Agenda of Ordinary Meeting - Monday, 28 October 2024

Ordinary Meeting 28 October 2024

REPORT AND RECOMMENDATIONS OF THE
Resilience Committee MEETING

HELD ON 21 August, 2024

PRESENT

Councillors Robin Cook and Sue Day; Yang Xiang, Kerry Dolaghan, Nevin Sweeney, Aditi Verma, Eloise Milthorpe.

IN ATTENDANCE

Jeni Pollard – Head of Future Directions and Resilience (Chair), Belinda Atkins – Sustainability and Resilience Lead, Krystie Race – Sustainability Research Planner.

PRESENTERS

Lawrence Hennessy – Corporate Strategy Lead, Holly Watson – Corporate Strategy and Performance Officer.

APOLOGIES

Councillor Mark Rusev, Alison Dunshea, Margaret Maljkovic, Marzi De Santi, and Carina Fernandes.

CONFIRMATION OF MINUTES - Resilience Committee Meeting - 20 March 2024

That the minutes of the Resilience Committee Meeting of 20 March 2024 be confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

DELIVERY PROGRAM REPORTS

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

1 Resilient Penrith Action Plan Update

Belinda Atkins provided an update on actions within the Resilient Penrith Action Plan. These updates are noted below:

The Adopt-A-Tree program for 2024 was successful, with over 240 trees being adopted by residents across the wider Penrith LGA, on the tree adoption day held on 11 May. Trees were also delivered to residents through the E-Delivery service, utilising Council’s electric vehicle to deliver trees to those who were eligible for the service. All native trees were propagated at Council’s nursery.

The emergency preparedness and recovery program continued to be delivered. A consultant was engaged to undertake a review of Community Resilience Networks and recommend models that may work in the Penrith LGA. A literature review and case studies of existing workable models has been undertaken and staff and external consultation is underway. The project is due for completion by end of September.

Preparedness and recovery pop up events were held in Wallacia and Londonderry in April/May 2024. Wallacia pop-ups moved to the Wallacia Town Centre and included a community BBQ and emergency service expo. Londonderry included an emergency service expo, go bag giveaways and a Walk on Country at Rickaby’s Creek. A resource ‘Londonderry Ready Booklet’ was developed specifically for the Londonderry community.

A Penrith LGA wide community Emergency Ready Booklet and Emergency Ready Business Flyer have been developed as a resource for the community to know their risk, keep informed and be prepared. This resource can be downloaded from https://www.penrithcity.nsw.gov.au/waste-environment/resilient-penrith/emergency-ready.

Two Sector Connect events were held in June for Community Service Organisations. Approximately thirty leaders from service organisations attended a Resilience Building Breakfast to explore the value of social capital and the role of community organisations in preparing the community for future shock events and supporting recovery. The event included keynote speakers Daniel Aldrich (Northeastern University) and Yvette Andrews (Resilient Sydney), and an expert panel. The Day Sector Connect event included a breakout session for community service staff to learn more about preparing their organisation for emergencies.

An update was also provided on Council’s corporate sustainability programs including the partnership between Council and SWAN Systems to install smart irrigation systems on nominated Council ovals/greenspace to optimise sustainable water management through efficient irrigation.

Council is progressing its Circular Economy Roadmap, noting that an e-learning module has been completed for staff and will be rolled out shortly. Council partnered with Regional Development Australia to present its Roadmap and a circular economy case study on textiles at a lunch and learn webinar for Economic Development Australia members.

Council has been undertaking work on reporting its greenhouse gas emissions. A consultant was engaged to undertake a staff workshop and run through the fifteen categories of the Scope 3 reporting requirements under the Greenhouse Gas Protocol. This workshop has assisted in identifying Council’s reporting boundaries for scope 3 and the data that Council will be required to capture for future reporting. Council has also signed up to Planet Price for a 3-month subscription to the Sustainable Procurement platform. The platform is currently analysing financial year procurement data and will provide a tread lightly assessment, mapping Council’s products and suppliers, and identifying the scope 3 emissions from these suppliers, as well as providing a ‘Planet Price’ quantifying the environmental impact of our operations. The impact categories included in the planet price are: global warming, acidification, ecotoxicity, eutrophication, respiratory disease, human toxicity, landuse, ozone depletion, smog, and water.

RECOMMENDED

That the information contained in the report on Resilient Penrith Action Plan Update be received.

Outcome 5 - We have open and collaborative leadership

2 Community Strategic Plan 2024 Review

Lawrence Hennessy presented on the Community Strategic Plan and the review currently being undertaken. The Committee members participated in a Menti feedback session to provide their input into the review of the Community Strategic Plan. It was noted that the community survey was open for the community to complete until end of August, and that the input through the community engagement process would be utilised to build on activities and actions for Council to address within the Community Strategic Plan. The Chair encouraged Committee Members to share the survey link with their networks. The survey can be accessed from the Your Say Penrith page at https://yoursaypenrith.com.au/mycity.

The difficulty in separating out top priorities and challenges within the survey was raised as the issues/challenges were seen as all interconnected, therefore theming of these challenges would become important.

It was also noted that one gap within the survey was the challenges around food security, local food production and transport/supply chains, also connecting to food affordability and health outcomes.

RECOMMENDED

That the information contained in the report on Community Strategic Plan 2024 Review be received.

GENERAL BUSINESS

GB 1 Council Fleet and Plant EV Transition Plan

Krystie Race provided a verbal update on the Fleet and Plant EV Transition Plan, noting that Evenergi were engaged to develop the Plan on behalf of Council. In developing the Plan the consultants undertook staff engagement, a fleet assessment, data analysis, total cost of ownership calculations and modelling of cost and carbon emissions for three scenarios (business as usual, economic and leadership). The Plan also included cost implications for charging infrastructure and potential home charging and market forces. The Transition Plan provided recommendations for Council in determining the transition pathway over the next 10-12 years, and in planning next steps to progress the transition.

The EV Transition Plan has been presented to Councils Executive Leadership Team, and the Chair, Jeni Pollard, noted that the General Manager and Leadership Team were strongly supportive and committed to an EV transition for Council’s fleet over the transition timeframe.

It was also noted that Council has purchased its first electric mower for use in the CBD areas, with added benefits of reduced greenhouse gas emissions and reduced noise impacts. An article/media release is being prepared for the local paper to promote the new electric mower.

GB 2 Committee Member Updates

Yang Xiang noted that Western Sydney University had ranked number 1 in the world in the Times Higher Education University Impact Rankings, for the third year in a row, topping the list of more than 1900 higher education institutions from 125 countries. The 1st place ranking highlights the sustainability credentials of WSU and its commitment to the 17 UN Sustainable Development Goals.

It was also noted that WSU has electric vehicles in its fleet and has worked to reduce the actual number of vehicles in the fleet to reduce emissions. There is currently EV charging infrastructure at the University Campus and a policy in place that allows EV vehicles to park under the Solar Canopy Carpark at the Kingswood Campus.

Kerry Dolaghan updated on Link Wentworth’s neighbourhood improvement program within Cranebrook, noting the collective impact on the community.

Nevin mentioned the Street Library he has out the front of his home, which is filled with fresh produce / food for neighbours and other community members to take. Noting that the cost of living and food affordability is having an impact on the community with the food now being taken from the library on a daily basis.

Aditi noted that she had successfully seeded native plants in her garden and biodiversity was increasing, including a first-time sighting of a figbird. Aditi also mentioned that Camden Council is working on a Water Sensitive Cities vision. It was noted that this was also a goal identified within the Resilient Penrith Action Plan and there may be opportunities for collaboration in the future.

Councillor Robin Cook mentioned the Trees for Dad event being held for Father’s Day at Glenmore Park, hosted by Council’s Bushcare Team. This is a successful family event being run for the 6th year, whilst also contributing to Council’s Cooling the City goals.

Councillor Sue Day noted that she was proud of Council’s committment to building resilience and has enjoyed her time on the committee.

The Chair noted the upcoming Council elections and wished Councillors Robin Cook and Sue Day the best of luck.

GB 3 Committee Feedback Session

Belinda Atkins noted that as we come to the end of the Resilience Committee term it is a good opportunity to undertake a review of the committee, with respect to what is working, what can be improved, and where do we go from here. Committee members were asked to provide their feedback.

Kerry Dolaghan noted on behalf of Margaret that Link Wentworth, as a Housing Provider working in the area were proud to be a part of the committee which has provided connections and opportunities. Nevin Sweeney noted that being part of the committee had given him a window into the bigger resilience picture.

Other feedback provided on the structure and format of the committee are provided below:

• Quarterly meetings not sufficient in keeping the resilience issues/challenges of the committee at the front of mind.

• The timing of the meetings, being after hours, is more difficult for professional members to attend, however, noting the challenge in finding the right time that suited professionals, community members and councillors.

• The format is more on the inform side of the engagement spectrum. More opportunities for involvement would be an improvement.

• Empower committee members to participate in and contribute directly to community engagement activities (more hands on).

• Look at how members can best add value to the committee, and also what value professional organisation members can gain from their membership on the committee.

• Ability for the committee to add value, contribute and advise earlier on in the process to influence positive outcomes.

• Having the different members (i.e. community, professional, councillor) does stimulate discussion, raise ideas and provide different perspectives.

• Potential for different groups to meet when they are available and roll up all ideas to a board, where councillors can advocate for ideas/opportunities.

• Noting that the format of the committee should be what best suits the majority (online, hybrid, in-person), but noting that having everyone in the same room is valuable.

• The purpose of the committee will help in guiding the structure.

• The Resilient Penrith Action Plan and tools such as the community strategic plan surveys will help inform priorities.

• Possibility for the committee to do professional development

• Potential for members as a committee or sub group to undertake smaller discreet projects.

GB 4 Member General Business Items

Nevin Sweeney asked where the verge garden action was up to. Belinda Atkins noted that initial verge garden specifications and guidelines have been drafted in consultation with various staff, however further consultation and required work to progress this action has been put on hiatus until the part-time Sustainability Engagement Officer position has been recruited and is available to recommence this work.

The Chair, on behalf of Marzi De Santi noted his thanks for the opportunity to contribute to the Resilience Committee over the committee term.

GB 5 Thank you from the Chair

The Chair, Jeni Pollard, noted that this was the last meeting of the Committee term and thanked Committee Members for their commitment to the Resilience Committee, and for providing their expertise, input and time to give back to the community, and assist council to focus and refine our work to achieve positive resilience outcomes for both Council and the community.

There being no further business the Chairperson declared the meeting closed the time being 7:50pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 21 August, 2024 be adopted.

Ordinary Meeting 28 October 2024

Draft St Marys Town Centre Master Plan for Public Exhibition

Compiled by: Fiona McDermott, City Strategy Lead

Authorised by: Carlie Ryan, Head of City Strategy

Kylie Powell, Director Futures and Strategy

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

Previous Items: 2- Draft St Marys Town Centre Master Plan- Councillor Briefing- 21 Oct 2024 7:00PM

3- Draft St Marys Town Centre Master Plan - Progress Update 2- Councillor Briefing- 19 Aug 2024 7:00PM

2- Draft St Marys Town Centre Master Plan - Progress Update and Next Steps- Councillor Briefing- 08 Apr 2024 7:00 PM

Executive Summary

This report seeks Council’s endorsement for the public exhibition of the draft St Marys Town Centre Master Plan (separately enclosed). An Executive Summary document is provided at Attachment 1. An Explanation of Intended Effects (EIE) which outlines the proposed amendments to Council’s Local Environmental Plan to enable implementation of the Master Plan is provided at Attachment 2. This EIE will be publicly exhibited for feedback alongside the draft Master Plan.

St Marys Town Centre is Penrith City’s second largest centre. Developing St Marys into a thriving destination in the Western Parkland City has been a long-held aspiration for Penrith City Council, local businesses and the community. It will be connected via metro rail to the new Western Sydney International (Nancy Bird Walton) Airport from day one of operations with a travel time of 15 mins.

In 2022, Council endorsed the St Marys Town Centre Structure Plan as the first stage of the planning pathway for St Marys. The draft Master Plan, which is the second stage of the planning pathway, builds on the work undertaken to date and focuses on the implementation, infrastructure and delivery of actions required to fulfill the vision for St Marys Town Centre.

The draft Master Plan is underpinned by the four key principles of Council’s Centres Planning Model (stakeholder driven, evidence-based, place-based and achievable) ensuring the delivery of meaningful change and high-quality outcomes. Its development has been equally informed by a suite of specialist technical studies providing a robust evidence base for the proposed scale of development that is required to drive feasible growth. These studies will be made publicly available as supporting documents to the public exhibition of the draft Master Plan. Engagement with the community and stakeholders, including State agencies, has also been a driving influence throughout the process.

The draft Master Plan provides a comprehensive and coherent planning, urban design and implementation framework to guide the transformation of St Marys over the coming decades from a suburban centre offering local convenience, to a vibrant strategic centre with a welcoming, sustainable and authentic urban experience. The Master Plan includes an implementation plan that informs future amendments to Council’s planning instruments and preparation of a Local Infrastructure Contributions Plan.

Councillors were briefed on the detail of the draft Master Plan throughout this year and most recently at the 21 October 2024 Councillor Briefing. It is recommended that Council endorse the draft St Marys Town Centre Master Plan to go on public exhibition, where community engagement will be undertaken for the month of November. This community engagement phase will be undertaken concurrently with the Central Park project.

Public exhibition of the draft Master Plan in November 2024 is critical to ensuring we deliver on our commitment to State Government to have completed and endorsed the St Marys Town Centre Master Plan, including recommendations for planning controls (potential Local Environmental Plan amendments) required to facilitate its delivery, by April 2025 to support our exemption from the Transport Oriented Development (TOD) Program. If we do not meet this deadline, our deferred commencement of the TOD Program will lapse, and the TOD SEPP (State Environmental Planning Policy aka State-imposed planning controls) will immediately come into effect in St Marys. This could jeopardise our work on the Master Plan and impede our long-term vision for the Town Centre including the provision of adequate supporting infrastructure.

Following the exhibition period, feedback on the draft Master Plan will be considered and relevant documents updated if necessary, before reporting back to Council for final approval of the St Marys Town Centre Master Plan together with the proposed first stage of planning controls in February 2025. At this point, the package of intended planning controls will be forwarded to the Department of Planning, Housing and Infrastructure to expedite changes to our planning instruments. At the same time, Council will be asked to endorse a second stage of more detailed controls including a draft Development Control Plan (DCP) and Local Infrastructure Contributions Plan for further public engagement at this time.

Background

St Marys 2041

In 2021, Council commenced St Marys 2041 – a proactive strategic planning response to position St Marys as a strategic centre in Western Sydney, leveraging the opportunities created by the Western Sydney International (Nancy Bird Walton) Airport and its direct link to St Marys via a station on the Sydney Metro – Western Sydney Airport line.

Stage 1 of St Marys 2041, the St Marys Town Centre Structure Plan, was endorsed by Council in late 2022. The Structure Plan provides a new vision for the Town Centre that drives the creation of a liveable, vibrant, sustainable and well-planned place that benefits both the existing and future community and supports investment in housing and jobs. The Structure Plan puts in place a framework to guide the growth of the Town Centre in a way that capitalises on and matches the quality of the transformational transport infrastructure being delivered.

Stage 2 of St Marys 2041 is the preparation of the St Marys Town Centre Master Plan. The Master Plan builds on the work already undertaken as part of the Structure Plan and focuses on the implementation and delivery actions required to fulfill the vision. The Master Plan will ensure that St Marys Town Centre becomes a vibrant, welcoming, sustainable and authentic strategic centre that realises its potential as a thriving destination in the Western Parkland City. The Master Plan includes recommended amendments to planning controls and will be supported by a new Local Infrastructure Contributions Plan.

Centres Planning Model

The development of the St Marys Town Centre Master Plan has been guided by the principles of Council’s ‘Engage-Plan-Support-Deliver’ Centres Planning Model, namely:

· Stakeholder driven – meaning we act in the community’s interest, with a focus on shared goals, trust and relationship building.

· Place-based – targeting the specific circumstances of a place and understanding the challenges and opportunities from a local perspective through working with local communities.

· Evidence-based – founded in robust research and policy.

· Achievable – supporting bold ideas that are deliverable without setting unrealistic expectations.

The St Marys 2041 holistic planning approach represented by the Centres Planning Model is the first of its kind for Council at a town centre scale and is gaining momentum as an industry-leading model to be replicated in other centres across the LGA.

Technical Studies

The draft Master Plan has been informed by a suite of specialist technical studies. These include:

· Two studies looking at St Marys’ local heritage and culture through both a First Nations and European settlers’ lens

· Two studies looking at multi-modal transport planning and car parking

· Various studies addressing important environmental and design aspects of St Marys Town Centre including environmental sustainability, urban ecology, land contamination, water management and urban design

· Studies investigating the economic and social aspects of St Marys Town Centre, including economic feasibility, infrastructure delivery and funding and social and affordable housing.

The technical studies collectively provide a robust evidence base for the proposed scale of development that is required to drive feasible growth and will be made publicly available as supporting documents to the public exhibition of the draft Master Plan.

St Marys Place Plan and Central Park Project

The St Marys 2041 planning pathway is complemented by the St Marys Place Plan and Central Park project, both Council-led initiatives to bring St Marys to life in the short term through place-making activities and by supporting the community to embrace the changes that are ultimately coming to the Town Centre.

The St Marys Place Plan (endorsed by Council in April 2024) helps to prepare and support the community and businesses for the change that is coming and will establish priorities for how our public spaces can evolve in the next 5-10 years in line with the Structure Plan.

The St Marys Central Park is a key project in the realisation of Council’s aspirations to support a heart for the town centre as identified in the St Marys Structure Plan. Detailed design work for the park and development of the Master Plan are aligned and progressing in parallel. To this end, the upcoming community engagement phase for the Master Plan will be undertaken concurrently with the Central Park project.

Transport Oriented Development Program and Housing Targets

The State Government’s Transport Oriented Development (TOD) Program and related State Environmental Planning Policy (SEPP) came into effect on 1 April 2024. As a TOD precinct, St Marys is a key component of Council’s housing pipeline. Given our demonstrated commitment to planning for growth in the Town Centre through the Structure Plan and now Master Plan, implementation of the TOD SEPP in St Marys has been deferred until April 2025 to enable Council’s master planning work to progress. This will allow us to continue to influence the future direction for growth in the town centre in a way that is tailored and responsive to the local context. This deferral is subject to the timely progression of the Master Plan and implementation of a considered place-based response to the land use outcomes in this locality as a priority.

In May 2024, the NSW Government released new housing targets, including 8,400 new dwellings to be completed in the Penrith LGA over the next 5 years. This target includes both ‘planned growth’ (being development already in the pipeline) and ‘projected growth’ (being additional dwellings anticipated from the NSW Government’s latest planning reforms, namely the proposed TOD and low to mid-rise housing proposals).

Community and Stakeholder Engagement

The development of all elements of the St Marys 2041 work has been informed by early and ongoing community engagement.

Engagement with the community and stakeholders started in early 2022 to inform development of the Structure Plan, in particular the Vision and desired Place Outcomes for the St Marys Town Centre. This early engagement centred around observing, listening to, and asking questions of the people who live, work, and play in St Marys to understand their needs and aspirations. This was followed in mid-2022 with the public exhibition of the draft Structure Plan, which included various community engagement activities as well as targeted consultation with key stakeholder groups. Feedback received in response to the public exhibition was incorporated into the final Structure Plan endorsed by Council in November 2022.

Community engagement for the St Marys Place Plan occurred in mid-2023. This built on Council’s previous engagement as part of the St Marys Town Centre Structure Plan process, with a focus on conversations with the community on both the Place Plan and St Marys Central Park. Collectively it is estimated that over 5,500 people have been engaged to date on the St Marys 2041 planning pathway through either the Structure Plan, Place Plan and/or Central Park project.

Since then, Council officers have continued to meet with stakeholders who made submissions on the Structure Plan, offering opportunities to share information relating to their properties. We also continue to chair and lead engagement with Government agencies through the St Marys Collaboration Group, which was established prior to developing the Structure Plan. Details of the upcoming community engagement to support the public exhibition of the Draft Master Plan in November 2024 are included later in this report.

Current Situation

Draft St Marys Town Centre Master Plan

Following on from the Structure Plan, which established the ‘What’ for St Marys Town Centre (i.e. what we aspire to, what we want to achieve and what we need to do), the draft St Marys Town Centre Master Plan establishes the ‘How’ (i.e. how we will do it and how it will look) through nuanced approaches to land use, density, built form, open space, public domain, access and movement etc. and identifying actions required to make it all happen. It also defines the ‘When’ (i.e. pathways for implementation including recommended planning controls and potential funding mechanisms).

The draft Master Plan progresses the Structure Plan’s Vision, Place Outcomes and Strategic Directions into a comprehensive and coherent future plan for St Marys Town Centre. It represents the synthesising of various detailed technical studies and planning/urban design analysis to deliver:

· A defined urban structure that enables growth and is responsive to established development patterns, adjoining transitions and sensitive interfaces.

· Land uses that support housing choice, job creation and a liveable town centre.

· A place-sensitive, people-oriented movement network that is permeable and prioritises sustainable transport options.

· A high quality and functional public domain and open space network that activates the town centre and delivers improved amenity.

· A sustainable approach to growth that is supported by infrastructure.

The draft Master Plan includes:

· Detailed strategies and design principles that respond to the vision, established place outcomes and strategic directions for the Town Centre.

· Proposed planning controls including land use zones, floor space ratios, building heights and setbacks that are critical to delivering the vision.

· An achievable and affordable infrastructure list that delivers the outcomes required to support the planned growth and make St Marys an attractive investment opportunity.

· Identified pathways for implementation, including potential funding mechanisms.

· Actions to convert the Master Plan into meaningful change.

Key outcomes sought by the draft Master Plan are:

· Rejuvenation of Queen Street as a mixed use ‘high street’ entertainment and dining precinct complemented by residential and commercial uses, and priority/dedicated infrastructure for pedestrians and bike riders.

· A consolidated Commercial Core complemented by a new co-working and creative hub of activity on the northern approach to the Town Centre.

· Retention of the productive and diverse industrial precinct north of Harris Street.

· An enlivened Civic Heart Precinct, including a new ‘Central Park’ and future Library and Community Hub.

· Greater housing choice diversity of dwelling typologies close to transport, jobs, services and amenity.

· Retention of the low-scale character of the Historic Living Precinct with a strong connection to St Marys’ rich past, sensitively intensified to support housing growth in a transit-oriented centre

· A peripheral vehicular movement corridor around the Town Centre Core streamlining through-traffic and bus movement and protecting Queen Street’s ‘place’ function.

· Consolidation of public car parking spaces into multi-deck structures accessible via the peripheral movement corridor, enabling redevelopment opportunities within the Town Centre.

· An enhanced public domain and active transport network with improved pedestrian permeability, including legible and efficient connections to St Marys train/metro stations and the Civic Heart for pedestrians and bike riders.

· New and improved public open spaces.

· Multi-functional infrastructure to improve waterway health and management as well as biodiversity, open space and sustainability outcomes.

· Enhanced connections to Wianamatta South Creek and restoration of the creek corridor.

The St Marys Town Centre Master Plan, alongside the Structure Plan, will guide decision making in relation to future growth and development within the St Marys Town Centre. The Master Plan will be instrumental in delivering a liveable, sustainable, and vibrant urban place that reflects the identity and aspirations of the people who live in, work in and visit the Town Centre.

Theoretical Development Capacity

The draft Master Plan provides a theoretical capacity for up to 11,220 dwellings in the Town Centre by 2041 (i.e. around 1.5 times more dwelling than the existing planning controls and more than 1,200 more than what the TOD SEPP would deliver within 400m radius). This would provide capacity for an estimated 25,500+ residents by 2041.

In addition, projected modelling using the Affordable Housing bonus could result in considerably more dwellings. Potentially there could be an increase of up to 2,520 additional dwellings if the 30% height bonus is applied across the applicable zones. Of that additional amount, State Government owned properties could equate to an additional 660 dwellings.

Council also acknowledges the critical importance of providing job opportunities in the Town Centre and encouraging commercial and retail uses that would ensure the Centre’s economic prosperity. To this end, the draft Master Plan requires up to 184,880m² commercial floorspace, which is significantly higher (almost double) than what exists today, consolidated where demand and feasibility is greatest. This roughly equates to a threefold increase in local jobs compared to what is existing, with additional potential through densification and diversification of jobs in the industrial area over time.

With respect to both dwellings and jobs, the draft Master Plan proposal would deliver more than the State Government’s Transport Oriented Development (TOD) proposal. This is because the TOD State Environmental Planning Policy (SEPP) focuses only on residential development and proposes controls that are less or the same as what already exist in the MU1 Mixed Use Zone and in the majority of the R4 High Density Zone in St Marys, meaning its applicability is limited. For the existing R2 Low Density Residential Zone within the 400m catchment from the Metro Station, our built form testing for the Master Plan shows the TOD SEPP controls cannot be achieved due to site constraints. The testing further confirms that medium-high density development is not appropriate for a range of reasons including fragmented land ownership, narrow street widths, shallow lot depths and the Sydney Metro tunnel alignment which prevents basement development. It has also flagged potential interface issues/implications beyond the 400m radius of SEPP influence (infrastructure, servicing, equity, amenity etc.).

Retaining the low-density character of the Historic Living Precinct (i.e. the existing R2 Zone) with only limited intensification of the built form will continue to connect St Marys with its rich past while also contributing to the evolution of the Town Centre and demonstrating a commitment to preserving its unique identity.

Development Feasibility

Whilst it is acknowledged that full capacity is rarely reached in any Town Centre due to a range of legitimate development constraints such as difficulty amalgamating sites or acquiring Stata titled lots, or simply a property owner’s reluctance to sell, more broadly economic feasibility determines whether development will occur on any given site. Development of the draft Master Plan has included careful consideration of the broader impacts of the current prevailing economic conditions and controls on the ability to uplift capacity in St Marys.

In addition, we have considered the unique site-based factors influencing development feasibility in St Marys and the range of interventions available to Council to help improve feasibility outcomes and assist with economic activation of the Town Centre in the short-medium term.

There are a range of influences impacting the balance of development feasibility in St Marys, which collectively present a risk to the delivery of the Master Plan and future viability of the Town Centre. These include:

· Master Plan influences – such as development potential (yield), planning controls, non-planning levers and incentives (e.g. amenity/public domain improvements) and local infrastructure contributions.

· External influences – such as the state of the economy (e.g. interest rates etc.), industry challenges and construction costs, market willingness to pay and State Government fees and charges.

The draft Master Plan seeks to improve feasibility wherever possible, and in all cases not hinder it. This will largely be achieved by increasing height and density (floor space ratios) in appropriate locations across the Town Centre. Economic advice indicates that while this approach may improve feasibility outcomes for some sites and development typologies, it will not balance the scales in all cases. Only a significant shift (upturn) in the market will facilitate feasible development throughout the town centre generally. Until then, non-planning interventions and levers such as place-making and public domain improvements will be key to stimulating development in the short-medium term. Early investment and ‘first movers’ will also be encouraged to instil industry confidence and signal to the market what is possible in St Marys. The draft Master Plan identifies certain State Government owned land including the Sydney Metro construction sites and significant Homes NSW landholdings around Ross Place as potential opportunities for early activation.

Planning Implementation

Implementation of the draft Master Plan will require a number of changes to the current planning controls applicable to St Marys Town Centre to deliver the nature and scale of feasible development that is required to drive growth.

The draft Master Plan includes recommendations for amendments to key development standards and controls to support its implementation. However, it does not enact the proposed changes.

Council officers have prepared an Explanation of Intended Effects (EIE) in support of the draft St Marys Town Centre Master Plan. The EIE has been prepared in accordance with the Department of Planning, Housing and Infrastructure’s (DPHI) Transport Orientated Development Guide to strategic planning, published in August 2024. It outlines the proposed amendments to Council’s Local Environmental Plan to enable implementation of the Master Plan and ‘switch off’ the Transport Orientated Development (TOD) provisions within Chapter 5 of State Environmental Planning Policy (Housing) 2021 (SEPP Housing). The EIE will be publicly exhibited for feedback alongside the draft Master Plan.

Given our commitment to finalise the Master Plan and fast track implementation of the recommended planning controls required to facilitate its delivery, Council will seek assistance from State Government to expedite the recommended amendments to our LEP. This may be via a SEPP that amends Penrith LEP 2010. As a second stage of planning control amendments, Council will also prepare a separate amendment to the Penrith Development Control Plan (DCP) 2014 and a draft Local Infrastructure Contributions Plan following the public exhibition of the draft Master Plan.

Infrastructure Delivery and Funding

Delivering the Master Plan outcomes will require a significant investment in infrastructure by both Council and the NSW Government. It is estimated that the infrastructure cost (both local and state) to support the forecast growth and deliver the Master Plan outcomes could be in excess of $700 million.

This broadly includes:

Local infrastructure items

State infrastructure items

· Transport upgrades

· Streetscape and public domain improvements

· New and improved open space

· Water management

· Community facilities – i.e. Community Hub & Library (building only)

· Public car parking – i.e. 3 x multi-deck structures

· Werrington Arterial Stage 2

· Great Western Highway intersection upgrade

· Regional active transport

· North-south rail overbridge

· Commuter car parking

· Sydney Metro extension

· School infrastructure

· Utilities – i.e. water/sewer etc.

Exceeding $340+ million

Exceeding $400+ million

Planning for this level of infrastructure will require a mix of funding and delivery approaches to ensure that there is a clear and cost-effective pathway to fund all the infrastructure needs.

It is proposed that Council will prepare a new Local Infrastructure Contributions Plan to fund the majority of the local infrastructure works. Council will expect some infrastructure items to be provided by developers, such as pedestrian through-site links and street tree planting. Council will also ask for NSW Government assistance to deliver some of the infrastructure required for the Master Plan through the dedication of land for new or expanded open space and some key links and connections. Other funding avenues that Council will continue to investigate include grants, the use of Council land for the delivery of infrastructure and NSW Government contribution levies.

At this early stage, the Infrastructure Delivery Plan and Funding Strategy (IDP&FS) prepared to support the draft Master Plan recommends preparing a Section 7.12 Contribution Plan (i.e. charge a percentage levy for all development costing above $200,000). The IDP&FS indicates that a higher fixed-rate levy would be needed to support the growth and transformation of St Marys at around 3%. While this approach will also require a review from the NSW Minister for Planning & Public Spaces, the assessment criteria is more favourable to the infrastructure needs of St Marys.

With regard to the State infrastructure requirements, Council will continue to advocate for these items. There is also an opportunity for the Government to ensure that state and regional infrastructure for St Marys is prioritised through the recently introduced Housing and Productivity Contribution which replaces the previous Special Infrastructure Contribution (SIC).

Land acquisition

Delivery of the infrastructure (open space, drainage, roads, car parking) required for the future vision of St Marys is contingent upon a series of mechanisms. This can include land acquisition, delivery in-kind through developments, Development Control Plan (DCP) and/or Local Environmental Plan (LEP) controls, re-purposing of land etc.

A foundational principle of the draft Master Plan is that the infrastructure required to deliver the place vision and make St Marys an attractive investment opportunity, is both achievable and affordable. In preparing an Infrastructure Delivery Plan and Funding Strategy to support implementation of the Master Plan, Council officers have analysed the land ownership pattern within the St Marys Town Centre to identify potential opportunities for more efficient infrastructure delivery. Where possible, the proposed infrastructure is largely to be delivered on Council-owned and controlled land, with the exception of the proposed expansion of the open space network and some key links and connections.

In total, 0.24 hectares of privately owned land is proposed to be acquired by Council in order to implement the Master Plan. This equates to:

· A total of 5 individual lots proposed to be wholly acquired (1 residential; 4 commercial)

· A total 2 individual lots proposed to be partially acquired (for road widening – remaining site area to be privately redeveloped).

The indicative cost to acquire the private lots has been taken into account through the Infrastructure Delivery Plan and Funding Strategy and will be collected via developer contributions. Land acquisition has been carefully planned and considered to minimise impact to landowners in the town centre.

Where it has not been possible to locate public infrastructure on Council-owned land, the Master Plan proposes to utilise State-owned land parcels. Council officers are working with Government in relation to future plans for State-owned land for the purpose of executing the Master Plan. This sort of practical and financial support from State Government will help us to deliver well-planned and sustainable growth in St Marys with optimal community benefit from government land and property.

Public Exhibition and Engagement Activities

Building on the previous engagement undertaken by Council as part of the St Marys Structure Plan and Place Plan processes, it is proposed to exhibit the draft St Marys Town Centre Structure Plan for community consultation for four weeks in November 2024. An outline of the proposed engagement program is provided below. This Community Engagement phase will be undertaken concurrently with the Central Park project.

Targeted communications

Letters will be mailed to all landowners and occupiers within the Town Centre area advising of the exhibition of the draft Master Plan and how to access further information. Previous submitters including businesses and State agencies will also receive letters. In addition, Council officers will phone particular landowners that have been engaged throughout the Structure Plan process.

Advertising and Notification

A mix of traditional and social media will be used to promote the exhibition of the draft St Marys Town Centre Structure Plan to ensure that we reach a broad demographic range both within the Town Centre area and more broadly throughout the Penrith LGA. This will include a media release and utilisation of Council’s social media channels including Facebook and Twitter. A promotional video will also be shown in Coachmans Park during the consultation period.

Additionally, printed postcards will be distributed to residents and visitors to the Town Centre to raise awareness about the engagement. Multilingual options will be considered to reach the diverse population of St Marys.

Council’s Your Say Webpage

A dedicated Your Say webpage will provide all materials and information related to the exhibition of the draft St Marys Town Centre Master Plan and Central Park project. This webpage will include a short survey on the draft Master Plan that community members can complete, as well as instructions for making a written submission.

Face-to-face activities

Face-to-face engagement activities (e.g. drop-in sessions) for the draft St Marys Town Centre Master Plan will be held within the Town Centre to engage with residents who may not access our website or social media. Council staff will be available at these sessions to seek feedback and answer questions. The project team will also have a presence at the Village Café in North St Marys to share information with residents and gather feedback.

Presentation to key stakeholders

Council officers will present to key stakeholders including industry groups and the St Marys Town Centre Corporation Board during the exhibition period to share information with businesses and gather feedback.

Targeted engagement

Correspondence and/or meetings with key stakeholders will be convened as relevant/required during the engagement period. Council officers will also be available to meet with any stakeholders or attend any forums to present on the draft Master Plan if requested.

Following the public exhibition period, feedback on the draft St Marys Town Centre Master Plan will be considered and relevant documents updated if necessary, before reporting back to Council for endorsement in early 2025.

Financial Implications

The costs associated with the public exhibition of the draft St Marys Town Centre Master Plan will be funded within existing budgets as part of the 2024-25 Operational Plan and Delivery Program.

It is estimated that the infrastructure cost (both local and state) to support St Marys’ forecast growth and deliver the Master Plan outcomes could be in excess of $700 million. Planning for this level of infrastructure will require a mix of funding and delivery approaches to ensure that there is a clear and cost-effective pathway to fund all the infrastructures needs.

The estimated cost of local infrastructure required to deliver the Master Plan outcomes currently exceeds $340 million. This could further increase if the State Government is unable to dedicate land for the purpose of providing community infrastructure. To the fullest extent possible this cost will be funded through Council’s local infrastructure contributions framework (i.e. Section 7.12 Plan). A few ‘big ticket’ infrastructure needs will require a bespoke approach and alternative funding sources to ensure their timely and cost-effective delivery.

One of the largest financial impacts for Council will be the proposed acquisition of privately owned land required to deliver key community infrastructure. As outlined above, this is also a matter that will be managed carefully and sensitively by Council. In addition, Council will need to be mindful of the cumulative impacts of proposed land acquisition to support growth across the LGA and the organisation’s capacity to fund this at the appropriate time.

Risk Implications

The preparation of the draft St Marys Town Centre Master Plan will reduce risk by clearly articulating the community’s vision and the planning pathway and urban planning framework to deliver the vision for the future growth and development of St Marys Town Centre.

If Council does not endorse the draft Master Plan for public exhibition at this Ordinary Meeting, there is a risk we will not meet our commitment to the NSW Government to finalise the Master Plan by April 2025 to support our exemption from the Transport Oriented Development (TOD) Program. If we do not meet this deadline, our deferred commencement of the TOD Program will lapse, and the TOD SEPP will immediately come into effect in St Marys. This could jeopardise our work on the Master Plan and impede our long-term vision for the Town Centre including the provision of adequate supporting infrastructure.

Conclusion

The Structure Plan has set the vision and strategic framework to shape St Marys Town Centre over next 20+ years in direct response to the arrival of the Western Sydney International Airport and Aerotropolis and major supporting infrastructure such as the Sydney Metro-Western Sydney Airport line. The draft Master Plan builds on the directions of the Structure Plan and will provide further detail to guide decisions by Council about major changes to land use, built form and public spaces in both the public and private realm. It includes an implementation plan that informs future amendments to the Penrith Local Environmental Plan, Development Control Plan and Local Infrastructure Contributions Plan.

It is critical that the draft Master Plan be publicly exhibited in November this year to allow sufficient time for review and reporting back to Council to meet our commitment to the NSW Government to finalise the Master Plan by April 2025. If we do not meet this deadline, our deferred commencement will lapse and the TOD SEPP will immediately come into effect in St Marys. This could jeopardise our work on the Master Plan and impede our long-term vision for the Town Centre including the provision of adequate supporting infrastructure.

The upcoming community engagement program, scheduled for November 2024, will be an essential step in progressing the St Marys 2041 planning pathway. This process will provide all stakeholders, from residents to local businesses, with opportunities to shape the final details of the Town Centre Master Plan, ensuring that it reflects local values and aspirations. Through a combination of digital outreach, face-to-face interactions, Council will gather diverse input to ensure the future St Marys Town Centre develops as a vibrant, welcoming, sustainable and authentic place for everyone.

Councillors will be updated on the community engagement outcomes together with any recommended changes to the Master Plan in February 2025, prior to the final Master Plan being tabled for final approval in February 2025.

Following the exhibition period, feedback on the draft Master Plan will be considered and relevant documents updated if necessary, before reporting back to Council for final approval of the St Marys Town Centre Master Plan and proposed first stage of planning controls in February 2025. At this point, the package of intended planning controls will be forwarded to the Department of Planning, Housing and Infrastructure to expedite changes to our planning instruments. At the same time, Council will be asked to endorse a second stage of more detailed controls including a draft Development Control Plan (DCP) and Local Infrastructure Contributions Plan for further public engagement at this time.

RECOMMENDATION

That:

1. The information contained in the report on Draft St Marys Town Centre Master Plan for Public Exhibition be received.

2. Council endorse the draft St Marys Town Centre Master Plan to be publicly exhibited in November 2024 for a period of at least 4 weeks.

3. The General Manager be delegated authority to make minor changes to the draft St Marys Town Centre Master Plan document to correct any typographical errors and the like before exhibition commences.

ATTACHMENTS/APPENDICES

1. ⇩	Draft St Marys Town Centre Master Plan (Executive Summary)	14 Pages	Attachments Included
2. ⇩	Explanation of Intended Effect (Proposed Planning Controls)	33 Pages	Attachments Included

Ordinary Meeting 28 October 2024

Councillor Forums and Representations on Working Parties

Compiled by: Avanthi Fernando, Governance Officer

Authorised by: Adam Beggs, Head of Governance

Outcome	We have open and collaborative leadership
Strategy	Corporate Enablers
Principal Activity	Manage Council’s meeting calendar, meeting process and business papers to ensure open and fair decision making

Executive Summary

The purpose of this report is to provide information, discuss the strategic alignment and operation of council’s working parties, Councillor representation requirements, and to provide information and operational status of new working parties.

The current working parties formed include:

a) Domestic Waste Service Working Party

b) Floodplain Management Working Party

c) Library Services Working Party

d) Major Projects Working Party

e) Multicultural Working Party

f) Recreation Working Party

g) Recruitment and Performance Review Panel.

Background

Working parties have been set up to assist Council’s operations and to provide a strategic focus on community issues. Working parties are convened by Council and consist of Councillors, Council Staff and in some instances external members and/or stakeholders. Working parties deal with specific issues currently being addressed by Council, they can be ongoing or convened for a limited term. Working parties are not decision-making forums and are not open to the public.

This report outlines Council’s existing working parties: summary of the terms of reference, objectives, membership of each working party that existed during the previous Council term, and the number of Councillors recommended to be appointed at tonight’s meeting.

Domestic Waste Service Working Party

The Domestic Waste Working Party was set up to consider the objectives and direction for Penrith City in the review of Council’s Waste Strategy. The strategy is reviewed in accordance with State Government Strategy and guides Council’s Waste and Resource Recovery contracts. The working party was activated to provide guidance for the tender preparation for the waste contracts.

The process is now complete. The Council resolved to accept a tender which will provide waste management and resource recovery services for Penrith City from 2019 to 2029.

The title “Domestic Waste Working Party” was the name adopted in 2004 when the Council developed its first Domestic Waste Strategy. However, the new approach to waste is “Whole of Council Waste”; therefore, it is suggested that Council resolve to retitle the working party to “Waste Strategy Working Party”.

The following Councillors represented the Domestic Waste Working Party prior to the 2024 Local Government election:

- Tricia Hitchen (former Councillor)

- Councillor Glenn Gardiner

- Councillor Ross Fowler OAM

- Mark Davies (former Councillor)

- Councillor John Thain

The working party is currently inactive, however it is proposed to retain the working party and nominate up to five Councillors in the event that a significant matter relating to waste arises. The working party will only meet as required or if requested. All Councillors are invited to attend these meetings.

Floodplain Management Working Party

The purpose of the Floodplain Management Working Party is to:

· assist Council in formulating floodplain management objectives, strategies and outcomes and to provide guidance, advice and oversight to Council through the development of a contemporary floodplain management framework,

· to oversee and endorse reports to the Council on the development and implementation of floodplain risk management studies and floodplain risk management plans; and

· to review, consider and provide advice to Council on floodplain risk management matters.

The following Councillors represented the Floodplain Management Working Party prior to the 2024 Local Government election:

- Jim Aitken OAM (former Councillor, resigned in June 2023)

- Councillor Glenn Gardiner

- Kevin Crameri OAM (former Councillor)

- Marlene Shipley (former Councillor)

It is suggested four Councillors be nominated to the Floodplain Management Working Party for the term in which the Councillors hold public office. All Councillors are invited to attend these meetings.

Library Services Working Party

The purpose of the Library Services Working Party is to:

· consider the research undertaken by the previous Library Working Party,

· identify the options available for the provision of the library services into the future,

· consider the advantages and disadvantages of each of the options including the implications for future budgets, and

· provide advice to Council on Library Services in the city

The Library Services Working Party is scheduled to reconvene after the election to review and update the Terms of Reference (TOR) and term of office held by working party representatives.

The following Councillors represented the Library Services Working Party prior to the 2024 Local Government election:

- Mark Rusev (former Councillor)

- Councillor Robin Cook

It is suggested two Councillors be nominated to the Library Services Working Party for the term in which the Councillors hold public office. All Councillors are invited to attend these meetings.

Major Projects Working Party

The Major Projects Working Party was created on 10 January 2022, given the significant number of projects currently being undertaken in the City and expected to continue.

The objective of the Major Projects Working Party is to provide oversight of Council’s progress in implementing the identified major projects pipeline. In order to achieve this, the working party will inform and discuss with Councillors the progress of major projects including providing regular reporting, review and analysis of the major projects pipeline.

The following Councillors represented the Major Projects Working Party prior to the 2024 Local Government election:

- Councillor Ross Fowler OAM

- Tricia Hitchen (former Councillor)

- Mark Davies (former Councillor)

- Councillor John Thain

- Karen McKeown OAM (MP/former Councillor) and

- Bernard Bratusa (former Councillor)

It is suggested five Councillors be nominated for the term in which the Councillors hold public office. All Councillors are invited to attend these meetings.

Multicultural Working Party

The aim of the Multicultural Working Party is to provide advice to the Council on issues relating to Multiculturalism and the wellbeing of residents from Culturally and Linguistically Diverse (CALD) backgrounds in Penrith City.

The objectives of the Multicultural Working Party are to:

· provide advice on relevant Council policies and procedures,

· promote Penrith as a City that respects Multiculturalism as a means to contribute to social inclusion,

· to provide a forum where community members from a multicultural background and representatives from social services can raise issues of concern,

· to assist Council in identifying strategies to improve access and social inclusion for people from multicultural backgrounds, and

· to support Council in providing leadership and advocacy for the broader community to achieve social inclusion for people from multicultural backgrounds.

Eight community members are appointed by the Council to serve the working party for a term of four years and may be reappointed. Current members were selected via a public nomination process in early 2022 and the current term will end in early 2026.

The Multicultural Working Party is operated by the following guidelines:

· The working party will be chaired by an elected member of Council. In the event that a Councillor is not present, the Head of City Activation, Community and Place or their nominee shall chair the meeting.

· The working party will be serviced and administered by the relevant Council staff.

· The working party will meet up to four times year.

· Out of pocket expenses, for example travel, incurred by volunteer committee members may be reimbursed by Council.

The following Councillors represented the Multicultural Working Party prior to the 2024 Local Government election:

- Councillor Robin Cook

- Karen McKeown OAM (MP/former Councillor)

- Mark Rusev (former Councillor)

- Jonathan Pullen (former Councillor)

Council staff are undertaking a review of the committee to assess opportunities for Council to best utilise resources and longstanding partnerships to deliver community outcomes. Recommendations and options for consideration from this review will be reported back to Council in 2025.

It is suggested three Councillors be nominated to the Multicultural Working Party for the term in which the Councillors hold public office. All Councillors are invited to attend these meetings.

Recreation Working Party

The purpose of the Recreation Working Party is to seek input from and brief the Council on the management, development and provision of recreation facilities, activities and events.

In order to achieve this, the working party will:

· consider and advise on issues relating to facility provision, including:

- the development of the Sport, Recreation, Play and Open Space Strategy,

- the development of masterplans for key strategic recreation venues in the City,

- future aquatic facility provision in the City, and

- developer contribution plans relating to local and district open space.

· consider and advise on issues relating to the operation of recreation facilities, including:

- future allocations of new sportsgrounds to user groups

- policy direction;

- fees and charges review

- licence and hire arrangements

- future management of St Clair Leisure Centre

· consider and advise on issues relating to recreation programs, services and events, including:

- the Events Capacity and Capability Review

The following Councillors represented the Recreation Working Party prior to the 2024 Local Government election:

- Marlene Shipley (former Councillor)

- Mark Rusev (former Councillor)

- Councillor John Thain

- Jonathan Pullen (former Councillor)

- Councillor Ross Fowler OAM

It is suggested five Councillors be nominated to the Recreation Working Party for the term in which the Councillors hold public office. The working party will only meet as required. All Councillors are invited to attend these meetings.

Recruitment & Performance Review Panel

Guidelines issued under 23A of the Local Government Act (the Act) recommended that Council consider the establishment of the above panel.

The aim of the Recruitment & Performance Review Panel is to:

- conduct performance reviews

- report the findings and recommendations of those reviews to council

- develop performance agreement

- Manage relevant recruitment processes

The 23A Guidelines recommend the Panel comprise the Mayor, Deputy Mayor, a Councillor appointed by Council and a Councillor appointed by the General Manager (total of four Councillors).

All Councillors can make representations to the members of the panel at any time and will be kept up to date on the panel activities, including having any actions reported to a closed session of Council.

The following Councillors represented the Recruitment and Performance Review Panel prior to 2024 Local Government election:

- Mayor

- Deputy Mayor

- Former Councillor Tricia Hitchen

- Councillor Ross Fowler OAM

- Former Councillor Marlene Shipley (appointed by the General Manager).

The General Manager has opted not to nominate a Councillor and it is therefore suggested Council nominate the Mayor and Deputy Mayor for the terms in which the Mayor and Deputy Mayor hold their positions, and two Councillors to the Recruitment and Performance Review Panel for the term in which the Councillors hold public office.

Financial Implications

Working parties are internal Council meetings and the costs associated with running these working parties are accommodated within the 2024-25 Operational Plan.

Risk Implications

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

Conclusion

If Councillors agree with the formation of the seven working parties as proposed in this report, that is the Domestic Waste Service Working Party (new title suggested i.e., Waste Strategy Working Party), Floodplain Management Working Party, Library Services Working Party, Major Projects Working Party, Multicultural Working Party, Recreation Working Party, and Recruitment and Performance Review Panel, it is proposed Councillors nominate representatives to these working parties at this meeting.

RECOMMENDATION

That:

1. The information contained in the report on Councillor Forums and Representations on Working Parties be received.

2. Council form and nominate representatives to the seven working parties being:

a. Domestic Waste Service Working Party (Up to 5 Councillors)

b. Floodplain Management Working Party (4 Councillors)

c. Library Services Working Party (2 Councillors)

d. Major Projects Working Party (5 Councillors)

e. Multicultural Working Party (3 Councillors)

f. Recreation Working Party (5 Councillors)

g. Recruitment and Performance Review Panel (Mayor, Deputy Mayor and 2 additional Councillors)

for the term in which Councillors hold public Office.

3. Council retitle the Domestic Waste Service Working Party to ‘Waste Strategy Working Party”.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 28 October 2024

Councillor Representation on Controlled Entities, Internal and External Committees and External Organisations

Compiled by: Avanthi Fernando, Governance Officer

Authorised by: Adam Beggs, Head of Governance

Outcome	We have open and collaborative leadership
Strategy	Corporate Enablers
Principal Activity	Manage Council’s meeting calendar, meeting process and business papers to ensure open and fair decision making

Executive Summary

The purpose of this report is to provide information to Councillors and/or to appoint Councillor representatives to below listed committees:

I STANDING MEETINGS

1. Ordinary Council Meeting

2. Policy Review Committee

3. Councillor Briefing

II INTERNAL COMMITTEES OF COUNCIL

4. Access Committee

5. Audit, Risk and Improvement Committee

6. Heritage Advisory Committee

7. Penrith International Friendship Committee

8. Penrith Community Safety Partnership

9. Floodplain Risk Management Committee

10. Resilience Committee

III CONTROLLED ENTITIES AND CO-OPERATIVES

11. Penrith Performing and Visual Arts Limited (PP&VA)

12. Penrith City Children’s Services Co-operative Ltd

IV EXTERNAL COMMITTEES

13. Cumberland Bush Fire Management Committee

14. Cumberland Rural Fire Service Zone Liaison Committee

15. Local Traffic Committee

16. Penrith Valley Sports Foundation

17. Western Sydney City Deal – Leadership Group

18. The Parks – Mayoral Forum

19. Fernhill Estate Community Trustee Board – New

20. Strategic Advisory Committee, National Growth Areas Alliance – New

V EXTERNAL ORGANISATIONS

21. Floodplain Management Australia

22. Sydney Western City Planning Panel

23. Penrith Valley Regional Sports Centre Ltd

24. Penrith CBD Corporation Ltd

25. St Marys Town Centre Corporation Ltd

26. Western Sydney Academy of Sport Advising Forum

The report recommends that the information be received and, where required, Councillor representatives be appointed to the various controlled entities, internal and external committees and external organisations.

Background

Council participates in various discussions, decision-making forums and committees, both internal and external. Participation in these forums and committees gives Councillors more opportunity to have their say on issues important to their communities. This report provides information on Council’s Standing Meetings, Controlled Entities, Internal and External Committees, and External Organisations that require Councillor representation or Council endorsement to appoint committee members.

Most of the committees that Council has formed or is associated with require Councillor representation. There are other committees and organisations that Council has established or is a member of that do not require Councillor representation. In the latter case, Councillors are being informed of the progress and activities of those committees and organisations by way of reports presented at Policy Review Committee meetings and Ordinary Council meetings.

The below list outlines each of the standing meetings, committees, entities, and organisations that require Councillor representation and provides recommendations for committees to be reviewed, retitled, and required number of Councillors to be appointed.

I STANDING MEETINGS

1. Ordinary Council Meeting

All Councillors are automatically appointed to the Ordinary Meeting of the Council of the City of Penrith. The Ordinary Council Meeting is the main decision-making forum of the Council. Section 365 of the Local Government Act 1993 (NSW) prescribes that the Council is required to meet at least 10 times each year, each time in a different month.

The following items are generally considered at Ordinary Council Meetings:

A. Adoption of Delivery Program Reports

B. Consideration of Information Reports

C. Reports relating to civic recognition and ceremony.

It should be noted that Councillors who miss 3 consecutive Ordinary Council Meetings without prior leave granted by the Council will have their Civic Office declared vacant.

2. Policy Review Committee Meeting

All Councillors are members of the Policy Review Committee, which considers matters relating to policy development. The forum allows Councillors to discuss matters relating to policy and the review of the progress of various working parties, controlled entities, taskforces, and other policy initiatives. The Policy Review Committee makes decisions pertaining to matters of a policy nature and is also a forum to review progress. These decisions are recommended to the Ordinary Council Meeting for adoption and can be subject to amendments. The decisions of the Committee are not legally binding until it is formally adopted by the Council at its Ordinary Meeting.

3. Councillor Briefings

Councillor attendance at Councillor Briefings is not compulsory however is highly recommended. Councillor Briefings are non-decision-making forums established to provide a mechanism for informing and advising Councillors of matters relevant to Council activities that would not otherwise be achieved effectively using the written word, plans or diagrams alone. Councillor Briefings may involve presentations by Council Officers, City stakeholders, other organisations and individuals at the invitation of the Council or Council Officers through the General Manager. These briefings are not open to public. It is important to note that papers and presentations discussed at these forums are considered confidential.

II INTERNAL COMMITTEES

4. Access Committee

The objectives and strategies of the Access Committee are to:

a) advise on Council policies and procedures to ensure that legislative requirements on access are considered in Council decisions and its operations,

b) promote the Inclusive Design approach as a means to contribute to social inclusion,

c) provide a link between Council and people in the community with disabilities,

d) assist Council on strategic planning matters which can contribute to improved access and social inclusion for people with a disability, and

e) support Council in providing leadership for the broader community to achieve social inclusion of people with disability.

The Access Committee is an advisory committee that meets up to six times a year.

The Access Committee community representation is endorsed by Council in four-year terms to include eight community members who are recommended based on set criteria via an expression of interest process. Current members were selected in early 2022 and their current term will end in early 2026.

The Committee’s constitution has provision for three Councillor members.

Council’s representatives on the Access Committee prior to the 2024 Local Government election were Councillor Robin Cook, Councillor Todd Carney, and former Councillor Tricia Hitchen.

It is proposed that Council nominate three Councillors to the Access Committee for the term in which the Councillors hold public office.

5. Audit, Risk and Improvement Committee (ARIC)

The Audit, Risk and Improvement Committee (ARIC) is an advisory committee and currently comprises the Chairperson, at least two independent members and one Councillor who cannot be the Mayor of the Council. As prescribed under the Local Government (General) Amendment (Audit, Risk and Improvement Committees) Regulation 2023, appointments of members to the ARIC must be made by resolution of the Council.

The ARIC meets at least four times a year at 8.30am. Additional meetings may be held as directed by the Chairperson. An additional meeting is generally held to review the Council’s Financial Statements.

The Internal Audit Guidelines issued by the Office of Local Government state that independent members should form the majority.

Council’s representatives on the ARIC prior to the 2024 Local Government election were the Mayor of the Day (prior to changes introduced under the Local Government (General) Amendment (Audit, Risk and Improvement Committees) Regulation 2023) and Councillor Ross Fowler OAM.

The Internal Audit Guidelines, issued by the Office of Local Government, and which are required to be followed, provide that only one Councillor representative can be appointed to the Committee, but only as a non-voting member. The role of the Councillor representative is to:

· relay to the committee any concerns the governing body may have regarding the council and issues being considered by the committee,

· provide insights into local issues and the strategic priorities of the council that would add value to the committee’s consideration of agenda items,

· advise the governing body (as necessary) of the work of the committee and any issues arising from it, and

· assist the governing body to review the performance of the committee each council term.

The eligibility criteria for the Councillor non-voting member is:

· An ability to read and understand financial statements and a capacity to understand the ethical requirements of government (including potential conflicts of interest),

· A good understanding of one or more of the following: risk management, performance management, human resources management, internal and external auditing, financial reporting, accounting, management control frameworks, internal financial controls, governance (including planning, reporting and oversight), or business operations,

· A capacity to form independent judgements and willingness to constructively challenge/question management practices and information,

· A professional, ethical approach to the exercise of their duties and the capacity to devote the necessary time and effort to the responsibilities of a Councillor member of an audit, risk and improvement committee, and

· Preparedness to undertake any training on the operation of audit, risk and improvement committees recommended by the chairperson based on their assessment of the skills, knowledge and experience of the Councillor member.

It is proposed that Council nominate one Councillor non-voting delegate to the Audit, Risk and Improvement Committee for the term in which the Councillor holds public office.

6. Heritage Advisory Committee

The Heritage Advisory Committee was established in 1999 to conserve and promote the heritage of the City of Penrith and to provide advice to Council on heritage matters. This committee is not a decision-making committee.

The objectives of the Committee are to:

a) assist Council by providing or sourcing background historic information of heritage or

potential heritage sites,

b) advise on submissions for heritage assistance grant applications,

c) provide advice on heritage programming, exhibitions, education and tourism events,

d) advise on nominations of Heritage Listed items from the Local Environmental Plan

(LEP) and to identify items of State significance, which should be included in the NSW heritage Office State Heritage Register or of National Significance,

e) educate the community on the importance of heritage conservation,

f) provide advice on the management and balanced treatment of heritage places forming the cultural heritage of the area by identifying places of cultural significance within Penrith Local Government Area and to encourage their ongoing conservation,

g) work with and liaise with the community in the promotion, education, advocacy,

encouragement, understanding and use of the cultural heritage of the city, and

h) be briefed on major development proposals relating to items of heritage significance,

with a focus on major developments.

The Heritage Committee currently consists of two Councillors and eight community members. The Committee has six meetings a year, typically held on a Wednesday commencing at 5.00pm. All Councillors are welcome to attend the committee meetings.

Council’s representatives on the Heritage Committee prior to the 2024 Local Government election were former Councillor Mark Rusev and Councillor Ross Fowler OAM.

It is proposed that Council nominate two Councillors to the Heritage Advisory Committee for the term in which the Councillors hold public office.

7. Penrith international Friendship Committee

The Penrith International Friendship Committee (PIFC), is an advisory committee that was initially known as Penrith City Sister Cities Association (PCSCA) was formed in 1984. Membership of the International Friendship Committee shall be open to any person with an interest in the conduct of the City of Penrith’s International Friendly Relationships.

The objectives of the Friendship Committee include:

a) develop strategies to effectively reach the aims of the International Friends,

b) support established international links undertaken by the Council, and

c) raise funds to support strategies developed.

The Friendship Committee has not met since 2020 and Council staff are currently undertaking a review of Council’s international relations and the management of sister and friendship city agreements. The aim of this review is to assess the current partnership and to seek opportunities for innovation and better enhance the program for the people of Penrith.

Council staff will prepare a report to Council in early 2025 of the review’s findings and recommendations including a program of activities. In the interim it is suggested that Council do not appoint a Chairperson to the Penrith International Friendship Committee.

8. Penrith Community Safety Partnership (PCSP)

The Penrith Community Safety Partnership Committee (PCSP) is a non decision-making forum that meets up to four times a year.

The PCSP is comprised of representatives from Council, Penrith and St Marys Police, Penrith City Centre Association and St Marys Town Centre Management, the Penrith Valley Chamber of Commerce, as well as the transport, health and education sectors and a range of community organisations.

The purpose of the PCSP is to:

1 identify community safety issues, and develop and prioritise strategies to combat these issues,

2 integrate the concept of community safety throughout the member organisations and the City, and

3 monitor the implementation of, and review on a regular basis, the Penrith Community Safety Plan.

All Councillors are welcome to attend the meetings. At present, Councillors attend based on availability and interest or where issues of particular concern are to be considered.

As is current practice, all Councillors will be invited to attend the Penrith Community Safety Partnership.

9. Floodplain Risk Management Committee

The Floodplain Risk Management Committee (FRMC) was established to assist Council in the development and implementation of floodplain management plans and to provide a link between local communities and Council on floodplain management matters. The establishment of the committee is a key recommendation of the State Government and is compliant with the NSW Floodplain Development Manual.

The FRMC is an advisory committee, the principal objective of which is to assist Council in the development and implementation of management plans under Council’s jurisdiction. The FRMC also assists in formulating objectives, strategies and outcomes, and assists in providing a link between the local community and Council.

The committee meets quarterly, on a Monday afternoon at 4.00pm. Membership consists of up to three Councillors (one Chair and up to two additional Councillors) with all Councillors invited to attend. The committee also includes staff, state agency representatives, local community representatives and representatives from adjoining Councils.

Council’s representatives to the Committee prior to the 2024 Local Government election were Councillor Glenn Gardiner and former Councillors Marlene Shipley and Kevin Crameri OAM.

It is proposed that Council nominate at least two, and no more than three Councillors to the Floodplain Risk Management Committee for the term in which the Councillors hold public office.

10. Resilience Committee

The Resilience Committee was established by Council in 2016 to consider issues our city faces owing to its unique location and environment. The aim of the committee is to provide advice to Council on opportunities to improve the resilience of Penrith City and how to integrate resilience within the activities and decision making of Council.

Councillor representatives to the Committee prior to the 2024 Local Government election were Councillor Robin Cook and Councillor Sue Day, and former Councillors Karen McKeown OAM and Mark Rusev.

At the meeting of the Resilience Committee held in August 2024, the members present discussed some of the challenges regarding meeting times, regularity and potential opportunities for members to become directly involved in stakeholder engagement. To further explore possible future structure and format, alternative options to achieve community engagement in sustainability and resilience-based outcomes, and opportunities for professional input from stakeholder organisations, it was decided that the Resilience Committee undergo a review and a report be brought back to Council with recommendations next year.

It is recommended that Council do not appoint representatives to the Resilience Committee while the review is undertaken.

III CONTROLLED ENTITIES AND CO-OPERATIVES

Council, for a number of years, has operated specific activities through controlled entities. A controlled entity is an organisation where Council has a controlling interest. Council currently has the following two controlled entities:

· Penrith Performing and Visual Arts Limited (PP&VA)

· Penrith City Children’s Services Co-operative.

Council is represented on external organisations as constituted under the Local Government Act and the Corporations Act. Qualification as a voting delegate or Director of these organisations is dependent upon an appointment being made by Council and the appointee being a Councillor.

11. The Penrith Performing and Visual Arts Limited (PP&VA)

Penrith performing and visual arts limited (PP&VA) was formed in 2006 and provides facilities to deliver cultural programs and recreation to the residents of Penrith LGA and Western Sydney as well as promoting access to its programs and facilities to the community and artists.

The main purpose of the formation of PP&VA was to merge three separate performing and visual arts entities under one umbrella. Prior to PP&VA there were three separate entities (two of which were Council controlled entities) responsible for performing and/or visual arts. The two Council controlled entities were Lewers Gallery and the Joan Sutherland Performing Arts Centre Limited. The third entity responsible for performing arts was the ‘Q’ Theatre Company. Penrith Conservatorium of Music was also included in the combined entity.

The Constitution of PP&VA allows for up to ten directors to be appointed to the Board. The Constitution also allows not more than three Councillors of Penrith City Council to be appointed as directors, one General Manager (of Penrith City Council) or their nominee, and up to six other directors.

Councillors who are nominated to the Board should be aware that they will have obligations as Directors associated with the Corporations Act 2001 and have a responsibility to familiarise themselves with the requirements of ASIC prior to being nominated.

The PP&VA Board meets quarterly, with an annual governance calendar confirmed at the end of each year, for the year ahead. Meetings are held on Tuesdays at 6pm at the Joan Sutherland Performing Arts Centre, or on Microsoft Teams if required. Participation in an annual strategy day is also expected.

Councillors on the Board prior to the 2024 Local Government election were MP/former Councillor Karen McKeown OAM (resigned in June 2024), Councillor Ross Fowler OAM, and former Councillor Tricia Hitchen. Andrew Jackson, Director Planning and Regulatory Services currently serves as a director on the Board, as the General Manager’s representative.

It is recommended that Council appoint three Councillors to represent Council as directors on the Board of PP&VA for the term in which the Councillors hold public office. Andrew Jackson, Director Planning and Regulatory Services will continue as a director of the board as the General Manager’s nominee.

12. The Penrith City Children’s Services Co-operative

The main function of the Penrith City Children’s Services Co-operative Ltd is to manage the direct operation of Children’s Services.

The Board comprises 11 directors:

- three parent directors,

- one employee director, and

- seven Council-appointed directors, consisting of:

- three Councillors,

- three community representatives (businesspeople or professionals or other people of community standing who reside or conduct business in any local government area in which a Co-operative Children’s Centre operates), and

- one director appointed by the General Manager (of Council).

The Board typically meets on the fourth Thursday of every second month at 6.30pm at Penrith City Council. Councillors on the Board prior to the 2024 Local Government election were Councillors Ross Fowler OAM, Sue Day, and Todd Carney. Sandy Davies, Director Community Connection currently serves as a director on the Board, as the General Manager’s representative.

Councillors who are nominated to the Co-operative should be aware that they must comply with the Co-operative rules which are governed in NSW by a number of laws and regulations and administered by NSW Fair Trading.

It is proposed that Council nominate three Councillors to the Penrith City Children’s Services Co-operative Ltd for the term in which the Councillors hold public office. Sandy Davies, Director Community Connection will continue as a director on the Board, as the General Manager’s representative.

IV EXTERNAL COMMITTEES

13. Cumberland Bush Fire Management Committee (previously known as Bushfire Management Committee)

The Cumberland Bush Fire Management Committee (BFMC) identifies bushfire risk in the Cumberland District, reports to the Rural Fire Service (RFS) Bushfire Coordinating Committee and develops the Cumberland District Bushfire Risk Management Plan. The Committee identifies the initiatives required to deal with the risk of bushfires in the District. These initiatives may range from an RFS/BFMC community engagement event to hazard reduction activities.

The Committee meets three times per year during the day, just prior to and immediately after the fire season.

As per section 15 of the Rural Fires Regulation 2022, unless the Bush Fire Co-ordinating Committee decides otherwise, the following persons are invited to become members of the Committee:

Two persons nominated by each local authority whose area comprises land in the Bush Fire Management Committee’s area (the area), being—

a) one senior representative of the local authority, for example, the Mayor or a Councillor of a local authority that is a council, and

b) one person with responsibilities for the performance of the local authority’s functions in relation to the environment or bush fire management.

Council’s Security and Emergency Management Coordinator/ Local Emergency Management Officer (LEMO) has been attending the committee meetings on behalf of the Council.

It is proposed that Council appoints the Mayor of the day or a Councillor to represent Council on the Cumberland District BFMC for the term in which the Councillor holds public office. In addition, Councillors should note that the General Manager intends to appoint the LEMO to satisfy part b) above, in line with the current practice.

14. Cumberland Rural Fire Service District Liaison Committee

The Cumberland Rural Fire Service (RFS) District Liaison Committee is a committee set up following the amalgamation of the Penrith, Blacktown and Fairfield Rural Fire Districts into one zone to liaise with councils regarding the operation and strategy of the fire service in the zone.

The current Zone Agreement allows for one Councillor from each Council (Blacktown, Fairfield, Penrith) to be elected to the committee and the General Manager of the Council or their delegate. The committee meets upon the request by the RFS District Manager. Prior to the 2024 Local Government election, Councillor Glenn Gardiner was Council’s appointed representative and former Councillor Kevin Crameri OAM was an alternative representative.

Council’s Security and Emergency Management Coordinator/ Local Emergency Management Officer (LEMO) has been attending the committee meetings on behalf of the Council.

It is proposed that Council appoints one Councillor to represent Council on the Cumberland RFS District Liaison Committee for the term in which two Councillors hold public office. In addition Councillors should note that the General Manager intends to appoint the LEMO as his delegate, in line with the committee rules.

15. Local Traffic Committee

The Roads and Maritime Services (RMS) delegation to councils limits the types of prescribed traffic control devices and traffic control facilities that Council can authorise and imposes certain conditions on councils. One of these conditions requires councils to obtain the advice of the RMS and the Police prior to proceeding with any proposal. This is most commonly achieved by councils establishing a Local Traffic Committee. The committee is composed of four formal members, each with one vote. These four members comprise representatives from Council, the Police, the RMS and the Local State Member of Parliament or their nominee.

The Local Traffic Committee is an advisory body only, with no decision-making powers. It is primarily a technical review committee that is required to advise the Council on traffic-related matters referred to it by the Council. It is the long-held practice of the Local Traffic Committee to reach consensus on solutions to traffic safety issues where there might be differences of opinion or alternative technical solutions.

The Committee usually meets at 9.00am on the first Monday of each month (except January). The next meeting will be held on 4 November 2024.

Council’s representatives to the Committee prior to the 2024 Local Government election were MP and former Councillor Karen McKeown OAM, with the Head of Engineering Services as an alternative delegate.

As is current practice, all Councillors are invited to attend the Local Traffic Committee.

It is proposed that Council nominate one Councillor as the voting delegate for the term in which the Councillor holds public office. It is also recommended that, Council delegate to the General Manager to appoint an alternative member and that be a staff representative, in line with the current practice. The General Manager has indicated should Council resolve this way that the Head of Engineering Services will be appointed as the alternative delegate.

16. Penrith Valley Sports Foundation

The purpose of the Penrith Valley Sports Foundation is to support the development of athletes in the Local Government Area.

The Foundation usually meets on the second Thursday of every month at 5.30pm.

Council’s representative on the Foundation prior to the 2024 Local Government election was former Councillor Bernard Bratusa, with Councillor Todd Carney as the alternative representative.

It is proposed that Council nominate one Councillor to the Penrith Valley Sports Foundation for the term in which Councillors hold public office.

17. Western Sydney City Deal - Leadership Group

The Western Sydney City Deal, signed on 4 March 2018, intends to bring together the Australian and New South Wales governments and eight local councils in the Western Parkland City to deliver transformative change to the region over the next 20 years.

As one of the three governing bodies of the City Deal, the purpose of the Leadership Group is to represent Council in relation to the City Deal. This Forum is attended by three levels of government where matters are tabled for information sharing and feedback.

The Group meets (on average) twice a year, with the Mayor representing the Council.

It is proposed that Council nominate the Mayor of the day to the Western Sydney City Deal - Leadership Group for the term in which the Mayor holds public office.

18. The Parks - Mayoral Forum

The Mayoral Forum is the governing body of the The Parks. The Forum consists of mayors of the eight Councils being Blue Mountains, Camden, Fairfield, Wollondilly Shire, Campbelltown, Penrith, Liverpool, and Hawkesbury, who have partnered with the Australian and New South Wales Governments through the Western Sydney City Deal.

The role of the Mayoral Forum is to endorse the Delivery Program for the Western Parkland Councils which outlines the key actions the Councils will work on together and monitor progress towards the realisation of their shared vision for the region.

The Forum meets bimonthly on a Thursday with the Councils’ mayors, general managers along with invited guests attending.

It is proposed that Council nominate the Mayor of the day to The Parks - Mayoral Forum for the term in which the Mayor holds public office.

19. Fernhill Estate Community Trustee Board

Greater Sydney Parkland have established Community Trustee Boards to engage with local communities on the future of iconic parks in Greater Sydney. The boards play a key advisory role and operate for Callan Park, Centennial Parklands (incorporating Moore Park and Queens Park), Fernhill Estate, Parramatta Park (incorporating Wistaria Gardens) and Western Sydney Parklands.

Community Trustee Boards represent a broad range of community interests and local perspectives on park stewardship, activities and usage, and advise on environmental, heritage and cultural issues.

The 423-hectare Fernhill Estate sits on the edge of the Cumberland Plain within the Penrith local government area and was part of a First Nations estate across the Cumberland Plain prior to the 1800s. Fernhill House within the estate is one of the most significant Greek revival houses built in the early colonial era. Fernhill Estate offers walking trails, site visits, and opportunity to learn about exceptional landscape of natural and cultural heritage significance.

The Board comprises community members with heritage, First Nations and local government expertise, and local government representative to provide advice and recommendations from a community perspective to help make the best decisions about Fernhill Estate.

Prior to the 2024 Local Government election, Council’s representative was Mayor, Councillor Todd Carney.

It is proposed that Council nominate the Mayor of the day to the Fernhill Estate Community Trustee Board for the term in which the Mayor holds public office.

20. Strategic Advisory Committee, National Growth Areas Alliance

National Growth Areas Alliance (NGAA) is the peak body for local governments in Australia’s outer metropolitan growth areas and advocates to State and Federal Governments on growth area challenges and opportunities. The NGAA is governed by the Strategic Advisory Committee of Mayors and Councillors from across Australia.

The Strategic Advisory Committee is called upon to approve the Strategic Plan, provide strategic advice to the Committee of Management on policy and advocacy and to be a communication conduit amongst elected or appointed representatives.

Membership of the Committee includes:

· eight elected or appointed representatives from different member councils, ensuring representation from each state and immediate past Chair of the National Growth Areas Alliance

· immediate past NGAA Chair

· Chair and Deputy Chair elected from within the Committee

· Committee members are appointed for a period of two years and meet up to five times a year via video conference.

Any elected or appointed representative from any member council may self-nominate or be nominated to fill a position on the Strategic Advisory Committee. Currently Councillor Todd Carney is a member of this committee.

Member Councils are notified of Committee vacancies as they arise.

V EXTERNAL ORGANISATIONS

21. Floodplain Management Australia

The main objectives of the Floodplain Management Australia are to:

· support the primary objective of the State Government’s Flood Prone Land Policy, namely, to reduce the impact of flooding and flood liability on individual owners and occupiers and to reduce private and public losses from flooding.

· press for optimum financial assistance by State and Federal Governments to Flood Mitigation Authorities to implement the government’s Flood Prone Land Policy.

· provide a forum for exchange of information and ideas related to flood mitigation.

· foster good relationships and effective liaison between the Authorities and Government Departments.

Membership of Floodplain Management Australia (FMA) entitles Council to three representatives to attend the meetings, with two voting delegates and one non-voting delegate. Council’s delegates prior to the 2024 Local Government election were former Councillor Jim Aitken OAM (resigned in July 2023), former Councillor Kevin Crameri OAM and Councillor Glenn Gardiner.

The FMA meets quarterly. The next meeting will be held on Thursday 14 November 2024 in Sydney.

It is proposed that Council nominate up to three Councillors (including two voting delegates) to the Floodplain Management Australia for the term in which the Councillors hold public office.

22. Sydney Western City Planning Panel

Planning Panels are independent bodies that strengthen decision making on regionally significant development applications and other planning matters including certain planning proposals and Aboriginal land planning.

There are five Sydney District Planning Panel operates in the Greater Sydney Region; Penrith City Council belongs to the Sydney Western City Planning Panel (SWCPP).

The SWCPP comprise five Panel members, three of which are State members, including the Chairperson, and two who are Council-appointed.

At least one of Council’s nominated representatives must have expertise in at least one of the following areas: planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism in accordance with the provisions of the Environmental Planning and Assessment Act, 1979. The appointments are limited by the Environmental Planning and Assessment Act 1979 to a maximum term of three years.

Since the Panel’s inception in 2018, it has been Council’s practice to nominate one Councillor representative (with an alternative) and one staff member, being the General Manager or their delegate (and an alternative). Council’s delegates to the Sydney Western City Planning panel prior to the 2024 Local Government election were Councillor Ross Fowler OAM as the Primary panel member with former Councillor Tricia Hitchen as the alternative panel member. The current delegate of the General Manager is the Head of City Strategy, with the Head of Program Assurance as the alternative member.

Under the Environmental Planning and Assessment Act 1979, a person is not eligible to be a member of the Panel if they are:

(1) A property developer – defined as:

(a) an individual or a corporation if—

(i) the individual or a corporation carries on a business mainly concerned with the residential or commercial development of land, with the ultimate purpose of the sale or lease of the land for profit, and

(ii) in the course of that business—

(A) 1 relevant planning application has been made by or on behalf of the individual or corporation and is pending, or

(B) 3 or more relevant planning applications made by or on behalf of the individual or corporation have been determined within the preceding 7 years,

(b) a person who is a close associate of an individual or a corporation referred to in paragraph (a).

(2) a real estate agent within the meaning of the Property, Stock and Business Agents Act 2002.

Formal nomination of representatives to the SWCPP is required to fulfil the requirements of the legislation. To retain continuous representation on the Panel, and consistent with previous practice, it is recommended that Council nominate and appoint one Councillor as the primary member, along with one Councillor as an alternative member, on the Sydney Western City Planning Panel for the term in which the Councillor holds public office. It is also recommended that Council delegate to the General Manager authority to nominate a staff member and alternative staff member to the Panel. The General Manager has indicated that if Council resolves as recommended, he intends to again appoint the Head of City Strategy as the primary member and the Head of Program Assurance as the alternative member.

23. Penrith Valley Regional Sports Centre Ltd

The constitution provides for Council to nominate one Councillor to be a director of the Centre. The term of office of Council’s elected representative is the term of the Council.

The Councillor who is nominated to the Board should be aware that they will have obligations as a Director associated with the Corporations Act 2001 and have a responsibility to make familiarise themselves with the requirements of ASIC prior to being nominated.

The Board meets every third Wednesday of the month at the Penrith Valley Regional Sports Centre at 6.30pm.

Prior to the 2024 Local Government election, Councillor John Thain was Council’s representative.

It is proposed that Council appoint one Councillor to represent the Council as a director on the Board of Penrith Valley Regional Sports Centre Limited for the term in which the Councillor holds public office.

24. Penrith CBD Corporation Ltd

Council resolved to develop the Penrith CBD Corporation Ltd for the purpose of working with partners, businesses, and landowners to revitalise the Penrith City Centre.

Penrith City Centre is an established commercial centre that includes retail, government services in health and administration and food and accommodation industries. The Penrith City Centre also supports our cultural, recreation and tourism industries, with strong connections to the Nepean River.

The parties to the Corporation have agreed to work collaboratively to advance and revitalise the Penrith City Centre and for the betterment of the Centre through the achievement of the vision for Penrith City Centre. The parties agree that at all times their overriding requirement is to work together to deliver services to the business community within the Penrith City Centre in the most effective and efficient manner possible.

Councillors who are nominated to the Board should be aware that they will have obligations as Directors associated with the Corporations Act 2001 and have a responsibility to make familiarise themselves with the requirements of ASIC prior to being nominated.

Prior to the 2024 Local Government elections, former Councillor Mark Rusev was Council’s representative.

The Board will meet monthly at a time determined by the group. Under the Constitution of the Board, it is proposed that Council appoint one Councillor to the Penrith CBD Corporation Board for the term in which the Councillor holds public office.

25. St Marys Town Centre Corporation Ltd

Council resolved to develop the St Marys Town Centre Corporation Ltd (SMTC) for the purpose of working with partners, businesses, and landowners to revitalise the St Marys Town Centre.

St Marys is a resilient hub of connectivity, grounded in its rich history, local industry and growing diversity. A spirited centre with a sense of place and belonging. St Marys embodies the opportunity for growth and change, building on connectivity with the centre and strengthened by smart connections to the greater Sydney region, Western Sydney Airport, Western Sydney Employment Land and the Aerotropolis.

The parties have agreed to work collaboratively to advance and revitalise the St Marys Town Centre and for the betterment of the Town Centre. The parties agree that at all times their overriding requirement is to work together to deliver services to the business community within the Town Centre in the most effective and efficient manner possible.

The Board typically meets monthly at a time determined by the group. Prior to the 2024 Local Government election, former Councillor Marlene Shipley was elected to represent Council on the SMTC.

Councillors who are nominated to the SMTC Board should be aware that they will have obligations as Directors associated with the Corporations Act 2001 and have a responsibility to familiarise themselves with the requirements of ASIC prior to being nominated.

It is proposed that Council nominate one representative to the St Marys Town Centre Corporation Board for the consideration of the Board, for the term in which the Councillor holds public office.

26. Western Sydney Academy of Sport Advisory Forum

The purpose of the Western Sydney Academy of Sport Advisory Forum is to act as an advisory body, representing Local Government to the Academy, on matters affecting talented athletes such as venues, facilities, emerging sports, and athlete performances.

The Advisory Forum has become an effective Forum for Academy and Council interaction, as well as a meaningful network for Council representatives to gain information and explore various Local Government sports/recreation/open space management matters.

The Western Sydney Academy of Sport Advisory Forum meets bi-monthly with Councils hosting at a sporting venue or facility on a rotational basis and meetings are generally the second Tuesday of the month at 10.00am.

Prior to the 2024 Local Government election, Council was represented on the Forum by former Councillor Bernard Bratusa with Councillor Todd Carney as the alternative representative.

It is proposed that Council nominate one Councillor as the primary representative and one alternative Councillor representative to the Western Sydney Academy of Sport Advisory Forum for the term in which the Councillors hold public office.

Establishment of New Committees

Councillors may consider the establishment of new committees or forums for the new term of this Council that are not addressed in this report. It is suggested the most appropriate way to consider this is to make a request to the General Manager at any time throughout this term, and for a report to be brought back to Council for consideration. It is noted that a report is currently being prepared to respond to a request for Council to establish a Youth Committee/Forum. This report will be brought to Council in 2025.

Financial Implications

Costs associated with attendance, participation and administration of the forums outlined in this report are accommodated within the 2024-25 Operational Plan. In the event that Council resolves to establish any additional committees or forums, a budget would need to be identified and would be included in a future report presented to Council.

Risk Implications

If Council does not resolve to appropriately fill positions on committees and forums outlined in this report, Council’s interests will not be best represented.

Conclusion

Council participates in various discussions and/or decision-making forums and committees both internal and external. Participation in these gives Councillors more opportunity to have their say on issues important to their communities. The report provides information on Council’s Standing Meetings, Controlled Entities, Internal and External Committees, and External Organisations that require Councillor Representation or Council endorsement to appoint committee members.

It is recommended that the information in this report be received and, where required, representatives be appointed to various controlled entities, internal and external committees and external organisations.

RECOMMENDATION

That:

1. The information contained in the report on Councillor Representation on Controlled Entities, Internal and External Committees and External Organisations be received, and the information on the Ordinary Council Meeting be noted.

2. The information on the Policy Review Committee Meeting be noted.

3. The information on Councillor Briefings be noted.

4. Council appoint three Councillors to the Access Committee for the term in which the Councillors hold public office.

5. Council appoint one Councillor to the Audit, Risk and Improvement Committee (ARIC) that is not the Mayor, as a non-voting delegate, for the term in which the Councillor holds public office.

6. Council appoint two Councillors to the Heritage Advisory Committee, for the term in which the Councillors hold public office.

7. The information on the Penrith International Friendship Committee be noted.

8. The information on the Penrith Community Safety Partnership be noted.

9. Council appoint at least two and no more than three Councillors to the Floodplain Risk Management Committee, for the term in which the Councillors hold public office.

10. The information on Resilience Committee be noted.

11. Council nominate three Councillors as Directors on the Board of Penrith Performing and Visual Arts Limited, for the term in which the Councillors hold public office.

12. Council appoint three Councillors to the Penrith City Children's Services Co-operative Ltd, for the term in which the Councillors hold public office.

13. Council appoint the Mayor of the day or a Councillor to the Cumberland Bush Fire Management Committee, for the term in which the Mayor or Councillor holds public office.

14. Council appoint two Councillors to the Cumberland Rural Fire Service District Liaison Committee, for the term in which the Councillors hold public office.

15. Council appoint one Councillor as the voting delegate to the Local Traffic Committee for the term in which the Councillor holds public office, and delegate to the General Manager authority to nominate an alternative voting delegate, who will be a Council staff member.

16. Council appoint one Councillor as the representative to the Penrith Valley Sports Foundation, for the term in which the Councillor holds public office.

17. Council appoint the Mayor of the day to the Western Sydney City Deal - Leadership Group for the term in which the Mayor holds public office.

18. Council appoint the Mayor of the day to The Parks - Mayoral Forum, for the term in which the Mayor holds public office.

19. Council appoint the Mayor of the day to the Fernhill Estate Community Trustee Board, for the term in which the Mayor holds public office.

20. Council note Councillor Todd Carney’s membership to the Strategic Advisory Committee of National Growth Areas Alliance.

21. Council appoint up to three Councillors to the Floodplain Management Australia, including two voting delegates, for the term in which the Councillors hold public office.

22. Council appoint one Councillor as the primary representative and one Councillor as the alternative representative to the Sydney Western City Planning Panel, for the term in which the Councillors hold public office, and Council delegate authority to the General Manager to nominate a staff member and alternative staff member to the Panel.

23. Council nominate one Councillor as a Director on the Board of Penrith Valley Regional Sports Centre Limited, for the term in which the Councillor holds public office.

24. Council nominate one Councillor as a Director on the Board of the Penrith CBD Corporation, for the term in which the Councillor holds public office.

25. Council nominate one Councillor as a Director on the Board of St Marys Town Centre Corporation, for the term in which the Councillor holds public office.

26. Council appoint one Councillor and an alternative Councillor representative to the Western Sydney Academy of Sport Advisory Forum, for the term in which the Councillors hold public office.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 28 October 2024

Draft Financial Statements 2023-24

Compiled by: Cheryl Freeburn, Operational Finance Manager

Authorised by: Neil Farquharson, Chief Financial Officer

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	Support financial sustainability through financial planning and budget management and provide accurate reporting to the community

Executive Summary

The draft 2023-24 Financial Statements have been prepared by Council staff, using the accrual method of accounting and comply with Australian Accounting Standards and the New South Wales Local Government Code of Accounting Practice and Financial Reporting.

This report covers:

· Legislative requirements;

· Background to the Financial Policies;

· Budget Performance; and

· Summary of Financial Results.

Legislative Requirements

The Local Government Act requires the following steps:

1. Council officers prepare the Financial Statements;

2. The Council issues a statement that the accounts are in order;

3. The Council refers the Financial Statements to its auditors for checking;

4. The Auditor returns the Financial Statements with an audit opinion attached;

5. The Financial Statements are placed on public display and the community may make submissions; and

6. The Financial Statements are formally presented during a Council Ordinary Meeting with the addressing of the meeting by Council’s Auditor;

At the time of writing the report Council officers have completed Step 1 by preparing the Statements and this report recommends completion of Steps 2, 3, 4 and 5 at tonight’s meeting. The Auditors have received an advance copy of the draft Financial Statements and have now completed several weeks of their audit program. It is considered appropriate that the Council issue the required statement for the 2023-24 accounts to refer the Financial Statements to the Auditors.

Current Situation

The Financial Statements have been prepared by Council officers, using the accrual method of accounting and comply with Australian Accounting Standards and the New South Wales Local Government Code of Accounting Practice and Financial Reporting.

Council’s Auditors were engaged to commence their audit on the 9 September 2024, with Council officers continuing to assist with the audit process. A draft copy of the Financial Statements was provided to a meeting of Council’s Audit Risk and Improvement Committee (ARIC) on the 9 September 2024 and endorsed at a further meeting on the 23 October 2024.

At the time of writing this report, the audit is nearing completion. The draft Financial Statements have been separately enclosed.

The Financial Statements are required to be audited by an independent auditor and lodged with the Office of Local Government (OLG) before 31 October each year.

Summary of Financial Results

The following figures provide a summary of the key results for 2023-24 compared to prior year 2022-23 and the actual change from current year (CY) to prior year (PY) restated figures:

Item ($’000)	2023-24 Original Budget	2023-24 Actuals (CY)	2022-23 Actuals (PY)	Actual Change CY to PY
Income Statement
Revenue (including capital)	380,298	411,943	361,233	50,710
Operating Expenditure	310,621	315,038	298,214	(16,824)
Operating result from continuing operations (including capital)	69,677	96,905	63,019	33,886
Operating results from continuing operations before capital	11,791	4,482	(13,936)	18,418
Capital Grants and Contributions	71,886	92,062	76,321	15,741
Net Gain/(Loss) from the disposal of assets	40,127	20,834	(4,126)	24,960
Depreciation and Amortisation	53,921	62,808	56,555	(6,253)
Financial Position
Total Borrowings		34,801	70,455	35,654
Cash and Investments		283,932	229,618	54,314
Employee Benefit Provision		39,300	36,884	(2,416)

Key Indicators/Benchmark	2023-24	2022-23
Operating Performance Ratio/ > 0%	(5.58%)	(4.59%)
Own Source Operating Revenue Ratio/ > 60%	68.42%	70.18%
Unrestricted Current Ratio/ > 1.5x	4.22x	4.22x
Debt Service Cover Ratio/ > 2	1.29x	5.58x
Rates Outstanding Percentage/ < 5%	4.81%	5.01%
Cash Expense Cover Ratio/ > 3 mths	9.76	10.07

Council finished the year with a surplus Operating Result from continued operations before Capital Income of $4.482m compared to last year’s deficit of $13.936m, a favourable difference of $18.418m compared to last year’s result and $7.3m unfavourable to the 2023-24 Original Budget. The main reason for the surplus is the profit on sale from Investment Property which settled on 28 June 2024. Depreciation increased following the comprehensive revaluation of Open Space and Recreation Assets and indexation for other asset classes in 2022-23.

Council held $283.9m in Cash and Investments as at 30 June 2024, an additional $54.3m from 30 June 2023 and this is mainly due to the sale of the investment property and additional developer contributions during the year.

Detailed Key Indicators (calculations reported under Note G5-1 of the General Purpose Financial Statements):

· Operating Performance – measures Council’s achievement of containing Operating Expenditure within Operating Revenue. Capital Grants and Contributions, Fair Value adjustments and profit or losses on sale are excluded, however depreciation is included. The benchmark is greater than 0%.

In 2023-24, Council’s indicator was a deficit of 5.58%. The main reason for the deficit ratio result is the increase in depreciation following comprehensive revaluations. As the replacement cost of Council’s assets continue to increase and further assets are constructed, depreciation expenditure will continue to increase. Council continues to plan for the long term (including managing asset management costs), forecasting asset renewal and investment in capital assets and balancing operational revenue and expenditure, with a focus on delivering balanced and sustainable budgets.

· Own Source Operating Revenue – is the degree of reliance on external funding sources such as Operating Grants and Contributions which can be an unreliable form of income. The benchmark is greater than 60% and a higher percentage means Council receives more of its revenue from Rates, Fees and Charges, and is less reliant on Grants and Contributions. In 2023-24, Council’s indicator was 68.42% (70.18% in 2022-23) which is still better than Benchmark.

· Unrestricted Current Ratio - Unrestricted Current Assets exceed Current Liabilities by a ratio of 4:22:1 (5:89:1 in 2022-23). This is better than the Office of Local Government’s benchmark of 1.5:1 and ensures Council has sufficient working capital to satisfy short term obligations.

· Debt Service Cover Ratio – measures the availability of operating cash to service our debt including interest, principal and lease payments. The Benchmark for this indicator is greater than 2. For 2023-24, Council’s indicator was 1:29:1 (5.58:1 in 2022-23) which is lower than Benchmark. During the 2023-24 financial year a $30m variable loan was repaid in full, following the sale of investment property for which the loan was originally used to purchase the site. This has had a significant and expected impact, the ratio will return to above benchmark in the following financial year. Council continues to use borrowings to fund Infrastructure Programs and Projects, however Council’s level of debt is continually monitored to ensure it is sustainable without compromising service levels.

· Rates Outstanding – The Rates Outstanding Ratio is an indicator that highlights the effectiveness of Council’s credit management practices. The ratio is 4.81% for the year ended 2023-24 versus 5.01% in 2022-23. Rates arrears have reduced from prior peaks during the pandemic with the result now being below the benchmark. Council has returned to business as usual debt recovery processes, and continues with a compassionate approach to debt recovery to assist ratepayers experiencing cost of living pressures.

· Cash Expense Cover Ratio – indicates the number of months a council can continue paying its immediate expenses without additional cash inflow. The Benchmark is greater than 3 months. Council’s indicator for 2023-24 was 9.76 months versus 10.07 months in 2022-23, which is better than Benchmark and ensures Council has sufficient liquidity to meet all cash expenses and exceeds benchmark.

Assets & Revaluations

Fair Value

Council moved to Fair Value reporting in the 2010-11 Financial Statements with the revaluation of Community Land. The OLG issued Circular (12-09) and confirmed the revaluation cycle of Infrastructure, Property, Plant and Equipment (IPPE) to a maximum 5-year cycle (unless Council assesses there has been material changes to the valuations beforehand). Summary of dates for valuations are listed in the table below:

Asset Class	Due
Roads, Bridges, Footpaths, Drainage	30 June 2025
Investment Properties	30 June 2025
Buildings	30 June 2027
Operational Land	30 June 2027
Community and Crown Land; Land Under Roads	30 June 2027
Other Open Space/recreational assets; Land Improvements - depreciable	30 June 2028

A fair value assessment of Infrastructure Assets has been completed to determine if there have been any material changes, and balances have been adjusted. The increase in closing balances for Buildings, Roads, Stormwater drainage and Open Space/Recreation due to revaluation and capital additions (not shown separately in table) will further increase annual depreciation expenditure. The significant changes from Net Carrying Amount Prior Year and Current Year have been summarised in the table below, full details can be found within the Financial Statements in Note C1-8 Infrastructure, property, plant and equipment.

Land, Buildings, Stormwater drainage and Open space/Recreation

Type	Opening Value ($)	Revaluation ($)	Closing Value ($)	Change (%)
Community land	746,820,270	(39,363,000)	706,766,000	(5.3%)
Crown land	72,355,210	(5,359,000)	66,996,000	(7.4%)
Buildings	311,204,000	21,596,000	340,623,000	6.9%
Roads	989,456,000	77,439,000	1,090,354,000	7.8%
Stormwater drainage	639,079,000	76,731,000	717,102,000	12%
Open Space/Recreation	113,127,000	8,314,000	133,166,000	7.3%

Council’s Report on Infrastructure Assets

The estimated cost to bring the assets to a satisfactory standard is based on the overall reported value of these asset classes, which have increased significantly and the proportion of these assets which are estimated to be below a satisfactory standard.

It is not anticipated that there will be immediate failures of these asset classes, however Council will need to plan for the renewal of those assets which are nearing the end of their useful life. Future reports will be presented to Council on the strategies for managing the renewal of these assets.

There are several performance indicators that are shown in Special Schedules Report on Infrastructure Assets as at 30 June 2024:

· Buildings and Infrastructure Renewals Ratio – used to assess the rate at which infrastructure assets are being renewed against the rate at which they are depreciating. Council’s indicator in 2023-24 is 63.12% (44.14% in 2022-23). Councils renewal ratio increased in 2023-24, mainly due to a very generous State Government Grant under the RLRRP program, which allowed an additional $13m to be spent on repair of Councils roads. This grant funding was a once-off allocation and will not continue. The Benchmark is greater than or equal to 100%. Council’s renewal ratio varies from year to year depending on asset renewal expenditure and is not meeting benchmark due to the increase in depreciation as a result the increased replacement value across all asset classes.

· Infrastructure Backlog Ratio – shows what proportion the backlog is against the total value of Council’s infrastructure. Council’s indicator in 2023-24 is 5.35% (4.36% in 2022-23). The Benchmark is less than 2%. Councils backlog ratio has increased in 2023-24 mainly due to the Roads asset class. Council undertook a comprehensive condition audit of all roads. This survey found that a significant proportion of sealed roads have deteriorated from condition 3 to condition 4. This deterioration was caused in part by the effect of several years of persistent wet weather.

· Asset Maintenance Ratio – compares the Actual versus Required annual asset maintenance identified in Council’s asset management plans. A ratio of greater than 100% indicates that the Council is investing enough funds within the year to stop the infrastructure backlog from growing. Council’s indicator for 2023-24 is 62.27% which is below the Benchmark. Councils invested a significant amount into asset maintenance in 2023 due to flood damage repairs. This ratio is not meeting benchmark mostly due to an increase in the fair value of assets not reflecting in a proportional increase in maintenance funding. Review of existing maintenance levels and requirements is an ongoing process.

· Costs to bring assets to agreed service level – Council’s estimated cost to bring to an agreed level of service as set by Council has increased in 2024 mainly due to the comprehensive stocktake and condition assessment of open space assets which increased the quality of information and identified assets below a satisfactory condition. The majority of Council’s existing infrastructure backlog is within the stormwater drainage asset class.

Financial Implications

Detailed financial implications resulting from the 2023-24 financial year income and expenditure is included within this report and within the Financial Statements (separately enclosed).

Risk Implications

The Financial Statements are prepared by Council staff, using the accrual method of accounting and comply with Australian Accounting Standards and the New South Wales Local Government Code of Accounting Practice and Financial Reporting. Internal controls are established and maintained to ensure that they are reliable, have recorded all material transactions, appropriate accounting policies have been applied, the risk of fraud and errors have been minimised.

Conclusion

The 2023-24 Draft Annual Financial Statements have been prepared and the external audit is underway. The Financial Statements include the results of the fair value assessment by Council of the other Infrastructure Asset classes has been finalised and values updated. After allowing for $92.1m of Capital Grants and Contributions, Council finished the 2023-24 year with a surplus from Ordinary Activities of $96.9m and a surplus Net Operating Result of $4.4m excluding Capital Grants and Contributions. All significant Financial Performance Measures are in line with expectations and Council’s short-term Financial Position remains sound. The Operating Performance Ratio and Infrastructure Ratios are a focus for Council to guide a path to improve financial sustainability and Council’s Resourcing Strategy is being implemented to ensure we take appropriate actions to continue to be able to meet the service level needs of our community.

It is proposed that the Public Exhibition period will commence as soon as practicable following the finalisation of the audit and issue of the auditors reports, with written submissions to be received within 7 days in accordance with Section 420 of the Local Government Act 1993. A further report will be presented to Council following the public exhibition period.

RECOMMENDATION

That:

1. The information contained in the report on Draft Financial Statements 2023-24 be received.

2. Pursuant to s413(2)(c) it is the Council's opinion that:

a. The Financial Statements and schedules have been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting, the Local Government Australian Infrastructure Management Guidelines, and Australian Accounting Standards. The Statements comply with Australian Statements of Accounting Concepts.

b. The Financial Statements present fairly the Council's financial position as at 30 June 2024 and the operating result for the year then ended.

c. The statements are in accord with Council's accounting and other records.

3. Pursuant to the Local Government Code of Accounting Practice and Financial Reporting and Section 215 of the Local Government (General) Regulation 2005 it is the Council's opinion that:

a. The accompanying Special Purpose Financial Report has been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting and the requirements of National Competition Policy. The Code requires the inclusion of various charges and subsidies which are not actually paid or payable.

b. The Special Purpose Financial Report is a special purpose report and is not required to comply with Australian Accounting Standards. The above legislative requirements differ from Australian Accounting Standards and hence the report does not comply with Australian Accounting Standards.

c. The Special Purpose Financial Statements present a modelled scenario for comparative purposes. They do not report an actual result.

4. The Statements be forwarded to Council's Auditors for completion of the audit.

5. The Financial Statements be placed on public exhibition following the completion of the audit.

6. A further report be presented to Council following the public exhibition period.

ATTACHMENTS/APPENDICES

There are no attachments for this report

Ordinary Meeting 28 October 2024

Penrith City Council State of Our City Report

Compiled by: Craig Shepherd, Corporate Planning and Performance Lead

Authorised by: Jeni Pollard, Head of Future Directions and Resilience

Kylie Powell, Director Futures and Strategy

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

The purpose of this report is to present the 2024 State of Our City Report. The 2024 State of Our City Report can be found in Appendix 1 and provides on overview of the achievements of Council over the past four years in responding to priorities identified in the Penrith 2036+, Community Strategic Plan.

The 2024 State of Our City Report is drawn from data and feedback across Council and reflects the depth and breadth of the work undertaken to support and serve the community of Penrith. Whilst the report is a requirement of the Local Government Act (1993) and the Integrated Planning and Reporting Guidelines, it provides an opportunity for the new Council to review the previous 3 years of activity while preparation and planning for next four years is underway.

Additional content for the report is sourced from Council’s 2024 Customer Satisfaction Survey and other external data sources to support an evidence-based review of achievements and challenges.

In line with the Integrated Planning and Reporting Handbook for Local Councils in NSW the 2024 State of Our City Report is presented to Council for noting. The report will also be appended to the 2024 Annual Report and published on Council’s website.

Background

Integrated Planning and Reporting (IP&R) is the legislative framework for business planning for local government in NSW. IP&R underpins good governance and local democracy in that council planning and delivery is most effective when built on a platform of understanding the community’s priorities, expectations and aspirations regarding their city and extent and levels of service provided by the council.

To this end, Council prepares a Community Strategic Plan that has a 10+ year horizon. The Community Strategic Plan (CSP) is the highest-level document of the Council as it articulates the community vision and aspirations. Every plan, strategy or activity delivered by Council reflects the priorities of the community as written in the Community Strategic Plan. The Community Strategic Plan is reviewed at least every 4 years with an incoming Council.

The IP&R Handbook outlines that to enable the delivery of the priorities within the CSP, council demonstrates genuine and inclusive engagement. To this end, Council is required by legislation to develop a Community Engagement Strategy. This Strategy is the subject of a separate report to Council at this meeting as it is required to be reviewed and endorsed by Council in the first 3 months of the election.

Whilst the CSP has a 10+ years’ time frame for delivery and should be aspirational in nature, the incoming council discuss and agree on priorities and commitments against the CSP for delivery over the term of the Council. These priorities, as well as the business-as-usual activity, will be shaped into a Delivery Program for the next four years. The process for the development of the Delivery Program will commence in November at a Councillor Workshop.

Councillors will note that every report in the Business Paper has a table upfront showing Outcome, Strategy and Principle Activity. The Outcome and Strategy both refer to agreed priorities from the CSP and the Principle Activity refers to Delivery Program commitments. This is a small but significant way in which Council can demonstrate that all activity is linked to community priorities.

The State of Our City Report is written to reflect achievements and progress over the last 3 years, the term of the previous Council, towards community outcomes identified in the Community Strategic Plan. Council must prepare and present a State of Our City Report to the second meeting of the new Council after election. The State of Our City Report must also be made available as part of the Annual Report for that year.

Current Situation

The 2024 State of Our City Report covers the term of the previous council, in this case the last 3 years, and demonstrates progress made against the Community Strategic Plan Community Outcomes. The report provides information that assists in setting the scene for planning for the new term of Council.

The State of Our City Report is a public facing document that covers the period December 2021 to September 2024 and will be included as an Appendix to the 2023-24 Annual Report.

The report includes achievements made by Council under each of the Councillor Priorities identified in the 2022-26 Delivery Program. The report includes progress against the measures included in the Community Strategic Plan, along with other statistical information to help our community gain a better understanding of the changes that have occurred during the term of the previous Council.

In brief, the report outlines a number of highlights including:

· Achieving endorsement of the LEP/DCP Urban Heath Package and Green Grid Strategy promoting sustainable urban design

· Creating a shared vision for St Marys that builds on substantial government investment and opportunities from the Western Sydney International (Nancy-Bird Walton) Airport and being the first city linked from the start of operation by the new Metro. The vision builds on the aspirations of residents and the community gleaned from extensive engagement.

· Commencement of the $21 million St Marys Central Park project funded through the NSW Infrastructure Grants Program.

· Development of the award-winning Places of Penrith Strategic Planning Framework focusing on the future vision incorporating employment, housing, rural lands and green corridors.

· Development of the Penrith Economic Development Strategy and the Penrith Visitor Economy Strategy to guide the actions of Council and its partners to grow the local economy and create 23,000 additional jobs by 2031.

· Delivery of the Gipps Street Recreational Precinct on a 32-hectare site in Claremont Meadows, an exceptional facility funded by Council with the support of the NSW government.

· The completion and opening of the City Park, located on the corner of Henry and Station Streets in the Penrith City Centre, developed with a strong sustainability aesthetic with central lawn, rain garden and amenities building.

· The return of the REAL Festival to the Nepean River after a 3-year hiatus due to COVID and ongoing works for the upgrade of Tench Reserve. The festival returned in 2023 with a crowd of over 50,000 people.

· Endorsement of an updated Acknowledgement of Country to reflect the Dharug and Gundungurra people as the traditional owners of the

· Launched and updated the Council brand with a check in May 2024 showing that 98% of residents are familiar with the bran and 87% supporting the refresh.

Whilst these key achievements and others are highlighted in the report, many activities and services are delivered on a day to day basis, including:

· The planting of 15,600 trees (over 3 metres high) as a part of our ongoing greening the city program.

· Using over 230,200 recycled coffee cups and over 3,350 tonnes of recycled glass in our road resurfacing program and diverting significant waste from landfill.

· Community grants distributed to hundreds of local groups and volunteer organisations to build community capacity and opportunities.

· Responding to over 4,800 pothole requests with an average of 71% completed within five working days.

The results show a mixed picture with some areas of Council activity exceeding community expectations whilst other areas have not quite hit the levels benchmarked 3 years ago. There may be a number of factors that contribute to this overall result, not the least being current cost of living pressures and housing affordability impacting sentiment for the community more generally. The benchmarks themselves may need to be revisited as they were established in the period just post-COVID when the economic conditions were significantly different to present day.

Penrith, like many Councils in growth areas experiences the challenges of infrastructure not meeting population growth. Council has been actively engaging with other levels of government to respond to these challenges and seek commitment for infrastructure delivery that meets those challenges. One of our opportunities going forward is to share these advocacy efforts with the community so that they are well informed of the actions that Council is taking on behalf of the community.

Financial Implications

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

Risk Implications

Council must prepare a State of Our City Report to demonstrate progress against the Community Outcomes contained in the Community Strategic Plan 2036+ and be made available as part of the Annual Report for that year. The 2024 State of Our City Report provides a summary of achievements under each identified Councillor priorities along with statistical information. The 2024 State of Our City Report will be included in the 2023-24 Annual Report as an appendix.

Conclusion

The 2024 State of Our City Report provides on overview of the achievements of Council over the past four years in responding to priorities identified in the Penrith 2036+, Community Strategic Plan. The Report draws from data and feedback across Council and reflects the depth and breadth of the work undertaken to support and serve the community of Penrith.

The report is a requirement of the Local Government Act (1993) and the Integrated Planning and Reporting Guidelines, it provides an opportunity for the new Council to review the previous 3 years of activity while preparation and planning for next four years is underway.

The report will also be appended to the 2024 Annual Report and published on Council’s website.

RECOMMENDATION

That the information contained in the report on Penrith City Council State of Our City Report be received.

ATTACHMENTS/APPENDICES

1. ⇩

State of Our City Report 2024

42 Pages

Attachments Included

Ordinary Meeting 28 October 2024

Pecuniary Interest Returns (Annual and First Returns) 2023 -2024

Compiled by: Avanthi Fernando, Governance Officer

Authorised by: Adam Beggs, Head of Governance

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

According to clause 4.21 of the Model Code of Conduct for Local Councils in NSW 2020 (the Code) “a Councillor or designated person must make and lodge with the General Manager a return in the form set out in schedule 2 of the Code, disclosing interests specified in schedule 1 of the Code within three (3) months after becoming a Councillor or designated person, 30 June each year and the Councillor or designated person becoming aware of an interest they are required to disclose under Schedule 1 that has not been previously disclosed…”.

As set out in clause 4.21 first returns must be completed and lodged within three (3) months of becoming a Councillor or designated person while annual returns must be completed and lodged within three (3) months after 30 June each year.

Designated persons include the General Manager, other senior staff, and staff holding a position identified by the Council as a position of a designated person because it involves the exercise of certain functions such as regulatory or contractual.

Audit, Risk, and Improvement Committee (ARIC) members are also identified as designated persons under clause 4.8(d) of the Code.

In addition, Local Planning Panel members are required under clause 4.17 of the Code of Conduct for Local Planning Panels 2020 to “make and lodge with the panel chair a return in the form set out in schedule 2 to this Code, disclosing interests as specified in schedule 1 to the Code within one (1) month after becoming a panel member, 30 June each year and the panel member becoming aware of an interest they are required to disclose under Schedule 1 that has not been previously disclosed”.

This report details a list of annual disclosures and first returns lodged by Councillors, designated persons, ARIC members, and Local Planning Panel members.

Background

Part 4 of the Model Code of Conduct for Local Councils regarding the registration and tabling of returns lodged by Councillors and designated persons prescribes that:

· the General Manager must keep a register of returns required to be lodged with the General Manager under clause 4.21, using the form set out in schedule 2 of the Code (clause 4.24)

· returns required to be lodged with the General Manager under clause 4.21(a) and (b) must be tabled at the first Meeting of the Council after the last day the return is required to be lodged (clause 4.25).

A register of all returns lodged by Councillors and designated persons, in accordance with clause 4.21 of the Code of Conduct, is currently kept by Council as required by this part of the Code.

Returns lodged under clause 4.21 are to be made publicly available in accordance with the requirements of the Government Information (Public Access) Act 2009. Accordingly, returns will be available on Council’s website subject to redaction, where permitted in accordance with public interest principles and applicable guidelines. Consultation is undertaken with designated persons before being published.

Schedule 2 of the Code of Conduct for Local Planning Panels prescribes that:

· the information collected on the returns form to be kept by the General Manager in a register of returns.

· the General Manager is required to table all returns at a council meeting, and

· information contained in the returns form will be published on the council’s website.

The following Clause 4.21(b) returns under the Code of Conduct for Local Councils have been lodged by Councillor and Designated persons:

Councillor	Return Period	Date Lodged
Cr Bernard Bratusa	01 July 2023 – 30 June 2024	2 July 2024
Cr Glenn Gardiner	01 July 2023 – 30 June 2024	29 July 2024
Cr John Thain	01 July 2023 – 30 June 2024	12 August 2024
Cr Jonathan Pullen	01 July 2023 – 30 June 2024	30 July /2024
Cr Karen McKeown OAM	01 July 2023 – 30 June 2024	1 July 2024
Cr Kevin Crameri OAM	01 July 2023 – 30 June 2024	2 September 2024
Cr Mark Davies	01 July 2023 – 30 June 2024	13 August 2024
Cr Mark Rusev	01 July 2023 – 30 June 2024	1 July 2024
Cr Marlene Shipley	01 July 2023 – 30 June 2024	21 August 2024
Cr Robin Cook	01 July 2023 – 30 June 2024	1 July 2024
Cr Ross Fowler OAM	01 July 2023 – 30 June 2024	1 July 2024
Cr Sue Day	01 July 2023 – 30 June 2024	12 August 2024
Cr Todd Carney	01 July 2023 – 30 June 2024	1 July 2024
Cr Tricia Hitchen	01 July 2023 – 30 June 2024	26 August 2024

Name	Position Title	Return Period	Date Lodged
Andrew Jackson	Director Development and Regulatory Services	July 2023 - June 2024	19 September 2024
Andrew Moore	General Manager	July 2023 - June 2024	24 July 2024
James Symonds	Capital Projects Director	July 2023 - June 2024	20 September 2024
Kylie Powell	Director – City Futures	July 2023 - June 2024	26 August 2024
Sandy Davies	Director - Community and People	July 2023 - June 2024	18 July 2024
Stephen Britten	Chief Governance Officer	July 2023 - June 2024	3 July 2024
Matthew Bullivant	Director – Corporate Services	July 2023 - June 2024	2 July 2024
Adam Beggs	Governance Manager	July 2023 - June 2024	2 July 2024
Adam Wilkinson	Engineering Services Manager	July 2023 - June 2024	4 July 2024
Aisha Poole	Waste & Resource Recovery Manager	July 2023 - June 2024	3 July 2024
Amanda McMurtrie	Property Development Manager	July 2023 - June 2024	23 September 2024
Andrew Robinson	Community Facilities and Recreation Manager	July 2023 - June 2024	6 September 2024
Andrew Avery	Legal Services Manager	July 2023 - June 2024	20 August 2024
Carlie Ryan	City Strategy Manager	July 2023 - June 2024	1 July 2024
Christine Gough	City Planning Manager	July 2023 - June 2024	12 September 2024
David Parry	Customer Experience Manager	July 2023 - June 2024	5 September 2024
Glenn McCarthy	Program Assurance Manager	July 2023 - June 2024	8 July 2024
Gregory McCarthy	Environmental Health & Compliance Manager	July 2023 - June 2024	19 September 2024
Jade Bradbury	Children’s Services Operations Manager	July 2023 - June 2024	4 July 2024
Jane Howard	ICT Operations Manager	July 2023 - June 2024	2 August 2024
Jeni Pollard	City Resilience Manager	July 2023 - June 2024	12 September 2024
Joshua Fayle	People and Culture Manager	July 2023 - June 2024	5 September 2024
Kevin Brennan	City Economy and Marketing Manager	July 2023 - June 2024	8 July 2024
Linda Ross	People and Children Manager	July 2023 - June 2024	20 September 2024
Megan Whittaker	City Activation, Community and Place Manager	July 2023 - June 2024	4 July 2024
Murray Halls	Acting City Presentation Manager	July 2023 - June 2024	20 September 2024
Neil Farquharson	Financial Services Manager	July 2023 - June 2024	5 September 2024
Peter Wood	Head of Development Services	July 2023 - June 2024	6 September 2024
Rebekah Elliott	St Marys Place Manager	July 2023 - June 2024	5 August 2024
Robert Tweddle	Manager - Ripples	July 2023 - June 2024	8 July 2024
Sarah Dean	Library Services Manager	July 2023 - June 2024	8 July 2024
Stephannie Mikhail	Business Transformation Manager	July 2023 - June 2024	5 September 2024
Tracy Chalk	Design and Projects Manager	July 2023 - June 2024	30 September 2024
Elizabeth Gavey	ARIC Member	July 2023 - June 2024	8 September 2024
Sheridan Dudley	ARIC Member	July 2023 - June 2024	3 September 2024
Carl Millington	ARIC Member	July 2023 - June 2024	23 September 2024

The following Clause 4.21(a) first returns under the Code of Conduct for Local Councils have been lodged:

Name	Position Title	Start Date	Date Lodged
Anne Richardson	Head of Strategic Asset Management	1 July 2024	5 September 2024
Andrew Farrell	Head of Communications	1 July 2024	15 July 2024
Marcella Kelshaw	Head of City Activation, Community and Place	5 August 2024	10 September 2024
Justin Day	Head of Property Investment	19 August 2024	20 August 2024
Tim Power	Head of Legal Services	26 August 2024	10 September 2024

The following Clause 4.17(a) first returns under the Code of Conduct for Local Planning Panels have been lodged:

Name	Position Title	Start date	Date Lodged
Graham Brown	Chair	1 July 2024	15 July 2024
Stephen Alchin	Alternate Chair	1 July 2024	25 June 2024
Donna Rygate	Alternate Chair	1 July 2024	25 June 2024
Helen Mansfield	Expert Member	1 July 2024	4 July 2024
Clare Swan	Expert Member	1 July 2024	15 July 2024
Philip North	Expert Member	1 July 2024	24 June 2024
Awais Piracha (Dr)	Expert Member	1 July 2024	22 June 2024
Kate Bartlett	Expert Member	1 July 2024	2 July 2024
Patrick Hurley	Expert Member	1 July 2024	24 June 2024
David Ryan	Expert Member	1 July 2024	4 July 2024
Stuart McDonald	Expert Member	1 July 2024	1 August 2024
Jeremy Swan	Expert Member	1 July 2024	24 June 2024
Stephen Driscoll	Expert Member	1 July 2024	4 July 2024
Glenn Falson	Expert Member	1 July 2024	28 August 2024
Chris Young	Expert Member	1 July 2024	20 June 2024
Lisa Trueman	Expert Member	1 July 2024	26 June 2024
Juliet Suich	Expert Member	1 July 2024	12 August 2024
Bruce Simpson	Expert Member	1 July 2024	24 June 2024
Vanessa Howe	Community Representative - East Ward	1 July 2024	21 June 2024
Harold Dulay	Community Representative - South Ward	1 July 2024	10 September 2024
Benjamin Adamson	Community Representative - North Ward	1 July 2024	29 July 2024

Financial Implications

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

Risk Implications

Councillors and designated persons are requied to disclose pecuniary interests listed in Schedule 1 in accordance with clause 4.21 of the Model Code. Local Planning Panel members are required to disclose pecuniary interests in accordance with clause 4.17 of the Code of Conduct for Local Planning Panels. The disclosures of pecuniary interests are expected to uphold Councillors’, designated persons’, and Local Planning Panel members’ honest and responsible conduct while executing their duties and to minimise possible breaches of pecuniary interest obligations set out in the Codes. The management of Council’s pecuniary interest returns are one of a series of measures implemented to manage risks associated with decision making throughout the organisation.

Conclusion

The returns were completed and lodged prior to the due date for the receipt of the returns and are kept in a register held by the Governance Department.

Returns will be available on Council’s website subject to redaction, where permitted in accordance with public interest principles and applicable guidelines.

RECOMMENDATION

That:

1. The information contained in the report on Pecuniary Interest Returns (Annual and First Returns) 2023 -2024 be received.

2. All Pecuniary Interest Returns (Annual and First) lodged be made publicly available in accordance with the requirements of the Government Information (Public Access) Act 2009 subject to appropriate redactions.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

-	Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are endorsed for exhibition
*	Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are adopted
#	Meetings at which the Operational Plan quarterly reviews (March and September) are presented
@	Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for December and June) are presented
^	Election of Mayor and/or Deputy Mayor
ü	Meeting at which the 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

Outcome	We manage and improve our built environment
Strategy	Plan for and maintain accessible, safe and high quality infrastructure
Principal Activity	Provide technical advice and work collaboratively with stakeholders to development and implement road safety programs