Agenda of Ordinary Meeting - Monday, 30 January 2023

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 12 DECEMBER 2022 AT 7:00PM

WEBCASTING STATEMENT

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

STATEMENT OF RECOGNITION

Her Worship the Mayor, Councillor Tricia Hitchen read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

PRAYER

The Council Prayer was read by Rev Christine Bayliss-Kelly.

PRESENT – IN PERSON

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

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jim Aitken OAM for Ordinary Meetings and Policy Review Committee Meetings up to and including 12 December 2022.

354 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Todd Carney that Leave of Absence be granted to Councillor Robin Cook for her non-attendance at the meeting.

APOLOGIES

355 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Todd Carney that the apologies received from Councillor Jonathan Pullen and Councillor Karen McKeown OAM be accepted.

CONFIRMATION OF MINUTES - Ordinary Meeting - 28 November 2022

356 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Rusev that the minutes of the Ordinary Meeting of 28 November 2022 be confirmed.

DECLARATIONS OF INTEREST

Her Worship the Mayor, Councillor Tricia Hitchen declared a Pecuniary Conflict of Interest – Significant in Item 4 – Orchard Hills North Planning Proposal, as she is a landowner of a property in Orchard Hills. Her Worship the Mayor, Councillor Tricia Hitchen left the meeting during the consideration of this item and did not take part in discussion or voting on the issues.

Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 6 - Voluntary Planning Agreement for 57 Henry Street, Penrith, as he is the Director of a landholder within the vicinity of the property subject to the report. Councillor Ross Fowler OAM left the meeting during the consideration of this item and did not take part in discussion or voting on the issues.

SUSPENSION OF STANDING ORDERS

357 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Todd Carney that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:04pm.

Mr Matthew Hyder

Item 4 – Orchard Hills North Planning Proposal

Mr Matthew Hyder, affected person spoke in support of the recommendation. Mr Hyder expressed his support to endorse the Planning Proposal for Orchard Hills North and the Section 7.11 Contributions Plan and Draft Development Control Plan. Mr Hyder then thanked Council staff for their positive engagement and collaborative efforts. He also stated that the planning proposal contains mechanisms that require certainty for the provision of Local and State infrastructure to support new development and also provides an appropriate framework to ensure that risks to Council are effectively mitigated. Mr Hyder then reiterated that Legacy will continue to ensure the provision of key infrastructure and collaborate with Council to achieve tangible outcomes for the community.

Mr Daniel Seraglio

Item 5 – Glenmore Park Stage 3 Planning Proposal

Mr Daniel Seraglio affected person spoke in support of the recommendation. Mr Seraglio expressed his support in relation to the Glenmore Park Stage 3 Planning Proposal on behalf of Mirvac. Mr Seraglio emphasised the significant of delivering the infrastructure and recreational items within the release area. Mr Seraglio also detailed Mirvac’s commitment to constructing community facilities on the site such as a café, a sporting field and multi-purpose rooms, as part of a Voluntary Planning Agreement with Council. He also proposed that Councillors be further briefed on this matter as the Voluntary Planning Agreement further progresses.

Mr Samih Khan

Item 5 – Glenmore Park Stage 3 Planning Proposal

A Council staff member read out Mr Khan’s application to address the Ordinary Meeting and outlined his reasons for addressing the meeting as follows.

Mr Khan’s submission as an affected landowner spoke in opposition to the recommendation. Mr Kahn expressed his opposition to the recommendation on the basis that he did not have sufficient time to review the paper and proposed that the discussion in relation to the Glenmore Park Stage 3 Planning Proposal be postponed. He also emphasised the significance and impact of the determination of the land to him and his family. Mr Khan then elaborated upon the two primary issues, consisting of Linear Park 1 and the Cumberland Plain Conservation Plan mapping. Furthermore, Mr Kahn recommended that Council not include Linear Park 1 in the land acquisition and that any C2 land is rezoned to R2/R3 respectively.

RESUMPTION OF STANDING ORDERS

358 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Todd Carney that Standing Orders be resumed, the time being 7:16pm.

Mayoral Minutes

1 Vale former NSW Police Commissioner Anthony (Tony) Lauer

359 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney that the Mayoral Minute on Vale former NSW Police Commissioner Anthony (Tony) Lauer be received.

2 Congratulations to The Blind Chef Cafe's Craig Shanahan

360 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney that the Mayoral Minute on Congratulations to The Blind Chef Cafe's Craig Shanahan be received.

3 Ripples recognised at Local Business Awards

361 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney that the Mayoral Minute on Ripples recognised at Local Business Awards be received.

4 Thankyou and farewell to Hania Radvan

362 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM that the Mayoral Minute on Thankyou and farewell to Hania Radvan be received.

Notices of Motion

1 Llandilo Road Flooding - Discussions and Access to Property

363 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Sue Day that Council actively engage with the relevant State Members to facilitate discussions with representatives from the John Morony Correctional Complex, and if required arrange access to their site to enable works to be arranged by relevant parties that will assist in mitigating the flood impacts on Llandilo Road.

Questions on Notice

1 Judd Street, Berkshire Park

Councillor Kevin Crameri OAM ASKED:

1. Was the land owner allowed to import over 200 truckloads of fill?

2. Was the land owner allowed to divert the natural flow of water 90 degrees?

3. Was the land owner allowed to fill to the fence line?

4. Does council agree that the landowner has on at least 4 occasions blocked the natural flow of water to the drainage system?

5. Does Council agree the land owner has on at least 4 occasions built dams to force water onto no 10 Judd Street?

6. Has Council done anything about the agg pipeline?

7. Has Council spoken to no. 12 Judd Street yet?

8. What was the scope of works that has to be done in relation to the property?

Note: A memo response was provided to all Councillors responding to the questions above and tabled at the meeting.

Reports of Committees

1 Report and Recommendations of the Resilience Committee Meeting held on 23 November 2022

364 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Rusev that the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 23 November, 2022 be adopted.

2 Report and Recommendations of the Local Traffic Committee Meeting held on 5 December 2022

365 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Marlene Shipley that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 December, 2022 be adopted.

DELIVERY PROGRAM REPORTS

Outcome 3 - We plan and shape our growing City

5 Glenmore Park Stage 3 Planning Proposal

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

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

That:

1. The information contained in the report on Glenmore Park Stage 3 Planning Proposal be received

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

3. All supporting technical studies supporting the Planning Proposal be updated and contemporised to reflect the final revised Planning Proposal referred to in resolution 2

4. Council endorse the draft amendment to the Penrith Development Control Plan 2014 which has been provided to Councillors as a separate enclosure and is publicly available on Council’s website

5. The General Manager be granted delegation to amend the adopted Development Control Plan with updated diagrams and images, following the completion of studies referred to in resolution 3

6. The draft amendment to the Penrith Development Control Plan 2014 referred to in resolution 4 take effect following the date when the LEP amendment sought by the Planning Proposal takes effect

7. Council endorse and amend the draft Section 7.11 Development Contributions Plan which has been provided to Councillors as a separate enclosure and is publicly available on Council’s website in accordance with the changes presented in this report

8. Council forward the draft Section 7.11 Development Contributions Plan referred to in resolution 7 to the Independent Pricing and Regulatory Tribunal with a request to conduct a formal review of the document

9. Council request the Department of Planning and Environment to include Glenmore Park Stage 3 in Schedule 2 of the Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012

10. Council submit the Planning Proposal to the Department of Planning and Environment for finalisation and gazettal with a request that the LEP amendment is made, once resolution 3 has been met.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For	Against
Councillor Tricia Hitchen	Councillor Kevin Crameri OAM
Councillor Todd Carney	Councillor Sue Day
Councillor John Thain
Councillor Marlene Shipley
Councillor Ross Fowler OAM
Councillor Glenn Gardiner
Councillor Bernard Bratusa
Councillor Mark Rusev
Councillor Mark Davies

7 Glenmore Park Stage 2 Voluntary Planning Agreement - Deed of Variation

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

367 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Glenn Gardiner

That:

1. The information contained in the report on Glenmore Park Stage 2 Voluntary Planning Agreement - Deed of Variation be received

2. Council endorse the Glenmore Park Stage 2 Voluntary Planning Agreement Deed of Variation, provided in Appendices 1 & 2.

3. Council authorise the General Manager to finalise and sign the Deed of Variation 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.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For	Against
Councillor Tricia Hitchen	Councillor Kevin Crameri OAM
Councillor Todd Carney	Councillor Sue Day
Councillor John Thain
Councillor Marlene Shipley
Councillor Ross Fowler OAM
Councillor Glenn Gardiner
Councillor Bernard Bratusa
Councillor Mark Rusev
Councillor Mark Davies

Her Worship the Mayor, Councillor Tricia Hitchen left the meeting, the time being 7:48pm.

Deputy Mayor, Councillor Todd Carney, took the Chair, the time being 7:48pm.

4 Orchard Hills North Planning Proposal

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

368 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marlene Shipley

That:

1. The information contained in the report on Orchard Hills North Planning Proposal be received.

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

3. All supporting technical studies supporting the Planning Proposal be updated and contemporised to reflect the final revised Planning Proposal referred to in resolution 2.

4. Council endorse the draft amendment to the Penrith Development Control Plan 2014 which has been provided to Councillors as a separate enclosure and is publicly available on Council’s website.

5. The draft amendment to the Penrith Development Control Plan 2014 referred to in resolution 4 take effect following the date when the LEP amendment sought by the Planning Proposal takes effect.

6. Council endorse and amend the draft Section 7.11 Development Contributions Plan (which has been provided to Councillors as a separate enclosure and is publicly available on Council’s website) in accordance with the changes presented in this report.

7. Council forward the draft Section 7.11 Contributions Plan referred to in resolution 6 to the Independent Pricing and Regulatory Tribunal (IPART) with a request to conduct a formal review of the document.

8. Council request the Department of Planning and Environment to include Orchard Hills North in Schedule 2 of the Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012.

9. Council submit the Planning Proposal to the Department of Planning and Environment for finalisation and gazettal with a request that the LEP amendment be made, with deferred commencement on 1 October 2023, and once resolution 3 has been met.

10. Council and Legacy Property finalise negotiations in respect to a local Legacy Property VPA Offer, and that this be reported to a future Council meeting for consideration.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For	Against
Councillor Todd Carney	Councillor Kevin Crameri OAM
Councillor John Thain	Councillor Sue Day
Councillor Marlene Shipley
Councillor Ross Fowler OAM
Councillor Glenn Gardiner
Councillor Bernard Bratusa
Councillor Mark Rusev
Councillor Mark Davies

Her Worship the Mayor, Councillor Tricia Hitchen returned to the meeting and took the Chair, the time being 7:49pm.

Outcome 1 - We protect and enhance an ecologically sustainable environment

1 Acceptance of Grant Funding Offer - NSW Floodplain Management Program 2022/23

369 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Glenn Gardiner

That:

1. The information contained in the report on Acceptance of Grant Funding Offer - NSW Floodplain Management Program 2022/23 be received.

2. Council accept the grant funding offers from the NSW Government for the following projects:

a. Upper Byrnes Creek Catchment Overland Flow Flood Study - $166,000;

b. Blackwall Creek Catchment Flood Study – $223,332;

c. Chapman Gardens Basin Augmentation, Kingswood – detailed investigation and detailed Design - $213,333; and

d. Byrnes Creek Catchment Flood Mitigation Work -Detention Basin and Drainage- Investigation and Detailed Design - $190,001.

3. Council write to Local Members and the Department of Planning and Environment, expressing appreciation of their continued support and funding towards Council’s Floodplain Management programs.

Outcome 2 - We are welcoming, healthy, happy and connected

17 Request For Major Event Sponsorship - Australian Taekwondo Limited

370 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Sue Day

That:

1. The information contained in the report on Request For Major Event Sponsorship - Australian Taekwondo Limited be received

2. Council endorse sponsorship funding of $5,000 (plus GST) to Australian Taekwondo Limited in support of the 2023 Taekwondo World Championship Senior Selection Event to be held on Saturday 25 and Sunday 26 February 2023 with an additional placement fee of $2,200 (plus GST) payable to Sports Marketing Australia, for a total funding amount of $7,200 (plus GST).

Outcome 3 - We plan and shape our growing City

2 National Growth Areas Alliance (NGAA) – Annual Report and Endorsement of a Councillor Representative for the Strategic Advisory Committee

371 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor John Thain

That:

1. The information contained in the report on National Growth Areas Alliance (NGAA) – Annual Report and Endorsement of a Councillor Representative for the Strategic Advisory Committee be received.

2. Council nominate Deputy Mayor, Todd Carney, for the NGAA Strategic Advisory Committee.

3 Setting of Road Levels Under Roads Act for Aldington Road and Abbotts Road, Kemps Creek

372 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev

That:

1. The information contained in the report on Setting of Road Levels Under Roads Act for Aldington Road and Abbotts Road, Kemps Creek be received.

2. Council adopt the plans tabled above as the proposed centreline levels for the redesign of Abbotts Road and Aldington Road.

3. Council undertake a public exhibition process of the proposal for a period of 28 days.

4. Council advise all adjoining property owners of the proposal and of the associated exhibition period.

5. Subject to no substantial objections, Council place a notice in the Government Gazette in accordance with the Roads Act which will fix new levels for both Aldington Road and Abbotts Road, Kemps Creek.

Councillor Ross Fowler OAM left the meeting, the time being 7:52pm.

6 Voluntary Planning Agreement for 57 Henry Street, Penrith

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

373 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Marlene Shipley

That:

1. The information contained in the report on Voluntary Planning Agreement for 57 Henry Street, Penrith be received.

2. Council endorse the Voluntary Planning Agreement for 57 Henry Street, Penrith (Attachment 1) for execution.

3. If the Voluntary Planning Agreement is to be executed, Council authorise the General Manager to finalise and sign the Voluntary Planning Agreement 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.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For	Against
Councillor Tricia Hitchen
Councillor Todd Carney
Councillor John Thain
Councillor Marlene Shipley
Councillor Glenn Gardiner
Councillor Bernard Bratusa
Councillor Mark Rusev
Councillor Mark Davies
Councillor Kevin Crameri OAM
Councillor Sue Day

Councillor Ross Fowler OAM returned to the meeting, the time being 7:53pm.

Outcome 4 - We manage and improve our built environment

8 Endorsement of the Penrith Accessible Trails Hierarchy Study (PATHS) Implementation Plan 2022 - 2032

374 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Todd Carney

That:

1. The information contained in the report on Endorsement of the Penrith Accessible Trails Hierarchy Study (PATHS) Implementation Plan 2022 - 2032 be received.

2. Council notes the outcomes of the public exhibition found in Attachment 1: Submission Response Table; and proposed changes to the plan included in Attachment 2: Proposed Changes to the Penrith Accessible Trails Hierarchy Study (PATHS) Implementation Plan 2022 – 2032.

3. Council endorse the Penrith Accessible Trails Hierarchy Study Implementation Plan 2022 – 2032 provided in the separate enclosure.

9 RFT22/23-017 Building Maintenance and Minor Construction Works

375 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Todd Carney

That:

1. The information contained in the report on RFT22/23-017 Building Maintenance and Minor Construction Works be received

2. Coverit Building Group Pty Ltd be awarded as the Primary Building Maintenance Tenderer for all reactive building maintenance up to $25,000 and all scheduled maintenance.

3. Acron Building Services Pty Limited, Chips Property Trade Services, Coverit Building Group Pty Ltd, Maincom Group, Progroup Management Pty Ltd, Rogers Construction Group PTY LTD, Sudiro Constructions Pty Ltd and Westbury Constructions Pty Ltd form the panel of approved contractors for Building Maintenance & Minor construction Works to completed reactive maintenance works from $25,000 - $250,000, building project works up to the value of $250,000 through RFQ process and building project works from $250,000 to $1,000,000 through the select tender process.

4. The General Manager be authorised to sign all necessary legal documents in relation to this matter.

10 Proposed Memorandum of Understanding with Redland City Council, Queensland

376 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Todd Carney

That:

1. The information contained in the report on Proposed Memorandum of Understanding with Redland City Council, Queensland be received.

2. The Mayor, Councillor Tricia Hitchen sign the Memorandum of Understanding with Redland City Council.

Outcome 5 - We have open and collaborative leadership

11 Mulgoa RFS Consolidation and Easements to Drain Water

377 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Sue Day

That:

1. The information contained in the report on Mulgoa RFS Consolidation and Easements to Drain Water be received

2. Council endorse the proposed lot consolidation and the creation of the associated easements as detailed within this report.

3. Upon consolidation the land be classified as community land in accordance with s.31 of the Local Government Act 1993.

4. Upon consolidation the land be categorised as a General Community Use in accordance with s.36 of the Local Government Act 1993 as outlined in this report.

5. 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.

Procedural Motion

378 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Mark Rusev that Item 12 - Natural Disaster Essential Public Asset Restoration & Local Government Recovery Grants be considered in Committee of the Whole, for discussion as the report refers to commercial information of a confidential nature that would, if disclosed reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

13 Procurement Sourcing and Contract Management Systems Module Enhancement

379 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Rusev

That:

1. The information contained in the report on Procurement Sourcing and Contract Management Systems Module Enhancement be received.

2. Council accept under section 55 3(i) of the Local Government Act 1993 (NSW) the extenuating circumstance that there is an identified urgent requirement to implement an improved Sourcing and Contract Management solution.

3. Council award the contract to VendorPanel Pty Ltd for the period up until the implementation of a new ERP.

4. The General Manager be authorised to sign all necessary legal documents in relation to this matter.

14 Audit, Risk and Improvement Committee

380 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Rusev that the information contained in the report on Audit, Risk and Improvement Committee be received.

15 Adoption of Community Engagement Policy 2022 and Community Engagement Strategy and Community Participation Plan 2022-26

381 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Rusev

That:

1. The information contained in the report on the Adoption of Community Engagement Policy 2022 and Community Engagement Strategy and Community Participation Plan 2022-26 be received

2. Council note the feedback during the public exhibition

3. Council adopt the Community Engagement Policy and the Community Engagement Strategy and Participation Plan 2022-26.

16 Summary of Investment & Banking for the period 1 November 2022 to 30 November 2022

382 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Rusev

That:

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

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

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

Committee of the Whole

383 RESOLVED on the MOTION of Councillor Mark Rusev seconded Councillor Sue Day that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 7:57pm.

1 Presence of the Public

CW1 RESOLVED on the motion of Councillor Mark Rusev seconded Councillor Sue Day that the press and public be excluded from Committee of the Whole to deal with the following matters:

Outcome 5

2 Council Property - New Lease Agreement - Operational Land - Shop 1, 225-227 Queen St, St Marys - Resourced Music Therapy Pty Ltd

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

3 Proposed Property 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.

4 Unsolicited Request to Purchase Council Owned Land at Dunheved Circuit, St Marys

5 Natural Disaster Essential Public Asset Restoration & Local Government Recovery Grants

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 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 8:27pm and the General Manager reported that the Committee of the Whole met at 7:57pm on 12 December 2022, the following being present

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 Council Property - New Lease Agreement - Operational Land - Shop 1, 225-227 Queen St, St Marys - Resourced Music Therapy Pty Ltd

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Marlene Shipley

CW2 That:

1. The information contained in the report on Council Property - New Lease Agreement - Operational Land - Shop 1, 225-227 Queen St, St Marys - Resourced Music Therapy Pty Ltd be received

2. 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

3 Proposed Property Acquisition

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Sue Day

CW3 That:

1. The information contained in the report on Proposed Property Acquisition be received

2. Council resolve to adopt the recommendations 1-4 as listed within the body of 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

4. A further report be presented to Council detailing the outcome of any negotiations in this matter.

4 Unsolicited Request to Purchase Council Owned Land at Dunheved Circuit, St Marys

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa

CW4 That:

1. The information contained in the report on Unsolicited Request to Purchase Council Owned Land at Dunheved Circuit, St Marys be received

2. Council decline the Unsolicited Proposal submitted by Space Urban Pty Limited based on the details provided in this report.

5 Natural Disaster Essential Public Asset Restoration & Local Government Recovery Grants

RECOMMENDED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marlene Shipley

CW5 That the information contained in the report be received.

ADOPTION OF Committee of the Whole

384 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev that the recommendations contained in the Committee of the Whole and shown as CW1,CW2, CW3, CW4 and CW5 be adopted.

Outcome 5 - We have open and collaborative leadership

12 Natural Disaster Essential Public Asset Restoration & Local Government Recovery Grants

385 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marlene Shipley

That:

1. The information contained in the report on Natural Disaster Essential Public Asset Restoration & Local Government Recovery Grants be received

2. Council endorse the grant applications for:

a. CLIRP (AGRN 906) for the amount $204,277

b. LGRG (AGRN 1012) for the amount $1,000,000

c. LGRG (AGRN 1025) for the amount $1,000,000

d. DRFA – TFNSW EW/IRW for $2,500,000

e. DRFA – TFNSW REPA for an amount in excess of $15,000,000 (as and when developed)

f. DRFA – Harrold Corr and City Park projects in the amount of $608,800

g. DRFA – Regatta Park project in the amount of $2,972,067

h. Betterment Fund for the amount $2,066,963

i. Sport Infrastructure Recovery Fund for the amount $956,000

3. Council forward fund the additional project costs for Regatta Park in the amount of $2,116,490 from the Financial Management Reserve to ensure the continuation of the project. If the DRFA grant application is successful, this amount is to be repaid to the Financial Management Reserve.

4. Council write to the NSW Premier, relevant Ministers and local members advising of the grant applications.

There being no further business the Chairperson declared the meeting closed the time being 8:27pm.

Ordinary Meeting 30 January 2023

Cranebrook Catchment Overland Flow Flood Study

Compiled by: Janahan Jivajirajah, Senior Engineer - Stormwater

Mylvaganam Senthilvasan, Floodplain Engineering Coordinator

Authorised by: Adam Wilkinson, Engineering Services Manager

Andrew Jackson, Director - Development and Regulatory Services

Outcome	We protect and enhance an ecologically sustainable environment
Strategy	Strengthen sustainability and climate resilience
Principal Activity	Manage the risk to and impact on life and property from the existing and potential future use of the floodplain

Executive Summary

The purpose of this report is to advise Council that the Cranebrook Catchment Overland Flow Flood Study is now complete, and the draft flood study report is ready to be placed on public exhibition.

This report recommends that the draft for public exhibition of the Cranebrook Catchment Overland Flow Flood Study, October 2022 be placed on exhibition for public comment. The study has been prepared in accordance with the NSW Floodplain Development Manual (April 2005), and has been endorsed by Council’s Floodplain Risk Management Committee. Council will send a letter to each of the properties within the catchment (approximately 7,800) notifying them of the exhibition.

Like similar recent studies, the flood study provides analysis of the local overland flood behaviour within the Cranebrook catchment. It establishes detailed flood maps, sets flood levels and describes the Flood Planning Area (FPA).

With the completion of the flood study and the proposed public exhibition, it is required to update the section 10.7 flood planning notations to those properties located within the Flood Planning Area. Council’s flood information for the study area will also be updated based on the flood study and will be used for future flood planning purposes.

There are currently 3,112 properties in the catchment that are flood coded. The study proposes that of these 3,112 properties, the flood coding can be removed from 433 properties. The study does however also propose that flood codes be applied to 417 properties that have not previously had a flood coding.

Background

The NSW Government’s Flood Policy is directed at providing solutions to existing flooding problems in developed areas and ensuring that new developments are compatible with the relevant flood hazard and do not create flooding problems in other areas. Under the policy the management of flood prone land remains the responsibility of Local Government. The policy and floodplain management practices are defined in the NSW Government’s Floodplain Development Manual, April 2005.

The State Government, under its policy, provides technical advice and in some instances financial support to councils to manage their floodplains.

Council is undertaking this Cranebrook Catchment flood study with the technical guidance and financial assistance from the NSW Department of Planning and Environment (DPE). Council has secured grant funding from NSW Government under its 2019/20 Floodplain Management Program. The grant funding is provided on a three-year funding program and based on a funding ratio of $2(State): $1(Council).

Floodplain Risk Management Studies and Plans for various creek systems and the catchment areas within the Penrith Local Government Area (LGA) will be required to effectively manage Council’s floodplains. In 2006 Council undertook an “Overland Flow Flood Overview Study” for the entire LGA. This identified and mapped all major overland flow paths, assessed provisional flood hazard for properties at risk of flooding, and ranked catchment areas in terms of severity of flooding to assist Council for prioritising catchments to undertake detailed flood studies.

The Cranebrook catchment was identified as one of the priority catchments requiring a detailed overland flow flood study and a floodplain risk management plan to effectively manage overland flows.

Current Situation

The Cranebrook Catchment Overland Flow Flood Study Area (Appendix 1) comprises the suburbs of Cranebrook and North Penrith. The study area is approximately 1,330 Ha (13.3km2) and is bounded by the Nepean River and Penrith Lakes in the west, The Northern Road in the east and the Great Western Railway Line in the south. Stormwater flows from the catchment drain into the Nepean River via Boundary Creek and several overland flow paths. The study area includes residential, commercial, and industrial type properties.

The study area is influenced by both local overland flow from the upstream catchment and the mainstream Nepean River. Both flooding mechanisms have been analysed as part of this flood study using the adopted Nepean River Flood Study 2018.

The objectives of this local overland flow flood study are to review the studies previously undertaken by various agencies and to establish the local overland flow flood behaviour such as flood extents, flood levels, depths, velocities, flows, hydraulic and hazard categories.

The scope of works also includes:

· A review of available information, including previously completed flood studies, rainfall records and topographic mapping of the floodplain.

· A community consultation and participation program to identify local flooding concerns and engage the community in the on-going floodplain management process.

· Definition of flood behaviour such as flood flows, flood levels, flood depths, and flood velocities for a range of design flood events.

· Definition of the Provisional Hydraulic and Hazard categories.

· Flood mapping for all design storm events, flood hazard and hydraulic categories.

· Emergency response classification maps and assessment of the performance of major hydraulic structures to assist the State Emergency Services with emergency response planning.

· Potential impact of climate change on the existing flood behaviour.

· Flood planning area maps including flood planning constraint categories definition.

· A summary of the preliminary flood mitigation options to alleviate the flooding issues identified.

The Flood Study has been undertaken in accordance with the NSW Floodplain Development Manual, April 2005. The Flood Study was overseen by the Council’s Floodplain Risk Management Committee and guided by a Technical Working Group comprising representatives from Council, the Department of Planning and Environment and the NSW State Emergency Services.

On 5 September 2022 the final draft Cranebrook Catchment Overland Flow Flood Study (August 2022) report was presented to Council’s Floodplain Management Committee. The Committee endorsed the draft flood study report and supported a recommendation to seek Council endorsement to go to public exhibition. A few minor amendments to the final draft study report were made considering comments received from the Committee and staff, and the flood study is now marked as “Draft for Public Exhibition (October 2022)”.

The draft for public exhibition of the Cranebrook Catchment Overland Flow Flood Study, October 2022 report (Volume 1 - Main Report, Volume 2 – Report Figures and Maps are provided separately to Councillors and are made available to the public via Council’s website) is now complete and ready for public exhibition and comment.

Public Exhibition

The public exhibition process will include direct exhibition throughout the catchment and public notification of that exhibition period. It is proposed that the following will be undertaken as part of the public exhibition.

· Advertisements will be placed in the local newspaper inviting residents, ratepayers and business owners to review the draft flood study documents and make submissions;

· Letters and factsheet to property owners (approximately 7,800 letters) within the catchment will be sent informing them about the public exhibition and requesting them to review the draft flood study documents and make submissions;

· Council’s website will be used to access the study documents and arrangements will be made for making submissions electronically;

· Printed study documents will be placed as appropriate at Council offices and libraries for viewing by the public;

· A factsheet detailing the flood management process and the steps involved in developing a floodplain risk management study and plan will be prepared and distributed. This will also be made available through Council’s Website; and

· A community meeting (in-person) is proposed so that the public can ask questions on the relevant documents and discuss as required. Details will be provided in the factsheet to register the interest for the community meeting.

It is proposed to commence the public exhibition in early March/April 2023. The public exhibition is normally held for a four-week period.

A further report will be brought back to Council after the four week period, outlining the results of the exhibition process and any feedback received.

Flood Study Implications

1. This is the first detailed overland flood study undertaken for the Cranebrook catchment and the Flood Study will:

• set new flood levels for the catchment and define flood conditions.

• set new flood planning levels.

• be used to for the future flood planning purposes within the catchment including development assessment.

• be provided to the NSW SES for their flood management purposes including flood evacuation.

2. With the completion of the Flood Study and the proposed public exhibition, it is required to update the section 10.7 flood planning notations to those properties located within the Flood Planning Area. Currently there are 7,740 land titles within the study area, and of which 3,112 land titles are currently coded with s10.7 flood planning notations based on a combination of the 2018 Nepean River Flood Study, and the 2006 Penrith Overland Flow Overview Flood Study.

With the completion of this Flood Study an additional 417 lots (651 land titles) will be flood coded. However, the Flood Study identified that there are 433 lots (627 land titles) which are currently flood coded will be outside the Flood Planning Area and as such the existing flood notations to those properties will be removed.

3. The Flood Study identified several “flooding hotspots” that are required to be further investigated under the future Floodplain Risk Management Study for the catchment. Following the public exhibition and the adoption of the Flood Study by Council, grant funding will be sought under future grant funding programs for the proposed Floodplain Risk Management Study and to develop a Floodplain Risk Management Plan for the catchment.

Financial Implications

This report recommends that the draft flood study be placed on exhibition for public comment. The costs associated with the public exhibition have been included in the project budget.

Risk Implications

Council is required to publicly exhibit the draft flood study for a minimum of four weeks to seek comment before adopting the study. This is to meet the requirements detailed in the NSW Floodplain Development Manual, April 2005 and to meet the grant funding requirement.

Conclusion

The draft for public exhibition of the Cranebrook Catchment Overland Flow Flood Study (October 2022) has been undertaken in accordance with the NSW Floodplain Development Manual, April 2005. The Flood Study provides a comprehensive analysis of the existing flooding within the catchment. The flood study is now complete, and the draft flood study report is ready for public comment. The next step is to publicly exhibit the flood study and bring a subsequent report back to Council detailing the results of the exhibition.

It is recommended that the draft for public exhibition of the Cranebrook Catchment Overland Flow Flood Study (October 2022) be placed on exhibition for public comment.

RECOMMENDATION

That:

1. The information contained in the report on Cranebrook Catchment Overland Flow Flood Study be received.

2. The draft for public exhibition of the Cranebrook Catchment Overland Flow Flood Study (October 2022) be endorsed for public exhibition for a period of 4 weeks commencing in March/April 2023.

3. A further report to be presented to Council on the results of the public exhibition addressing any submissions received during the exhibition period.

ATTACHMENTS/APPENDICES

1. ⇩

Study Area - Cranebrook Catchment Overland Flow Flood Study

1 Page

Appendix

Ordinary Meeting 30 January 2023

Request For Major Event Sponsorship - 2023 Redline Games Western Sydney

Compiled by: Shelley Lee, Activation and Event Development Officer

Beau Reid, Place and Activations Program Manager

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

Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures

Outcome	We are welcoming, healthy, happy, creative and connected
Strategy	Support and provide opportunities to participate in activities and events that celebrate our diversity, culture and creativity
Principal 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 Sports Marketing Australia Pty Ltd on behalf of Elite Energy Pty Ltd seeking sponsorship of the 2023 Redline Games Western Sydney.

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

Sports Marketing Australia Pty Ltd has submitted a proposal on behalf of Elite Energy Pty Ltd (the event organiser) for sponsorship from Council for the 2023 Redline Games Western Sydney to be held at the Sydney International Regatta Centre (SIRC) from 31 March to 2 April 2023. The 2023 Redline Games Western Sydney is a new multi-day event in its inaugural year.

Elite Energy Pty Ltd has sought a total sponsorship investment from Council of $12,500 (plus GST) in the form of sponsorship of $10,000 (plus GST) to Elite Energy Pty Ltd and a $2,500 (plus GST) placement fee to Sports Marketing Australia Pty Ltd. Council officers have estimated the event could deliver approximately $3,881,300 in local economic benefit.

This report recommends that Council provides sponsorship of $7,500 (plus GST) to Elite Energy Pty Ltd, and pays a $2,500 (plus GST) placement fee to Sports Marketing Australia Pty Ltd in support of the inaugural 2023 Redline Games Western Sydney, representing a total investment from Council of $10,000 (plus GST).

Background

Council was approached on 19 December 2023 by Sports Marketing Australia Pty Ltd (SMA) on behalf of Elite Energy Pty Ltd to consider sponsorship of the 2023 Redline Games Western Sydney to be held at the Sydney International Regatta Centre (SIRC) from 31 March to 2 April 2023.

Council endorsed the Events Sponsorship Policy (‘the Policy’) in June 2020. The Policy includes criteria for Major Event Sponsorship.

Council endorsed the Think Penrith, Think Events – Penrith Events Strategy 2020-2024 on 22 June 2020. The Events Strategy provides for up to $200,000 annually to support the attraction and retention of major events in the Penrith Local Government Area. There is currently $150,000 available in the 2022 - 23 budget.

At the 28 November 2022 Ordinary Meeting of Council, Clr Bratusa requested a report back to Council following sponsorship of events that includes information on patronage and return on investment. A report is currently being prepared for the February meeting and will provide a summary of the outcomes of event sponsorship between July – December 2022.

Current Situation

The sponsorship proposal received from Sports Marketing Australia Pty Ltd (SMA) on behalf of Elite Energy Pty Ltd for the 2023 Redline Games Western Sydney requests a total Council investment of $12,500 (plus GST). This is in the form of sponsorship of $10,000 (plus GST) to assist with operating and hire costs associated with running the event including an enhanced local and regional marketing campaign, and a service fee of $2,500 (plus GST) payable by the sponsor directly to SMA to negotiate sponsorship agreements on the event organiser’s behalf.

Further details on the event are provided below:

2023 Redline Games Western Sydney

The 2023 Redline Games Western Sydney is a multi-day event in its inaugural year, planned to be held at the Sydney International Regatta Centre (SIRC) from 31 March to 2 April 2023.

The event will showcase a range of sports including triathlon, running, open water swimming, cycling, functional cross-fit and speedskating. The event will also host the National Breakdancing Championship.

To attract spectators and further incentivise participants to interact with other experiences across the weekend, the event will include festival elements such as circus performers, DJs and bands, food trucks and a sports and fitness expo.

The organisers of the 2023 Redline Games Western Sydney are anticipating that they will attract in excess of 10,500 participants and spectators over 2 and a half days, consisting of:

• 4,000 participants (400 local, 2,800 intrastate, 800 interstate)

• 6,500 spectators (1300 local, 3,575 intrastate and 1,625 interstate)

Based on the projected event visitation, Council has estimated the economic benefit of the scheduled event to the local economy is approximately $3,881,300.

The organisers have indicated that should this inaugural event be successful in terms of attendance and participation rate, they would like to hold the event on an annual basis in Penrith.

Previous sponsorship to Elite Energy Pty Ltd

Elite Energy Pty Ltd has not previously sought sponsorship from Council.

Proposed Sponsorship Benefits

The sponsorship opportunities presented by Elite Energy Pty Ltd for the 2023 event would provide Council and the community of Penrith City with several benefits including:

· Opportunity for a joint media release acknowledging Council as a major sponsor

· Council recognised as a major sponsor of the event across all media, including digital and print collateral

· Electronic Direct Mail and other digital content advertising Penrith as a destination provided to registered event attendees and on event website (content provided by Council)

· Mayor (or delegate) welcome and/or presentation at the event

· Signage in prominent locations at the event (provided by Council)

Assessment of sponsorship proposal

The sponsorship proposal has been assessed against Council’s Events Sponsorship Policy criteria for Major Event Sponsorship.

The event encourages community involvement and partnership, overnight visitation to the Penrith Local Government Area and has positive economic benefits to the local Penrith economy that exceed the total cost of running each event. Council officers have estimated the event could deliver approximately $3,881,300 in local economic benefit.

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 (DNSW) and has set rates based on the type of event. The DNSW method is the industry standard.

Sponsorship of $10,000 (plus GST) is considered appropriate to support this inaugural event, covering operating and marketing campaign costs and infrastructure. This level of funding reflects the nature of the proposed sponsorship benefits to Council. This level of funding is also consistent with Council’s approach to levels of sponsorship for events with comparable benefit returns, as estimated using the Destination NSW “Economic value of Tourism and Events” calculator.

Should Council endorse a sponsorship of the 2023 Redline Games Western Sydney, a placement fee of $2,500 (plus GST) becomes payable by Council to Sports Marketing Australia Pty Ltd due to Elite Energy Pty Ltd’s engagement of SMA as its agent to negotiate sponsorship with Council for this event.

It is recommended that sponsorship in the form of $7,500 (plus GST) to Elite Energy Pty Ltd be endorsed, with the addition of the placement fee of $2,500 (plus GST. This would represent an overall sponsorship investment by Council of $10,000 (plus GST) for this inaugural event. This level of funding reflects the nature of the proposed sponsorship benefits to Council, and the estimated economic benefits.

This is summarised in the table below:

Sponsorship Request

Recommended Sponsorship

$12,500

$10,000

$10,000 (plus GST) sponsorship to Elite Energy Pty Ltd

$2,500 (plus GST) placement fee to Sports Marketing Australia

$7,500 (plus GST) sponsorship to Elite Energy Pty Ltd

$2,500 (plus GST) placement fee to Sports Marketing Australia

Financial Implications

Major Events Sponsorship funds are available within Council’s 2022-23 Operational Plan. An amount of $10,000 (+ GST) will be funded from within the existing 2022-23 City Activation, Community and Place budget. Should the recommendations of this report of $10,000 (+ GST) for 2022-23 be endorsed, the total funding remaining for 2022-23 Penrith Events Partnership Program will be $140,000 (+ GST).

Risk Implications

If the sponsorship is endorsed, Council will enter into a sponsorship agreement with Elite Energy Pty Ltd to detail the expected sponsorship benefits to be delivered to Council and the community in exchange for Council’s investment.

Conclusion

A request for sponsorship has been received from Sports Marketing Australia on behalf of Elite Energy Pty Ltd to support the inaugural 2023 Redline Games Western Sydney to be held at the Sydney International Regatta Centre (SIRC) from 31 March to 2 April 2023.

The request seeks a total of $12,500 (plus GST), which consists of $10,000 (plus GST) to Elite Energy Pty Ltd and $2,500 to Sports Marketing Australia as a placement fee.

It is estimated that the return to the community of Penrith City from the event could be in the order of $3,881,300 in economic benefit.

Council officers have assessed the proposal against the Events Sponsorship Policy. A total sponsorship value of $10,000 (plus GST) is considered appropriate as a contribution to the event’s operating and marketing campaign costs and infrastructure. This level of funding reflects the nature of the proposed sponsorship benefits to Council, and the estimated economic benefits.

It is recommended that Council support a total sponsorship of $10,000 (plus GST) in support of the 2023 Redline Games Western Sydney, consisting of $7,500 (plus GST) to Elite Energy Pty Ltd and $2,500 (plus GST) to Sports Marketing Australia Pty Ltd as a placement fee.

Should Council resolve to endorse the sponsorship proposal, Council will enter into a sponsorship agreement with Elite Energy 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 - 2023 Redline Games Western Sydney be received

2. Council provide sponsorship of $10,000 (plus GST) in support of the 2023 Redline Games Western Sydney, consisting of $7,500 (plus GST) to Elite Energy Pty Ltd and $2,500 (plus GST) to Sports Marketing Australia Pty Ltd.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 30 January 2023

Submission on Explanation of Intended Effect - Amendments to State Environmental Planning Policy (Housing) 2021

Compiled by: Brooke Levingston, Senior Planner

Authorised by: Natasha Williams, City Planning Manager

Kylie Powell, Director - City Futures

Outcome	We plan and shape our growing City
Strategy	Undertake strategic planning that will ensure balanced growth and liveability
Principal Activity	Influence state planning policies and legislation to ensure it responds to our land use vision and the needs of our community

Executive Summary

This report seeks Council’s endorsement on a submission to an Explanation of Intended Effect regarding changes to State Environmental Planning Policy (Housing) 2021 (SEPP Housing) and other changes to various Environmental Planning Instruments (EPIs).

The Explanation of Intended Effect was initially on exhibition from 22 November until 19 December 2022. A request was made to the DPE seeking an extension to the submission deadline to enable Council officers to achieve reporting timeframes for Councillor feedback. The DPE advised that the exhibition close date would be extended to 13 January 2023 and that a draft submission was required by this date. The DPE also indicated that a late submission may be accepted if received by 31 January 2023. Council officers prepared a draft submission which was submitted to the DPE on 13 January 2022.

The proposed amendments include provisions to support planning and delivery of housing for people with particular needs, including people on low to moderate incomes, seniors, and people with a disability.

A memorandum was provided to Councillors on 2 December 2022 informing them of the exhibition and outlining the key changes proposed.

A submission to the proposed amendments is provided at Appendix 1. Should Council endorse the submission, it will be submitted to the DPE as a matter of urgency to ensure it is received by 31 January 2023.

Given the nature of the proposed amendments, these matters will also be referred to Council’s Access Committee, which does not reconvene until 8 February 2023.

This report recommends that Council endorse the submission on the Explanation of Intended Effect provided at Appendix 1 and submit it to the DPE for their consideration. This report also recommends that any comments received from Council’s Access Committee be forwarded to the DPE as an addendum to Council’s submission.

Background

The Housing SEPP commenced on 21 November 2021. Minor amendments were made on 18 March 2022, which were not subject to a public exhibition. Further unexhibited amendments were made on 1 July 2022 and 12 August 2022, which Councillors were notified of via memorandums provided on 26 July 2022 and 2 September 2022.

The DPE exhibited an Explanation of Intended Effect that outlines proposed amendments to the Housing SEPP and other changes to various EPIs. The proposed amendments include provisions to support planning and delivery of housing for people with particular needs, including people on low to moderate incomes, seniors, and people with a disability. The proposed amendments affect the following EPIs:

- State Environmental Planning Policy (Housing) 2021

- State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

- State Environmental Planning Policy (Planning Systems) 2021

- Standard Instrument Local Environmental Plan (LEP)

The Explanation of Intended Effect was initially on exhibition from 22 November until 19 December 2022. A request was made to the DPE on 24 November 2022 seeking an extension to the submission deadline to enable Council officers to achieve reporting timeframes for Councillor feedback.

The DPE responded on 15 December 2022 advising that the exhibition close date would be extended to 13 January 2023 and that a draft submission was required by this date. The DPE also indicated that, where a draft submission is provided before the submission deadline, a late submission may be accepted if received by 31 January 2023.

Current Situation

Given the timeframe of the exhibition and the significant number of changes proposed, Council officers were unable to review the proposed amendments or achieve reporting timeframes for Councillor feedback. Accordingly, Council officers prepared a draft submission which was submitted to the Department on 13 January 2023.

Overall, the intent of the proposed amendments to support the planning and delivery of social and affordable housing is supported. However, some of the proposed amendments may have implications for Council and negatively impact the community through unintended outcomes. The proposed amendments also undermine Council’s current planning controls and authority to assess development in the local context and in consideration of our community.

The proposed amendments and details of the submission are outlined at Appendix 1.

Key issues are summarised below:

Floor space ratio (FSR) bonus for in-fill affordable housing

It is proposed to increase the existing FSR bonus to incentivise affordable housing. The following comments are raised:

- Council does not support an incentives-based scheme that does not deliver housing that remains affordable in perpetuity, noting that the current Housing SEPP only requires it to remain affordable for 15 years. This approach does not help secure long-term housing for people on very low to moderate incomes.

- Concern is raised regarding the increase in FSR bonus and the ability for the additional floor space to be satisfactorily accommodated under existing planning controls.

- Further clarity is needed on how the FSR bonus interacts with local planning documents (e.g. an LEP) that apply floor space bonuses.

- It is recommended that the DPE assist Councils in developing Affordable Rental Housing Contributions Schemes, rather than increasing the FSR bonus for affordable housing.

Guideline for Developing an Affordable-Housing Contribution

Changes to the Guideline are proposed to give Councils greater flexibility to capture affordable housing contributions from any uplift resulting from a development proposal. This proposal is broadly supported, noting that Council is currently progressing a draft Affordable Housing Contributions Scheme. However, it is requested that the DPE provide Councils the opportunity to review any future LEP clause before it is finalised.

Update to clause 4.6 of the Standard Instrument LEP

It is noted that the DPE is proposing to update Clause 4.6 of the Standard Instrument LEP to enable more flexibility for variation requests. This change was detailed in an Explanation of Intended Effect which was publicly exhibited from 31 March until 12 May 2021. A draft submission on the proposed changes was submitted to the DPE on 12 May 2021. The draft submission was endorsed by Council at its Ordinary meeting of 24 May 2021 and was subsequently forwarded to the DPE on 25 May 2021.

The exhibition material indicates that further guidance material will be released regarding changes to Clause 4.6, including for in-fill affordable housing where a non-compliance is proposed. The submission at Appendix 1 outlines Council’s previous endorsed concerns about the proposed update to Clause 4.6.

State Significant Development - pathways for affordable and social housing

A new pathway is proposed for State Significant Development (SSD) for large residential developments:

- With a Capital Investment Value of more than $100 million; and

- That includes a minimum 20% of gross floor area as either affordable housing or floor space delivered by a social housing provider.

The following matters are raised:

- This change will undermine the authority of local Councils to oversee and assess large-scale residential proposals. This change would further remove local planning assessment power from Councils.

- The proposed SSD pathway requires a social or affordable housing component, but this will only be conditioned for a minimum term of 15 years, which is not supported. Council’s preference is for affordable housing to be provided in perpetuity.

- Consultation is required with the relevant local council as part of the SSD assessment. However, Council’s typically do not receive any payment, despite spending extensive time reviewing and providing feedback on the application. Where Council has a role in reviewing SSD’s, it is recommended that Councils receive a fee for this assessment.

Minimum lot size for dual occupancy lots undertaken as complying development

A minimum lot size of 400m2 is proposed for dual occupancy development undertaken by the Land and Housing Corporation (LAHC) or Aboriginal Housing Office (AHO). The following matters are raised:

- This change will undermine Council’s established planning controls under Penrith LEP 2010 which require a minimum lot size ranging from 550m2 to 700m2, depending on the zone, lot typology and dwelling type.

- This change would result in very small development sites which are unlikely to achieve good privacy and amenity outcomes.

- The proposed minimum lot size control of 400m2 is less than the existing minimum lot size requirement for a secondary dwelling (450m2), noting that a secondary dwelling is typically much smaller than a dual occupancy.

- Should the changes be introduced, it is recommended that these developments are managed by the LAHC or AHO in an ongoing capacity and only permitted on sites with good access to public transport and essential services.

Expansion of self-assessment powers of the LAHC and AHO

The proposed expansion of self-assessment powers of the LAHC and AHO is not supported. There are conflicts of independence between preparing development plans and self-assessment of them. Further provisions should be included that provide for an independent assessment of these substantial applications and adequate consideration of Council’s feedback in relation to these proposals.  

Threshold for SSD under SEPP (Planning System) 2021

It is proposed to replace the existing monetary threshold for SSD under SEPP (Planning System) 2021 with a new, lower threshold. This change is not supported as it would enable a wider range of residential developments to be undertaken as SSD, further eroding the capacity of council planners to inform quality outcomes.

Changes to group homes and hostels

It is proposed to replace the existing definitions for ‘group homes’ and ‘hostels’ with two new terms, being ‘high support accommodation’ and ‘supported living’. Council officers generally raise no objection to the new terms and support the provision of these accommodation types for our community. However, the following matters regarding ‘high support accommodation’ and ‘supported living’ are raised:

a. High support accommodation (group homes)

- Under the proposed changes, high support accommodation must be managed by a government agency, a registered community housing provider or a specialist homelessness service. It is recommended that this provision be extended to disability care services through the National Disability Insurance Scheme.

- Whilst group homes provide important accommodation for our community, a detailed assessment is considered more appropriate in low density locations (in Council’s case in an R2 zone). Therefore, the ‘complying development’ pathway’ for high support accommodation in R2 zones is not appropriate. This is also consistent with Council’s endorsed submission on 1 October 2020 in relation to the Explanation of Intended Effect regarding the Housing Diversity SEPP.

- Similarly, the ‘without development consent’ pathway is not supported for high support accommodation in any zone due to need to undertake a detailed assessment of the potential impacts associated with this development.

- Additional controls should be introduced to guide the size of bedrooms and supporting amenities to ensure development is appropriate for vulnerable people and people with high needs.

- A maximum occupancy limit should be introduced.

- A minimum ratio for residents to on-site staff should be introduced.

- Controls should be introduced to prevent clustering of high-support accommodation to support better integration for residents into community life.

b. Supported living (hostels)

- The ‘complying development’ pathway is not supported for supported living in R2 zones, as a more detailed assessment is warranted in low density locations.

- Replacement of the existing DA pathway for hostels for seniors and people with a disability with the complying development pathway is not supported.

- The proposed minimum lot size requirement of 450m2 (reduced from 1000m2) is not supported due to concerns it would result in very small development sites which are unlikely to achieve good privacy and amenity outcomes.

- Removal of the 10-bedroom cap for complying development is not supported.

- A maximum occupancy limit should be introduced.

- A minimum ratio for residents to on-site staff should be introduced.

- Controls should be introduced to prevent clustering of supported living.

Temporary supportive accommodation (TSA)

It is proposed to introduce two planning pathways for TSA: ‘without development consent’ and ‘complying development’. The following matters are raised:

- It is unclear how long TSA can be used for if delivered under the exempt development pathway.

- It is currently unclear if specified development standards will be applied for TSA. Development standards for TSA must be clearly established in state planning policy, as per other exempt and complying development.

- It is recommended that these developments only be permitted on sites with good access to public transport and essential services.

- Ongoing building maintenance and repairs should be included as a consideration in the plan of management.

Temporary residential accommodation

It is proposed to amend Clause 2.8 of the Standard Instrument LEP to allow temporary residential accommodation on vacant land for a maximum period of 5 years. This change would only apply to public land that is classified by council as ‘operational land’. The following matters are raised:

- Further information about ongoing operation and management of temporary residential accommodation is required.

- The economic cost of preparation and handover of any land transaction needs to be considered.

- The proposed change may encourage unsolicited proposals for temporary use of operational land and place pressure on Council to oversee approvals and manage the ongoing operations of temporary accommodation.

- Additional provisions are needed regarding minimum standards of structures, building design and amenity utilisation.

- Clarity is needed on how a building or vacant lot should be restored following departure.

- It is requested that the DPE consider provisions that limit or prevent the resources for an extension following the 5 years.

- The intended future purposes of the land needs to be understood and considered.

Update accessibility and useability standards for independent living units

The proposed changes are supported. Accessibility and useability are extremely important for independent seniors living to maintain quality of life. Notwithstanding, it is recommended that both visible and invisible disability are addressed to support people with particular needs, such as dementia.

Given the nature of this change, this matter will also be referred to Council’s Access Committee for advice.

Changes to Seniors Housing Design Guide

No objection is raised to updating the Seniors Housing Design Guide. However, given the nature of this change, this matter will also be referred to Council’s Access Committee for advice.

Expansion of FSR bonus for boarding houses

A floor space ratio bonus of 25% currently applies to boarding houses delivered on land where residential flat buildings are permitted. It is proposed to extend this bonus to boarding houses delivered on land on which shop-top housing is permitted.

The following matters are raised:

- It is unclear if this change would affect the permissibility of boarding house developments or if these provisions would only apply where a boarding house is already permitted under an EPI.

- Controls should be introduced to prevent the clustering of boarding house development, noting that the proposed change will incentivise the uptake of boarding houses in additional zones.

It is noted that boarding houses must be used as affordable housing and managed by a registered Community Housing Provider in perpetuity (meaning these requirements will not ‘time out’ after a certain number of years).

Financial Implications

There are no direct financial implications associated with this report.

Potential administration and staff costs associated with referrals for SSD and temporary residential accommodation are addressed in the submission.

Risk Implications

If Council does not provide an endorsed submission to the Explanation of Intended Effect by the end of January 2023, there is a risk that Council’s concerns and comments will not be fully understood and considered.

Next Steps

Should Council endorse the submission, it will be submitted to the DPE as a matter of urgency to ensure it is received before 31 January 2023, as per DPE’s advice.

Given the nature of the proposed changes, these matters will also be referred to Council’s Access Committee. We note that Council’s Access Committee does not reconvene until 8 February 2023. If the Access Committee provide additional comments on these matters, this feedback will be forwarded to the DPE as an addendum to the submission. The DPE has been advised of this proposed action. Any feedback from the Access Committee will also be provided to Council via a memorandum.

Conclusion

DPE recently exhibited an Explanation of Intended Effect regarding changes to the Housing SEPP and other changes to various EPIs. The proposed amendments include provisions to support planning and delivery of housing for people with particular needs, including people on low to moderate incomes, seniors, and people with a disability.

It is recommended that Council endorse the submission at Appendix 1, which will then be provided to the DPE for their consideration.

RECOMMENDATION

That:

1. The information contained in the report on Submission on Explanation of Intended Effect - Amendments to State Environmental Planning Policy (Housing) 2021 be received

2. Council endorse the submission on the Explanation of Intended Effect, provided at Appendix 1 to this report, and submit it to the DPE for their consideration.

3. Any feedback from the Council’s Access Committee on the proposed amendments be forwarded to the DPE as an addendum to the submission.

ATTACHMENTS/APPENDICES

1. ⇩

Submission on Explanation of Intended Effect - Housing SEPP

10 Pages

Appendix

Ordinary Meeting 30 January 2023

Multi-Sport Community Facility Fund - Grant Acceptance

Compiled by: Virginia Tuckerman, Community Facilities and Recreation Planning and Projects Coordinator

Matthew Hill, Recreation and Community Facilities Planner

Tim Whiticker, Recreation and Community Facilitites Planner

Authorised by: Brian Steffen, Director - City Services

Andrew Robinson, Community Facilities and Recreation Manager

Outcome	We manage and improve our built environment
Strategy	Plan for, maintain and provide spaces and facilities that support opportunities for people to participate in recreational activities
Principal Activity	Plan for community facility, sport, recreation, play, open space infrastructure provision and support project delivery

Executive Summary

This report advises Councillors that correspondence received on 25 November 2022 from The Hon. Alister Henskens SC MP, Minister for Enterprise, Investment and Trade, Science, Innovation and Technology, Sport, Skills and Training, confirmed that $2.143 million has been awarded to Council from the NSW Office of Sport’s Multi-Sport Community Facility Fund (MSCFF) grant program (Round Two) towards the Monfarville Reserve Amenity Building and Sports Precinct Redevelopment.

The grant funding that has been awarded is for the full amount requested to enable delivery of a project which will include:

· an amenity building

· floodlighting

· a cricket practice facility

· new baseball dug out shelters

· toilets

· pathway connections

· accessible spectator seating

· car parking spaces

· landscaping and tree planting.

A site masterplan outlining the scope of works and concept images has been included in Attachment 1 to this report.

Council has previously received successful funding of $6.425m at Gipps Street Recreation Precinct, Claremont Meadows and The Kingsway North, Werrington through the MSCFF grant program (Round One).

The report recommends that the information be received, Council endorse acceptance of the grant award for the Monfarville Reserve Upgrade ($2.143m) and that the funding agreement be signed, and a letter of appreciation be provided to both the NSW Government and Local Members.

Background

The NSW Government has committed $200 million to the Multi-Sport Community Facility Fund grant program over two years, aimed at helping create spaces and facilities that enable communities to enjoy and take part in sport. The Fund will focus on assisting organisations to develop quality sport infrastructure that will meet the current and future needs of multiple sport users in the community.

The NSW Government has allocated $100 million in 2022/2023 (Round 2). The minimum grant request is $1 million and the maximum grant is $5 million. Applicants are required to provide a 50 percent financial co-contribution of the total grant request amount. Commencement of construction is required in 2023 and must be completed by 31 December 2025.

Council has previously received successful funding of $6.425m at Gipps Street Recreation Precinct, Claremont Meadows and The Kingsway North, Werrington through round one of the Multi-Sport Program, and $9.45m for 8 projects under similar preceding grant schemes: Greater Sydney Sports Facility Fund & Greater Cities Sports Facility Fund. These projects include:

· Jamison Park Synthetic Sports Facility, Penrith

· Mulgoa Rise Sports Amenity Extension, Glenmore Park

· Mark Leece Amenity Replacement, St Clair

· Ched Towns Reserve Amenity Upgrade, Glenmore Park

· Doug Rennie Amenity Upgrade, Kingswood

· The Kingsway Irrigation and Turf Upgrade, Werrington

· Surveyors Creek Softball Facility Upgrade, Glenmore Park

· Gipps Street Amenity Upgrade, Claremont Meadows.

Current Situation

Council Officers submitted a successful grant application to the NSW Government’s Multi-Sport Community Facilities Fund grant program seeking a sum of $2.143m, with Council committing $1.071m as contributing funding for Monfarville Reserve Sports Facility Upgrade. Council’s budget for this project is included in the current five-year Sport and Recreation Strategy program. The full amount of the grant requested was awarded and will enable the following scope of work to be delivered: 

- A new amenity building that includes change rooms, accessible toilet, canteen, equipment storage, and officials’ changeroom

- New competition standard floodlighting to diamond two 

- New three lane cricket practice facility

- Upgraded player areas with new dug out shelters and accessible spectator seating

- New toilet amenity building located for all user groups and visitors to the reserve

- Accessible pathway connections to car parking, seating and new amenities building

- Two new accessible car spaces, driveway resurfacing, landscaping and tree planting.

Financial Implications

This report outlines successful grant funding for the project from NSW Government Office of Sport through the Multi-Sport Community Facility Grant program. This grant will provide Council with the opportunity to leverage existing funding to construct new facilities and upgrade the existing facilities, improve standards and improve accessibility in line with Council’s plans, programs, and strategies.

Where co-contribution of funding has been identified as part of the project budget, these will be accommodated through Council’s existing programs and reserves including Building Asset Renewal Program and Sport and Recreation Reserve Funds.

The estimated annual operational and maintenance cost for the Monfarville Reserve Amenity and Sports Precinct project is $81,712. The future asset replacement cost is estimated at $6,071,166 based on an 18-year useful life value and an estimated LGCI of 3.5%.

The maintenance and operational requirements of the upgraded facility will be reflected in Council’s future asset maintenance budgets and asset renewal programs as per Council’s Budget Guidelines.

Risk Implications

There are no significant risks for Council associated with this report. All project risks will be managed by Council staff through risk management procedures.

Conclusion

The project at Monfarville Reserve is prioritised in Council’s Sport and Recreation Strategy. Since the Strategy’s adoption in April 2020, 53 sport, recreation, play and open space projects have been completed, providing infrastructure that supports and encourages active and healthy lifestyles and improves the City’s liveability.

RECOMMENDATION

That:

1. The information contained in the report on Multi-Sport Community Facility Fund - Grant Acceptance be received.

2. Council endorse acceptance of the grant award for Monfarville Reserve ($2.143m).

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

4. A letter of appreciation be issued to both the NSW Government and Local Members.

ATTACHMENTS/APPENDICES

1. ⇩

Monfarville Reserve Masterplan and Site Context

3 Pages

Appendix

Ordinary Meeting 30 January 2023

Penrith Whitewater Stadium - Lease Agreement

Compiled by: Marie Maher, Executive Assistant

Matthew Bullivant, Acting Property Development Manager

Authorised by: Brian Steffen, Director - City Services

Stephen Britten, Chief Governance Officer

Outcome	We manage and improve our built environment
Strategy	Plan for, maintain and provide spaces and facilities that support opportunities for people to participate in recreational activities
Principal Activity	Manage and facilitate the use of community, sport, recreation and open space facilities

Previous Items: Review of Penrith Whitewater Stadium Ownership and Management Options- Councillor Briefing- 18 May 2020

Executive Summary

It is sought to execute a lease between Penrith City Council and the NSW Government for the Penrith Whitewater Stadium site.

Background

The Penrith Whitewater Stadium (PWS) was constructed to host Whitewater rafting for the Sydney 2000 Olympics. Since that time, Penrith Whitewater Stadium Ltd, a controlled entity of Penrith City Council, has been successfully operating the stadium under an unexecuted lease of the land from the NSW Government. This lease expired on 31 December 2021.

The property subject to the unexecuted lease is known as 20/1092147 Penrith Whitewater Stadium.

Whilst the lease has remained unsigned, during the period the Office of Strategic Lands sought to finalise and execute the lease. Council officers advised that the lease terms were approved in principle, however the Office of Strategic Lands had not responded until 2022 and requested the lease be executed urgently.

Since January 2019, the NSW Office of Sport is still considering accepting transfer of ownership of PWS and is currently undergoing a review of the management and operations of the stadium and is awaiting Ministerial and Treasury approval.

In April 2020, Council had also engaged consultants KPMG to review PWS operations and risks to Council. This information was provided at a Councillor Briefing on 18 May 2020.

Current Situation

The Office of Strategic Lands require a lease to be finalised as a requirement of the Auditor General’s Office.

A lease has been drafted for the period until 30 June 2023. It is noted that the Lessee is responsible for all outgoings. The commercial terms of the lease being:

Term	Meaning of term
Lessor	Minister Administering the Environmental Planning and Assessment Act 1979 ABN 36 691 806 169 Office of Strategic Lands, Department of Planning and Environment, 4 Parramatta Square, 12 Darcy Street, Parramatta NSW 2150 and its successors and assigns.
Lessee	Penrith City Council ABN 43 794 422 563 601 High Street, Penrith NSW 2750 and its successors and permitted assigns.
Premises	The land comprised in Lot 20 in Deposited Plan 1092147 and all other structures, buildings, landscaped areas, car park and other improvements, fixtures and fittings, plant and equipment erected or affixed thereon including for the avoidance of doubt the PWS or any or more of them as the context requires.
Term	1 year from 1 July 2022 (Commencing Date) to 30 June 2023 (Terminating Date).
Rent	$1.00 per annum. Council to pay any outgoings.
Permitted Uses	(a) To operate the PWS on a commercial basis primarily as a canoe slalom course; (b) for ancillary uses to that primary use in paragraph (a) of this definition which have been approved by the Lessor (which must not be unreasonably withheld) or which are in accordance with the Plan of Management; (c) to use the Premises as a public recreation area; and (d) to use the Premises for commercial television and filming.

The property subject to the unexecuted lease is known as 20/1092147 Penrith Whitewater Stadium and is depicted in the aerial photograph directly below:

Legal Services Manager’s Comment

The terms of a lease agreement with the NSW Government were largely agreed to from the date of the commencement of operations of the Whitewater Stadium (since the 2000 Olympics).

Although there were some terms in the lease that were not completely resolved, the parties have been performing the substantive terms of the lease since the year 2000. Despite the lease not yet having been executed neither party would be able to argue that the substantive terms are not enforceable.

The limited outstanding terms of the lease that required the parties to resolve related to water quality, stakeholder engagement relating to the Whitewater Stadium and Sydney International Regatta Centre precinct and ensuring Council secured the use of a warm-up lake in a separate agreement between the Office of Sport and Penrith Whitewater Stadium Ltd - who is the tenant of the Sydney International Regatta Centre (Note: the warm up lake is not located on the land that is subject to the Penrith Whitewater Stadium lease and therefore a separate licence is required).

The parties have agreed upon the outstanding terms of the lease, and the Office of Sport has agreed to codify the use of the warm-up lake by Penrith Whitewater Stadium Ltd into a licence. That agreement will codify what already occurs in practice.

It is recommended that a license (with the Office of Sport) over the warm-up lake be secured before or simultaneously to the execution of the Lease over the Whitewater Stadium with the Department of Planning (acting on behalf of the Minister).

Financial Implications

Under the agreement, leasing costs are set at $1 per annum. Council to pay any outgoings.

Risk Implications

As per the Legal Services Manager’s comments above, despite the lease not yet having been executed neither party would be able to argue that the substantive terms are not enforceable. The execution of the lease is formalising the practices that have been in place over the past 20 years, and so is considered low risk to Council.

Conclusion

It is sought to execute a lease between Penrith City Council and the NSW Government for the Penrith Whitewater Stadium site.

RECOMMENDATION

That:

1. The information contained in the report on Penrith Whitewater Stadium - Lease Agreement be received.

2. The lease be executed in accordance with the information provided in this report.

3. The Common Seal of the Council of the City of Penrith be affixed to all necessary documents.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

-	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 2022-23 Annual Statements are presented
∞	Meeting at which any comments on the 2022-23 Annual Statements are adopted
+	Meeting at which the Annual Report is presented
>	Briefing to consider Budget, draft fees & charges and corporate document

Outcome	We have open and collaborative leadership
Strategy	Corporate Enablers
Principal Activity	Promote ethical behaviour through awareness and advice, and manage investigations of alleged corruption, maladministration or breaches of the Code of Conduct