be included in the policy.

RECOMMENDATION

That:

1. The information contained in the report on Revised Business Ethics Statement be received

2. Council adopt the updated Statement of Business Ethics Statement as outlined and attached to the report.

ATTACHMENTS/APPENDICES

1. ⇩

Draft Business Ethics Statement

5 Pages

Appendix

Policy Review Committee Meeting 3 September 2018

Appendix 1 - Draft Business Ethics Statement

Business Ethics Statement

Penrith City Council works with private, public and non-profit sectors to provide a range of services to the community. Accordingly, organisations, service providers, small businesses and individuals can expect high standards of ethical behaviour from Councillors and employees, likewise we expect high standards of behaviour from all firms and individuals that do business with us. We are committed to conducting business in a sound commercial, appropriate and ethical manner.

This statement outlines ethical standards and expectations that goods and services providers, contractors and applicants (for Development Applications) are to comply with when they deal with Council.

It also outlines what can be expected of Council Employees, Councillors and Delegates of Council (a person, other than a councillor or member of staff of a council, to whom a function of the council is delegated) and the need for them to observe a high standard of ethical behaviour standards and procedures. These ethical standards are an integral part of sound commercial practice and ensure that the community has confidence and trust in the integrity of Penrith City Council.

If concerns arise that Council is not meeting the standards contained in this document, representations can be made to Council’s Chief Governance Officer or to the General Manager.

Council Values

Council has adopted values to guide our behaviour in the workplace and how we relate to our work colleagues, our customers, our communities, and our stakeholders, as follows:

- Respect – being responsive to others’ experiences, perspectives, values and beliefs, listening, being open and working to understand the perspective

- Accountability – by behaving in an honest, ethical and professional way, identifying and following legislation, rules, policies, and codes of conduct, speaking out against misconduct, illegal and inappropriate behaviour, by working and leading by example.

- Innovation – by being open to new ideas and change, offering our opinions and making suggestions, adapting to new situations and not giving up easily

What are our key business principles?

Our business dealings will be transparent and open to public scrutiny wherever possible. We are committed to the purchasing of all goods and services through transparent processes that are both efficient and effective.

We will ensure that Council’s policies, procedures and practices relating to tendering, contracting, purchasing of goods or services, assessment of development applications, use of consultants and/or contractors, are all consistent with best practice, the highest standards of ethical conduct and comply with relevant legislation.

All approvals, decisions and procurement activities will be clearly documented to enable transparent and effective governance across the organisation. Council will assess all applications objectively, considering all relevant and material factors in determining a decision that comes before council.

Council seeks to purchase goods, equipment and services so that it achieves the best value for money. However, our decision making takes into consideration many things including upfront costs, ongoing costs, suitability, quality, reliability, availability, experience, good corporate values, reputation, safety, legal compliance, local content and environmental sustainability. Best value for money does not automatically mean the lowest price. Council is required to balance all these relevant factors including in determining true value for money.

What can you expect of Council?

Councillors, employees and delegates are bound by the Council’s Code of Conduct and the documents contained within the Code of Conduct Framework. We will:

- Use public resources effectively and efficiently.

- Deal fairly, honestly and ethically with all individuals and organisations.

- Avoid or manage any conflict of interest (whether actual or perceived). Treat potential suppliers impartially and fairly. Ensure that equal access to information is given.

- Abide by all relevant and applicable laws and regulations

- Never solicit or accept remuneration, gifts or other benefits from a supplier or applicant for the discharge of official duties;

- Properly document Council business processes.

- Have regard to sustainable practices.

- Not involve potential suppliers in tender processes or quotation processes where Council has no intention or capacity to contract with a supplier.

- Be open and transparent in its tendering and purchasing processes

- Properly deal with information supplied to it, by not disclosing confidential or proprietary information

- Act in a manner which enhances public confidence and integrity of local government

What do we ask of you?

We expect and require suppliers to Council, applicants, consultants, contractors, owners, applicants of Development Applications and anyone doing business with Council to observe the following:

- Secure access to and comply with Council’s procurement policies and procedures

- Act ethically and honestly

- Declare actual or perceived conflicts of interest as soon as you become aware of them (for more information on conflict of interest, please see the Council’s Code of Conduct)

- Respect the obligations of Councillors and employees to abide with Councils Code of Conduct

- Comply with Council’s procurement policy and any relevant documents or procedures (if possible).

- Provide accurate and reliable information.

- Take all reasonable measures to prevent the disclosure of confidential Council information.

- Comply with Council’s Privacy Management Plan and the relevant Privacy legislation.

- Refrain from discussing Council business or information with the media

- Comply with all relevant laws and contractual obligations

- Provide and protect the safety of employees and others in the work environment and public arena, including providing a workplace free from bullying and harassment

- Respect the environment, comply with environmental laws and have sustainable practices

- Communicate clearly and respond promptly to questions resolving any issues quickly

- Not act in a way that is a collusive practice

- Refrain from offering employees, councillors and delegates inducements or incentives, including gifts and benefits, designed to improperly influence the conduct of their business.

- Assist Council to prevent unethical practice in Council relationships.

It is incumbent upon all private sector providers of goods and services to Council to declare to Council (at the earliest opportunity) that they:

- Have not been convicted of fraud or a fraud-related offence, or, where the provider is a company, the directors have not been convicted of fraud or a fraud related offence;

- Have not been declared bankrupt, and are not a director of a company that has entered into a Deed of Company Arrangement, been placed in External Administration or into liquidation, or, where the provider is a company, the directors have not been declared bankrupt and are not a director of a company that has entered into a Deed of Company Arrangement, been placed into External Administration or into Liquidation; and

- Have not had any corrupt findings recorded against them, or been identified as a person of interest, by the Independent Commission Against Corruption (ICAC)

This is a self-declaratory mechanism. The responsibility for such declarations at all times lies with the goods and service provider, consultant or contractor.

Gifts, Benefits and Hospitality

Customers doing business with Council must not provide gifts and benefits to Councillors, Council Employees or Delegates, in line with the Council’s Code of Conduct. All gifts or offers of gifts, benefits and hospitality must be declared by Councillors, Delegates and Employees.

Council has previously run campaigns and will continue to do so advising members of the public that Penrith City Council believes that the simple act of saying ‘thank you’ is enough.

Conflicts of Interest

Councillors and employees are required to declare Conflicts, or potential conflicts of interest. It is also expected that persons we do business with also declare any Conflicts or potential conflicts of interest they may have or declare any that they may be aware of in any process.

Conflicts of interest that lead to biased decision making may constitute corrupt conduct. Perceptions of a conflict of interest can be as important as actual conflicts.

Sponsorship

Council Employees, Councillors and Delegates should not seek or receive a personal benefit or be perceived to receive a personal benefit from a sponsorship arrangement. In addition to this, Council will not seek, accept or provide sponsorship to an organisation if the sponsorship arrangement could compromise, or be seen to compromise, Council’s ability to exercise its regulatory or planning functions or should the activities of any such organisations conflict with the values of Council.

Secondary Employment

You must not offer employment to Council officials who are directly related to activities you are engaging in with Council as it may be publicly seen as obtaining an unfair advantage or trying to unduly influence Council in carrying out our public duty.

If you have a Council Employee working for you in a secondary capacity, you should disclose this to the appropriate council official as soon as you become aware.

Council employees are obligated to gain approval before partaking in secondary employment under the Council’s Code of Conduct.

Use of Council equipment, resources and information

All equipment, resources and information supplied by Council should only be used for its proper official purpose.

Intellectual property

In business relationships with Council, all parties will respect each other’s property rights and will formally negotiate access, license and use of intellectual property. Transfer of intellectual property will be addressed via contractual agreement.

Confidentiality

Council has an obligation to protect the information collected about our customers and the community, in line with relevant legislation. Council expects that suppliers will treat all information appropriately and all information collected must be used for the purpose it was provided.

Any confidential information should be treated as such and should not be revealed to persons other than those with a genuine need and authority. Suppliers handling private information on behalf of Council are expected to adhere to Council’s Privacy Management Plan and relevant legislation. Suppliers must notify Council if there has been a breach of data security.

The information could be in various formats and the Government Information (Public Access) Act 2009 provides mechanisms for the public to gain access to Council’s information, except in certain circumstances, as provided by the relevant legislation.

Communication between Parties

All communication should be clear, direct and accountable (written confirmation) in order to minimise the risk or perception of inappropriate influence being brought to bear on the business relationship.

Discrimination and Harassment

Council and suppliers shall not discriminate against anyone on the grounds of, but is not limited to sex, pregnancy, age, race, responsibilities as a carer, marital status, disability, sexual orientation, transgender grounds, or if a person has an infectious disease.

Applications

Councillors’ and Employees must deal with any application in a professional and ethical manner.

Why is compliance important?

By complying with this statement you will be able to advance your business objectives and interests in a fair and ethical manner.

You should also be aware of the consequences of not complying with the requirements of this document when doing business with Council. Demonstrated corruption or unethical behaviour could lead to termination of contracts, loss of future work, loss of reputation, investigation of corruption and matters being referred for criminal investigation.

Council officials who do not comply with this Statement will be considered in breach of Council’s Code of Conduct and subject to disciplinary action under the Code.

Reporting unethical behaviour

Reports of unethical behaviour, fraud, corruption, maladministration or waste can be made to Council’s governance unit on 4732 7649.

Reporters of corrupt conduct, waste and maladministration can seek the protection of the Public Interest Disclosures Act 1994. This Act and Council’s policy under this Act protects persons who are disclosing corrupt conduct (in accordance with the Act) from reprisal or detrimental action and ensures disclosures are properly investigated, and confidentiality is maintained.

You can also report suspected wrongdoing or breaches of this statement to independent agencies such as:

· Independent Commission Against Corruption (ICAC)

· NSW Ombudsman

· Office of Local Government (OLG)

Review

This statement will be subject to review every 4 years or as required.

Document Control

DOCUMENT HISTORY	DATE

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