Council_Mark_POS_RGB

22 June 2022

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held remotely using audio visual links, audio streamed and in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 27 June 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

Ordinary Meeting - 30 May 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 COUNCIL

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

 

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

 

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Access Committee Meeting - 1 June 2022.

Local Traffic Committee Meeting - 6 June 2022.

 

10.         DELIVERY PROGRAM REPORTS

 

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

12.         URGENT BUSINESS

 

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 27 June 2022

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

WEBCASTING NOTICE

 

 

STATEMENT OF RECOGNITION OF PENRITH CITY’S ABORIGINAL AND TORRES STRAIT ISLANDER CULTURAL HERITAGE

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

Australians all let us rejoice,

For we are one and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

 

 

 

 

 

 

 

 

 

 

 

 



 

 

 

 

 

 

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.

 


Statement of Recognition of

Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage

 

 

Council values the unique status of Aboriginal people as the original owners and custodians of lands and waters, including the land and waters of Penrith City.

 

Council values the unique status of Torres Strait Islander people as the original owners and custodians of the Torres Strait Islands and surrounding waters.

 

We work together for a united Australia and City that respects this land of ours, that values the diversity of Aboriginal and Torres Strait Islander cultural heritage, and provides justice and equity for all.

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

“Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life.  We come together as representatives of our community to make decisions that will benefit this city and the people within it. 

 

We come not in a spirit of competition, not as adversaries, but as colleagues.  Help us to treat each other with respect, with dignity, with interest and with honesty.  Help us not just to hear the words we say, but also to hear each others hearts.  We seek to be wise in all that we say and do.

 

As we meet, our concern is for this city.  Grant us wisdom, courage and strength.

 

Lord, help us.  We pray this in the name of Jesus Christ our Lord.  Amen.”

 

 

 

 

 


Council Chambers

Seating Arrangements


For members of the public addressing the meeting


 

 

 

Lectern


 

 

     Directors


 

 

 

General Manager
Warwick Winn

Her Worship the Mayor
Councillor Tricia Hitchen 



Governance Coordinator Adam Beggs






Minute Clerk

Media

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Public Gallery

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Managers

 

 

Directors


 


Oath of Office

 

I swear that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

 

 

Affirmation of Office

 

I solemnly and sincerely declare and affirm that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

 

 

 

 

 

Local Government Act 1993, Section 233A

 


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 ORDINARY MEETING OF PENRITH CITY COUNCIL HELD REMOTELY USING AUDIO VISUAL LINKS, AUDIO STREAMED ON THE COUNCIL WEBSITE AND IN THE

COUNCIL CHAMBERS

ON MONDAY 30 MAY 2022 AT 7:00PM

 

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

 

WEBCASTING STATEMENT

Deputy Mayor, Councillor John Thain read a statement advising that Council Meetings are recorded and webcast.

PRAYER

The Council Prayer was read by Rev Christine Bayliss Kelly.

 

STATEMENT OF RECOGNITION

Deputy Mayor, Councillor John Thain read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

PRESENT

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, Karen McKeown OAM,  Jonathan Pullen, Mark Rusev and Marlene Shipley.

 

APOLOGIES

126  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney that the apologies from Her Worship the Mayor, Councillor Tricia Hitchen and Councillor Jim Aitken OAM be accepted.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 2 May 2022

127  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Ross Fowler OAM that the minutes of the Ordinary Meeting of 2 May 2022 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 9 - Greater Sydney Crown Land Open Space Activation Program - Endorsement of Grant Application for funding for Wilson Park Llandilo, as he is a resident of Llandilo.


 

 

Mayoral Minutes

 

1        Councillor Karen McKeown OAM re-elected to the Australian Local Government Women’s Association NSW Branch Executive                

128  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Robin Cook that the Mayoral Minute on Councillor Karen McKeown OAM re-elected to the Australian Local Government Women’s Association NSW Branch Executive be received.

 

Reports of Committees

 

1        Report and Recommendations of the Heritage Advisory Committee Meeting held on 6 April 2022                                                                     

129  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Rusev that the recommendations contained in the Report and Recommendations of the Heritage Advisory Committee meeting held on 6 April, 2022 be adopted.

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 2 May 2022                                                                      

130  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Jonathan Pullen that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 May, 2022 be adopted.

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 9 May 2022                                                                      

131  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Bernard Bratusa that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 9 May, 2022 be adopted.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Reporting on Determined Clause 4.6 Variations to Development Standards                                                                                                    

132  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Bernard Bratusa that the information contained in the report on Reporting on Determined Clause 4.6 Variations to Development Standards be received.

 

2        Fire Safety Update                                                                                      

133  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on Fire Safety Update be received.

2.     Council issue a Fire Safety Order on 1590-1594 Mulgoa Road, Wallacia and 159 Queen Street St Marys should the requirements of the Notice of Intention to Serve an Order not be met.

3.     Fire and Rescue NSW be advised of Council’s decision.

 

 

Outcome 4 - We have safe, vibrant places

 

4        RFT21/22-29 Trinity Drive Mixed Recreation & Junior Play Space       

134  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Karen McKeown OAM

That:

1.     The information contained in the report on RFT21/22-29 Trinity Drive Mixed Recreation & Junior Play Space be received

2.     The tender from Romba Pty Ltd be accepted for the amount of $854,824.00 (excluding GST) for the full scope of works including both portions of works outlined in RFT21/22-29 Trinity Drive.

3.     The General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

3        RFT21/22-28 St Marys Senior Citizens Centre Refurbishment              

135  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Marlene Shipley

That:

1.     The information contained in the report on RFT21/22-28 St Marys Senior Citizens Centre Refurbishment be received.

2.     Secure Building Solutions Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the RFT21/22-28 St Marys Senior Citizens Centre Refurbishment Works for an amount of $2,486,165 excluding GST.

3.     The General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

5        Londonderry Flood Recovery Hub                                                           

136  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Marlene Shipley that the information contained in the report on Londonderry Flood Recovery Hub be received.

 


 

 

Outcome 5 - We care about our environment

 

6        RID Squad EPA Project Agreement                                                          

137  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown OAM

That:

1.      The information contained in the report on RID Squad EPA Project Agreement be received.

2.      Penrith City Council continue as the host Council under the terms of the Project Agreement and Strategic Alliance Agreement

3.      The General Manager be granted delegation to sign the EPA Project Agreement and Strategic Alliance Agreement for the Western Sydney Regional Illegal (RID) Squad for five years from 1 July 2022 – 30 June 2027, with the option for councils to review their involvement in the final two years at the end of the third year.

 

Outcome 6 - We are healthy and share strong community spirit

 

10      RFT 21/22-21 City Park Landscape Construction                                   

138  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Glenn Gardiner

That:

1.     The information contained in the report on RFT 21/22-21 City Park Landscape Construction be received

2.     Council reject all tenders.

3.     Council readvertise the tender seeking new submissions.

 

7        Don Bosco Youth and Recreation Centre St Marys Funding Agreement                                                                                                   

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

That:

1.     The information contained in the report on Don Bosco Youth and Recreation Centre St Marys Funding Agreement be received

2.     Council endorse a two year funding agreement with Don Bosco Youth and Recreation Centre for the period July 2021- June 2023, including the provision of an annual subsidy of $33,200 (exc GST) as well as waste removal and rate costs.

 


 

 

8        Request for Major Event Sponsorship - USM Events Pty Ltd (t/a IRONMAN Australia)                                                                                   

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

That:

1.     The information contained in the report on Request for Major Event Sponsorship - USM Events Pty Ltd (t/a IRONMAN Australia) be received

2.     Council endorse sponsorship funding of $20,000 (plus GST) to USM Events Pty Ltd (t/a IRONMAN Australia) in support of the 2022 IRONMAN 70.3 Western Sydney event.

 

9        Greater Sydney Crown Land Open Space Activation Program - Endorsement of Grant Application for funding for Wilson Park Llandilo                                                                                                        

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

That:

1.     The information contained in the report on Greater Sydney Crown Land Open Space Activation Program - Endorsement of Grant Application for funding for Wilson Park Llandilo be received

2.     Council endorse receipt of grant funds of $350,000 from the Greater Sydney Crown Land Open Space Activation Program for a new accessible amenity building and upgraded sheltered picnic area at Wilson Park, Llandilo.

 

11      Grant Acceptance - Greening the Great West Walk                               

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

That:

1.     The information contained in the report on Grant Acceptance - Greening the Great West Walk be received

2.     Council accept the $249,597 (ex GST) grant funding from the NSW Department of Planning and Environment to deliver the project.

3.     Letters of thanks be sent to the Minister for Planning, the Hon Anthony Roberts MP, and the Local Member, the Hon Stuart Ayres MP.

4.     The General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 


 

 

Outcome 7 - We have confidence in our Council

 

14      Compulsory Acquisition by Sydney Metro - Lot 9 DP840717 and Lot 8 DP734738 being 45 Station Street, St Marys                                        

143  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Compulsory Acquisition by Sydney Metro - Lot 9 DP840717 and Lot 8 DP734738 being 45 Station Street, St Marys be received

2.     Council provide its acceptance of the offer of compensation as determined by the Valuer General and referenced in the Sydney Metro Compensation Notice.

3.     The funds generated from the compensation for the compulsory acquisition of the site be allocated to the Property Development Reserve to fund future investment opportunities.

4.     The Common Seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

16      Audit, Risk and Improvement Committee                                                

144  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marlene Shipley that the information contained in the report on Audit, Risk and Improvement Committee be received.

 

17      Organisational Financial Review - March 2022                                       

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

That:

1.     The information contained in the report on Organisational Financial Review - March 2022 be received.

2.     The Organisational Financial Review - March 2022 as at 31 March 2022, including the revised estimates outlined in this report and detailed in the Organisational Report – March 2022, be adopted.

3.     Council revote the works as detailed in the Recommended Revoted Works Lists, detailed in the Organisational Report – March 2022 for inclusion in the 2022-23 Operational Plan.

4.    A further report be provided to Councillors at a Councillor briefing in relation to the COVID reserves, movements they’re in and reconciliations.

 


 

 

12      Property Purchase 5a Tindale Street Penrith (Lot 14 Deposited Plan 652910)                                                                                                         

146  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on Property Purchase 5a Tindale Street Penrith (Lot 14 Deposited Plan 652910) be received

2.     The property known as 5a Tindale Street Penrith (Lot 14 Deposited Plan 652910) be classified as operational in accordance with section 31 Local Government Act 1993.

 

13      Unsolicited Request to Purchase Council Owned Land Located at 1 Littlefields Road Mulgoa                                                                            

147  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on Unsolicited Request to Purchase Council Owned Land Located at 1 Littlefields Road Mulgoa be received

2.     Council divests 1 Littlefields Road Mulgoa (Lot 1 DP852709) as per the terms outlined within this report.

3.     The funds generated from the divestment be allocated to the Property Development Reserve to fund future investment opportunities.

4.     The Common Seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

15      Acquisition by Transport for NSW of Electrical Easement - Lot 12 DP 220581 151 Parker Street South Penrith                                                  

148  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on Acquisition by Transport for NSW of Electrical Easement - Lot 12 DP 220581 151 Parker Street South Penrith be received

2.     Council accept the offer from TfNSW as supported by the valuation report by Colliers International for the acquisition of the electrical easement over Lot 12 DP220581.

3.     Council enter into an appropriate deed with TfNSW and execute relevant documents required for the creation of the easement.

4.     The funds generated from the compensation for the compulsory acquisition of the easement be allocated to the Property Development Reserve to fund future investment opportunities.

5.     The Common Seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

18      Superannuation Payments and Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2022-2023        

149  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on Superannuation Payments and Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2022-2023 be received

2.     The fees payable to the Mayor and Councillors for 2022-23 be set at the maximum level permitted.

3.     Superannuation payments be made to the Mayor and Councillors commencing 1 July 2022, in line with the superannuation guarantee levy.

 

19      Outcome of 2021-2022 Loan Borrowing Program                                  

150  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on Outcome of 2021-2022 Loan Borrowing Program be received.

2.     Council be advised that NSW TCorp was the successful lender for $4m and CBA was the successful lender for $20m that comprised the Council’s 2021-2022 Borrowing Program.

 

20      Summary of Investment & Banking for the period 1 April 2022 to 30 April 2022                                                                                                     

151  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on Summary of Investment & Banking for the period 1 April 2022 to 30 April 2022 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 April 2022 to 30 April 2022 be noted and accepted.

3.     The graphical Investment Analysis as at 30 April 2022 be noted.

 

Committee of the Whole

 

152 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jonathan Pullen that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 7:33pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Kevin Crameri OAM seconded Councillor Jonathan Pullen that the press and public be excluded from Committee of the Whole to deal with the following matter:

 

 

Outcome 4

 

2        Regatta Park Update - Compulsory Acquisition                                                            

 

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

The meeting resumed at 7:38pm and the General Manager reported that the Committee of the Whole met at 7:33pm on 30 May 2022, the following being present

 

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, Karen McKeown OAM,  Jonathan Pullen, Mark Rusev and Marlene Shipley.

 

and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1 and that the Committee of the Whole submitted the following recommendations to Council.

 

CONFIDENTIAL BUSINESS

 

2        Regatta Park Update - Compulsory Acquisition                                                            

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Sue Day    

CW2 That:

1.     The information contained in the report on Regatta Park Update - Compulsory Acquisition be received.

2.     Council allocate an additional budget as detailed in the body of the report, funded from the Major Projects Reserve.

3.     The Common Seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

ADOPTION OF Committee of the Whole

 

153  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Mark Davies that the recommendations contained in the Committee of the Whole and shown as CW1 and CW2 be adopted.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7:38pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

Anyone can request permission to address a meeting, providing that the number of speakers is limited to three in support of any proposal and three against.

 

Any request about an issue or matter on the Agenda for the meeting can be lodged with the General Manager or Public Officer up until 12 noon on the day of the meeting.

 

Prior to the meeting the person who has requested permission to address the meeting will need to provide the Public Officer with a written statement of the points to be covered during the address in sufficient detail so as to inform the Councillors of the substance of the address and a written copy of any questions to be asked of the Council in order that responses to those questions can be provided in due course.

 

In addition, prior to addressing the meeting a person addressing Council or Committee will be informed that they do not enjoy any privilege and that permission to speak may be withdrawn should they make inappropriate comments.

 

It should be noted that persons who wish to address the Council are addressing a formal part of the Council Meeting. All persons addressing the Meeting should give consideration to their dress attire. Smart casual is a minimum that is thought to be appropriate when addressing such a forum.

 

It should be noted that speakers at meetings of the Council or Committee do not have absolute privilege (parliamentary privilege).  A speaker who makes any potentially offensive or defamatory remarks about any other person may render themselves open to legal action.

 

Prior to addressing the meeting the person will be required to sign the following statement:

 

“I (name) understand that the meeting I intend to address on (date) is a public meeting.  I also understand that should I say or present any material that is inappropriate, I may be subject to legal action.  I also acknowledge that I have been informed to obtain my own legal advice about the appropriateness of the material that I intend to present at the above mentioned meeting”.

 

Should a person fail to sign the above statement then permission to address either the Council or Committee will not be granted.

 

The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 6.45pm.

 

It is up to the Council or Committee to decide if the request to address the meeting will be granted.

 

Where permission is to be granted the Council or Committee, at the appropriate time, will suspend only so much of the Standing Orders to allow the address to occur.

 

The Chairperson will then call the person up to the lectern or speaking area.

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

·       Organisation or group they are representing (if applicable);

 

·       Details of the issue to be addressed and the item number of the report in the Business Paper;

 

·       Whether they are opposing or supporting the issue or matter (if applicable) and the action they would like the meeting to take;

 

·         The interest of the speaker (e.g. affected person, neighbour, applicant,    applicants spokesperson, interested citizen etc).

 

Each person then has five minutes to make their address.  Those addressing Council will be required to speak to the written statement they have submitted.  Permission to address Council is not to be taken as an opportunity to refute or otherwise the points made by previous speakers on the same issue. 

 

The Council or Committee can extend this time if they consider if appropriate, however, everyone needs to work on the basis that the address will be for five minutes only.

 

Councillors may have questions about the address so people are asked to remain at the lectern or in the speaking area until the Chairperson has thanked them.

 

When this occurs, they should then return to their seat.

 

Glenn McCarthy

Public Officer

02 4732 7649                                               

   


Mayoral Minutes

 

Item                                                                                                                                       Page

 

1        Royce's Big Walk - raises almost $1Million for dementia research                                   1

 

2        Locals Recognised in 2022 Queen's Birthday Honours                                                    2

 

 

 

 



Ordinary Meeting                                                                                                   27 June 2022

 

Mayoral Minute

Royce's Big Walk - raises almost $1Million for dementia research

           

 

It is with great pride that I acknowledge the outstanding achievement of Penrith Panthers legend, Royce Simmons, who walked 300km in eleven days, to raise almost $1Million to support the Dementia Australia Research Foundation.

 

In February this year, our 1991 premiership hero announced that he had been diagnosed with early-onset dementia. Royce tackled the news just as he did on the field, with courage and determination. He set himself a challenge; to create awareness of dementia and raise much-needed funds for vital research into the condition.

 

The challenge kicked off with ‘Royce’s Big Walk’ on May 17 when Royce started his journey from his hometown of Gooloogong in central NSW. From there, he travelled through the towns of Cowra, Blayney, Bathurst, Lithgow and Katoomba before arriving at Penrith Stadium on May 27, just in time to watch his beloved Panthers kick-off against the Cowboys.

 

Throughout the walk, Royce not only ran fundraising activities but also put his hand up to hold events to support local junior rugby league clubs – a true testament of the generosity of the much-loved rugby league champion. He was joined by many sporting heroes along the way including former Panthers Brad Fittler and Greg Alexander.

 

I applaud Royce for his accomplishment and thank our community and the Penrith Panthers for their donations and support of the event. These contributions are not to be underestimated. With dementia being the leading cause of death of women and the second leading cause of death of all Australians, fundraising events such as these are instrumental in raising awareness and providing funds for important research into the condition.

 

On behalf of my Councillor colleagues and Council, I again congratulate Royce on this incredible achievement, and thank everyone who supported this worthy event.

 

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Councillor Tricia Hitchen

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Royce's Big Walk - raises almost $1Million for dementia research be received.

 


Ordinary Meeting                                                                                                   27 June 2022

 

Mayoral Minute

Locals Recognised in 2022 Queen's Birthday Honours

           

 

It is my great pleasure to congratulate three local residents recognised in the 2022 Queen’s Birthday Honours List.

 

Mr Terence Gallaway OAM of Colyton, received a Medal of the Order of Australia for his service to the broadcast news media. Mr Gallaway’s career spanned newspaper, radio and television, including Channel 7 and Sky News, where he spent more than 20 years as Chief Sub-Editor. During his long career, he has demonstrated a passion for journalism and keeping the community informed, travelling extensively and reporting on wide-ranging issues, from elections to bushfires.

 

Uncle Wesley Marne AM of St Marys, was made a Member of the Order of Australia for his significant service to the Indigenous community of Western Sydney. Uncle Wes comes from a long line of storytellers, following in the footsteps of his father and grandfather. He is a highly respected figure in the community for the outstanding work he has done for Aboriginal education and cultural advancement. To commemorate his 100th birthday this year, a collection of his poetry ‘Through Old Eyes’ has been published, reflecting on history, colonisation, family and aboriginal dreaming.

 

Mr John Michael Thomas OAM of St Clair, was recognised for his service to the community and to business. In addition to running his own consultancy business and chairing a number of financial boards, Mr Thomas is a dedicated volunteer for organisations such as the Catholic Church, and Chairman of Stride Mental Health. He is a great advocate for volunteering and encourages everybody to pitch in and do what they can to support charities and not-for-profit organisations, or to do what they can to give back to their local communities.   

 

On behalf of the community and Council, I thank these residents for their contributions to our community and congratulate them once again on receiving our nation’s highest honour.

 

 

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Councillor Tricia Hitchen

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Locals Recognised in 2022 Queen's Birthday Honours be received.

  


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Access Committee Meeting held on 1 June 2022   1

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 6 June 2022                                                                                                                                             4

 

 

 

 



Ordinary Meeting                                                                                                   27 June 2022

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 1 June, 2022

 

 

 

PRESENT

Jeni Pollard – Manager City Resilience (Chair), Clr Robin Cook, Clr Todd Carney, Matthew Roger, Farah Madon, Anthony Mulholland, Alan Windley, Carole Grayson, Karen McIntyre, Megan Whittaker – City Activation, Community and Place Manager, Marcela Hart – Community Capacity Lead, Natalie Wadwell – Community Capacity Officer, Adam Wilkinson – Engineering Services Manager, Ganan Yin – Bitzios Consulting (Presenter).

 

APOLOGIES

Mayor Clr Tricia Hitchen, Craig Squires.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 6 April 2022

The minutes of the Access Committee Meeting of 6 April 2022 were confirmed.

 

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1    Review and update of the Penrith Accessible Trails Hierarchy Strategy (PATHS)

Ganan Yanis spoke to the update of the PATHS strategy including the objectives and the need for a review and update of the program due to major infrastructure development in the area.

Items discussed by the Committee included:

·    Suggestion to ensure that the program includes the completion of the shared pathway along Jamison Road that runs parallel with Cables Wake Park.

·    Suggestion to prioritise entertainment precincts and connections to the Nepean River.                                                                                               

RECOMMENDED

That the information contained in the report on Review and update of the Penrith Accessible Trails Hierarchy Strategy (PATHS) be received.

 


 

 

Outcome 6 - We are healthy and share strong community spirit

 

2        Draft Disability Inclusion Action Plan 2022-26 Public Exhibition Outcomes

Megan Whittaker and Natalie Wadwell provided an update on minor changes and amendments to the Draft DIAP made following outcomes of the public exhibition, along with proposed Stretch Projects including acknowledgement of the need for additional funding to deliver these.

The DIAP will be presented to the Ordinary Council Meeting scheduled for 27 June 2022, seeking endorsement as the FINAL DIAP 2022 – 26.

Items discussed by the Committee included:

·  Suggestion to include reference to culturally and linguistically diverse refugee population in Strategy 5.2.

·  Suggestion to change reference to specific disabilities to “visible and invisible disabilities”.

·  Suggestion to present to the Board meetings at both the Corporations and Chamber of Commerce.

·  Suggestions for implementation of employment actions to occur with local service providers and storytelling.

                                                                                                                                             

RECOMMENDED

That the information contained in the report on Draft Disability Inclusion Action Plan 2022-26 Public Exhibition Outcomes be received.

 

 

GENERAL  BUSINESS

 

 

GB 1           Library Focus Group

Marcela Hart advised of upcoming workshops being held for the community at the library to provide feedback and help develop the Library 5 Year Strategy.

 

GB 2           Council’s DCP (Development Control Plan) for Adaptability and    Access     

Further to GB4 from the Access Committee Meeting held 16 March 2022, there was a request for a further update on the DCP. Megan Whittaker provided an update to advise that work continues to update the DCP and the proposed DRAFT DCP will go out for Public Exhibition around September 2022. Farah Madon requested that the Access Committee have another opportunity to provide feedback prior to the DCP going out for public comment. Megan Whittaker to follow up with the City Planning Team.

 

 GB 3          NAIDOC Week 2022   

Natalie Wadwell provided information in relation to the NAIDOC Week celebration scheduled for July 2022 including implementing community feedback from the DIAP to work with the events team to support implementation of broad access and inclusion measures.

 


 

 

GB 4           Nepean Hospital Stage 1 Tower A       

Matt Roger advised that Stage 1 Tower A has opened, works on Stage 2 are now commencing. A request for the Access Committee to advocate for a dedicated bus stop in Somerset Street.

 

GB 5           Report Accessible Pathways and Disabled Parking     

Clr Cook mentioned that she was still awaiting a report on Accessible Pathways and Disabled Parking within the LGA (Local Government Area).

 

GB 6           Audit on Bus Stops   

Farah Madon requested a copy of the audit on Bus Stops that was mentioned in the earlier presentation regarding PATHS.

 

GB 7           New Ministers   

Clr Carney requested that Council write to the new Government Ministers to congratulate them on their new roles and to introduce the Access Committee.

 

 

There being no further business the Chairperson declared the meeting closed the time being 6.55pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 1 June, 2022 be adopted.

 


Ordinary Meeting                                                                                                   27 June 2022

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 6 June, 2022

 

 

(Note: due to prevailing public health crisis, and related COVID-19 protocols, the Local Traffic Committee Business Paper and reports were referred to members and a formal meeting held via on-line Microsoft Teams platform).

 

PRESENT

Mayor Tricia Hitchen (Representative for the Member of Penrith), Councillor Robin Cook (Representative for the Member of Londonderry), Councillor Karen McKeown OAM (Council Representative), and Raymond Tran – Transport for NSW (TfNSW).

IN ATTENDANCE

Andrew Jackson – Director Development and Regulatory Services (Chair), Adam Wilkinson – Engineering Services Manager, Kablan Mowad – Senior Traffic Engineer, Joshua Hull – Acting Senior Traffic Engineer, Lalaine Malaluan – Traffic Engineer, Liam Warda – Trainee Engineer, Wendy Read – Road Safety Officer, Isaac Mann – Acting Transport Engineer, Mia Ecob – Acting Engineering Services Secretary, Kylie Thornley – Traffic Administration Officer, Tiana Dickson – Business Administration Trainee, Paul Bottomley – CDC Bus and Ganan Yin – Bitzios Consulting.

 

APOLOGIES

Steve Grady – Busways, Senior Constable Stephen Page – Nepean Police Area Command (PAC) and Michael Alderton – Acting Traffic Engineering Coordinator.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 2 May 2022

The minutes of the Local Traffic Committee Meeting of 2 May 2022 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Feather Street & McIntyre Avenue, St Clair - Endorsement of Design Plan AM196 for a Single Lane Roundabout - Substantial Objections

Councillor Karen McKeown OAM raised concerns over changing and/or restricting access to driveways and properties.

Kablan Mowad – Senior Traffic Engineer advised we have considered all other options and the plans have been amended in response to concerns raised. It is noted that the proposed facility, whilst changing individual property access, will be a significant benefit to the overall road safety.

Raymond Tran – Transport for NSW (TfNSW) supported the recommendations for a roundabout.                                                                                                                          

RECOMMENDED

That:

1.     The information contained in the report on Feather Street & McIntyre Avenue, St Clair - Endorsement of Design Plan AM196 for a Single Lane Roundabout - Substantial Objections be received.

2.     Design Plan AM196 be endorsed for construction, with funding provided from the National Blackspot and Safer Roads Program noting the objections that were received during consultation.

3.     Objecting residents be notified that the proposal has been endorsed for construction.

4.     A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category.

 

Outcome 3 - We can get around the City

 

2        Renshaw Street, Cranebrook - Proposed Line Marking and Signage Scheme

Raymond Tran – Transport for NSW (TfNSW) asked if we could consider a physical refuge for pedestrians. Wendy Read – Road Safety Officer advised we will monitor the situation to see if its needed in the future.                                                                           

RECOMMENDED

That:

1.     The information contained in the report on Renshaw Street, Cranebrook - Proposed Line Marking and Signage Scheme be received.

2.     Based on the consultation feedback received, that the Signage and Line Marking Plan TS0123 dated 8 March 2022 as shown in Appendix 1, be delivered by Council’s City Presentation Section as resources permit.

3.     Council’s Rangers and the customer that reported the matter be advised of Council’s resolution.

4.     Council’s Asset Section be notified for inclusion of the amended signs in Council’s asset management records and processes.

 

3        Links Road and Dunheved Circuit, St Marys - Proposed 'STOP' Signage Treatment

Clr Robin Cook thanked staff for their work and in finding a solution.                               

Raymond Tran – Transport for NSW (TfNSW) had some issues regarding the 60km sign and TfNSW maybe looking at reducing speed down to 50km. Discussions will be had offline with Lalaine Malaluan – Traffic Engineer                                                          

RECOMMENDED

That:

1.     The information contained in the report on Links Road and Dunheved Circuit, St Marys - Proposed 'STOP' Signage Treatment be received.

2.     The proposed signage and line marking plan be installed at the intersection of Links Road and Dunheved Circuit, St Marys as shown in Appendix 2.

3.     Councillor Robin Cook, the resident who raised the matter and the residents adjacent to the intersection be advised of Council’s resolution.

 

4        Burton Street, Werrington - Proposed Pedestrian Facilities, Traffic Calming with Associated Signage and Line Marking                               

RECOMMENDED

That:

1.     The information contained in the report on Burton Street, Werrington - Proposed Pedestrian Facilities, Traffic Calming with Associated Signage and Line Marking be received.

2.     Consultation be undertaken with directly affected residents, Werrington Public School and Council’s Yoorami Childcare and Out of School Care regarding the proposed installation of traffic calming devices and associated signage and line marking as shown in Design Plan TS0125 dated 9 May 2022 (Appendix 1).

3.     Subject to no substantial objections being received regarding the pedestrian facilities the project be listed to Council’s Major and Minor Traffic Facilities Program as well as grant applications to the NSW Government be considered to expedite construction of these facilities. 

4.     Once funding for these pedestrian facilities are obtained, the concept design as shown in Appendix 1, be forwarded to Council’s Design Co-ordinator to finalise design and construction estimates, with a Design Endorsement Report to the Local Traffic Committee as these are finalised.

5.     Council’s Asset Management Section be requested to assess and prioritise the provision of footpath and kerb ramps between Werrington Public School and Yoorami Childcare (Roebuck Road, Burton Street and Cottage Street) to ensure safe and accessible walking infrastructure.

 

5        Kukundi Drive and Alston Street, Glenmore Park - Proposed Installation of Centre Barrier Line Marking and Associated Signage    

RECOMMENDED

That:

1.     The information contained in the report on Kukundi Drive and Alston Street, Glenmore Park - Proposed Installation of Centre Barrier Line Marking and Associated Signage be received.

2.     Consultation be undertaken with affected properties regarding the proposed installation of double barrier (BB) centre line marking and associated signage on Kukundi Drive and Alston Street, Glenmore Park, as shown in Appendix 1.

3.     Subject to no substantial objections being received, the proposed line marking and signage be installed on Kukundi Drive and Alston Street, Glenmore Park, as shown in Appendix 1.

4.     Council’s Rangers and the resident that reported the matter be advised of Council’s resolution.

 


 

 

6        Forrester Road, St Marys - Endorsement of Design Plan AF76

Mayor Tricia Hitchen raised concerns about flooding issues in the area and pedestrian access. Adam Wilkinson – Engineering Service Manager noted that the current project entails signs and lines upgrades. There is a separate project which will see the intersection of Forrester/Christie/Boronia fully upgraded to a signalised intersection, at which time drainage will need to be considered and upgraded.

Raymond Tran – Transport for NSW (TfNSW) raised several technical issues which Lalaine Malaluan – Traffic Engineer will discuss with the design team. If the plans get endorsed by Council then we will need to submit a scope variation with TfNSW.             

RECOMMENDED

That:

1.     The information contained in the report on Forrester Road, St Marys - Endorsement of Design Plan AF76 be received.

2.     Consultation be undertaken with affected residents and surrounding businesses regarding the proposed median island stop treatment, pedestrian safety improvements, partial median closure and associated signage and line marking on Forrester Road, St Marys as shown in Appendix 1.

3.     Subject to no objections, Design Plan AF76 dated 16 May 2022 be endorsed for construction, with funding provided from the National Blackspot and Safer Roads Program.

4.     A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category.

 

7        Victoria Street Blackspot Project - Consultation Feedback and Endorsement of Design Plans AV39, AV40 and AV41                              

RECOMMENDED

That:

1.     The information contained in the report on Victoria Street Blackspot Project - Consultation Feedback and Endorsement of Design Plans AV39, AV40 and AV41 be received.

2.     Upon consideration of all submissions, Design Plans AV39, AV40 and AV41 be endorsed for construction, with funding provided from the National Blackspot & Safer Road Program 2021/22.

3.     A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category.

4.     Residents who made submissions be advised of Council’s resolution.

 


 

 

8        Cassola Place, Penrith - Proposed 'No Parking' Restrictions at Cul-de-sac

Mayor Tricia Hitchen requested Council Officers investigate options for improving parking in this location to facilitate access to the Great River Walk.                                  

RECOMMENDED

That:

1.     The information contained in the report on Cassola Place, Penrith - Proposed 'No Parking' Restrictions at Cul-de-sac be received.

2.     Consultation be undertaken with affected properties regarding the proposed installation of ‘No Parking’ signage on Cassola Place, Penrith.

3.     Subject to no substantial objections being received, the ‘No Parking’ signage be implemented on Cassola Place, Penrith, as shown in Appendix 1.

4.     Council’s Rangers and the customer who raised this matter be advised of Council’s resolution.

 

9        Hilltop Road, Hillcrest Avenue and Bel-Air Road, Penrith - Proposed 'No Stopping' Signs, 'Bus Zone' Signs and Double Barrier Lines          

RECOMMENDED

That:

1.     The information contained in the report on Hilltop Road, Hillcrest Avenue and Bel-Air Road, Penrith - Proposed 'No Stopping' Signs, 'Bus Zone' Signs and Double Barrier Lines be received.

2.     Consultation will be undertaken with the affected properties regarding the proposed signage and linemarking plan as illustrated in Appendix 1.

3.     Subject to no substantial objections being received, the proposed ‘No Stopping’ signs, ‘Bus Zone’ signs, and double barrier lines be installed on Hilltop Road, Hillcrest Avenue and Bel-Air Road, Penrith as shown in Appendix 1.

4.     Council’s Rangers and the resident who reported the matter be advised of Council’s resolution.

 

10      Hargrave Street, Kingswood - Endorsement of Signage and Line Marking Plan                                                                                                  

RECOMMENDED

That:

1.     The information contained in the report on Hargrave Street, Kingswood - Endorsement of Signage and Line Marking Plan be received.

2.     The signage and line marking plan by Transport and Traffic Planning Associates be endorsed for installation, as shown in Appendix 1.

3.     All works associated with the installation of the signposting and line marking shall be undertaken by the applicant at no cost to Council.

4.     The applicant and Council’s Rangers be advised of Council’s resolution.

 

11      Glengarry Drive, Glenmore Park - Consultation Feedback on Proposed Speed Cushions

Councillor Karen McKeown OAM thanked staff for the report and considering the feedback we had received during consultation. She queried if we would know what the shortfall in funding would be, as desirably we want all the work completed at once instead of staging it.                                                                                                             

RECOMMENDED

That:

1.     The information contained in the report on Glengarry Drive, Glenmore Park - Consultation Feedback on Proposed Speed Cushions be received.

2.     Upon consideration of all submissions, the previous proposal to install speed cushions on Glengarry Drive, Glenmore Park will be modified and it is proposed to install speed humps as shown in Appendix 1.

3.     Residents who made submissions be advised of Council’s resolution.

4.     Consultation be undertaken with affected residents regarding the proposed speed humps to be installed on Glengarry Drive, Glenmore Park.

5.     Subject to no substantial objections being received, the proposed speed humps be endorsed for installation, with funding provided from the LTC / Urgent Traffic Facilities budget.

 

12      Review and update of the Penrith Accessible Trails Hierarchy Strategy (PATHS)

Councillor Karen McKeown OAM raised concerns about on-going future funding for all this work; and the need to continue of the success of the past 10 years.                          

RECOMMENDED

That the information contained in the report on Review and update of the Penrith Accessible Trails Hierarchy Strategy (PATHS) be received.

 

 

GENERAL BUSINESS

 

GB 1 Closure of Old Bathurst Road, Emu Heights – Traffic Management Plan

Executive Summary

The purpose of this report is to consider a Traffic Management Plan (TMP) and Traffic Guidance Plans (TGS) for the temporary closure of Old Bathurst Road between Binya Street, Blaxland and No.5 Old Bathurst Road, Emu Heights. The proposed closure is associated with lighting upgrade works being undertaken by Blue Mountains City Council. The project will involve a pre-work stage with a contraflow arrangement lasting two (2) business days, and a construction stage with the complete closure of Old Bathurst Road set to last ten (10) business days commencing in early July 2022.

The report recommends that the TMP and TGS plans for the proposed closure of Old Bathurst Road within the Penrith Local Government Area, be endorsed.

Background

Blue Mountains City Council identified Old Bathurst Road in between Blaxland and Emu Heights as requiring street lighting upgrades to improve road safety during non-daylight hours for all road users and the local community. The works involve the construction of overheard mains to power several roadside luminaires to meet the relevant lighting requirements for the roadway. The detailed lighting assessment and design has been completed by Blue Mountains City Council, noting all works are contained within the Blue Mountains Local Government Area.

Current Situation

Blue Mountains City Council has provided a Traffic Management Plan (TMP) and Traffic Guidance Plans (TGS) to Penrith City Council (Appendix 1 and 2) for review and endorsement of the closure works, commencing within the Penrith Local Government Area along Old Bathurst Road. The subject section of Old Bathurst Road is a two-lane undivided corridor and functions as a key collector roadway linking the Blue Mountains and Penrith Local Government Areas. The roadway has an Average Daily Traffic (ADT) volume of approximately 12,000 vehicles.

The proposed closure of Old Bathurst Road will be between Binya Street, Blaxland and No.5

commencing just within the Penrith LGA boundary. The closure will involve three stages as provided in the below table.

Stage

Dates and Time

Control

Site Investigation & Pre-work Survey

Expected 2 business day closure between Thursday 9 June 2022 – Friday 10 June

2022 (10.00 am – 2.00 pm)

Contraflow arrangement as per TGS:186747. A single lane will be in operation in which traffic will be stopped and escorted safely

through the works area under a pilot/escort vehicle.

Construction and Installation

10 business day closure between Monday 4 July 2022

Friday 15 July 2022 (7.00 am to 4.30 pm)

Completed closure to all traffic excluding emergency and residential vehicles.

Refer to TGS: 186291.

Luminaire Installation

Expected 1-2 business day closure late July/mid-August 2022 (TBC)

Contraflow arrangement as per TGS:186747.

Note that the dates for the luminaire Installation stage are not yet determined due to a supply shortage of the luminaires.

As per the provided TGS plans prepared by Hix Group, the road closure will commence opposite No.5 Old Bathurst Road, Emu Heights, and feature a number of control measures including signage, qualified traffic controllers, a U-turn area, and Variable Message Sign (VMS) boards on approach to the closure near Russell Street and Wedmore Road, Emu Heights. The main closure is scheduled to occur during the school holidays to help minimise distribution and the detour route will be via the Great Western Highway. Access will be maintained for both emergency vehicles and residents affected by the closure. This section of Old Bathurst Road does not form part of a bus route, thus no impact is expected on public transport operations.

Blue Mountains City Council will undertake an extensive communication strategy to ensure both Blue Mountains and Penrith residents are aware of the closure. Communication avenues include information flyers distributed to affected residents, emailing information to key stakeholders, social media posts on Council’s online platforms, and a project FAQ on Council’s webpage. Note that Penrith Council’s Communication Team has agreed to forward social media posts to help advise the Penrith community of the closure.

Conclusion

Blue Mountains City Council has provided a Traffic Management Plan (TMP) and Traffic Guidance Plans (TGS) (Appendix 1 and 2) for the closure of Old Bathurst Road between Binya Street, Blaxland and No.5 Old Bathurst Road, Emu Heights. The proposed temporary closure is associated with lighting upgrade works being undertaken by Blue Mountains City Council. The closure will commence within the Penrith Local Government Area at Emu Heights, however, no works will be undertaken within the Penrith LGA. The closure will involve three stages, with the primary closure lasting ten (10) business days between Monday 4 July 2022 – Friday 15 July 2022 (7.00 am to 4.30 pm). Access will be maintained for both emergency vehicles and residents affected by the closure, and the detour route will be via the Great Western Highway.

RECOMMENDED

That:

1.      The information contained in the report on Closure of Old Bathurst Road, Emu Heights – Traffic Management Plan be received

 

2.      The Traffic Management Plan (TMP) and Traffic Guidance Plans (TGS) as provided in Appendix 1 and 2 be endorsed for the proposed closure of Old Bathurst Road within the Penrith Local Government Area.

 

3.      Approval be given for the temporary closure of Old Bathurst Road for the dates given in the Traffic Management Plan (TMP).

 

4.      Blue Mountains City Council, with the assistance of Penrith City Council’s Comminutions Team, undertake an extensive communication process as per the communication management plan to ensure the Penrith community is aware of the closure.

 

5.      All works as part of this approval be conducted at no cost to Penrith City Council.

 

6.      Blue Mountains City Council be advised of Council’s resolution.

 

GB 2           Victoria Bridge, Penrith (Log Cabin)   

Councillor Karen McKeown OAM has received complaints from residents about the screens at the newly built Log Cabin, which are distracting for drivers and wondered if there have been any accidents reported.

Andrew Jackson – Director Development and Regulatory Services (Chair) advised we have been looking into the matter along with other issues such as parking matters, and that Council Officers are speaking directly with the owner/developer of the Log Cabin.

RECOMMENDED

That information be provided to Councillors in a memo once investigations have been completed.

 

 

GB 3           Intersection of Great Western Highway and Charles Hackett          Drive, St Marys        

Councillor Karen McKeown OAM requested an update on this intersection.

Raymond Tran – Transport for NSW (TfNSW) advised he is still awaiting the traffic data to come back which should hopefully be this month and then he will provide a report on his recommendations into the possible right turn improvements.

RECOMMENDED

That the information be noted.

 

GB 4           Intersection of Third Avenue and Fifth Avenue, Llandilo       

Mayor Tricia Hitchen requested an update on this intersection as she believes another accident occurred at this location over the weekend.

Andrew Jackson – Director Development and Regulatory Services (Chair) advised we are seeking information from the Police and will do a traffic review of the location. Last week a review was done of the signs and line marking in the area as well as a night audit.

RECOMMENDED

That the information be provided to Councillors in a memo once investigations have been completed.

 

 

There being no further business the Chairperson declared the meeting closed the time being 10:43am.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 June, 2022 be adopted.

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Outcome 2 - We plan for our future growth

 

1        Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North    

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

 

2        Deed of Novation of Voluntary Planning Agreement for 731-769 Great Western Highway (French Street), Werrington

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                23

 

3        Faster Local Assessment Grant Program                                                                        36

 

 

Outcome 4 - We have safe, vibrant places

 

4        Centre Corporations - 2022-23 Business Plans                                                              49

 

 

Outcome 6 - We are healthy and share strong community spirit

 

5        Youth Week 2022                                                                                                             57

 

6        Request for Major Event Sponsorship - Regatta Restaurant and Bar Pty Ltd (t/a Lakeside Restaurant)                                                                                                                       62

 

7        Disability Inclusion Action Plan 2022-2026 - Final document                                         66

 

8        Update on COVID Recovery - Special Purposes Grant                                                  72

 

 

Outcome 7 - We have confidence in our Council

 

9        Adoption of Community Strategic Plan - Penrith 2036,+ 2022-32 Resourcing Strategy, Delivery Program 2022-26 and 2022-23 Operational Plan                                             77

 

10      Model Code of Meeting Practice                                                                                      92

 

11      Council Property - Lease Agreement - Joan Sutherland Performing Arts Centre - 597- 599 High Street Penrith                                                                                                           96

 

12      Plan of delimitation over Council's land located at 6 Cox Avenue Kingswood (Part of lot 1 DP 198211)                                                                                                                      99

 

13      Proposed easement over Council's land located at Lot 349 and Lot 350 DP14333, 5A Stafford Street Kingswood                                                                                             104

 

 

 

 

14      WestInvest Program                                                                                                       109

 

15      Summary of Investment & Banking for the period 1 May 2022 to 31 May 2022           115

 

 

 

 

 

 

 

 


 

 

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        Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North  

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

 

2        Deed of Novation of Voluntary Planning Agreement for 731-769 Great Western Highway (French Street), Werrington

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                23

 

3        Faster Local Assessment Grant Program                                                                        36

 

 

 

 

 



Ordinary Meeting                                                                                                   27 June 2022

 

 

 

1

Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North    

 

Compiled by:               Joel Carson, Senior Planner

Natalie Stanowski, Principal Planner

Nicole Dukinfield, Principal Planner

Authorised by:            Natasha Borgia, City Planning Manager

Kylie Powell, Director - City Futures  

 

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

Facilitate appropriate land use outcomes for our city that are consistent with our Local Strategic Planning Statement

 

Previous Items:           Accelerated Housing Delivery Program update - Councillor Briefing - 23 Apr 2018

                                      Orchard Hills North Planning Proposal (Accelerated Housing Delivery Program site) - Policy Review Committee - 04 Jun 2018

                                      Orchard Hills North Planning Proposal (update) - Councillor Briefing- 19 Oct 2020

                                      Orchard Hills North Planning Proposal - Councillor Briefing - 12 Apr 2021

                                      Update on Orchard Hills North Planning Proposal - Councillor Briefing - 21 Mar 2022

                                      Orchard Hills North Draft Development Control Plan and Draft Contributions Plan - Councillor Briefing - 16 May 2022   

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

 

Proponent: Legacy Property

 

Land: Located at Caddens Road, Kingswood Road, Frogmore Road and Castle Road, Orchard Hills

 

Executive Summary

 

The purpose of this report is to make recommendations regarding progressing the Planning Proposal to amend the Penrith Local Environmental Plan (LEP) 2010 for Orchard Hills North to a public exhibition. Assessment of the recently submitted draft Section 7.11 Development Contributions Plan (draft OHN CP), draft letter of offer to enter into a Voluntary Planning Agreement (VPA), and draft Development Control Plan (DCP) has enabled Council to consider that the matter can be progressed to a public exhibition. The report identifies risks to Council and the community, and how these risks are intended to be mitigated prior to future consideration to adopt the proposed plans.

 

Since the Planning Proposal received a Gateway Determination to publicly exhibit the Planning Proposal, several significant changes have occurred to the Planning Proposal in response to State agency feedback, particularly the need for regional infrastructure as identified by Transport for NSW (TfNSW). These changes are detailed in this report, for Council’s information.

 

Councillors have received the following Councillor memos on the Planning Proposal:

1.   29 March 2018 – Lodgement of Planning Proposal

2.   4 August 2021 – Advising on the progress of the project

3.   2 September 2021 - Response to landowner enquiries expressing concerns over perceived delays of the exhibition of the Planning Proposal

4.   25 February 2022 – Advising of the updated timeframes issued by amended Gateway Determination

5.   4 March 2022 – Advising of the Gateway Determination timeframe

6.   29 April 2022 – Advising of Orchard Hills North Facebook posts regarding proposed north-south road corridor

7.   11 May 2022 – Regarding the Councillor Briefing of 16 May 2022

8.   16 May 2022 – Regarding correspondence received from Legacy Property on 16 May 2022

9.   25 May 2022 – Regarding change to intended reporting date to Council

 

In March 2018, the Planning Proposal was lodged with Council to rezone the subject land.

At its Policy Review Committee meeting of 4 June 2018, Council resolved to prepare and forward the Planning Proposal to the Minister for Planning to request the issuing of a Gateway Determination to publicly exhibit the Planning Proposal. A Gateway Determination was issued by the NSW Department of Planning and Environment (DPE) in February 2019.

 

Council has been working closely with DPE and other State agencies including TfNSW and the proponent to resolve outstanding issues with the Planning Proposal as required by the Gateway Determination conditions, prior to public exhibition. These issues have largely been related to the identification and funding of local and state infrastructure requirements, and the need to prepare a draft Development Control Plan (DCP) and draft OHN CP to be placed alongside the Planning Proposal on public exhibition. The most challenging issue to resolve prior to public exhibition has been the need to identify and preserve a North-South road corridor through the subject land. This corridor was first identified by DPE and TfNSW in July 2019 and has only recently been resolved. As a result, the Planning Proposal has had to respond to this new corridor and subsequently, changes to the Master Plan and proposed zoning of land have occurred. Council was also required to address all Gateway Determination conditions prior to public exhibition.

 

The finalised studies, draft DCP and draft OHN CP were submitted by the proponent in February 2022, and it is not until this time Council officers have been able to review and understand the full extent of infrastructure requirements and the associated financial implications to advance the Planning Proposal.

 

In an amendment to the Gateway conditions in February 2022, DPE included milestone dates within which Council is required to progress and complete the Planning Proposal process. The dates require public exhibition to commence by 4 April 2022, a report to be made to Council post-exhibition for final consideration by 30 June 2022, and for the LEP to be Gazetted by 31 July 2022. On 23 May 2022, DPE advised Council officers that the matter may be reported to the 27 June 2022 Ordinary Meeting of Council for decision to progress to public exhibition. DPE noted that it is unlikely that any further extensions to the Gateway timeframes will be granted and that the Minister for Planning may take action if the timeframes are not met.

 

Given the DPIE timeframes associated with the Planning Proposal, the Council officer recommendation is that the Planning Proposal proceed to public exhibition, and that the risks and financial implications identified in this report are worked through with the proponent and other relevant stakeholders to minimise the financial risks to Council. It is important to note that the risks are not realised until the Planning Proposal is actually made, and the land is rezoned. Therefore, it is also strongly recommended that if these risks cannot be further mitigated prior to any future consideration by Council post-exhibition for adoption of the proposed plans that the rezoning does not proceed. Some of the mitigating factors to these implications are reliant on future planning and rezoning outcomes in the context of the broader Greater Penrith to Eastern Creek (GPEC) Growth Area, and more specifically Orchard Hills South and the planning around the future Metro rail station. At this point in time there is no certainty that these outcomes will occur, however with the assessment of the broader planning for GPEC, it is possible that the risks to Council could be mitigated. There is also a reliance on attaining State Government commitment to acquisition of land for the north-south road through the subject land, and the construction of that roadway, which to date has not been obtained.

 

There has been a number of discussions with proponents since identifying the financial risks and there has been significant progress in addressing these risks. Advancing the proposal to public exhibition would enable the community to provide its feedback in relation to the proposal, based on the information prepared to date. Given Council officers have only had limited time to work through the responses from the proponent on the financial implications of the proposal, the time during and post-exhibition can be used to work further with the proponent and other stakeholders to further mitigate the financial risks and update the relevant documentation. Therefore, as part of the exhibition material, Council officers will include a fact sheet which will explain the changes that will likely be made to all the relevant documentation in response to the proposed mitigation measures. It is recommended that the draft DCP, draft OHN CP and Letter of Offer are placed on public exhibition for a period of 28 days in accordance with the requirements outlined in the Environmental Planning and Assessment Act 1979 (EP&A Act), alongside the Planning Proposal and associated technical studies.

 

Background

 

At the Ordinary Meeting of 27 November 2017, Council considered a report on the Accelerated Housing Delivery Program (AHDP). The purpose of the AHDP was to identify land suitable for the delivery of new release housing over the following 5 years, through an open and transparent submission process.

 

The AHDP was open to landowners with land approximately 100 hectares in size (or more), capable of producing 1,000+ lots, and with access to immediate infrastructure, to make a submission. Council received 11 submissions, which were then considered against the AHDP assessment criteria. As an outcome of this process, 2 sites (Glenmore Park Stage 3 and Orchard Hills North) were recommended to be pursued as accelerated housing delivery sites, as they demonstrated consistency with the assessment criteria.

 

Councillors endorsed the 27 November 2017 report recommendation, which required that discussions be undertaken with the proponents to commence a statutory planning process. Council officers subsequently undertook extensive consultation with the proponent of Orchard Hills North (Legacy Property) and relevant government agencies to facilitate lodgement of a Planning Proposal.

 

On 27 March 2018, Council received a Planning Proposal (RZ18/0004) from Legacy Property which seeks to amend Penrith LEP 2010 for a 146.1ha site located at Caddens Road, Kingswood Road, Frogmore Road and Castle Road in Orchard Hills, known as Orchard Hills North (the rezoning area). At present the rezoning area is zoned RU4 Primary Production Small Lots under Penrith LEP 2010 and is utilised predominantly for rural residential lifestyle properties. A site location map may be found at Attachment 1.

 

The rezoning area contains a total of 54 existing lots and consists of multiple land holdings. It is envisaged that the development of the rezoning area would deliver approximately 1,729 dwellings in a broad mix of housing types, and a population of around 5,187 people. The majority of housing would be standard detached dwellings. There would also be a medium density housing area central to the rezoning area around the village centre and east-west road corridor. A large lot housing area is envisaged in the south-east corner of the rezoning area. New parks, sportsfields, stormwater facilities and roads are planned to support the additional population. A draft structure plan map may be found at Attachment 2.

 

It is noted that the lands to the west of the rezoning area, broadly between Kingswood Road and The Northern Road, are not subject to the Planning Proposal and are therefore not proposed to be rezoned. For the purposes of this report, references to the ‘Structure Plan area’ mean both the rezoning area (Area A) and the land west of the rezoning area to The Northern Road (Area B).

 

At its Policy Review Committee meeting of 4 June 2018, Council considered a report on the Orchard Hills North Planning Proposal and resolved to endorse the Planning Proposal, and that it be forwarded to the Minister for Planning with a request to issue a Gateway Determination. The resolution also requires that, following the issuing of a Gateway Determination, a report is to be presented to Council to seek resolution to publicly exhibit a DCP and Section 7.11 Development Contributions Plan alongside the Planning Proposal.

 

Following the 4 June 2018 Council meeting, Council officers and the proponent resolved outstanding issues relating to an agreed sportsfield configuration, in accordance with the Council resolution. On 31 July 2018, Council submitted the updated Planning Proposal to DPE to request a Gateway Determination.

 

On 22 February 2019, a Gateway Determination was issued for the Planning Proposal (DPE reference PP_2018_PENRI_006_00). The Gateway Determination enables the Planning Proposal to proceed to public exhibition after the conditions of the Gateway have been addressed.

 

The key Gateway requirements to be addressed prior to proceeding to public exhibition are:

§ Preparation of a transport assessment to identify the impact of the development on the surrounding road network and critical intersections, under guidance from NSW Roads and Maritime / Transport for NSW.

§ Preparation of a site-specific DCP to support the Planning Proposal.

§ Preparation of a Section 7.11 Development Contributions Plan to support the Planning Proposal.

§ Undertake pre-exhibition consultation with the NSW Rural Fire Service.

§ Council to consider providing a minimum lot size control in the Penrith LEP 2010 instead of utilising the DCP as proposed, to provide greater certainty to dwelling yields.

§ The Planning Proposal is to be referred to Council’s Local Planning Panel for its consideration and views.

§ Should the Planning Proposal be significantly altered prior to exhibition, Council is to consider seeking an altered Gateway Determination and liaise with DPE.

 

The Planning Proposal was presented to Council’s Local Planning Panel (LPP) at its meeting of 10 April 2019. The Planning Proposal was generally supported to proceed in terms of its strategic consistency, noting the current State and local planning strategies. The LPP advice stated a preference that the minimum lot size control be incorporated into LEP 2010 as a development standard, with some allowance for flexibility in lot sizes. The LPP advice also sought that Council closely consult with the NSW Department of Education / Schools Infrastructure NSW in respect to future educational needs arising from the rezoning and to consult with TfNSW, particularly regarding access to and from The Northern Road. The LPP also recommended that appropriate road widths are accommodated for bus routes, service vehicles, street parking and access.

 

Key changes to the Planning Proposal

Since the issue of the original Gateway Determination in February 2019, Council has been working closely with DPE, the proponent and State agencies (largely TfNSW) to enable the Planning Proposal to proceed to public exhibition. As a result of these discussions, several significant changes to the Planning Proposal have occurred as a result of responding to and addressing State agency issues.

 

The changes made to the Planning Proposal since its original endorsement in June 2018 are outlined below. It should be noted that the changes presented below have not changed the original intent of the Planning Proposal including the maximum number of dwellings originally anticipated and considered by Council in 2018.

 

Preservation of a North-South road corridor

Since the original Gateway Determination was issued by DPE in February 2019, Council, DPE, TfNSW and the proponent have been working on the preparation of a Transport Management and Accessibility Plan (TMAP) to identify any required traffic and transport-related infrastructure upgrades arising from the development. It was during the development of the TMAP that Council and the proponent were first notified by TfNSW and DPE that the subject land would need to plan for a future major road connection with a North-South alignment, given the sites’ location between the Great Western Highway and the future growth areas to the south of the M4 Motorway. The need for this corridor was first tabled by DPE and TfNSW in July 2019, following their initial planning for the GPEC Growth Area and the regional traffic modelling being undertaken for this area identifying a need for a new north-south connection between Orchard Hills South and the Great Western Highway given the location of the future Metro station in Orchard Hills. The full extent of this corridor would not need to be built now, but importantly, preserved and not developed, so that in the future when needed, the full extent of the corridor could be constructed.

 

To date, there has been considerable effort by DPE, TfNSW, Council and the proponent to determine the alignment and width of the corridor, and to find a mechanism to preserve it for future important transport connections, prior to the release of the planning and transport modelling for GPEC. This has been a challenging exercise due to the following:

 

·    DPE, TfNSW and Council agreed that the ultimate (long term) width of the corridor should provide for a total of four lanes, with two lanes in each direction, and associated pedestrian facilities.

·    Identifying the alignment of the North-South road corridor, so that it did not unfairly burden affected landowners. TfNSW and Council have recommended the proposed corridor width and alignment.

·    Traffic modelling indicated that the proposed development / rezoning would mostly generate a need for a total of two lanes only, one lane in each direction. This meant, that under the Local Development Contributions framework (and the need to demonstrate nexus between the development and any developer levies for local infrastructure), Council would only be able to fund the acquisition of land and construction costs of two lanes instead of all four lanes, through the draft OHN CP.

·    The need to identify a planning mechanism within the LEP to preserve the land for the remaining two lanes. Given that there is currently no commitment or funding mechanism by State Government to fund the acquisition and construction of the remaining two lanes, it was agreed that a mechanism needed to be identified to enable the land for the remaining two lanes to be preserved. As detailed above, the full extent of the road corridor does not need to be funded now and future funding source may be identified at a later stage through future planning of Orchard Hills South, which is an Urban Investigation Area under Council’s Local Strategic Planning Statement (LSPS) and part of GPEC, or through State Government funding. 

 

Council, DPE and TfNSW have worked closely over the past two years to identify and develop a planning mechanism to preserve the remaining two lanes. It wasn’t until March 2022, Council received written correspondence from DPE confirming the mechanism to preserve the future North-South road corridor. The DPE advice states that the Penrith LEP 2010 is to include a ‘hatching’ area on the Land Zoning Map that follows the proposed alignment of the ultimate extent of the North-South corridor, to be labelled as a Transport Investigation Area. A supporting clause would need to be inserted into Penrith LEP 2010 that outlines that development cannot be carried out on land where the Transport Investigation Area overlay applies, unless TfNSW provides concurrence (or agreement). This clause is based upon an existing precedent that applies to land in the Western Sydney Employment Area which is governed by State Environmental Planning Policy (SEPP) (Industry and Transport) 2021.

 

If the Planning Proposal was to proceed, land subject to funding by the local draft OHN CP would need to be zoned SP2 Infrastructure - Local Road and identified on the Land Reservation Acquisition Map. The proposed Land Zoning Map, including the Transport Investigation Area overlay, would also need to be placed on public exhibition as part of the Planning Proposal.

 

Introduction of minimum lot sizes

Following a recommendation of the LPP, and in response to the Gateway Determination condition to consider the application of minimum lot sizes to be within the LEP instead of the DCP, the following lot sizes are proposed within the LEP if the Planning Proposal was to proceed:

 

·    A minimum lot size of 300m2 applied through the Minimum Lot Size map where low density dwellings are envisaged.

·    A minimum lot size of 220m2 applied through the Minimum Lot Size map where medium density dwellings are envisaged.

·    A LEP clause is proposed to be introduced that will outline for any development proposed that is of a lot size equal to or less than 300m2, an Integrated Development Application must be made. This means that a Development Application to subdivide the land must also include the construction of a dwelling, to better assess the proposed development and its impacts.

·    For lots where the finished slope is greater than 10%, a minimum lot size of 450m2 will apply. This is proposed to be inserted into the LEP as a clause. 

·    A minimum lot size of 2000m2 applied through the Minimum Lot Size map for land zoned C3 Environmental Conservation.

 

In addition to the Minimum Lot Size map, it is noted that the LEP amendment seeks to place a maximum cap of 1,729 lots to be delivered within the rezoning area. The proposed LEP amendment also seeks to break the rezoning into 6 precincts, where within each precinct a mix of lot sizes must be provided to ensure diversity in lot sizes is delivered.

 

Quantity of Open Space

Following the issuing of the original Gateway Determination in February 2019, and due to changes to the development Master Plan and zoning as a result of other planning matters such as the introduction of the road corridors, the proposed open space provision across the rezoning area was further revised by Legacy Property and addresses Council’s requirements.

 

The overall provision of open space in the rezoning area has now reduced from the original 20.8 ha (14.9ha passive, 5.9ha active) proposed in 2018, to a current proposed total of 15.7ha (8.5ha passive, 7.2ha active). The reduction in quantum relates to passive local open space, which was over-provided for in the original Planning Proposal. The current Planning Proposal reflects an increase in the active open space component, and more appropriately located open space parcels.

 

Although the open space has reduced, it is still consistent with Council’s previous Open Space provision rates under the PLANS 2004 and Open Space Action Plan 2007 (now superseded by the Penrith Sport and Recreation Strategy 2020) which was in effect at the time of the Planning Proposal’s lodgement. In resolving the proposed provision of open space, the proposed rezoning provides open space at a provision of 3.04ha/1000 persons, which is acceptable. The open space strategy supporting the Planning Proposal has been endorsed by Council officers.

 

Orchard Hills Rural Fire Brigade

The existing Orchard Hills Rural Fire Brigade is situated on Council-owned land known as Lot 6 DP 239091 (58-64 Castle Road, Orchard Hills). This lot forms part of the proposed sportsfields site.

 

The endorsed open space strategy which supports the Planning Proposal seeks to retain the existing Orchard Hills Rural Fire Brigade building in its current location with a curtilage, adjacent to the proposed sportsfields and facilities.

 

Council officers recently consulted formally with the NSW Rural Fire Service (RFS) in relation to the Planning Proposal. In written advice received in March 2022 the RFS made no objections to the Planning Proposal, nor did it make comment or outline its requirements around the existing Orchard Hills Rural Fire Brigade or future operational requirements, given the future introduction of the sportsfields.

 

Reduction in the size of the village centre

The proponent has reduced the size of the village centre following the introduction of the North-South road corridor and other changes to the Master Plan. Given the change in the size of the village centre, further urban design analysis work will be required from the proponent to ensure the size and shape of the village centre can produce an appropriate urban design outcome.

 

Department of Planning and Environment timeframes

The initial Gateway Determination issued in February 2019 included a timeframe to complete the LEP, which was within 24 months of the issue of the Gateway Determination (being February 2021). Due to the need to identify and preserve a North-South road corridor, resolve significant matters with the proponent and respond to State agencies and the LPP advice, this timeframe has not been achievable.

 

Under planning reforms led by the State Government, DPE introduced a new ‘Cohort’ Planning Proposal program, where Planning Proposals that had been in the system and were experiencing challenges were assisted by the DPE’s Planning Delivery Unit to assist in unlocking any obstacles and working towards a resolution. Councillors were briefed on these proposals at the Councillor Briefing of 14 February 2021. These Planning Proposals were issued timeframes for completion by DPE and if these timeframes were not achieved, the Minister for Planning has the ability to ‘call in’ the Planning Proposal to be refused or made. Whilst this Planning Proposal has been identified as a Cohort Planning Proposal for some time, the need to find a resolution to the North-South road corridor has meant that timeframes for completion have needed to be flexible and therefore, the Minister has not yet called in the Planning Proposal.

 

DPE wrote to Council on 24 February 2022 with an alteration to the Gateway Determination which included additional milestone dates to progress the Planning Proposal. The alteration states that the Planning Proposal is to be publicly exhibited by 4 April 2022, a report to be made to Council post-exhibition for final consideration by 30 June 2022, and for the LEP to be Gazetted by 31 July 2022. The alteration also stated that if these timeframes were not met, consideration may be given to whether the Planning Proposal should proceed.

 

On 3 March 2022, Council officers wrote to DPE to convey concerns over the new timeframes issued by DPE, stating that they are unrealistic and unachievable. The correspondence requested that DPE amend the timeframes to enable sufficient time for completion of the necessary work required for a public exhibition.

 

On 7 April 2022, DPE responded to Council’s letter and acknowledged that with Planning Proposals with significant challenges, including the Orchard Hills North Planning Proposal, there are greater challenges in meeting the timeframes. Notwithstanding the above, DPE encouraged Council to place the Planning Proposal on public exhibition as soon as possible without amending the milestones imposed.

 

On 23 May 2022, DPE advised Council officers that the matter may be reported to the 27 June 2022 Ordinary Meeting of Council for decision to progress to public exhibition. DPE requested that they be provided with an update regarding the progress of the Planning Proposal as soon as possible after that meeting. DPE noted that it is unlikely that any further extensions to the Gateway timeframes will be granted and that the Minister for Planning may take action if the timeframes are not met.

 

Draft Development Control Plan

The proponent has prepared a draft site-specific DCP to form a chapter of Penrith DCP 2014 that provides detailed planning and development controls and guidelines for specific types of development. The proposed draft DCP has been separately enclosed to this report.

 

Whilst Council has been working with the proponent in preparing the draft DCP, due to the timeframes set by DPE in finalising the Planning Proposal, there is still further review to be undertaken including:

·    An acoustic assessment of impacts of the M4 Motorway and the proposed North South corridor on nearby residential land is required. This assessment will help identify any specific controls required to insert into the DCP to mitigate the impacts of noise on new dwellings. The results of this assessment may result in changes to the final zoning or development controls post-exhibition, if the Planning Proposal was to proceed. 

·    As highlighted earlier in this report, the village centre has been reduced in size following the introduction of the North-South road corridor. Council will need to analyse the revised configuration to ensure it can be developed with appropriate land use and urban design outcomes. The results of this analysis may result in changes to the final zoning or development controls post-exhibition, if the Planning Proposal was to proceed. 

 

It is noted these matters can be resolved with the proponent and be undertaken during the exhibition period.

 

 

Draft Section 7.11 Development Contributions Plan

A draft site-specific Section 7.11 Development Contributions Plan (draft OHN CP) has been prepared in order to deliver the infrastructure required to support future development within the rezoning area. The draft OHN CP has been informed by specialist studies such as the TMAP, Open Space Strategy and Stormwater and Flood Management Strategy which were finalised and submitted to Council in February 2022. The draft OHN CP applies only to Area A (rezoning area) and not to Area B. The proposed draft OHN CP has been separately enclosed to this report.

 

Council officers engaged consultants to provide a peer review of the draft OHN CP given the limited timeframes to finalise the Planning Proposal and the need to understand any financial implications for Council and the community.

 

The draft OHN CP facilitates the delivery of the following items, that relate to the rezoning area only:

 

Infrastructure Items

Costs (approximate)

·    Collector and sub-arterial roads

·    Certain local roads adjacent to public infrastructure

·    Bus stops

·    Off-site road upgrades

·    Widening or resurfacing of existing roads

$95,508,455

·    Active and passive open space, including playgrounds, sporting fields and bushland parks

$69,538,193

·    Detentions Basins

·    Drainage channel

·    Raingarden

·    Gross Pollutant Traps

$51,553,381

 

Works Apportioned to other development

The draft OHN CP includes some works that are apportioned to both the rezoning area and to future growth external to the site. This means that the draft OHN CP will not collect all the contributions required to deliver certain works as you can only include works that relate directly to the rezoning area. Certain infrastructure items are located in Area B but are also required to service Area A. These include part of the East-West Road, Frogmore Road resurfacing and Basin B7. As such these items are partly apportioned to Area B, which is not within the draft OHN CP. This creates a $29.3m shortfall in being able to deliver the full extent of the infrastructure if Area B does not progress to a rezoning and a contributions plan developed.

 

In addition, the North-South Road, located in Area A, is also apportioned to Area B ($4m) and off-site infrastructure ($2.3m) has also been apportioned to Area B. This creates a further shortfall of $6.3m pending the progression of Area B.

 

The shortfall outlined above equates to $35.6 million that would be needed to deliver the full extent of works detailed in the contributions plan and technical documents. This also provides a risk that works that need to occur within Area A (East-West Road and North-South Road) are not fully funded due to the proposed apportionment.

 

 

Works apportioned to background growth

 

The cost of a number of road works is also apportioned to broader background growth across Penrith Local Government Area (LGA). This equates to a $5.5m shortfall that has no funding source at this stage and cannot be included in a contributions plan to enable upgrade and intersection works to be completed. Although this was identified in the traffic modelling undertaken in relation to Orchard Hills North, this relates to general LGA wide growth, therefore there is no direct nexus to include this is in any funding mechanism attributed to this rezoning.

 

Funding for preserved North South Road Corridor

 

Whilst the hatching on the North-South Road corridor is essential for the preservation of the road corridor, this does not secure a funding source. This still needs to be investigated regarding what can be included in a future contributions plan and what can be borne by the State, but the funding gap currently is estimated to be over $8.2m based on current costs and comparable rates.

 

Essential Works List and IPART Approval

The total cost per dwelling/lot under draft OHN CP is $102,310. This cost exceeds the cap on development contributions set through a Direction by the Minister for Planning which is $30,000 for Greenfield areas. In order for Council to be able to charge the full rate of contributions under the draft OHN CP, it must only fund ‘Essential works’ and be reviewed by IPART. Recommendations from IPART are provided to the Minister for Planning, where Council may be directed to make amendments to the draft OHN CP before it is approved.

While this process is common for development contribution plans for release areas, it would be Council’s first IPART reviewed development contributions plan and carries the risk that works items may be amended or removed if not accepted by IPART. This may result in changes to what items are delivered, costs of land and works and the apportionment of these costs. This risk may result in changes to the plan that could lead to a shortfall in funding for local infrastructure.

 

In order to manage the potential risks, draft OHN CP has been prepared to comply with the essential works list and the costs of the works have been peer reviewed. If the Planning Proposal was to proceed, it would be proposed that the rezoning of the land is not finalised until such time as the draft OHN CP is IPART reviewed so that Council can understand the impact of any changes to the plan.

 

Should IPART not accept the full contribution amount, the financial risk to Council would be a funding gap of approximately $72,000 per lot. With Orchard Hills North, potentially delivering 1,729 dwellings, this equates to an approximate $124m gap.

 

Outstanding Matters

Whilst Council has been working with the proponent in preparing the draft OHN CP, due to the timeframes set by DPE in finalising the Planning Proposal, the draft OHN CP has been peer reviewed to understand the financial implications. It is unlikely that the list of infrastructure items will change.

 

If the Planning Proposal was to proceed, the following matters still need to be worked through in the OHN CP:

·    The inclusion of monetary contributions towards the citywide recreation facility at Gipps Street.

·    Review of apportionment of transport items.

·    Inclusion of works specifications.

·    Review of proposed land values.

·    Review of indexation.

·    Adjustment of items to ensure compliance with the essential works list.

·    Review of staging and sequencing.

 

The above does not change the financial risk outlined in this report.

 

Staging and Delivery

As Orchard Hills North has fragmented ownership, the draft OHN CP will be critical to guiding the appropriate staging and delivery of infrastructure. Unlike other housing release areas within Penrith LGA, it is likely that Council will need to assist with the delivery of infrastructure in this precinct because the proponent does not control all land in the rezoning area. Council’s ability to deliver works will be dependent on the availability of funds within the Contributions Plan.

 

The above identified financial risks were initially flagged with the proponent at a meeting of the 6 April 2022, and further discussed in several meetings in May and June 2022. There has been significant progress in addressing the financial risks and these will continue to be explored during the exhibition of the planning proposal.

 

Offer to enter into Voluntary Planning Agreement (local)

A letter of offer for Council and Legacy Property to enter into a local Voluntary Planning Agreement (local VPA) has been submitted by the proponent. The offer seeks to wrap up obligations the developer would be subject to under the draft OHN CP and also provide additional public benefits that are not on the essential works list and are in addition to any development contributions. Noting that the negotiations and offer are only applicable to land that Legacy will have ownership of which is currently 34% of the land (781 dwellings) or about 45% of the dwellings / contribution value within the rezoning area. A copy of the VPA letter of offer is provided at Attachment 3.

 

The offer provided to Council includes the following items within the draft OHN CP:

·    A total of $78.59m in development contributions, to be delivered through a monetary contribution of $39.73m and works in kind (WIK) to the value of $38.85m including:

Part delivery of open spaces 1 & 5.

Full delivery of open space 4 & 8.

Full delivery of bush open space 3.

Part delivery of Basin 2 and riparian corridor.

Preparation of concept designs for certain parts of the North-South and East-West roads.

Part delivery of the East-West road.

Part delivery of the North-South road.

 

In addition, the offer also provides the following additional benefits:

·    $335,000 for public artworks in open space 8.

·    $440,000 towards an off-site community facility.

·    23 affordable housing dwellings, representing 3% of the forecast dwelling yield for the land, or a monetary contribution based on a future rate.

 

The offer was reviewed by Council’s internal Local Infrastructure Contributions Working Group (LICWG), as required by Council’s adopted Penrith Developer Infrastructure Agreements Policy. The group recommended that:

 

·    Further detailed discussion should be held internally regarding the offer in relation to the public art and community facility contribution.

·    Further discussion to be held in relation to the proposed staging of works.

·    That maintenance period complies with the VPA template or longer, where required.

·    That the affordable housing contributions be consistent with Councils current work in this.

·    That further work be undertaken to understand the impact of interim works to the financial status of the future Contributions Plan.

 

Matters for consideration on the offer are:

 

·    Ensure that contributions obligations captured in the offer are fair and any possible contribution credits are understood and supported.

·    How the works can be delivered in an orderly and economic manner.

·    Whether any interim or rectification works are required due to the part delivery of work and the impacts on the contributions plan funding.

·    The acceptability of the contributions to public art and a community facility.

·    Whether the proposed security for the offer suitably manages the risk of non-delivery of the agreement.

·    Maintenance periods.

 

If the Planning Proposal were to proceed, the acceptability of the offer will be determined on its compliance with Penrith Developer Infrastructure Agreements Policy. It is noted that a draft VPA will be required to be prepared and reported to Council for notification and any requirement of finalising the Planning Proposal will be that the VPA is executed for the land.

 

Affordable Housing

Council is currently working on determining an affordable housing rate for rezoning areas at Orchard Hills North and Glenmore Park Stage 3, and this may be incorporated through a formal Affordable Housing Scheme. This is an additional contribution applied and is also developed in consideration of feasibility and the ability to pay. This work will be used to assess the suitability of the offer and address affordable housing more broadly, particularly for fragmented land such as that in Orchard Hills North.

 

Offer to enter into a Voluntary Planning Agreement (State)

There is a need to secure State and regional infrastructure required to support the Planning Proposal and broader region.

 

On 13 April 2022, DPE indicated in correspondence to Council that a letter of offer for Legacy Property and DPE to enter into a State Voluntary Planning Agreement (State VPA) has been submitted by Legacy Property. It is understood that the offer includes monetary contributions toward upgrades to the intersections of the regional road network and a land contribution towards a new primary school being 1.5ha of land. It is noted that DPE has not provided Council with a copy of the Legacy Property letter of offer to DPE to enter into a State VPA, at the time of writing this report. The offer also includes the dedication of land for a portion of the North-South road corridor, that will be in the ownership of Legacy Property.

 

DPE has indicated it has sought additional information from Legacy Property in relation to the offer. The offer has also been forwarded to TfNSW so that the offer aligns with TfNSW’s preferred design option for the North-South road corridor.

 

Public Exhibition

Should Council endorse the draft DCP, draft OHN CP and Letter of Offer to proceed to exhibition, the following information will be publicly exhibited for a period of 28 days in accordance with the requirements outlined in the EP&A Act:

·    The Planning Proposal and associated technical studies;

·    Draft site-specific amendment Penrith Development Control Plan 2014 relating to Orchard Hills North;

·    Draft Orchard Hills North Contributions Plan;

·    Letter of Offer;

·    Fact Sheet outlining proposed changes to the various planning documents to mitigate the risks outlined in this report;

·    Gateway Determination issued by DPE; and

·    Any other relevant plans and strategies.

 

The package of information will be publicly exhibited via various methods including on Council’s website, through newspaper advertisements, and notices at Penrith and St Marys libraries.

 

It is also proposed to write to affected landowners of the proposed rezoning advising of the public exhibition and to seek their views on the Planning Proposal. 

 

Financial Implications

There are financial implications for Council’s consideration, relating to the draft OHN CP and infrastructure delivery.

 

External Funding Required

The draft OHN CP includes some works that are apportioned to both the rezoning area and to future growth external to the site. Certain infrastructure items are located in Area B but are also required to service Area A. These include part of the East-West Road, Frogmore Road resurfacing and Basin B7. As such these items are partly apportioned to Area B, which is not within the draft OHN CP. This creates a $29.3M shortfall in being able to deliver the full extent of the infrastructure if Area B does not progress to a rezoning and a Contributions Plan developed.

 

In addition, the North-South corridor, located in Area A, is also apportioned to Area B ($4m) and off-site infrastructure ($2.3m) has also been apportioned to Area B. This creates a further shortfall of $6.3m pending the progression of Area B.

 

The shortfall outlined above equates to $35.6 million that would be needed to deliver the full extent of works detailed in the Contributions Plan and technical documents. This also provides a risk that works that need to occur within Area A (East-West Road and North-South Road) are not fully funded due to the proposed apportionment.

 

Further, whilst the hatching on the North-South Road corridor is essential for the preservation of the road corridor, this does not secure a funding source. This still needs to be investigated regarding what can be included in a future Contributions Plan and what can be borne by the State, but the funding gap currently is in order of over $8.2m. This would be needed to be accounted for in the future planning for GPEC which has no timeframes for delivery. Council officers have raised with DPE and TfNSW the need for secure funding commitment for this road’s construction, however no commitment has been provided. Council officers will continue to work with TfNSW to obtain a commitment from State Government towards funding of the North-South road corridor construction.

 

Independent Pricing and Regulatory Tribunal (IPART) review and potential funding gap

The draft OHN CP needs to be referred to IPART as it exceeds the cap of $30,000. Although we are developing draft OHN CP with the essential works list in mind, there is still a risk that IPART will not support the draft OHN CP over the cap and a funding gap in the plan may occur. In this regard and based on an approximate contribution rate of $102,000 per dwelling, this would leave a $72,000 per lot shortfall equating to a potential $124m shortfall (based on 1729 dwellings).

 

Due to the complexity of the draft OHN CP between Area A and Area B, Council met with DPE and IPART on 5 May 2022 and again with IPART on 10 June 2022 to flag the high contributions rate and commence conversations regarding the infrastructure items and apportionment.

 

Please refer to the map of unfunded infrastructure works presented at Attachment 4.

 

Councils’ role in delivering infrastructure in areas of fragmented ownership

As the rezoning area is fragmented and not in single ownership, it is likely that Council will be responsible for the delivery of some of the infrastructure contained in the draft OHN CP, particularly on landholdings where public amenities are located, and no residential development is proposed. The delivery of infrastructure will be dependent on the ability of Council to fund land acquisition and works from contributions received in the plan.

Intent of the AHDP for infrastructure provision at no cost to Government

 

One of the assessment criteria objectives/principles which informed the key matters for consideration in Council’s review of site nominations received for the AHDP, was that the development would need to demonstrate that all services will be provided on the land at no cost to Government.

 

In its site nomination application for the AHDP, Legacy Property addressed the key matters for consideration in meeting this objective/principle by stating that:

·    It has demonstrated capacity to fund and enter into a development agreement for provision of infrastructure and services.

·    The immediate availability of essential services supports the rezoning and development of the land, and the ability to deliver short to medium term housing supply.

·    It is committed to delivering affordable housing.

 

Council’s review of the Legacy Property site nomination application concluded that the applicant had not specifically provided evidence of the required social, community or state infrastructure that may be required as a result of development of the land, however a commitment to the provision of open space & monetary contributions for community facilities was presented. At the time, it was noted that further discussion on this infrastructure would be required during the Planning Proposal process.

 

Legacy Property’s response to financial implications

In June 2022, Council officers provided Legacy Property with the opportunity to address the five key issues identified in the financial implications discussion presented above in this report. Legacy provided responses and offered potential mitigation measures to pursue. This is presented in the table below.

 

Issue 1

$35.6 million shortfall required to deliver the full extent of works detailed in the Section 7.11 plan and technical documents. This relies on Area B to be rezoned, which is not part of the proposed rezoning or Section 7.11 plan.

1.   Infrastructure Items to deliver that are reliant on Area B to be rezoned: $29.3m

a)   Part of the East-West Road

b)   Frogmore Road resurfacing

c)   Basin B7

2.   Delivery of North-South road apportioned to Development in Area B: $4m

3.   Off site infrastructure apportioned to development in Area B: $2.3m

 

Legacy Property’s response

1.   Infrastructure Items to deliver that are reliant on Area B to be rezoned: $29.3m

a)   Part of the East-West Road:

·    Legacy is of the view that the rezoning area (Area A) can function at full development without requiring the section of the east-west road within Area B, or requiring a new intersection at The Northern Road.

·    Using this approach, the existing road reserves in Area B can be utilised, whilst only the section of the east-west road within Area A would be constructed, which will achieve cost savings in the draft OHN CP.

·    It is proposed that the relevant sections of the east-west road are 100% apportioned to their respective areas (Area A or Area B), instead of the current proposed cross-apportionment approach. This allows for the rezoning area to fully fund just the section of the east-west road within Area A required to support the development.

 

b)   Frogmore Road resurfacing:

·    Legacy proposes to include in its VPA offer the cost of this item that is currently apportioned to Area B in the draft OHN CP, to eliminate the financial risk associated with Area B.

 

c)   Basin B7:

·    Legacy proposes to alter its current approach. The new proposal is that a separate, permanent basin is created within Area A, north of Frogmore Road, to service Area A, whilst another separate basin would be created and located within Area B, to service Area B. Each basin would be 100% apportioned to each respective Area. This approach would eliminate the financial risk associated with Area B.

·    The proposed new approach replaces the previous proposal, where ultimately there would be only 1 basin in this area in the long term to service Area A and Area B.

 

2.   Delivery of North-South road apportioned to Development in Area B:

·    Legacy is of the view that the north-south road has no nexus to the rezoning area, except for a small section of the road located north of the east-west road.

·    The north-south road could be removed from the draft OHN CP because the ‘future transport corridor’ LEP notation could be applied to the full corridor width. This would achieve savings within the draft OHN CP.

·    The ultimate funding for acquisition and construction of the North-South Road should be resolved as part of the broader contributions framework for Orchard Hills South / GPEC.

 

3.   Off-site infrastructure apportioned to development in Area B:

·    The need for many of these road works items would only be triggered with the development of Area B. There is no nexus between these works and the development of Area A.

·    These upgrades would be prioritised and undertaken in a staged manner as Council collects funds. 

 

Council officer comment on Legacy’s response

1.   Infrastructure Items to deliver that are reliant on Area B to be rezoned: $29.3m

a)   Part of the East-West Road:

·    Additional traffic modelling was undertaken and submitted by Legacy to Council on 10 June 2022 to demonstrate that the rezoning area (Area A) can function at full development without requiring the section of the east-west road within Area B. This is currently being reviewed.

·    Should the additional modelling be supported, a revised draft OHN CP will be prepared and submitted to reflect the newly-proposed approach sought by Legacy.

 

b)   Frogmore Road resurfacing:

·    Council is satisfied that the Frogmore Road resurfacing costs can be delivered through the VPA offer instead of the draft OHN CP and will remove this from the plan prior to exhibition.

 

c)   Basin B7:

·    A revised stormwater strategy was submitted by Legacy to Council on 14 June 2022 to present a revised proposal to create a separate basin for each of Area A and Area B. This is currently being reviewed.

·    Two separate basins ensure that the costs are attributed to each area.

 

2.   Delivery of North-South road apportioned to Development in Area B:

·    The draft OHN CP submitted by Legacy has not correctly reflected the outcomes of the TMAP and the requirements around the north-south road in the rezoning area. Part of the north-south roadway is required to support the rezoning area. The draft OHN CP must be amended to include 3 lanes to be delivered for the northern part of the north-south road within the rezoning area. It currently identifies 4 lanes for the northern section of the North-South road therefore, a small reduction in the cost of the OHN CP can be expected.

·    For Council to ensure that the area is future-proofed, to support this Planning Proposal a State VPA must be executed that includes the dedication of land for the outer 2 lanes of the North-South road corridor.

·    There is still a financial risk relating to the construction of the road corridor. Legacy property and another two major land owners have indicated a commitment to dedicating the land for the corridor. Therefore, the remaining financial risk potentially will be less than $4M as it relates to the construction component only and not the land component.

·    Council officers are also in discussions with TfNSW regarding how we can further mitigate the risk to Council in relation to the construction of the corridor.

 

3.   Off-site infrastructure apportioned to development in Area B:

·    Council would need to investigate a Section 7.12 Contributions Plan for background growth upgrades on an LGA wide basis.

 

Issue 2

$5.5m shortfall for off-site road works required as a result of background growth, with no funding source at this stage. These works cannot be included in a Section 7.11 plan to enable upgrade and intersection works to be completed.

Legacy Property’s response

Background growth has not nexus to the rezoning area. The risk of background growth exists regardless of whether the rezoning proceeds or not. It is unreasonable to consider this as a financial risk associated with the rezoning. This matter should be addressed through general advocacy for State contributions towards local infrastructure needs.

Council officer comment on Legacy’s response

Council accepts Legacy’s response.

 

However, to mitigate this, Council would need to investigate a Section 7.12 Contributions Plan for background growth upgrades on an LGA wide basis.

 

 

Issue 3

$8.2m shortfall in funding of land acquisition and construction for the North-South road corridor. Nor any commitment it will be a State road.

Legacy Property’s response

The North-South road corridor has no nexus to the rezoning area and does not meet IPART requirements for inclusion in the draft OHN CP. The only requirement for the Orchard Hills North rezoning is to implement an appropriate mechanism that protects this corridor, which is achieved through the ‘future transport corridor’ notation. 

Council officer comment on Legacy’s response

The TMAP identifies that part of the North-South road corridor is required to support the rezoning area. The draft OHN CP submitted by Legacy has not correctly reflected the outcomes of the TMAP and must be amended.

 

The implementation of the ‘future transport corridor’ notation through the LEP amendment would not guarantee a commitment from State Government to acquire the necessary land or construct the roadway.

 

For Council to ensure that the area is future-proofed, to support this Planning Proposal a State VPA must be executed that includes the dedication of land for the outer 2 lanes of the north-south road corridor, including a construction commitment.

 

There is still a financial risk relating to the construction of the road corridor. Legacy property and two other major landowners have indicated a commitment to dedicating the land for the corridor, which still needs to be discussed and negotiated. Therefore, the remaining financial risk would potentially be half this amount as it relates to the construction component only and not the land component. Council officers will continue to work with the proponent and TfNSW to understand the full extent of the costs associated with the construction.

 

 

 

Issue 4

Up to a $124m shortfall in funding should IPART not approve the draft Section 7.11 plan following its review, given the draft plan exceeds the $30,000 cap per lot on contributions imposed by the Minister.

Legacy Property’s response

There are several examples of IPART approving Section 7.11 Plans above the cap. The draft OHN CP has been prepared in accordance with relevant IPART guidelines. Council’s peer review of the draft OHN CP has confirmed that the plan was prepared in accordance with relevant IPART guidelines. The draft OHN CP should be considered robust with negligible risk that IPART would simply reject the plan.

 

Legacy has identified certain items in the draft OHN CP that may not satisfy IPART requirements. Legacy has suggested that these items be reconsidered (changed or removed) so as to provide for cost savings in the Plan. These are detailed below:

·    Combine Water Sensitive Urban Design (WSUD) and detention components instead of required separation of these – estimated cost reduction $6.1m

·    Remove of North-South road corridor from Section 7.11 Plan due to no nexus to rezoning area – estimated cost reduction $6.8m

·    Use of an alternative alignment for the east-west road corridor, mainly in a diagonal direction, within Area B, that impacts less priorities by utilising more of existing road reserves and requiring less land acquisition – estimated cost reduction $7m

·    Reduce the required corridor width for the east-west road corridor – estimated cost reduction $5.7m

·    Apply a reduced open space provision rate typical to the NSW Growth Centres standard instead of Council’s adopted standard, resulting in less open space required to be provided – estimated cost reduction $5.6m

 

Legacy acknowledges that a potential solution is for Council to delay progression of the Planning Proposal until the IPART review is complete.

Council officer comment on Legacy’s response

Council officers do not support the cost saving measures proposed by Legacy, for the following reasons:

·    It is Council standard and best practice to combine WSUD and detention components, and therefore those elements cannot be separated

·    Parts of the North-South road corridor do in fact have a nexus to the rezoning area, and therefore part of the roadway can be included from the draft OHN CP.

·    The proposed alternative alignment of the east-west roadway is not suitable in respect to requirements around traffic movements, safety and general access to and from the village centre and The Northern Road

·    Council’s standard open space provision rate is to be enforced. IPART do not hold the Growth Centres standard as the ultimate authority but are just as likely to consider Council’s adopted standard as the appropriate approach to apply

 

Council officers welcome Legacy’s acknowledgement that a potential solution is for Council to delay progression of the Planning Proposal until the IPART review is complete.

 

It is also noted that Council officers have had further meetings with IPART and will continue to do so throughout this process. IPART have indicated that they have reviewed plans that exceed $100,000 per lot. Council officers have received general feedback from IPART in respect to this matter. IPART is open to receiving further information to assist in its assessment.

 

As Legacy and two other major land owners collectively account for 70% of the contributions value, and those owners have committed to deliver these contributions potentially through VPAs. This would therefore reduce the maximum risk to Council to approximately $37.2m, should the cap be imposed by IPART.

 

Issue 5

There is no significant single landowner in the rezoning area (or Area B). This may result in unorderly development rollout/sequence, unorderly delivery of supporting infrastructure, and potentially a slow development rollout on some lands. Council will likely play a large role in delivery of supporting infrastructure. The delivery of infrastructure will be dependent on the ability of Council to fund land acquisition and works from contributions received in the plan.

Legacy Property’s response

Legacy acknowledges that this is an inherent challenge with fragmented land holdings, but this is the reality for most new release areas across Sydney. 

 

Legacy’s current holdings equate to ~45% of the draft contributions plan value, calculated based on the NDA and forecast yield.

 

Legacy has initiated a direct approach to Council from two landowners that collectively represent a further ~25% of the contributions plan value.

 

Collectively this would give Council certainty for 70% of the draft contributions plan through VPAs. 

 

Legacy is actively seeking to secure agreement with a number of other smaller landowners.  While these discussions are ongoing, Legacy has a level of confidence of securing further agreements that could secure another 5-10% of the overall contributions plan value.

 

Legacy’s VPA letter of offer submitted 14 April 2022 presents the financial information necessary to demonstrate the statement that Legacy’s current holdings equate to ~45% of the draft contributions plan value.

Council officer comment on Legacy’s response

Council officers are considering the financial information presented in Legacy’s VPA letter of offer, to verify the points made by Legacy in respect to this matter.

 

Council officers will also be writing to the two other major landowners, in response to their approaches, regarding their commitment to infrastructure delivery as outlined by Legacy.

 

While there has been significant progress made, there still remains some risk to Council, however there is still opportunity to work with the proponent and the relevant stakeholders to reduce the financial risk. It is also noted that the risk is not realised until the planning proposal is actually made, and the land is rezoned. There is also opportunity to not proceed with the planning proposal after it is exhibited should the financial risk not be fully mitigated to Council’s satisfaction.

 

Given the need to progress the Planning Proposal to exhibition to meet the DPE timeframes, should Council resolve to exhibit, it is recommended that the public exhibition commence with the information submitted to date. Throughout the exhibition period, Council officers, State agencies and the public would have the opportunity to provide feedback, which may result in changes to the documentation post-exhibition. It is noted that any significant changes may result in the documents being required to be re-exhibited.

 

As part of the exhibition material, Council officers will include a fact sheet which will explain the changes that will likely be made to all the relevant documentation in response to the proposed mitigation measures. Changes would likely be required to the draft DCP, draft LEP maps including zoning locations, draft OHN CP and relevant supporting technical studies as needed.

 

Risk Implications

There are several risk implications for Councils’ consideration, and these are detailed below:

 

Legacy Property land control

At the time of lodgement of the Planning Proposal in March 2018, Legacy Property indicated within the Planning Proposal that “The rezoning area consists of multiple land holdings, approximately 70% of which is controlled by Legacy under a combination of option agreements and development management arrangements”. Further correspondence submitted to Council by Legacy Property in April 2018 confirmed that there were “agreements” with 73.6% of land within the rezoning area, with a further 15.1% under “ongoing negotiation”.

 

At this current time, Legacy Property has agreements in place to purchase approximately 34% of land (or 45% of the lots) within the rezoning area. This percentage is anticipated to further reduce throughout 2022 as existing agreements in place with landowners expire. As a result, there is no significant single landowner in the rezoning area. This fragmented ownership may result in unorderly development rollout/sequence, unorderly delivery of supporting infrastructure, and potentially a slow development rollout on some lands.

 

 

Achievement of housing delivery targets

The purpose of the AHDP was to identify land suitable for the delivery of new release housing over the following 5 years, through an open and transparent submission process. At the time of Council’s endorsement of the AHDP in November 2017, it was identified that the population of the Penrith LGA was continuing to grow, and that the remaining capacity of Penrith’s existing new release areas was less than 4,500 dwellings.

 

Since lodgement of the Planning Proposal, other projects have been progressed which have realigned Council’s approach in respect to addressing housing supply. The first of these was the State Government’s announcement of the new Sydney Metro Western Sydney Airport alignment and station locations in 2020, which included a proposal to include a new Metro station at Orchard Hills South, to service a commercial and mixed-use precinct. Planning around this new Metro station is underway and forms part of the wider planning work being undertaken for the Greater Penrith to Eastern Creek (GPEC) growth area by DPE. The GPEC area is likely to house the majority of our City’s greenfield development over the coming 20 years. Consequently, Council has prepared a revised draft of the Local Housing Strategy (LHS), which has been publicly exhibited during April and May this year. The draft LHS indicates that there will be a demand for an additional 36,000 dwellings over the 20 year timeframe of the plan (i.e. 2016-2036), with around 8,000 dwellings having already been delivered. The draft LHS also estimates that there is theoretical capacity for over 45,000 dwellings in our City. In this respect, there is sufficient housing capacity available in Penrith LGA with the focus of growth around existing centres and future Metro stations. It is considered that the approximate 1,729 dwellings proposed for Orchard Hills North could be reasonably made-up elsewhere.

 

Therefore, Council’s ability to achieve its housing targets is not at risk if the Planning Proposal for Orchard Hills North does not proceed.

 

Community expectation

The public exhibition of the Planning Proposal will place a draft LEP on the subject land, thereby raising community and developer expectations that the Orchard Hills North development project is progressing to a state where development applications for subdivision and development of the land may soon commence. The risk is that there will be impetus to Gazette the LEP soon after completion of the public exhibition, to achieve DPE’s timeframes. Should Gazettal occur without having in place the supporting draft DCP, draft OHN CP, local VPA and State VPA, the outcome would be that the rezoning would not be supported by the necessary infrastructure or quality planning controls required.

 

To address the risk of potentially enabling completion and Gazettal of the draft LEP post-exhibition without first having in place a supporting draft DCP, draft OHN CP, local VPA and State VPA, it’s imperative that Council does not provide its endorsement to the Planning Proposal post-exhibition until:

 

·    The IPART review process for the draft OHN CP has been completed.

·    The supporting draft DCP, draft OHN CP (after IPART review), and local VPA have been considered and endorsed by Council post-exhibition.

·    The State VPA has been drafted, publicly notified and executed.

 

An alternative solution may be suggested by DPE, where the LEP is allowed to be Gazetted but with an attached delayed commencement timeframe. This is not recommended to be pursued, because such a solution guarantees that the LEP and rezoning will occur, but does not guarantee that the supporting draft DCP, draft OHN CP, local VPA and State VPA will also occur/take effect.

 

Conclusion

The purpose of this report is to make recommendations regarding progressing the Planning Proposal to amend the Penrith Local Environmental Plan (LEP) 2010 for Orchard Hills North to a public exhibition. Assessment of the recently submitted draft Section 7.11 Development Contributions Plan (draft OHN CP), draft letter of offer to enter into a Voluntary Planning Agreement (VPA), and draft Development Control Plan (DCP) has enabled Council to consider that the matter can be progressed to a public exhibition. The report identifies risks to Council and the community, and how these risks are intended to be mitigated prior to future consideration to adopt the proposed plans.

 

Since the issue of the Gateway Determination in February 2019, Council has been working closely with DPE, the proponent and State agencies (largely TfNSW) to enable the Planning Proposal to proceed to public exhibition. Many strategic planning issues have been resolved, and the Planning Proposal has been amended in response to resolution of these issues.

 

The draft DCP and draft OHN CP have been informed by specialist studies such as TMAP, Open Space Strategy and Stormwater and Flood Management Strategy which were finalised and submitted to Council in February 2022. It was not until this time that Council officers have been in a position to understand the requirements and extent of local infrastructure delivery and the financial implications associated with this.

 

In an amendment to the Gateway conditions in February 2022, DPE included milestones dates within which Council is required to progress and complete the Planning Proposal process. The dates require public exhibition to commence by 4 April 2022, a report to be made to Council post-exhibition for final consideration by 30 June 2022, and for the LEP to be Gazetted by 31 July 2022. On 23 May 2022 DPE advised Council officers that the matter may be reported to the 27 June 2022 Ordinary Meeting of Council for decision to progress to public exhibition. DPE noted that it is unlikely that any further extensions to the Gateway timeframes will be granted and that the Minister for Planning may take action if the timeframes are not met.

 

Given the DPE timeframes associated with this Planning Proposal, the Council officer recommendation is that the planning proposal proceed to public exhibition. Advancing the proposal to public exhibition would enable the community to provide its feedback in relation to the proposal, based on the information prepared to date. Given Council officers have only had limited time to work through the responses from the proponent on the financial implications of the proposal, the time during and post-exhibition can be used to work further with the proponent and other stakeholders to further mitigate the financial risks and update the relevant documentation.             

 

RECOMMENDATION

That:

1.     The information contained in the report on Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North  be received.

2.     The Planning Proposal for Orchard Hills North (RZ18/0004) be placed on public exhibition and agency consultation as soon as practical, concurrently with the draft Section 7.11 Contributions Plan, draft Development Control Plan, and VPA Letter of Offer which are attached or enclosed to this report.

3.     A report is prepared for Council to present the outcomes of the public exhibition and agency consultation.

4.     After exhibition of the Letter of Offer, a draft Voluntary Planning Agreement be reported to Council for endorsement for public notification.

5.     The Department of Planning and Environment be provided with an update on Council’s decision.

6.     Council officers investigate the development of a Section 7.12 plan for the LGA to deliver traffic works attributed to background growth.

 

 

ATTACHMENTS/APPENDICES

1.

Site Location Map

1 Page

Attachments Included

2.

Draft Structure Plan Map

1 Page

Attachments Included

3.

VPA Letter of Offer from Legacy Property

18 Pages

Attachments Included

4.

Map of unfunded infrastructure works

2 Pages

Attachments Included

 

 


Ordinary Meeting                                                                                                   27 June 2022

 

 

 

2

Deed of Novation of Voluntary Planning Agreement for 731-769 Great Western Highway (French Street), Werrington   

 

Compiled by:               Kathryn Sprang, Senior Planner

Natalie Stanowski, Principal Planner

Andrew Avery, Legal Counsel

Authorised by:            Natasha Borgia, City Planning Manager

Kylie Powell, Director - City Futures

Stephen Britten, Chief Governance Officer  

 

Outcome

We plan for our future growth

Strategy

Ensure services, facilities and infrastructure meet the changing needs of our City

Service Activity

Ensure services, facilitates and infrastructure meet the needs of a growing population through the contributions framework

     

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 seek Council’s endorsement to execute a deed of novation for an existing Voluntary Planning Agreement (VPA) for 731-769 Great Western Highway (French Street), Werrington (the land).

The VPA was entered between Council and Settlers Estate Pty Limited in 2016 and sought to deliver certain road, stormwater and active transport works on the land and to facilitate the payment of development contributions and affordable housing contributions.

Since the VPA has been entered, the Land has been subdivided. Ownership of the remaining lots is vested in both Settlers Estate Pty Limited and other third parties. The new landowners have agreed to be bound by the terms of the VPA and a deed of novation has been prepared and signed by those additional parties.

Background

On 29 April 2016, Council entered into a VPA with Settlers Estate Pty Limited in respect of the development of 731-769 Great Western Highway (French Street) Werrington NSW 2747 (the Land).

The VPA imposes a number of obligations on Settlers Estate Pty Limited to deliver material public benefits including monetary contributions, land dedication and the carrying out of works. These works include road works, stormwater works relating to the stormwater system and riparian corridor, bicycle paths and bus facilities.

Stages 1-3 of the residential subdivision of the Land to which the VPA applies have been approved and carried out. A Stage 4 subdivision is currently under assessment by Council.

Since the VPA has been entered into, the Land has been subdivided and is now comprised in Lots 125 to 245 in DP1215199. Lots 132 to 245 in DP 1215199 are final lots and have been transferred to unrelated third parties. Lots 125-131 include the Stage 3 lot, riparian corridor lot to be dedicated to Council and potential future staged subdivision lots.

 

Current Situation

In late 2021, the VPA was registered on the titles of the lots created from the subdivision of the Land with the exception of final lots which had been on sold to unrelated third parties.

Ownership of the remaining lots is in Settlers Estate Pty Limited, as well as five other additional companies, including:

1.       George W Pty Limited

2.       Eastern O'Connell Pty Limited

3.       Western Hwy Pty Limited

4.       Great Western Hwy Pty Limited

The additional companies are presently in the ownership and/or control of one individual. None of the additional landholders are presently parties to the VPA. 

The deed of novation seeks to ensure that Settlers Estate Pty Ltd and the additional landholders are on notice of the terms and bound by the obligations contained in the VPA in relation to the development of the land.

Public notification of the deed is not required. The assignment and novation provisions of the VPA as executed do not require that a deed of novation needs to be publicly notified or exhibited. Clause 204 – Public notice of planning agreements of the Environmental Planning and Assessment Regulation 2021 also does not require public notice for a deed of novation.

Financial Implications

The execution of the deed of notation will ensure that the provisions of the executed VPA can be upheld with the terms and obligations contained within VPA remaining unchanged. Should the deed not be executed, there is a risk that works and public benefits as proposed in the VPA will not be delivered.

Risk Implications

If the deed of novation is not executed, there is a risk that there is no formal agreement between Council and the new landowners to uphold the executed VPA. This may impact the carrying out of works, land dedication and provision of monetary contributions as envisaged by the VPA.

Conclusion

It is recommended that Council resolves to execute the deed of novation to ensure that the terms and obligations of the executed VPA tied to the land are transferred to all current landholders (Settlers Estate Pty Limited, George W Pty Limited, Eastern O'Connell Pty Limited, Western Hwy Pty Limited, Highway Pty Limited and Great Western Hwy Pty Limited). This will ensure the new landholders deliver material public benefits as executed in the VPA including monetary contributions, land dedication and the carrying out of works.

 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Deed of Novation of Voluntary Planning Agreement for 731-769 Great Western Highway (French Street), Werrington be received

2.     Council endorse the draft Deed of Novation Deed of Novation of Voluntary Planning Agreement for 731-769 Great Western Highway (French Street), Werrington for execution.

3.     Council authorise the General Manager to finalise and sign the Deed of Novation and make any minor amendments where necessary to ensure its legality (e.g. typographic errors, dates, etc.).

4.     The Common Seal of the Council of the City of Penrith be affixed to any necessary legal documents.

 

ATTACHMENTS/APPENDICES

1.

Draft Deed of Novation for 731-769 Great Western Highway (French Street) Werrington NSW 2747

10 Pages

Appendix

  


Ordinary Meeting                                                                                                                27 June 2022

Appendix 1 - Draft Deed of Novation for 731-769 Great Western Highway (French Street) Werrington NSW 2747

 

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Ordinary Meeting                                                                                                   27 June 2022

 

 

 

3

Faster Local Assessment Grant Program   

 

Compiled by:               Peter Wood, Development Services Manager

Authorised by:            Andrew Jackson, Director - Development and Regulatory Services  

 

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

Assess development proposals efficiently and make decisions that are open and fair

      

 

Executive Summary

The Department of Planning and Environment (DPE) is allocating funds to eligible councils under a grant program aimed at improving planning proposal and development application assessment timeframes. DPE announcements required submission of grant applications ahead of any opportunity to report to Council. The application has been successful with an invoice and signed funding deed now submitted on the proviso that it is endorsed by Council at this Ordinary Meeting in accordance with Council’s delegation policy.

Faster Local Assessment Grant Program

On 27 May 2022, DPE advised that it is seeking Penrith City Council's interest as one of fourteen (14) Councils participating in the Faster Local Assessment Grant Program. A total of $350,000 has been allocated per council to help fund process improvements towards housing delivery.

Agreeing to take part required signing the Funding Deed and returning it together with a tax invoice for the first milestone payment of $250,000 on or before 8 June 2022.  The Program also requires a Process Improvement Plan to be submitted to DPE within 4 weeks of signing the deed. This process improvement plan is currently being prepared and is anticipated to be reported to an upcoming Councillor briefing as part of a City Planning and Development Services Update.

Financial and Risk Implications

The risk implications of not participating in the grant program are largely perceived and reputational. Participating does not generate any financial risks for Council as the funding agreement ties payments to actions being achieved by Council within set milestones over the upcoming financial year.

Conclusion

The DPE grant program provides an opportunity to strategically direct additional funds to help improve planning and assessment for housing delivery in accordance with Councils relevant strategy and service activity. It is recommended that Council pursue this grant opportunity.

Council’s Development Services Manager has delegation for this amount subject to endorsement by Council however the timing of submission requirements did not permit reporting to Council for prior endorsement. As such, Council’s submission was on the proviso that it is subject to endorsement at the 27 June 2022 Ordinary Meeting. Failing this, the funding agreement submission will be retracted.

 

RECOMMENDATION

That:

1.     The information contained in the report on Faster Local Assessment Grant Program be received.

2.     Council proceed with a funding agreement with the Department of Planning and Environment for the Faster Local Assessment Grant Program.

3.     Council write to the Minister for Planning, thanking the Department of Planning and Environment for the offer to participate in the Faster Local Assessment Grant Program.

 

 

ATTACHMENTS/APPENDICES

1.

Faster Local Assessment Grant Program Guidelines May 2022 (final)

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                27 June 2022

Appendix 1 - Faster Local Assessment Grant Program Guidelines May 2022 (final)

 

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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

 

Item                                                                                                                                       Page

 

4        Centre Corporations - 2022-23 Business Plans                                                              49

 

 

 



Ordinary Meeting                                                                                                   27 June 2022

 

 

 

4

Centre Corporations - 2022-23 Business Plans   

 

Compiled by:               Beau Reid, Place and Activation Coordinator

Authorised by:            Megan Whittaker, City Activation, Community and Place Manager

Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We have safe, vibrant places

Strategy

Help make our major centres and important community places safe and attractive

Service Activity

Support the revitalisation of Penrith City Centre and St Marys Town Centre

      

 

Executive Summary

The Penrith CBD Corporation and St Marys Town Centre Limited have submitted their Business Plans for the 2022-2023 financial year, which are attached for Council’s review. This report provides an overview and commentary on the documentation submitted for the next financial year.

 

As per the Service Level Agreement endorsed by Council at the Ordinary Meeting held on 22 June 2020, the Business Plans of each Corporation are before Council as part of a two-step finalisation process. This process enables Council to review and provide feedback on the proposed activities of each Corporation ahead of the financial year they are intended to be delivered.

 

The outcomes for the previous year will continue to be reported and presented through individual annual reports provided by the Town Centre Corporations in October of each calendar year.

This report recommends that Council receive the proposed Business Plans for Financial Year 2022- 2023 for the Penrith CBD Corporation and St Marys Town Centre Limited.

Background

Penrith City Council works with the Penrith CBD Corporation and St Marys Town Centre Limited to jointly manage the centres to support their ongoing vitality and viability. Council collects rates from non-residential properties in the city centre and returns these to the Corporations.

Over the past three years the Corporations have been gearing their activity towards the expected growth in residential development, and the opportunities that arise for local businesses as a result of this growth. They have been working with businesses coming into the centres and supporting existing businesses to leverage off the new growth and change.

At its 22 June 2020 Ordinary Meeting, Council endorsed a Key Performance Indicator Framework (KPIs) which was developed as part of the Triennial Impact Review of the City Centre Corporations. The KPIs were prepared in consultation with the Corporations and are consistent with the need of the Corporations to continue to build their profile with local

businesses and explore opportunities to promote the centres to local residents, visitors and potential new business operators and property investors.

The KPIs for the period 2020 – 2023 cover four objectives that support management and improve reportable outcomes:

1. Governance

2. Marketing

3. Strategy

4. Facilitation

The Annual Business Planning of the Corporations provides an opportunity for the boards to assess progress and identify priority and ongoing projects for the year ahead. The process also provides an opportunity for Council to understand the proposed activities of each Corporation and to seek alignment to Council’s strategic vision for the Penrith City Centre and St Marys Town Centre. Proposed annual business plans are submitted to Council ahead of the financial year they are intended to be delivered for review and feedback.

In 2022-2023, the following amounts will be paid to the corporations to undertake the proposed activities as outlined in their KPIs and their Business Plans for 2022-2023:

 

Corporation

Amount (exc. GST)

Penrith CBD Corporation

$475,050.00

St Marys Town Centre Corporation

$361,568.00

Current Situation

Both the Penrith CBD Corporation and St Marys Town Centre Limited have presented proposed Business Plans for 2022 – 2023, based on the agreed KPI Framework and the Service Level Agreements currently in place for both Corporations.

Both Corporations have identified a continued desire to proactively engage with businesses that may be considering locating to either centre, whilst actively supporting those that have already chosen to invest in property or businesses, through an active workshop and training program.

Penrith CBD Corporation Proposed Business Plan 2022-2023

The Penrith CBD Corporation has committed to an activation program during the next 12 months that focuses on positive opportunities for businesses and the community in the Penrith City Centre. This includes exploring a series of bespoke events and a City “Scavenger Hunt”.

The Corporation will continue the delivery of the successful ‘Coffee Catch-up’ business networking program as well as an annual ‘Property Owner’s Night’ to showcase major developments in the Penrith City Centre and surrounds. The business improvement program will continue to support property owners within the centre with small scale building and façade improvements.

The Penrith CBD Corporation’s Proposed Annual Business Plan 2022 – 2023 is attached to this report for Council’s consideration (Attachment 1).

St Marys Town Centre Limited Proposed Business Plan 2022-2023

St Marys Town Centre Limited have committed to building the branding and marketing of the Town Centre over the next 12 months to focus on a positive narrative around the growth and opportunities within the St Marys Town Centre. As part of its program, the St Marys Town Centre will deliver an event for property and business owners focussed on future development opportunities.

The Town Centre is planning to deliver the St Marys Spring Festival in September after a two-year hiatus due to COVID-19. Additional events to mark Halloween, Christmas and Easter are scheduled to activate the Town Centre, as well as trialling a series of monthly night markets in Coachman’s Park. Work will also continue with business and property owners on the façade improvement program.

St Marys Town Centre Limited’s Proposed Annual Business Plan 2022 - 2023 is attached to this report for Council’s consideration (Attachment 2).

Financial Implications

The Penrith CBD Corporation and St Marys Town Centre Limited have submitted their Annual Business Plans for 2022-2023. Annual Reports and Audited Financial Statements for 2021-2022 are to be reported to Council in October 2022.

The 2022-23 Budget includes a continuation of Business Sub-category rates to fund the Penrith CBD Corporation and the St Marys Town Centre Corporation activities which are outlined in the Business Plans that have been submitted for the 2022-23 financial year.

Risk Implications

There are no risk implications associated with this report.

Conclusion

The Penrith CBD Corporation and St Marys Town Centre Limited have submitted their Annual Business Plans for 2022-2023 to Council for review. Both Corporations have identified a continued desire to proactively engage with businesses that may be considering locating to either centre, whilst actively supporting those that have already chosen to invest in property or businesses, through an active workshop and training program.

The Annual Reports and Audited Financial Statements for 2021-2022 will be reported to Council in October 2022.

The Proposed Annual Business Plans for both Town Centre Corporations are considered to support the interests of all stakeholders, including businesses, property owners and residents in the Penrith City Centre and St Marys Town Centre.

 

RECOMMENDATION

That the information contained in the report on Centre Corporations - 2022-23 Business Plans be received.

 

 

 

 

ATTACHMENTS/APPENDICES

1.

Penrith CBD Corporation - 2022-23 Business Plan

19 Pages

Attachments Included

2.

Annual Plan 2022-23 St Marys Town Centre

11 Pages

Attachments Included

   


 

 

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

 

Item                                                                                                                                       Page

 

5        Youth Week 2022                                                                                                             57

 

6        Request for Major Event Sponsorship - Regatta Restaurant and Bar Pty Ltd (t/a Lakeside Restaurant)                                                                                                                       62

 

7        Disability Inclusion Action Plan 2022-2026 - Final document                                         66

 

8        Update on COVID Recovery - Special Purposes Grant                                                  72

 

 

 

 

 

 



Ordinary Meeting                                                                                                   27 June 2022

 

 

 

5

Youth Week 2022    

 

Compiled by:               Marcela Hart, Community Capacity Lead

Katerina Tahija, Community Capacity Officer

Olivia Kidon, Community Safety Team Lead

Authorised by:            Jeni Pollard, Manager - City Resilience

Megan Whittaker, City Activation, Community and Place Manager

Kylie Powell, Director - City Futures  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Deliver programs and work with government and community organisations to improve the capacity and social wellbeing of the community

      

 

Executive Summary

This report provides an overview of the activities held across Penrith City as part of the Youth Week 2022 program which was officially celebrated between Monday 4 April and Thursday 14 April 2022. This year’s national theme was “It’s up to YOU’th”, with the local theme being ‘Reconnect’.

National Youth Week is an annual event that provides an opportunity to celebrate the contributions of young people who represent just over one-third of the Penrith City population.

This year Penrith City Council worked with local youth services via the Penrith Youth Interagency to deliver three activities across Penrith City. In a memo dated 24 March 2022 Councillors were informed of the schedule of activities which included Werrington Games, a sports-based activity; Skate Clair, a skateboard competition; and Monumental @ Mondo, consisting of evening entertainment.

Approximately 250 people attended all three events, included young people, parents and families. At each event Council staff and youth workers conducted a pulse-check survey to identify how young people were faring post lockdown, what helped during physical isolation and what they would like to prioritise for the next year. The feedback will be used to plan youth service programs for 2022-2023.

The report recommends that the information contained about Youth Week 2022 be received.

Background

Penrith City is currently home to more than 34,000 people aged between 12-24 years old. This figure represents just over one-third of our local population and is set to increase by 2036.

Young people are a significant and valuable part of our community. They contribute in many ways as active members of schools, community groups, cultural and creative groups, sporting groups, as well as being volunteers and workers. Young people today are our leaders, changemakers, problem solvers and innovators of tomorrow and the key to our City’s bright and successful future.

National Youth Week is an annual and weeklong opportunity to celebrate and recognise the contribution that young people make. Youth Week is designed to offer a range of programs that are informed and led by young people. Council works with local youth services to ensure feedback from young people shapes the annual program. Youth Week is an opportunity for young people to share ideas, attend live events, have their voices heard on issues of concern, showcase their talents, and celebrate their contribution to the community with peers.

 

Council’s Youth Action Plan (YAP) 2020-2025, endorsed at the Ordinary Meeting of Council on 28 September 2020, is centred around four key themes which reflect the needs, priorities and ambitions raised by young people and the community during engagement in 2020. The four key themes of the YAP are connection, wellbeing, access and pathways, all identified as important in young people’s lives. The plan guides Council’s work with young people and the local sector and ensures the voice and needs of young people in Penrith informs all our work, including the Youth Week program design.

 

Youth Week 2022 Program

Each year, Council receives funding from the NSW Department of Communities and Justice (DCJ) to deliver Youth Week activities. This year events were part-funded by a Youth Week grant of $4,781 (+GST) from DCJ with funding matched by Council. All events were organised to reflect feedback received through youth services and young people during the development of the Penrith Youth Action Plan. 

 

Council partnered with local youth services represented through the Penrith Youth Interagency (PYI) to provide three free, fun and engaging events for young people in our community. Partner organisations included Community Junction, Nepean Multicultural Access, Platform Youth Services, Headspace, Imagine Nations Youth, Westcare Youth Services, Pride Place, the Y, Youth Action, Flourish Australia.

 

Other organisations that participated with engagement, information and referrals at the events included Family Planning, Barnardos, Platform Youth Services, WellWays, Girl Guides, TAFE NSW, the Nepean Police Local Area Command, YMCA, PCYC, Ted Noffs Street University, BreakThru, Schools Industry Partnership (YES) and Asuria.

 

Westfield Penrith and Hogs Breath, St Marys supported the Youth Week program by supplying free BBQs and food at the events. Westfield supported the Monumental @ Mondo event and Hogs Breath, St Marys supported the Werrington Games and Skate Clair events. 

 

Activities held during Youth Week 2022 included:

 

Werrington Games

Date:          Monday 11 April

Time:          1pm – 4pm

Venue:       Rance Oval and Basketball Courts, Werrington

Activities:   Sports, information stalls, competitions, BBQ, inflatables, prizes and giveaways

 

Skate Clair

Date:          Wednesday 13 April

Time:          1pm – 4pm

Venue:       St Clair Skate Park, Mark Leece Oval, St Clair

Activities:   Skate competition, inflatables, information stalls, BBQ, prizes and giveaways

 

 

 

Monumental @ Mondo

Date:          Thursday 5 May (this event was rescheduled from 7 April due to heavy rainfall) 

Time:          3pm – 7pm

Venue:       The Mondo located between The Joan and Westfield, Penrith

Activities:   Inflatables, information stalls, music, free BBQ, prizes and giveaways

 

Approximately 250 people attended across all three events, including young people, their parents, and families.

 

The 2022 Youth Week program provided opportunities for young people to ‘reconnect’ with peers and local services by engaging in a safe and fun environment. Young people could access information and build local connections to services that can provide them support with employment and mental health as well as fun, social activities that contribute to reducing risky behaviours.

 

Of those young people that were surveyed across the three Youth Week events, 71% rated their level of happiness on the day of the event between four and five, with five being ‘very happy’. In most cases young people referred to being out and with friends at Youth Week as the reason for scoring high.

 

Pulse Check Survey

 

Council officers took the opportunity presented by the Youth Week program of events to ‘check in’ with young people and to understand their experiences during the Covid-19 lockdown and isolation periods, through a pulse-check survey.

 

We asked young people what they found difficult to deal with in the last few years, what helped them get through these difficult times and what they were looking forward to in the near future. The survey also explored what type of creative activities young people would like to see in Penrith City.

 

Who did we hear from?

 

Data obtained through Council’s pulse-check survey found that from the 38 participants who responded:

·    34% (13 young people) identified as being from a culturally and linguistically diverse background,

·    23% (9 young people) identified as Aboriginal and Torres Strait Islander,

·    Almost half (45%) identified as gender and sexually diverse,

·    Four people identified as having a disability, and

·    One person identified as a carer for someone with disability.

 

The ages of the respondents varied from 11 to 22 years old. Almost half of the respondents (48%) were aged between 13 and 15 years old. There was an equal representation of male and female respondents.

 

Participants came from suburbs including Cambridge Park, Glenmore Park, Kemps Creek, Penrith, St Clair, St Marys, Colyton, Werrington, and Cranebrook.

 

DCJ guidelines encourage the involvement of a diverse range of young people at events and activities organised during Youth Week.

 

 

What did they tell us?

 

Challenges experienced during Covid

 

·    Schooling and education: 28% of the responses identified online education and boredom as they key challenges.

·    Friendships and relationships: 16% of respondents expressed feeling isolated by not being able to see friends, experiencing break ups, not finding a group to belong to, parents fighting.

·    Depression and Anxiety: 13% people experienced depression and anxiety.

·    Other challenges included wearing masks, health concerns and having to move to a new house.

 

The positive stabilisers

 

·    Friends and family: 75% of respondents identified friends and family as the strongest source of support to cope through physical isolation.

·    Other responses included skating, music and dancing and keeping a positive mindset.

 

Looking forward, the three most important things

 

·    Connections: 42% of respondents said friends were a priority. Spending more time with friends and family, new relationships and friendships, mending relationships and establishing good relationships.

·    Employment: 16% of respondents answered that finding a job is a top priority, including a stable job.

·    Education: 11% indicated that doing well at school and going to school was a priority.

·    Other answers included looking after their mental health, finding a new home, getting a pet, stability and food.

 

Creative life for Penrith

 

·    Music and Cultural events: over 60% of respondents indicated that they would like to see more music and cultural activities on offer throughout Penrith City.

·    Further feedback included more activities after 6pm and in open spaces so they are free to access.

 

Next Steps

 

The pulse check survey results will be presented and discussed at Penrith Youth Interagency (PYI).

 

Council officers will also seek feedback from the youth services sector to assist in identifying Youth Action Plan implementation priorities and actions for 2022 – 2023. The following activities have been raised for consideration:

 

·    Updating and distributing the Penrith Youth Services cards: a resource that provides information to over 90 local services that can support with accommodation, relationships, counselling and legal advice for young people living in the Penrith LGA.

·    Mental health ‘road show’ in October 2022: this activity would bring together local youth services to visit students in local high schools to provide information and activities promoting health and well-being.

·    Recommencing Penrith Pride Place: a safe and welcoming space for young people who identify as being gender or sexually diverse where they can connect and access referral services.

 

Financial Implications

Council has received $4,781(excluding GST) from the NSW Department of Communities and Justice for Youth Week 2022. A requirement of this grant is that Council matches the grant funding on a dollar-for-dollar basis which brings the total budget to $9,562 for 2021-22. These funds have been used on Youth Week related activities and to deliver the Youth Week 2022 program.

Risk Implications

All risks associated with the delivery of Youth Week 2022 were considered. The program was delivered within Council’s risk and COVID-Safe policies and procedures and approved by Council’s Work Health and Safety team.  All organisations running activities during Youth Week 2022 were required to be covered by relevant Public Liability Insurance.

Conclusion

National Youth Week was celebrated between 4 -14 April 2022. This year Penrith City’s Youth Week events were part-funded by a Youth Week grant of $4,781 (+GST) from Department of Communities and Justice with matched funding from Council.

Council partnered with local youth services represented through the Penrith Youth Interagency (PYI) to provide three free, fun and engaging events at Werrington, St Clair and Penrith. Approximately 250 people attended across the three events, including young people and their parents and families.

Council staff and youth workers conducted a pulse check survey during the events to better understand how young people managed throughout the Covid-19 disruptions, what helped them during this time and what priorities they had for the year ahead. The results from the pulse-check survey, together with advice from the local youth services sector, will now be used to inform the development of Council’s Youth Action Plan 2022 – 2023 implementation priorities and actions.

 

RECOMMENDATION

That the information contained in the report on Youth Week 2022  be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   27 June 2022

 

 

 

6

Request for Major Event Sponsorship - Regatta Restaurant and Bar Pty Ltd (t/a Lakeside Restaurant)   

 

Compiled by:               Beau Reid, Place and Activation Coordinator

Authorised by:            Megan Whittaker, City Activation, Community and Place Manager

Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are healthy and share strong community spirit

Strategy

Help build resilient, inclusive communities

Service Activity

Conduct and support events that include all members of our community

      

 

Executive Summary

The purpose of this report is to present to Council an event sponsorship proposal received from the Regatta Restaurant and Bar Pty Ltd (t/a The Lakeside Restaurant) to assist in the delivery of ‘An Afternoon with James Morrison’ event.

This report provides Council with details of the sponsorship proposal received, including the proposed sponsorship benefits and an assessment of the sponsorship proposal.

The Regatta Restaurant and Bar Pty Ltd is a locally owned and operated restaurant located within the grounds of the Sydney International Regatta Centre (SIRC).

The Regatta Restaurant and Bar Pty Ltd (t/a Lakeside Restaurant) has submitted a proposal for sponsorship from Council in the amount of $5,000 (plus GST) for the ‘An Afternoon with James Morrison’ event to be held at the SIRC on 30 October 2022. Tickets will be on sale to the public for an average price of $70 per person.

The event is designed to trial a new live performance offering at the SIRC and to re-introduce the site as a performance venue for small to medium tier touring performances.

Council officers have estimated the event could deliver approximately $242,300 in local economic benefit.

This report recommends that Council provides sponsorship of $5,000 (plus GST) for the ‘An Afternoon with James Morrison’ event to be held on 30 October 2022.

Background

Council was approached by the Regatta Restaurant and Bar Pty Ltd (t/a The Lakeside Restaurant) to consider sponsorship of ‘An Afternoon with James Morrison’ event to be held on 30 October 2022 at the SIRC.

Council endorsed the Events Sponsorship Policy (‘the Policy’) in June 2020. The Policy includes criteria for Major Event Sponsorship. The current Major Event Sponsorship budget is $20,000 for financial year 2021 -2022.

Council endorsed the Think Penrith, Think Events – Penrith Events Strategy 2020-2024 on 22 June 2020. The Events Strategy supports the attraction and retention of major events in the Penrith Local Government Area.

 

 

Current Situation

The sponsorship proposal received from The Regatta Restaurant and Bar Pty Ltd (t/a The Lakeside Restaurant) for ‘An Afternoon with James Morrison’ event on 30 October 2022 requests Council sponsorship of $5,000 (plus GST) to assist with operating costs associated with running the event and to assist with a marketing campaign.

Further details on the event are provided below.

An Afternoon with James Morrison

The Regatta Restaurant and Bar Pty Ltd has independently produced an opportunity for the Penrith community to experience an afternoon of jazz performances, featuring international singer-songwriter James Morrison.

In addition to a headline set by James Morrison, the event will feature performances by the St Pauls Grammar School Jazz Band and Nepean Performing Arts High School Jazz Band, as well as local jazz musicians The Birdyard Big Band.

The event is designed to trial a new live performance offering at the SIRC and to re-introduce the site as a performance venue for small to medium tier touring performances.

Previous sponsorship to the Regatta Restaurant and Bar Pty Ltd

Council has not previously provided event sponsorship to the Regatta Restaurant and Bar Pty Ltd.

Proposed Sponsorship Benefits

The sponsorship opportunities presented by the Regatta Restaurant and Bar Pty Ltd (t/a The Lakeside Restaurant) for the ‘An Afternoon with James Morrison’ event would provide Council and the community of Penrith City with several benefits including:

·    Community participation and local opportunities to consume quality cultural musical experiences

·    Council logo placed on all event promotional material including print, media, radio and digital channels

·    Council banners and flags to be displayed at the venue

The event is designed to trial a new live performance offering at the SIRC and to re-introduce the site as a performance venue for small to medium tier touring performances.

Assessment of sponsorship proposals

The sponsorship proposal has been assessed against Council’s Events Sponsorship Policy criteria for Major Event Sponsorship. This event is eligible for funding from Council.

The event encourages active community participation, develops ongoing local partnerships and has positive economic benefits to the local Penrith economy that exceed the total cost of running the event.

The event is estimated to attract around 1,200 attendees, consisting of 840 local attendees and 360 attendees from other NSW locations. Based on the projected event visitation, Council has estimated the economic benefit of the scheduled event to the local economy is approximately $242,300.

This estimate is calculated by using projected attendance information provided by the applicant and loading it in the “Economic value of Tourism & Events" schedule which is published by Destination NSW and has set rates based on the type of event. The DNSW method is the industry standard.

Financial Implications

These sponsorship funds are available from within existing City Activation Community and Place budgets and will be reallocated to the Major Event Sponsorship budget from events which have been cancelled and will not go ahead due to COVID.

Risk Implications

If the sponsorship is endorsed, Council will enter into a sponsorship agreement with the Regatta Restaurant and Bar Pty Ltd (t/a The Lakeside Restaurant) to detail the expected sponsorship benefits to be delivered to Council and the community in exchange for Council’s investment.

To minimise commercial risk to Council, payment to the Regatta Restaurant and Bar Pty Ltd will be made in instalments based on agreed deliverables and milestones.

Conclusion

A request for sponsorship has been received from the Regatta Restaurant and Bar Pty Ltd (t/a Lakeside Restaurant). The request seeks a total of $5,000 (plus GST) towards “An Afternoon with James Morrison” event. Council has not previously funded the Regatta Restaurant and Bar Pty Ltd.

The event, to be held in October 2022, is estimated to attract around 1,200 attendees and return approximately $242,300 in local economic benefit to the community of Penrith City. The event encourages active community participation, develops ongoing local partnerships and has positive economic benefits to the local Penrith economy that exceed the total cost of running the event.

Should Council resolve to endorse the sponsorship proposal, Council will enter into a sponsorship agreement with the Regatta Restaurant and Bar Pty Ltd detailing the expected sponsorship benefits to be delivered to Council in exchange for its investment.

 

RECOMMENDATION

That:

1.     The information contained in the report on Request for Major Event Sponsorship - Regatta Restaurant and Bar Pty Ltd (t/a Lakeside Restaurant) be received

2.     Council endorse $5,000 (plus GST) in sponsorship to the Regatta Restaurant and Bar Pty Ltd in support of the ‘An Afternoon with James Morrison’ event to be held 30 October 2022.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting                                                                                                   27 June 2022

 

 

 

7

Disability Inclusion Action Plan 2022-2026 - Final document   

 

Compiled by:               Marcela Hart, Community Capacity Lead

Natalie Wadwell, Community Capacity Officer

Olivia Kidon, Community Safety Team Lead

Authorised by:            Megan Whittaker, City Activation, Community and Place Manager

Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Deliver programs and work with government and community organisations to improve the capacity and social wellbeing of the community

      

 

Executive Summary

This report seeks endorsement of Penrith City Council’s Disability Inclusion Action Plan 2022-2026 (DIAP, the Plan).

A report was presented at the Ordinary Meeting of Council on 28 March 2022 containing a summary of Stage One engagement outcomes and seeking endorsement for the Draft DIAP 2022-2026 to go on public exhibition for 28 days from 11 April – 10 May 2022. The public exhibition engagement outcomes were presented at the 6 June 2022 Councillor Briefing.

Extensive engagement was also undertaken with Council’s Access Committee. The Access Committee were first notified of Council’s intention to develop a Draft DIAP 2022-2026 at its 16 June 2021 meeting. The Access Committee advised on the engagement plan for Stage One and were provided a report on the outcomes at their 16 March 2022 meeting. An extraordinary Access Committee Meeting was held on Wednesday 6 April 2022 to provide further detailed review of the Draft DIAP and the plan for public exhibition. Outcomes of the public exhibition were presented to the Access Committee at its meeting of 1 June 2022. 

Inspired by our community, Council is proud to lead the way in ensuring inclusion and access for all people living, working, or visiting Penrith. We all benefit and are stronger when we live in a community that values diversity and inclusion.

The DIAP outlines Penrith City Council’s (Council) priorities for the next four years to support equity and inclusion across our City. The Plan acknowledges and aims to remove the barriers often faced by people with disability to lead an independent and meaningful life and participate fully in our community.

The DIAP aligns with State Government guidelines and has been informed by two stages of community engagement involving people with disability, carers, support workers and the broader community sector. A comprehensive summary of the engagement outcomes can be found in Attachment 1.

Council is required to submit its endorsed DIAP 2022-2026 to the Department of Communities and Justice (DCJ) by 30 June 2022.

This report recommends that the Disability Inclusion Action Plan 2022-2026 (Attachment 2) be received and endorsed.

 

Background

Penrith City is transforming, bringing new opportunities for Penrith City Council to leverage this growth to meet the needs of our community. As we progress, it is essential that we also build a community in which all of our people share in that positive future.

Significant improvements in access and inclusion have been achieved since the development of Council’s first Disability Action Plan in 2003. This work has been delivered with support from community partners and the efforts of our Access Committee.

This year marks 30 years of the Access Committee at Penrith City Council. Through the efforts of past and present Access Committee members, Council leads in this space. Council acknowledges the significant contribution of Access Committee members to achieving a more accessible and inclusive Penrith City for everyone to benefit from.

The Access Committee were first notified of Council’s intention to develop a Draft DIAP 2022-2026 at its 16 June 2021 meeting. The Access Committee advised on the engagement plan for Stage One and were provided a report on the outcomes at their 16 March 2022 meeting. An extraordinary Access Committee Meeting was held on Wednesday 6 April 2022 to provide further detailed review of the Draft DIAP and the plan for public exhibition. Outcomes of the public exhibition were presented to the Access Committee at its meeting of 1 June 2022. 

A report was presented at the Ordinary Meeting of Council on 28 March 2022 containing a summary of Stage One engagement outcomes and seeking endorsement for the Draft DIAP 2022-2026 to go on public exhibition for 28 days from 11 April – 10 May 2022. The public exhibition engagement outcomes were presented at the 6 June 2022 Councillor Briefing.

 

The process of developing a DIAP in NSW

Local Councils are required to develop and submit DIAPs to the NSW Department of Communities and Justice (DCJ) for endorsement. This should occur every four years. The DIAP for the period 2022-2026 is due with DCJ by 30 June 2022.

Councils report on their progress annually to the NSW Disability Council on the actions and outcomes delivered.

Action Plans should be developed in accordance with the Guidelines, with actions across four focus areas, which include:

§ Attitudes and behaviours – changing perceptions and how others treat people with disability.

§ Liveable Communities – improving infrastructure, programs and services.

§ Meaningful employment – improving pathways to job opportunities.

§ Systems and processes – improving Council’s systems, processes and communications.

Developing Penrith City Council’s DIAP 2022-2026

The DIAP 2022-2026 builds on previous efforts to ensure we are an inclusive organisation and City. The following steps have been taken to prepare the Plan:

·    Review of the previous Disability Inclusion Action Plan 2017-2021 and the key outcomes over the course of its implementation.

·    Academic and best practice research to identify current best practice approaches to improving access and inclusion outcomes, including within a local government context.

·    Demographic research to identify the profile of people living with disability in Penrith City, including the preparation of a Penrith Disability Snapshot 2021.

·    Community and stakeholder engagement (stage one) to capture feedback from residents, community services and the Access Committee – we listened to what is working well and what Council could improve upon.

·    Staff engagement to capture challenges, aspirations and knowledge.

·    Analysis and preparation of the Draft DIAP 2022- 20226 to review and consolidate feedback and information inputs and identify key issues, needs, gaps, aspirations, priorities, and actions.

·    Public Exhibition of the Draft DIAP 2022 – 2026 (stage two) to engage with the community and ask ‘did we get the plan right?’  

·    Preparation of the Final DIAP 2022 – 2026 incorporating feedback from public exhibition.

 

Community engagement underpinned the development of the DIAP and occurred in two stages. During Stage One, we asked the community about their experiences, what was working well and what Council could improve on to make Penrith more accessible.

Stage Two included a formal public exhibition process where participants were asked to consider how the Draft DIAP reflected what we heard from the community, identify any gaps in the work and share overall satisfaction with the draft actions.

Overall, 91% of respondents to the public exhibition were satisfied that the Draft DIAP responded to the community’s needs and priorities. Across all feedback methods the comments validated that the Draft DIAP had responded to what was heard in Stage One Engagement and provided valuable insights that will contribute to the implementation of actions. A comprehensive DIAP Engagement Outcomes Report can be found at Attachment 1.

Council officers used public exhibition feedback as well as feedback from Councillors to strengthen several actions and propose new actions to further reflect identified community needs and preferences. In summary, the following amendments were made to the Draft DIAP post public exhibition:

·    No change to the 15 strategies. 

·    Actions with no change: 46. 

·    Actions with minor change: 6.  

·    New actions: 5. 

 

The Final DIAP 2022-2026

Penrith City Council’s’ Disability Inclusion Action Plan 2022-2026 outlines Council’s priorities for the next four years to support equity and inclusion across our City. The DIAP includes 15 strategies and 57 subsequent actions, under the four focus areas as outlined below:

 

Attitudes and Behaviours

1.   Increase awareness and knowledge of access and mechanisms for inclusion for Penrith City Council staff.

2.   Raise awareness and promote the benefits of inclusion to the community.

3.   Raise awareness and promote the benefits of inclusive customer practices with local business.

Liveable Communities

4.   Deliver accessible and inclusive community events, programs and services.

5.   Increase access and participation in recreational and sporting opportunities. 

6.   Support participation in the creative arts for producers, makers and audiences with disability.

7.   Improve accessibility within Penrith City’s town centres.

8.   Provide accessible Council buildings and facilities.

9.   Improve accessible transport and pedestrian movement in and around Penrith.

10. Support people with disability to be prepared, respond, and recover from emergencies, shocks and stresses.

Meaningful Employment

11. Increase employment of people living with disability within Penrith City Council.

12. Support employment of people with disability within local businesses.

System and Processes

13. Increase engagement and participation of people living with disability in Council decision making.

14. Embed inclusion focused outcomes in Council planning processes and program and service design. 

15. Increase access to information.

 

The proposed final content for the DIAP 2022 – 2026 document is provided in Attachment 2. Following endorsement, this document will be graphic designed and launched as Council’s final DIAP 2022 – 2026. 

Council is required to submit its endorsed Disability Inclusion Action Plan 2022-2026 to the Department of Communities and Justice by 30 June 2022 and then report annually to the NSW Disability Council on actions and outcomes delivered over the four-year period.

 

DIAP Stretch Projects

Efforts have been taken to ensure the actions identified in the final DIAP 2022-2026 have been prepared within budgeted commitments over the next four years.

Based on known community needs and priorities, the opportunity for four stretch projects have been identified, that would require additional funding but will also gain significant traction and impact. A brief summary of the potential projects is provided below:

·    A public awareness campaign on the contribution of people with disability to the city and why access is important, assisting to shift attitudes on disability.

 

·    Autism-Friendly Playspace Guides – supporting families and communities to visit and make use of some of our great playspaces through supported specific user guides and templates. Penrith City’s disability snapshot highlights that autism in children is the highest reported disability in Penrith.

 

·    Boost Meaningful Employment - showcasing the contribution that people with disability can make to an organisation, during a period when most businesses are struggling to employ enough staff. It is timely to raise awareness about the benefits to people with disability and employers when they make their workplace physically and culturally fit for employees with disability. The potential for a ‘City Challenge’ to support employment outcomes within local business and Council could be explored.

 

·    Undertaking Pedestrian Access and Mobility Plans (PAMP) to develop a plan for pedestrian facilities that are practical and cater for the needs of different users in Penrith, St Marys, and Kingswood including the hospital, as well as around the river.

In this 30th year of Penrith City Council’s Access Committee it is an opportune time to consider the potential to build on our business-as-usual approach through these stretch projects that both lift and confirm Council as a leader in the access and inclusion space, and at the same time by doing so acknowledge the significant contribution of the Access Committee members over this period to the City.

The estimated costs for the four stretch projects are $220,000. Council officers have identified funding from within existing budgets for 3 of the 4 proposed stretch projects, with a shortfall of approximately $50,000. These funds would need to be sought from an alternate funding source for the fourth stretch project.

 

Celebrating 30 Years of the Access Committee and launching the DIAP

This year marks 30 years of the Access Committee’s contribution to making Penrith a more inclusive community. The development of this formal advisory Committee was one of Council’s earliest initiatives to improve access to Council services and facilities for people with disability.

Council officers are working on a program to celebrate and acknowledge the work of the Committee and, following endorsement, officially launch the Disability Inclusion Action Plan 2022-2026. This is proposed to include civic and community events that raise awareness about the commitments made in the DIAP, the role of the Access Committee in advancing inclusion, and as a way to thank participants who contributed to the development of the Plan.

Further information on these events will be provided as soon as it is available. 

 

Financial Implications

The Disability Inclusion Action Plan 2022-2026 outlines Council’s priorities for the next four years to support equity and inclusion across our City. Actions in this plan have been agreed on and committed to with Managers and will be funded within existing budget allocations and integrated within Council’s future Operational and Delivery Programs with appropriate grant funding opportunities also being investigated.

The estimated costs for the four stretch projects is $220,000. Council officers have identified funding from within existing budgets for 3 of the 4 proposed stretch projects and would need to identify an alternate funding source of $50,000 for the fourth project to be realised. Councillors have indicated a desire for all funding opportunities to be explored. This could include future grant opportunities or a contribution from Voted Works.

Staff will continue to scope stretch projects and actively seek funding opportunities to effect significant change in areas of community need.

 

 

Risk Implications

DIAPs are a legislated requirement and Council’s performance is reported annually to the State Government via the NSW Disability Council.

The deadline for submitting DIAPs for 2022-26 is 30 June 2022.

 

Conclusion

Council’s Disability Inclusion Action Plan 2022-26 outlines Council’s priorities and commitment to improve access and inclusion outcomes across our City over the next four years. The Plan is a strong reflection of the community’s feedback and builds on learnings and the successes of previous work.

DIAPs for 2022 - 26 are a legislated requirement in NSW and the deadline for submitting DIAPs to the Department of Communities and Justice is 30 June 2022.

This year marks 30 years of Penrith City Council’s Access Committee. It is an ideal time to hold celebrations to acknowledge the significant contribution of the Access Committee members to improving outcomes for people living with disability in our City, and to launch the DIAP 2022 – 26, thanking all those who contributed to the Plan and recognising the proud and leading role Council takes in this work. 

Council will continue to engage with our community and partners at a project level throughout the Plan’s implementation as we work to deliver actions over the next four years.

 

RECOMMENDATION

That:

1.     The information contained in the report on Disability Inclusion Action Plan 2022-2026 - Final document be received

2.     The Disability Inclusion Action Plan 2022-26 be endorsed as final and submitted to the Department of Communities and Justice.

 

 

ATTACHMENTS/APPENDICES

1.

Disability Inclusion Action Plan 2022-26 - Stage one and Two Outcomes Report_final

20 Pages

Attachments Included

2.

DIAP 2022-26 Report and Detailed Action Plan- Version 5 - Post Public Exhibition

56 Pages

Attachments Included

  


Ordinary Meeting                                                                                                   27 June 2022

 

 

 

8

Update on COVID Recovery - Special Purposes Grant    

 

Compiled by:               Erin Davidson, Community Safety Projects Officer

Allison Kyriakakis, Community Safety Team Lead

Authorised by:            Megan Whittaker, City Activation, Community and Place Manager

Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures  

 

Outcome

We are healthy and share strong community spirit

Strategy

Help build resilient, inclusive communities

Service Activity

Support community service organisations working in our City

      

 

Executive Summary

This report provides an update on the outcome of Penrith City Council’s COVID Recovery – Special Purposes Grant.

Penrith City Council (Council) endorsed the COVID Recovery – Special Purposes Grant program at its Ordinary Meeting on 21 February 2022. A further memo was provided to Councillors on 14 April 2022.

Following an Expression of Interest (EOI) process, three (3) incorporated community management groups of non-Council owned community-based facilities have each been granted one-off funding of $4,000. This will support the re-opening of their facilities to the community and help these incorporated community management groups overcome the impacts of COVID on their normal programming and income.

The report recommends that the information be received by Council.

Background

The impacts of COVID have been felt broadly, and in different ways across our community. Whilst opportunities for funding to ease financial pressures have been available to many local groups, clubs and services, groups managing facilities such as local community halls have not had access to similar financial supports.

The COVID Recovery – Special Purpose Grant Program (the Program) provides an opportunity for incorporated community management groups of non-Council owned community-based facilities to apply for a small one-off grant of up to $4,000. The Program was endorsed by Council at its Ordinary Meeting on 21 February 2022 and is funded through Council’s Voted Works Reserve. An update on the roll-out of the program was provided to Councillors via memo on 14 April 2022.

 

The Program aims to assist local groups to prepare and reopen their facilities to the community during the COVID recovery phase. These groups have not had access to funding support available to other organisations and clubs during and in response to COVID. It is recognised that these facilities provide a valuable space for community connection, celebration and recreation, particularly in our semi-rural communities. The Program sought to respond to this identified community need.

 
Applications for funding were invited via an Expression of Interest (EOI) process, open for a three (3) week period from Tuesday 19 April to Tuesday 10 May 2022. The EOI was advertised in Council’s Corporate News page and all known eligible groups across the City were contacted by email, letter and phone to invite them to apply. 

 

The application process was simple to ensure an equitable approach and fast turnaround.

Current Situation

A total of four (4) applications seeking $4,000 (each) were received. Each application was assessed on its merit and ability to satisfy the Program aims and eligibility criteria as follows: 

Program Aims:

·    Assist local community management groups working in our City to reopen facilities to the local community as COVID-19 restrictions lift.

·    Enhance the capacity of local community management groups to provide facilities and services that respond to community needs and interests.

·    Contribute to community wellbeing and community spirit.

·    Increase opportunities for participation in community life, activities and programs.

Program Eligibility Criteria

·    The facility must be located in and operate within the Penrith LGA.

·    Applicants must be a community-based organisation that caters for and/or hires to the general community. Operators of community services in Council-owned facilities or assets are ineligible for this funding program.

·    Applications are open to Incorporated Associations with a turnover of less than $20,000 per year that own a community facility/asset. Evidence of incorporated status, annual turnover and asset ownership will be required as part of the application process.

·    Applicants must be able to expend and acquit all funds by 30 September 2022 and submit the required acquittal to Council.

·    Expenses must be related to the re-opening and hiring of the facility to the community post COVID-19 restrictions.

 

Three (3) of the four (4) applications met the aims and eligibility criteria and were successful in receiving $4,000 (ex GST) in funding. This includes Wallacia Progress Association, Luddenham Progress Association Inc., and Llandilo Hall Committee. The fourth application was made by a small business which did not meet the eligibility or assessment criteria. Council officers will contact the business to provide feedback on why they have not met the eligibility criteria for the funds. 

 

The funds are facilitating a range of initiatives to support re-opening including the purchase of equipment to assist in building and ground maintenance and repairs, as well as paying for building and public liability insurance.

 

All applicants have been notified of the outcome of their application. Council officers are liaising with each successful group to facilitate the quick release of funding. 

 

Financial Implications

The Program was established at the Ordinary Meeting of the 21 February 2022 with Council allocating up to $60,000 (funded from Voted Works). Following the EOI and assessment process, three (3) of the four (4) applicants have been successful in their individual applications for $4,000 each bringing the total funding allocation to $12,000 ($4,000 from each Ward).

Risk Implications

All groups are required to provide relevant documentation to Council prior to the release of funding. This includes proof of organisational status and quotations of goods and/or services that the funds will be used to purchase. Groups will be required to submit final acquittals to Council by 30 September 2022 as proof that all funds have been expended for the agreed purpose.

Conclusion

The impacts of COVID have been felt broadly, and in different ways across our community. Whilst opportunities for funding to ease financial pressures have been available to many local groups, clubs and services, groups managing facilities such as local community halls have not had access to similar financial supports.

Council’s COVID Recovery – Special Purposes Grant Program aimed to support those incorporated community management groups to re-open their facilities, through small scale, quick release funding – assisting with practical measures to bring their buildings, and the programs they accommodate, back to life. 

Three of the four applications received under this Program were successful, with the funding supporting building repairs, building maintenance and insurances that enable these facilities to continue to be available for community use. Funds are required to be expended by 30 September 2022.

 

RECOMMENDATION

That the information contained in the report on Update on COVID Recovery - Special Purposes Grant  be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                       Page

 

9        Adoption of Community Strategic Plan - Penrith 2036,+ 2022-32 Resourcing Strategy, Delivery Program 2022-26 and 2022-23 Operational Plan                                             77

 

10      Model Code of Meeting Practice                                                                                      92

 

11      Council Property - Lease Agreement - Joan Sutherland Performing Arts Centre - 597- 599 High Street Penrith                                                                                                           96

 

12      Plan of delimitation over Council's land located at 6 Cox Avenue Kingswood (Part of lot 1 DP 198211)                                                                                                                      99

 

13      Proposed easement over Council's land located at Lot 349 and Lot 350 DP14333, 5A Stafford Street Kingswood                                                                                             104

 

14      WestInvest Program                                                                                                       109

 

15      Summary of Investment & Banking for the period 1 May 2022 to 31 May 2022           115

 

 

 

 

 

 

 

 

 



Ordinary Meeting                                                                                                   27 June 2022

 

 

 

9

Adoption of Community Strategic Plan - Penrith 2036,+ 2022-32 Resourcing Strategy, Delivery Program 2022-26 and 2022-23 Operational Plan   

 

Compiled by:               Neil Farquharson, Financial Services Manager

Geraldine Brown, Strategic Finance Coordinator

Matthew Saunders, Rates Coordinator

Craig Shepherd, Corporate Performance Lead

Lawrence Hennessy, Corporate Strategic Lead

Authorised by:            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 is required to prepare and adopt a new Community Strategic Plan and Delivery Program (including Operational Plan) to Council by 30 June following a local government election.

·    The Community Strategic Plan (CSP)Penrith 2036+, (separate Enclosure 1) to this report, is the highest-level plan that Council prepares on behalf of the community, and covers a minimum of 10 years. The Plan identifies the community’s main priorities and aspirations for the future, establishes five strategic, community outcomes and the strategies to achieve them.

·    The 2022-26 Delivery Program (separate Enclosure 2) sets out Council’s Principal Activities for the next four years that will contribute to the delivery of the five Community Outcomes in the Draft Community Strategy Plan 2036.

·    The 2022-23 Operational Plan (separate Enclosure 2) is included as an appendix to the Draft 2022-26 Delivery Program. The Draft 2022-23 Operational Plan is an annual plan that identifies actions for the next year that will contribute to the implementation of the four-year Draft 2022-26 Delivery Program

·    The 2022-23 Fees and Charges component provides full details of Council proposed fees and charges (separate Enclosure 3).

·    The 2022-32 Resourcing Strategy (separate Enclosure 4) demonstrates how Council will allocate its resources - time, money, assets and people - to deliver the objectives, activities and actions under its responsibility as articulated in the Community Strategic Plan, Delivery Program and Operational Plan.

 

The Community Strategic Plan – Penrith 2036+, 2022-32 Resourcing Strategy, 2022-26 Delivery Program, 2022-23 Operational Plan and the 2022-23 Fees and Charges were presented to Council on 2 May 2022 and were placed on exhibition from 6 May to 2 June 2022 under Section 405(2) of the Local Government Act 1993. Fifteen submissions were received during the exhibition.

 

There were a small number of budget adjustments required to be made to the 2022-26 Delivery Program (incorporating the Operational Plan 2022-23) such as the inclusion of the March 2022 revotes, and the fine-tuning of a number of budget assumptions and allocations that have been confirmed during the exhibition period. The more significant budget adjustments are detailed later in this report and a complete list is provided in Attachment 1. A balanced budget is proposed for 2022-23 after incorporating these adjustments.

This report seeks Council’s adoption of the Community Strategic Plan – Penrith 2036+, 2022-32 Resourcing Strategy, 2022-26 Delivery Program, 2022-23 Operational Plan and the 2022-23 Fees and Charges. This includes approval for the expenditure of the budget outlined in this report, and endorsement for the Making of the Rates and Charges for 2022-23 under Section 535 of the Local Government Act. The Resourcing Strategy has also been reviewed to ensure it is consistent with the Community Strategic Plan – Penrith 2036+ and the 2022-26 Delivery Program, and is also presented for adoption.  The strategic planning documents will be provided as separate enclosures, and will also be available on Council’s website.

Additionally, the report recommends that the Council confirm its agreement to underwrite the operations of Penrith Whitewater Stadium Limited and Penrith Performing and Visual Arts Limited until the presentation of the respective Annual Reports for 2022-23.

Public Exhibition

The the Community Strategic Plan – Penrith 2036+, 2022-32 Resourcing Strategy, 2022-26 Delivery Program, 2022-23 Operational Plan and the 2022-23 Fees and Charges were placed on exhibition from 6 May to 2 June 2022.

 

The public exhibition process provided stakeholders across Penrith LGA an opportunity to view and provide feedback on the documents before they are officially adopted by Council. 

The documents were available electronically through Council’s engagement portal www.yoursaypenrith.com.au/penrith2036, and in hard copy at:

·    Penrith City Library

·    Civic Centre

·    St Mary’s Library and Office

·    St Clair Library

 

The public exhibition was promoted through printed and electronic media. This included:

·    Social Media posts – Facebook, Instagram, Twitter and LinkedIn 6 May to 2 June 

·    Vintage FM Radio Ads w/c 9 May (Mayoral), w/c 23 May (community) 

·    Media release 9 May 

·    Western Weekender Corporate News Page (brief) w/c 9 May and 23 May 

·    Posters at various Council buildings and childcare centres 

·    EDM (email to yoursay users) 10 May and 25 May  

·    Penrith City Council Our Place e-newsletter 20 May 

·    Penrith City Council Sustainability e-newsletter 27 May 

 

Council’s online engagement portal recorded the following activity:

·    705 pageviews

·    461 unique page visitors

·    15 submissions

·    155 Community Strategic Plan downloads

·    142 Delivery Program/Operational Program downloads

·    71 Fees and Charges downloads

·    73 Resourcing Strategy downloads

Submissions Summary

 

Document

Number of submissions

Community Strategic Plan

12

Delivery Program and Operational Plan

3

Resourcing Strategy

0

Fees and Charges

0

Total Submissions

15

 

 

Issues raised through submissions

 

1.   Request for Local Art awards.

 

Council sees the value in this proposal, and based on this feedback has added a new short to medium term action within the Penrith Cultural Strategy “Investigate a Penrith Art Prize with the Penrith Regional Gallery with an award category for a local artist”

 

2.   Request for creativity to be emphasised as a strong community value.

 

Creativity is acknowledged in Community Strategic Plan – Penrith 2036+ Strategy 2.4 “Support and provide opportunities to participate in activities and events that celebrate our diversity, culture and creativity”, however based on this feedback we have updated the Community Strategic Plan – Penrith 2036+ Outcome 2 to include the word creative, to ensure its significance to our community is clear. The updated Outcome now reads:

"We are welcoming, healthy, happy, creative and connected"

 

3.   Request for acknowledgement of the continuing culture of Aboriginal and Torres Strait Islander communities.

 

The Community Strategic Plan – Penrith 2036+ Strategy 2.5 has been updated to read "Respect, engage and celebrate our diverse Aboriginal and Torres Strait Islander community, their rich heritage and continuing culture."

 

4.   Request to release a gateway plan for Orchard Hills South.

 

The Penrith Local Strategic Planning Statement (LSPS) commits to investigating the potential of new housing in designated Urban Investigation Areas (UIA). Orchard Hills South is an UIA nominated by the State Government in response to the announcement of a new Metro station in the area as part of the Western Sydney Airport Line. The State Government is preparing a Strategic Planning Framework for the Greater Penrith to Eastern Creek area, which will include Orchard Hills South. Responsibility for planning of Orchard Hills South lies with the Department of Planning and Environment (DPE). Penrith City Council has been liaising with the DPE to better understand their planning for the area and timeframes. 

 

5.   Request for on road cycling facilities.

 

NSW has its first Minister for Active Transport and as part of this Portfolio a Strategic Cycleway Corridors Plan will be developed for the Western Parkland City. Along with the introduction of several NSW Government Strategies such as Future Transport 2056 and active transport design guidelines, we will start to see more separated facilities across the Penrith LGA and the Western Parkland City Councils. 

 

From a local level, Penrith Council has identified the importance of providing active transport routes within the LGA in its key Strategies and Plans. One of which that is currently in review is the ‘Penrith Accessible Trails Hierarchy Strategy’ (PATHS) that will be publicly exhibited later this year. This will provide an active transport network map across the LGA and a 10-year Implementation Plan of the highest ranked preferred active transport routes.

 

6,7,8. Requests to emphasise the importance of providing shade in public spaces for health, comfort, and wellbeing of the community.

 

Council recognises the need for shade and reflects this in the Cooling the City Strategy and Resilient Penrith Action Plan through actions such as tree planting and canopy targets. Although this comes under the Community Strategic Plan – Penrith 2036+ Strategy 1.2 “Strengthen sustainability and climate resilience”, it was decided to ensure an emphasis on the importance of shade to our community, to make the following changes to include the word “shade” throughout the Community Strategic Plan – Penrith 2036+ and the 2022-26 Delivery Program, 2022-23 Operational Plan. Two strategies and one indicator have been amended to read:

Strategy 1.1 “Green the landscape, provide more shade and protect biodiversity”

Strategy 4.4 “Ensure our public places are clean, safe, shaded, secure and accessible”

Indicator: “Community satisfaction with clean and shaded streets and public spaces”

 

9. Request for consideration of public safety and public amenity in the area between Coreen Avenue and Andrews Road, specifically footpaths, unsafe and unmaintained verges, parks, shade, recreation, and ranger patrol for illegal parking and dumping.

 

Requests for new footpaths are received regularly and a prioritised program of works is established annually. This includes new footpaths throughout existing suburbs to meet the needs of the community.

 

Council generally relies on the owners of property to undertake the maintenance of the verges in front of their property. If verges become overgrown and restrict pedestrian access Council cuts the identified area to ensure safe pedestrian access. Recent wet weather has impacted on verges, parks and sporting field across the City with soft ground restricting access for maintenance.

 

The area in question which is approximately 3.5 square kilometres, is predominately a mix of high density residential and industrial properties. Whilst Rangers are responsive, it is helpful to receive this information in regard to illegal dumping and illegal parking, as we can program more proactive patrols, where resources allow. Rangers will continue to respond to complaints when they are received.

 

With input from our community, Council has prepared a Disability Inclusion Action Plan 2022-2026. Throughout two stages of community engagement, pedestrian safety was a top concern raised with staff. Council has developed specific actions in response to feedback under 'Strategy 9 Improve accessible transport and pedestrian movement in and around Penrith'. The DIAP is being submitted to Council on Monday 27 June for adoption. The final version will be available on our website following the outcome of this meeting.

 

10. Request for services and plans for the Orchard Hills community.

 

The NSW State Government announced the new Sydney Metro Western Sydney Airport alignment and station locations in 2020, which included a proposal to include a new Metro station at Orchard Hills South, to service a commercial and mixed-use precinct. Planning around this new Metro station is underway and forms part of the wider planning work being undertaken for the Greater Penrith to Eastern Creek (GPEC) growth area by the NSW Department of Planning and Environment. The GPEC area is likely to house most our City’s greenfield development over the coming 20 years. Consequently, Council has prepared a revised draft of the Local Housing Strategy (LHS), which has been publicly exhibited during April and May this year. The draft LHS indicates that there will be a demand for an additional 36,000 dwellings over the 20-year timeframe of the plan (2016-2036), with around 8,000 dwellings having already been delivered. 

 

Further, Council is in receipt of a Planning Proposal seeking to rezone an area of land at Orchard Hills North, to enable delivery of approximately 1,729 dwellings, open space, a village centre and roadways. The proposal has yet to progress to public exhibition for community consideration.

 

 

11. Request for information about plans to manage existing infrastructure, particularly roads and footpaths throughout Erskine Park and the safety risk to members of the community living with a disability.

 

The road surface in Calais Place, Erskine Park has had several repairs undertaken over time to address longitudinal cracking. There is currently a failure at the head of the cul-de-sac that requires a heavy path to address the road failure. Heavy rains in the first quarter of this year have significantly impacted on the condition of our road network. Council will program these works to be undertaken in the near future. The ‘deep holes’ identified in the gutters will be inspected and repaired to make safe.

 

Council prioritises the repair of potholes based on the level of risk to road users. We prioritise road repair based on several factors including the depth, size and location of the pothole on the road; the volume of traffic; and the speed of the road.

 

Requests for new footpaths are received regularly and a prioritised program of works is established annually. This includes new footpaths throughout existing suburbs to meet the needs of the community.

 

With input from our community, Council has prepared a Disability Inclusion Action Plan 2022-2026. Throughout two stages of community engagement, pedestrian safety was a top concern raised with staff. Council has developed specific actions in response to feedback under 'Strategy 9 Improve accessible transport and pedestrian movement in and around Penrith'. The DIAP is being submitted to Council on Monday 27 June for adoption. The final version will be available on our website following the outcome of this meeting.  

 

 

12. Request for information about plans for Wallacia, highlighting infrastructure, recreation and flooding.

 

Council’s Local Strategic Planning Statement (LSPS) and recently exhibited Draft Rural Land Strategy (RLS) (2022) identify Wallacia as part of Penrith’s ‘Rural Edge’ and the broader ‘Metropolitan Rural Area’ identified in the Greater Sydney Region Plan and Western City District Plan.  These documents all aim to protect and enhance the environmental, social and economic values and opportunities in our rural areas.

 

Wallacia is within the Rural South West precinct in the Draft RLS, which has five priorities including:

 

·    Secure the Rural Edge to prevent further urban development within this precinct;

·    Protect ecological health and biodiversity including establishing an east west connection linking The Northern Road and the protected vegetation on the Orchard Hills Defence Establishment site to the Nepean River and protecting Jerrys Creek to deliver water quality and ecological improvements;

·    Preserve open space, natural beauty and cultural connections by improving planning controls to ensure these matters are considered in new developments and protecting and enhancing locations where access to the Nepean River is available, such as at Wallacia.  In this regard, the Penrith Sport and Recreation Strategy (SRS) identifies the need to investigate open space and recreation opportunities at Fowler and Blaxland Crossing Reserves, as well as at Crossman Reserve.  

·    Support a diverse rural economy including opportunities to attract visitors and increase rural tourism.  The recently adopted Penrith Employment Lands Strategy (ELS) identifies Wallacia as part of a scenic corridor, stretching from the Western Sydney Airport to Penrith and Penrith Lakes.  The ELS suggests that by preserving and enhancing the natural, scenic and cultural landscapes within this corridor, new business and employment opportunities may be supported such as nature-based tourism, heritage and farm gate trails, accommodation options, sporting and recreational experiences, lifestyle activities and Aboriginal cultural education experiences; and

·    Provide housing and services to meet the needs of the community including opportunities within the village of Wallacia for housing diversification and, in some instances, renewal.  Increased housing diversity would provide opportunities for the existing population to age in place. Opportunities for increased housing diversity will be identified for Wallacia village as part of the Corridors and Centres Strategy, currently underway.

 

In relation to flooding, Wallacia (like several other suburbs) is a severely flood affected area. Council has flood mapping for available and can provide advice/information to residents upon request; flood information is available via Council’s web site. In addition, Infrastructure NSW are in the process of completing a comprehensive Regional Flood Study – including Nepean and Warragamba Rivers and the resultant flood impact to Wallacia and surrounding areas. This will look at emergency response planning and evacuation protocols. 

 

          13. Request for trees and green areas.

 

Providing green infrastructure throughout the Penrith area, including trees and green space is a key objective of Council’s Cooling the City Strategy and Resilient Penrith Action Plan. 

 

Council is delivering new greenspace through projects such as City Park, a 7,000sqm area in the Penrith City Centre that will be transformed into a green space for people to enjoy. 

 

Through the Greening Our City Program, Council is currently planting 5,000 trees in parks and streets in suburbs that have low canopy cover and are more vulnerable to heat. These trees are being sourced locally through Council’s nursery. Council will also be planting additional trees in parks, corridors and industrial areas in 2022-23. These tree planting projects will add value to the 186,000 plus trees that have already been planted by Council as part of its Cooling the City Strategy and Bushcare Program. 

 

In 2021 Council endorsed its Green Grid Strategy, which maps where tree planting should be undertaken to create a network of green corridors and spaces connecting our waterways, bushland, parks and reserves, streets, and our urban centres. The Green Grid identifies priority projects that will be implemented over time. Council is also commencing a project to set tree canopy targets within key centres/suburbs of Penrith, which will see more trees planted in the future in areas which require additional canopy cover for greening, shading, and cooling.  

 

14. Request for stronger controls on developers, such as protection of established trees, new planting requirements, restrictions on dark coloured roofs and driveways and minimum lot sizes.

 

The potential impacts of development are given close consideration by Council in assessing development proposals. Relevant Federal and State legislation apply to protect aspects such as biodiversity and vegetation. 

 

The Penrith Local Environmental Plan 2010 (LEP) sets out standards which must be met by developments including minimum lot size. Penrith Development Control Plan 2014 (DCP) sets out development controls for buildings including materials, finishes and landscaping including replacement planting. The LEP and DCP are currently under review in stages and Council’s strategies such as Cooling the City will be reflected in the review.  

 

Where a development is approved and not complied with, Council undertakes necessary compliance action. 

 

15.a) Request for bike paths and better connections between existing bike paths, particularly throughout East Ward. 

 

 Requests for new or upgrade of existing shared user path or bike paths located on NSW Government roadways such as The Great Western Highway is required to be lodged to Transport for NSW (TfNSW) as the appropriate authority for classified roads. This can be done by lodging a request on the TfNSW customer portal (https://roads-waterways.transport.nsw.gov.au/contact-us/feedback-form.html).

 

Council Officers continue to lodge annual funding applications to the NSW Government and Federal Government to expedite the delivery of active transport projects. Apart from opportunities to have walking and bike infrastructure delivered by developers in newer suburbs like Jordan Springs and Caddens, the local network as mapped in the PATHS 2012 is subject to council funding, and only small lengths of paths can be delivered in our neighbourhood areas each year. 

 

Several local street connections within St Marys, St Clair, Colyton, Oxley Park and Erskine Park have been included as part of the development of the draft ‘Penrith Accessible Trails Hierarchy Strategy’ (PATHS, 2022). The draft PATHS is currently in development and will be publicly exhibited later this year to provide an opportunity for public input.

 

There is considerable strategic work being undertaken by the NSW Government’s Sydney Metro and Transport for NSW departments to develop a ‘Western Sydney Airport Active Transport Strategy’, as well as strategic planning works being undertaken by Council’s City Strategy Section. These initiatives seek to improve active transport connectivity between St Marys and surrounding suburbs. The St Marys Structure Plan is currently in development and will be placed on exhibition during the 2022-23 financial year.

 

b) Request for public bins to be installed and regularly serviced around the path and nature reserves network in St. Clair

 

Council’s Waste and Resource Recovery team is currently conducting a major review of public place bin allocation and usage.

 

Council also regularly conducts ad hoc reviews regarding public place bins following enquiries from residents. 

 

As part of the review process, Council’s Waste and Resource Recovery team consult with the Street and Park Litter Crews and conduct field audits to assess litter distribution and bin contents.

 

c) Request for a roundabout or traffic lights at the intersection of Elizabeth Drive and Devonshire Road, Kemps Creek.   

 

Elizabeth Drive is a State Road under the care, control, and management of Transport for NSW (TfNSW); as such, the intersection with Devonshire Road is a matter for consideration by TfNSW. That said, Council is aware of plans which are being developed by TfNSW for the complete upgrade of Elizabeth Drive. More details can be accessed via https://roads-waterways.transport.nsw.gov.au/projects/elizabeth-drive-upgrade/index.html

 

d) Request for Return and Earn reverse vending machines in East Ward

 

The Return and Earn Reverse Vending Machines are managed by TOMRA Cleanaway and take approximately 8 carparking spaces to install.  Many Council owned facilities cannot feasibly give up this amount of space.  As such, Tomra Cleanaway seeks to partner with private landowners at shopping complexes or sports facilities to install Reverse Vending Machines.

​Alternatively, there is an online tool to find Reverse Vending Machine locations close to you including facilities at Erskine Park, St Marys, Minchinbury and Caddens: https://returnandearn.org.au/return-points/

 

Changes to Operational Plan - Budget Adjustments

The financial estimates included in the exhibited revised 2022-26 Delivery Program (incorporating the 2022-23 Operational Plan) were based on information that was available at the time. During the Exhibition period, further budget adjustments have been required as a result of Council decisions and additional information that has been received.

 

The exhibited draft 2022-26 Delivery Program (incorporating the 2022-23 Operational Plan) presented a balanced budget. During the Exhibition period adjustments have been made and a balanced budget will still be achieved should Council choose to adopt all the proposed recommendations contained within this report. Within the balanced budget presented for 2022-23 it is also proposed to allocate funds to the Financial Management Reserve of $2.6m to provide capacity to respond to additional priorities that have been identified or emerge in 2022-23. 

 

Council submitted an application for to increase the rate peg from 1.4% to 2.5% via IPART’s Additional Special Variation (ASV) process on Friday 22 April 2022. On 20 June 2022 Council was informed that the application for the 2.5% ASV was approved by IPART and therefore the rates increase for 2022-23 will be 2.5%. This represents an additional income of $1.6m which has been transferred initially to Reserve with funds proposed to be allocated to addressing Council’s infrastructure backlog.

 

At the Ordinary Meeting on 30 May 2022, Council adopted the March 2022 Quarterly Review which included revotes totalling $31.3m for capital works and operating projects which have now been incorporated into the 2022-23 Budget.

 

Some of the more significant changes during the exhibition period impacting the bottom line include:

·    Parks and Open Space Maintenance - increase of $981,602 to reflect permanent increase in annual allocation per new asset maintenance guidelines

·    Subsidy for Penrith Whitewater Stadium (PWS) – allocation of $570,000 subsidy for the 2022-23 financial year as per request from PWS Board

·    Interest on Investments – increase in income of $876,339 to reflect portfolio average of $180.5m and revised interest rate of 1.6%

·    Application to amend LEP DCP – net increase in income relating to rezoning applications of $148,884

 

A number of budgets have also been adjusted to reflect the latest phasing for multi-year projects and revised schedule of works.  Finally, previous Council decisions impacting 2022-23 have been incorporated in to the final 2022-23 Budget.

 

Provided in Attachment 1 is a complete list of all budget changes that have occurred during the exhibition period.

 

 

Changes to Fees and Charges

 

During the exhibition period the following changes have been proposed to the draft 2022-23 Fees and Charges:

 

·    Following a review the treatment of GST on fifteen (15) fees and charges has been updated. This is to ensure the Council achieves compliance with the Australian Taxation Office’s (ATO) A New Tax System (Goods and Services Tax) Act 1999.

·    The Office of Local Government Circular 22-16 released ‘Increases to companion animal fees for 2022/23’, resulting to change in Council’s Animal Registration Fees.

 

Attachment 2 provides a list of these proposed changes

 

The Making of Rates and Charges for 2022-23

Council is required to endorse the Making of the Rates and Charges for 2022-23 under Section 535 of the Local Government Act before rates can be levied.

Rating Increase - IPART Rate Peg

The rate peg is announced by December each year for the following financial year and Councils can adopt the rate peg or apply to IPART for a higher increase under a Special Rate Variation (SRV).

IPART announced the 2022-23 rate peg as 1.4% for Penrith City Council on 14 December 2021. This was made up of the standard rate peg for all Councils of 0.7% plus a population factor for Penrith City Council of 0.7%.

Although applications for Special Rate Variations (SRV’s) are normally required to be made by February, the Office of Local Government and IPART announced in March that they would accept additional applications for ASV’s for up to a 2.5% increase only under a condensed application process, mainly due to an abnormally low rate peg and complications due to the delay to council elections due to Covid-19.

The requirements for an application under the condensed ASV process were:

• Councils would need to demonstrate the need for an ASV to meet the obligations that was set for 2022-23 in the 2021-22 IP&R documentation, including that the long term forecast for 2022-23 prepared in 2020-21 had a 2.5% rate increase forecast.

• Council would need to formally endorse an application to apply.

• The application must be made by 29 April 2022.

• If a permanent special variation is required Council would also need to demonstrate the financial need for the special variation to be included in their rate base on an ongoing basis.

Council submitted an application for a 2.5% ASV on Friday 22 April 2022. More than 80 other councils also submitted an application for the special variation as well. On 20 June 2022 Council was informed that the application for the 2.5% ASV to remain permanently in the rates base was approved by IPART and therefore the rates increase for 2022-23 will be 2.5%.

This rate increase applies to the total amount of rates that Council can collect above 2021-22 rates, however the % rate increases for individual property owners will be different (higher, the same or lower) to this increase due to a changing rates structure (see “Council Rates for 2022-23” below).

Council Rates for 2022-23

In 2021-22 Council commenced the introduction of a phased in discounted Residential rate for rural properties with a planned gradual reduction in rural areas over four years, with an eventual discount of 30% by the fourth year.

The discounted rural rate will be funded by increases to other property owners who will pay an approximate 4% increase including the rate peg each year commencing for four years, excluding property owners on the minimum rate who will only pay the rate peg increase.

In 2021-22 rural property owners received a discount of approximately 4.5% and in 2022-23 the approximate discount will be an additional 2.5% discount.

Rates Income

Ordinary Rates

Each year Council must determine a Rating Policy for the next financial year. The Local Government Act 1993 provides for a number of rating structures so that councils have the flexibility to develop a structure that best provides equity for their Local Government Area.

Council currently applies a rate structure in which rate assessments are based on property valuations (Ad Valorem) with a Minimum Amount. This means that rates are predominantly based on the land value of the property as determined by the NSW Valuer-General with property owners below a certain land value threshold paying a minimum amount.

Council currently charges rates on three types of Land Categories with two Business and two Residential sub-categories:

a. Residential – General, with the following sub-categories:

i. Residential – Rural Area

ii. Residential – Rural 2 to 40 Hectares with dwelling

b. Farmland

c. Business – General, with the following sub-categories:

i. Penrith CBD

ii. St Mary’s Town Centre

 

 

 

Pension Rebates

Council provides eligible pensioners a pensioner subsidy. Council’s policy provides for a 50% rebate of rates and domestic waste charges to a maximum of $250. In addition, pensioners are given an additional rebate equivalent to the Stormwater Management Service Charge (applies to urban properties only).

 

Rates Revenue for 2022-23

Council currently has 77,958 rateable properties contributing approximately 39% of Council’s total revenue. It is expected that both the Penrith CBD Corporation and the St Marys Town Centre Corporation will request a continuation of Business Sub-category rates to fund their respective activities. A total of $489,743 will be raised from Penrith CBD rates and $372,750 will be raised from St Marys Town Centre rates.

 

Council provides eligible pensioners a pensioner subsidy. Council’s policy provides for a 50% rebate of rates and domestic waste charges to a maximum of $250. In addition, pensioners are given an additional rebate equivalent to the Stormwater Management Service Charge (applies to urban properties only).

 

The 2022-23 Budget includes initial estimates for rates income with a net increase of $8.6m for Rates Income over the original estimate for 2021-22 included. This includes the 2.5% rate increase announced for 2022-23. Also factored into estimates is a prediction for growth of both Residential and Non-Residential rates.

 

2022-23 RATES LEVY INCOME

2022-23 RATES LEVY INCOME 2.5% Special Variation

 

 

RATE CATEGORY

 

AD VALOREM RATE $

MINIMUM

RATE

2022-23

$

MINIMUM

RATE

INCREASE

$

TOTAL ANTICIPATED

GROSS REVENUE

$’000

 

 

NUMBER OF PROPERTIES

Residential

0.00350126

1,184.50

28.85

91,893

69,188

Residential Rural Area

0.00301519

1,184.50

28.85

19,502

4,719

Residential – Rural 2 to 40 Hectares with dwelling

0.00301519

1,184.50

28.85

766

200

Farmland

0.00175063

1,184.50

28.85

3,370

317

Business

0.00566547

1,444.00

35.20

26,163

2,903

Business - Penrith CBD Rate

0.00794016

1,444.00

35.20

3,422

403

Business - St Marys Town Centre Rate

0.00852795

1,444.00

35.20

1,047

228

TOTAL RATING INCOME

$146,163*

77,958

 

*N.B. The revenues identified in this section represent the gross anticipated revenues from the Rates Levy on 1 July 2022 prior to the application of Pensioner Subsidies, part year growth, Provision for Doubtful debts, and other subsidies and abandonments.

 

 

Stormwater Charges

The Stormwater Management Service charge proposed to be applied on all urban residential and urban business land is outlined below. This is in accordance with Council’s Policy outlined in the 2022-23 Operational Plan and Fees & Charges (except land which is exempt from the Stormwater Management Services charge as outlined in Section 496A of the Local Government Act 1993).

 

For the 2022-23 year, the Stormwater Management Service charges will remain unchanged from 2021-22:

 

·    Residential non-strata properties

$25 per annum

·    Residential strata properties

$12.50 per annum

·    Urban business properties

$22.80 plus an additional $22.80 for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres.

 

Domestic Waste Charges

Domestic Waste Service charges are proposed to be applied to each parcel of rateable land and each occupancy for which the service is available, including vacant land, in accordance with Section 496 of the Local Government Act 1993. The charges will be at the amounts specified in the 2022-23 Operational Plan and 2022-23 Fees & Charges.

 

Effluent Charges

It is proposed that the annual charges for effluent removal services are applied to each residential occupancy with a single or shared pump out septic tank system at the rates specified in the 2022-23 Operational Plan and 2022-23 Fees & Charges.

 

Interest on Overdue Rates and Charges

For the purpose of calculating the interest on overdue rates and charges in accordance with Section 566(3) of the Local Government Act 1993, it is proposed that an interest charge of 6.0% per annum apply as permitted by the Minister for Local Government be used for 2022-23.

 

Pension Rebate

Council will provide a mandatory pension rebate to a maximum of $250 for eligible pensioners in accordance with Section 515 of the Local Government Act 1993. In addition to the mandatory pensioner rebate, it is proposed that Council will continue a voluntary rebate under Section 582 of the Local Government Act 1993. The voluntary rebate will be equivalent to the annual stormwater charge applicable to the property. Properties that do not receive a Stormwater Management Service Charge will not receive a voluntary rebate.  Pro-rata calculations will be applied to rebates that start or cease within the financial year according to Sections 575 and 584 of the Local Government Act 1993.

Rates Hardship

Council’s Rates team will continue to deal with everyone experiencing hardship with compassion by accepting payment arrangements and extensions for ratepayers to suit their individual circumstances

 

Financial Implications

This report and attachments include information regarding the financial position for the final 2022-23 Budget that is presented tonight for Council’s approval.

 

The financial estimates included in the exhibited revised 2022-26 Delivery Program (incorporating the 2022-23 Operational Plan) were based on information that was available at the time. During the Exhibition period, further budget adjustments have been required as a result of Council decisions and additional information that has been received.

 

The Budget preparation and setting process aims to deliver a balanced or surplus Budget that funds the service level needs of the community, with a balanced budget position now established for the final 2022-23 Budget.

 

At the Ordinary Meeting on 30 May 2022, Council adopted the March 2022 Quarterly Review which included revotes totalling $31.3m for capital works and operating projects which have now also been incorporated into the 2022-23 Budget.

Council’s 10-year Long Term Financial Plan (LTFP) has been updated as part of the development of the Annual Budget and is included in the final 2022-23 Operational Plan. The aim of the LTFP is to ensure that Council identifies financial issues at an early stage and reviews their effect on future activities.  The LTFP must also be reviewed in detail as part of the four-yearly review of the Community Strategic Plan. Further details on Council’s LTFP may be found in the Resourcing Strategy (separate Enclosure 4).

Risk Implications

All councils in NSW use the IP&R framework to guide their planning and reporting activities. The requirements for IP&R are set out in the Local Government Act 1993 (the Act) and the Local Government (General) Regulation 2021 (the Regulation). The Integrated Planning and Reporting Guidelines explain what councils must do to ensure they comply with their planning and reporting requirements set out in the Act. The Guidelines are issued under sections 402-406 of the Act and cover the Community Strategic Plan, Resourcing Strategy, Delivery Program, Operational Plan, and Community Engagement Strategy.

 

In developing the Annual Budget, Council is required to comply with two important pieces of legislation - the Local Government Act 1993 and the Local Government (General) Regulation 2021. Councils must also refer to the Integrated Planning and Reporting Guidelines for Local Government in NSW which outlines the statutory planning and reporting requirements that councils must meet.

The following are the requirements relating to the draft Operational Plan:

·    A Council must have a plan (its "Operational Plan") that is adopted before the beginning of each year and details the activities to be engaged in by the Council during the year as part of the Delivery Program covering that year.

·    An Operational Plan must include a statement of the Councils Revenue Policy for the year covered by the Operational Plan. The Statement of Revenue Policy must include the Statements and particulars required by the regulations.

·    A Council must prepare a draft Operational Plan and give public notice of the draft indicating that submissions may be made to the Council at any time during the period (not less than 28 days) that the draft is to be on public exhibition. The Council must publicly exhibit the draft Operational Plan in accordance with the notice. Under legislation the draft Community Strategic Plan, Delivery Program, and LTFP must also be placed on public exhibition for a period of at least 28 days and community comment.

·    In deciding on the final Operational Plan to be adopted, a Council must consider any submissions that have been made concerning the draft plan.

·    Council must post a copy of its Operational Plan on the Councils website within 28 days after the Plan is adopted.

 

The Long Term Financial Plan is reviewed and updated as part of the Annual Budget process to ensure that forward projections reflect the most current assumptions. Long term forecasting minimises financial risk by supporting financial sustainability, transparency, and accountability.

 

Conclusion

This report seeks Council’s adoption of the final The Community Strategic Plan – Penrith 2036+, 2022-32 Resourcing Strategy, 2022-26 Delivery Program, 2022-23 Operational Plan and the 2022-23 Fees and Charges, with proposed changes outlined in this report and the associated attachments, following Council’s consideration of the submissions and the budget variations proposed for 2022-23. 

 

Once Council adopts The Community Strategic Plan – Penrith 2036+, 2022-32 Resourcing Strategy, 2022-26 Delivery Program, 2022-23 Operational Plan and the 2022-23 Fees and Charges, the adopted documents will be available on Council’s website within 28 days as outlined in the Local Government Act 1993 section 405(6).

 

These documents provide a clear commitment to a shared vision for our City’s future and provide a solid foundation that will be built upon in subsequent reviews.

 

This report also recommends that that Council make the Rates and Charges for 2022-23 as required under Section 535 of the Local Government Act 1993, as detailed in this report. Additionally, that Council agree to underwrite the operations of Penrith Whitewater Stadium Limited and Penrith Performing and Visual Arts Ltd until the presentation of the respective Annual Reports for 2022-23.

 

RECOMMENDATION

That:

1.     The information contained in the report on Adoption of Community Strategic Plan - Penrith 2036,+ 2022-32 Resourcing Strategy, Delivery Program 2022-26 and 2022-23 Operational Plan be received.

2.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2021, Council adopt the Penrith 2036+ Community Strategic Plan, 2022 Resource Strategy, 2022-26 Delivery Program, 2022-23 Operational Plan (Including 2022-23 Fees & Charges), including proposed changes outlined in this report, and any amendments made at tonight’s meeting

3.     Council agree to underwrite the operations of Penrith Whitewater Stadium Limited and Penrith Performing and Visual Arts Ltd until the presentation of the respective Annual Reports for 2022-23.

4.     Council adopt the following to make the Rates and Charges for 2022-23:

a.    Ordinary Rate: Council make its Residential, Business and Farmland rates for 2022-23 in accordance with Section 535 of the Local Government Act 1993 such rate to be as follows:

Category

Minimum Amount

Ad Valorem

Residential

$1,184.50

0.00350126

Residential – Rural Area

(A Residential sub-category to apply to any property categorised as Residential, and located within the suburbs of Agnes Banks, Badgerys Creek, Berkshire Park, Castlereagh, Kemps Creek, Llandilo, Londonderry, Luddenham, Mount Vernon, Mulgoa, Orchard Hills, Wallacia

$1,184.50

0.00301519

Residential – Rural Residential 2 to 40 Hectares

(A Residential sub-category to apply to any property categorised as Residential, between 2 and 40 hectares in size, contains a dwelling and is zoned for non-urban purposes)

$1,184.50

0.00301519

Farmland

$1,184.50

0.00175063

Business

$1,444.00

0.00566547

Business – Penrith CBD

$1,444.00

0.00794016

Business – St Marys Town Centre

$1,444.00

0.00852795

b.    Stormwater Charges: Council make its Stormwater Management Service charge to be applied on all urban residential and urban business land as outlined in the report.

c.    Domestic Waste Charges: Council make its Domestic Waste Service charge in accordance with Section 496 of the Local Government Act 1993 and the 2022-23 Operational Plan and 2022-23 Fees & Charges.

d.    Effluent Charges: Council make its annual charge for effluent removal services as outlined in the report and the 2022-23 Operational Plan and 2022-23 Fees & Charges.

 

 

ATTACHMENTS/APPENDICES

1.

Changes on Exhibition - 2022-23 Budget

3 Pages

Attachments Included

2.

Changes on Exhibition - 2022-23 Fees & Charges

6 Pages

Attachments Included

  


Ordinary Meeting                                                                                                   27 June 2022

 

 

 

10

Model Code of Meeting Practice   

 

Compiled by:               Avanthi Fernando, Governance Officer

Adam Beggs, Governance Coordinator

Authorised by:            Glenn McCarthy, Governance Manager

Stephen Britten, Chief Governance Officer  

 

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 must adopt a revised Model Code of Meeting Practice by December this year, 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 have been exhibited as required.

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.

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. This period of exhibition has now concluded with no feedback being received.

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.

Feedback and Review

Public Participation

At the Policy Review Committee meeting on 9 May 2022, feedback was provided from some Councillors requesting staff further investigate opportunities for public involvement in meetings and opportunities that could be explored that would be consistent with the Code. This process is ongoing and will be subject to a further discussion with Council. As outlined at the Policy Review meeting the Code of Meeting Practice can be reviewed at any time, however due to temporary changes allowing remote attendance at meetings ending on 30 June, it is important to have the Code initially reviewed and updated by this date.

Webcasting

Council’s current Code requires Council to audio record it’s meeting and upload later. However, during the Covid-19 Pandemic, Council adjusted its position to provide a live audio broadcast of its meeting. This practice has continued until this point, however with restrictions now eased, it is apparent that the practice of live broadcasting is inconsistent with the current Code.

Live broadcasting has occurred seamlessly and has provided increased access to the community. Over the last 6 months, the average live unique views that the webcast has had, has been 39, with a peak of 63. In terms of people listening to the recording later this has averaged 56 people with a peak of 108.

Council may wish to consider whether to continue with an audio recording that is uploaded after the meeting, consistent with the current clause in our Code, or resolve to change the way we deliver our webcast to live audio broadcast. Section 362 of the Act allows amendment of the draft Code and, where the amendment is not substantial, the amendment can be made without further public exhibition. It is recommended that Council amend the Code to provide for live audio broadcast of its public meetings.

Financial Implications

 

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

Risk Implications

There are no specific 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 2005. All Councils are required to adopt a Meeting Code of Practice, that is as least as onerous as the mandatory provisions set down by the OLG.

 

The Code of Conduct Meeting Practice attached to this report contains all mandatory provisions required by the Model Code of Meeting Practice, in addition to several non-mandatory provisions that have been suggested as best practice. The Council’s Code of Meeting Practice also maintains several provisions that have served and continue to serve council well in the running of effective and transparent council meetings.

 

RECOMMENDATION

That:

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

2.     The Code of Meeting Practice attached to this report be adopted as the Council’s Code of Meeting Practice with Clause 5.2 being amended to provide for live audio broadcast

3.     The General Manager being authorised to make minor administrative amendments to the Code of Meeting Practice.

 

 

ATTACHMENTS/APPENDICES

1.

LG 017 Code of Meeting Practice - 2021

40 Pages

Attachments Included

  


Ordinary Meeting                                                                                                   27 June 2022

 

 

 

11

Council Property - Lease Agreement - Joan Sutherland Performing Arts Centre - 597- 599 High Street Penrith    

 

Compiled by:               Rebecca Marshall, Project Officer

Authorised by:            Nathan Ritchie, Property Development 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

Realise the potential of land and property assets by focusing on operational and commercial sustainability of Council’s Property Portfolio

      

 

Executive Summary

The purpose of this report is to seek Council’s approval to grant a new lease over The Joan Sutherland Performing Arts Centre (the Joan) at 597-599 High Street Penrith to Penrith Performing and Visual Arts Limited (PPVA) in accordance with the terms and conditions listed in this report.

The proposed lease is to enable the PPVA to secure an operator for new Café facility being delivered by Penrith City Council.

Background

On 9 September 2015 Council and PPVA entered into an Occupation Agreement in relation to both the Joan and the Penrith Regional Gallery and Lewers Bequest “PRG&LB”.  The term of that agreement was five years and expired on 9 September 2020. The continued occupation of both the Joan and PRG&LB has been under a holdover clause in the Occupation Agreement.   

 

PPVA’s future occupation of the Joan will be under a new lease the details of which are outlined below. The PPVA’s continued occupation of the PRG&LB will remain under the holdover clause in the 2015 Occupation Agreement.

 

Lease Agreements  

To procure a reputable operator security of tenure needs to be provided via a registered sublease. The sub lease between the café operator and PPVA will fall under the Retail Leases Act (Act). A café/restaurant is a business prescribed as a retail business under the Act.  

Current Situation

The legal arrangements are to be as follows: 

 

·    Council enters into a headlease with PPVA.

·    Council will separately enter into an Operations Agreement with PPVA setting out the requirements for PPVA to manage and operate The Joan which will be reported to the PPVA Board. 

·    PPVA will enter into an Agreement to Sublease and a Sublease with the café operator which will include PPVA providing the Café operator with a Landlord and Tenant Disclosure Statement which is a requirement under the Retail Leases Act 1994 NSW (Act).  

·    The Sublease will contain the plans of the Premises and Licensed Areas.   

·    Council, PPVA and the café operator will enter into the Deed of Consent to Sublease, whereby Council consents to the subletting on certain terms and conditions.

·    The PPVA were involved in the selection of the Café Operator and will manage the tenancy arrangement once all documentation has been finalised.  

 

The terms of all agreements will be drafted to the satisfaction of all parties and the Joan is able to obtain independent legal advice prior to execution.  

 

This report recommends that Council approve a new lease consistent with terms and conditions as set out below:

 

Premises

The Joan Sutherland Performing Arts Centre - 597- 599 High Street Penrith

Title Reference

Lot 1033 DP 849297

Lessee

Penrith Performing and Visual Arts Limited

Lease Term

Five (5) years

Option Period

Five (5) years

Commencement Date

15 July 2022

Commencement Date of Rent

15 July 2022

Lease Termination Date

14 July 2027

Total Rental (inc. GST)

$1 (excl GST)

Outgoings

Payable by the Lessee

Bank Guarantee

No bank guarantee will be required

Lessee Responsibilities:

§ Lessee to clean and maintain internal tenancy

§ Payment of telephone, power, gas, communication facilities and removal of waste and rubbish from premises

§ Insurance

§ Lessee to pay lease registration costs

§ Lessee to pay their own legal costs and disbursements of and incidental to the negotiation, preparation, settlement and execution of the lease and any licences and agreements or deeds

Lessor Responsibilities:

§ Lessor responsible for external cleaning

§ Lessor responsible for building repairs and maintenance

§ Registration of lease document

 

Financial Implications

This report seeks Council’s approval to grant a new lease over The Joan Sutherland Performing Arts Centre (the Joan) at 597-599 High Street Penrith to Penrith Performing and Visual Arts Limited (PPVA) for a “peppercorn” rent of $1 due to Council.  As per the terms of the agreement in the report Council will be responsible for all costs associated with external cleaning, building repairs and maintenance which are currently accommodated within Council’s annual budget.

Risk Implications

There are no risks that have been identified that would result from the matter being considered as contained in this report.

 

RECOMMENDATION

That:

1.     The information contained in the report on Council Property - Lease Agreement - Joan Sutherland Performing Arts Centre - 597- 599 High Street Penrith be received

2.     Council approve the proposed new lease as per the terms and conditions listed in this report

3.     The Common Seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   27 June 2022

 

 

 

12

Plan of delimitation over Council's land located at 6 Cox Avenue Kingswood (Part of lot 1 DP 198211)   

 

Compiled by:               Joshua Romeo, Development Manager

Authorised by:            Nathan Ritchie, Property Development 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

Realise the potential of land and property assets by focusing on operational and commercial sustainability of Council’s Property Portfolio

      

 

Executive Summary

The purpose of this report is to seek Council’s approval to register a plan of delimitation over Council’s land located at 6 Cox Ave, Kingswood (part of Lot 1 DP198211) known as Kingswood Commuter Carpark.

Background

The Council endorsed project adjoining the northern side of Kingswood train station seeks to redevelop the Council owned operational land (3,244m2) from an at grade car park to a modern multistorey commuter car park. The project also contains ancillary ground floor commercial opportunities to ensure active and attractive frontages.

The project is funded as a part of the Commonwealth Government’s Urban Congestion Fund and proposes to reduce congestion in urban areas. The project seeks to deliver:

·    Approximately 410 commuter parking spaces

·    Approximately 350 sqm of cold shell commercial (subject to future DA approval)

·    Incorporation of sustainability measures that will help achieve Council’s Cooling the City Strategy

Current Situation

The property is known as 6 Cox Avenue Kingswood, Lot 1 in DP 198211. The site is 3,244m2 and fronts two roads: being Cox Avenue to the North and Richmond Road to the East.

To facilitate the Kingswood Carpark Upgrade project, survey works were completed to identify and define the property boundary as part of the Development Phase of the project.

The land on the southern boundary of the Kingswood Commuter Carpark known as Lot 5, DP 1187060 is owned by Transport for NSW. In accordance with the Register General Guidelines, a review of the proposed boundary definition was submitted to Transport for NSW and written consent of the proposed boundary definition provided on 26 April 2022.

During the survey works a ‘Sliver of Land’ was identified on the Western Boundary.


 

The NSW Land Registry Services Info Sheet outlines Slivers of Land as:

“Slivers are small strips of land that are sometimes created when an Old System or Limited Torrens Title parcel is surveyed for conversion to full Torrens Title. They arise through the process of adverse possession, where the right to claim title to part of an Old System or Limited Torrens parcel may have been acquired by an adjoining owner through the continued occupation and use of that land for a period of 12 years or more.”

The Sliver of Land totals 10.7m2 and is referenced as Lot 2 on the survey plans. It is noted that ‘Lot 2’ has been created for identification purposes only and that this parcel of land is not a current lot for the purposes of s.7A of the Conveyancing Act.

It is acknowledged that any intent to formally claim land shown in a Sliver of Land is to be undertaken through NSW Land and Registry Services and will require a separate future report seeking Council’s endorsement should a claim for Lot 2 be sought.

Financial Implications

All costs associated with the registration of the delimitation plan with NSW Land Registry Services to facilitate the boundary definition of the land are able to be covered from within the Kingswood Commuter Carpark Project budget.

Risk Implications

The risk implications for this project have been considered and there are no risks that have been identified that would result from the matter being considered as contained in this report.

Conclusion

It is recommended that Council support the registration of the delimitation plan with NSW Land Registry Services to facilitate the boundary definition of the land as part of the Kingswood Commuter Carpark Upgrade Project.

 

RECOMMENDATION

That:

1.     The information contained in the report on Plan of delimitation over Council's land located at 6 Cox Avenue Kingswood (Part of lot 1 DP 198211) be received.

2.     Council undertake and register the delimitation plan with NSW Land Registry Services to facilitate the boundary definition of the land as part of the Kingswood Commuter Carpark Upgrade Project.

3.     The Common Seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or their delegate) be authorised to sign legal documents in relation to this matter.

 

 

ATTACHMENTS/APPENDICES

1.

Plan of delimitation

1 Page

Appendix

2.

Aerial and Satellite Location

2 Pages

Appendix

  


Ordinary Meeting                                                                                                                27 June 2022

Appendix 1 - Plan of delimitation

 

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Ordinary Meeting                                                                                                                27 June 2022

Appendix 2 - Aerial and Satellite Location

 

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Ordinary Meeting                                                                                                   27 June 2022

 

 

 

13

Proposed easement over Council's land located at Lot 349 and Lot 350 DP14333, 5A Stafford Street Kingswood   

 

Compiled by:               Tara Braithwaite, Development Manager

Authorised by:            Nathan Ritchie, Property Development 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 property services and manage community and commercial requests for the use of Council owned or controlled land

      

 

Executive Summary

The objective of this report is to seek Council’s approval for the creation of an easement for the purposes of stormwater drainage, on Council owned land located at Lot 349 and Lot 350 DP14333, 5A Stafford Street Kingswood. The easement will benefit Lot 347 DP14333, 43 Bringelly Road Kingswood. The proposed easement is a requirement of the Notice of Determination for the proposed townhouse development associated with DA18/0486.

Background

Council has been approached by Traztar Pty Ltd T/A T Grabara & Associates on behalf of their client, FMC Residential Pty Ltd with a request for a two (2) metre wide easement to discharge stormwater from the private property located at Lot 347 DP14333, 43 Bringelly Road Kingswood to Council’s existing receiving drainage system located within Lot 350 DP14333, 5A Stafford Street Kingswood.

The site is an irregular shaped parcel of land situated on the northern extremity of Stafford Street with secondary frontage to Derby Street. The site is 6,997 square meters in total with two of the seven lots to be encumbered, with the proposed easement burdening 42 square metres. The land is classified as community land, zoned RE1 Public Recreation and is burdened by two existing drainage easements, benefiting two neighbouring private properties.

The proposed easement is consistent with the Notice of Determination for Development Application DA18/0486 for the construction of seven (7) x two (2) storey townhouses over 43 Bringelly Road Kingswood. Penrith Council determined to grant a deferred commencement consent to DA18/0486 until written consent is obtained from Council for the creation of the drainage easement over Lot 349 and Lot 350 DP14333.

Current Situation

Council’s land to be affected by the proposed easement is located at 5A Stafford Street Kingswood. The land is currently used as public open space and is classified as community land. The subject easement proposes to burden a small section of a Council’s land, two (2) metres wide, across Lot 349 and Lot 350, to gain under surface access to the existing stormwater drainage pit. The easement will benefit Lot 347 DP14333, 43 Bringelly Road Kingswood.

 

Company

Director

FMC Residential Pty Ltd

ABN 78 088 687 987

Franceso Catanea

Traztar Pty Ltd T/A T Grabara & Associates

ABN 88 002 207 356

Thierry Marcel Stephan Grabara

Table 1: Applicant Details

The granting of an easement to drain water through community land is permitted by section 46(1)(a1) of the Local Government Act 1993, on the condition that the associated infrastructure is located under the surface of the ground.

The Local Government Act requires the granting of easements in respect to community land, to be in accordance with the Plan of Management (POM). The subject land is categorised as park and therefore the relevant Park POM must be considered as part of the assessment of the easement suitability. The 1996 Park POM has been superseded and therefore the draft POM to be adopted in the coming months has been considered as part of this application.

The Draft POM for Parks March 2022, states that easements can be granted if they fall within a category identified in s46(1) of the Local Government Act 1993. On this occasion, the easement is consistent with s46(1)(a1) as described above and is therefore considered consistent with the POM.

In accordance with section 47 of the Local Government Act 1993 Council;

·    Provided public notice of this proposal in the local newspaper

·    Exhibited a notice on the land to which this proposal relates to

·    Gave notice of the proposal to owners or occupiers of the land adjoining the community land or within close vicinity to the land that may be directly affected by the proposal.

During the 28 day public notification period, Council did not receive any submissions in regards to the proposed easement.

Financial Considerations

An intendant market valuation was obtained by Colliers on 28 May 2022 to assess the appropriate compensation payable for the proposed encumbrance on Council’s land.

 

The valuer used a before and after method to determine the compensation value. This involves determining the unencumbered land value using a direct comparison approach on a rate per square metre. The valuer then determines the diminution in value by considering the impact on the land and in particular, any restrictions and/or limitations the easement pose on the current or future of the site. The valuer deducts the diminution in value resulting from the site encumbrances from the before value to determine the compensation value.

 

The valuation report established a compensation value of $14,000 and therefore should the proposed easement proceed, this would be payable by the applicant to Council to compensate for the encumbrance on Council land.

 

The applicant has advised of there in-principle support to the proposed compensation payable subject to Council subject to Council resolution.

Financial Implications

The report seeks Council’s approval for the creation of an easement for the purposes of stormwater drainage, on Council owned land located at Lot 349 and Lot 350 DP14333, 5A Stafford Street Kingswood to benefit Lot 347 DP14333, 43 Bringelly Road Kingswood. Independent valuation has established a compensation value of $14,000 which would be payable by the applicant to Council to compensate for the encumbrance on Council land should this proposal proceed. These funds would be placed in the Property Development Reserve to fund future investment in revenue generating acquisitions or development opportunities.

Risk Implications

The risk implications for this project have been considered and there are no risks that have been identified that would result from the matter being considered as contained in this report.

Conclusion

The proposed easement is consistent with the requirements of the Local Government Act 1993 and the offer of compensation for burdening Council’s land is considered fair market value.

It is recommended that Council support the applicants request to grant the proposed easement over Lot 349 and Lot 350, 5A Stafford Street Kingswood to benefit Lot 347 DP14333, 43 Bringelly Road Kingswood, for drainage purposes.

 

RECOMMENDATION

That:

1.     The information contained in the report on Proposed easement over Council's land located at Lot 349 and Lot 350 DP14333, 5A Stafford Street Kingswood be received

2.     Council support the creation of an easement over Lot 349 and Lot 350 DP14333, on the terms and conditions detailed within this report.

3.     The compensation received be allocated to the Property Reserve for future development opportunities.

4.     The Common Seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or his delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

ATTACHMENTS/APPENDICES

1.

Site Location Plan

1 Page

Appendix

2.

Easement Plan

1 Page

Appendix

  


Ordinary Meeting                                                                                                                27 June 2022

Appendix 1 - Site Location Plan

 

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Ordinary Meeting                                                                                                                27 June 2022

Appendix 2 - Easement Plan

 

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Ordinary Meeting                                                                                                   27 June 2022

 

 

 

14

WestInvest Program   

 

Compiled by:               Glenn McCarthy, Governance Manager

Authorised by:            Warwick Winn, General Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

Manage Council’s assets to minimise risk, reflect lifecycle costs and meet community needs

 

Previous Items:           WestInvest Program - Ordinary Meeting - 02 May 2022    

 

Executive Summary

The purpose of this report is to update Councillors on the preparation of applications for funding under the NSW Government’s WestInvest program by Council staff and community organisations.

 

As previously reported, WestInvest will see up to $400 million allocated as a Direct Allocation Round across 15 local government areas: Blacktown, Blue Mountains, Burwood, Camden, Campbelltown, Canterbury-Bankstown, City of Parramatta, Cumberland, Fairfield, Hawkesbury, Liverpool, Penrith, Strathfield, the Hills and Wollondilly.

 

A further $1.6 billion will be allocated through a Community Contested Round open to non-government organisations, including community groups, not-for-profits, Local Aboriginal Land Councils and local councils.

 

Councillors were briefed by staff on the proposed projects on 1 June 2022 to assist councillors in establishing which projects to support.

Background

The WestInvest Guidelines originally required applications for all projects to be submitted by 27 June 2022 which was a tight timeframe considering the detailed supporting information required. Although Council staff were on track to meet the deadline, advice was received from the Department of Premier and Cabinet (DPC) on Monday 20 June 2022 that the closing date had been extended by four weeks to 25 July 2022.

 

The WestInvest timeline to date and upcoming is as follows:

 

Date

Details

20 September 2021

WestInvest program announced by media release. No details provided

24 February 2022

Draft Guidelines released to Council

31 March 2022

WestInvest Final Guidelines released with significant changes to the draft. Registrations of Interest for Community Contested Component opened

21 April 2022

Registrations of Interest for Community Contested Component closed

2 May 2022

Applications open

25 July 2022

Applications close

Current Situation

At the Ordinary Meeting held on 2 May 2022, Council resolved:

That:

1.       The information contained in the report on WestInvest Program be received

 

2.       Applications for funding under the Council Direct Component of the program be prepared and submitted for:

 

a.       Gipps Street Recreation Reserve and

b.       St Marys City Park and Entertainment Canopy

3.       Council note that Registrations of Interest for funding under the Community Contested Component have been submitted for the projects listed in the Appendix to this report.

 

Council Direct Round Projects

Applications will soon be submitted for Council’s Direct Round Projects

•        Gipps Street Recreation Reserve

•        St Marys City Park and Entertainment Canopy

While these applications are being assessed, Councillors will be engaged in the planning of the St Marys City Park and Entertainment Canopy. Feedback will also be sought from the St Marys Town Centre Corporation, businesses and other stakeholders in relation to the new civic space. It is anticipated that consultation will commence at the time the funding deed is signed and will inform the design, function and activation of the space within a revitalised central heart for the St Marys CBD.

Community Contested Round Projects

Council Projects

At the Councillor Briefing held on 1 June 2022, advice was provided that the preparation of applications for all of the projects submitted by Council and assessed as eligible in the Registrations of Interest process were progressing. However, the proposed purchase of Wallacia Golf Course was not able to proceed as the current owner had indicated an unwillingness to sell, and the proposed entertainment centre would likely exceed the entire notional allocation to Penrith LGA under the contested round. As discussed at the briefing, these applications have not progressed.

 

The full list of Council’s applications in the Contested Round is appended to this report.

 

Community Projects

The Department of Premier and Cabinet (DPC) has advised that 62 ROIs from community organisations have been assessed as eligible under the WestInvest program criteria. We have had some contact with community organisations and sporting groups particularly in instances where the proposed project is on land that is owned or managed by Council.

 

The WestInvest program requires the applicant to complete a landowner consent form where the applicant does not own the land where the project will be located.

 

Of the 62 eligible projects, we are aware of 17 projects that are proposed on Council owned land.

 

Council’s Community Facilities and Recreation team have been proactive in working with sporting groups resulting in the following three organisations agreeing to support Council’s applications for facilities upgrades rather than pursuing their own.

 

•        Nepean Football Association – Jamison Park, South Penrith and Cook Park, St Marys

•        Penrith Emus Rugby Union – Andrews Road Reserve, Cranebrook

•        St Clair Comets Junior Rugby League – Peppertree Reserve, St Clair

 

The remaining 14 applications have been considered for support to go forward for assessment as follows:

 

Four proposed projects by community organisations are relatively low cost and are therefore a low risk to Council should the funding application be successful. They are considered to be supportable and have been provided landowner consent:

 

•        Brothers Junior Rugby League Club – seating, Hickeys Lane, Penrith

•        Colyton St Clair Baseball Club Inc – baseball lighting, Samuel Marsden Road, Orchard Hills

•        Mulgoa Valley Landcare Group – biodiversity restoration, Gow Park, Mulgoa

•        Penrith CBD Corporation – capital works in Penrith CBD

 

A further two proposed projects by community organisations may be supportable but more information is needed:

 

•        Nepean Migrant Access – St Marys Corner

•        Penrith City Archers – Troy Adams Archery Field

 

The following two applications are being considered by Council’s Property Development Manager as unsolicited proposals in accordance with Council’s policy:

 

•        The Salvation Army – St Marys (location tba)

•        Little by Little Inc. - 10 Water Street, Werrington

•        The Haven – Nepean Women’s Shelter (location tba)

 

Landowner consent cannot be granted until more information is provided by each applicant. In each case the necessary form to allow the application to go forward for assessment will be provided to the applicant on request and, if successful, landowner consent can be further considered at that time.

 

The following five applications are for indoor sports facilities and compete with one of Council’s own projects:

 

•        PCYC Penrith

•        Skate NSW

•        Penrith District Netball Association

•        Squash NSW

•        Penrith Valley Regional Sports Centre

 

 

PCYC Penrith, Skate NSW and Squash NSW have all indicated that they will support Council’s application for a Multi-Sport Indoor Centre rather than pursuing their own.

 

Penrith Valley Regional Sports Centre (PVRSC) have advised that they are preparing three applications. One application is for a refurbishment of their existing stadium in Herbert Street, Cambridge Park and landowner consent for this project has been granted for that application. Landowner consent cannot be granted for the remaining two projects, one for a refurbishment and extension of the current stadium and the other for a new stadium but without a location identified, until more information is provided. PVRSC has been provided with the necessary form to allow the applications to go forward for assessment and, if successful, landowner consent can be further considered at that time. A similar offer has also been made to Penrith District Netball Association (PDNA) but at the time of writing, the offer had not been taken up by PDNA.

 

Financial Implications

 

WestInvest will only fund the delivery of projects, including planning, selection and implementation. Proposals that expand the scope of projects that have already been announced may also be considered. WestInvest will not provide funding for ongoing operating or maintenance costs, and further financial modelling will be required once projects are confirmed to determine the impact on Council’s Long Term Financial Plan.

Risk Implications

No strategic risks have been identified.

Conclusion

The WestInvest program is a significant funding opportunity and will enable many new, and extend existing, amenity enhancing projects. A prudent approach to the opportunity will see projects delivered to our community that are transformational and sustainable in the long term and may accelerate projects that are ear marked for progression in the next few years. Council staff from across multiple departments and professional disciplines have been preparing applications for Council’s Direct and Contested Round projects and are looking forward to a positive result for the Penrith community.

 

RECOMMENDATION

That:

1.   The information contained in the report on WestInvest Program be received

2.   The action taken by Council staff under the WestInvest Program as detailed in the report, and the list of projects listed in Appendix 1, be endorsed.

 

 

ATTACHMENTS/APPENDICES

1.

WestInvest - Contested Round Project List

2 Pages

Appendix

  


Ordinary Meeting                                                                                                                27 June 2022

Appendix 1 - WestInvest - Contested Round Project List

 

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Ordinary Meeting                                                                                                   27 June 2022

 

 

 

15

Summary of Investment & Banking for the period 1 May 2022 to 31 May 2022   

 

Compiled by:               James Legarse, Operational Project Accountant

Authorised by:            Andrew Moore, Director - Corporate Services

Neil Farquharson, Financial Services Manager  

 

Outcome

We have confidence in our Council

Strategy

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

Service Activity

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

      

 

Executive Summary

This report on the Summary of Investments & Banking for May 2022 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (the Act) (Section 625) and the Council’s Investment Policy.

 

The report certifies that the Council investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under Council Circular 11-01 on 17 February 2011.

 

The report provides a summary of investments for the period 1 May 2022 to 31 May 2022 and a reconciliation of invested funds as at 31 May 2022.

 

The investment returns versus the benchmark as a percentage for May 2022 are:

•        Council portfolio current yield (including FRNs)                                     1.24%

•        90-day Bank Bill Swap rate (Benchmark)                                                         0.99%

•        Enhanced 90-day Bank Bill Swap Rate (Benchmark - BBSW+20bps)            1.19%

•        Original Budget estimated return (2021/22 Financial Year)                             0.45%

 

The report recommends that the information contained in the report be received.

Current Situation

Attached to this report is a Summary of Investments including Economic Commentary for May 2022, Historical Investment Performance analysis tables and charts, a reconciliation of Invested Funds for May 2022 and various Investment Summary and Investment Portfolio analysis tables and charts.

The Reserve Bank of Australia has again increased the cash rate to 0.85% - 50 basis points over the 0.35% of the former cash rate. This is attributed to the higher inflation rate result for the first quarter of this year (2022) which caused a substantial disparity between the two results – i.e. cash rate and inflation rate. Consequently, Bank Bill Swap Rates (BBSW) have shown continued improvements in May 2022, resulting in higher term deposit rates being offered in the market. Inherent to the increase in term deposit rates being offered for reinvestments, the Original Budget estimated return of 0.45%, for 2021/22 Financial Year, has been favourably surpassed.

 

Financial Implications

 

Adopting the recommendations of this report confirms Council’s investment returns are performing better than the Benchmark and the Original Budget estimated return. More detailed Financial Implications are contained in the attachment to this report.

Risk Implications

The Council’s investments have been placed in accordance with Section 625 of the Local Government Act 1993, relevant regulations, and the Council’s adopted Investment Policy. The Council’s Investment Policy has objectives to preserve capital, ensure liquidity of funds to meet cash flow requirements and achieve an acceptable rate of return having reference to the Council’s risk tolerance.

Conclusion

This report confirms that the Council’s investments have been placed in accordance with relevant legislation/regulations, the Council’s Investment Policy and highlights the Council’s investment performance for May 2022. Additionally, the report assures the Council that Council’s Cash Book and Bank Statements have been reconciled.

Certificate of Responsible Accounting Officer

I hereby certify the following:

1.  All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations, and Council’s Investment Policy.

2.  The Council’s Cash Book and Bank Statements have been reconciled as at 31 May 2022.

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Andrew Moore

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investment & Banking for the period 1 May 2022 to 31 May 2022 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 May 2022 to 31 May 2022 be noted and accepted.

3.     The graphical Investment Analysis as at 31 May 2022 be noted.

 

 

ATTACHMENTS/APPENDICES

1.

Investment Report as at 31 May 2022

6 Pages

Appendix

  


Ordinary Meeting                                                                                                                27 June 2022

Appendix 1 - Investment Report as at 31 May 2022

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday June 27 2022

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                       1

 

2        Planning Ministerial Corporation Land Transfer to Penrith City Council for Recreational Purposes                                                                                                                            2

 

3        Unsolicited Proposal to Purchase Lang and Kokoda Park - Detailed Proposal Reassessment                                                                                                                    2

 

 

 

 


Ordinary Meeting                                                                                                   27 June 2022

A Leading City

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)          the discussion of any of the matters listed below; or

(b)          the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)          personnel matters concerning particular individuals;

(b)          the personal hardship of any resident or ratepayers;

(c)           information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)          commercial information of a confidential nature that would, if disclosed:

·         prejudice the commercial position of the person who supplied it; or

 

·         confer a commercial advantage on a competitor of the Council; or

 

·         reveal a trade secret.

 

(e)          information that would, if disclosed, prejudice the maintenance of the law;

(f)            matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)          the relevant provision of section 10A(2);

(b)          the matter that is to be discussed during the closed part of the meeting;

(c)           the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

 

·         a motion, based on the recommendation below, is moved and seconded

·         the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

·         if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

·         if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

Outcome 7

 

2        Planning Ministerial Corporation Land Transfer to Penrith City Council for Recreational Purposes 

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

3        Unsolicited Proposal to Purchase Lang and Kokoda Park - Detailed Proposal Reassessment

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

 

 

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 27 June 2022

Report Title:            Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North

Attachments:           Site Location Map

                                Draft Structure Plan Map

                                VPA Letter of Offer from Legacy Property

                                Map of unfunded infrastructure works



Ordinary Meeting                                                                                                                27 June 2022

Attachment 1 - Site Location Map

 

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Attachment 2 - Draft Structure Plan Map

 

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Attachment 3 - VPA Letter of Offer from Legacy Property

 

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Ordinary Meeting                                                                                                                27 June 2022

Attachment 4 - Map of unfunded infrastructure works

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 27 June 2022

Report Title:            Centre Corporations - 2022-23 Business Plans

Attachments:           Penrith CBD Corporation - 2022-23 Business Plan

                                Annual Plan 2022-23 St Marys Town Centre



Ordinary Meeting                                                                                                                27 June 2022

Attachment 1 - Penrith CBD Corporation - 2022-23 Business Plan

 

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Ordinary Meeting                                                                                                                27 June 2022

Attachment 2 - Annual Plan 2022-23 St Marys Town Centre

 

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ATTACHMENTS  

 

 

Date of Meeting:     Monday 27 June 2022

Report Title:            Disability Inclusion Action Plan 2022-2026 - Final document

Attachments:           Disability Inclusion Action Plan 2022-26 - Stage one and Two Outcomes Report_final

                                DIAP 2022-26 Report and Detailed Action Plan- Version 5 - Post Public Exhibition



Ordinary Meeting                                                                                                                27 June 2022

Attachment 1 - Disability Inclusion Action Plan 2022-26 - Stage one and Two Outcomes Report_final

 

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Ordinary Meeting                                                                                                                27 June 2022

Attachment 2 - DIAP 2022-26 Report and Detailed Action Plan- Version 5 - Post Public Exhibition

 

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