Agenda of Policy Review Committee Meeting

Council_Mark_POS_RGB 2019 MEETING CALENDAR

January 2019 - December 2019

(Adopted by Council - 26 November 2018, Amended 1 May, 28 May and 27 June 2019)

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 9 SEPTEMBER 2019 AT 7:00PM

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies, and Councillors Bernard Bratusa, Brian Cartwright, Robin Cook, Marcus Cornish, Mark Davies, Aaron Duke, Kath Presdee and John Thain.

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Karen McKeown OAM for the period 2 September 2019 to 17 September 2019 inclusive.

Leave of Absence was previously granted to Councillor Kevin Crameri OAM for the period 8 September 2019 to 19 September 2019 inclusive.

APOLOGIES

PRC22 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Brian Cartwright that the apologies from Councillors Jim Aitken OAM, Todd Carney and Tricia Hitchen be accepted.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 12 August 2019

PRC23 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies that the minutes of the Policy Review Committee Meeting of 12 August 2019 be confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

DELIVERY PROGRAM REPORTS

Outcome 2 - We plan for our future growth

1 Annual Update Planning Proposal

PRC24 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Aaron Duke

That:

1. The information contained in the report on Annual Update Planning Proposal be received

2. Council endorses the Planning Proposal presented in this report which has been provided to Councillors as a separate enclosure, is publicly-available on Council’s website, and has been tabled tonight.

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 Public Spaces and Parliamentary Counsel.

4. Council officers forward the Planning Proposal to the Minister for Planning and Public Spaces 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 Kath Presdee
Councillor Greg Davies
Councillor Robin Cook
Councillor Mark Davies
Councillor Brian Cartwright
Councillor Bernard Bratusa
Councillor Ross Fowler OAM
Councillor Marcus Cornish
Councillor Aaron Duke
Councillor John Thain

2 Heritage Advisory Committee Constitution

PRC25 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Brian Cartwright

That:

1. The information contained in the report on Heritage Advisory Committee Constitution be received.

2. The Draft Heritage Advisory Committee Constitution at attachment 1 be adopted by Council.

Outcome 7 - We have confidence in our Council

3 Draft Asset Management Policy

PRC26 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies

That:

1. The information contained in the report on Draft Asset Management Policy be received

2. The Draft Asset Management Policy be adopted

There being no further business the Chairperson declared the meeting closed the time being 7:05 pm.

Policy Review Committee Meeting 21 October 2019

Penrith City Children's Services Cooperative Ltd

Compiled by: Jade Bradbury, Children's Services Operations Manager

Authorised by: Sandy Davies, Director - Community and People

Outcome	We can work close to home
Strategy	Provide access to lifelong learning to maximise opportunities for our community
Service Activity	Deliver high quality children’s services

Executive Summary

This report provides information on Council’s Children’s Services, that are managed by the Penrith City Children’s Services Cooperative (PCCSC), for the period July 2018 to June 2019. The report includes information on the financial operations of the services managed by the Cooperative. The report recommends that the information be received and that Council underwrite the operations of the PCCSC Ltd until the presentation to Council of the Penrith City Children’s Services Cooperative Ltd Annual Report for 2019-20.

Background

The PCCSC became effective on 1 January 2003 and was created to manage a number of Children’s Services on Council’s behalf including long day care, preschool, before and after school care and vacation care. The Board also took on management of the Glenmore Park Child and Family Centre in July 2015. The structure of the Cooperative is a Board of 11 Directors including parent representatives, three Councillors, a staff representative, community representatives and a representative of the General Manager. The Board meets on a bi-monthly basis and operates under Council delegation. The Board looks at broad policy matters, sets the direction for Children’s Services and makes major decisions about service provision. Parent advisory committees, elected annually at each site, provide valuable input into the operational aspects of individual services.

On Council’s behalf, the Board manages 44 services in 26 facilities including 18 long day care centres, 5 preschools, 14 before and after school care services and 7 vacation care services. In January 2017, the Board also took on the development and management of out of school hours’ services on school grounds at 4 local public schools and in October this year took on Oxley Park Public School for a 1-year contracted period. Approximately 4,000 children aged 0-12 years attend the services managed by the Board annually with approximately 339 full time equivalent staff employed in centre-based service delivery including permanent, temporary and casual employees.

Children’s Services has a broad strategy in Council’s Delivery Program to deliver high quality children’s services. Linked to this strategy are the five major goals in the Board’s Strategic Plan – being a leader in quality, sound financial management, enabling a skilled workforce, being known as a provider of high-quality not-for-profit services and having decision making processes that are open and transparent. It is pleasing that a number of key primary actions within these goals have been implemented during the period of review. A snapshot of activities are highlighted in this report.

The Children’s Services Program

The Children’s Services program is focused on delivering high quality children’s services that are affordable, accessible and viable. Utilisation of services drives income so is a key performance indicator. For the cumulative period July 2018 to June 2019, of the five components of Children’s Services managed by the Board, three achieved or exceeded projected utilisation targets with preschool and long day care slightly below.

Federally Funded Programs

Children’s Services receives Federal funding from The Department of Social Services (DSS) to deliver The Children and Parenting Program (CAPPS) and The Middle Years Mentoring Program (MYMP).

The CAPPS program supports parents through the provision of parenting programs and individualised support as well as building the capacity of educators to identify and respond to vulnerable families. The project has delivered over 10 parenting programs throughout the year and established playgroups in response to community requests. The funding for this program is due to end in June 2020.

The MYMP is a three-year funded program to deliver innovative programs to support young people in the middle years’ age bracket to improve social cohesion, belonging, positive relationships and respond to vulnerable young people. The program has delivered training to educators to build their capacity to support young people. The program has developed several innovative initiatives including a photography program in which 31 young people have taken part throughout the year. This photography program was showcased at the annual Early Childhood Australia conference.

Building and Playground Upgrades

Children’s Services continuously strives to maintain services as aesthetically pleasing and safe environments for children, families and staff. To this end a significant number of building and playground upgrades, totalling $1,152,000 from the Cooperative’s reserves, have been completed during the financial year. The Board is making more provision than ever for building and playground upgrades to meet the ongoing challenge of ageing buildings. St Marys, Wattle Glenn and Tandara Children’s Centres were recently renovated to make them contemporary with new playgrounds and amenities which has been very well received by families, children and staff. Platypus, Werrington County and Jamisontown Children’s Centres are scheduled for building upgrades in the 19/20 financial period.

Enrolment of Aboriginal and Torres Strait Islander Children

For the 2018-19 reporting period we had a 3.5% increase in enrolments of Aboriginal and Torres Strait Islander children, bringing the total number of Aboriginal and Torres Strait Islander enrolments to 141 children.

Enrolment of Children with Disabilities

Support to improve access for children with ongoing high support needs has been provided by the Commonwealth funded Inclusion Development Fund (IDF) and through the State Government Preschool Disability Inclusion Program. These programs build the capacity of services to include children with ongoing high support needs into mainstream services. IDF funding enables services to engage an additional staff member but there is still a shortfall in the funding received and the cost of employing additional staff which needs to be met by services.

During the past year the services managed by the Cooperative enrolled over 97 children with diagnosed additional needs and disability. There are many children attending Council services that are undiagnosed or who are awaiting assessment by specialist services that are not included in these numbers.

Curriculum Implementation

We continue to provide a diverse and responsive curriculum that has been demonstrated as very effective through our consistent positive results under assessment through the National Quality Standard. During this reporting period we have delivered an innovative mentoring program for our educators through a collaborative relationship with Penrith Regional Gallery and The Lewer’s Bequest. We have also enriched a number of programs across our services by partnering with Nordoff Robbins.

Our educators have developed strong skills in sharing their practice and in providing professional learning to other services and this is evidenced in the delivery of in-house training. Educators are supported to work with children and families who have vulnerabilities through the provision of large professional learning programs in relation to child protection and the use of the Phoenix Cups (a philosophy to support children with behaviours in our environments).

Outcomes from Assessment and Rating

All services managed by the Cooperative have been assessed and rated under this system and we continue to have excellent results with 100% rated as meeting or exceeding the standard, which is well above the state and national averages.

Children’s Services Business Approach

During the year, Children’s Services has strengthened its business model approach to the management of centres. Productivity initiatives have included: information technology remediation; upgrades to the software for the management of children’s enrolments, attendance and family fees; and, ongoing global contracts for cleaning, consumables and garden maintenance. Several successful marketing and awareness campaigns were run during the financial year including social media campaigns for Mothers and Father’s Day, parent testimonials and Online click promotions. Children’s Services had a presence at many community events during the year including the REAL festival, Cinema in the Park, and Australia Day and was the catalyst for the success of Children’s week, Grandparent’s Day and Families Week events.

The New Child Care Subsidy

During the 2018-19 financial year, Children’s Services was implementing one of the biggest changes to the sector for many years – the new Child Care Subsidy (CCS). CCS combines all previous subsidies into one and there is an ‘Activity Test’ for eligibility based around parent participation in the workforce, volunteering or studying. Whilst working families are better off under CCS, many children living in vulnerable circumstances whose families do not meet the activity test have had their access to subsidised childcare significantly reduced. This has had an impact on our long day care utilisation rates, particularly at the start of the year. For February 2019, we had the lowest recorded long day care enrolments rates (75% utilisation) in the last 10 years. The Board has lobbied on this matter and called on government to ensure that children living in vulnerable situations have access to at least 15 hours a week of subsidised childcare.

Financial Results

The services managed by the Cooperative reported an operating surplus from ordinary activities of $366k for the 2018-19 year. This surplus result is after a contribution from Council of $90k as well as transfers to a number of operational reserves of $1.4m for future projects and from reserves for current year projects. These reserves include provision for playground and building upgrades, bus replacement, centre equipment, advertising and marketing as well as ‘value add’ programs such as music and art.

Income derived from the provision of childcare, as represented by child care fees and child care subsidy (CCS), was $22m which is a decrease on original budget projections due to long day care and preschool not meeting their budgeted utilisation targets. Grant funding of $2.7m was provided by both the State and Federal Government. This is a decrease of $10k compared to last financial year.

Employee Costs for 2018-19 were $20.9m which is an increase of 4.8% compared to the previous year. As expected, employee costs account for the largest category of expenditure and comprise 85.03% of the total cost of the Cooperative’s operations. In 2018-19 the Cooperative Services made provision for $200k towards funding Employee Leave Entitlements (ELE) for children’s services staff. This allowed the Cooperative to fully fund leave entitlements attributable largely to annual leave and long service leave.

Expenditure on materials, contracts and other expenses was $2.2m which is a decrease of 10.1% upon last year’s result. This was largely the result of decreased discretionary expenditure at a number of Children’s Centres due to lower utilisation levels being achieved across long day care and preschool as compared to the previous financial year.

Council’s commitment to directly supporting the initiatives undertaken by the Cooperative is reflected by the subsidy provided to the Cooperative’s operations of $90,000. This subsidy provides essential funding for the Inclusion Development Fund (previously Inclusion Support Program). Council also makes significant financial contributions to Children’s Services overall which is outlined through the annual Operational Plan. The financial outcome for the services managed by the Cooperative for the financial year 2018-19 is considered a good result and is testament to the strong financial management of the Cooperative’s services. For the continued success of Children’s Services, the maintenance of utilisation levels is critical to their financial viability and the external grant funding received is of high importance to be able to sustain service delivery at current high levels.

Conclusion

The establishment of the Penrith City Children’s Services Cooperative has proved to be an effective management model for the Children’s Services sponsored by Council. The small favourable outcome for the 2018-19 financial year is an excellent achievement given the current financial environment and provides some necessary equity to position the services for the coming years. The Board of Directors is well aware of the complexities of the operation of Children’s Services and the challenges that this brings. Maintaining a balance between services that are viable, accessible and affordable is high on the Board’s agenda. Sustaining the high quality of service provision for which Council’s services are known is a key driver. Affordability continues to be the driving factor for utilisation levels across all service types and balancing this with viability is a key priority.

Lobbying and advocacy continue to ensure that issues related to Children’s Services and particularly issues related to the not-for-profit sector and the Penrith context, are raised and have a high profile. Continued compliance with the National Law and Regulations is testament to the skill, motivation and dedication of the Children’s Services staff and the support provided by the Children’s Services internal management team.

The Board is under no illusion that the year ahead will hold challenges in its quest to ensure Children’s Services remains viable within a climate of increased competition, legislation and regulation requirements and the vital importance of maintaining a skilled workforce. Some known challenges for Children’s Services for the year ahead include the second phase of the Federal Jobs for Families Package and potential changes to State Government Legacy funding. The Board will need to keep abreast of emerging issues so that sound change management practices are adopted and the high quality of service provision is sustained.

During the financial year 2018-19 there were no significant changes in the operations of the Cooperative. The Annual General Meeting was held in October 2018. New Rules were adopted at the October 2018 AGM to bring them into line with new legislation. Council’s representatives on the Board of Directors are Councillors Ross Fowler OAM, Councillor Todd Carney and Councillor Kath Presdee. The General Manager’s representative and Company Secretary is Council’s Director – Corporate Services, Andrew Moore.

RECOMMENDATION

That:

1. The information contained in the report on Penrith City Children's Services Cooperative Ltd be received

2. Council underwrite the operations of the PCCSC Ltd until the presentation to Council of the Penrith City Children’s Services Cooperative Ltd Annual Report for 2020-21.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Policy Review Committee Meeting 21 October 2019

Planning Proposal for 4 sites in Penrith and St Marys

Compiled by: Breannan Dent, Planner

Natalie Stanowski, Principal Planner

Authorised by: Natasha Borgia, City Planning Manager

Outcome	We plan for our future growth
Strategy	Facilitate 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, public authority referral and public hearing for a Planning Proposal relating to Council owned land at four (4) sites in St Marys and Penrith.

The Planning Proposal seeks to amend Penrith Local Environmental Plan 2010 in order to:

· reclassify the land from Community to Operational,

· remove the public reserve status of the three sites in St Marys,

· remove all trusts and interests relating to the public reserve status of the St Marys sites, and relating to car parking for the Penrith site.

No other zoning or planning controls are proposed to be amended.

Reclassification is a statutory process that will enable Council to consider the future uses of all sites and to realise the objectives of the existing zones. The Planning Proposal is aligned with local and regional plans and strategies.

As required by the Gateway Determination, the Planning Proposal was referred to the NSW Rural Fire Service, who had no recommendations for amendments to the Planning Proposal, allowing it to proceed to Public Exhibition.

The Planning Proposal was placed on public exhibition from Monday 8 April 2019 to Friday 17 May 2019. A public hearing was held on 11 September 2019. Council received 1 submission from Endeavour Energy during the exhibition. The submission considered service connection and availability for future development. The Planning Proposal has been updated to reflect the submission.

No amendments to the Planning Proposal have been made in response to the submission received during the Public Exhibition. This report seeks Council’s endorsement to adopt the Planning Proposal to proceed to the next stage of the Reclassification process, being to make the amendment to Penrith LEP 2010.

Background

At the Policy Review Committee meeting of 12 August 2018, Council resolved to endorse the Planning Proposal for the reclassification of certain Council owned land in St Marys and Penrith to be sent for a Gateway determination. A map and details of each site is provided as Attachment 1. The Planning Proposal is provided in a separate enclosure to this report.

A Gateway determination was received from the Department of Planning, Industry and Environment (DPIE) on 23 January 2019 to enable referral to public authorities and community consultation. The Gateway determination did not provide Council with delegation to determine this Planning Proposal.

Effects of the Proposed Reclassification

Table 1 identifies the subject sites and the effects of the proposed reclassification:

Table 1:

	Address	Legal Description	Effects of the Planning Proposal
Site 1	12A Champness Crescent St Marys NSW 2760	Lot 41 DP 35970	Reclassification to “Operational” and removal of Public Reserve status. The removal of any interest or trust relating to the land being a public reserve. Loss of open space.
Site 2	32A Champness Crescent St Marys NSW 2760	Lot 51 DP 35970	Reclassification to “Operational” and removal of Public Reserve Status. The removal of any interest or trust relating to the land being a public reserve. Loss of open space.
Site 3	110A Dunheved Circuit St Marys NSW 2760	Lot 211 DP 31909	Reclassification to “Operational” and removal of Public Reserve Status. The removal of any interest or trust relating to the land being a public reserve. Loss of open space.
Site 4	Part Soper Place Car Park 5-7 Lawson Street Penrith NSW 2750	Lots 1-3 DP 1159119	Reclassification to “Operational” and removal of any interest or trust for community purposes (car parking).

Sites 1 and 2 are zoned R4 High Density Residential. Site 3 is zoned IN1 General Industrial and Site 4 is zoned B3 Commercial Core. The zoning is not proposed to be changed in this planning proposal.

Sites 1, 2 and 3 are currently under-utilised public open space. Sites 1 and 2 have limited access to and visibility from the street, which restricts their use. Site 3 is opposite a large area of public open space. The sites are not practical for use as open space, and there are enough open space areas for public use located nearby to serve the needs of the immediate community. Reclassification of sites 1, 2 and 3 will enable Council to consider the future use of the land in line with the existing zoning. This may include development, disposal, or consolidation with the adjoining land.

Site 4 forms part of Soper Place Car Park and requires reclassification for consistency with the existing car park lots, which are already classified as Operational Land. Council has committed to the delivery of a new multi deck car parking facility on the eastern portion of Soper Place Car Park.

Council’s ownership of the land including the acquisition of the sites, the reasons for acquisition and the nature of any trusts are provided in Appendix 8 of the Planning Proposal. Other interests in the land can be found in Appendices 1, 2, 3 & 4 of the Planning Proposal.

In accordance with LEP Practice Note PN16-001 when the Governors approval is required this report must, in addition to other matters, address “how funds obtained from any future sale of the land will be used”. Should there be potential sale or development of the land in the future, all proceeds will be retained in the property reserve. Council’s long-term financial plan indicates payment of a $1.8M dividend from the property reserve into general revenue by FY21/22. General revenue is used to fund a number of operational activities including open space improvements / asset renewal. By creating a sustainable revenue stream alternate to rates income, Council can continue to fund open space improvements across the Local Government Area. Further information on Council’s property ownership, interests and how funds are intended to be used is provided in Appendix 5 of the Planning Proposal.

Public authority referral

The Gateway Determination required the Planning Proposal to be referred to the NSW Rural Fire Service prior to exhibition. A response was received on 7 March 2019 indicating that no additional actions were required in order to comply with Ministerial Direction 4.4, Planning for Bushfire Protection.

The Planning Proposal has been updated to reflect this response, and no further amendments to the Planning Proposal were required. The referral response from NSW Rural Fire Service is provided as Appendix 13 of the Planning Proposal.

Public exhibition

Public exhibition of the Planning Proposal commenced on Monday 8 April 2019 and concluded on Friday 17 May 2019. During the public exhibition, one submission was received from Endeavour Energy.

The submission raised the following issues, our responses are summarised in Table 2 below.

Table 2:

Issue	Response
Network connection and capacity	Public infrastructure availability has been addressed in Part 3, Question 10 of the Planning Proposal in response to the submission received from Endeavour energy. The Planning Proposal has been amended to identify that public infrastructure requirements associated with any future development on the land would be assessed in detail as part of any development application(s) submitted for the sites, given that the scale and nature of any future development may vary.
Urban Network Design – technical specifications supplied	These considerations are specific to the future development, which does not form part of the Planning Proposal. The submission was provided to the proponent on 28 August 2019 for consideration during any future development application.
Earthing – construction work to comply with provided specifications
Vegetation Management – tree planting and landscaping to be restricted in proximity to Endeavour Energy’s assets
Dial Before You Dig service to be used prior to construction works
Public Safety – noted that relevant brochures and policies were provided as attachments to the submission

The Planning Proposal was updated in response to the submission, and no further amendments to the Planning Proposal were required. The submission has been provided to the proponent to inform future planning for the site.

Public hearing

Sections 29 and 47G of the 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.

A public hearing for the planning proposal took place on 11 September 2019 from 6.00pm to 7.00pm in Penrith Civic Centre. No community members attended the public hearing, and no submissions were received.

The final Public Hearing Report was received from the independent chair of the public hearing on 25 September 2018 and was made publicly available on 26 September 2019. The Penrith Your Say website has been updated and posters supplied in council offices to notify the community that the report is available. The report is provided as Attachment 2.

A summary of the Public Hearing Reports recommendations is provided below:

· The Public Hearing and associated processes have been undertaken in accordance with the relevant planning instruments

· That the Planning Proposal be made publicly available and the submitter notified

· That the process of reclassifying the land should proceed subject to:

a. meeting all statutory requirements

b. conditions in the Gateway determination,

c. considering the submission received during public exhibition, and

d. following due process in progressing the Planning Proposal.

The report concluded that the Public Hearing and Reporting process has satisfied all relevant legislative requirements to date.

As no submissions were received at the public hearing, no changes to the Planning Proposal are recommended in response to submissions received during the public hearing.

Independent Peer Review

An Independent Peer Review was commissioned to ensure that the Planning Proposal process is reasonable and sound, and to offer transparency in the Planning Proposal process given the sites are owned by Council. The Independent Peer Review Report is provided as Attachment 3.

The 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.

The Independent Peer Review concludes that: “This report has examined the statutory obligations of Council under Division 3.4 of the Environmental Planning and Assessment Act 1979 and Chapter 6, part 2 of the Local Government Act 1993 with respect to the Planning Proposal. Having regard to the assessment of the statutory provisions and processes it is concluded that the process Council has undertaken is both reasonable and sound.”

No changes to the Planning Proposal are required in response to the Independent Peer Review.

Conclusion

The Planning Proposal was referred to the NSW Rural Fire Service, who raised no objections. The Planning Proposal was publicly exhibited, and a public hearing was conducted. One submission was received and has been addressed. The independent public hearing and peer review reports concluded that due process has been followed and concluded that the Council should proceed through the Gateway process.

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.

Next Steps

If Council adopts the proposed recommendations below, the following next steps will be undertaken:

1. The Planning Proposal will be updated.

2. Council officers submit the Planning Proposal to the Department of Planning, Industry and Environment as delegates of the Minister for Planning and Public Spaces, in accordance with the plan making process for proposals where Council has not received delegation as the plan making authority.

3. The Department of Planning, Industry and Environment:

a. seek the Governors approval to remove the public reserve status of 12A and 32A Champness Crescent and 110A Dunheved Circuit in St Marys,

b. refer the Planning Proposal to the Parliamentary Counsels Office for drafting and finalisation, and

c. make the amendment to Penrith Local Environmental Plan 2010.

4. The submitter will be notified when the Planning Proposal is made.

RECOMMENDATION

That:

1. The information contained in the report on Planning Proposal for 4 sites in Penrith and St Marys be received.

2. Council endorse the Planning Proposal to Reclassify Council owned land from Community to Operational in St Marys and Penrith provided separately to Councillors as an enclosure and available on Council’s website.

3. The General Manager be granted delegation to make any necessary minor changes required to the Planning Proposal before submitting it to the Department of Planning, Industry and Environment.

4. Council officers forward the Planning Proposal to the Department of Planning, Industry and Environment seeking:

i. that an application for the Governors approval to remove the public reserve status of 12A and 32A Champness Crescent and 110A Dunheved Circuit in St Marys be submitted and,

ii. the necessary amendments to Penrith Local Environmental Plan 2010 be made to reclassify Council owned land on four sites in St Marys and Penrith from Community to Operational.

ATTACHMENTS/APPENDICES

1. ⇩	Details of sites 1 to 4	5 Pages	Attachments Included
2. ⇩	Independent Public Hearing Report	41 Pages	Attachments Included
3. ⇩	Independent Peer Review Report	19 Pages	Attachments Included

Policy Review Committee Meeting 21 October 2019

St Marys Town Centre Annual Report 2018-2019 and Business Plan 2019-2020

Compiled by: Rebekah Elliott, City Engagement Coordinator

Authorised by: Jeni Pollard, Place Manager

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 and St Marys Town Centre

Presenters: Martin Coote, Chairperson, St Marys Town Centre Corporation – St Marys Town Centre Corporation 2018-2019 Performance; and

Sue Fryer, Business Development Manager, St Marys Town Centre Corporation – Penrith CBD Business Plan 2019-2020

Executive Summary

The St Marys Town Centre Corporation has submitted their Annual Report and Audited Financial Statements for 2018-2019 and their proposed Business Plan and budget for the remainder of 2019-2020 for Council’s consideration. This report describes the features and provides commentary on the documentation submitted. The report is accompanied by a presentation from the Board of the Corporation.

Attached to this report is the Annual Report and Audited Financial Statement for 2018-2019 and the proposed Business Plan and budget for 2019-2020.

This report recommends that Council receive the information on the Annual Report and Audited Financial Statement for 2018-2019 and endorse the proposed Business Plan and budget for 2019-2020.

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 a business sub category rate from non-residential properties in the Penrith City Centre and St Marys Town Centre and returns these to the Corporations. In 2019-2020, $337,068 (exc. GST) will be paid to the St Marys Town Centre Corporation to undertake the proposed activities as outlined in their Business Plan 2019-2020.

Council and the Corporations have a Deed of Agreement that requires the Corporations to develop a Triennial Business Plan to articulate their direction with an annual report to Council on progress.

On the 13 November 2017 at the Policy and Review Committee, Council endorsed the St Marys Town Centre Corporation’s Triennial Business Plan 2016-2019. The activities described in the Triennial Business Plan are consistent with the need of the St Marys Town Centre Corporation to continue to build their profile with the local businesses and explore opportunities to promote the St Marys Town Centre to local residents, visitors and potential new business operators and property investors.

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

1. Business activity and mix

2. Strong respected brand

3. Engaged business owners

4. Supportive landlords

5. Stakeholder engagement

6. Effective governance

In the 3 year period, the Corporation has been gearing its actions towards the growth of business activity in and around the town centre with the expected increase in population, and the opportunities that arise for local businesses as a result of this growth.

Whilst the Triennial Business Plan 2016-2019 was endorsed in November 2017, Council raised concerns regarding the surplus funds the Corporation was holding and requested that a plan was put forward as to how this surplus would be expended. At the 30 July 2018 Councillor Briefing, a report was received on how the St Marys Town Centre Corporation planned to use their accumulated unspent funds of $549,123.24 as at 30 June 2017. It is noted that there has been limited progress on the expenditure of the unspent funds in the 2017-2018 financial year.

The 2017-2018 Audited Financial Statements indicate an increase of $11,605.97 to $620,480.32 of unspent funds.

Business Plan 2019-2020

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 St Marys Town Centre.

The St Marys Town Centre Corporation have committed to an activation program during the next 12 months that focuses on positive opportunities for businesses and the community in the St Marys Town Centre. They will continue the implementation of a facades improvement program and monthly networking catch-ups.

It is noted that another focus for this financial year will be continuing the implementation of initiatives from the 3 year Surplus Funds Expenditure Plan.

Council continues to work with the Corporation to support their work beyond an events program to present St Marys as a positive and vibrant city centre, with public art, niche shopping and dining opportunities. This approach will capitalise on the significant investment already made by Council via the streetscape works and prepare Queen Street to reposition its offer in line with the upcoming growth, change and development.

The presentation from the Town Centre Corporation that accompanies this report will go into further detail on proposed activity for 2019-2020. A summary of the Corporation’s Annual Business Plan (Attachment 1) and the 2019-2020 budget (Attachment 2) is attached to this report for Council’s consideration

Annual Report and Audited Financial Statement 2018-2019

The Corporation has prepared an annual report on their activities during the 2018-2019 financial year. The report provides an overview of the initiatives and events held during the year from the Spring Festival through to more day to day activities supporting businesses with marketing and building networks.

Notable, the Corporation delivered a successful events program including the Spring Festival, Halloween Trick or Treat, Christmas and Easter Egg Hunt. These events collectively saw approximately 28,000 people visit the St Marys Town Centre.

The Annual Report (Attachment 3) and Audited Financial Statement 2018-2019 (Attachment 4) are attached to this report for Council’s consideration.

Surplus Funds Expenditure 2018-2019

The implementation of strategic activities and initiatives to expend surplus funds will continue to be monitored. In 2018-2019 the surplus funds were utilised to deliver the façade program, website redevelopment and undertaking the initial stages of the branding exercise.

The unspent funds will be further discussed as part of the triennial review process.

Financial Services Manager’s Comment

The St Marys Town Centre Corporation appears to be trading in a sound financial manner. The Corporation recorded a revenue increase of $41,260.02 (13%) to a total revenue of $361,531.46 in 2018-19 ($320,271.44 in 2017-18) and a 2018-19 profit after tax of $19,454.43 ($48,296 in 2017-18). Total expenditure increased by $70,101.84 (26%) in 2018-19 to a total expenditure of $342,077.03 compared to $271,975.19 in 2017-18. The Corporation has a positive level of cash and cash equivalent reserves of $620,480.28 ($608,874.32 in 2018-19) and increased its Equity position to $607,540.10 in 2018-19 from $588,085.67 in 2017-18.

Triennial Review

Every three years a formal, independent review of the performance of the corporations in achieving their business plans is undertaken. The review is undertaken in a cooperative environment and involves the assessment and analysis of the operations and performance of the Corporations’ over the past three years.

Engagement with the corporations including staff and board members has been completed as well as interviews with a range of stakeholder businesses.

The review will make findings on matters that require improvement and provide recommendations for changes where necessary, with the outcomes and recommendations expected to be presented to Council at a briefing in the near future.

For 2019-2020 the existing triennial business plan will carry over for implementation in its last year, whilst the independent impact review is being undertaken. Any agreed recommendations from the review will be implemented over the remainder of the current financial year. Should new frameworks and reporting be recommended it is expected it will come into effect from 1 July 2020. This timeframe will ensure the engagement and delivery of positive outcomes for all stakeholders.

Conclusion

The St Marys Town Centre Corporation has submitted its Annual Report and Audited Financial Statements from 2018-19 and a Business Plan for the remainder of 2019-20 for Council’s consideration.

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

RECOMMENDATION

That the information contained in the report on St Marys Town Centre Annual Report 2018-2019 and Business Plan 2019-2020 be received.

ATTACHMENTS/APPENDICES

1. ⇩	St Marys Town Centre Business Plan 2019-2020	18 Pages	Attachments Included
2. ⇩	St Marys Town Centre Annual Report 2018-2019	30 Pages	Attachments Included
3. ⇩	St Marys Town Centre Audited Financial Statement 2018-2019	23 Pages	Attachments Included

Policy Review Committee Meeting 21 October 2019

Kingswood Pedestrian Lighting Audit and Strategy

Compiled by: Rebekah Elliott, City Engagement Coordinator

Authorised by: Jeni Pollard, Place Manager

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 and St Marys Town Centre

Executive Summary

The draft Kingswood Pedestrian Lighting Strategy promotes pedestrian safety, amenity and way finding. It aims to enhance peoples’ experience of the Kingswood centre at night. It provides Council with a clear approach to addressing identified issues with the existing lighting levels within the area from Somerset Street to Chapman Gardens, Kingswood.

The following report provides an overview of the development of the draft Kingswood Pedestrian Lighting Strategy including the project background, process undertaken to date and key findings.

The report recommends that Council adopt the draft Kingswood Pedestrian Lighting Strategy (separately enclosed for the information of Councillors).

Background

Council understands and acknowledges the importance of the trading area within Kingswood that runs along the Great Western Highway and around on to Bringelly Road, Kingswood. It connects Kingswood’s busy public transport hub with local business, Western Sydney University and Nepean Hospital precincts. Improving the pedestrian experience at night aims to enhance safety and amenity, support the local night-time economy and improve perceptions of safety in the Kingswood trader's area and adjoining pedestrian routes.

A lighting strategy promotes pedestrian safety, amenity, way finding and enhances peoples’ experience of an area at night. Apart from the utilitarian role that lighting plays, it is important that any strategy for lighting reinforces a sense of place and is a mode for creative and artistic expression.

During the development of the Kingwood Community Plan endorsed by Council 12 November 2018 one of the key issues identified by residents was safety and the perception of safety moving through Kingswood. Many residents use public transport to commute to work and move through the Kingswood trading area to access rail services. Lighting, along with activation is a key strategy in addressing these issues.

The Kingswood Pedestrian Lighting Strategy will contribute to the identity of the place and serve as a medium to creating safer spaces for residents, workers, students and visitors at night.

The project had four key objectives:

· Understand the current pedestrian lighting levels.

· Identify options for pedestrian lighting treatments in the study areas.

· Identify opportunities for creative lighting in the study areas.

· Consideration to the redevelopment of Nepean Hospital and how this may contribute to a 24-hour environment along the Great Western Highway.

Scope of study

Two study areas as defined by the blue boundaries were chosen for the audit as shown in the maps below. In summary, the scope of the study was to include:

1. Kingswood Traders Precinct – footpaths

2. Peripheral residential streets

3. Places where people may expect to congregate or travel through, in and around the centre such as parks

Study area 1 was the Great Western Highway and Bringelly Road, Kingswood.

Study area 2 was along the Great Western Highway, through Chapman Gardens to the Western Sydney University Kingswood Campus.

Process

Council engaged Lighting Art and Science following a competitive process to undertake a lighting audit and develop a strategy to support safer, well-lit public spaces for people living, studying, or working in Kingswood. Lighting Art and Science had previously undertaken work for Council including the pedestrian lighting design for Queen Street, St Marys. Lighting Art and Science demonstrated throughout the process their capacity to manage the technical aspects of the work, starting with the lighting audit.

Findings from the Lighting Audit

Overall the lighting audit of pedestrian pathways in the two study areas and peripheral residential streets found the lighting assessed to be of a reasonable quality.

The pedestrian lighting level audit assessed the lighting levels measured throughout the study areas and adjoining peripheral residential areas against the five lighting sub categories for roadways, pedestrian paths and laneways in the Australian Standards for Pedestrian Category Areas (AS/NZs 1158.3 Pedestrian Area Lighting). The categories range from the highest standard of P1 to the lowest of P5. The lighting subcategory achieved in each area was then compared to the targets set in Council’s Public Domain Lighting Policy. To note, Council’s policy is consistent with the Australian Standards for Pedestrian Category Areas.

Footpath lighting along streets was assessed to be compliant. However, there was a level of variability in the lighting levels recorded. Most footpaths included some segments that fell below the standards. This was in some instances due to the age of the Endeavour Energy asset or due to street trees casting shadows over the footpath.

Lighting levels were lower on footpaths along the periphery residential streets with minimum standard observed. Council’s target has a required level of P3 in these areas with most achieving P4, which is compliant with Australian Standards.

Three footpaths in public spaces were audited, all of these were found to fall below standards, including Red Cross Park, Wainwright Park and Chapman Gardens.

Pedestrian Lighting Strategy

The Strategy will guide Council in achieving best practice in the management of pedestrian lighting assets, including street lighting, pathway and open space lighting.

The role of the strategy is to promote pedestrian safety, improve amenity, assist with way finding, minimise energy use and enhance peoples experience in the Kingswood Traders Precinct at night.

The strategy has three key focus areas:

· Functional Lighting - identifies the key issues and actions relating to lighting which provides the ‘base’ level of illumination to assist pedestrians to move about safely and comfortably.

· Creative Lighting - introducing lighting which makes the centre more attractive, reinforces a sense of place, is used to highlight certain spaces and as a mode of creative and artistic expression.

Implementation

Council was successful in receiving $400,000 through the Federal Government Safer Communities Program for a pedestrian lighting treatment in Kingswood. This funding will be used to implement the first stage of pedestrian lighting in Kingswood, focussing on Bringelly Road, Wainwright Park and Red Cross Park over the 2019 - 2020 financial year.

Maintenance and broken light fittings that contribute to poor perception of lighting will be followed up accordingly with Endeavour Energy. The other outstanding lighting project is to deliver pedestrian lighting across Chapman Garden at standard as the current lighting is inconsistent and at some points falls below desirable levels. Funding options will be investigated for this project.

It is proposed that the creative lighting elements will be designed and installed within existing program budgets according to a planned program. Staff will work collaboratively to identify potential funding opportunities to support the implementation of projects, where available.

Conclusion

The draft Kingswood Pedestrian Lighting Strategy supports Council in further activating the Kingswood Traders Precinct, particularly through the installation of creative lighting elements to further facilitate activation, improve safety and the amenity of key public spaces at night.

It is proposed that creative lighting installs will be scheduled and undertaken within existing delivery program budgets. Staff will work collaboratively to identify potential funding opportunities to support the implementation of projects, where available.

RECOMMENDATION

That:

1. The information contained in the report on Kingswood Pedestrian Lighting Audit and Strategy be received

2. The draft Kingswood Pedestrian Lighting Strategy be adopted.

ATTACHMENTS/APPENDICES

There are no attachments for this report

Policy Review Committee Meeting 21 October 2019

Draft CCTV Strategy 2019-22

Compiled by: Olivia Kidon, Community Safety Co-ordinator

Authorised by: Jeni Pollard, Place Manager

Outcome	We have safe, vibrant places
Strategy	Make our public places safe and attractive
Service Activity	Maintain a Community Safety Plan for the City

Executive Summary

The Draft Closed Circuit Television (CCTV) Strategy 2019-22 establishes the purpose, principles and requirements for the installation, management and maintenance of CCTV systems owned and operated by Penrith City Council. The Draft Strategy has been developed to support the progressive expansion of Council’s CCTV Program to ensure that future installations are unified and in line with Council requirements and industry standards.

The need for a CCTV Strategy was identified following the federally funded Public Spaces CCTV Project in 2017 which included the installation of CCTV systems in the Penrith City Centre and St Marys Town Centre. This project was Council’s first venture into CCTV installation in large scale public space locations.

The Draft CCTV Strategy (Attachment 1) has been developed and provides an overarching policy on the installation, management and maintenance of CCTV cameras throughout public space locations and Council assets in the Penrith LGA going forward.

Amlec House Pty Ltd, a Security and Risk Management Consultancy was engaged by the Place Management department to develop the strategy, with guidance from City Assets and Information Communication Technology (ICT) departments.

This report recommends that the information contained in the report on Draft CCTV Strategy 2019-22 be received; and that the Draft CCTV Strategy 2019-22 be endorsed..

Background

In recent years, advances in technology and concerns for safety have seen an increase in the use of CCTV as a tool by local governments both nationally and internationally to assist in the detection and prevention of criminal activity and to enhance the safety of identified public spaces. A large number of local councils have implemented CCTV programs in public spaces as part of their broader program of community safety and crime prevention initiatives.

In line with this trend and technological advances, Council’s CCTV Program has gradually expanded to include additional locations (both Council assets and identified public spaces) in response to crime and safety issues. Requests for new camera installations are received from community stakeholders, local police and Council departments regarding the possibility of installing CCTV cameras at other public space and Council locations. Federal and State Government funding also continues to be made available for the installation of CCTV.

The Penrith City Council Public Spaces CCTV Program is a community safety initiative which forms one component of Council’s broader strategy to minimise crime and enhance the safety of public spaces in the Penrith Local Government Area (LGA). Research suggests that on its own CCTV is not considered an effective long-term crime prevention strategy, and rather must be used as part of a coordinated response to address identified crime and perceived safety problems.

The complexities of establishing a CCTV program with the high-costs of installation and the relatively higher cost of management, maintenance and legal considerations requires a clear policy framework.

The Draft CCTV Strategy 2019-22

The Draft CCTV Strategy 2019-22 (Attachment 1) aims to support the CCTV program and outlines the aims, protocols and underlying principles. This is in addition to Penrith City Council’s Public Spaces CCTV Code of Practice, developed in 2010 to guide the management and operation of Council’s CCTV Program in accordance with relevant legislation. The Code of Practice is also accompanied by a set of Standard Operating Procedures (for Council staff) and Police Local Area Agreement (for police) to follow for the operation and management of the CCTV Program.

The Draft CCTV Strategy has been developed to assist in navigating requests for new camera installations and funding opportunities by providing direction for the installation, management and maintenance of Council managed CCTV systems in public space.

The three key areas of the Strategy include:

· Strategy 1: Operations – establishes the important day-to-day roles and responsibilities, allocation of resources, managing cost and measuring performance.

· Strategy 2: Expanding – sets out a cyclical path to achieve system based unification and expanding the CCTV network into the future. The strategy is based on findings of an independent technical evaluation and the opportunities identified for greater efficiency in operation.

· Strategy 3: Funding – establishes the funding arrangements for the CCTV network to achieve technical efficiencies with greater planning established for system unification and expansion.

The Strategy provides clear guidance on the management of new CCTV locations against consistent criteria with the following requirements:

1. Crime Prevention Through Environmental Design (CPTED) assessment support for the requested location.

2. Alignment with the Community Safety Plan 2018-22.

3. Technical and financial viability to install and operate a CCTV camera at the location.

The Strategy has been developed by the Place Management Department with guidance from the City Assets and Information Communication Technology (ICT) departments. Amlec House Pty Ltd, a Security and Risk Management Consultancy was engaged to develop the strategy and lead consultant Chris Cubbage presented the draft Strategy to a Councillor Briefing on 2 September 2019. The presentation was well-received with no significant issues raised in relation to the Draft Strategy.

Next steps

The development of the Draft CCTV Strategy 2019-22 provides an overarching guiding policy on the installation, management and maintenance of CCTV cameras throughout public space locations and Council assets in the Penrith LGA going forward.

This report recommends the endorsement of the Draft CCTV Strategy 2019-22. When endorsed, the Strategy will be circulated to Council departments involved in CCTV related roles and responsibilities to ensure that CCTV is managed in a strategic, effective manner to enhance the safety and security of council buildings, assets and public spaces.

RECOMMENDATION

That:

1. The information contained in the report on Draft CCTV Strategy 2019-22 be received.

2. The Draft CCTV Strategy 2019-22 be endorsed.

ATTACHMENTS/APPENDICES

1. ⇩

Draft CCTV Strategy 2019-22

27 Pages

Attachments Included

Outcome	We have confidence in our Council
Strategy	Be open and fair in our decisions and our dealings with people
Service Activity	Undertake the audit program as agreed with the Audit Risk and Improvement Committee to ensure Council’s operations are ethical and efficient