Agenda of Policy Review Committee Meeting

Council_Mark_POS_RGB

6 February 2019

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 11 February 2019 at 7:00PM.

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

Yours faithfully

Warwick Winn

General Manager

BUSINESS

1. LEAVE OF ABSENCE

2. APOLOGIES

3. CONFIRMATION OF MINUTES

Policy Review Committee Meeting - 10 December 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

Council_Mark_POS_RGB 2019 MEETING CALENDAR

January 2019 - December 2019

(Adopted by Council - 26 November 2018)

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Ordinary Council Meeting

7.00pm

25@

29v

27#

24*

26@

23^ü

28∞

25#+

Policy Review Committee

7.00pm

v	Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are endorsed for exhibition
*	Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are adopted
#	Meetings at which the Operational Plan quarterly reviews (March and September) are presented
@	Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for December and June) are presented
^	Election of Mayor/Deputy Mayor
ü	Meeting at which the 2018-2019 Annual Statements are presented
∞	Meeting at which any comments on the 2018-2019 Annual Statements are adopted
+	Meeting at which the Annual Report is presented
>	Briefing to consider Budget, draft fees & charges and corporate documents

- 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 10 DECEMBER 2018 AT 7:01PM

PRESENT

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

APOLOGIES

PRC 63 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Brian Cartwright that apologies be received for Councillor Mark Davies.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 12 November 2018

PRC 64 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Aaron Duke that the minutes of the Policy Review Committee Meeting of 12 November 2018 be confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

SUSPENSION OF STANDING ORDERS

PRC 65 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Karen McKeown OAM that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7.04pm.

ADDRESSING THE MEETING

Mr Anthony Colman

Item 1 – Proposed Suburb Name for the Central Precinct of the St Marys Release Area

Mr Colman, an affected person, spoke in support of the recommendation to name the Central Precinct of the St Marys Release Area Jordan Springs. Mr Colman spoke of the current confusion that the current name of Llandilo has caused, and his personal experience when dealing with emergency and postal services.

Ms Kay Hearne

Item 2 – Penrith DCP 2014 amendment – Public Exhibition Submissions

Ms Hearne, an affected resident, spoke against the recommendations. Ms Hearne specifically noted the negative impact of parking, and the congestion caused as a result of those not utilising stacked parking in an appropriate way.

PRC 66 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Kevin Crameri OAM that an extension of time be granted to permit the speaker to conclude her address, the time being 7.16pm.

RESUMPTION OF STANDING ORDERS

PRC 67 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor John Thain that Standing Orders be resumed, the time being 7:17pm.

Councillor Todd Carney left the meeting, the time being 7:17pm.

Councillor Todd Carney returned to the meeting, the time being 7:21pm.

DELIVERY PROGRAM REPORTS

Outcome 7 - We have confidence in our Council

3 Penrith Aquatic & Leisure Centre Annual Report 2017-2018

PRC 68 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

That:

1. The information contained in the report on Penrith Aquatic & Leisure Centre Annual Report 2017-2018 be received.

2. Council agree to underwrite the operations of Penrith Aquatic and Leisure Ltd until the presentation of the 2018-2019 Annual Report.

3. Council thank and congratulate Chairman Alan Brown, and Acting General Manager Paul McAlary, and all those involved with the operation of Penrith Aquatic & Leisure Centre for the 2017-2018 period.

4. Council agree to establish a guarantee under Capital Finance’s ‘No Financial Policy for Government entities for transactions less than $250k’ for Penrith Aquatic and Leisure Limited, to facilitate the $221k (including GST) financing of new gym equipment.

Outcome 2 - We plan for our future growth

1 Proposed Suburb Name for the Central Precinct of the St Marys Release Area

PRC 69 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Marcus Cornish

That:

1. The information contained in the report on Proposed Suburb Name for the Central Precinct of the St Marys Release Area be received

2. Council write to the Geographic Names Board confirming that it does not object to Lendlease’s proposal to expand the existing suburb of Jordan Springs to include the Central Precinct, the surrounding areas of open space, and Wianamatta Regional Park (refer Attachment 2).

2 Penrith DCP 2014 amendment - Public Exhibition Submissions

PRC 70 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

That:

1. The information contained in the report on Penrith DCP 2014 amendment - Public Exhibition Submissions be received

2. Council adopt the amendments to Penrith Development Control Plan 2014, as exhibited.

3. The General Manager be delegated authority to make any necessary minor changes required to the Development Control Plan 2014 in accordance with Council’s adopted policy position before notification in the newspaper

4. In accordance with the Environmental Planning and Assessment Regulation 2000, Council give public notice of its decision in a local newspaper within 28 days, with the Development Control Plan coming into effect immediately upon notification in the newspaper.

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 Robin Cook
Councillor Greg Davies
Councillor Todd Carney
Councillor Aaron Duke
Councillor Karen McKeown OAM
Councillor Kevin Crameri OAM
Councillor Ross Fowler OAM
Councillor Jim Aitken OAM
Councillor Brian Cartwright
Councillor Tricia Hitchen
Councillor Bernard Bratusa
Councillor Marcus Cornish
Councillor John Thain

There being no further business the Chairperson declared the meeting closed the time being 8:03pm.

Policy Review Committee Meeting 11 February 2019

Planning Proposal to reclassify Council-owned land at 11 - 13 Chesham Street, St Marys

Compiled by: Breannan Dent, 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.

Executive Summary

This report presents the results of the public exhibition and public hearing for a Planning Proposal relating to three parcels of Council-owned land at 11-13 Chesham Street, St Marys (the subject land). The Planning Proposal seeks to reclassify the subject land from ‘community’ to ‘operational’.

The Planning Proposal was placed on public exhibition from 6 August 2018 to 4 September 2018. A public hearing was held on 24 October 2018. Council received a total of 2 submissions from both consultation processes.

The key issues raised in the submissions and addressed in this report include:

- Any future development to have regard to relevant State Government legislation and policy and be referred to Sydney Trains and Transport for NSW for review and comment.

- On-street carparking, access and traffic issues in the general locality.

No changes to the Planning Proposal have been proposed in response to the submissions received. This report seeks Council’s endorsement to adopt the Planning Proposal to proceed to the next stage of the Gateway Process, being to make the amendment to Penrith Local Environmental Plan (LEP) 2010.

Background

At the Policy Review Committee meeting in 4 June 2018, Council resolved to endorse a Planning Proposal for the reclassification of three parcels of Council-owned land from ‘community’ to ‘operational’ at 11 – 13 Chesham Street, St Marys (Lots 1, 2 and 3 in DP 542707). A map of the subject land is provided as Attachment 1. The Planning Proposal is provided in a separate enclosure to this report.

The land is zoned R4 High Density Residential under LEP 2010, is currently vacant and situated within walking distance from St Marys rail station and town centre. Adjoining the subject land to the south (and north of Chesham Street) is a road reserve. It is intended that this land will undergo a road closure and reclassification process separate from this Planning Proposal.

The Planning Proposal does not seek to change the zone or any existing planning controls. The subject land is not identified as a ‘public reserve’ under the Local Government Act. The reclassification will enable Council to consider opportunities for the future use of the land, including options to sell or develop the subject land.

A Gateway Determination was received from the Department of Planning and Environment on 17 July 2018 to enable the planning proposal to undergo community consultation.

Public Exhibition and Submission

Public exhibition of the Planning Proposal commenced on Monday 6 August 2018 and closed on Tuesday 4 September 2018. During the public exhibition one submission was received from Sydney Trains, who own the neighbouring railway property. No submissions were received from the community during the public exhibition.

The submission from Sydney Trains relates to future consultation in relation to any proposed development near rail corridors. The submission also requests that Transport for NSW is consulted in relation to the proposed North-South rail link as identified in Future Transport 2056.

No changes to the Planning Proposal are recommended in response to the submission received during the public exhibition.

The submission requests actions that are consistent with existing considerations for Development Applications, given that they are required under state policies and are to be considered in future development proposals.

Public Hearing and Submission

Council appointed an independent chair to conduct a public hearing on 24 October 2018 for the Planning Proposal.

Section 29 of Local Government Act 1993 requires that for reclassification of properties from ‘community’ to ‘operational’, an independently chaired public hearing be held and that the chair of the hearing produces a report considering any submissions received.

Two community members attended the Public Hearing. One anonymous submission was received. The submission raised the following issues:

1. Whether the Planning Proposal will affect Blair Avenue properties

Response: The planning proposal does not extend beyond the subject site. When a development application is received on the site community consultation will be undertaken.

2. The lack of on street car parking and traffic in the general locality.

Response: The subject land is already zoned R4 High Density Residential. There are no changes to land uses as a result of the Planning Proposal.

The Planning Proposal includes a Transport Impact Assessment which addresses existing on street car parking and traffic. The assessment identified that: ‘the traffic and parking implications associated with the proposed residential redevelopment is considered acceptable’ (page 19).

In addition to this, any future Development Application would need to consider traffic, transport and parking issues in further detail.

No changes to the Planning Proposal are recommended in response to the submission received during the public hearing.

The Public Hearing Report received from the independent chair of the public hearing on 5 November 2018 is provided as Attachment 2.

The Public Hearing Report recommends:

a) Council proceed with the reclassification of Lots 1 – 3 DP 542707 from ‘community’ to ‘operational’ land.

b) Council write to all persons that made a submission to the Public Hearing thanking them for their input and advising them of Council’s decision.

c) A copy of this report be made available to the public in accordance with Section 47(G)(3) of the Local Government Act 1993.

The report was made available at Penrith Civic Centre, St Marys Business Office and Council’s website by 8 November 2018.

Independent Peer Review

An independent peer review of the Planning Proposal has been undertaken, as the Planning Proposal applies to Council-owned land. The peer review is provided as Attachment 3.

The peer review provides an expert’s assessment of the process undertaken by Council to date with respect to the Planning Proposal, public hearing and public exhibition for the reclassification of the subject land. It provides advice on the appropriateness of Council’s assessment and recommendations.

The review concludes that:

· Council has reasonably exercised its functions and met the statutory obligations under the Environmental Planning and Assessment Act 1979 and the Local Government Act 1993 with respect to the Planning Proposal.

· The recommendation to proceed with the Planning Proposal is appropriate.

Conclusion

The Planning Proposal was publicly exhibited and a public hearing has been conducted. Community and public authority submissions have been reviewed. Public authorities have not raised any objections to the Planning Proposal. The key issues identified relate to potential traffic impacts and proximity to the rail corridor. These concerns will be further addressed at development application stage once design and dwelling yields are known.

It is recommended that the Planning Proposal be adopted as exhibited and is progressed to the next stage of the Gateway process, being to make the amendment to Penrith Local Environmental Plan 2010.

RECOMMENDATIONS

That:

1. The information contained in the report on Planning Proposal to reclassify Council-owned land at 11 - 13 Chesham Street, St Marys be received

2. Council endorse the Planning Proposal for 11 - 13 Chesham Street, St Marys provided in the separate enclosure to this report.

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. ⇩	Subject site map, 11-13 Chesham Street, St Marys	1 Page	Attachments Included
2. ⇩	Public Hearing Report, 11-13 Chesham Street, St Marys	12 Pages	Attachments Included
3. ⇩	Peer Review of Planning Proposal, 11-13 Chesham Street, St Marys	29 Pages	Attachments Included
4. ⇩	Planning Proposal, 11-13 Chesham Street, St Marys	132 pages	Under Separate Cover (Website)

Policy Review Committee Meeting 11 February 2019

Amending Precinct Plan for the Central Precinct of St Marys Release Area

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

Previous Items: 2- Amending Precinct Plan for the Central Precinct of St Marys Release Area- Ordinary Meeting- 29 Oct 2018 7:00PM

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

Executive Summary

This report presents the results of the public exhibition of proposed changes to the planning controls applying to the Central Precinct of the St Marys Release Area. It seeks Council’s resolution to adopt the proposed changes, as exhibited, making them the in-force planning controls.

The proposed changes aim to increase the choice of housing and its affordability by facilitating a greater diversity in the size of residential lots and dwelling types. The changes apply to the areas within walking distance of the planned local shopping centre. They are considered to help meet the current demand for an increasing variety of homes to suit a broader demographic range. They will also help facilitate the delivery of homes in a variety of price brackets that appear to have a lower retail price than standard land and house packages.

The proposed controls are set out in an Amending Precinct Plan, a document like Council’s Development Control Plan. This Plan was publicly exhibited between 12 November and 10 December 2018. No submissions were received in response to the exhibition.

Background

The St Marys Release Area contains three residential precincts known as the East, West and Central Precincts. The East and West Precincts have been developed and now form the respective suburbs of Ropes Crossing and Jordan Springs. The subdivision and development of the Central Precinct is well underway.

The planning document managing the delivery of the Release Area is Sydney Regional Environmental Plan No. 30 – St Marys (SREP 30). SREP 30 is similar to Council’s Local Environmental Plan and sets land use zones and planning processes to ensure that the desired social, environmental, and economic outcomes for the Release Area are achieved.

SREP 30 requires a Precinct Plan, a document like Council’s development control plans, to be created for each precinct. SREP 30 sets out the content of Precinct Plans, matters to be considered when assessing draft plans (also known as Amending Precinct Plans), and a process for approving a new or amending plan. The current Precinct Plan for the Central Precinct sets the development outcomes for this precinct, including the number of new homes (1,450), the size and mix of residential lots, the location of the local shopping centre, and the street network.

The proposed changes aim to increase the diversity and mix of new lots and dwellings in certain parts of the Central Precinct to deliver a range of housing options that were not envisaged or in demand when the Central Precinct was originally planned in 2009. The changes will predominantly apply to the areas that have easy access and within walking distance to the planned local shopping centre or a high level of amenity, such as those surrounding local parks and open space.

The changes, if adopted, will:

· Increase the types of homes to include terraces, manor homes (3-4 units with the appearance of a large house), and granny flats or studio apartments.

· Allow multi-unit developments such as terraces and town houses on Strata-title lots sized 125m² or greater.

· Promote the construction of terraces and townhouses on Torrens title lots (house and land packages) instead of Strata title lots, reducing ongoing fees for homeowners.

· Reduce the standard lot size for detached dwellings from 270m² to 225m².

· Allow the construction of a 2-storey home with a double garage on lots that have a frontage greater than 10 metres. This is currently restricted to a single garage.

The Public Exhibition

The Amending Precinct Plan was publicly exhibited between 12 November and 10 December 2018. A copy of this document is provided as a separate enclosure. Notification of the exhibition was made in the Western Weekender during the weeks beginning 5, 12, 19, and 26 November 2018. The exhibition material was available at the Civic Centre, Penrith Library, and online.

No submissions were received in response to the public exhibition.

Conclusion

The proposed changes are considered to allow a variety of housing types that meet market demand and more closely align with the residential developments being delivered in planned growth precincts. These alternative homes will increase the diversity of new homes, helping to cater for a changing demographic, principally smaller households. The new homes will also potentially have a lower price than standard land and house packages.

The smaller housing types will only be permitted on sites that have easy access and be within walking distance to the planned local shopping centre or a high level of amenity, such as those surrounding local parks and open space. They will not apply to the whole precinct.

It is recommended that Council adopt the Amending Precinct Plan, as exhibited.

RECOMMENDATION

That:

1. The information contained in the report on Amending Precinct Plan for the Central Precinct of St Marys Release Area be received.

2. The Amending Precinct Plan (provided as a separate enclosure) be adopted as the Precinct Plan for the Central Precinct of the St Marys Release Area.

ATTACHMENTS/APPENDICES

1. ⇨

Amending Precinct Plan for Central Precinct

122 pages

Under Separate Cover (Website)

Policy Review Committee Meeting 11 February 2019

Procurement Policy

Compiled by: Lana Axford, Supply Coordinator

Authorised by: Neil Farquharson, Financial Services Manager

Outcome	We have confidence in our Council
Strategy	Manage our money and our assets to be sustainable now and into the future
Service Activity	Support financial sustainability by managing Council's purchasing policies and procedures

To ensure that Council maintains contemporary procurement practices it is important that from time to time that our Polices, Standards and Procedures are reviewed and updated. This is to respond to the procurement environment, continue to ensure a framework for value for money is achieved, respond to the Community’s expectations and ensure probity and transparency is maintained.

An Internal Audit of Council’s Procurement activities and framework was completed in 2017-18 as requested by the Audit Risk and Improvement Committee. The audit findings included a number of recommendations to improve Procurement Policies and Procedures, document and review strategic procurement plans and activities and recommended the adoption of a contemporary and single overarching Procurement Policy. Tonight’s report presents the overarching Procurement Policy for Council’s consideration.

Recent discussion with Councillors has informed the review and the strong acknowledgement of the preference to support local procurement, which has been embedded in the Procurement Policy. The proposed Policy will be Council’s high-level public statement of intent and has guided the development of the Standards and Procedures, which will be adapted to incorporate any further feedback to changes to the Policy tonight.

The report advises the Policy Review Committee of the development of the new Procurement Policy and recommends that it be adopted. Should the Policy be adopted by the Council it will replace any previous or existing policies (i.e. Supply Guidelines and Sustainable Purchasing Policy) and will help ensure consistency of procurement practices across Council.

Background

The Procurement Policy was developed to provide Council with a clear structure and principles that guide the procurement practices including Value for Money, Probity and Accountability, Fair and Ethical Dealings, Sustainable and Social Procurement.

The incorporation of a Local Supplier Preference into the new Policy supports the Community Plan’s strategy - “We can work close to home” by assisting local business to be competitive in bidding for Council work.

Alongside the Policy, new detailed Standards and Procedures have been developed to reinforce the application of the Policy within Council. Once the Policy has been adopted by Council the new Standards will be reviewed to ensure any feedback provided tonight has been incorporated prior to being communicated to the organisation and all relevant Officers being provided training in the compliance and application of the new Policy, Standards and Procedures.

The proposed Policy gives regard to the legislative framework and has been developed to support and build on the procurement requirements established by the Local Government Act (1993) and the Local Government (General) Regulation 2005.

Conclusion

It is prudent that Council review its Procurement Polices on a regular basis to ensure that they remain contemporary, comply will legislative requirements, reflect the aspirations of Council, deliver value for money and ensure that Council’s Procurement activities are conducted in a transparent and ethical manner.

Recommendations from the recent Internal Audit of Procurement have informed this current review along with the direction provided by Councillors in relation to local procurement. The revised Policy being recommended at tonight’s Policy Review Committee meeting subject to Council’s feedback, will replace and update all existing Supply Guidelines and Policies including the currently endorsed Sustainable Purchasing Policy.

RECOMMENDATION

That:

1. The information contained in the report on Procurement Policy be received

2. The Procurement Policy be formally endorsed by the Policy Review Committee prior to being adopted by the Council.

3. The Procurement Policy formally replace all Supply Policies and Guidelines and Sustainable Purchasing Policy once adopted by the Council.

ATTACHMENTS/APPENDICES

1. ⇩