Council_Mark_POS_RGB

4 May 2022

 

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 audio visual links, audio streamed and in the Passadena Room, Civic Centre, 601 High Street, Penrith on Monday 9 May 2022 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 - 14 March 2022.

 

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 9 May 2022

 

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_RGB2022 MEETING CALENDAR

January 2022 - December 2022

(Adopted by Council – 10 January 2022)

 

 

 

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

 

 

 

 

 

2v

 

 

 

 

 

 

 

 

 

10^

 

 

21@

 

28

 

30#

27*

25

22@

26^

31ü

28#+

12

Policy Review Committee

7.00pm

 

 

 

 

14

 

9

 

11

 

12

 

14

 

 

 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 and/or Deputy Mayor

 ü

Meeting at which the 2021-22 Annual Statements are presented

 

Meeting at which any comments on the 2021-22 Annual Statements are adopted 

 +

Meeting at which the Annual Report is presented

Briefing to consider Budget, draft fees & charges and corporate document

-            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 AND IN THE PASSADENA ROOM, PENRITH

ON MONDAY 14 MARCH 2022 AT 7:00PM

 

 

WEBCASTING STATEMENT

Her Worship the Mayor, Councillor Tricia Hitchen read a statement advising that Council Meetings are recorded and webcast.

PRESENT

Her Worship the Mayor, Councillor Tricia Hitchen, Deputy Mayor Councillor John Thain, and Councillors Bernard Bratusa, Todd Carney, Robin Cook, Kevin Crameri OAM, Mark Davies, Sue Day, Ross Fowler OAM, Glenn Gardiner, Jonathan Pullen, Mark Rusev and Marlene Shipley.

 

 

APOLOGIES

PRC1 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa apologies be accepted for Councillors Jim Aitken OAM and Karen McKeown OAM.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 8 November 2021

PRC2  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marlene Shipley that the minutes of the Policy Review Committee Meeting of 8 November 2021 be confirmed.

 

 

DECLARATIONS OF INTEREST

 

Councillor Marlene Shipley declared a Non-Pecuniary Conflict of Interest - Less than Significant in Item 1 – St Marys Town Centre Annual Report and Audited Financial Statement 2020-2021, as she is a member of the Board of the St Marys Town Centre Corporation.

 

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest - Less than Significant in Item 1 – St Marys Town Centre Annual Report and Audited Financial Statement 2020-2021, as he is a member of 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 and Audited Financial Statement 2020-2021                                                                                    

PRC3 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Todd Carney

 

That:

1.     The information contained in the report on St Marys Town Centre Annual Report and Audited Financial Statement 2020-2021 be received.

2.     Council receives and notes the Annual Report and Audited Financial Statement for 2020 - 2021 of the St Marys Town Centre Corporation.

 

 

Outcome 7 - We have confidence in our Council

 

3        ARIC & Internal Audit Annual Reports                                                       

PRC4 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa that the information contained in the report on ARIC & Internal Audit Annual Reports be received.

 

 

Outcome 6 - We are healthy and share strong community spirit

 

2        Request for Major Event Sponsorship - Rowing Australia                      

PRC5 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Request for Major Event Sponsorship - Rowing Australia be received

2.     Council defer consideration of this report until further notice due to the event being postponed.

 

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7:51PM.

    


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Outcome 2 - We plan for our future growth

 

1        Results of Public Exhibition of Urban Heat Planning Controls Package      

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  1

 

Outcome 6 - We are healthy and share strong community spirit

 

2        Penrith Stadium Redevelopment - Office of Sport and Infrastructure NSW                   18

 

Outcome 7 - We have confidence in our Council

 

3        Draft Grants Applications Policy                                                                                      23

 

4        Model Code of Meeting Practice                                                                                      29

 

5        Review of Council's Borrowing Policy                                                                              33

 

 

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                       Page

 

1        Results of Public Exhibition of Urban Heat Planning Controls Package  

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                  1

 

 

 


Policy Review Committee Meeting                                                                         9 May 2022

 

 

 

1

Results of Public Exhibition of Urban Heat Planning Controls Package   

 

Compiled by:               Elizabeth Hanlon, Senior Planner

Madison McGlynn, Planner

Brooke Levingston, Senior Planner

Breannan Dent, 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

Maintain a contemporary planning framework of land use and statutory plans

 

Previous Items:           Penrith Urban Heat Planning Controls Package- Councillor Briefing- 20 September 2021

                                      Planning Proposal - Mitigating the Urban Heat Island Effect- Ordinary Meeting- 25 October 2021

                                      Amendment to Penrith Development Control Plan 2014 - Urban Heat Controls- Ordinary Meeting- 25 October 2021   

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

 

Executive Summary

This report presents the results of the public exhibition of the Urban Heat Planning Controls Package. This package includes:

 

1.   A Planning Proposal that proposes a new provision in the Penrith Local Environmental Plan (LEP) 2010 to ensure the mitigation of the urban heat island effect is a major consideration for new development; and

2.   A new Urban Heat Chapter in the Penrith Development Control Plan (DCP) 2014 that updates existing and includes new development controls aimed at achieving cooler buildings and cooler outdoor spaces.

 

The package is in line with Council’s commitment to taking action to cool our City and to be a leader in this space.

 

Councillors have previously been provided with the following Councillor memos on elements of the planning controls package:

·    24 September 2021 – Clarification sought by Councillors at the 20 September 2021 Councillor Briefing regarding the inclusion of swimming pools in calculation of landscaped area;

·    4 November 2021 – Clarification sought by Councillor Greg Davies at the 20 September 2021 Councillor Briefing regarding Solar Panels and Urban Heat;

·    1 November 2021 – Request from Councillor Mark Davies at the 25 October 2021 Ordinary Meeting regarding a further briefing in response to Amendment to Penrith DCP 2014 – Urban Heat Controls; and

·    4 February 2022 – Public Exhibition of Urban Heat Planning Controls Package.

 

The planning controls package was placed on public exhibition from 7 February to 7 March 2022. Eight submissions were received, all of which supported the need for urban heat planning controls. Feedback was also received from two academic experts on urban heat matters. In addition, responses were received from three public authorities.

 

Key comments raised in the submissions and feedback related to the flexibility and affordability of the LEP provision, expanding the LEP provision to include other zones, DCP requirements for tree species selection, cost implications to retain existing vegetation, street tree planting requirements and alternative approaches to urban heat mitigation.

 

In response to these comments, it is recommended that a minor amendment to the LEP provision and some minor changes to the draft Urban Heat DCP Chapter be made. Subject to these changes, the report recommends that Council endorse the Planning Proposal and forward it to Parliamentary Counsel in accordance with the LEP plan making process and adopt the Urban Heat Chapter as an amendment to DCP 2014. It is intended that the DCP amendment will come into effect only once the LEP amendment is made.

Background

Our City is susceptible to urban heat impacts due to the region’s existing climate and topography, geographic position, large and growing residential population and rapid urban development. As our City grows and becomes more urbanised, reducing and removing heat from the urban environment is critical to achieving an environment that has high amenity, provides opportunities for active, healthy and safe activities and is comfortable throughout summer.

Council has adopted a number of strategies that identify the importance of working towards making our City cooler through urban heat mitigation using Council’s planning controls. These include:

·    Cooling the City Strategy (adopted August 2015);

·    Penrith Local Strategic Planning Statement (adopted March 2020); and

·    Resilient Penrith Action Plan 2021-2030 (adopted June 2021).

 

The Benchmarking Summer Heat Across Penrith project, undertaken in partnership with Western Sydney University in 2019-20, also recommends the use of planning controls to help mitigate urban heat impacts.

 

At its Ordinary Meeting of 25 October 2021, Council considered a report on a Planning Proposal to amend the Penrith Local Environmental Plan (LEP) 2010 to introduce a new local provision to ensure the mitigation of the urban heat island effect is a major consideration for development. Attachment 1 includes a detailed explanation of the intention of the new provision, including its objectives, where it will apply and the measures to be considered and incorporated into new developments to mitigate urban heat. Council resolved to forward the Planning Proposal to the Minister for Planning with a request for a Gateway Determination to proceed to public exhibition and to authorise Council to exercise delegation to make the plan. On 30 November 2021, a Gateway Determination was issued by the Department of Planning and Environment with conditions relating to the public exhibition and authorising Council to make the plan.

 

At the same Ordinary Meeting, Council considered a report on introducing a new Urban Heat Chapter into the Penrith Development Control Plan (DCP) 2014. This Chapter comprises a mix of revised existing development controls from different sections of DCP 2014 that already work to address urban heat and new controls that have been prepared in response to current research around urban heat and the built environment.

The controls are proposed to be consolidated into one chapter to highlight the importance of managing urban heat in new development. They will supplement the proposed LEP provision with more detailed requirements focused on:

·    Cooling with landscaping;

·    Cool colours and building materials;

·    Cooling through building design; and

·    Optimising mechanical heating and cooling.

 

Attachment 2 outlines the controls covered in the Urban Heat DCP Chapter. Council resolved to publicly exhibit the new Urban Heat Chapter as an amendment to DCP 2014.

Public Exhibition

The proposed amendments to LEP 2010 (the Planning Proposal) and DCP 2014 (the Urban Heat DCP Chapter), known as the Urban Heat Planning Controls Package, were publicly exhibited from Monday 7 February to Monday 7 March 2022. The public exhibition was undertaken in accordance with the Gateway Determination, the community consultation requirements of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000, and Council’s Community Participation Plan. 

 

As the exhibition occurred when Orders under the Public Health Act 2010 relating to COVID-19 were in place, exhibition material was made available on Council’s Your Say webpage, with Council officers available to answer enquiries by phone and email, and the NSW Planning Portal. The exhibition was advertised on Council’s website and social media pages and in the Western Weekender (paper and digital editions). The exhibition was also highlighted in the Mayor’s News column in the Western Weekender and Nepean News, and featured in Inside Local Government and Australasian Leisure Management.

Submissions

Eight submissions were received in response to the exhibition, all of which supported the need for urban heat planning controls.

 

In relation to the LEP provision, seven of the eight submissions supported a local provision in LEP 2010 to ensure urban heat is considered in new development (the remaining submission did not comment on this aspect of the package). Other key comments included:

 

Issue

Response

The local provision must be both flexible and affordable.

It is proposed to recommend retaining the intention of the new provision but amend the wording around the measures for green infrastructure to provide more flexibility; i.e. change from: “measures to retain and extend green infrastructure …” to: “measures to maximise green infrastructure, including established and new vegetation that contributes to the local tree canopy”.

The other measures in the provision are considered sufficiently flexible to ensure feasible and affordable options can be chosen to mitigate the urban heat island effect.

(It should be noted that the provision will be subject to legal drafting by Parliamentary Counsel).

The local provision should apply to other zones.

It is not proposed to apply the provision to other zones given its focus is on urban zones and mitigating the urban heat island effect.

The urban heat provision in the Cumberland LEP 2021 is not appropriate for Penrith. 

The Cumberland provision is discussed in the Planning Proposal at the request of the Department of Planning and Environment, who argue that the Cumberland provision has set a precedent for an urban heat provision.

It is not intended to adopt the Cumberland provision as it does not apply to development types where people are likely to be vulnerable to urban heat; e.g. child care facilities and seniors housing, and because its approach to measures is considered to be more prescriptive.

 

Attachment 3 provides detailed responses to all comments on the Planning Proposal and proposed LEP provision.

 

In relation to the draft Urban Heat DCP chapter, all submissions broadly supported the proposed controls. Other key comments included:

 

Issue

Response

Selected tree species are often unsuitable for the context of Penrith. Improved maintenance of trees is needed to ensure survival of new plantings.

A list of appropriate trees is currently being developed by Council which will determine which tree species are suitable for planting in the Penrith LGA.

Responsibilities and procedures for managing trees on Council land are set out in Council’s Street and Park Tree Management Plan and is therefore outside the scope of the draft Urban Heat DCP.

Additional controls and strategies are needed to effectively mitigate urban heat i.e., inclusion of roof diagrams, minimum side and rear setbacks for host condenser units, road and footpath widths.

The draft chapter was prepared in line with Council’s existing DCP 2014 chapters and controls. Minimum setbacks, road and footpaths widths are prescribed in other current chapters of the Penrith DCP 2014. Repetition of these controls in the Urban Heat DCP chapter is not considered necessary. 

 

Where the need for additional controls is suggested, i.e., including roof diagrams and reducing hard paved areas and road widths, these will be considered during the next review phase of the Urban Heat DCP Chapter. A future review may need to be supported by a qualitative analysis prepared by a suitably qualified consultant, particularly if stronger measures are proposed.  

Concerns about cost implications on the requirement to retain existing trees and vegetation on a development site.  

Additional costs are considered negligible, noting that upfront costs of urban heat mitigation measures are offset through savings in energy, operational and maintenance costs. Many of the proposed controls already exist within Penrith DCP 2014 and therefore represent no additional cost to development. This was confirmed through previous industry engagement with eight developers who perceived that the proposed DCP controls had a limited impact on overall development feasibility.  

Requirements for street tree planting are too high/onerous.

The proposed street tree rate is based on current DCP controls. The draft Urban Heat DCP chapter requires street trees to be provided at a rate of one tree for every 10m of site frontage, rounded down to the nearest 10m. This control requires at least one tree to be provided per lot.   

 

Tree planting requirements are flexible and feasible to produce interlocking canopies. Therefore, this draft control is not considered to be onerous or a significant change in policy. 

Alternative approaches to mitigating urban heat have not been considered in the draft Urban Heat Chapter, namely minimising hard paved areas associated with footpaths and roads

Minimum road widths and footpath requirements are prescribed in Chapter C10 Parking and Traffic of Penrith DCP and are not proposed to be amended through the draft Urban Heat DCP Chapter.  This feedback will be considered during the next review phase of Chapter C10 of the Penrith DCP 2014, and in consideration of the Western Sydney Street Design Guidelines.

 

Table 1 of Attachment 4 provides detailed responses to all comments on the draft DCP controls. 

 

In response to feedback received, some minor changes to the draft DCP controls are proposed:

·    Shade tree planting within side setback areas will no longer be required for single dwellings, secondary dwellings or dual occupancies unless a side setback of at least 3m is achieved;

·    To ensure optimal performance of mechanical cooling systems, the draft Urban Heat DCP Chapter will be amended to stipulate that mechanical systems should be shaded through suitable design measures;

 

 

·    Climatic context about the impact of hot/cool winds on urban heat will be included in the background section of the draft Urban Heat DCP Chapter; and

·    Wind/breeze controls will be amended to stipulate whether a particular control is targeting hot or cool winds.

 

Feasibility

Three submissions were concerned about potential cost implications associated with the requirement under Section 14.1 of the draft Urban Heat Chapter to retain existing trees on development sites. These submissions requested more flexibility to allow trees and vegetation to be removed and replaced to enable earthworks to occur in an economical and efficient way. No other submissions raised concerns with the draft DCP controls based on feasibility.

 

Additional costs, if any, are considered negligible as upfront costs of urban heat mitigation measures are offset through savings in energy, operational and maintenance costs. This finding was confirmed through previous industry engagement with eight local developers prior to public exhibition of the draft Urban Heat Planning Controls Package. These respondents perceived that the proposed DCP controls had a limited impact on overall development feasibility.

 

In addition to the above, many of the proposed urban heat controls already exist within Penrith DCP 2014 and therefore represent no additional cost to development. A requirement to retain trees is currently prescribed in Chapters ‘C2 Vegetation Management’ and ‘D4 Industrial Development’. These controls have been brought across into the new Urban Heat Chapter to highlight the importance of retaining mature trees that provide summer shade and contribute to established tree canopy.  The intent of the requirement is to ensure the siting and layout of development considers the location of trees and vegetation and favours their retention. Where this is not possible, removal of trees and vegetation may be allowed (with consent) on the basis that the applicant can demonstrate that retention would make the development unfeasible, and an equal or greater number of replacement trees are provided on site.

 

If additional and/or stronger urban heat controls are proposed to be introduced in a future DCP review, a cost-benefit analysis may be required to quantify the benefits of the proposed urban heat mitigation measures.

Stakeholder Engagement

During the exhibition, feedback from several key stakeholders was also sought. Feedback was requested from those local developers who had previously been contacted to participate in the Council commissioned survey by JOC Consulting on the draft urban heat controls, prior to exhibition. This included those developers who participated in the survey and those who did not. There was no further feedback received from these local developers.

 

Feedback was also requested from a number of experts on urban heat matters. In response, comments were provided by two academic experts - Dr Sebastian Pfautsch, Associate Professor in Urban Studies, School of Social Sciences, Western Sydney University (and co-author of the Benchmarking Summer Heat Across Penrith report) and Professor Mat Santamouris, Anita Lawrence Chair High Performance Architecture, School Built Environment, University of New South Wales.

 

The academic experts supported the introduction of controls to mitigate urban heat and recommended a number of changes to the draft DCP controls to ensure their efficacy, including the introduction of stronger provisions.

To quantify the benefits of the proposed urban heat mitigation measures, both experts recommended that a cost-benefit analysis be undertaken.

The draft DCP controls have been prepared within the parameters of existing controls and no significant changes are proposed to the Draft Urban Heat DCP chapter at this time. If stronger controls are proposed as part of a future DCP review, Council officers will consider the need for a cost-benefit analysis to justify any additional provisions. Feedback from the academic experts and proposed responses are detailed in Table 2 of Attachment 4.  

Public Authority Consultation

Public authorities, including NSW Rural Fire Service (RFS), Endeavour Energy and Sydney Water, were consulted in accordance with the Gateway Determination for the Planning Proposal.

 

NSW RFS raised a concern that the proposed DCP controls may conflict with the provisions in Planning for Bush Fire Protection 2019 (PBP). For example, proposed landscaping requirements may conflict with the management of Asset Protection Zones. Installation of green roofs and walls may conflict where building materials must be constructed from bush fire-resistant materials. NSW RFS has recommended that a clause or preamble be included in the Urban Heat DCP Chapter to recognise and clarify that the PBP would prevail over DCP requirements in the event of any inconsistency. 

 

The Urban Heat DCP Chapter has been updated to include the following:

·    Development on land identified as bush fire prone must address the bush fire protection measures set out in Planning for Bush Fire Protection 2019 (PBP); and 

·    While applicants should seek to achieve the outcomes sought by the urban heat DCP controls, where there is an inconsistency between the PBP provisions and the DCP controls, the PBP provisions prevail. 

 

While Endeavour Energy supported the concept of planting more trees to reduce urban heat, it raised concerns that, if not managed correctly, trees may leave a legacy of higher costs for tree trimming leading to higher electricity bills for the community, damage long term urban amenity through repeated vegetation management practices, increase outages related to tree impacts on the electricity network and, in certain areas, lead to higher bush fire risk. To address these concerns, Endeavour Energy requested the opportunity to work with Council to jointly develop a tree planting specification to help controls these risks.

 

Section 14.1 (1.4) of the draft Urban Heat DCP Chapter includes a control that states: “2) All trees, including street trees, should be located to consider …

d)     any services or utilities infrastructure within the road reserve, such as power poles, overhead wires, drainage inlet pits, existing street trees and any existing driveways”.

 

In addition, a list of appropriate trees is proposed to be included in the Chapter, which will identify what trees are appropriate in different settings, including under powerlines. These controls are considered to be sufficient in combination with other legislation and guidance, such as State Environmental Planning Policy (Transport and Infrastructure) 2021, which requires development in certain locations to be referred to Endeavour Energy for advice and Endeavour Energy’s document on ‘Standard Conditions for Development Applications and Planning Proposals’.

 

Endeavour Energy supported measures to optimise mechanical heating and cooling, noting they would contribute to reducing greenhouse gas emissions and help consumers save on energy consumption and costs.

 

Sydney Water supported the proposed measures to mitigate the urban heat island effect, including the promotion of green infrastructure and water in the landscape, particularly water reuse and water sensitive urban design.

Proposed Changes to the Urban Heat Planning Controls Package 

In summary, the proposed changes to the Urban Heat Planning Controls Package are:

 

LEP Provision 

Clause

Proposed change

Sub-clause relating to measures for green infrastructure

Amend the wording from: “measures to retain and extend green infrastructure …: to: “measures to maximise green infrastructure, including established and new vegetation that contributes to the local tree canopy”.

 

Draft Urban Heat DCP Chapter  

Section

Proposed change

Background

Provide climatic context about the impact of hot/cool winds on urban heat.

Multiple sections

Wind/breeze controls will be amended to stipulate whether a particular control is targeting hot or cool.

1.4 Tree Planting Specifications (Table 2)

Shade tree planting within side setback areas will no longer be required for single dwellings, secondary dwellings or dual occupancies unless a side setback of at least 3m is achieved.

14.4 Optimising Mechanical Heating and Cooling

To ensure optimal performance of mechanical cooling systems, the draft Urban Heat DCP Chapter will be amended to stipulate that mechanical systems should be shaded through suitable design measures.

 

Next Steps

Should Council resolve to endorse the recommendations of this report, the next steps are:

1.   The Planning Proposal, including the recommended change to the LEP provision, will be forwarded to Parliamentary Counsel for an opinion in accordance with the LEP plan making process; and

2.   The Urban Heat Chapter, including the changes recommended in this report, will be included in Penrith DCP 2014.

The DCP amendment is proposed to come into effect only once the LEP amendment is made.

Conclusion

This report presents the results of the public exhibition of the Urban Heat Planning Controls Package. The package is in line with Council’s commitment to taking action to cool our City and to be a leader in this space.

 

During the exhibition, eight submissions were received, all of which supported the need for urban heat controls.

The submissions, along with the feedback from two urban heat experts and three public authorities, have been reviewed. As a result, a minor amendment to the LEP provision is recommended. No policy changes are proposed to be made to the draft Urban Heat DCP Chapter at this time, however the need for additional and/or revised controls may be considered during the next review phase of DCP 2014.

 

This report recommends that Council endorse the Planning Proposal and forward it to Parliamentary Counsel in accordance with the LEP plan making process and adopt the Urban Heat Chapter as an amendment to DCP 2014. The DCP amendment is proposed to come into effect once the LEP amendment is made.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Results of Public Exhibition of Urban Heat Planning Controls Package be received.

2.     Council endorse the Planning Proposal, as exhibited and attached to this report, with the minor amendment to the LEP provision as detailed in the report.

3.     Council adopt the Urban Heat Chapter as an amendment to Penrith DCP 2014, as exhibited, with the minor amendments as detailed in this report.

4.     The General Manager be granted delegation to:

a.  make any necessary minor typographical changes to the Planning Proposal, the Urban Heat Chapter and Penrith DCP 2014, consistent with Council’s adopted policy position; and

b.  execute all necessary documents and undertake all necessary actions to give effect to Council’s decision to make the LEP and DCP amendments.

5.     Council officers forward the Planning Proposal to the Minister for Planning and Parliamentary Counsel with a request to make the LEP amendment.

6.     Council endorse the DCP amendment to come into effect once the LEP amendment is made.

7.     Council notify those who made submissions and provided feedback when the LEP amendment is made and the DCP amendment comes into effect. 

 

 

ATTACHMENTS/APPENDICES

1.

Explanation of Urban Heat LEP Provision

2 Pages

Attachments Included

2.

Outline of Urban Heat DCP Chapter

1 Page

Attachments Included

3.

Comments and Responses to Submissions on the Draft LEP Provision

4 Pages

Attachments Included

4.

Comments and Responses to Submissions on the Draft Urban Heat DCP Chapter

16 Pages

Attachments Included

5.

Planning Proposal - Mitigating the Urban Heat Island Effect

99 Pages

Attachments Included

   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 3 - We can get around the City

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 4 - We have safe, vibrant places

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 5 - We care about our environment

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 6 - We are healthy and share strong community spirit

 

Item                                                                                                                                       Page

 

2        Penrith Stadium Redevelopment - Office of Sport and Infrastructure NSW                   18

 

 

 


Policy Review Committee Meeting                                                                         9 May 2022

 

 

 

2

Penrith Stadium Redevelopment - Office of Sport and Infrastructure NSW   

 

Compiled by:               Andrew Robinson, Community Facilities and Recreation Manager

Authorised by:            Brian Steffen, Director - City Services  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Plan for the provision of and facilitate the delivery of community, sport and recreation facilities

      

 

Executive Summary

In December 2021, the NSW Government committed to redeveloping Penrith Football Stadium and, in January 2022, Mayor Tricia Hitchen provided correspondence to the NSW Premier welcoming the announcement.

 

A request was also made for a Councillor briefing at the earliest opportunity, as well as for ongoing engagement with Council during the project design and implementation stages. 

 

In the correspondence, and subsequent discussions with NSW Government representatives, the following Council priorities have been outlined, including:

 

- Integration of an eight-court multi-sport indoor centre and creation of an activated recreation precinct that supports the liveability of the City.

- Accessibility and inclusion being promoted both across the precinct and getting to the Stadium, including connectivity to the City Centre.

- Local job creation, and development of a visitor economy through hosting large scale events.

- Designs that are environmentally beneficial and support the City’s resilience.

- Ancillary infrastructure, including car parking, is available and sufficient.

 

It has been outlined that any designs and facility provision must focus on promoting the Stadium as an essential and integrated part of the community, which it feels ownership of and can readily access.

 

It is understood that it is the intention to commence work on the Stadium at the beginning of 2023, with a 2-year construction period anticipated.

 

Infrastructure NSW (INSW), working with the NSW Office of Sport (OoS), are now progressing the Stadium design phase which, at the request of the Hon. Stuart Ayres MP, Minister for Sport, includes engaging with the community and other stakeholders.

 

As part of the engagement stage, INSW will present to the Policy Review Meeting, with the opportunity for Council to consider the information and provide feedback.

 

This report recommends that the information be received.

Background

In March 2021, Council was advised that the NSW Government had committed funding to develop strategic business cases for the development and renewal of Panthers Stadium, Jubilee Oval and Brookvale Oval.

 

Council has been provided with regular updates about the project, via memorandums, outlining information that has been made available by the NSW Government or, detailing meetings that Council Officers have had with OoS representatives.

 

In October 2021, Councillors were informed that advice had been sought by the consultants preparing the stadium redevelopment strategic business case, regarding improvements that could be made to the stadium to better support Council priorities. In response, information was provided to the consultants by Council Officers, in terms of Council strategies and documents outlining key priorities, including;

 

-        Liveability (e.g. potential to include an indoor multi-sports centre)

-        Economic (e.g. creation and sustainability of local jobs, and a visitor economy)

-        Environmental (e.g. Cooling the City)

-        Infrastructure (e.g. car parking)

-        Accessibility and inclusion (e.g. accessible design, vehicle access to the stadium and active travel – walking and cycling, access to use the field for sports/events)

 

In providing this advice, it was stressed to the consultants and NSW Government representatives, that any future development must ensure that the stadium is an essential and integrated part of the community, and one which the community feel ownership of.

 

Current Situation

 

The NSW Government committed to redeveloping Penrith Football Stadium in December 2021.

 

Infrastructure NSW (INSW) will be managing the design and delivery of the Stadium working with NSW Office of Sport (OoS). INSW requested a meeting with the General Manager, Directors and Council Officers and this was held on 4 April 2022.

 

INSW outlined that both it and the OoS had been requested by the new Minister for Sport to undertake further consultation with key stakeholders as well as the broader community in relation to the design of the Stadium. This is being done through online surveys, one on one meetings, and round table forums.

 

The meeting held on 4 April, afforded the Council representatives to reaffirm key priorities previously outlined as part of the business case development, and reiterate required outcomes, including to:

 

- Develop a precinct with active connection to the City Centre.

- Create a venue and precinct that is used daily, through integrating recreational. infrastructure as well as prioritising an eight-court indoor sports centre, creating a community hub.

- Support easy access to and at the stadium, including appropriate car park provision.

- Support ‘Cooling the City’ and environmental outcomes.

 

 

 

To enable the community to provide feedback, there is currently a ‘live’ NSW Government Have Your Say page with the NSW Government seeking to better understand:

 

•        What a world class stadium experience means to the individual.

•        What stadium facilities are currently used, or, would be used by the individual.

•        What other things you want considered for the wider Penrith Stadium precinct.

 

Council Officers have also provided contact details for key sport and recreation entities to enable INSW to organise a workshop session.

 

Conclusion

 

Previous Council Officer correspondence and communication with both the OoS and INSW has reinforced the importance of Council being provided with an opportunity to be presented with information to enable Councillors to provide commentary on Penrith Football Stadium’s redevelopment.

 

The project has now progressed to a stage where there is a firm commitment to redeveloping and renewing the Stadium. The design phase offers a significant opportunity to Councillors to contribute to developing a Stadium precinct that will become a major event venue, as well as support the liveability and growth of the City.

 

RECOMMENDATION

That the information contained in the report on Penrith Stadium Redevelopment - Office of Sport and Infrastructure NSW be received

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                       Page

 

3        Draft Grants Applications Policy                                                                                      23

 

4        Model Code of Meeting Practice                                                                                      29

 

5        Review of Council's Borrowing Policy                                                                              33

 

 

 

 

 


Policy Review Committee Meeting                                                                         9 May 2022

 

 

 

3

Draft Grants Applications Policy   

 

Compiled by:               Marlene Borg, Finance Business Partner

Vicki Russell, Finance Business Partner

Authorised by:            Neil Farquharson, Financial Services Manager

Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

Manage our money and our assets to be sustainable now and into the future

Service Activity

Support financial sustainability through financial planning and budget management

      

 

Executive Summary

Council officers have recently completed a review of Council’s Grants Applications Policy which was previously endorsed at the Policy Review Committee Meeting on 24 July 2006.

 

The draft Grants Applications Policy proposes the following changes:

 

Formal Council resolution at an Ordinary Meeting of the Council is sought prior to (unless already in Council’s Operational Plan):

 

·    Applying for grant funding over $250,000, an increase from the previous amount of $20,000;

·    Applying for grant funding where there will be ongoing costs that Council will need to fund into the future, including operational and maintenance costs; and

·    Applying for grant funding where a Council contribution is required, and that contribution has not been included in Council’s Community Strategic Plan, Long-Term Financial Plan, Delivery Program and Operational Plan.

 

Background

 

Council relies on external grant funding as an important source of funding to enable the introduction or continuation of services, programs and facilities which might otherwise be outside of the immediate financial capacity of Council.

 

Council actively seeks funding opportunities by identifying available grants which are consistent with its Community Strategic Plan, Long Term Financial Plan, Delivery Program and Operational Plan.

 

Council officers have recently completed a review of Council’s Grants Applications Policy.

 

Many organisations that apply for grants consider it as an easy option to obtain funding, without fully considering the organisation’s requirements and options. As a result, they can be successful in winning a grant however then find it difficult to manage not only the administration and delivery of the grant program/project but also any ongoing operational and longer term financial requirements (e.g. whole of life costs such as asset maintenance and asset renewal).

 

 

 

 

Draft Policy Aims and Objectives

 

The objective of the draft policy is to ensure effective management of grant funds provided by external organisations.

 

The aim of the policy is to maximise funding opportunities by providing a framework to manage, monitor and evaluate grant funded programs and ensure they align with Council’s Community Strategic Plan, Long Term Financial Plan, Delivery Program and Operational Plan.

 

In addition, the policy is intended to ensure that where necessary, funds are available for ongoing maintenance and renewal expenses beyond the term of the funding agreement.

 

Outline of the Draft Policy

 

This policy outlines the framework to manage, monitor and evaluate grant funded programs.  Further to this, the policy considers a number of aspects of importance when assessing and applying for grant funds.  These include whether:

 

·    The grant aligns with Council’s Community Strategic Plan, Long-Term Financial Plan, Delivery Program and Operational Plan;

·    Council has sufficient resources to prepare the grant application;

·    Council is required to provide any contributing funding;

·    Council is adequately resourced to undertake the project associated with the grant funds;

·    Council may encounter any risks or issues impeding the ability to satisfy the requirements of the grant terms and conditions criteria. Subsequent acceptance of the grant will be subject to agreeing to the terms of the funding agreement;

·    Any expectations may arise for Council to continue to deliver the service beyond the funding period; and

·    Whole of life costs may impact Council’s finances (i.e. an estimate of all costs over time including capital, maintenance, management, insurance, disposal, replacement and operating costs).

 

The policy states that where grant funding has been included in Council’s Community

Strategic Plan, Long-Term Financial Plan, Delivery Program and Operational Plan the

Manager after consulting with the Director is authorised to apply and accept the funding.

 

Prior to application and acceptance of grant funds, endorsement by Council at an Ordinary Meeting of the Council will be required where:

 

·    Grant funding is over $250,000 and has not been included in Council’s Community Strategic Plan, Long-Term Financial Plan, Delivery Program and Operational Plan;

·    Irrespective of the value of the grant, prior to applying for grant funding for which there will be ongoing costs that Council will need to fund into the future, including operational and maintenance costs; and

·    Irrespective of the value of the grant, prior to applying for grant funding where a Council contribution is required, and that contribution has not been included in the Delivery Program/Operational Plan.

 

 

 

Directors and Managers have delegated authority to sign grant applications where there is insufficient time to obtain approval from the Council. In such cases, if the grant application is successful, a report must be provided to the Council before the funding is accepted and any formal arrangements are entered into.

 

Financial Implications

 

An important step in the review of the Grant Application Policy is that it provided the Council the opportunity to improve Council’s efficiency and cost effectiveness. This can be achieved by increasing the Grant Application reporting threshold whilst still managing Council’s governance and risk management needs. Increasing the Grant Application individual reporting threshold from $20,000 to $250,000 improves operational efficiency by significantly reducing the quantum reports to the Council (indicative savings of around $3,600 per report) that in turn leads to increased capacity for Councillors and Council staff to focus on higher level strategic outcomes. This proposed changes has been balanced with the inclusion of a new consolidated reporting framework for grants through the Quarterly Financial Review reported to Council.

 

Increasing the Grant Application reporting threshold from $20,000 to $250,000 also sets the threshold level consistent with the current Tendering threshold of $250,000 and aligns both at an appropriate and financially material threshold level.

 

Reviews of Council’s operational processes (including reviews of reporting thresholds) with the intent of improving organisational efficiency and managing enterprise risks is an important approach that continues to positively impact Council’s financial sustainability. This approach will also be applied in the upcoming Delegations Review (including Tender Delegations) that will be presented to Council over the coming months.

 

Conclusion

 

The draft Grants Applications Policy is intended to maximise opportunities for increasing Council’s Grant revenue and to support Council officers by providing an effective framework when applying for grant funds that align to Council’s Community Strategic Plan, Long Term Financial Plan, Delivery Program and Operational Plan.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Draft Grants Applications Policy be received.

2.     The revised Grants Applications Policy be adopted.

 

 

 

ATTACHMENTS/APPENDICES

1.

Grant Applications Policy

3 Pages

Appendix

  


Policy Review Committee Meeting                                                                                       9 May 2022

Appendix 1 - Grant Applications Policy

 

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Policy Review Committee Meeting                                                                         9 May 2022

 

 

 

4

Model Code of Meeting Practice   

 

Compiled by:               Avanthi Fernando, Governance Officer

Authorised by:            Stephen Britten, Chief Governance Officer

Adam Beggs, Acting Governance Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council’s meeting calendar, meeting process and business papers to ensure open and fair decision making

      

 

Executive Summary

The Office of Local Government (OLG) have finalised a revised Model Code of Meeting Practice and is now prescribed under the Local Government (General) Regulation 2021. The Model Code of Meeting Practice is made under s360 of the Local Government Act 1993 (the Act). The Model Code applies to all meetings of Council and committees of Council (where the members are all Councillors).

Councils are required to incorporate the mandatory provisions of this Code. The non-mandatory provisions may be incorporated into Council’s adopted Code of Meeting Practice where Council sees fit. Supplementary provisions incorporated by the Council must not be inconsistent with the mandatory provisions of the Model Code.

Council will have until 4 December 2022 to adopt a revised Model Code of Meeting Practice, however provisions relating to remote attendance that are temporarily in place cease on 30 June 2022, necessitating the need for the revised Code to be adopted earlier. This report outlines the new mandatory inclusions required to be included in the Council’s Code of Meeting Practice along with non-mandatory and supplementary inclusions that are optional for inclusion and seeks endorsement for the Code to be placed on exhibition before being brought back to Council for adoption.

Background

All Councils are required to adopt a Model Meeting Code of Practice, under s360 of the Local Government Act 1993 and s 232 of the Local Government Regulations 2005. Council’s adopted Code must incorporate the mandatory provisions of the Model Code of Meeting Practice. Further, Council may also include non-mandatory provisions that the OLG has highlighted in their Code of Meeting Practice.

Penrith City Council last updated its Code of Meeting Practice in June 2019. The OLG revised the Model Code of Meeting Practice in November 2021. The new Code contains the following provisions:

·    allowing councils to hold meetings by audio-visual link and to permit councillors to attend meetings by audio-visual link,

·    regulating webcasting of meetings and disorder at meetings, and

·    reminder to councillors of their oath or affirmation of office, and their obligations under Council’s Code of Conduct.

Prior to adoption, Councils are required to exhibit a draft of the Code for at least 28 days and provide members of the community at least 42 days to comment. The proposed mandatory and non-mandatory provisions including supplementary provisions are included in the attached Code of Meeting Practice to be resolved at tonight’s meeting to be placed on public exhibition.

Current Situation

Council staff wish to highlight the following mandator, non-mandatory and supplementary changes:

Mandatory Changes to the Code of Meeting Practice

The below changes reflect those practices which are not currently included or partly included in the Council’s adopted Code of Meeting Practice but are in the new Code of Meeting Practice:

Statement of Ethical Obligations (3.22)

It is now mandatory that business papers for all ordinary and extraordinary meetings of the council and committees of the council contain a statement reminding councillors of their oath or affirmation of office made under section 233A of the Act and their obligations under the council’s code of conduct to disclose and appropriately manage conflicts of interest.

Attendance by Councillors at Meetings (5.2)

The new Code of Meeting Practice has added an exception to the current provision which prescribes that councillors cannot participate in a meeting of the council or of a committee of the council unless personally present at the meeting. Councillors can now attend meetings by audio-visual link if meeting the criteria permitted under the new Code is included.

Webcasting (5.33 – 5.38)

Some minor changes to the already existing webcasting provisions

Other Mandatory Provisions:

-     Inclusion of ‘making unfavourable personal remarks about another Councillor’ to acts of disorder (clause 15.11) and requiring a Councillor to retract and apologise without reservation for any ‘statement that constitutes’ an act of disorder (15.12 (c)).

-     Contravene or attempt to contravene clause 5.23 i.e., “Live stream or use an audio recorder, video camera, mobile phone or any other device to make a recording of the proceedings of a meeting of the council or a committee of the council without the prior authorisation of the council or the committee” is considered to constitute disorderly conduct and may be expelled from the meeting as provided for under section 10(2) of the Local Government Act.

Non-Mandatory Provisions

The Office of Local Government have placed in the Model Code of Meeting Practice provisions that are not mandatory. Therefore, it is at the discretion of the Council as to whether these non-mandatory provisions are included in our adopted Code of Meeting Practice. A number of these provisions are already included in Council’s Code and are proposed to remain. Proposed non-mandatory provisions that have been relevant to the Council’s meeting practice are included in the Code and shown below:

 

-     Meetings held by audio-visual link (some non-mandatory provisions and some supplementary – 5.2)

-     Attendance of the general manager and other staff at meetings (5.43)

-     Order of business for ordinary meetings (8.1)

-     Obligations of councillors attending meetings by audio-visual link (14.20)

-     How disorder by councillors attending meetings by audio-visual link may be dealt with (15.21 & 15.22)

-     Managing conflicts of Interest of Councillors attending a meeting by audio-visual link (16.2)

-     Recording whether a Councillor attended the meeting in person or by audio-visual link in the meeting minutes (18.2(a))

-     Recording whether a Councillor attended the Committee in person or by audio-visual link in the meeting minutes (19.22(a)) 

 

Supplementary Provisions not in the prescribed Model Code

 

Council has several longstanding supplementary practices which are not proposed for change in the adoption of this revised Code. Council staff are also proposing to include several supplementary provisions that will allow for a more practical approach to remote attendance. In addition to this some small administrative and formatting changes have also been made.

Next Steps

If the recommendations contained in this report are adopted, the Council’s Code of Meeting Practice as attached (with mark ups removed) will be exhibited for at least 28 days and will provide members of the community at least 42 days to comment. After this period, a final report including any feedback received will be presented to an Ordinary Council meeting.

 

Financial Implications

 

There are no financial implications for Council associated with this report.

Risk Implications

There are no risk implications for Council associated with this report.

Conclusion

The Model Code of Meeting Practice for Local Councils in NSW is made under s360 of the Local Government Act 1993 and the Local Government (General Regulation) 2021. All Councils are required to adopt a Meeting Code of Practice, by the 4 December 2022, that is as least as onerous as the mandatory provisions set down by the OLG.

A copy of the full Code of Meeting Practice with all possible provisions is attached along with the Council’s previous Code with marked changes showing the changes with the version proposed for exhibition.

 

RECOMMENDATION

That:

1.     The information contained in the report on Model Code of Meeting Practice be received

2.     The Draft Code of Meeting Practice be placed on public exhibition for 28 days and provide members of the community at least 42 days to comment, before being brought back to Council for adoption.

3.     The General Manager be authorised to make any minor administrative changes prior to exhibition.

 

 

 

 

ATTACHMENTS/APPENDICES

1.

Model Code of Meeting Practice

80 Pages

Attachments Included

2.

Draft Code of Meeting Practice 2021 - Marked Up Copy

42 Pages

Attachments Included

  


Policy Review Committee Meeting                                                                         9 May 2022

 

 

 

5

Review of Council's Borrowing Policy   

 

Compiled by:               James Legarse, Operational Project Accountant

Authorised by:            Neil Farquharson, Financial Services Manager

Andrew Moore, Director - Corporate Services  

 

Outcome

We have confidence in our Council

Strategy

Manage our money and our assets to be sustainable now and into the future

Service Activity

Provide accurate information to Council and the community on Council’s financial activities

      

 

Executive Summary

The Borrowing Policy (the Policy) is currently reviewed every two (2) years, but due to the timing of the local government election last year, the proposed 2021 review was moved to this year. The last review was undertaken in 2019 and adopted at the Ordinary Meeting of Council held 22 July 2019. The Policy serves as a framework to ensure compliance, cost efficiency and sustainability.

 

The revised Borrowing Policy, Strategy and Attachment were presented to the Audit, Risk, and Improvement Committee (ARIC) on 15 March 2022. The recommendations from ARIC were terminology consistency adjustments and other changes that were cosmetic in nature. The document presented tonight reflects the feedback from ARIC.

 

Council Officers adhere to Council’s internal Borrowing Strategy which outlines the process for the consideration of Borrowings. The Policy builds on the internal Borrowing Strategy and incorporates current legislative requirements for internal and external loan borrowings.

 

The Borrowing Policy should be read in conjunction with the Borrowing Strategy which is attached to this report.

 

The proposed additions to the Borrowing Policy and Strategy seek to achieve:

•        Consistency between the Policy and Strategy; and

•        Strengthen governance and compliance, potentially resulting in cost efficiency.

 

This report recommends that the Council adopt the revised Borrowing Policy and Borrowing Strategy.

 

Background

Council’s borrowings are monitored by the Office of Local Government (OLG) through the annual submission of ‘Proposed Borrowing Return’. Furthermore, the Council’s proposed Borrowing Program is included in the annual Operational Plan.

 

In past years, loans have been sourced from various financial institutions and secured by a charge on Council’s income. In 2016 Council qualified for access to the NSW Treasury Corporation Loan Facility by being assessed as “Fit for the Future”. Since June 2016 new borrowings have been financed through the NSW Treasury Corporation Loan Facility.

 

 

Current Situation

Currently the Council’s Borrowing Strategy allows loan borrowings on identified capital/major infrastructure projects that are considered by Council to be of the highest priority, and which are unable to be funded from revenue. Any proposed new borrowing must be supported by a comprehensive business case including known capital funding requirements, future operational costs of maintenance, renewal, loan repayments of any infrastructure, and should only fund the specific project or purpose approved. This approach is both a prudent financial management practice and a practice that supports the Council maintaining its financial sustainability. A business case should accompany all projects considering borrowings prior to the loan income and repayments being entered into the Long-Term Financial Plan or Original Budget.

 

The Borrowing Policy continues to adhere to Council’s Borrowing Strategy and legislative requirements for internal and external loan borrowings.

 

The proposed changes in the sections of the Borrowing Policy are listed below:

 

·    Under ‘4.4 Responsibility for Implementing and Reviewing this policy and Reporting of Borrowings’: To change the two (2) year review cycle of Borrowing Policy and Strategy to four (4) years. This is to be consistent with the four-year timeframe of the annual planning and budgeting cycle.

 

The Loan Borrowing Policy will be reviewed on a regular basis, at least once every 4 years, consistent with the four-year timeframe of the annual planning and budgeting cycle; or as required in the event of legislative changes. Any amendment to this Policy must be by way of Council resolution.

 

·    New subsection ‘5.1 Request for quotes’: The proposal of this new subsection seeks to strengthen control and compliance of the Policy; potentially resulting in cost efficiency. The addition of this section would standardise the common practice that is already being exercised by the responsible Finance Officer.

 

To minimise exposures to interest rate and concentration risks; and increase competition in bidding for the Council’s loan requirement(s), it is required for the responsible finance officer (administering the loan) to send a letter of request for quote to at least three (3) APRA regulated financial institutions and NSW Treasury Corporation. In doing so, the Council can capitalise on the best rate being offered, potentially resulting in the minimisation of borrowing cost over the life of the loan.

 

A bid response from the recipients of the letter of request for quotes cannot be guaranteed. However, sending out notifications for an invitation to quote would increase or create a platform of competition for Council’s borrowing needs, resulting in a wider range of options for interest rates.

 

Conclusion

 

The report recommends for the Council’s revised Borrowing Policy, Strategies be adopted by the Policy Review Committee (PRC) noting the changes tabled in this report.

 

 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Review of Council's Borrowing Policy be received.

2.     The Council adopt the revised Borrowing Policy and Borrowing Strategy.

 

 

 

ATTACHMENTS/APPENDICES

1.

PCC Borrowing Policy

3 Pages

Attachments Included

2.

PCC Borrowing Policy Attachments

5 Pages

Attachments Included

3.

PCC Borrowing Strategy

2 Pages

Attachments Included

   


 

ATTACHMENTS  

 

 

Date of Meeting:     Monday 9 May 2022

Report Title:            Results of Public Exhibition of Urban Heat Planning Controls Package

Attachments:           Explanation of Urban Heat LEP Provision

                                Outline of Urban Heat DCP Chapter

                                Comments and Responses to Submissions on the Draft LEP Provision

                                Comments and Responses to Submissions on the Draft Urban Heat DCP Chapter

                                Planning Proposal - Mitigating the Urban Heat Island Effect


Policy Review Committee Meeting                                                                                       9 May 2022

Attachment 1 - Explanation of Urban Heat LEP Provision

 

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Policy Review Committee Meeting                                                                                       9 May 2022

Attachment 2 - Outline of Urban Heat DCP Chapter

 

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Policy Review Committee Meeting                                                                                       9 May 2022

Attachment 3 - Comments and Responses to Submissions on the Draft LEP Provision

 

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Policy Review Committee Meeting                                                                                       9 May 2022

Attachment 4 - Comments and Responses to Submissions on the Draft Urban Heat DCP Chapter

 

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Policy Review Committee Meeting                                                                                       9 May 2022

Attachment 5 - Planning Proposal - Mitigating the Urban Heat Island Effect

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 9 May 2022

Report Title:            Model Code of Meeting Practice

Attachments:           Model Code of Meeting Practice

                                Draft Code of Meeting Practice 2021 - Marked Up Copy


Policy Review Committee Meeting                                                                                       9 May 2022

Attachment 1 - Model Code of Meeting Practice

 

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Policy Review Committee Meeting                                                                                       9 May 2022

Attachment 2 - Draft Code of Meeting Practice 2021 - Marked Up Copy

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 9 May 2022

Report Title:            Review of Council's Borrowing Policy

Attachments:           PCC Borrowing Policy

                                PCC Borrowing Policy Attachments

                                PCC Borrowing Strategy


Policy Review Committee Meeting                                                                                       9 May 2022

Attachment 1 - PCC Borrowing Policy

 

 

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Policy Review Committee Meeting                                                                                       9 May 2022

Attachment 2 - PCC Borrowing Policy Attachments

 

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Policy Review Committee Meeting                                                                                       9 May 2022

Attachment 3 - PCC Borrowing Strategy

 

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