Council_Mark_POS_RGB

2 December 2020

 

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 remotely using ausio visual links and audio streamed on the Council website on Monday 7 December 2020 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 - 9 November 2020.

 

4.           DECLARATIONS OF INTEREST

Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)

Non-Pecuniary Conflict of Interest – Significant and Less than Significant (The Code of Conduct requires Councillors who declare a significant non-pecuniary conflict of interest in an item to leave the meeting during discussion of that item)

 

5.           ADDRESSING THE MEETING

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

 

8.           NOTICES OF MOTION

 

9.           DELIVERY PROGRAM REPORTS

 

10.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

11.         URGENT BUSINESS

 

12.         CONFIDENTIAL BUSINESS


POLICY REVIEW COMMITTEE MEETING

 

Monday 7 December 2020

 

table of contents

 

 

 

 

 

webcasting notice

 

 

meeting calendar

 

 

confirmation of minutes

 

 

DELIVERY program reports

 


 

 

 

 

 

 

WEBCASTING NOTICE

 

Please note that tonight’s meeting other than the

confidential sessions are being recorded and will be

placed on Council’s website. All in attendance should

refrain from making defamatory statements. Council

takes all care when maintaining privacy, however

members of the public gallery and those addressing

Council should be aware that you may be recorded.

 


Council_Mark_POS_RGB2020 MEETING CALENDAR

January 2020 - December 2020

(adopted by Council - 25 November 2019 & amended - 25 March 2020, 3 June 2020 & 28 September 2020)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.00pm

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

24@

23

27v

25#

22*

27

24@

  28^ü

26

30#+

14

Policy Review Committee

7.00pm

 

10

 

 

 

 

 

10

 

 

9

7

 

 

 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 2019- 2020 Annual Statements are presented

 

Meeting at which any comments on the 2019-2020 Annual Statements are adopted

 +

Meeting at which the Annual Report is presented

 

 

-            Extraordinary Meetings are held as required;

-            Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).

Should you wish to address Council, please contact Governance Coordinator, Adam Beggs on 4732 7597.

 



UNCONFIRMED MINUTES

 OF THE POLICY REVIEW COMMITTEE MEETING OF PENRITH CITY COUNCIL HELD REMOTELY USING AUDIO VISUAL LINKS AND AUDIO STREAMED ON THE COUNCIL WEBSITE ON MONDAY 9 NOVEMBER 2020 AT 7:03PM

 

WEBCASTING STATEMENT

Her Worship the Mayor, Councillor Karen McKeown OAM read a statement advising that Council Meetings are recorded and webcast.

PRESENT

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

 

APOLOGIES

PRC18  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Kevin Crameri OAM that apologies be received for Councillors Bernard Bratusa and Aaron Duke.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 10 August 2020

PRC19  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Robin Cook that the minutes of the Policy Review Committee Meeting of 10 August 2020 be confirmed.

 

DECLARATIONS OF INTEREST

 

Councillor Tricia Hitchen declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 – St Marys Town Centre Annual Report, as she is on the Board of the St Marys Town Centre Corporation.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 4 - We have safe, vibrant places

 

1        St Marys Town Centre Annual Report                                                        

PRC20  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on St Marys Town Centre Annual Report be received

2.     Council receive information on the Annual Report and Audited Financial Statement for 2019-2020 of the St Marys Town Centre Corporation.

3.     Council endorse the St Marys Town Centre Corporation’s Key Performance Indicators for 2020-2021.

 

2        Think Bold Kingswood Place Plan                                                              

PRC21  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Tricia Hitchen

That:

1.     The information contained in the report on Think Bold Kingswood Place Plan be received

2.     Council endorse the Think Bold Kingswood Place Plan

 

 

Outcome 7 - We have confidence in our Council

 

3        ARIC & Internal Audit Annual Reports                                                       

PRC22  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Ross Fowler OAM that the information contained in the report on ARIC & Internal Audit Annual Reports be received.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:30pm.

    


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Outcome 1 - We can work close to home

 

1        Penrith City Children's Services Cooperative Ltd                                                              1

 

Outcome 2 - We plan for our future growth

 

2        39 Henry Street, Penrith Planning Proposal, DCP and VPA        

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  9

 

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 1 - We can work close to home

 

Item                                                                                                                                       Page

 

1        Penrith City Children's Services Cooperative Ltd                                                              1

 

 

 



Policy Review Committee Meeting                                                              7 December 2020

 

 

 

1

Penrith City Children's Services Cooperative Ltd   

 

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

Authorised by:            Linda Ross, People and Children Manager  

 

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 Penrith City Council’s Children’s Services, that are managed by the Penrith City Children’s Services Cooperative (PCCSC), for the period July 2019 to June 2020. This 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 2020-21.

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 43 services in 26 facilities including 18 long day care centres, 5 preschools, 14 before and after school care services and 6 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 last year took on Oxley Park Public School for a 1-year contracted period which has just been extended for another 3 years. Approximately 4,000 children aged 0-12 years attend the services managed by the Board annually with approximately 322 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 pillars in the Board’s Strategic Plan – We Deliver our families promise; We love to work here; The right service in the right place; We use resources wisely and Being our best. It is pleasing that several key primary actions within these pillars 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 and therefore is a key performance indicator. For the cumulative period July 2019 to June 2020, of the five components of Children’s Services managed by the Board, one achieved or exceeded projected utilisation targets. Preschool, After School Care, Vacation Care and Long Day Care tracking below Year to Date utilisation target because of the impacts of COVID-19.

 

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 2021.

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 137 young people have taken part throughout the year. This photography program was showcased at the annual Early Childhood Australia conference and the Lewer’s Gallery in 2019.

 

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 $940,077 from the Cooperative’s reserves, have been completed during the financial year. The Board is also making provision for large building upgrades with $934,000 spent on building renewals programs which included Tandara, Wattle Glenn and Strauss Road Children’s Centres.  Platypus, Cook Parade, Werrington County and Jamisontown Children’s Centres are scheduled for building renewals in the 2020-2021 financial period.

 

Enrolment of Aboriginal and Torres Strait Islander Children

For the 2019-20 reporting period we had a 1.2% 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. Inclusion Development 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 125 children with diagnosed additional needs and disability.

 

Curriculum Implementation

Many children's attendance patterns were affected 2019/2020 due to COVID-19 and therefore we had to develop innovative strategies to support families at home with children. We provided online information sessions that supported their child's learning and development while they were absent from care. We maintained relationships with children and families and provided material packs they could use at home for collection.

 

Working from home arrangements for staff during COVID-19 allowed broad curriculum learning to occur which included the completion of relevant e-learning modules and online training sessions. Educators moved to a digital platform with little support and this has allowed us to build professional development and critical reflection for staff. All educators also attended training in relation to guiding the behaviour of children and we continue to embed training in this area into all areas of curriculum planning. We also delivered an e-learning module on Active Supervision which was completed by all staff and gave them clear information about their role in keeping children safe. 

 

Outcomes from Assessment and Rating

All services have been assessed and rated under and we continue to have excellent results with 100% of services rated as meeting or exceeding the standard, which is well above the state and national averages.  Cook Parade was booked to be assessed in March this year but has been put on hold due to COVID-19.

 

Children’s Services Business Approach

During the financial year, Children’s Services strengthened its business model approach to the management of centres. Productivity initiatives that occurred in 2019/2020 included: the review and implementation of a base model staffing template that more precisely aligns staff with centres based on utilisation fluctuations throughout the year; information technology remediation including the roll-out of IPADS to support online learning during COVID-19; upgrades to HubHello software for the management of fee payment and billing and the recruitment of the Technical Tradesperson to manage outdoor maintenance programs. Several successful marketing and awareness campaigns also occurred during this financial year including social media campaigns for Mothers and Father’s Day and the development of a new website which has seen a 50% rise in traffic over the last 12 months.

 

Penrith City Council Children’s Services were also committed to supporting the health and wellbeing of staff during this financial period and therefore ensuring staff were provided with opportunities to participate in health and wellbeing activities. In the last 12 months over 254 employees participated in the Corporate Global Step Challenge where staff were encouraged to reach 10,000+ steps per day. Staff were also given the opportunity to attend a Health Expo which included a range of health stands and information.

 

Staff were recognised as our greatest asset, and this was reflected in the parent satisfaction survey that was rolled out in October 2019. To recognise the hard work that staff contribute a ‘Kick Off’ awards celebration occurred in January 2020 to reward staff in several categories which included ‘Leader of the Year’ and ‘Educator of the Year’. This celebration concluded with an inspirational presentation from Sam Bloom based on her resilience and ability to overcome adversity

 

 

 

COVID-19

COVID-19 has significantly impacted the operations of Children’s Services in the 2019/2020 financial period. Utilisation across all service types slumped with long day care falling below 40% in May this year. Federal and State funding packages has assisted through the pandemic by providing financial support with free preschool from the State Government continuing through to the end of 2021. 

All services have remained open during the COVID-19 crisis with Children’s Services implementing several actions to ensure staff and children have been supported and provided with continuity of care.

 

These actions have included:

 

·      Parents dropping off and picking up children in the centre foyer/ or before entry into the rooms, where possible.

·      Vigorously ensuring unwell children are excluded from centres.

·      Introduction of temperature checks for children, staff and visitors to the centre as well as the roll-out of Masks to staff.

·      Rigorous cleaning of touch point surfaces throughout the day including daily and weekly cleaning of buses.

·      QR codes for visitors and contractors.

Financial Results  

The services managed by the Cooperative reported an operating surplus from ordinary activities of $81k for the 2019-20 year. This surplus result is after a contribution from Council of $90k as well as transfers to several operational reserves of $2.0m 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 $23.3m which is a decrease on original budget projections due to COVID-19 which resulted in long day care, preschool and OSHC not meeting their budgeted utilisation targets.  Grant funding of $2.9m was provided by both the State and Federal Government. This is an increase of $200k compared to last financial year. 

 

Employee Costs for 2019-20 were $22.9m which is an increase of 9.6% compared to the previous year due to COVID-19 impact. As expected, employee costs account for the largest category of expenditure and comprise 83.4% of the total cost of the Cooperative’s operations.  In 2019-2020 the Cooperative 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 $2.5m which is an increase of 11.2% upon last year’s result. This was largely the result of increased expenditure at several Centres due to lower utilisation levels being achieved across long day care and preschool as compared to the previous financial year as well increased start up expenditure for Oxley park OSHC.

 

Council’s commitment to directly supporting the initiatives undertaken by the Cooperative is reflected by the subsidy provided to the Cooperative’s operations of $90k. 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 2019-20 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 2019-20 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 ongoing uncertainty and challenges with COVID-19 and the potential impacts to State Government Start Strong 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 2019-20 there were no significant changes in the operations of the Cooperative. The Annual General Meeting was held in October 2020. 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  


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                       Page

 

2        39 Henry Street, Penrith Planning Proposal, DCP and VPA  

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  9

 

 

 



Policy Review Committee Meeting                                                              7 December 2020

 

 

 

2

39 Henry Street, Penrith Planning Proposal, DCP and VPA   

 

Compiled by:               Joel Carson, Senior 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

The purpose of this report is to present the outcomes of a public exhibition and agency consultation undertaken for a Planning Proposal which seeks to amend the Penrith Local Environmental Plan 2010 (LEP 2010) in relation to the land known as 39 Henry Street, Penrith.

 

The Planning Proposal seeks to increase the maximum permissible floor space for development on the site to encourage its redevelopment with a new mixed-use development under Clause 8.7 Community Infrastructure on certain key sites.

 

The Planning Proposal was placed on public exhibition from 12 November and 10 December 2018. During the exhibition Council received 24 public submissions. The key issues raised in submissions received are addressed in this report. These relate to matters regarding height, bulk and scale, infrastructure, traffic and parking.

 

After a period of negotiation with the proponents, a letter of offer has now been received from the proponent to enter into a Voluntary Planning Agreement (VPA) to deliver certain traffic infrastructure works. The report presents a proposed offer, and proposed changes to the Penrith Development Control Plan 2014 (DCP 2014), which support the Planning Proposal.

 

The report seeks Council’s resolution to endorse the Planning Proposal and changes to DCP 2014, subject to conditions.

 

Background

 

At its Policy Review Committee meeting of 14 May 2018, Council resolved that a Planning Proposal for 39 Henry Street, Penrith, be amended and then submitted to the Department of Planning, Industry and Environment (DPIE) to request a Gateway determination. A Gateway determination was issued on 27 September 2018, enabling public exhibition and agency consultation for the Planning Proposal to occur, subject to certain Gateway conditions being first addressed.

 

The subject site comprises 2 lots within Key Site 7. These 2 lots are zoned B4 Mixed Use under LEP 2010, with a maximum Floor Space Ratio (FSR) control of 3.5:1, and a maximum height control of part 24m and part 32m.

 

Clause 8.7(4)(c) of LEP 2010 currently allows for development of Key Site 7 to achieve an FSR of 5:1 if community infrastructure is provided in return for the additional floor space, as per Council’s Community Infrastructure Policy. If Clause 8.7(4)(c) is utilised, no height control applies to the site.

 

A map of the subject land is provided at Attachment 1.

 

The Planning Proposal seeks to increase the maximum permissible floor space for development on the site to encourage its redevelopment with a new mixed-use development. The currently proposed redevelopment, which would also require Council’s development consent, could be up to 34 storeys high and contain 445 apartments, a 100-room hotel, and ground floor commercial and retail premises.

 

The Planning Proposal seeks to amend Clause 8.7(4)(c) of LEP 2010 by increasing the maximum FSR possible on the subject site (the 2 lots within Key Site 7), being 8.5:1 for the westernmost lot and 6.5:1 for the easternmost lot. This would thereby increase the total FSR achievable under Clause 8.7(4)(c) for the subject site and for Key Site 7.

 

A copy of the Planning Proposal is provided at Attachment 2.

 

Local Planning Panel Advice

A report on this Planning Proposal was not required to be presented to the Local Planning Panel, as the Planning Proposal was endorsed by Council ahead of the new requirements to seek advice from the Panel from 1 June 2018.

 

Public exhibition and agency consultation

 

The Planning Proposal was publicly exhibited between 12 November and 10 December 2018. During the exhibition Council received 24 public submissions. The main issues raised in these submissions were:

 

§ Suitability of the envisaged building height, bulk and scale in the context of the locality, impact on views, quality of design, impact on character and heritage in the locality. Concern was raised that the envisaged building height of 34 storeys is excessive and not appropriate, as it is out of character with the locality, may cause overshadowing, and impact on view lines and scenic values. Concern was raised that the development itself would not be visually attractive or achieve desirable visual outcomes that are appropriate for the locality, particularly given the subject site is nearby the Lemongrove heritage conservation area.

§ Merits and justification for the development type and intensification of site, including amenity impacts and adequacy of supporting infrastructure and services. Concern was raised in respect to potential impacts on the amenity of surrounding areas, such as noise generation, and reduction in privacy. Concern was raised that supporting infrastructure services and infrastructure such as water, power etc is not sufficient to support the future development.

§ Traffic generation, road congestion, suitability of the site location, parking demand, availability of public transport. Concern was raised that the existing traffic conditions in the locality are problematic in respect to the occurrence of traffic congestion and a shortage of parking, and that the envisaged development would generate significant amounts of traffic that would exacerbate these issues.

 

A table containing details of the issues raised in submissions is provided at Attachment 3.

 

In response to concerns raised in submissions, Council officers have negotiated a reduced proposed FSR, and negotiated a contribution from the proponent to undertake road improvements in the vicinity of the site.

 

It is noted that currently LEP 2010 Clause 8.7 Community Infrastructure removes the applicable building height control from a development site if the development proposal utilises the provisions of that clause. The building height envisaged by the proponent therefore cannot be restricted, however Council can utilise the FSR to restrict the size and intensification of development of the site. Therefore, the negotiated reduction in the proposed FSR responds to the issues raised in respect to bulk and scale, building height etc.

 

The negotiation of a contribution from the proponent to undertake road improvements in the vicinity of the site is a result of seeking some rectification in traffic impacts as raised in submissions.

 

In respect to concerns raised over amenity and envisaged development design, these issues can be addressed as part of a future Development Application process.

 

In respect to agency submissions received, these are supportive of the Planning Proposal. The NSW State Emergency Service raises no issues in respect to flooding and evacuation. Sydney Water and Endeavour energy raise no objection to the proposal.

 

Throughout 2019 and 2020 several processes were undertaken to address the matters raised in submissions, including the reporting of the proposal to Council’s Urban Design Review Panel for consideration and advice, the proponent’s preparation of an urban design analysis, the proponent’s preparation of a traffic analysis, the receipt of outstanding agency submissions, the determination of an appropriate FSR control to apply to the site, and the negotiation of terms for a VPA for the proponent to provide a traffic contribution.

 

Floor Space Ratio control

 

In response to the submissions received, Council officers have negotiated a reduction to the FSR sought by the Planning Proposal. The two subject lots were proposed to have their maximum FSR increased under Clause 8.7(4) from 5:1 to 6.5:1 and 8.5:1 respectively. However, the proponent has now agreed to revise the proposal to allow for a smaller increase from 5:1 to 6:1 across the two subject lots. The reduced FSR of 6:1 is comparable to other key sites which are prescribed with a similar FSR control.

Please note that the base FSR of 3.5:1 remains the same and the additional FSR is only triggered if the application utilises Clause 8.7 in relation to delivery of Community Infrastructure.

Council officers also recommend that the new 6:1 FSR is applied to all of Key Site 7, which contains the two subject lots, in the interest of equity. To inform this view, Council officers undertook a FSR and Gross Floor Area (GFA) analysis to compare several potential development outcomes for all of Key Site 7 and address public submissions around bulk and scale. The analysis concluded that a comparable GFA outcome could be achieved on all of Key Site 7 under a 6:1 FSR compared to the allowing the larger increase in FSR on only the two subject lots.

Thus, enabling a 6:1 FSR on all of Key Site 7 was considered to be a more equitable outcome compared to the changes sought in the Planning Proposal. A separate Planning Proposal process can be pursued for the remainder of Key Site 7, under the provisions of Clause 8.7(4) and in the context of further strategic work that is to be undertaken by Council officers in the Penrith City Centre. This process will further consider and determine the appropriate FSR to nominate for Key Site 7 in the context of this further work.

If the changes to all of Key Site 7 were to be pursued in this current Planning Proposal process, this would likely require a revised Gateway determination and re-exhibition, given that the Planning Proposal would be significantly altered. The proponent has prepared a substantial amount of analysis to support the Planning Proposal in its current form (applying to only 2 lots) and it is warranted therefore that this current Planning Proposal is taken to its conclusion, given it is in the final stages of the Planning Proposal process.

VPA offer for traffic contribution

The proponent has submitted a VPA offer in respect to provision of a traffic contribution to support the Planning Proposal. The proposed traffic contribution is informed by the proponent’s updated traffic analysis and is intended to address the impacts as a result of the development of the site. The undertaking of this updated traffic analysis has been overseen by officers of Council and Transport for NSW, with inputs also utilised from available data in Council’s City Centre traffic model.

A copy of the VPA offer is provided at Attachment 4.

The VPA offer seeks for the proponent to deliver the following infrastructure as works in kind:

§ Delivery of a new 40m long left turn lane on Evan Street, southbound into Henry Street.

§ Delivery of a new 55m long right turn lane on Henry Street, westbound into Evan Street.

Council officers are currently considering the VPA offer and intend to report the matter to Council in early 2021 for consideration.

Should the proposed VPA offer be endorsed by Council, a full Planning Agreement will be prepared, publicly notified and executed to reflect the terms agreed in the VPA offer.

DCP amendment

 

Should the Planning Proposal be supported, Council officers will prepare an amendment to DCP 2014 to nominate design principles and an envisaged development layout for the subject site (2 lots within Key Site 7) consistent with the amended planning proposal. This will assist in guiding the future development of the site under the revised FSR controls sought in this Planning Proposal.

 

It is anticipated that a brief set of design controls for the subject site will be provided in the Penrith City Centre chapter of DCP 2014, being Chapter E11 Part A, under Controls for Special Areas (Chapter 11.7). The draft DCP amendment will be reported to Council to be exhibited.

 

Next steps

 

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

1.   Council officers will complete their assessment of the VPA offer presented in this report. Once the terms of the VPA offer are agreed, the VPA offer will be reported to a Council meeting in early 2021 for Council’s consideration.

2.   Should Council endorse the VPA offer, a Planning Agreement will be prepared, then publicly notified, and executed by Council and the proponent.

3.   A draft amendment to DCP 2014 will be reported to Council for consideration to endorse for public exhibition.

4.   Should Council endorse the draft DCP, this will then be publicly exhibited, then reported to Council for consideration for endorsement. The DCP would be brought into force upon commencement of the LEP amendment sought by this Planning Proposal.

5.   This Planning Proposal will be amended in accordance with the changes outlined in this report, and then be forwarded to DPIE upon execution of the Planning Agreement, to request making of the LEP amendment.

6.   A future LEP review by Council will include the remainder of Key Site 7 to increase the FSR permissible under Clause 8.7 from 5:1 to 6:1.

 

Financial implications

 

The Planning Proposal is supported by a proposed VPA offer that is currently under consideration by Council officers. The proposed VPA offer encompasses the delivery of road improvements by the proponent as works in kind.

 

Risk implications

 

There is a risk that Council and the proponent will not agree on the proposed VPA offer and not execute a Planning Agreement to support the Planning Proposal. To address this risk, this report recommends that the Planning Proposal is not forwarded to DPIE to request making of the LEP amendment until a Planning Agreement is first executed by the parties.

 

Conclusion

 

Council has publicly exhibited a Planning Proposal which seeks to amend LEP 2010 in relation to the land known as 39 Henry Street, Penrith. The Planning Proposal seeks to increase the maximum permissible floor space for development on the site to encourage its redevelopment with a new mixed-use development.

 

During the public exhibition and agency consultation Council received several public and agency submissions. The issues raised in submissions have been addressed through a negotiated reduction to the proposed FSR control, and the receipt of a VPA offer from the proponent to provide a traffic contribution to support the Planning Proposal. Changes will also be undertaken to DCP 2014 to guide future development of the subject site.

 

It is recommended that Council endorses the Planning Proposal and changes to DCP 2014, subject to conditions as outlined in the recommendation.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 39 Henry Street, Penrith Planning Proposal, DCP and VPA be received.

2.     Council endorses the Planning Proposal presented in this report and provided at Attachment 2.

3.     A further report be made to Council to present the Voluntary Planning Agreement offer provided at Attachment 4, upon completion of the Council officer assessment.

4.     Council prepares an amendment to Penrith Development Control Plan 2014 based on the information presented in this report, and that this then be reported to Council for consideration to endorse for public exhibition.

5.     The General Manager be granted delegation to update and finalise the Planning Proposal prior to Council’s submission of the Planning Proposal to the Department of Planning, Industry and Environment for making of the amendment to the Penrith Local Environmental Plan 2010. The update to the Planning Proposal is to reflect the changes recommended in this report, address any minor or typographical errors, and contemporise the document.

6.     The Planning Proposal is to be submitted to the Department of Planning, Industry and Environment after a Planning Agreement that supports the Planning Proposal in respect to provision of a traffic contribution has been publicly notified and executed.

7.     The Planning Proposal is to be submitted to the Department of Planning, Industry and Environment after the supporting amendment to Penrith Development Control Plan 2014 has been prepared, publicly exhibited, and endorsed by Council.

8.     The maximum floor space ratio allowable for the remainder of Key Site 7 from 5:1 to 6:1 under Clause 8.7 of the Penrith Local Environmental Plan 2010 be considered in a future LEP review.

 

 

ATTACHMENTS/APPENDICES

1.

Subject land

1 Page

Attachments Included

2.

Planning Proposal

67 Pages

Attachments Included

3.

Issues raised in submissions

4 Pages

Attachments Included

4.

VPA Offer

3 Pages

Attachments Included

   


 

 

Outcome 3 - We can get around the City

 

 

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


 

 

 

 

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Outcome 4 - We have safe, vibrant places

 

 

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


 

 

 

 

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Outcome 5 - We care about our environment

 

 

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


 

 

 

 

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Outcome 6 - We are healthy and share strong community spirit

 

 

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


 

 

 

 

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Outcome 7 - We have confidence in our Council

 

 

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



 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 7 December 2020

Report Title:            39 Henry Street, Penrith Planning Proposal, DCP and VPA

Attachments:           Subject land

                                Planning Proposal

                                Issues raised in submissions

                                VPA Offer



Policy Review Committee Meeting                                                                            7 December 2020

Attachment 1 - Subject land

 

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Policy Review Committee Meeting                                                                            7 December 2020

Attachment 2 - Planning Proposal

 

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Policy Review Committee Meeting                                                                            7 December 2020

Attachment 3 - Issues raised in submissions

 

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Policy Review Committee Meeting                                                                            7 December 2020

Attachment 4 - VPA Offer

 

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