Agenda of Ordinary Meeting - Monday, 24 June 2024

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 27 MAY 2024 AT 7:00PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

WEBCASTING STATEMENT

His Worship the Mayor, Councillor Todd Carney read a statement advising that Council Meetings are recorded and webcast.

STATEMENT OF RECOGNITION

His Worship the Mayor, Councillor Todd Carney 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

His Worship the Mayor, Councillor Todd Carney, Deputy Mayor, Councillor Mark Davies and Councillors Bernard Bratusa, Robin Cook, Kevin Crameri OAM, Ross Fowler OAM, Karen McKeown OAM, Jonathan Pullen, Mark Rusev, Marlene Shipley and John Thain.

PRESENT – ATTENDED REMOTELY

Councillors Sue Day and Glenn Gardiner.

APOLOGIES

113 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the apologies of Councillor Tricia Hitchen be received.

CONFIRMATION OF MINUTES - Ordinary Meeting - 29 April 2024

114 RESOLVED on the MOTION of Councillor Mark Rusev seconded Councillor Ross Fowler OAM that the minutes of the Ordinary Meeting of 29 April 2024 be confirmed, subject to correction on Urgent Business 2 – Opening of Wallacia Progress Association Board be amended to read Urgent Business 2 – Anniversary of the opening of Wallacia Progress Association Hall.

DECLARATIONS OF INTEREST

Councillor McKeown OAM declared a Pecuniary Conflict of Interest in Item 7 - Submission to the NSW Government responding to the Freight Policy Reform Consultation Paper, Item 11 - Submission to Australian Government - Inquiry into Local Government Financial Sustainability and Item 12 - The Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2024, as she is a current Member of Parliament for Penrith. Councillor Karen McKeown OAM stated that she would leave the meeting during consideration of this item and would not take part in voting or discussion on this issue.

Councillor Marlene Shipley declared a Non-Pecuniary Conflict of Interest – Significant in Item 2 - City Centre Corporations Service Level Agreements 2024-2027, as she is a director on the St Marys Town Centre board. Councillor Marlene Shipley stated that she would leave the meeting during consideration of this item and would not take part in voting or discussion on this issue.

Councillor Ross Fowler OAM declared a Pecuniary Conflict of Interest in Item 2 - City Centre Corporations Service Level Agreements 2024-2027, as he is the Auditor of the Penrith CBD Corporation. Councillor Ross Fowler OAM stated that he would leave the meeting during consideration of this item and would not take part in voting or discussion on the issue.

Councillor Mark Rusev declared a Non-Pecuniary Conflict of Interest – Significant in Item 2 - City Centre Corporations Service Level Agreements 2024-2027 as he is a member on the Board of the Penrith CBD Corporation. Councillor Mark Rusev stated that he would leave the meeting during consideration of this item and would not take part in voting or discussion on the issue.

Mayoral Minutes

1 Passing of Blacktown Councillor, Mayor Tony Bleasdale OAM

Councillors Ross Fowler OAM and John Thain spoke in support of the Mayoral Minute.

115 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor John Thain that the Mayoral Minute on Passing of Blacktown Councillor, Mayor Tony Bleasdale OAM be received.

Reports of Committees

1 Report and Recommendations of the Heritage Advisory Committee Meeting held on 24 April 2024

116 RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor Karen McKeown OAM that the recommendations contained in the Report and Recommendations of the Heritage Advisory Committee meeting held on 24 April 2024 be adopted.

DELIVERY PROGRAM REPORTS

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

3 Request For Major Event Sponsorship - Australian Ladies In Business Initiative

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

That:

1. The information contained in the report on Request For Major Event Sponsorship - Australian Ladies In Business Initiative be received

2. Council provide a total sponsorship of $1,500 (plus GST) in support of the Australian Ladies In Business Initiative ALBAI Awards event.

4 RFT22/23-052 The Book Tender

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

That:

1. The information contained in the report on RFT22/23-052 The Book Tender be received

2. The ten (10) successful tenderers - Abbey’s Bookshops Pty Limited, Aussie Global Books Pty Ltd, Bolinda Publishing Pty Ltd, James Bennett Pty Ltd, Keith Ainsworth Pty Ltd, MDM Entertainment Pty Ltd, QBD Books, Sound Text Media Pty Ltd, The Book House and Ulverscroft Australia - form a ‘Panel of Approved Vendors’ for the supply of books and audio-visual materials to Council’s library service.

3. The contract will be for a period of six (6) years with the option by Council to extend for a further two (2) x two (2) year extensions at Council’s discretion and based on performance.

4. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.

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

5 Request for Community Event Sponsorship - Penrith District Nitro Racing Incorporated

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

That:

1. The information contained in the report on Request for Community Event Sponsorship - Penrith District Nitro Racing Incorporated be received

2. Council endorse $1,000 (exc. GST) in Community Event Sponsorship to Penrith District Nitro Racing Incorporated in support of the 2024 PDNR Winter Championships event.

1 Community Funding Program - Request for Public Exhibition

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

That:

1. The information contained in the report on Community Funding Program - Request for Public Exhibition be received.

2. Council endorse the Community Funding Program for 28 days of public exhibition.

3. Any funding request over $5000 be brought back to Council for Councillors consideration.

4. The 6 monthly memorandums also inform Councillors of any unsuccessful grant requests, in addition to the successful ones.

5. Reports on domestic violence funding come back to Council on two occasions each year rather than one.

6 Review - Statement of Aboriginal and Torres Strait Islander Recognition Policy

Mayor, Councillor Todd Carney thanked Senior Policy Officer – Aboriginal, Josh Staines, City Activation, Community and Place Manager, Megan Whittaker and the team for the fantastic work completed during the process and thanked the community groups who were involved.

121 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies

That:

1. The information contained in the report Endorsement of Acknowledgement of Country Policy be received.

2. The Acknowledgment of Country Policy be endorsed.

3. The current Statement of Aboriginal and Torres Strait Islander Recognition Policy (2018) be rescinded.

Having previously declared an interest, Councillors Ross Fowler OAM, Mark Rusev and Marlene Shipley, left the meeting, the time being 7:15pm.

2 City Centre Corporations Service Level Agreements 2024-2027

122 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor John Thain

That:

1. The information contained in the report on City Centre Corporations Service Level Agreements 2024-2027 be received.

2. Council enter into a Service Level Agreement with Penrith CBD Corporation Limited for a 3 year period from 1 July 2024 to 30 June 2027.

3. Council enter into a Service Level Agreement with St Marys Town Centre Limited for a 3 year period from 1 July 2024 to 30 June 2027.

Councillors Ross Fowler OAM, Mark Rusev and Marlene Shipley returned to the meeting, the time being 7:16pm.

Having previously declared an interest, Councillor Karen McKeown OAM left the meeting, the time being 7:17pm.

Outcome 3 - We plan and shape our growing City

7 Submission to the NSW Government responding to the Freight Policy Reform Consultation Paper

123 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Submission to the NSW Government responding to the Freight Policy Reform Consultation Paper be received

2. Council endorse the submission at Attachment 1 and it be submitted to Transport for NSW by the closing date on 31 May 2024.

11 Submission to Australian Government - Inquiry into Local Government Financial Sustainability

124 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marlene Shipley

That:

1. The information contained in the report on Submission to Australian Government - Inquiry into Local Government Financial Sustainability be received

2. Council endorse the proposed draft submission to the Australian Government - Inquiry into Local Government Financial sustainability as attached to this report.

12 The Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2024-2025

125 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marlene Shipley

That:

1. The information contained in the report on The Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2024-2025 be received.

2. The fees payable to the Mayor and Councillors for 2024-25 be set at the maximum level permitted as determined by the Local Government Remuneration Tribunal.

Councillor Karen McKeown OAM returned to the meeting, the time being 7:23pm.

Outcome 5 - We have open and collaborative leadership

10 Audit, Risk and Improvement Committee

126 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM

That the information contained in the report on Audit, Risk and Improvement Committee be received.

13 Summary of Investments & Banking for the period 1 April 2024 to 30 April 2024

127 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Summary of Investments & Banking for the period 1 April 2024 to 30 April 2024 be received.

2. The Council’s Cash Book and Bank Statements have been reconciled as at 30 April 2024.

8 Organisational Financial Review - March 2024

128 A MOTION was moved by Councillor Kevin Crameri OAM seconded Councillor Jonathan Pullen

That:

1. The information contained in the report on Organisational Financial Review - March 2024 be received.

2. The Organisational and Financial Review as at 31 March 2024, including the revised estimates outlined in this report and detailed in the Organisational Report – March 2024, be adopted.

3. Council revote the works as detailed in the Recommended Revoted Works Lists, detailed in the Organisational Report – March 2024 for inclusion in the 2024-25 Operational Plan.

4. The third quarter surplus of $2,940,400 be transferred to the Financial Management Reserve as detailed in the Organisational Report – March 2024.

5. That $60,000 be allocated to Jolly Street to fix the problems caused by Councils actions and inactions that is 00067% of the $4,000,000 being squirrelled away.

6. That an amount of money be used to either extend and modify or remove the culvert on 5th Avenue that raises the flood level in Llandilo by at least 800mm and has caused flooding 5 times to some properties on 6th and 7th Avenue in the last two years.

Councillor Ross Fowler OAM FORESHADOWED a further MOTION

That:

1. The information contained in the report on Organisational Financial Review - March 2024 be received.

2. The Organisational and Financial Review as at 31 March 2024, including the revised estimates outlined in this report and detailed in the Organisational Report – March 2024, be adopted.

3. Council revote the works as detailed in the Recommended Revoted Works Lists, detailed in the Organisational Report – March 2024 for inclusion in the 2024-25 Operational Plan.

4. The third quarter surplus of $2,940,400 be transferred to the Financial Management Reserve as detailed in the Organisational Report – March 2024.

5. The budget for 2024-25 be amended by increasing the allocation for rural drainage and roads from $500,000 to $800,000 and that priority be given to the issues of the 5th Avenue culvert and matters relating thereto.

The MOTION was PUT.

The MOTION was LOST.

A FORESHADOWED MOTION moved by Councillor Ross Fowler OAM seconded John Thain was PUT.

The FORESHADOWED MOTION was CARRIED and on becoming the SUBSTANTATIVE MOTION was also CARRIED.

129 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain

That:

1. The information contained in the report on Organisational Financial Review - March 2024 be received.

2. The Organisational and Financial Review as at 31 March 2024, including the revised estimates outlined in this report and detailed in the Organisational Report – March 2024, be adopted.

3. Council revote the works as detailed in the Recommended Revoted Works Lists, detailed in the Organisational Report – March 2024 for inclusion in the 2024-25 Operational Plan.

4. The third quarter surplus of $2,940,400 be transferred to the Financial Management Reserve as detailed in the Organisational Report – March 2024.

9 Review of Grants Received by Council

130 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain

That the information contained in the report on Review of Grants Received by Council be received.

URGENT BUSINESS

UB 1 Request for Leave of Absence

Councillor John Thain requested Leave of Absence from 5 June 2024 to 5 July 2024 inclusive.

131 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor Todd Carney ruled that the matter was urgent and should be dealt with at the meeting.

132 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that leave of absence be granted to Councillor John Thain from 5 June 2024 to 5 July 2024 inclusive.

UB 2 Penrith Community Kitchen Volunteers

Councillor John Thain requested a total of $1760 from Voted Works be split between the three wards to cover the cost of 16 volunteers from the Penrith Community Kitchen to attend the Mayoral Charity Ball.

133 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor Todd Carney ruled that the matter was urgent and should be dealt with at the meeting.

134 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the total of $1760 from Voted Works be split between the three wards to cover the cost of 16 volunteers from the Penrith Community Kitchen to attend the Mayoral Charity Ball.

UB 3 Request for Leave of Absence

Councillor Jonathan Pullen requested Leave of Absence from 28 May 2024 to 25 June 2024 inclusive.

135 RESOLVED on the MOTION of Councillor Jonathan Pullen seconded Councillor Marlene Shipley that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor Todd Carney ruled that the matter was urgent and should be dealt with at the meeting.

136 RESOLVED on the MOTION of Councillor Jonathan Pullen seconded Councillor Marlene Shipley that leave of absence be granted to Councillor Jonathan Pullen from 28 May 2024 to 25 June 2024 inclusive.

UB 4 Attendance at Council Meetings

Councillor Ross Fowler OAM requested that a report be brought back to Council on the meeting procedures in relation to attendance at public Council Meetings.

137 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor Todd Carney ruled that the matter was urgent and should be dealt with at the meeting.

138 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies that a report be brought back to Council on the meeting procedures surrounding physical attendance at public Council Meetings.

UB 5 Request for Leave of Absence

Councillor Mark Davies requested Leave of Absence from 8 July 2024 to 18 July 2024 inclusive.

139 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor Todd Carney ruled that the matter was urgent and should be dealt with at the meeting.

140 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev that the leave of absence be granted to Councillor Mark Davies from 8 July 2024 to 18 July 2024 inclusive.

Committee of the Whole

141 RESOLVED on the MOTION of Councillor Jonathan Pullen seconded Councillor Kevin Crameri OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:00pm.

1 Presence of the Public

CW1 RESOLVED on the motion of Councillor Jonathan Pullen seconded Councillor Kevin Crameri OAM 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 - 158-164 Old Bathurst Rd, Emu Plains

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 Council Property - New Lease - 35B Colorado Dr, St Clair - Community Land

Outcome 2

4 Request For Major Event Sponsorship - Paddle Australia Limited

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.

Outcome 5

5 Council Property - New Lease - Suite 1, 54 Henry Street Penrith

The meeting resumed at 8:24pm and the General Manager reported that the Committee of the Whole met at 8:00pm on Monday, 27 May 2024, the following being present

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

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 - 158-164 Old Bathurst Rd, Emu Plains

142 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies

CW2 that the information contained in the report on Council Property - New Lease - 158-164 Old Bathurst Rd, Emu Plains be received, and no further action be taken.

3 Council Property - New Lease - 35B Colorado Dr, St Clair - Community Land

143 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marlene Shipley

CW3 That:

1. The information contained in the report on Council Property - New Lease - 35B Colorado Dr, St Clair - Community Land be received.

2. Council commence the advertising process for a new 5 year lease over 35B Colorado Drive St Clair in accordance with Section 47A of the Local Government Act 1993.

3. If any objections are received in response to the public notice, a report to be brought back to Council for consideration of those submissions.

4. If no objections are received in response to the public notice, Council approves the proposed lease agreement over 35B Colorado Drive St Clair under the terms and conditions listed within the report.

5. All funds received from the lease be allocated to the Property Reserve.

6. 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.

4 Request For Major Event Sponsorship - Paddle Australia Limited

144 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Kevin Crameri OAM

CW4 That:

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

2. Council will determine an appropriate level of sponsorship including in kind support at the June Ordinary Meeting of Council, subject to receiving the following:

a) Written confirmation from the NSW State Government that they will underwrite the event.

b) Operational event plan including attendance details.

c) Marketing plan and media strategy including estimated reach.

d) Works in kind request with sufficient detail to enable accurate costing.

5 Council Property - New Lease - Suite 1, 54 Henry Street Penrith

145 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM

CW5 That:

1. The information contained in the report on Council Property - New Lease - Suite 1, 54 Henry Street Penrith be received.

2. Council enters the proposed lease over Suite 1, 54 Henry Street, Penrith on the terms and conditions detailed within this report.

3. All funds received from the lease be allocated to the Property Reserve.

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.

ADOPTION OF Committee of the Whole

146 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor John Thain

that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 8:28pm.

Ordinary Meeting 24 June 2024

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 3 June, 2024

(Note: The Local Traffic Committee Business Paper and reports were referred to members and a formal meeting held via on-line Microsoft Teams platform).

PRESENT

Councillor Karen McKeown OAM (Council Representative), Councillor Tricia Hitchen (Representative for the Member of Penrith), Councillor Robin Cook (Representative for the Member of Londonderry), Councillor Mark Rusev (Representative for the Member of Badgerys Creek), Ken Hind – Transport for NSW (TfNSW) and Raymond Tran – Transport for NSW (TfNSW).

IN ATTENDANCE

Adam Wilkinson - Engineering Services Manager (Chair), Joshua Hull – Traffic Engineering Coordinator, Phil Saverimuttu – Senior Traffic Engineer, Caitlin Bailey – Senior Traffic Engineer, Isaac Mann – Senior Traffic Engineer, Daniel Davidson – Senior Traffic Engineer, Hamish Dodson – Acting Senior Traffic Engineer, Lalaine Malaluan – Senior Transport Engineer, Dennis Anthonysamy – Senior Transport Engineer, Karl Magistrado – Traffic Engineer, Roshlyn Naidu – Trainee Engineer, Suzan Mehmet – Road Safety Officer, Chloe Lamers – Acting Engineering Services Secretary, Kylie Thornley – Traffic Administration Officer, Ben Cantor – Busways and James Duguid - Transit Systems.

APOLOGIES

Kablan Mowad – Senior Traffic Engineer and Sergeant Stephen Page - Nepean Police Area Command (PAC).

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 8 April 2024

That the minutes of the Local Traffic Committee Meeting of 8 April 2024 were confirmed.

LEAVE OF ABSENCE

Nil.

DECLARATIONS OF INTEREST

Nil.

DELIVERY PROGRAM REPORTS

Outcome 4 - We manage and improve our built environment

1 Australian Government Black Spot Program Evaluation - Penrith LGA

Councillor Tricia Hitchen (Representative for the Member of Penrith) thanked Council Officers for the report as it highlights the fantastic results of the Black Spot Program in Penrith LGA and shows how important the work we are doing is to saving lives on our roads.

Adam Wilkinson - Engineering Services Manager (Chair) advised once the report is adopted at Council’s Ordinary Meeting it will provide opportunities to make the public aware of the great results of the program through possible media releases.

Councillor Karen McKeown OAM (Council Representative) queried if funding for the Black Spot Program had been increased and wanted to say well done on the great work being done. Joshua Hull – Traffic Engineering Coordinator confirmed that funding for the Black Spot Program is being progressively increased from $110 million to $150 million through a staged increase.

RECOMMENDED

That the information contained in the report on Australian Government Black Spot Program Evaluation - Penrith LGA be received.

2 Caddens Road, Kingswood - Proposed Signage and Line Marking Improvements

RECOMMENDED

That:

1. The information contained in the report on Caddens Road, Kingswood - Proposed Signage and Line Marking Improvements be received.

2. The proposed signage and line marking along Caddens Road, Kingswood be installed as shown in Appendix 1.

3. Council’s Rangers Services Department be advised of Council’s resolution.

4. Council’s Asset Management section be advised of Council’s resolution for updating of Council’s assets register.

3 Cadda Ridge Drive, Caddens – Proposed ‘Bus Zone’ Signage

Ben Cantor – Busways advised that when this issue was first raised letters were sent to residents reminding them of the NSW Road Rules parking near a bus stop but it continued so hopefully the proposed Bus Zone signage will resolve the issues.

RECOMMENDED

That:

1. The information contained in the report on Cadda Ridge Drive, Caddens – Proposed ‘Bus Zone’ Signage be received.

2. Notification be provided to affected properties regarding the proposed ‘Bus Zone’ signage on Cadda Ridge Drive, Caddens, as shown in Appendix 1.

3. Following notification to affected properties, ‘Bus Zone’ signage be installed at the existing bus stop on Cadda Ridge Drive, Caddens, as shown in Appendix 1.

4. Council’s Asset Management section be advised of Council’s resolution for updating of Council’s assets register.

5. Busways be advised of Council’s resolution.

4 Glenmore Parkway, Glenmore Park - Endorsement of Design Plans AG154 for Two Roundabouts, Barriers/Fencing and Traffic Calming along a Black Spot Length

Ben Cantor – Busways queried if access for buses in every direction will be maintained at the roundabouts.

Joshua Hull – Traffic Engineering Coordinator advised swept paths will be based on buses as the design vehicle to ensure they have full circulation with the relevant clearances.

RECOMMENDED

That:

1. The information contained in the report on Glenmore Parkway, Glenmore Park - Endorsement of Design Plans AG154 for Two Roundabouts, Barriers/Fencing and Traffic Calming along a Black Spot Length be received.

2. Consultation be undertaken with affected properties regarding the proposed upgrades along the identified Black Spot length on Glenmore Parkway, Glenmore Park, as shown in Design Plans AG154 (Attachment 1).

3. Subject to no substantial objections, Design Plans AG154 be endorsed for construction, with funding provided from the Australian Government Black Spot Program 2023/24.

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.

5 John Morphett Place, Erskine Park - Proposed Removal of Existing 'Bus Zone'

RECOMMENDED

That:

1. The information contained in the report on John Morphett Place, Erskine Park - Proposed Removal of Existing 'Bus Zone' be received.

2. The proposed signage and line marking along John Morphett Place, Erskine Park be installed as shown in Appendix 1.

3. Council’s Rangers Services Department be advised of Council’s resolution.

4. Council’s Asset Management section be advised of Council’s resolution for updating of Council’s assets register.

6 13-15 Luttrell Street, Glenmore Park - Provision of 'No Parking - Waste Collection Vehicles Excepted' Zone

Ken Hind – Transport for NSW (TfNSW) queried whether waste collection will be occurring on more than one day for the development with regards to why the signage is proposed as full-time.

Joshua Hull – Traffic Engineering Coordinator is unaware if waste collection will be isolated to one day, however advised that the reason for the full-time signage is to discourage people from parking there all together (other than pick-up and drop-off activities).

RECOMMENDED

That:

1. The information contained in the report on 13-15 Luttrell Street, Glenmore Park - Provision of 'No Parking - Waste Collection Vehicles Excepted' Zone be received.

2. The signage plan prepared by Capital Engineering Consultants (Project No. SW23204, Drawing No. CIVL013, revision 03, dated 17/05/2024) be endorsed for installation, as shown in Appendix 1.

3. All works associated with the implementation of the signposting shall be undertaken by the applicant at no cost to Council.

4. Council’s Rangers be advised of Council’s resolution.

5. Council’s Development Engineers and the applicant be advised of Council’s resolution.

7 60 - 64 Copeland Street, Kingswood - Proposed Line Marking Plan

Councillor Robin Cook (Representative for the Member of Londonderry) expressed she is pleased to see this improvement happening.

RECOMMENDED

That:

1. The information contained in the report on 60 - 64 Copeland Street, Kingswood - Proposed Line Marking Plan be received.

2. The line marking plan prepared by Fang Architects, Project No. 190601, Dated 15.05.24, Rev B, be endorsed for installation, as shown in Appendix 1.

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

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

8 578 Great Western Highway, Claremont Meadows - Proposed Signage Plan

Councillor Tricia Hitchen (Representative for the Member of Penrith) raised concerns about the extra traffic volume the development will add at the signalised intersection of Reserve Road, Great Western Highway and Werrington Road given current works in the area.

Adam Wilkinson - Engineering Services Manager (Chair) advised that the signage plan related to an approved DA. There will be no connection of Gipps Street to the Great Western Highway. Traffic studies have found the signals (Reserve/GWH) to still operate satisfactorily. Council continues to advocate for improvements to the GWH/Werrington/Reserve signals and also for the Werrington Arterial Stage 2.

Joshua Hull – Traffic Engineering Coordinator advised that traffic congestion was a key consideration for the DA and was approved with ingress to occur on the Great Western Highway and egress via the local road network with minimal impact on the existing operation of the signalised intersection. Council will continue to monitor traffic at this location post the DA being completed.

Ken Hind – Transport for NSW (TfNSW) queried if old Gipps Street will be upgraded to allow access to the south in the future. Adam Wilkinson - Engineering Services Manager (Chair) advised that this has not yet been determined but there is potential for it in the future.

RECOMMENDED

That:

1. The information contained in the report on 578 Great Western Highway, Claremont Meadows - Proposed Signage Plan be received.

2. The signage and line marking plans prepared by C&M Consulting Engineering (Drawing No. 02819_251, revision B, dated 11/04/2024) be endorsed for installation, as shown in Appendix 1.

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

4. Council’s Rangers be advised of Council’s resolution.

5. Council’s Development Engineers and the applicant be advised of Council’s resolution.

GENERAL BUSINESS

GB 1 Ken Hind (TfNSW) – Contract Expiring

Ken Hind – Transport for NSW (TfNSW) advised this was his last Local Traffic Committee Meeting for Penrith City Council as his contract is due to expire. His replacement will be Siva Balasubramaniam starting on 11 June 2024. Ken wanted to thank Penrith Council for having him on the Committee.

Adam Wilkinson – Engineering Services Manager (Chair) expressed appreciation to Ken for his efforts on the Committee, tremendous support and providing us with valuable feedback.

RECOMMENDED

That the information be noted.  

GB 2 College Street, Cambridge Park

Councillor Karen McKeown OAM (Council Representative) has received representations from Bright Stars Kindergarten raising concerns about speeding on College Street, Cambridge Park and requesting a pedestrian refuge be considered. Councillor McKeown thought that a pedestrian refuge may unlikely be warranted in this location given the low pedestrian volumes and requested that speeding be investigated as the main concern.

RECOMMENDED

That Council’s Traffic Engineering Officers to request the installation of the Variable Speed Trailer and to arrange speed counts to be carried out on College Street, Cambridge Park near Bright Stars Kindergarten. 

GB 3 St Marys Bus Interchange

Ben Cantor – Busways would like to seek clarification on who is responsible for the St Marys Bus Interchange at the northern end of Queen Street and if it is Council or TfNSW as one of their cleaning contractors received a fine recently for accessing the area.

Adam Wilkinson – Engineering Services Manager (Chair) advised that currently the area is under the management of Transport for NSW whilst the Sydney Metro works are is being delivered but once it is completed then it will be handed over to Council. The signage and traffic management was designed and implemented by TfNSW. The issue of “Authorised Vehicles Only” should be clarified with TfNSW under the Busways contract for service and how this may relate not just to buses but service and cleaning vehicles.

RECOMMENDED

That Council’s Traffic Engineering Officers to make internal enquires with Council’s Sydney Metro Project contact to seek clarification on who is classified as an authorised vehicle within the St Marys Bus Interchange area at the northern end of Queen Street.

There being no further business the Chairperson declared the meeting closed the time being 9:50am.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 3 June, 2024 be adopted.

Ordinary Meeting 24 June 2024

REPORT AND RECOMMENDATIONS OF THE
Penrith Community Safety Partnership MEETING

HELD ON 28 March, 2024

PRESENT

His Worship the Mayor, Councillor Todd Carney, Olivia Kidon, Penrith City Council; Julie Page, Nepean Blue Mountains Local Health District - Needle and Syringe Program; Jo Tomic, St Marys Town Centre; Colin Mitchell, Nepean Police Area Command; Erin Davidson, Penrith City Council; Heather Chaffey, Penrith City Council; Megan Whittaker, Penrith City Council; Jeni Pollard, Penrith City Council; Tim Stubbs, Nepean Police Area Command; Vanessa Donald-Smith, DV West; Eloise Milthorpe, Population Health – Nepean Blue Mountains Local Health District.

APOLOGIES

Gai Hawthorn, Penrith City Centre Association; Joy Impiombato, Nepean Community and Neighbourhood Services; Craig Busby, Nepean Police Area Command; Michael Laing, Penrith City Council; Angie Gehle, Women’s Domestic Violence Court Advocacy Service; Samantha, The Havem – Women’s Community Shelter; Lee Gregory, Nepean Blue Mountains Local Health District; Kerry Dolaghan, Link Wentworth; Karen Arblaster, Nepean Blue Mountains Local Health District; Jane Townsend, Platform Youth Services.

CONFIRMATION OF MINUTES - Penrith Community Safety Partnership Meeting - 24 May 2023

That the minutes of the Penrith Community Safety Partnership Meeting of 24 May 2023 were confirmed.

DECLARATIONS OF INTEREST

Nil.

DELIVERY PROGRAM REPORTS

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

1 Implementation Update: Penrith Community Safety Plan 2023-2027

The Penrith Community Safety Plan 2023 – 2027

Olivia Kidon provided an overview of the Penrith Community Safety Plan 2023 – 2027 which was endorsed by Council at its Ordinary Meeting of 11 December 2023

The Plan outlines Council’s commitment to community safety, emphasising a ‘whole of community’ approach to creating places where people feel safe and connected. The Plan was developed following extensive community and stakeholder engagement and the analysis of local crime data and trends.

The draft plan was placed on public exhibition from the 18th September to 29th October 2023.

Following the exhibition period a small number of amendments were made to strengthen the actions relating to community members more vulnerable to experiencing threats of violence.

The Plan includes 3 focus areas, 13 objectives and 34 actions. The priority areas and associated objectives are summarised below.

1. Thriving People

• Reducing domestic and family violence

• Supporting the capacity of and improving access to local domestic and family violence support services

• Supporting young people to feel safe and connected

• Contributing to positive mental health in our community

• Advocating for safe and affordable housing

2. Safe and Welcoming Public Spaces

• Improving lighting throughout the Local Government Area (LGA)

• Providing safe, accessible and welcoming public spaces

• Improving perceptions of safety at public transport interchanges

• Delivering local events which increase community connection

3. Partnerships for Safe Communities

• Supporting local community services to contribute to safer communities

• Advocating on key social and public infrastructure issues for a safer community

• Leading and supporting local partnerships to foster collective action for safer communities.

16 Days of Action Against Gender Based Violence Campaign 2023

Olivia Kidon spoke to the activities that Council hosted during the16 Days 2023 campaign which promoted gender equality and asserted that domestic and family violence will not be tolerated in Penrith.

Council returned to hosting the Walk Against Violence at the Nepean River, after a 3-year hiatus due to COVID, flooding events and construction works.

The walk was held on Sunday 26 November, in partnership with local community services and police and saw approximately 250 community members participate.

The walk commenced at Nepean Ave, near the blue tree, with formalities and speeches from the Mayor, Nepean Police Area Command and a representative from the Nepean Domestic Violence Network.

The walk followed the walking path along Mulberry Tree Lane and concluded at Tench Reserve where participants enjoyed a free breakfast BBQ, supported by the Penrith and Nepean Blue Mountains Rotary Clubs, free coffee, live music, a shoe display by the Zonta Club Nepean Valley which represented the lives of women and children lost to domestic and family violence during the year, and a yarn bombing workshop.

A short video was shared with the Partnership which captured highlights of the event as curated by a videographer.

Planning for the 2024 campaign is underway and Council is looking to build on previous years, including a broader social marketing approach. A steering group will be established to guide the program and representation from the Partnership is invited.

Behind Closed Doors – Domestic and Family Violence Awareness Project

Olivia Kidon updated the meeting about the Behind Closed Doors project which is a primary prevention project about increasing the capacity of women to identify behaviours and forms of abuse of domestic and family violence.

The project was first launched in 2012 and recent interest from the Nepean Liquor Accord to support and promote an awareness campaign prompted a refresh of resources and materials.

The original toilet door poster was updated and refreshed and converted further into additional resources, including:

• A3 and A4 posters

• Drink coasters

• DL information flyer

• Digital media files of various sizes for use on venue LCD screens, social media and other digital displays.

Campaign materials were provided to the Liquor Accord and are being distributed to licensed venues. Resources are also being distributed across council venues, local hairdressers and beauticians and other venues throughout the Penrith LGA.

Great River Walk Safety Upgrade Project - $1Million grant funding

The Great River Walk Safety Upgrades is a Federally funded project and includes the installation of pedestrian lighting along Mulberry Tree Lane (between Nepean Avenue and Jamison Road), Penrith to improve night-time ‘walkability’ along this section of the Great River Walk.

The project was developed and informed by the Nepean River Pedestrian Lighting Strategy. Installation of lighting is being completed in stages.

Stage one (1) and two (2) have been completed with approximately 70 pedestrian lights installed from Nepean Avenue, along Jamison Road/Tench Reserve towards the East Bank dining precinct.

Stage three (3) is currently underway with lighting for a public art piece in Tench Reserve.

Due to surplus grant funding, a variation is currently being sought from the Federal Government for stage four (4) which would result in a further 13 pedestrian lights installed from East Bank Dining precinct to the M4 bridge.

Review of the Penrith Community Safety Partnership

Heather Chaffey advised that the Penrith Community Safety Partnership was established in 2004 with a review of the constitution undertaken in 2013.

Following the recent endorsement of the Penrith Community Safety Plan 2023-2027, an opportunity now exists to review the governance, structure and approach of the partnership and how best members can support and implement delivery of the Plan priorities.

A review of member organisations will also take place to ensure service representation is inclusive of vulnerable groups listed within the Community Safety Plan.

RECOMMENDED

That the information contained in the report on the Implementation Update: Penrith Community Safety Plan 2023-2027 be received was moved and seconded.

REGULAR ITEMS

Nepean Police Area Command (PAC) Update

Colin Mitchell provided an update on the structure of the Crime Prevention Unit at Nepean Police Area Command. The unit comprises of the Crime Prevention Officer, Youth Liaison Officers, Aboriginal Community Liaison Officer, Multicultural Community Liaison Officer, and the Licensing and the Domestic Violence teams.

Colin provided a summary of crime categories for the Nepean PAC and how they were trending for the first quarter of 2024.

Vehicle theft is high in the LGA. Thieves as young as 12-13 are targeting high end vehicles on behalf of organised crime gangs.

Retail theft and shop lifting is also high. Colin advised that he can support businesses through the completion of a crime risk assessment and presentation.

Domestic Violence legal action rates are up. Colin did not have specific statistics available, but it was noted they are of interest for future meetings.

There are a small amount of one-way number plate screws available at Nepean Police for residents requesting them (to aid in the prevention of car number plate thefts). Nepean Police also have the tool needed for removal. Please refer all enquires to Colin.

Nepean Domestic Violence Network Update

Erin Davidson explained the Nepean Domestic Violence Network (NDVN) is a group of representatives from Government and non-government organisations that meet monthly, to work together to share information and deliver campaigns to promote early intervention and prevention of domestic and family violence.

The Community Safety Team convenes the NDVN and encourages local service collaboration and cross sector development for local services. Council’s role includes:

• Support for advocacy work and project delivery,

• Facilitation and administrative support for monthly Network meetings,

• Coordination and facilitation of annual planning days,

• Management and moderation of the NDVN website and Facebook page,

• Email information and exchange.

Current projects of the Nepean Domestic Violence Network

Domestic and Family Violence Service Expo

The Expo will provide a valuable opportunity for all service providers to learn about domestic and family violence services available in the Penrith LGA. The NDVN is inviting services to showcase and talk about their services and programs available to women seeking support.

This work will address the diverse and intersectional needs of vulnerable groups including individuals living with disabilities, seniors, and members of our multicultural and First Nations communities.

The Expo will include services and information on housing, case management, court support and information on apprehended domestic violence orders (ADVO), legal advice, temporary accommodation, health services, crisis and counselling support, financial assistance, police support and referral pathways.

The Expo was proposed to be held in May, however has been postponed to be delivered in November during the 16 Days of Action, as we look to maximise service participation.

Love Bites Respectful Relationships Program

The Love Bites program is a healthy relationships education program for young people aged 15 -17.

The Network is looking to undertake facilitator training to increase capacity to deliver the program to high school students across the Penrith LGA. Council is also exploring opportunities to support the Network with the coordination of program delivery.

GENERAL BUSINESS

Increase in rough sleeping – City Park and The Mondo

Colin Mitchell advised that there has been an increase in the number of rough sleepers being reported to the police.

A risk assessment has been undertaken for the Mondo and the officers from the Crime Prevention Unit are visiting the space three times a week.

If it is noted that there are rough sleepers in an area, they can be reported to police on the Police Assistance Line (PAL) 131 444 or if they are at risk of harm to themselves or other people, call Triple Zero (000). If the rough sleepers are intoxicated, police can move them on for a six-hour period.

Olivia added that in line with Council's Homelessness Protocol, Council officers work with housing and support services to engage with people sleeping rough to try to resolve their homelessness in a respectful and supportive manner, seeking the best outcomes for all concerned.

Council's Community Capacity Officers refer rough sleepers to the assertive outreach team from Link Wentworth and the Department of Communities and Justice for follow up.

The Mayor also advised that the matter of ex-prisoners being housed in accommodation in Penrith had been raised with him and the possible correlation with an increase in homelessness and community safety concerns in the community. As there were no representatives from housing agencies at the meeting, Heather advised that the Community Safety team will provide a follow up response to the Mayor regarding this following a discussion with local housing services.

Discarded Syringes

Mayor Todd Carney advised that Council received a complaint regarding a discarded syringe in the car park of Kingswood Neighbour Centre, adjacent to the childcare centre where a child received a needlestick injury by reaching through the fence.

Eloise Milthorpe advised that NSW Health received the same complaint.

Extensive follow up has taken place with an inspection and assessment of the location. Mesh fencing has been installed to the existing palisade fencing to restrict children reaching through the fence and all shrubbery has been trimmed and significantly thinned. Council crews are also attending regularly to inspect.

Julie from the Needle and Syringe Program has inspected the location on multiple scheduled visits to monitor the location and has reported that no further syringes or associated items have been seen.

Eloise further advised that this location is not known as a hotspot.

Council data could help inform if locations are hotspots. A review of data and collection processes will be reviewed.

There being no further business the Chairperson declared the meeting closed the time being 4:45pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 28 March, 2024 be adopted.

Ordinary Meeting 24 June 2024

Request for Major Event Sponsorship - USM Events Pty Ltd

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 USM Events Pty Ltd (t/a IRONMAN Australia) to support the delivery of the IRONMAN 70.3 Western Sydney event on 22 September 2024. The event is to be held at the Sydney International Regatta Centre (SIRC).

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

USM Events Pty Ltd has sought Council sponsorship of $20,000 (exc GST). The event proposal has been assessed and it is estimated that is could deliver approximately $1,200,000 in local economic benefit.

The IRONMAN event is well established within the Penrith LGA, having been held annually since 2014 (except for 2020 and 2021 due to COVID-19). Council provides in kind support for the event, estimated at approximately $1,200 through site presentation works including street sweeping and grass slashing.

This report recommends that Council provides sponsorship of $5,000 (exc GST) for the 2024 IRONMAN 70.3 Western Sydney event to be held on 22 September 2024. This level of funding reflects the nature of the proposed sponsorship benefits to Council and economic benefits, and that this is a well-established event on the Penrith calendar.

Background

Penrith City Council (Council) was approached by USM Events Pty Ltd (t/a IRONMAN Australia) on 5 April 2024 to consider a sponsorship proposal for the 2024 IRONMAN 70.3 Western Sydney event to be held on 22 September 2024 at SIRC.

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 $57,061 available in the 2023 – 24 budget.

Current Situation

The sponsorship proposal received from USM Events Pty Ltd for the 2024 IRONMAN 70.3 Western Sydney event requests Council funds of $20,000 (exc GST) to assist with operating costs associated with running the event, and a marketing and media campaign for a better reach, content, and impact to attract more athletes from outside of the region.

While not part of their application, the organisers have indicated that they will once again seek in-kind assistance with site presentation. Council’s site presentation works are estimated at a minimum value of $1,200 for the event.

Further details on the event are provided below:

2024 IRONMAN 70.3 Western Sydney

IRONMAN 70.3 Western Sydney is part of the global IRONMAN 70.3 series of 95 marathon events which together attract over 120,000 athletes each year. Each of the events offer qualifying positions to take part in the IRONMAN 70.3 World Championships which rotates destinations throughout the world each year. IRONMAN events have taken place in Australia for over 30 years.

The 2024, IRONMAN 70.3 Western Sydney will include a 1.9km swim, 90km bike ride and 21km run for individuals or teams at the SIRC and will include for the first time ever a sprint triathlon.

The event is estimated to attract approximately 4,193 attendees, including:

• 1,189 participants (80 local, 822 other NSW, 185 interstate, and 102 international)

• 3,004 volunteers, spectators and staff (454 local, 1886 other NSW, 440 interstate, 224 international)

It is anticipated that a majority (80%) of participants will stay within the Penrith Local Government Area (LGA) for approximately 1- 2 nights.

Previous Council Sponsorship provided to USM Events Pty Ltd

Previous iterations of the IRONMAN event have been held in Penrith since 2014. Council has supported this event annually (except for 2020 and 2021 which were cancelled due to COVID-19) through in-kind marketing and tourism support, traffic management and site presentation works.

The first time that the event organisers requested financial support was in 2022 and sponsorship to the value of $20,000 (exc GST) was endorsed, in addition to the in-kind support provided. This level of sponsorship occurred at that time to assist the event with a successful return following restrictions due to the COVID-19 pandemic. The event was sponsored again in 2023 for $5,000 (exc GST).

Proposed Sponsorship Benefits

The sponsorship opportunities presented by USM for the 2024 event would provide Council and the community of Penrith with several benefits including:

· Council recognised publicly as an Event Partner

· 20m of race-side mesh with Council branding (provided by USM Events)

· Logo placements on event website and in digital Athlete Information Guides (with backlink to Visit Penrith)

· 3 x MC announcements acknowledging Council as an event sponsor

· 3 x signage opportunities through event site (signage provided by Council)

· 2 x electronic direct mail (EDM) and other digital content advertising Penrith as a destination provided to registered event attendees and participants (content provided by Council)

· 2 x pre-event social media posts on event specific channels (content supplied by Council)

· All social posts advertising the event to include the ‘Visit Penrith’ hashtag.

Assessment of sponsorship proposal

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

The event encourages community involvement and partnership, overnight visitation as well as providing positive economic benefits to the local Penrith economy that exceed the total cost of running the event.

Based on the projected event visitation, Council officers have estimated the economic benefit of the scheduled event to the local economy is approximately $1,200,000.

This estimate is calculated using data provided by the applicant including participant numbers and type of participation expected during the event (e.g. overnight or day stay). The Tourism Research Australia tool is then used to input the data provided by the applicants. This tool is used by Destination NSW to set the standard rates of economic impact per visitor per event. This information is then inputted into the Profile ID Event Impact Calculator to determine the return on investment for each event.

The applicant has applied for $20,000 (exc GST) of sponsorship from Council in support of the event. Council officers have considered the proposed benefits and the strategic benefit to Council in sponsoring the event. As a return event long held in Penrith, sponsorship of the event does not present a new event acquisition opportunity. The event is not contingent on Council’s sponsorship to be economically viable or to be hosted in Penrith.

Sponsorship of $5,000 (exc GST) is considered appropriate to support this event and is consistent with the level of funding provided in 2023. This level of funding reflects the nature of the proposed sponsorship benefits to Council, including the opportunity to promote Penrith as a destination to over 4,193 attendees. 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.

It is recommended that sponsorship of $5,000 (exc GST) to USM Events Pty Ltd be endorsed. This level of funding reflects the nature of the proposed sponsorship benefits to Council, and the estimated economic benefits. As in previous years, Council will continue to support the event through works in kind for site presentation which have been estimated at a minimum value of $1,200 based on previous held IRONMAN events.

Financial Implications

The Penrith Events Partnership Program provides up to $200,000 annually to fund major and community events in the Penrith Local Government Area. This funding is available within the existing City Activation, Community and Place budget included in Council’s 2023-24 Operational Plan.

To date for this financial year, Council has endorsed a total of $85,411 (exc GST) worth of major and community event sponsorships.

In addition, $54,528 of sponsorships were adopted by Council in the 2022-23 financial year which will be paid in 2023-24 financial year after the events have occurred and conditions of the Sponsorship funding have been met and a further $3,000 of grandfathered arrangements have been paid in 2023-24. There is currently $57,061 remaining in the 2023-24 Event Sponsorship Program budget.

A total of five sponsorship requests, two Community Event and three Major Events, totalling $20,000 (exc GST) are tabled for consideration by Council in tonight's meeting. As both are to occur in next financial year, should the proposals progress as recommended they will be funded out of the 2024-25 Events Sponsorship Program budget. The remaining funds available for 2024-25 will be $127,800.

Risk Implications

If the sponsorship is endorsed, Council will enter into a sponsorship agreement with USM Events Pty Ltd (t/a IRONMAN Australia) 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 USM Events Pty Ltd (t/a IRONMAN Australia). The request seeks a total of $20,000 (exc GST) for the 2024 IRONMAN 70.3 Western Sydney event at the Sydney International Regatta Centre.

The IRONMAN event is well established within the Penrith Local Government Area, having been run here since 2014 (except for 2020 and 2021). It is estimated that the return to the community of Penrith from the event could be in the order of $1,200,000 in economic benefit.

Council officers have assessed the proposal against the Events Sponsorship Policy. A total sponsorship value of $5,000 (exc. GST) is considered appropriate as a contribution to event expenses. This level of funding reflects the nature of the proposed sponsorship benefits to Council, and the estimated economic benefits.

As for previous years, Council will continue to support the event through works in kind, which based on previous events have been estimated at a minimum value of $1,200 for site presentation works.

Should Council resolve to endorse the sponsorship proposal, Council will enter into a sponsorship agreement with USM Events Pty Ltd (t/a IRONMAN Australia) 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 - USM Events Pty Ltd be received

2. Council endorse sponsorship funding of $5,000 (exc GST) to USM Events Pty Ltd (t/a IRONMAN Australia) in support of the 2024 IRONMAN 70.3 Western Sydney event.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 24 June 2024

Requests for Community Event Sponsorship

Compiled by: Nikki Akbar, Events Lead

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 two requests for Community Event Sponsorship. Community events bring people together while adding energy and vibrancy to the City and the lives of our residents.

The requests are made by Team Colyton (an auspice of Community Junction Incorporated) for the Colyton Carols event, and Riff Raff Artist Run Initiative for a Library Project Open Day event. The total value of the two community event sponsorship requests received is $2,000 (exc. GST). This report provides Council with details of the sponsorship proposals received, including the sponsorship benefits.

Officers have assessed the two applications against Council’s Event Sponsorship Policy and recommend they be supported.

Together these generate social benefits for the local Penrith community, offering a range of local recreational, cultural and celebratory experiences that make a positive contribution to community life.

This report recommends that Council provides $1,000 (exc. GST) in community event sponsorship to Team Colyton in support of the Colyton Carols event and $1,000 (exc. GST) in community event sponsorship to Riff Raff Artists Run Initiative in support of their Library Project Open Day event.

Background

Council endorsed the Think Penrith, Think Events – Penrith Events Strategy 2020 – 2024 in June 2020. The Events Strategy provides up to $200,000 annually to support the attraction and retention of major and community events in the Penrith Local Government Area. There is currently $57,061 available in the 2023-24 Event Sponsorships Budget.

At last month’s Council meeting a report on the proposed Community Funding Program was endorsed for Public Exhibition. In that report it was proposed that minor changes be made to the policy framework for community event support. However these proposals are assessed against Council’s current policy framework.

Requests for Community Event Sponsorship

1. Team Colyton (an auspice of Community Junction Incorporated) – Colyton Carols

Council was approached by Team Colyton on 30 April 2024 to consider sponsorship of their Colyton Carols to be held on the 7th of December 2024 at Kevin Dwyer Reserve. Team Colyton is a volunteer-based group that operates under the auspice of Community Junction Incorporated and work to plan and deliver free events and activities for the Colyton community. Community Junction are a local community-based organisation providing a range of low or no cost services to residents, which include children, young people, Indigenous and community programs in response to local interests and needs.

The sponsorship proposal received from Team Colyton for the 2024 Colyton Carols requests Council funds of $1,000 (exc. GST) for sponsorship to assist with the hire of a stage, chairs, and entertainment.

Colyton Carols is a community event that attracted 3,000 attendees in 2023 and has been held annually since 2015. The event has a strong local focus, working with local businesses, entertainers and community groups and has become a key event in Colyton community.

Previous Council Funding of Team Colyton and Community Junction Incorporated

Team Colyton and Community Junction has not previously received event sponsorship from Council but has received other funds for a range of programs through the Community Assistance Program (CAP). Team Colyton is an unincorporated group and in order to appropriately receive and manage sponsorship funds has an auspice arrangement with Community Junction Incorporated.

Community Junction Incorporated has previously received funding from Council through CAP for various community service initiatives between 2018 and 2023. The total funding provided by Council through CAP grants to Community Junction during this period has been $42,182.

2. Riff Raff Artists Run Initiative – The Library Project Open Day

Council was approached by Riff Raff Artists Run Initiative (Riff Raff) on 14 May 2024 to consider sponsorship of their project, The Library Project Open Day to be held on 3 August 2024 at Penrith City Library. Riff Raff is an artist run initiative, working frequently with The Lewers Bequest and Gallery to present workshops and cultural experiences to encourage young creatives and practitioners to pursue rewarding careers in the creative industries.

The Library Project Open Day is a launch event to raise awareness of their programs and activities including a number of interviews with local arts figures. The group have developed a number of photo and video works which will be launched alongside a magazine and mixed media installation and provide opportunities for young artists to interact with guest speakers and practitioners in the local arts sector. Importantly, the event will provide a platform for young practitioners to build their networks.

The event aligns with the objectives of Council’s Cultural Strategy and Action Plan 2024-2028 by supporting local artists and creatives through quality professional development, networking and employment opportunities (Action 9) and utilising Council’s existing buildings and facilities to support arts and cultural activities (Action 17).

The sponsorship proposal received from Riff Raff for the Library Project Open Day requests Council funds of $1,000 (exc. GST) for sponsorship to assist with the payment of speaker/artists fees and catering.

Previous Council Funding of Riff Raff Artists Run Initiative

Council have not previously provided funding to Riff Raff Artist Run Initiative.

Assessment of sponsorship proposals

All sponsorship proposals have been assessed against Council’s Events Sponsorship Policy criteria for Community Event Sponsorship. To receive funding, the event/activity must satisfy the following eligibility criteria:

· Must take place in the Penrith Local Government Area

· Provide opportunity for Council’s support to be recognised publicly

· Preference will be given to events/activities that provide free attendance

· Should be in line with and not conflict with the objectives and mission of Council.

Both proposals are deemed eligible for sponsorship from Council and are recommended for full support.

Financial Implications

The Penrith Events Partnership Program provides up to $200,000 annually to fund major and community events in the Penrith Local Government Area. This funding is available within the existing City Activation, Community and Place budget included in Council’s 2023-24 Operational Plan.

To date for this financial year, Council has endorsed a total of $85,411 (exc GST) worth of major and community event sponsorships.

Risk Implications

If the sponsorship proposals are endorsed, Council will enter into sponsorship agreements with the event organiser to detail the expected sponsorship benefits to be delivered to Council and the community in exchange for Council’s investment.

Conclusion

Council has received two requests for community event sponsorship, from Team Colyton (an auspice of Community Junction Incorporated) for a Colyton Carols event and Riff Raff Artists Run Initiative for a Library Project Open Day.

The requests total $2,000 (exc. GST) in support of the delivery of two community events within the Penrith Local Government Area that contribute to celebrating and building a strong and connected local community.

The report recommends that Council endorse the two sponsorship requests for a total investment of $2,000 (exc. GST).

RECOMMENDATION

That:

1. The information contained in the report on Requests for Community Event Sponsorship be received

2. Council endorse sponsorship of $1,000 (exc. GST) to Team Colyton in support of Colyton Carols 2024 event

3. Council endorse sponsorship of $1,000 (exc. GST) to Riff Raff Artists Run Initiative in support of The Library Project Open Day event

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 24 June 2024

Request For Major Event Sponsorship - Band Association of NSW Incorporated

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 the Band Association of NSW Incorporated (BANSW) to support the delivery of the 2024 NSW State Band Championships event on 24 – 25 August 2024. The event is to be held at the Joan Sutherland Performing Arts Centre (JSPAC).

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

BANSW has sought major events sponsorship of $8,000 (exc GST). Council officers estimate the event could deliver approximately $2,200,000 in local economic benefit.

This report recommends that Council provides sponsorship of $8,000 (exc. GST) for the 2024 NSW State Band Championships to be held on 24 – 25 August 2024.

Background

Penrith City Council (Council) was approached by the Band Association of NSW Incorporated (BANSW) on 26 May 2024 to consider a sponsorship proposal for the 2024 NSW State Band Championships to be held on 24 – 25 August 2024 at JSPAC.

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 in June 2020. The Events Strategy provides for up to $200,000 annually to support the attraction and retention of major and community events in the Penrith Local Government Area. There is currently $57,061 available in the 2023 – 2024 budget.

Current Situation

The sponsorship proposal received from BANSW for the 2024 NSW State Band Championships event requests Council funds of $8,000 (exc. GST) to assist in venue hire and infrastructure costs.

Further details on the event are provided below:

2024 NSW State Band Championships

BANSW is a volunteer, not for profit association with a membership extending to approximately 120 brass and wind bands and 5,500 individuals from across NSW. BANSW is the peak organising and representative body for community and school brass and wind bands across NSW.

The State Band Championships is the pinnacle of band music competition in NSW, involving around 62 brass and wind bands from across NSW and the ACT.

The event is ticketed at a cost of $22 per person for a day ticket to spectate and is live streamed to a growing national and international audience. Social media channels reached 19,600 individual viewers in 2023.

A live stream of performances from the event will be available for free on the BANSW YouTube channel.

The event is estimated to attract a total of 4,540 people (430 local, 3,870 other NSW, 195 interstate and 45 international), including 2,790 participants and 1,750 spectators, officials and volunteers.

It is anticipated that approximately 70% of participants at the event will stay within the Penrith Local Government Area (LGA) for approximately 1 to 2 nights.

Previous Council sponsorship provided to the Band Association of NSW

Council has previously provided financial support to the Band Association of NSW to support the event being held in the Penrith Local Government Area, including:

· $8,000 for the 2023 NSW State Band Championships

· $5,000 for the 2017 and 2022 NSW State Band Championships

· $2,000 for the 2018 and 2019 NSW State Band Championships.

Proposed Sponsorship Benefits

The sponsorship opportunities presented by the Band Association of NSW for the 2024 Championships would provide Council and the community of Penrith with several benefits including:

· Have a Council representative (e.g., the Mayor or delegate) to speak at event function and/or present event medals

· Council logo on BANSW website linking to Visit Penrith website

· Council logo to appear on front page of official program identified as an Event Sponsor

· Opportunity to provide a full-page advertisement in the official event program

· Opportunity to promote key messages via BANSW Facebook page (5 x posts, content provided by Council)

· 6 x acknowledgements of Council as a sponsor throughout event via Master of Ceremonies

· 4 x TVC video advertisements played throughout event (supplied by Council)

· 2 x TVC video advertisements per day played on event livestream (supplied by Council)

· Opportunity for 2 x banners to be displayed at venue throughout event

· Provide a welcome message from the Mayor to be placed in the Official Program

· All social posts advertising the event to include the ‘Visit Penrith’ hashtag

· 3 x Electronic direct mail (EDM) and other digital content advertising Penrith as a destination provided to registered event attendees, participants, and members website (content 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 is eligible for funding from Council.

The event encourages community involvement and partnership, overnight visitation to the Penrith Local Government Area and is expected to have positive economic benefits to the local Penrith economy that exceed the total cost of running the event.

Based on the projected event visitation, Council officers have estimated the economic benefit of the scheduled event to the local economy is approximately $2,200,000.

The applicant has applied for $8,000 (exc GST) of sponsorship from Council in support of the event. Council officers have considered the proposed benefits, economic benefits and the strategic benefit to Council in sponsoring the event. As a return event regularly held in Penrith, sponsorship of the event does not present a new event acquisition opportunity.

Sponsorship of $8,000 (exc GST) is considered appropriate to support this event. This level of funding reflects the nature of the proposed sponsorship benefits to Council, including the opportunity to promote Penrith as a destination to over 4,540 attendees and over 19,000 live stream views. This level of funding is also consistent with Council’s approach to levels of sponsorship for events with comparable benefit returns.

It is recommended that sponsorship of $8,000 (exc GST) to the Band Association of NSW be endorsed. This level of funding reflects the nature of the proposed sponsorship benefits to Council, and the estimated economic benefits.

Council officers will work with the Band Association of NSW to further understand the future strategic direction of their event, and to communicate that Council is reviewing its Events Sponsorship Policy and approaches to multiyear agreements.

Financial Implications

To date for this financial year, Council has endorsed a total of $85,411 (exc GST) worth of major and community event sponsorships.

Risk Implications

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

To minimise commercial risk, funds will be paid to BANSW in instalments upon delivery of agreed deliverables and meeting agreed milestones.

Conclusion

A request for sponsorship has been received from the Band Association of NSW Incorporated. The request seeks a total of $8,000 (exc. GST) for the 2024 State Band Championships to be held on 24- 25 August 2024 at the Joan Sutherland Performing Arts Centre.

It is estimated that the return to the community of Penrith from the event could be in the order of $2,200,000 in economic benefit.

Should Council resolve to endorse the sponsorship proposal, Council will enter into a sponsorship agreement with the Band Association of NSW Incorporated 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 - Band Association of NSW Incorporated be received

2. Council endorse sponsorship of $8,000 (exc. GST) to the Band Association of NSW Incorporated in support of the 2024 NSW State Band Championships.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 24 June 2024

City Centre Corporations - 2024-2027 Strategic Plans and 2024-2025 Business Plans

Compiled by: Beau Reid, Place and Activations Program Manager

Authorised by: Jeni Pollard, Manager - City Resilience

Kylie Powell, Director - City Futures

Outcome	We are welcoming, healthy, happy, creative and connected
Strategy	Enhance community wellbeing, safety and neighbourhood amenity
Principal Activity	Work in partnership to support the revitalisation of the Penrith, St Marys and Kingswood centres

Executive Summary

The St Marys Town Centre Corporation and Penrith CBD Corporation (the City Centre Corporations) have submitted their Strategic Plans for the 2024-2027 period, and their Business Plans for the 2024-25 Financial Year, which are attached for Council’s review. This report provides an overview and commentary on the documentation submitted.

At the Ordinary Meeting held on 27 May 2024 Council endorsed to enter into a Service Level Agreement with the City Centre Corporations for the period 2024 –2027, based on an agreed a Key Performance Indicator Framework guiding the focus areas, governance and performance of the Corporations.

The Strategic Plans prepared by the Corporations set the foundation and framing for the activities of the Corporations over the coming 3 years, which are set into action through their Annual Business Plans.

The Annual Business Plans of the Corporations 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 financial year 2023 - 2024 will be reported and presented through individual annual reports provided by each of the City Centre Corporations and are due to be reported to Council in October 2024.

This report recommends that Council note and receive the proposed 3-year Strategic Plans and Annual Business Plans of the St Marys Town Centre Corporation and Penrith CBD Corporation for the 2024 - 2025 Financial Year.

Background

Penrith City Council works with the St Marys Town Centre Corporation and Penrith CBD Corporation 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 activities towards the expected growth in residential development in the centres and the opportunities that are presented by this growth. They have been working with businesses coming into the centres and supporting existing businesses to leverage off new growth and respond to economic challenges.

At its 27 May 2024 Ordinary Meeting, Council endorsed a Key Performance Indicator Framework (KPIs) which was informed by the Triennial Impact Review of the City Centre Corporations undertaken in 2023. The KPIs were developed by the City Centre Corporations in consultation with Council and are consistent with the need of the Corporations to continue to build their profile with local businesses, explore opportunities to promote the centres to investors, businesses and consumers, as well as respond to the contemporaneous needs of businesses.

In 2024-2025, the St Marys Town Centre Corporation will be paid $392,943 (exc. GST) to undertake the proposed activities as outlined in their KPIs and their Business Plan. The Penrith CBD Corporation will be paid $516,273 (exc. GST).

St Marys Town Centre Corporation Strategic Plan 2024-2027 and Business Plan 2024-2025

The St Marys Town Centre Corporation has identified working with businesses and the community to respond to significant change as a key focus of its activities over the coming 3 years. They will seek to capitalise on the significant developments through the Sydney Metro Western Sydney Airport project, the new St Marys Central Park and increasing private residential development in the centre.

The Corporation’s 3-year strategic plan for 2024-2027 is provided at Attachment 1 and Business Plan for 2024-25 is provided at Attachment 2 for Council’s consideration.

The Corporation seeks to focus its efforts over the coming period on building awareness and the profile of St Marys to attract investment and visitation, particularly to harness the opportunities that stem from being the connecting centre with the Western Sydney International Airport via the new metro line.

Surplus funds

Council has noted over a number of years a significant amount of unspent surplus funds held as cash surplus by the St Marys Town Centre Corporation. St Marys Town Centre Corporation advised Council on 2 May 2024 that their current operating surplus balance was $317,000. Councillors were advised of this information via memo on 6 May 2024.

As part of the preparation of their operating budget, the Corporation has identified a number of additional one-off projects to be delivered in 2024-25 which will utilise the available surplus funds balance. These projects include the completion of the East Lane Shade Sail capital works project, additional funds to support streetscape improvements including those identified in the St Marys Place Plan, a marketing campaign and business pulse check.

Should the surplus funds be expended as forecast, the remaining surplus balance will be $87,000, which will be carried over and utilised by the Corporation in the 2025-26 financial year.

The forecasted remaining surplus presumes that the Corporation does not produce another surplus operating result on the conclusion of the 2023-24 financial year. The Corporation’s Annual Report and Audited Financial Statements for the 2023-24 financial year will be reported to Council in October 2024, which will provide updated information on the financial position of the Corporation.

Penrith CBD Corporation – Strategic Plan 2024-2027 and Business Plan 2024-2025

The Penrith CBD Corporation seeks to focus its efforts over the coming 3-year period on building awareness and the profile of the City Centre to attract investment and visitation, particularly to harness the opportunities that stem from the opening of the Western Sydney International Airport in 2026.

The Corporation has identified a continued desire to proactively engage with businesses that may be considering locating to the City Centre, whilst actively supporting those that have already chosen to invest in property or businesses, through an active workshop and training program.

The Corporation will continue the delivery of business-to-business networking events such as their Coffee Catch-ups and quarterly Twilight Networking events, as well as an annual ‘Property Owners Information Night’ to showcase major developments in the Penrith City Centre and surrounds. The existing business improvement program will continue to support property owners within the centre with small-scale building and façade improvements that improve Penrith City Centre’s place appeal.

The Penrith CBD Corporation’s proposed Strategic Plan 2024-2027 and Annual Business Plan 2024-2025 is attached to this report for Council’s consideration (Attachment 3).

Financial Implications

St Marys Town Centre Limited and Penrith CBD Corporation Limited have submitted their Annual Business Plans for the 2024-25 financial year. The Annual Reports and Audited Financial Statements for 2023-24 are to be reported to Council in October 2024.

The 2024-25 Operational Plan proposes a continuation of Business Sub-category rates to fund the St Marys Town Centre Corporation and Penrith CBD Corporation activities outlined in the Business Plan submitted for the 2024-25 financial year.

Risk Implications

There are no risk implications associated with this report.

Conclusion

The St Marys Town Centre Corporation and Penrith CBD Corporation have submitted their Strategic Plans for the period 2024-2027 and Annual Business Plan for the 2024-25 financial year for Council to review. The Corporations have identified continued desires to proactively engage with businesses that may be considering establishing their shopfronts in either centre, and working with existing businesses to respond to new opportunities and change as a result of significant public and private investment.

The Annual Reports and Audited Financial Statements of each Corporation for the 2023-24 Financial Year are due to be reported to Council in October 2024.

The proposed Strategic Plans and Annual Business Plans of the St Marys Town Centre Corporation and Penrith CBD Corporation are considered to support the interests of all stakeholders, including businesses, property owners and residents in the St Marys and Penrith City Centres respectively.

RECOMMENDATION

That the information contained in the report on City Centre Corporations - 2024-2027 Strategic Plans and 2024-2025 Business Plans be received

ATTACHMENTS/APPENDICES

1. ⇩	St Marys Town Centre Corporation - Strategic Plan 2024-27	11 Pages	Attachments Included
2. ⇩	St Marys Town Centre Corporation - Business Plan 2024/25	16 Pages	Attachments Included
3. ⇩	Penrith CBD Corporation - Strategic Plan 2024-27 and Business Plan 24/25	16 Pages	Attachments Included

Ordinary Meeting 24 June 2024

Request For Major Event Sponsorship - Blacktown Western Warriors

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 a major event sponsorship proposal received from the Blacktown Western Warriors to support the delivery of the 2024 Blacktown Red Belly Warriors (BRBW) Knockout on the 21 September 2024. The rugby league event is to be held at The Kingsway, Werrington.

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

The Blacktown Western Warriors has sought Council sponsorship of between $5,000 and $10,000 (exc GST). Council officers estimate the event could deliver approximately $467,000 in local economic benefit to Penrith LGA.

This report recommends that Council provides sponsorship of $5,000 (exc. GST) for the 2024 Blacktown Red Belly Warriors (BRBW) Knockout to be held at The Kingsway, Werrington on 21 September 2024.

Background

Penrith City Council (Council) was approached by the Blacktown Western Warriors on 7 May 2024 to consider a sponsorship proposal for the Blacktown Red Belly Warriors (BRBW) Knockout 2024 to be held on 21 September 2024 at the Kingsway, Werrington.

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 in 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 $57,061 available in the 2023-24 Event Sponsorships Budget.

Current Situation

The sponsorship proposal received from Blacktown Western Warriors for the Blacktown Red Belly Warriors (BRBW) Knockout rugby league event requests Council funds of between $5,000 and $10,000 (exc. GST) to assist with operational costs to host the event including temporary infrastructure, trophies and children’s entertainment.

Further details on the event are provided below.

Blacktown Red Belly Warriors Knockout

Blacktown Western Warriors are an Aboriginal Rugby League Knockout Club that was established over 30 years ago and has men’s, women’s, 15- and 17-year-old boys and girls and 13-year-old boy’s teams compete.

The club was established to provide positive opportunities for the local Aboriginal community in Western Sydney to come together, connect and compete.

The event is the only Sydney based event for teams across NSW to come together and compete. It allows teams to come to Western Sydney and immerse in culture and sport. Stall holders at the event will provide families with support and community information and Elders assist with handing out medals and trophies.

The event is estimated to attract 1500 participants (1000 local, and 500 other NSW). It is anticipated that approximately 33% of participants will stay within the Penrith Local Government Area (LGA) for approximately 1 night.

Previous sponsorship or funding support to the Blacktown Western Warriors

Council has previously allocated voted works to support the Blacktown Western Warriors for the Blacktown Red Belly Warriors (BRBW) Knockout in 2021 for $7,500 (exc GST).

Proposed Sponsorship Benefits

The sponsorship opportunities presented by the Blacktown Western Warriors for the 2024 Blacktown Red Belly Warriors (BRBW) Knockout would provide Council and the community of Penrith with several benefits including:

· 2 x Council banner at event (provided by Council).

· Opportunity for Mayor or Council representative to present a speech or medals.

· Council logo acknowledging Council’s sponsorship on all print and digital promotions.

· Council logo promoted on all teams playing attire and goal posts.

· 2 x Electronic direct mail (EDM) and other digital content advertising Penrith as a destination provided to registered event attendees and participants (content provided by Council).

· 2 x pre-event social media posts on event specific channels in the lead up to the event (content supplied by Council).

· All social posts advertising the event to include the ‘Visit Penrith’ hashtag.

Assessment of Sponsorship Proposal

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

The event will generate overnight visitation which aligns with Council’s Visitor Economy objectives. Further to this, sponsorship of this event aligns with Council’s Community Strategic Plan in supporting initiatives that respect, engage and celebrate our diverse Aboriginal and Torres Strait Islander community, their rich heritage and continuing culture (Strategy 2.5).

Based on the projected event visitation, Council officers have estimated the economic benefit of the scheduled event to the local economy is approximately $467,000.

The sponsorship proposal seeks Council investment of between $5,000 - $10,000 (exc GST). Council officers recommend sponsorship of $5,000 (exc. GST), which seeks to balance providing support to this event which delivers specific social and cultural outcomes and offers economic benefits to the City, with achieving the best value for Council and the community.

Financial Implications

To date for this financial year, Council has endorsed a total of $85,411 (exc GST) worth of major and community event sponsorships.

Risk Implications

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

Conclusion

A request for major event sponsorship has been received from the Blacktown Western Warriors. The request seeks a total of between $5,000 - $10,000 (exc. GST) in support of the 2024 Red Belly Warriors Knockout to be held on 21 September 2024 at The Kingsway, Werrington.

It is estimated that the return to the community of Penrith from the event could be in the order of $467,000 in economic benefit.

Council officers have assessed the proposal for sponsorship against the Events Sponsorship Policy. It is recommended that Council provide a total sponsorship of $5,000 (exc GST) in support of the event. This level of funding reflects the nature of the proposed sponsorship benefits to Council and the estimated economic benefits.

Should Council resolve to endorse the sponsorship proposal, Council will enter into a sponsorship agreement with the Blacktown Western Warriors 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 - Blacktown Western Warriors be received

2. Council endorse sponsorship funds of $5,000 (exc GST) to the Blacktown Western Warriors for the 2024 Blacktown Red Belly Warriors Knockout event.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 24 June 2024

Results of the Public Exhibition of amendments to Chapter E17 Orchard Hills North, and Chapter E7 Part B Glenmore Park Stage 2 and Part C Glenmore Park Stage 3 of Penrith DCP 2014

Compiled by: Owen Lay, Planner

Glen Weekley, Principal Planner

Authorised by: Christine Gough, 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	Facilitate and plan for housing diversity and liveability

Previous Items: Amendments to the Orchard Hills North, Glenmore Park Stage 2 and Glenmore Park Stage 3 Development Control Plan- Ordinary Meeting- 11 Dec 2023

Executive Summary

The purpose of this paper is to report to Councillors the outcomes of the public exhibition of amendments to Chapter E17 Orchard Hills North, and Chapter E7 Part B Glenmore Park Stage 2 and Part C Glenmore Park Stage 3 of Penrith DCP 2014.

Amendments to Chapter E17 Orchard Hills North consist of minor changes to address formatting errors, omissions, and other minor discrepancies.  Amendments to Chapter 7 Part B Glenmore Park Stage 2 and Part C Glenmore Park Stage 3 include updated figures and minor formatting matters as well as the addition of a development staging section to Part C.

The proposed changes are minor or administrative in nature and do not introduce or amend any existing policy position in either DCP chapter.

The DCP chapters were placed on public exhibition from Monday 29 January 2024 to Monday 26 February 2024. Notification was placed on Council’s website, Council’s ‘YourSay’ page and in the local Western Weekender newspaper. Notification letters were sent to affected landowners and stakeholders.

A minor change to Figure E7.93 Indicative Development Staging Plan of Chapter E7 Glenmore Park Stage 3 is being proposed to facilitate the supply of housing in the short term. This change is expected to facilitate the earlier release of 75 Dwellings and only impacts one landowner in the precinct, who requested the amendment.

This report also seeks Councillors endorsement of the amendments to Chapter E17 Orchard Hills North, and Chapter E7 Part B Glenmore Park Stage 2 and Part C Glenmore Park Stage 3 of Penrith DCP 2014.

Background

Chapter E17 Orchard Hills North and E7 Part C Glenmore Park Stage 3 were endorsed by Council at its Ordinary Meeting of 12 December 2022. These chapters provide development controls for land that had been rezoned for urban development in Orchard Hills North and Glenmore Park Stage 3.

Several formatting errors, omissions and minor inconsistencies have since been identified and amendments to Chapter E17 Orchard Hills North and E7 Part C Glenmore Park Stage 3 were required. Due to minor changes the boundary between Glenmore Park Stage 2 and Glenmore Park Stage 3, Chapter E7 Part B Glenmore Park Stage 2 also needed to be amended. The amendments to these chapters that were publicly exhibited are discussed in further detail below.

Amendments to Chapter E17 Orchard Hills North DCP

The amendments that were publicly exhibited included:

· updating the detailed masterplan to add two ‘compact lots’ areas to align with the Penrith LEP 2010 height of buildings and minimum lot size maps,

· updating references to the most recent flood management strategy dated February 2023,

· address inconsistencies relating to:

o requirements for bus shelters,

o maximum heights for tiered retaining walls and standard retaining walls,

o minimum distances between driveway crossings and street trees,

o address formatting matters to:

o correct page and figure references, and

o align with Council’s DCP template.

Amendments to Chapter E7 Part B Glenmore Park Stage 2

The amendments that were publicly exhibited included:

· updates to the Structure Plan figure legend, to identify the indicative landscape buffer,

· identify the connection of an existing Collector Road with Glenmore Park Stage 3 on the road hierarchy and road network figures, and

· refine the subject land figure to be consistent with the broader DCP.

Amendments to Chapter E7 Part C Glenmore Park Stage 3 DCP

The amendments that were publicly exhibited included:

· a new section that addresses the development staging of the release area and satisfies Clause 6.3 Development Control Plan of LEP 2010, and

· updated figures and minor formatting matters.

Public exhibition

The proposed amendments to Chapter E17 Orchard Hills North, and Chapter E7 Part B Glenmore Park Stage 2 and Part C Glenmore Park Stage 3 of Penrith DCP 2014 were publicly exhibited from 29 January 2024 to 26 February 2024.

Letters were sent to the affected landowners notifying them of the exhibition period and how to make a submission. Newspaper advertisements were published in the Western Weekender on weekly intervals during the exhibition period and a notice placed on Councils webpage. Exhibition material could be viewed on the Council’s ‘YourSay’ webpage, and at Penrith Library and Council’s Administration Centre.

Council Officers were available to answer enquiries during the exhibition period.

Public submissions

One public submission was received during the exhibition period. This submission related to Figure E7.93 Indicative Development Staging Plan of Chapter E7 Glenmore Park Stage 3.

The submission was made by Cityscape Planning + Projects on behalf of Vianello Holdings and requested that the Figure E7.93 Indicative Development Staging Plan be amended to include the northern part of Precinct G, which will be released in 2 -8 years, in Precinct E, which is ready for release now. This request is being sought to allow for the immediate development of the land as Sydney Water had advised the landowner that there was additional capacity available to service this area immediately. Council officers were provided a letter from Sydney Water indicating that capacity is available now and relates to the main sewer line on James Riley Drive. It is also noted that this amendment only relates to land owned by one landowner and does not impact the ability of any adjoining landowner to develop their land in accordance with the LEP and DCP.

Post exhibition amendments.

It is recommended that Chapter E7 Part C be amended to contain a revised staging plan to include the northern part of Precinct G in Precinct E. This amendment responds to the submission received from Cityscape Planning⁺ Projects. This amendment has been made as it facilitates the supply of housing in the short term. This change is expected to facilitate the earlier release of 75 Dwellings. The change to the staging plan also represents a logical extension or expansion of development from Glenmore Park Stage 2 to commence development of Glenmore Park Stage 3.

Other Matters

Subsequent to the exhibition of the DCP, the proponent updated the flood management strategy that is referenced in Sections E17.7.2 and E17.8 of the DCP. While this flood management study does not change any of the controls, it is considered best practice for the DCP to refer to the most recent Strategy that has been updated to respond to changes to State Government Policy and has been reviewed by Council engineers.

Next Steps

Should Council resolve to endorse the recommendations of this report, the next steps are for the amendments to Chapter E17 Orchard Hills North, and Chapter E7 Part B Glenmore Park Stage 2 and Part C Glenmore Park Stage 3 (provided as an attachment) to be included in the Penrith DCP 2014.

In accordance with Environmental Planning and Assessment Regulation 2021, the DCP will come into effect on the day on which a notice of the council’s decision to approve the plan is published on Council’s website. A copy of the amended DCP will be provided to the Department of Planning and Housing in accordance with Division 2 Clause 20(1) of the Environmental Planning and Assessment Regulation 2021.

Financial Implications

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

Risk Implications

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

Conclusion

The draft amendments to Chapter E17 Orchard Hills North, and Chapter E7 Part B Glenmore Park Stage 2 and Part C Glenmore Park Stage 3 of Penrith DCP 2014 were placed on public exhibition from January 29, 2024, to February 26, 2024, for community and stakeholder feedback.

During the exhibition, one (1) submissions was received and have been reviewed. All matters raised in the submission have been resolved as outlined in this report.

This report recommends that the draft amendments to the Chapter E17 Orchard Hills North, and Chapter E7 Part B Glenmore Park Stage 2 and Part C Glenmore Park Stage 3 (provided as an enclosure to this report) are adopted as an amendment to the Penrith DCP 2014.

RECOMMENDATION

That:

1. The information contained in the report on Results of the Public Exhibition of amendments to Chapter E17 Orchard Hills North, and Chapter E7 Part B Glenmore Park Stage 2 and Part C Glenmore Park Stage 3 of Penrith DCP 2014be received,

2. Council endorse the draft amendments to the Chapter E17 Orchard Hills North (attachment 1), Chapter E7 Part B Glenmore Park Stage 2 (attachment 2) and Part C Glenmore Park Stage 3 (attachment 3) of Penrith DCP 2014, and

3. The General Manager is granted delegation to make any necessary changes to the draft amendments to the Chapter E17 Orchard Hills North, Chapter E7 Part B Glenmore Park Stage 2 and Part C Glenmore Park Stage 3 of Penrith DCP 2014 of the Penrith Development Control Plan 2014, if necessary ahead of commencement.

ATTACHMENTS/APPENDICES

1. ⇩	Draft Chapter E17 Orchard Hills North	79 Pages	Attachments Included
2. ⇩	Draft Chapter E7 Part B	75 Pages	Attachments Included
3. ⇩	Draft Chapter E7 Part C	89 Pages	Attachments Included

Ordinary Meeting 24 June 2024

Deed of Novation 61-79 Henry Street Penrith VPA

Compiled by: Natalie White, Planner

Natalie Stanowski, Principal Planner

Authorised by: Christine Gough, 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	Ensure services, facilities and infrastructure meet the needs of a growing population through the contributions framework

Previous Items: Planning Proposal and draft Voluntary Planning Agreement Letter of Offer for 61-79 Henry Street, Penrith - Post Exhibition- Ordinary Meeting- 20 Mar 2023

Letter of Offer - 61-79 Henry Street Penrith- Ordinary Meeting- 26 Sep 2022

Planning Proposal for 61-79 Henry Street Penrith to Gateway- Ordinary Meeting- 26 Jul 2021

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

Landowner: Australian Foundation for Disability (AFFORD)

Purchaser: Harrington Penrith Pty Ltd

Executive Summary

The purpose of this report is to seek Council’s endorsement to notify and execute a Deed of Novation for an existing Voluntary Planning Agreement (VPA) for 61-79 Henry Street, Penrith also known as Lot 1 DP 771927 (the land).

The VPA was entered between Council and the Australian Foundation for Disability (AFFORD) on 23 October 2023 in support of a Planning Proposal relating to 61-79 Henry Street, Penrith. The VPA sets out mechanisms for the timing and delivery of certain infrastructure attributable to the Planning Proposal, including affordable and diverse housing, public open space and traffic infrastructure works.

Since the VPA was entered, Afford has sought Council’s consent to sell and transfer the land to Harrington Penrith Pty Ltd (transferee) in line with requirements under clause 13.2 of the VPA. Therefore, a Deed of Novation was sought and signed by the prospective purchaser being Harrington Penrith Pty Ltd and they have agreed to be bound by the terms of the VPA.

The draft Deed of Novation has been prepared in accordance with the adopted Penrith Developer Infrastructure Agreements Policy (PDIAP).

This report recommends that Council endorse the draft Deed of Novation to be placed on public notification. Should Council endorse the draft Deed of Novation, it will be publicly notified in accordance with the Environmental Planning and Assessment Regulation 2021 and PDIAP.

Background

On 23 October 2023, Council entered into a VPA with the Australian Foundation for Disability in support of a Planning Proposal relating to 61-79 Henry Street Penrith.

The intent behind the Planning Proposal was to facilitate the redevelopment of the land as a mixed-use development, with a range of commercial, community and residential uses. Amendment No 37 to Penrith Local Environmental Plan 2010 commenced on 18 December 2023.

The VPA was prepared to support the changes to the planning controls resulting from the Planning Proposal. The VPA sets out several mechanisms for the timing and delivery of infrastructure on the land and surrounding area. The infrastructure items within the VPA include Road and Infrastructure upgrades, dedication of land, public open space and affordable and diverse Housing. The total value of the items within the VPA equates to approximately $10,000,000.

Current Situation

On 21 December 2023, Council received written correspondence from AFFORD’s Legal representatives advising that Afford had exchanged contracts to sell the land to Harrington Penrith Pty Ltd and subsequently requested the VPA be novated in line with requirements under clause 13.2 of the VPA.

In response, Council registered a caveat on the land noting that Afford had not yet registered the VPA on title as per their obligations under clause 9.2 of the VPA. On 12 April 2024, AFFORD registered the VPA on title, and Council consented to withdraw the caveat as required under clause 9.4 of the VPA.

Under section 4.17 of the Penrith Developer Infrastructure Agreements Policy (PDIAP) the proposed purchaser is required to enter into a Novation Deed in order to transfer the developer’s (AFFORD) obligations under the VPA, to the transferee. Accordingly, Council officers and legal representatives have been liaising with representatives of the transferee to assess compliance with Clause 13.2 of the VPA.

This review has concluded that the transferee poses no greater risk of non-compliance in delivering the obligations of the agreement than the existing party.

The draft Deed of Novation has been prepared in accordance with the PDIAP and has been reviewed by Council’s Legal Services Team who have provided advice that the draft Deed of Novation can be placed on public notification, subject to Council’s endorsement.

Financial Implications

The execution of the Deed of Novation will ensure that the provisions of the executed VPA can be upheld with the terms and obligations contained within VPA remaining unchanged.

Risk Implications

If the Deed of Novation is not executed, there is no formal agreement between Council and the new landowners to uphold the executed VPA. The new landowners are therefore not obligated to carry out the infrastructure works and land dedication as envisaged by the VPA.

Requirements for the provision of bank guarantees for the works remain in the VPA and mitigate any risk of non-delivery of works during construction. Careful monitoring of the obligations of the VPA will be undertaken to manage any potential risks.

Next Steps

Should Council endorse the draft Deed of Novation, it will be placed on public notification, in accordance with the Environmental Planning and Assessment Regulation 2021 and PDIAP. Notification will include publishing the draft Deed of Novation on Council’s Your Say page and the Department of Planning Housing and Infrastructure Planning Portal, along with a newspaper advertisement in the Western Weekender.

Following the notification period, if any submissions are received in response, a further report will be prepared for Council to respond to any issues raised. Where no submissions are received, the draft Deed of Novation will be executed.

Conclusion

A draft Deed of Novation has been prepared to transfer the required obligations of the VPA to a new purchaser. It is recommended that Council resolves to endorse the Deed of Novation of Voluntary Planning Agreement for 61-79 Henry Street for public notification to enable that the terms and obligations of the executed VPA tied to the land are transferred to the purchaser of the land being Harrington Penrith Pty Ltd. Should Council endorse the draft Deed of Novation it will be executed accordingly in line with requirements of the Environmental Planning and Assessment Regulation 2021.

RECOMMENDATION

That:

1. The information contained in the report on draft Deed of Novation of Voluntary Planning Agreement for 61-79 Henry Street be received

2. Council endorse for notification, the draft Deed of Novation of Voluntary Planning Agreement for 61-79 Henry Street, as provided in Attachment 1 to this report.

3. The draft Deed of Novation be publicly notified in accordance with the requirements of Environmental Planning and Assessment Regulation 2021 and Penrith Developer Infrastructure Agreements Policy.

4. A further report be prepared for Council following the notification of the draft Deed of Novation, if submissions are received.

5. Council endorse the draft Deed of Novation of Voluntary Planning Agreement for 61-79 Henry Street, for execution, where no submissions are received during the notification and no amendments are proposed.

6. If the Deed of Novation is to be executed, 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.).

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

ATTACHMENTS/APPENDICES

1. ⇩

Draft Deed of Novation of Voluntary Planning Agreement for 61-79 Henry Street

74 Pages

Attachments Included

Ordinary Meeting 24 June 2024

Submission on Draft National Urban Policy for Australia

Compiled by: Shreya Dubey, Coordinator - Research and Policy

Authorised by: Carlie Ryan, City Strategy 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	Ensure our strategic framework and vision are contemporary and informs our land use planning and advocacy

Executive Summary

This report seeks endorsement of a submission in response to the draft National Urban Policy released by the Australian Government for the public consultation. The draft National Urban Policy outlines the Australian Government’s goals and objectives to enable our urban areas to be liveable, equitable, productive, sustainable and resilient.

The Draft National Urban Policy aims to facilitate a national lift in the quality of life in our cities and urban areas. It will also help prioritise and guide Australian Government investment and policy decisions in our regional cities. The development of such a policy has been a long standing advocacy priority of the National Growth Areas Alliance (NGAA). To develop the draft National Urban Policy, the Australian Government established an Urban Policy Forum, comprising experts of urban policy including the CEO of the NGAA, Bronwen Clark. Our role in the NGAA, including the Mayor’s role on the Strategic Advisory Committee, is therefore important to ensure continued advocacy on issues facing growth areas.

A submission on behalf of Council has been prepared in response to the draft policy. Due to the limited timeframe provided to make submissions, there was not adequate opportunity to brief Council on the Draft policy or submission ahead of time. Instead, Council staff have prepared the attached submission having regard to, and informed by, similar submissions made by Council, in addition to Council strategies such as the Community Strategic Plan and Local Strategic Planning Statement.

The submission is generally supportive of the goals, objectives and principles outlined in the draft National Urban Policy. Many of the proposed actions and principles mirror Council’s own strategies and plans in relation to ensuring urban development increases our resilience, liveability and productivity. The submission outlines that more detail will be required to ensure that there is adequate funding to support these initiatives, in addition to appropriate measures and mechanisms for the objectives reflecting the challenges of urban growth in collaboration with all levels of government and their communities.

Given that Penrith and the broader Western Sydney region are facing the challenge of delivering much needed infrastructure to keep pace with current and expected growth, the submission emphasises the need for the commitment of genuine collaboration across all three levels of government. The submission outlines the important economic driver that is the Western Sydney region and the need for supportive governance and infrastructure to ensure it cannot be left behind.

This report recommends that the submission at Attachment 1 be endorsed by Council and forwarded to the Department of Infrastructure, Transport, Regional Development, Communications and the Arts.

Background

In 2011, Australian Government released its first National Urban Policy to set out the then Australian Government’s aspirations for a national approach to planning and managing our cities, based on three key themes of improving productivity, sustainability and liveability.

The Australian Government has now released a new draft National Urban Policy for public consultation. The draft National Urban Policy is a result of the Australian Government commitment in the 2023-24 Budget. The Australian Government invested $11.9 million to establish a new Cities and Suburbs Unit to deliver a National Urban Policy, production of regular State of the Cities reports and provision of support for National Cabinet urban planning matters.

The draft National Urban Policy outlines the Australian Government’s goals and objectives to enable our urban areas to be liveable, equitable, productive, sustainable and resilient. There are six objectives to guide the decision making and complement the goals and objectives:

Objective 1: No-one and no place left behind

Objective 2: All people belong and are welcome

Objective 3: Our urban areas are safe

Objective 4: Our urban areas are sustainable

Objective 5: Our urban environments and communities promote health and wellbeing

Objective 6: Our urban areas promote productivity

The Department of Infrastructure, Transport, Regional Development, Communications and the Arts is expected to report on the summary of consultation feedback after the public exhibition period.

Summary of submission

Written online submissions are open until 4 July 2024. A submission (Attachment 1) has been prepared for Council’s consideration and endorsement. The submission highlights the importance of Council’s strategic priorities in relation to the goals, objectives and principles presented in the draft National Urban Policy.

The submission is generally supportive of the outlined goals, objectives and principles set out in the draft National Urban Policy. The community aspirations and priorities identified in the Penrith’s Community Strategic Plan (CSP) aligns closely with the main goals outlined in the National Urban Policy for Australia.

Many of these proposed actions and principles mirrors Council’s own strategies and plans. However, much more detail will be required to ensure that there is adequate funding in conjunction with appropriate measures, mechanisms to deliver the objectives. In addition, the submission raises the need for a consistent framework of goals linked with performance indicators, actions and targets reflecting urban diversity and local priorities in collaboration with government partners and communities.

The submission emphasises the need for the commitment of genuine collaboration across all three levels of government to be fully incorporated and implemented to ensure cohesive approach to place-based planning, funding and sequencing of infrastructure delivery, housing and jobs to support our growing communities in urban areas.

The submission acknowledges the Australian Government’s ongoing engagement with the State and Territory Governments and offers Council’s assistance with the development and implementation of this policy moving forward, especially given we are part of the fastest growing region in the country.

Key issues raised in the submission that need to be considered or are recommended for inclusion are:

· the draft National Urban Policy initiatives are delivered in conjunction with a consistent framework of goals linked with performance indicators, tangible actions and targets. These need to be underpinned by principles reflecting urban diversity and local priorities of urban areas in collaboration with all levels of government and their communities.

· dedicated funding is needed to further develop and implement the initiatives of the draft National Urban Policy.

· include an action to establish a national funding model and mechanisms for infrastructure provision to ensure infrastructure is delivered alongside housing in a timely manner.

Housing

A central pillar of Council’s strategic framework is providing jobs closer to home and services for our growing community. A key objective of Council’s Local Housing Strategy is to focus new housing in transit-oriented neighbourhoods within walkable catchments of existing and planned rail stations in order to maximise access to jobs and services. The submission outlines:

· That we want to ensure that as much as possible, housing and jobs are inextricably linked in our strategic planning.

· The need to provide support to local councils to deliver housing in line with their housing targets in a place-based manner that is supported by the necessary infrastructure.

· The need to include measurable actions, interventions and a funding mechanism to achieve affordable and social housing targets.

Sustainability

The submission outlines:

· The need to consider establishing resilient infrastructure funds that will be needed to support communities in a range extreme weather scenarios and disaster responses.

· The need to provide consistent guidance on adaptation and implementation of actions along with infrastructure funding support to unlock low-carbon initiatives and innovations specific to local centres and precincts.

· The need to consider sustainable urban design solutions to be built into the planning system as a priority, to ensure that existing natural habitat, native canopy trees and green infrastructure is retained and integrated into developments to achieve cooling, biodiversity and flood mitigation benefits and positive outcomes for the community.

Productivity

Council supports the discussion in the draft National Urban Policy (page 36-37) on skilled workforce, harnessing data and technology and resilient economy. The submission recommends a greater focus on empowering local jobs and economies based on the strength of each city.

One of the most pressing issues plaguing Penrith and Western Sydney is its inadequate transport infrastructure. Congested roads and unreliable public transport networks not only inconvenience residents and commuters but they also impede the flow of goods and services, hampering the region's economic productivity. For example, the Western Sydney International Airport is a jobs generator and a productivity gainer, but the success of the Airport is contingent upon infrastructure.

We need the new Airport and surrounding transport network to be a well-oiled machine, seamless travel between and within the region, not just for the Airport’s future efficiency, but for all of us so we can have access to more jobs, spend less time travelling and more time enjoying where we live. The submission outlines how the National Urban Policy objectives could potentially address these issues:

· To achieve equitable access to infrastructure for outer metropolitan urban areas, levels of accessibility and service must be benchmarked against inner metropolitan areas to quantify the shortfall and plan to redress it.

· Current funding mechanisms, including developer contribution schemes, are insufficient to cover the cost of infrastructure required to support both growth in established and new release areas. The submission raises the need to ensure inclusion of establishing funding and delivery of infrastructure through the lens of ‘equitable access’ to ensure state and local infrastructure can be delivered effectively to serve the most rapidly growing areas and the most vulnerable people.

· Need for a better coordinated approach to infrastructure identification, prioritisation, funding and delivery in line with development staging. Infrastructure needs to be identified before land is rezoned and accompanied by a funding delivery strategy that is embedded in future government budgets.

· To consider how to ensure that funding for road maintenance and upgrades is available in a more regular way rather than the variable manner it occurs at present.

· In setting of targets for active transport, local council involvement is essential.

· To include action on establishing ‘equitable access’ to art and cultural funding program aimed at both infrastructure and creative industries.

· Freight related vehicle movements are estimated to increase by 50% within Western Sydney by 2041. We need support from Government to manage the very rapid transition of these local roads into freight corridors. The National Urban Policy needs to consider how to ensure that funding for road maintenance and upgrades is available in a more regular way rather than the variable manner it occurs at present.

· Penrith’s employment lands make a significant contribution to the local and state economy comprising over 79% of zoned employment land in the Western Sydney Aerotropolis and 37% of Greater Sydney’s potential future supply. The submission outlines the need to provide clear guidance on measures, mechanisms and timeframe for servicing existing, unzoned and newly rezoned employment lands across the nation to provide greater certainty for investment critical infrastructure delivery to support the growth and equal distribution of local jobs closer to home.

· Penrith City Council has identified the delivery of the Castlereagh Connection as a critical link in the road network to ensure a safe and efficient route for flood evacuation.

· The delivery of the critical road infrastructure requires continued investment by both the Australian and NSW Government. Council’s Advocacy Strategy and Priorities List outline the following key road infrastructure projects that need to be delivered to support growth in Penrith City:

o Western Sydney Rapid Bus routes servicing the WSA (immediate priority to support mode shift away from private passenger vehicles and improve traffic congestion)

o Werrington Arterial Stage 2

o Southern Link Road

o Mulgoa Road upgrade

o Upgrade and reclassification of Luddenham Road

o Planning and delivery of Castlereagh Connection.

Governance and implementation

In particular, Council recommends that the Draft National Urban Policy provides clarity on consistent and sustained leadership and governance model for the development and implementation of the National Urban Policy framework in a coordinated manner.

Financial Implications

There are no direct financial implications for Council associated with making this submission.

Risk Implications

If Council does not provide a submission to the draft National Urban Policy for Australia, the risk is that Council’s concerns and comments will not be fully understood and considered in the development of the final policy by the Australian Government.

Conclusion

The Australian Government is seeking feedback on the draft National Urban Policy for Australia. Council’s submission highlights the importance of Council’s strategic priorities in relation to the goals, objectives and principles presented in the draft National Urban Policy.

The development of such a policy has been a long standing advocacy priority of the National Growth Areas Alliance (NGAA). To develop the draft National Urban Policy, the Australian Government established an Urban Policy Forum, comprising experts of urban policy including the CEO of the NGAA, Bronwen Clark. Our role in the NGAA, including the Mayor’s role on the Strategic Advisory Committee, is therefore important to ensure continued advocacy on issues facing growth areas.

It is recommended that Councillors endorse the submission on the draft National Urban Policy for Australia and forward a copy to the Department of Infrastructure, Transport Regional Development, Communications and the Arts by 4 July 2024.

Councillors will continue to be updated on this work as more information becomes available.

RECOMMENDATION

That:

1. The information contained in the report on Submission on Draft National Urban Policy for Australia be received

2. Council endorses the submission at Attachment 1 and forwards the submission to the Department of Infrastructure, Transport Regional Development, Communications and the Arts by 4 July 2024.

ATTACHMENTS/APPENDICES

1. ⇩

DRAFT Submission National Urban Policy Framework

10 Pages

Appendix

Ordinary Meeting 24 June 2024

Submission- IPART draft reports for Orchard Hills North and Glenmore Park Stage 3 Development Contribution Plans

Compiled by: Claudia Amendolia, Planner

Natalie Stanowski, Principal Planner

Authorised by: Christine Gough, 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	Ensure services, facilities and infrastructure meet the needs of a growing population through the contributions framework

Previous Items: Orchard Hills North Planning Proposal- Ordinary Meeting- 12 Dec 2022

Glenmore Park Stage 3 Planning Proposal- Ordinary Meeting- 12 Dec 2022

Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North- Ordinary Meeting- 27 Jun 2022

Planning Proposal to amend Penrith LEP 2010 - Glenmore Park Stage 3 - draft Development Control Plan and draft Contributions Plan- Ordinary Meeting- 25 Jul 2022

Executive Summary

This report seeks Councils endorsement of two submissions to the Independent Pricing and Regulatory Tribunal of NSW (IPART) on the draft IPART review of the Orchard Hills North (OHN) and the Glenmore Park Stage 3 (GP3) Section 7.11 Development Contribution Plans (CP).

As the CPs exceed the contributions cap implemented through the Environmental Planning and Assessment (Local Infrastructure Contributions) 2012 Ministerial Direction, they require the review of IPART and approval by the Minister for Planning and Public Spaces. Council resolved at the Ordinary meeting of 12 December 2022 that the CPs be forwarded to IPART with a request to conduct a formal review of the documents. The resolution included the finalisation of the CPs in accordance with the recommended changes within the report prior to the submission to IPART.

Since submitting the CPs to IPART in September 2023,Council has received two requests for information (RFI) for each CP. Council officers have worked alongside the OHN and GP3 developers to respond to the RFI’s and have been meeting with IPART regularly.

IPART has completed their assessment of the CPs, to ensure the CPs comply with the essential works list and other criteria set out in the infrastructure Contributions Practice Note (2019 Practice Note) published by DPHI and has released draft reports (the reports) which include draft recommendations. IPART has also used the reports as a mechanism to request further information from Council. A memorandum was provided to Councillors on 9 May 2024 informing them of the exhibition and outlining the proposed recommendations within the draft reports. The draft reports were on notification from 7 May 2024 until 4 June 2024. IPART has granted Council an extension to the submission deadline to enable the matter to be reported to Council for endorsement. A confidential officer submission was prepared and provided to IPART prior to the submission deadline.

Overall, the recommendations within the report are considered reasonable and are supported. The recommendations result in an increase to the overall cost for each CP. Should the recommendations be finalised and endorsed, the overall cost of the OHN CP will increase from $218,000,000 to $230,560,000 equating to an increase of the contribution per lot from $127,702 to $136,946. The cost for the GP3 CP will increase from $224,700,000 to $230,930,000, equating to an increase of the contribution per lot from $104,230 to $107,129. IPART has recommended that Council increase contingency allowances in both CPs outlining that the underestimation of capital costs for infrastructure items within a CP would result in undue financial risk to Council. In addition, IPART has recommended minor adjustments to costs in the CPs. Council is also responding to the RFI, to assist IPART in ensuring the CPs meet the criteria set in the 2019 Practice note.

Council intends to find a balance between mitigating financial risk and ensuring housing affordability. Council officers will continue working in collaboration with IPART and will seek to ensure that contribution rates within the CPs are fair and reasonable.

This report recommends that Council endorses the attached submissions to IPART on the OHN and GP3 submissions for their consideration and that Council officers continue to work with IPART prior to a final report being prepared.

Background

Orchard Hills North

At its Ordinary Meeting of 27 June 2022, Council resolved to publicly exhibit the OHN PP and supporting planning documents, including the draft CP. The PP and supporting documents were placed on public exhibition from 25 July to 22 August 2022. Following the public exhibition, at its Ordinary Meeting of 12 December 2022, Council endorsed the CP to be forwarded to IPART for a formal review, subject to amendment. The CP required amendment, to be consistent with any changes to the planning proposal and technical studies, and updates to such matters as land valuation, staging, specifications and cost rates. Subsequently, the OHN CP was submitted to IPART on 29 September 2023.

Glenmore Park Stage 3

At its Ordinary Meeting of 25 July 2022, Council resolved to publicly exhibit the GP3 PP, and supporting planning documents, including the draft CP. The PP and supporting information were placed on public exhibition from 19 August 2022 to 16 September 2022. Following the public exhibition, at its Ordinary Meeting of 12 December 2022, Council endorsed the CP to be forwarded to IPART for a formal review, subject to amendment. The CP required amendment, to be consistent with changes to the planning proposal and technical studies, and updates to such matters as land valuation, staging, specifications and cost rates. Subsequently, the GP3 CP was submitted to IPART on 3 October 2023.

Clause 6.3A of Penrith Local Environmental Plan

A new clause within Penrith Local Environmental Plan (Penrith LEP) was endorsed by Council at its Ordinary Meting of 12 December 2022 to manage the delivery of infrastructure ahead of the draft CPs coming into force. Clause 6.3A of Penrith LEP relates to OHN and GP3 and requires that a CP needs to be in effect to be granted development consent or other arrangements such as a VPA being in place. This ensures that development is not granted consent unless there is provision for local infrastructure to support development.

IPART Process

In accordance with Ministerial Directions, where a draft CP proposes a contribution amount which exceeds the contribution cap implemented through the Act, Council is unable to adopt the CP until it has been reviewed by IPART and approved by the Minister. The contribution cap is $30,000 per lot or dwelling in identified greenfield areas or $20,000 within infill housing area. The contribution cap has not been indexed since its introduction in August 2012.

Once a CP is submitted to IPART, they will conduct a formal review of the CP and a draft report will be prepared on their findings, which will be open for public consultation. Following this, IPART will review any submissions and a final report will be prepared and sent to the Minister with recommendations. The Minister will consider IPART’s report and will then direct Council to make the CP, with or without amendments. In order to collect contributions above the contribution cap threshold, Council must endorse and adopt the plan in accordance with the direction received from the Minister.

In accordance with the 2019 Practice note, IPART will assess the CPs for:

• compliance with the essential works list.

• establishment of nexus.

• reasonableness of costs; and

• apportionment between existing and future infrastructure users.

Since submitting the CPs to IPART, Council has received two RFI’s for each plan. Council officers have worked alongside the OHN and GP3 developers to respond to the RFI’s and have been meeting with IPART regularly.

IPART has now released draft reports on their findings, which were open for public consultation from 7 May 2024 until 4 June 2024.

IPART granted Council an extension on the submission deadline to allow for a submission to be reported to Council for consideration and endorsement, however, an officer submission was provided ahead of this.

Current Situation

IPART has assessed the CPs and has indicated that infrastructure costs and items within the CPs were generally found to be both essential and reasonable. IPART has made draft recommendations for each of the CPs and has used the reports as a mechanism to request further information from Council on a number of matters.

The draft reports do not recommend removal of any works. Overall, the draft recommendations are supported.

A submission to the exhibition has been drafted and is provided as attachments 1 and 2.

An overview of the draft reports is provided below:

Orchard Hills North

The draft report indicates that the OHN CP meets most of the assessment criteria outlined in the 2019 Practice note. Where the CP has not completely met the criteria, IPART has made draft recommendations to the works schedule. Overall, the draft recommendations are supported. IPART has also used the draft report as a mechanism to request additional information to ensure the CP meets the remaining 2019 practice note criteria. A detailed response to the draft report is provided as Attachment 1.

The draft recommendations would result in the cost of infrastructure and land acquisition in the CP totalling $230,560,000, an increase of $12,560,000, equating to an increase of the contribution per lot from $127,702 to $136,946. A summary of the draft recommendations is provided below.

• Increase contingency allowances for stormwater, transport, and open space infrastructure.

• Adjust some costs of land and work items included in the plan to correctly reflect cost estimates and indexation.

• Ensure that open space embellishments are consistent with the essential works list.

• Provide indicative timing for the delivery of each infrastructure item in the plan.

IPART is seeking further information on:

· The costing of some open space items: IPART has indicated that some open space items (OS3, OS5 and OS6) are high and that OS8 is low based upon the level of embellishment proposed when compared to IPARTs 2014 benchmarks and other CPs IPART has assessed. Council officers have reviewed the costings for these items and previous projects delivered by Council and believe the costings are generally reasonable, although, there may be some merit in reallocating costs amongst open space items to be reflective of the level of embellishment proposed. Council officers have indicated to IPART within the submission that the overall costing for open space embellishment should not be amended.

· The costing of transport work items: IPART believes that the square metre rates for the local and collector roads within OHN are low in comparison to the 2014 Benchmarks. Council officers have acknowledged that the costs of these items are low in comparison to the benchmarks, however the specifications of the roads differ from those in the benchmarks. Council officers are receptive to working with IPART to consider this matter further noting we seek to carefully manage risks associated with under costing works items and the impacts of increased development contributions on housing affordability.

· The apportionment of transport costs to non-residential development: The CP does not have transport costs apportioned to non-residential development, as the transport strategy had assumed that the non-residential land will be servicing the demands of the local residents and therefore, the demand would be driven by residential development.

Council officers have met with Legacy, the major landowner of the precinct, to discuss the draft report. Legacy had raised no concerns with the draft recommendations. Council and Legacy’s position in respect to the recommendations broadly align.

Voluntary Planning Agreement Negotiation

Negotiations between Council and Legacy regarding the draft Voluntary Planning Agreement (VPA) offer are ongoing. Legacy made commitments to Council during the planning proposal process to limit potential financial risk by way of a VPA and deliver certain infrastructure works to support the development. It is intended for the VPA to secure the staged delivery of infrastructure to support the delivery of new housing in the area.

It is envisioned that a draft VPA will be reported to Council imminently.

Glenmore Park Stage 3

The draft report indicates that the GP3 CP meets some of the assessment criteria outlined in the 2019 Practice note. Where the CP has not completely met the criteria, IPART has made draft recommendations to the works schedule. Overall, the draft recommendations are supported. IPART has also used the draft report as a mechanism to request additional information. A detailed response to the draft report is provided at Attachment 2.

The draft recommendations would result in the total cost of the CP being $230,930,000 which is an increase of $6,230,000, equating to an equating to an increase of the contribution per lot from $104,230 to $107,129. A summary of the draft recommendations is provided below.

· To increase the contingency allowances for stormwater, transport, and open space infrastructure

· Adjust some costs of land and work items included in the plan to correctly reflect cost estimates and indexation.

IPART is seeking further information on:

· Whether the work items in linear parks meet the essential works list: It is noted that the linear park land being C2 conservation land is excluded from the CP since it is not listed as essential, with the exception of land which will provide stormwater infrastructure. Both Mirvac and Vianello have committed to dedicating their C2 land. Council officers are advocating for the linear park works in the plan to remain, as they will be providing active transport links, passive recreation spaces, and connections across the precinct.

· The costing of transport work items and whether a blended rate considering the underlying zoning for transport land items is feasible: Since some transport infrastructure spans multiple zones, Council initially applied the rate of the predominant zone. Council officers are receptive to the exploration of a blended rate with IPART where it can be guaranteed that the rate can accurately reflect the zoning boundaries, that any financial risk to Council is mitigated and costs in the plan are not increased unreasonably.

Council officers have met with current GP3 developers Mirvac and Vianello to discuss the draft reports. The meetings were productive, and the developers worked collaboratively with Council on matters raised with the draft report.

Vianello had raised no concerns with the draft recommendations. Mirvac have advised verbally that they will be making a submission in response to IPARTs draft recommendations.

Voluntary Planning Agreement Negotiation

Negotiations between Council and the two major landowners regarding the draft VPA offers are ongoing. Council intends to mitigate risk and financial implication through VPA’s, with the agreements securing the delivery of certain infrastructure works and the dedication of land within the precinct.

Financial Implications

Financial implications to Council could potentially arise following IPARTs review of the submissions and the development of their final recommendations. IPARTs draft report indicates that some work items and land may have been undervalued. Should the Minister choose to not endorse IPART’s recommendations, Council could face financial implications, impacting the ability to deliver the enabling infrastructure.

To mitigate this implication, the major landowners remain committed to entering into a VPA to secure enabling infrastructure and limit potential financial risk to Council ahead of the final report.

Council officers will seek to ensure that contribution rates within both CPs are fair and reasonable while limiting undue risk and ensuring that the enabling infrastructure within the precinct can be realised.

Risk Implications

While Council officers are advocating for the Linear Park embellishment works to remain in the GP3 CP, there is a possibility that IPART may choose to recommend their removal and Council may need to consider alternate routes on transport links to ensure the shared pathway links are delivered.

Finalising the draft VPA offers between Council and the major landowners of both precincts should remain a priority. This will assist in mitigating any potential risk implications for Council that is brought upon by IPARTs final report.

Clause 6.3a assists in mitigating risk to Council as it requires either a CP or VPA to be in place prior to consent being granted for residential development which would trigger the need for local infrastructure.

Next Steps

Should Council endorse the recommendations made in this report, the submissions at attachment 1 and 2 will be forwarded to IPART for their consideration.

IPART will review submissions and prepare a final report on their findings, which will be forwarded to the Minister. The Minister, after considering IPART’s review, will direct Council to make the CPs, with or without changes. In order to collect contributions above the contribution cap threshold, Council must endorse and adopt the plan in accordance with the direction received from the Minister. If Council does not adopt the plan in accordance with the direction from the Minister, Council will be unable to charge greater than $20,000 per lot, creating a significant shortfall in the CP’s.

IPART aims to complete their final report within July 2024. Council officers will continue to meet with IPART regularly and work collaboratively on any outstanding matters.

Council officers will continue working with the major landowners to negotiate their draft VPA offers.

Conclusion

The GP3 and OHN CPs were prepared in support of the urban development of the land. As the CPs exceed the contributions cap implemented through the 2012 Ministerial direction, they require the review of IPART and approval by the Minister for Planning and Public Spaces.

IPART has now reviewed the draft CPs and have issued their draft reports which were publicly exhibited from 7 May 2024 to 4 June 2024. An extension to the submission deadline was granted to allow for the submission to be reported to Council for consideration and endorsement.

Council officers have been working in collaboration with IPART throughout their assessment of the CPs and will continue to do so until their final report is prepared and provided to the Minister for consideration. The draft reports include recommendations and request further information from Council. Overall, the draft recommendations are considered reasonable.

Council remains mindful of the impact an increase to contribution rates will have on housing affordability and will seek to ensure that contribution rates within the CPs are fair and reasonable while limiting undue risk and ensuring that the enabling infrastructure within the precinct can be realised.

This report recommends that Council endorse the submissions provided at Attachment 1 and 2, which will then be forwarded to IPART for their consideration.

RECOMMENDATION

That:

1. The information contained in the report on Submission- IPART draft reports for Orchard Hills North and Glenmore Park Stage 3 Development Contribution Plans be received

2. Council endorse the submission to IPART draft reports for Orchard Hills North and Glenmore Park Stage 3 Section 7.11 Contribution Plans provided as Attachment 1 and 2 and submit them to IPART for their consideration.

3. Council officers continue to work with IPART to address any outstanding matters prior to the completion of their final report and recommendations to the Minister

ATTACHMENTS/APPENDICES

1. ⇩	Council Submission on Draft IPART review on Orchard Hills North Contribution Plan	7 Pages	Attachments Included
2. ⇩	Council Submission on draft IPART review on Glenmore Park Stage 3	7 Pages	Attachments Included

Ordinary Meeting 24 June 2024

Gipps Street - Sportsground Allocation

Compiled by: Andrew Robinson, Community Facilities and Recreation Manager

Tim Whiticker, Recreation and Community Facilitites Planner

Authorised by: John Gordon, Director - City Services

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

Executive Summary

This report provides detail regarding recommendations for the allocation of the new sportsgrounds and amenities at Gipps Street Recreation Reserve, to sports clubs, for the summer 2024/2025 season and the winter 2025 season.

An Expression of Interest process was undertaken which concluded on 15 April. Nine (9) EOI submissions were received from sports user groups by the deadline and these have been reviewed by a panel of Officers. One was received significantly after the deadline and has not been considered.

No submissions were received for use of the netball courts during the Expression of Interest process. Council Officers are continuing to work with Penrith District Netball Association to identify a suitable netball club to be allocated the two netball courts at Gipps Street.

An evaluation of the submissions has been completed by Council Officers and this report recommends that:

- The northern fields consisting 2 full-size fields and one mod field size field;

o Be allocated to St Marys Convent Football Club from the 2025 winter season.

o Be allocated to the Nepean Football Association from the summer 2024-2025 summer season for its summer soccer competition (with capacity limited to ensure sustainability of the new surface).

- The southern fields consisting of 2 full-sized fields;

o Be allocated to Penrith Panthers District Junior Rugby League as the primary user group solely for the purpose of its women’s programs and competitions from the 2025 winter season.

o Be allocated to the Nepean Ducks Gridiron as the secondary user for game days and major events.

- The 2 cricket fields and cricket practice area;

o Be allocated to Nepean District Cricket Association for allocation and programming from the 2024-2025 summer season.

o Two lanes of the four-lane cricket practice facility will be allocated to Nepean District Cricket Association.

- The 2 floodlit netball courts;

o Be allocated to a club identified by Penrith District Netball Association.

- The amenities building be provided as a joint use facility for occupancy by the allocated sports user groups.

Background

Gipps Street Recreation Precinct provides facilities that have been designed to accommodate a variety of sports, are accessible and support the growth in both male and female participation.

Specifically, in terms of sport infrastructure, the Gipps Street Recreation Precinct includes;

- 4 full size rectangular fields (capable of accommodating two ovals) and a modified field, all floodlit to 100 lux.

- 2 floodlit netball courts.

- 2 synthetic cricket pitches and a district level floodlit cricket practice facility.

- A central amenity building with 8 (convertible to 4 large) changing facilities, toilets a canteen, first aid and officials rooms and ancillary areas.

Current Situation

An Expression of Interest process, to determine the allocation of sportsgrounds, opened on 11 March and closed on 15 April 2024. An extensive communications plan was implemented, including hosting 2 online information sessions. The communications plan also included:

- An information pack distributed to sport user groups.

- Letter/email to sport user groups.

- A media release.

- A Mayoral column, 2 advertisements, and one corporate news page in local newspapers,

- 1 webslider on Council homepage (2 weeks)

- 1 banner on Council Facebook Page (2 weeks)

- 1 YoursayPenrith news item

- 1 full page placement in Our Place

- 7 social media posts.

Nine sports clubs submitted EOI’s providing their responses to the criteria outlined in the EOI form (attached to this business paper). Submissions were received from the following:

- Nepean Ducks Gridiron

- St Marys Convent Football Club

- Penrith Panthers District Junior Rugby League

- Werrington Croatia Football Club

- Nepean District Cricket Association

- Nepean District Oztag

- AFL NSW/ACT

- The Final Whistle

- Western Raptors Junior Rugby Union Club

A tenth submission was received significantly after the deadline closed and was therefore not considered.

A panel have considered the responses in the submissions from each group. The panel consisted of the Director - City Services, Community Facilities and Recreation Manager, Community Facilities and Recreation Planner, Operations Coordinator – Public Spaces Maintenance, and the Asset Coordinator – Parks and Open Space. The outcomes of the panel were presented to a Councillor Briefing on 6 May 2024.

Given no submissions were received during the Expression of Interest Process for use of the netball courts, Council Officers are continuing to work with Penrith District Netball Association to identify a suitable netball club to be allocated the two netball courts at Gipps Street.

Based on the evaluation undertaken, of the information provided, it is the preferred direction of the panel to allocate use of the sportsgrounds as follows:

- The northern fields consisting 2 full-size fields and one modified size field;

o Be allocated to St Marys Convent Football Club from the 2025 winter season.

o Be allocated to the Nepean Football Association from the summer 2024-2025 summer season for its summer soccer competition (with capacity limited to ensure sustainability of the new surface).

- The southern fields consisting of 2 full-sized fields;

o Be allocated to Penrith Panthers District Junior Rugby League as the primary user group solely for the purpose of its women’s programs and competitions from the 2025 winter season.

o Be allocated to the Nepean Ducks Gridiron as the secondary user for game days and major events.

- The 2 cricket fields and cricket practice area;

o Be allocated to Nepean District Cricket Association for allocation and programming from the 2024-2025 summer season.

o Two lanes of the four-lane cricket practice facility will be allocated to Nepean District Cricket Association.

- The 2 floodlit netball courts;

o Be allocated to a club identified by Penrith District Netball Association. Following a recommendation from Penrith District Netball Association, Council Officers have commenced conversations with Emmaus Netball Club.

- The amenities building be provided as a joint use facility for the occupancy of the allocated sports user groups

Financial Implications

There are no financial implications for Council associated with this report. Fees and charges will be applied as adopted in Council’s 2024-2025 Operational Plan.

Risk Implications

Allocated user groups will be required to adhere to Council’s terms and conditions of hire for sportsgrounds, including undertaking risk assessments. Details requested as part of Expression of Interest process has allowed Council Officers to assess any risk associated with allocations, including matters such as governance, insurance cover, financial sustainability for the user groups. Regular user group meetings will be convened to ensure hirer operations are appropriate to the activities provided and the operation of the reserve.

Conclusion

The proposed allocation of the sportsgrounds, at Gipps Street, to St Marys Convent Football Club, Penrith Panthers District Junior Rugby League, the Nepean Ducks Gridiron, Nepean District Cricket Association and a Penrith District Netball Association affiliated club ensures that there will be a diversity of activity provided, available to the whole community.

The sports will complement the rest of the recreation activities in the Gipps Street precinct and create a hub for active lifestyles and social connection. Council Officers will continue to work with user groups whose EOI submissions were unsuccessful to identify facility needs and opportunities that may be available in the future to accommodate these.

RECOMMENDATION

That:

1. The information contained in the report on Gipps Street - Sportsground Allocation be received

2. The northern fields consisting 2 full-size fields and one modified size field;

a. Be allocated to St Marys Convent Football Club from the 2025 winter season.

b. Be allocated to the Nepean Football Association from the summer 2024-2025 summer season for its summer soccer competition (with capacity limited to ensure sustainability of the new surface).

3. The southern fields consisting of 2 full-sized fields;

a. Be allocated to Penrith Panthers District Junior Rugby League as the primary user group solely for the purpose of its women’s programs and competitions from the 2025 winter season.

b. Be allocated to the Nepean Ducks Gridiron as the secondary user for game days and major events.

4. The 2 cricket fields and cricket practice area;

a. Be allocated to Nepean District Cricket Association for allocation and programming from the 2024-2025 summer season.

b. Two lanes of the four-lane cricket practice facility will be allocated to Nepean District Cricket Association.

5. The 2 floodlit netball courts;

a. Be allocated to a club identified by Penrith District Netball Association.

6. The amenities building be provided as a joint use facility for the occupancy of the allocated sports user groups

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 24 June 2024

Penrith City Council 2024-25 Operational Plan and 2024-25 Fees and Charges

Compiled by: Craig Shepherd, Corporate Planning and Performance Lead

Ben Collins, Strategic Finance Coordinator

Matthew Saunders, Rates Coordinator

Authorised by: Stephannie Mikhail, Business Transformation Manager

Neil Farquharson, Financial Services Manager

Matthew Bullivant, Director - Corporate Services

Outcome	We have open and collaborative leadership
Strategy	Deliver an efficient, transparent and accountable service to the community
Principal Activity	Ensure our Integrated Planning and Reporting responsibilities are met

Executive Summary

Council is required to prepare and adopt the 2024-25 Operational Plan and 2024-25 Fees & Charges by 30 June 2024. The Operational Plan is a sub-set of the 4 year Delivery Program and is the third annual plan to be adopted as part of the 2022-26 Delivery Program.

The Draft 2024-25 Operational Plan and the Draft 2024-25 Fees and Charges were presented to Council on 29 April 2024 and were placed on exhibition from 6 May to 2 June 2024 under Section 405(2) of the Local Government Act 1993. Seven submissions were received during the exhibition.

There were a small number of budget adjustments required to be made to the 2024-25 Operational Plan, such as the inclusion of the March 2024 revotes, updating of major projects, incorporation of approved Resource Allocation requests, and the fine-tuning of several 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 of adjustments is provided in Attachment 1. A balanced budget is proposed for 2024-25 after incorporating these adjustments.

Council’s 2024-25 annual $357 million Budget (incl. $76 million in Capital Projects) outlines a significant number of actions, capital projects and operational programs that create vibrant places, better transport, improved access and safety, environmental enhancements, more local jobs and make Penrith a better place to live, work and enjoy for our community. Funding these outcomes has been particularly challenging in the current economic climate. Council is not immune to the economic pressures of rising costs, the residual impacts of Covid 19 and the negative impacts on our income. Importantly we acknowledge that many in our community (individuals, families and businesses) are also experiencing significant economic pressures.

Council has therefore developed a balanced budget in a considered way, and in a sense has responded to the pressures our community are currently feeling by way of (not an exhaustive list):

· Endorsing a temporary 75% reduction to outdoor dining fees for 2024-25;

· Fees and Charges reviewed with the proposed increases set generally in the vicinity of the estimated CPI increase;

· Rates are proposed to increase by 4.8% which is the cap set by the OLG, and compared to other Councils, are at the lower end of the range of rate increases approved by the OLG (4.5% - 7.2%);

· A lower rate for residential properties in rural areas with the rate set at 30% lower than the urban Residential rate; and

· Council’s Rates team continue to deal with everyone experiencing hardship with compassion by accepting payment arrangements and extensions for ratepayers to suit their individual circumstances.

This report seeks Council’s adoption of the 2024-25 Operational Plan and the 2024-25 Fees and Charges (provided as separate enclosures). This includes approval for the expenditure of the budget outlined in this report, and endorsement for the Making of the Rates and Charges for 2024-25 under Section 535 of the Local Government Act.

Additionally, the report recommends that the Council confirm its agreement to underwrite the operation of Penrith Performing and Visual Arts Limited until the presentation of its Annual Report for 2024-25.

2024-25 Operational Plan

Some minor amendments have been made to the 2024-25 Operational Plan that was placed on exhibition. These amendments consist of:

1. Updating of the Acknowledgement of Country

The Statement of Recognition has been updated with the new Acknowledgement of Country.

2. Addition of a new Action

After reviewing the Actions included in the Draft 2024-25 Operational Plan it was found that we need to include an additional Action under Outcome 3 WE PLAN AND SHAPE OUR GROWING CITY

3.2.1c “Using the Places of Penrith framework, prepare a Draft Strategic Delivery Framework for the Penrith LGA to guide sustainable growth balanced with supporting infrastructure”.

4. Relocating Action 2.1.1b from Principal Activity 2.1.1 to Principal Activity 2.2.3 and renumbering to 2.2.3c as it is a better fit.

5. Minor responsibility name changes on Actions

6. Minor grammatical changes

Public Exhibition – 2024-25 Operational Plan and 2024-25 Fees and Charges

The 2024-25 Operational Plan and the 2024-25 Fees and Charges were placed on exhibition from 6 May to 2 June 2024.

The public exhibition process provided stakeholders across the Penrith LGA an opportunity to view and provide feedback on the documents before they are officially adopted by the Council.

The documents were available electronically through Council’s engagement portal www.yoursaypenrith.com.au/draftoperationalplan2024-25, and in hard copy at:

· Penrith City Library

· Civic Centre

· St Marys Library and Office

· St Clair Library

The public exhibition was promoted through printed and electronic media. This included:

· Social Media posts:

	Reach	Impressions	Engagements
Facebook	3,107	9,380	33
Instagram	476	1,460	27

Reach – the total number of people who saw the content.

Impressions – the total number of times the content was displayed (ie, people can see the content more than once).

Engagements – the number of times the content was engaged with (eg with a comment, like or share)

· Media release to local publications

· Western Weekender Corporate News Page brief

· Western Weekender Corporate News Page top page advertisement 27 May

· Posters at Council buildings and childcare centres 

· Penrith City Council Our Place e-newsletter

Council’s online engagement portal recorded the following activity:

· 727 page views

· 513 unique page visitors

· 7 contributors

· 41 Operational Plan downloads

· 28 Fees and Charges downloads

Submissions

Document	Yoursay Platform	Email
Operational Plan	2	-
Fees and Charges	5	-
Total	7	-

Note: Within some submissions, multiple requests were raised, and some submissions were made in support of the documents and therefore raised no requests. Below is a summary of the requests raised within the submissions and therefore does not match the total number of individual submissions received.

Summary of submissions related to the 2024-25 Operational Plan

Request regarding improvements to the Nepean Avenue Shared Path to be prioritised

Following extensive community consultation, Council awarded a Design and Construction tender in February 2024. Detailed design is underway. Budget for the project has been included in the 2024-25 Operational Plan.

Request to improve footpaths, cycleways and public transport

Council has committed a total allocation of $620K to constructing new footpaths and shared pathways, and maintenance of existing pathways in the 2024-25 Operational Plan. In addition to this, Council has requested $800K of grant funding from the Local Roads and Community Infrastructure Program Phase 4. If successful, Council will use the grant funding to provide approximately 4.3Km of new footpath across the LGA.

Council does not provide public transport, and any requests for increase in public transport services should be referred to Busways or Transport for NSW.

Submission received on behalf of the Western Sydney Health Alliance. WSHA raised the following matters in its submission:

· Concerns regarding recognising Council’s partnership with Western Sydney Health Alliance (WSHA)

· Request for the application of a health lens to activities in the Operational Plan

· Request for inclusion of measurement tools and indicators for social health and well-being in the Operational Plan.

· Request regarding Council advocating for access to healthy foods

· Request to incorporate active involvement in the development of the Western Parkland City Walking and Cycling Strategy in the Operational Plan

· Request regarding the implementation of the Increasing Resilience to a Changing Climate Guidance document for the Western Sydney Parkland Councils

These items were also matters that were submitted in response to the Operational Plan for 23-24 when it was placed on exhibition. Council is a member of the WSHA, and Council officers continue to work with the WSHA to address the matters that were raised in the submission from the WSHA.

Summary of submissions related to the 2024-25 Fees and Charges

Concerns regarding the cost of hall hire for individuals compared to businesses and charities, and cost variances of different Council community halls

The Council has a responsibility to balance our social obligations with the financial demands of providing these facilities to the community. The fees charged for use of Council facilities are already heavily subsidised in this regard.

Concerns regarding the fee structure and cost to hire Harold Corr Athletics Track including exclusive vs. shared use

Penrith City Council acknowledges that multiple coaches will potentially use the track at the same time, however the benefit of making a booking outweighs the risks associated with not having the required level of access. The fee charged provides access to the amenities building, which includes toilet facilities, and allows for the use of lights in the evening. Feedback will be taken into consideration however and will be used in assisting the development of future fees and charges for Harold Corr Oval.

Concern regarding fee increases in general

Over the last 5 years Council has invested in new and upgraded community facilities across the city to provide the community with access to contemporary facilities that meet the needs of a diverse community. The proposed increase in fees and charges in part reflects the costs required to maintain and renew these new facilities. In setting these fees Council considers the cost of hire of similar facilities across the region and the impacts of social and economic variables on hirers. Council seeks to strike a balance between equitable and affordable access, and responsible asset management.

As part of the Draft 2024-25 Operational Plan process, Council’s Fees and Charges have been reviewed with the proposed increases in the fees set generally in the vicinity of the estimated CPI increase. Overall, the average increase in Fees and Charges included in the Draft 2024-25 Fees and Charges was 4.56%.

2024-25 Operational Plan - Budget Adjustments

The financial estimates included in the exhibited 2024-25 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. A number of budgets have also been adjusted to reflect the latest phasing for multi-year projects and revised schedule of works. Council decisions impacting 2024-25 have also been incorporated in to the final 2024-25 Budget.

The exhibited draft 2024-25 Operational Plan presented a balanced budget. During the Exhibition period adjustments have been made and a balanced budget will still be achieved should the Council choose to adopt all the proposed recommendations contained within this report.

At the Ordinary Meeting on 27 May 2024 Council adopted the March 2024 Quarterly Review which included revotes totalling $6.4m for capital works and operating projects that have now been incorporated into the 2024-25 Budget.

Some of the more significant changes during the exhibition period impacting the bottom line include:

· Emergency Services Levy – Emergency Services Contribution Assessment Notice for 2024-25 has now been received resulting in $272,008 decrease in the levy to be paid by Council.

· Rates Income, Interest on overdue rates, and s603 certificates - expected income has been updated with an increase of $350,000.

· Financial Assistance Grant – correspondence has been received confirming introduction of a new lower limit to the Financial Assistance Grant will now not occur until 2025-26. Revised estimates for Financial Assistance Grant income are now $370,815 greater than previous.

· Employee Cost Provisions $1.2m - The Adjustment to Provisions brings the budget into line with targeted balance. The Provision acts as a safeguard against assumptions built into Employee costs budgets for items such as Employee Leave Allowances, Superannuation, and Workers Compensation Insurance.

Also incorporated is an increase to the Rural Drainage budget funded from the financial management reserve as requested by Councillors at the 27 May 2024 Ordinary Meeting. This $300,000 increase brings the total budget for Rural Drainage for 2024-25 to $800,000.

Provided in Attachment 1 is a complete list of all budget changes that have occurred during the exhibition period.

Changes to 2024-25 Fees and Charges

During the exhibition period the following changes have been proposed to the draft 2024-25 Fees and Charges:

Cemeteries | Interment Fee/Registration Fee

Cemeteries and Crematoria NSW, through its gazetted/email to Council in May-2024, pronounced the enacted new levies that will commence on 1 July 2024. They are:

· Interment Services Levy – Ashes: $63.00 (Statutory Fee).

· Interment Services Levy – Burials: $156.00 (Statutory Fee).

Children's Services | Children Services Centres | Additional Fees | Additional Service Fees

The Council’s tax consultant, Genesis Accounting, has reviewed the new fees below. It was determined that refining of the initial fee names was needed to ensure clarity and avoid any confusion for Council’s customers and users of the Fees and Charges schedule. The change did not alter the amount being charged, they are merely cosmetics and qualitative in nature.

· Speech Therapy - NDIS Allied Health Fees: As per NDIS price guideline.

· Speech Therapy - Private Allied Health Fees: $222.00

· Occupational Therapy - NDIS Allied Health Fees: As per NDIS price guideline

· Occupational Therapy - Private Allied Health Fees: $222.00

City Planning | Planning Certificates

Environmental Planning and Assessment Regulation 2021 instructed the following increase in the fees below:

· Section 10.7(2) Certificate: $69.00, prior year fee $67

· Full Certificate Section 10.7(2) and 10.7(5): $174.00, prior year fee $167

Financial Services | Other | Section 603 Certificates & Interest

The Office of Local Government Circular 24-05 /19 April 2024 / A894200 required the following changes to ratings for 2024-25:

· Section 603 Certificate fee has increased to $100, previously charged at $95.

· Interest on overdue rates and charges has increased to 10.5%, formerly at 9%.

Attachment 2 provides a list of these proposed changes.

Council also resolved on 29 April 24 to a temporary 75% reduction to outdoor dining fees for 2024-25, due to the temporary nature, the reduction is not required to be reflected in the Fees & Charges document, however the resulting reduction to revenue is reflected in 24-25 budget figures.

The Making of Rates and Charges for 2024-25

Council is required to endorse the Making of the Rates and Charges for 2024-25 under Section 535 of the Local Government Act before rates can be levied.

Rating Increase - IPART Rate Peg

The rate peg is set and announced by IPART each year.

In August 2022, the NSW Government requested IPART review the methodology used for the calculation of the rate peg. IPART released their draft report in June 2023 and released their final report on Friday 10 November 2023.

Historically the rate peg has been calculated using the backward-looking Local Government Cost Index with a standard rate peg to apply for all NSW councils.

From 1 July 2022 the rate peg was amended to include an additional percentage on top of the general rate peg for each council proportionate to their population increase.

From 1 July 2024, IPART have announced further changes to the rate peg methodology including:

• Councils will be divided into three distinct groups for calculating separate base rate pegs for each group, with the separate groups being (1) metropolitan, (2) regional and (3) rural councils. Penrith City Council will be part of the metropolitan group.

• To calculate the base rate peg for each group, IPART will use a simpler model with forward looking indicators to assess the base cost change to assess the base increase to apply for councils within that group. Instead of using a basket of goods commonly used by councils to calculate the average cost increases of those goods and services to determine the LGCI (Local Government Cost Index) as was formerly done, IPART will now use three components to calculate the base increase, being: employee costs; asset costs; and all other operating costs within that group of councils.

• On top of the base increase, each council would also receive their own individual factor to account for their annual Emergency Services Levy Contribution increase. It will be a lagged increase with any increase from one year collected in the next year’s Emergency Services Levy factor.

• Another factor will be included to account for changes in the superannuation guarantee rate that would otherwise be excluded by the rate peg in moving from the previous, lagged rate peg methodology to the new, forward-looking rate peg methodology. The catch-up adjustment accounts for the 1% increase in the superannuation guarantee rate from 10% in 2021-22 to 11% in 2023-24.

• Councils will also receive an additional factor for their increase for their individual population growth, less any adjustment for supplementary valuation growth received.

• The productivity factor will continue to be included but will be set at a default of 0% unless IPART believes that a factor is required.

IPART announced the 2024-25 rate peg as 4.8% for Penrith City Council on 21 November 2023.

This increase was made up of the standard rate peg for Metropolitan councils of 3.9% with a superannuation adjustment of 0.4%, an ESL adjustment of 0.5% and a 0% net population factor. Penrith City Council did not receive any population factor on top of the rate peg as revenue generated from our supplementary valuations calculated as a % exceeds IPART’s calculations as a % of how much our population has grown.

Councils can adopt the rate peg or apply to IPART for a higher increase under a Special Rate Variation (SRV). It is proposed that Council adopts the 4.8% rate peg for 2024-25.

Council Rates for 2024-25

Penrith City Council introduced a lower rate for residential properties in rural areas from 1 July 2021 by creating two residential sub-categories. If supported by the Council, a fourth and final adjustment will apply in 2024-25 for Rural properties with the rate set at 30% lower than the urban Residential rate, being the target rate set by Council in 2021-22.

The 2023-24 discount for eligible Rural properties provided an additional 8% (approximate) reduction that resulted in the differential rate between General Residential properties and Rural Residential properties from the 18% to about 28%. A small adjustment will be made between rural and other properties for 2024-25 so that the differential becomes 30%. From 2025-26 the differential will continue to be maintained at a 30% lower rate (it will be 70% of the General Residential rate).

Properties that are included in these two separate rural sub-categories which receive lower rates are:

Residential - Rural Area – All residential properties in the suburbs of Agnes Banks, Badgerys Creek, Berkshire Park, Castlereagh, Kemps Creek, Llandilo, Londonderry, Luddenham, Mount Vernon, Mulgoa, Orchard Hills, Wallacia.

Residential - Rural 2 to 40 Hectares – Any residential properties outside of the suburbs listed above but are between 2 to 40 Hectares in size, contain a dwelling and zoned for non-urban (rural) purposes.

These changes were introduced following an update to the rating legislation in June 2021. This new legislation allowed councils to modify their rating structure by using residential sub-categories to allow for differences between areas in relation to access to, demand for, or the cost of providing services or infrastructure.

The 4.8% rate peg applies to the total rates that Council can levy. Minimum rates are not able to be increased greater than the rate peg, so Residential, Farmland and Business Minimums will all increase by 4.8% as follows:

	2023-24 Minimum	2024-25 Minimum	Increase ($)
Residential	$1,228.30	$1,287.25	$58.95
Farmland	$1,228.30	$1,287.25	$58.95
Business	$1,497.40	$1,569.25	$71.85

Non-minimum properties will be adjusted after taking into consideration the 4.8% rate peg, the final change to the rural subsidy, and catch-up due to losses from rates reductions resulting from valuation objections, so increases for the non-minimum properties (excluding rural properties) will be slightly higher than the 4.8% rate peg amount.

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.

Every three years Council receives updated valuations for all properties in the Local Government Area. Council received a general land revaluation in 2022 with a base date of 1 July 2022, and those land values were first used for the assessment of rates from 1 July 2023. These valuations will continue to be for the assessment of rates for 2024-25 and 2025-26.

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 Marys Town Centre

Pension Rebates

Council provides eligible pensioners a pensioner subsidy. Council’s policy provides for a rebate of rates and domestic waste charges to a maximum of $250 (fixed by the local government act). In addition, pensioners are given an additional rebate equivalent to the Stormwater Management Service Charge (applies to urban properties only). Council receives reimbursement from the NSW Government for 55% of all pensioner rebate, excluding the rebate for the Stormwater charges.

Rates Revenue for 2024-25

Council currently has around 79,565 rateable properties contributing approximately 49% 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 $532,240 will be raised from Penrith CBD rates and $405,096 will be raised from St Marys Town Centre rates.

The 2024-25 Budget includes initial estimates for rates income with a net increase of $8.84m for Rates Income over the original estimate for 2023-24 included. This includes predictions for growth of both Residential and Non- Residential rates.

Note: The Residential Ad Valorem Rate in the Report for the Draft 2024-25 Operational Plan at the 29 April 2024 Ordinary Meeting was shown incorrectly as 0.0011716 (the ad valorem rate for Farmland). This was corrected to 0.0023432 in the Draft Operational Plan that went on exhibition and corrected in this Report.

2024-25 RATES LEVY INCOME
RATE CATEGORY	AD VALOREM RATE $	MINIMUM RATE 2024-25 $	MINIMUM RATE INCREASE $	TOTAL ANTICIPATED GROSS REVENUE $’000S	NUMBER OF PROPERTIES
Residential	0.0023432	1,287.25	58.95	99,742	70,647
Residential – Rural Area	0.0016402	1,287.25	58.95	17,979	4,678
Residential – Rural 2 to 40 Hectares with dwelling	0.0016402	1,287.25	58.95	840	201
Farmland	0.0011716	1,287.25	58.95	4,709	301
Business	0.003374	1,569.25	71.85	34,493	3,114
Business - Penrith CBD	0.00547878	1,569.25	71.85	3,554	401
Business - St Marys Town Centre	0.005034	1,569.25	71.85	1,123	223
TOTAL RATING INCOME				$162,440*	79,565

Note: The revenues identified in this section represent the gross anticipated revenues from the Rates Levy on 1 July 2024 prior to the application of Pensioner Subsidies, part year th, Provision for Doubtful debts, and other subsidies and abandonments.

The Residential Ad Valorem Rate shown in the Report for Draft 2024-25 Operational Plan at 29 April 2024 was shown incorrectly as the ad valorem rate for Farmland of 0.0011716. This was corrected in the Draft Operational Plan that went on exhibition.

Stormwater Charges

The Annual Stormwater Management Service Charge (SMSC) ensures Council can deliver a wide range of stormwater management initiatives essential to the health of the catchment and responding to community expectations.

The maximum charge for urban businesses is capped by legislation at $25 plus $25 for each additional (or part of) 350 square metres. These amounts are not indexed each year. For Business properties, Council currently charges below the maximum amount and has set the level at $22.80. When the SMSC was introduced in 2012 it was agreed to cap the charge at the level of revenue businesses were already contributing to storm water components, hence the reduced charge.

The charge for urban residential properties is set at the maximum amount of $12.50 for residential strata properties and $25.00 for non-strata residential properties.

Rural properties and vacant properties are exempt from the SMSC. Pensioners are given a rebate equal to the SMSC, so are effectively exempt also.

The table below shows the stormwater service charges to be levied for 2024-25 and the anticipated number of properties subject to the annual SMSC, and an estimate of the revenue to be generated in 2024-25. Note that some part year SMSC charges are included for new services that come on throughout the year, so the calculation of the number of assessments by the annual charge does not equate exactly to the forecast revenue totals.

2024-25 Stormwater Management Service Charges to be Levied

Stormwater Category	Annual Charge	No. of Properties	2024-25 Total Revenue
Urban Residential
Residential	$25.00	45,274	$1,131,225
Residential (Strata)	$12.50	13,959	$174,488
Residential (Pensioner)	$25.00*	8,233	$205,825*
Residential (Strata - Pensioner)	$12.50*	1,249	$15,613*
Urban Business
Business	$22.80 plus an additional $22.80 for each 350 square metres or part of 350 square metres by which the area of parcel of land exceeds 350 square metres (Business Strata units are apportioned by unit entitlement with a minimum charge of $5.00)	3,469	$1,013,622
Total Revenue		72,184	$2,541,000

*Council’s Policy has provided a 100% rebate for eligible pensioners.

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 2024-25 Operational Plan and 2024-25 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 2024-25 Operational Plan and 2024-25 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 10.5% per annum apply as permitted by the Minister for Local Government be used for 2024-25 (up from 9%).

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.

Under Section 564 of the Act, Council provides ratepayers who are unable to meet the quarterly instalment due date with alternative payment arrangements. Customers are able to contact Council by telephone or be email to make a payment arrangement.

Arrangements provide the customer with an opportunity to make weekly, fortnightly, monthly or one-off payments. Many arrangements are only short-term payment extensions while others run over several months. Generally the arrangements are for no longer than six months, with a view to settle the account in full by the end of the financial year. This allows the customer more time to pay, therefore reducing the financial impact on them.

Arrangements that extend beyond six months are carefully analysed as they can cause an unmanageable situation for the ratepayer if the debt increases beyond their future means.

Financial Implications

This report and attachments include information regarding the financial position for the final 2024-25 Budget that is presented tonight for Council’s approval.

The financial estimates included in the exhibited Draft 2024-25 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 2024-25 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 2024-25 Operational Plan. The aim of the LTFP is to provide a forecast of Council’s financial position for the next 10 years and enable Council to consider and make decisions on future activities. The LTFP must also be reviewed in detail as part of the four-yearly review of the Community Strategic Plan.

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 Council’s 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 Council’s website within 28 days after the Plan is adopted.

Council will meet these requirements by adopting the recommendations of this report and posting a copy of the adopted operational plan on the Council’s website within 28 days

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, the latest revision of councils Long Term Financial Plan is contained in the 2024-25 Operational plan presented to council for adoption at tonight’s meeting.

Conclusion

This report seeks Council’s adoption of the final 2024-25 Operational Plan (with proposed changes outlined in this report and the associated attachments), following Council’s consideration of the submissions and the budget variations proposed for 2024-25.

Once Council adopts the final 2024-25 Operational Plan and 2024-25 Fees & 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).

The 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 2024-25 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 Performing and Visual Arts Ltd until the presentation of its Annual Report for 2024-25.

RECOMMENDATION

That:

1. The information contained in the report on Penrith City Council 2024-25 Operational Plan and 2024-25 Fees and Charges be received.

2. In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2021, Council adopt the 2024-25 Operational Plan and 2024-25 Fees & Charges, incorporating proposed changes outlined in this report, and any amendments made at tonight’s meeting.

3. Council agree to underwrite the operations of Penrith Performing and Visual Arts Ltd until the presentation of its Annual Reports for 2024-25.

4. Council adopt the following to make the Rates, Charges and Pensioner Rebates for 2024-25:

a. Ordinary Rate: Council make its Residential, Business and Farmland rates for 2024-25 in accordance with Section 535 of the Local Government Act 1993 as follows:

Category	Minimum Amount	Ad Valorem
Residential	$1,287.25	0.0023432
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	$1,287.25	0.0016402
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)	$1,287.25	0.0016402
Farmland	$1,287.25	0.0011716
Business	$1,569.25	0.003374
Business – Penrith CBD	$1,569.25	0.00547878
Business – St Marys Town Centre	$1,569.25	0.005034

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 2024-25 Operational Plan and 2024-25 Fees & Charges.

d. Effluent Charges: Council make its annual charge for effluent removal services as outlined in the report and the 2024-25 Operational Plan and 2024-25 Fees & Charges.

e. Pensioner Rebates: 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, 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.

f. Service of Rate Notices: The General Manager be authorised to prepare and serve Rates and Charges Notices for and on behalf of Council.

ATTACHMENTS/APPENDICES

1. ⇩	2024-25 Budget - Changes on Exhibition	3 Pages	Appendix
2. ⇩	2024-25 Fees & Charges - Changes on Exhibition	2 Pages	Appendix

Ordinary Meeting 24 June 2024

RFT23/24-40 - Provision of Legal Services Tender

Compiled by: Andrew Avery, Legal Services Manager

Authorised by: Stephen Britten, Chief Governance Officer

Outcome	We have open and collaborative leadership
Strategy	Corporate Enablers
Principal Activity	Provide legal advice and litigation services to Council

Executive Summary

Council advertised for tenders for the provision of Council’s external legal services via Vendor Panel on 15 March 2024. The tender closed on 10 April 2024.

The tender advertisement indicated that up to three firms would be appointed to Council’s external panel for a period of three years with an option by Council to extend for a further two x one-year periods.

Based on a detailed evaluation, the firms that are recommended by the Tender Evaluation Panel (TEP) to be the most advantageous to Council are Dentons Australia Limited, HWL Ebsworth Lawyers, and Sparke Helmore Lawyers.

Background

It is important to outline Council’s legal services function as a whole so that the composition of external legal services can be placed into context.

Council currently employs an in-house legal team consisting of the Chief Governance Officer, Legal Services Manager, Senior Solicitor, Solicitor, and Paralegal (temporary). The in-house legal team provides services and advice across a broad range of practice areas pertaining to local government including litigation, conveyancing, environmental law, employment law, property law, and general legal advice.

Council’s in-house legal team acts for Council in litigated matters predominantly in the Local Court, Land and Environment Court, NCAT, and Supreme Court. In addition to appearing as solicitor advocates, the in-house team may directly brief barristers in litigated matters or where specialist advice is required. The purpose of doing so is to ensure a cost-effective legal service to provide to the organisation.

It is essential that Council’s external legal service providers provide a high and expert level of advice across a range of practice areas. Council’s yearly expenditure on legal services reflects the composition of the legal services it requires. The external panel of providers supplements and complements the internal legal services. In other words, most work is carried out by Council’s in-house legal team and only specialised work is referred to an external panel.

Tender Evaluation Panel

The Tender Evaluation Panel (TEP) consisted of Andrew Avery (Legal Services Manager), Glenn McCarthy (Program Assurance Manager), and Greg McCarthy (Environmental Health and Compliance Manager).

Evaluation Process

The process for the evaluation of tenders was as follows:

1. Initial review of tenders to determine compliance with the evaluation criteria, including the ability to provide the range of services specified;

2. Scoring of tenders against the assessment criteria;

3. Scoring of tenders using pricing information; and

4. Determination of a short-listed tenders.

The capacity to complete the works criteria specified in the tender documents were as follows:

- A brief history of the organisation that provides an insight of the type of Services they are able to provide;

- Experience working with local government clients;

- Previous similar work by the tenderer that is of a similar nature to that sought in the request for tenders;

- Examples of three recent contracts entered of a similar nature to this request for tender;

- Key personnel and their experience.

In relation to the cost requirement, the tenderers were required to provide a schedule of rates for lawyers at partner, special counsel, senior associate, lawyer (1-3)/ (4–7), and graduate levels. The rates were then applied to a hypothetical case to calculate an effective rate for each firm. The effective rate was calculated by charging 1 hour (each) of partner and special counsel + 2 hours (each) of senior associate, lawyers, and graduates.

No firms met the local supplier requirement.

Nature of Legal Services Required

The tender documents indicated that Council requires external solicitors to work in the following areas:

1. Local Government Law

2. Environmental Planning and Assessment Law

3. Local Government Prosecutions

4. Injunctions

5. Licencing

6. Compulsory Acquisitions

7. Construction Law

8. Industrial Law

9. Property Law

10. Company Law

Tenders

Seventeen firms tendered for Council’s external legal services. The firms were:

Firm	Contact Partner
Apex Planning & Environment Law	Grant Anthony Christmas
Bilias & Associates, Solicitors & Barristers	Angelo Bilias
Eventus Lawyers Pty Ltd	Angela Smith
Dentons Australia Limited	Jodie Wauchope
Holding Redlich	Thomas Kwok
HWL Ebsworth Lawyers	Danielle Le Breton
Keystone Lawyers Pty Ltd	Lou Stojanovski
Maddocks	Joshua Same
Marsdens Legal	Adam Seton
Moray & Agnew (Newcastle)	Patrick Kaluski
Pikes & Verekers Lawyers	Roslyn McCulloch
Hall & Wilcox	Stan Kondilios
Redenbach Australia Pty Ltd	Keith Redenbach
Shaw Reynolds Pty Ltd	Chris Shaw
Sparke Helmore Lawyers	Catherine Morton
Wilshire Webb Staunton Beattie	Cecilia Rose
Yimba Legal & Consulting	Damien Barnes

The Request for Tender indicated that Council may appoint up to 3 firms to its external legal services panel. Given that Council’s internal capability is strong and effectively resourced to provide services for a large proportion of legal work it is considered that it would be most advantageous to appoint 3 tenderers to the panel.

The appointment of 3 tenders allows for more effective management and control of Council’s legal panel. By having 3 firms, situations where 1 firm may be conflicted out of acting for Council can be better managed by having 2 other firms available to carry out such work. 3 firms also provides Council with a wider range of legal expertise and depth to draw on when specialists are required.

Capacity to Complete the Work

Following initial assessment against mandatory criteria, each tender was assessed against the evaluation criteria listed above. The five firms that achieved the highest scores were ranked as follows:

1. Sparke Helmore Lawyers

2. Dentons Australia Pty Limited

3. HWL Ebsworth Lawyers

4. Marsdens Legal

5. Maddocks

The TEP believed these firms demonstrated that they are capable of offering a higher standard of legal services across all areas of law. Each of these firms were able to demonstrate (more so than their counterparts) that:

- They possessed high levels of expertise in the areas of law and practice areas outlined in the request for tender document;

- They had a high-level of depth within their teams in that all levels of lawyers working within the firms had significant experience in working with local government clients compared to others (*Maddocks only provided information on the partners of their firm);

- The partners of each firm were very experienced;

- They had the capacity, level of infrastructure, and quality of service across all areas of law; and

- They had significant and extensive experience in environmental planning and local government law.

Further, the shortlisted firms were able to demonstrate significant experience in working with NSW local government clients across all areas of law (not just private clients), that they are on other panels for Sydney-metropolitan councils with similar needs, and that they had expansive teams that were readily available to perform the services required.

Cost Effectiveness

Tenderers were required to provide a schedule of rates for lawyers at partner, special counsel, senior associate, lawyer (1-3)/ (4–7), and graduate levels. The rates were then applied to a hypothetical case to calculate an effective rate for each firm. The effective rate was calculated by charging 1 hour (each) of partner and special counsel + 2 hours (each) of senior associate, lawyers, and graduates.

The range of legal fees charged by the top five firms were as follows:

Type of Lawyer	Fee (excl GST)
Partner/ Special Counsel	$420 - $570
Senior Associate/ Associate	$400 - $496
Lawyer	$315 - $415
Graduate	$218 - $350

The effective rates of the top-five firms were as follows:

1. HWL Ebsworth Lawyers ($3,575)

2. Dentons Australia Pty Ltd ($3,710)

3. Marsdens Legal ($3,760)

4. Maddocks ($3,869)

5. Sparke Helmore Lawyers ($4,200)

It is the experience of the in-house legal team that even if the hourly rate of a particular solicitor is higher, the overall bill may be less if that solicitor is more efficient in providing a solution or undertaking the work. While a Partner may have a much higher rate, the majority of work performed is ordinarily performed by lawyers at a senior associate or lower level.

Short-listed firms

After the cost-effectiveness and capacity to complete the work were assessed, the top firms were rated in the following order:

1. HWL Ebsworth Lawyers

2. Dentons Australia

3. Sparke Helmore Lawyers

4. Maddocks

5. Marsden Legal

The TEP considers HWL Ebsworth Lawyers, Dentons Australia, and Sparke Helmore Lawyers as the tenders that demonstrate the best value for money and are the most advantageous to Council. It is recommended that HWL Ebsworth Lawyers, Dentons Australia, and Sparke Helmore Lawyers are appointed to Council’s external legal services panel.

Financial Implications

The usual corporate scorecard checks were not undertaken for the preferred supplier panel, due to the minimal risk involved as the vendors will only receive payment after the services have been provided to Council.

The total Provision of the Legal Service Tender is $2,550,000 over three years. Funding has been incorporated into the Original Budget as a transfer to the Legal Services Reserve which is linked to Projects that draw upon funds as Legal cases are undertaken. The reserve is replenished with $850,000 annually from General Revenue which forms the basis of Project budgets where Legal cases are paid from.'

Risk Implications

The tendering of Council’s external legal services ensures that where those services are required that Council is obtaining those services from firms that are most advantageous to Council.

All risks were managed in accordance with Council’s strict procurement framework.

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Adam Beggs - Governance Manager, Lana Axford – Procurement Coordinator were briefed on the background and the process followed to establish a panel to provide legal services.

The TAG considered the recommendations in relation to the tender, noting that the three firms recommended to be included on the panel are the most capable of providing the services required and offer the most advantageous proposals to Council.

The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

RECOMMENDATION

That:

1. The information contained in the report on RFT23/24-40 - Provision of Legal Services Tender be received

2. The three successful tenderers – Dentons Australia Limited, Sparke Helmore Lawyers (RM Hassall & AS White & Others) and HWL Ebsworth Lawyers (the Martinez HWL Practice Trust & the East HWL Practice Trust & the Warat HWL Practice Trust & the Marin HWL Practice Trust & Others) form a Panel of Approved Vendors for legal services.

3. The contract will be for a period of 3 years with the option by Council to extend for a further 2 x 1 year extensions at Council’s discretion and based on performance.

4. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.

5. The General Manager or his 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 24 June 2024

The Parks Governance Review

Compiled by: Adam Beggs, Governance Manager

Carlie Ryan, City Strategy Manager

Authorised by: Kylie Powell, Director - City Futures

Stephen Britten, Chief Governance Officer

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

Executive Summary

The Western Sydney City Deal was signed by the Prime Minister, the Premier of NSW and the Mayors of the eight City Deal councils on 4 March 2018.

A significant level of cooperation has developed amongst the councils since signing the City Deal. This collaboration has seen the successful completion of a number of commitments, as well as establishing enduring governance between the councils.

A Relationship Framework for the Councils of the Western Parkland City and the subsequent Memorandum of Understanding (MoU) was signed in February 2019 to confirm the intention of each council to continue to investigate the feasibility and potential mechanisms to establish a formal alliance or partnership for the 8 councils of the Western Parkland Region, similar to a joint organisation. This resulted in the establishment of The Parks as an alliance.

Recently, a review was undertaken of the current governance model to improve the effectiveness of the alliance and maximise benefits for the member councils and their communities.

This review, including independent options analysis and advice, engagement with all councils and consultation with the Minister for Local Government, identified that the existing governance model for The Parks be recommended to change to a Section 358 entity under the Local Government Act 1993 constituted as an incorporated association under the Associations Incorporation Act 2020.

Importantly, this updated governance model retains the autonomy of all member councils and brings with it no or minimal additional financial costs on members. It does however significantly lift the potential of the alliance to deliver benefits for its member councils and the region.

This report outlines the process undertaken so far and provides all relevant information for Council to consider, including Attachment 1 – Policy and Governance Implications and Attachment 4 – Western Parkland Councils Delivery Program.

Background

The Parks is an alliance of the eight Councils that make up the Western Parkland City: Blue Mountains, Camden, Campbelltown, Fairfield, Hawkesbury, Liverpool, Penrith and Wollondilly.

The Mayors of the eight councils of the Western Parkland City agreed to form the alliance and to work together in the delivery of the City Deal in 2018. This alliance was formed as a s355 committee under the Local Government Act and is currently hosted by Campbelltown City Council.

The Mayors subsequently endorsed a Relationship Framework (August 2018), signed an MoU (June 2019) and then Deed of Agreement (November 2020).

In forming the alliance, it was agreed that an office would be established, and an Executive Officer and Executive Assistant employed.

Known then as the Western Parkland Councils, this office was charged with overseeing the implementation of the City Deal as the local government representative both within the City Deal Delivery Office and on the various forums, project control groups and steering committees that were responsible for implementing the commitments.

This office played a pivotal role in protecting the interests of local government while gathering key intelligence, identifying issues of concern and relaying these to the relevant council officers.

In addition, this office played the key secretariat role in coordinating regular meetings of the Lead Officers, General Managers and Mayors to discuss these issues, consider desired outcomes and advocate for needed change.

As this office evolved, projects that were seeded by the City Deal activities but did not signify as commitments, began to progress, such as the Digital Equity and Inclusion Program, the Open Data Portal Project, and the Cybersecurity Uplift Program. Further detail can be found in The Parks’ Delivery Program (Attachment 3).

This increased agenda of work accompanied by an increasing desire by the Mayors to take a stronger advocacy stance has led to regular reconsideration regarding the entity that best meet the needs of the group.

Over the past 6 years the reality is that many of the difficult issues and challenges faced by the Western Parkland City communities those that are not confined within one or two LGA boundaries has become starker. These are issues that are relevant to all, including lack of public transport connectivity and overdependence on cars, lack of adequate health and education facilities and services, lack of digital connectivity and digital equity, environmental emergencies caused by climate change, funding and the need for a comprehensive economic development strategy, among others.

The inability to access WestInvest grant funding due to the office being hosted by Campbelltown City Council triggered further discussions regarding the establishment of an entity for the alliance.

Governance Review

The Mayoral Forum initiated a review of the governance model to improve the effectiveness of the alliance and maximise benefits for the member Councils and their communities.

To gain an unbiased and evidence-based recommendation regarding the best governance structure, Morrison and Low was engaged and conducted desk research and interviews. They then presented a comprehensive table of possible entities (separately enclosed). The consultant set out all the possible options and recommended that while either a s358 or s400(o) entity would provide an appropriate vehicle to deliver the desired outcomes, an s358 appeared to be more suitable.

Following consideration, the Mayoral Forum held on 5 October 2023 endorsed that the existing governance model be updated to a s358 entity constituted as an Incorporated Association model. A Joint Organisation model (s400(o)) was also considered, however it was not supported due to the additional regulatory restrictions and financial costs associated with Joint Organisations.

Importantly, this updated governance model retains the autonomy of all member councils and brings with it no or minimal additional financial costs on members.

It does however significantly lift the potential of the alliance to deliver benefits for its member councils and the region.

A delegation of Mayors from Campbelltown, Penrith and Camden on behalf of the Mayoral Forum then met with the Minister for Local Government, The Hon. Ron Hoenig MP, on 26 February 2024 to seek his views on the establishment of The Parks as an s358 entity. The Minister was very complimentary about what The Parks had achieved to date, understood the objectives and offered to consider the proposal following the preparation of a draft Constitution that set out clear and transparent principles for the governance of the organisation.

A draft constitution has been prepared (Attachment 2) and has been reviewed by HWL Ebsworth Lawyers.

The organisation would continue to have eight members, being the eight Councils of the Western Parkland City.

Each Council would appoint one delegate to the Board of the organisation and from those members, one President would be elected.

The Board would support the development and then subsequently endorse the delivery program, operational plan and financial budgets for the organisation and would provide the oversight of these plans and budgets.

The delivery program and operational plan would be informed by detailed three-year financial projections (that would be developed).

Further Considerations

Policy and Legislative Requirements

Section 358 of the Local Government Act 1993 requires Ministerial consent prior to the establishment of an Incorporated Association.

Section 377(1)(s) of the Local Government Act 1993 requires Council to approve the making of an application to the Minister.

The Office of Local Government’s Formation of Corporations and Entities (Section 358 Guidelines) (Attachment 6) sets out the procedures and processes to be followed when councils are considering making an application to the Minister for consent.

A copy of the minutes showing that Council resolved to make an application to the Minister for approval, as well as a copy of the relevant council reports must be supplied as part of the application.

Each Council must also complete the self-assessment questionnaire for submission to OLG (Attachment 6).

The General Managers/CEOs of each member council must certify that the self-assessment and other documents have been prepared in accordance with the Guidelines.

The Associations Incorporation Act 2020 guides the establishment of the incorporated association.

Should each Council determine to support the shift to a separate entity, being an incorporated association, as the operating model for The Parks, the Executive Director of The Parks will prepare the application for the Office of Local Government based on the requirements set out in Formation of Corporations and Entities (s358) Guidelines dated January 2022 (Attachment 6).

The application to the Minister will include the Organisation’s Constitution (Attachment 2), which outlines oversight mechanisms, the structure and requirements of the Board, purposes for which the Organisation is established, its operational structure and approval processes.

It should be noted that the entity will have as its members any and all Councils within the Western Parkland City region that wish to join.

Governance Comment

Governance staff have reviewed the process followed by the Parks, including the engagement of Morrison and Low and HWL Ebsworth Lawyers to review the constitution and options available in accordance with the guidelines. Governance staff are comfortable that the review undertaken has been extensive and in accordance with the guidelines, and in the event Council determines to proceed, then the application submitted will be of a high standard. Council’s Legal and Governance teams will support the application being prepared by the Executive Director, The Parks and report back to Council as required.

Entity Name

It is suggested that this process could present an opportunity to consider the name of the entity to one that better reflects the grouping of councils and their objectives. Regardless of the application being made to the Minister and whatever form the entity takes it is suggested that a review of the name be undertaken.

Financial Implications

It is proposed that the organisation continue to receive base funding from Council (at the same rate as hitherto), but actively pursue other sources of financial support including grants to enhance its program offerings and its contribution to the community and lessen the financial burden on Council.

Risk Implications

To manage and mitigate against any potential risk to member councils, a risk management plan has been developed, which identifies and analyses any actual or potential risks associated with the project. (Attachment 5).

Conclusion

The adjustment of The Parks operating model from one that is hosted by Campbelltown City Council to an s358 entity would allow The Parks to drive a greater number and variety of initiatives that benefit all residents, businesses and visitors to the Western Parkland City and ensure that Member Councils are perfectly placed to secure the economic and social benefits created by the construction of the Western Sydney International Airport. It will play a pivotal role in representing local government interests to State and Commonwealth governments while ensuring that the needs and concerns of member councils are being met in a timely and effective manner.

RECOMMENDATION

That:

1. The information contained in the report on The Parks Governance Review be received

2. Council notes that this updated governance model retains the autonomy of all member Councils and brings with it no or minimal additional financial costs on members.

3. That Council endorses:

I. that the existing governance model for The Parks be updated to a Section 358 entity under the Local Government Act 1993 constituted as an Incorporated Association under the Associations Incorporation Act 2020 with primary responsibility for conducting research and gathering evidence to advocate effectively for the residents, businesses and visitors of the Western Parkland City and implement programs and initiatives that bring regional benefits.

II. the attached Constitution as the Constitution for this organisation, to be known as the ‘The Parks’ Councils Organisation.

4. Subject to Ministerial consent, authorises the Mayor and General Manager to work with the other councils’ Mayors and General Managers to establish the entity as per Section 358 of the Local Government Act and the OLG Guidelines for the Formation of Corporations and Entities (s358).

5. Council make representations to the Executive Director, The Parks requesting a review of the entity name to better reflect the grouping and objectives of member councils.

ATTACHMENTS/APPENDICES

1. ⇩	Policy and Governance Implications	4 Pages	Attachments Included
2. ⇩	The Parks Sydneys Parkland Councils Inc. - Constitution	25 Pages	Attachments Included
3. ⇩	Proposed Service Deliverables	6 Pages	Attachments Included
4. ⇩	Western Parkland Councils Delivery Program	26 Pages	Attachments Included
5. ⇩	Risk Management Plan	4 Pages	Attachments Included
6. ⇩	Formation of Corporations and Entities (Section 358) Guideline	26 Pages	Attachments Included

-	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 2023-24 Annual Statements are presented
∞	Meeting at which any comments on the 2023-24 Annual Statements are adopted
+	Meeting at which the Annual Report is presented
>	Briefing to consider Budget, draft fees & charges and corporate document

Account	Debtor Name	Amount	Debt Description	Write-Off Reason
Rate Account 805082	Richmond Bridge Burra Park 4 Pty Ltd & Richmond Bridge Burra Park 3 Pty Ltd & Richmond Bridge Burra Park 2 Pty Ltd	$5,136.89	Interest charges levied for February 2024 on rates owed by the previous owner of a property in Badgerys Creek.	This property was sold on 29 February 2024 for a substantial sum of money. Typically, rates are settled on the day of property transfer. However, in this case, the settlement payment was not received by Council until the day after, the delay may have been due to the large sums of money involved. As the previous owner had a significant outstanding rates balance, the interest charge was levied to the account on 1 March, prior to receiving the settlement payment that day. Consequently, the new owner is now liable for these charges. Given the delay in Council receiving the settlement payment, it is not considered reasonable for the new owner to pay interest charges accrued by the previous owner.
Sundry Debtor Account 64171	Punch N Crunch	$2,185.45 (GST exclusive amount)	Outstanding Cambridge Park Hall Hire Fees (See Note below regarding future process review for Facility Hire)	This facility was used by the debtor for a personal training business. Access to the facility was restricted and communications have been challenging and intermittent. Given the age of the debt and the low likelihood of successful recovery action, it is recommended to write it off.
Sundry Debtor Account 63175	Velocity Performing Arts	$2,808.65 (GST excl amount)	Outstanding Rent for Emu Heights NHC (See Note below regarding future process review for Facility Hire)	Council worked with this debtor when payments for the hall hire fell behind, aiming to support the community and small businesses in our area. Initially, incremental payments were made, allowing continued use of the facility. As communications became intermittent, immediate steps were taken to restrict access to the facility. Over three to four years, the debtor has made payments covering over 80% of the initial debt. Communication has now become very challenging and given the age of the debt, the remaining balance, and the low likelihood of successful recovery, it is recommended to write it off.
	Total	$10,130.99

Average Attendance	In-Person Average	Remote Average
12	9	3