Agenda of Ordinary Meeting - Monday, 28 April 2025

Ordinary Meeting 28 April 2025

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 7 April, 2025

PRESENT

Councillor Reece Nuttall (Council Representative), Councillor Garion Thain (Representative for the Member for Londonderry), Councillor Robin Cook (Representative for the Member for Penrith), Mark Rusev (Representative for the Member for Badgerys Creek), Raymond Tran – Transport for NSW (TfNSW) and Siva Balasubramaniam – Transport for NSW (TfNSW).

IN ATTENDANCE

Joshua Hull – Head of Engineering Services (Chair), Kablan Mowad – Traffic and Transport Engineering Coordinator, Phil Saverimuttu – Senior Traffic Engineer, Caitlin Bailey – Senior Traffic Engineer, Lalaine Malaluan – Senior Transport Engineer, Daniel Davidson – Transport Engineer, Karl Magistrado – Traffic Engineer, Roshlyn Naidu – Trainee Engineer, Suzan Mehmet – Road Safety Officer, Jasmin Toro – Traffic Administration Officer, Ashleigh Markowski – Business Administration Trainee (Engineering), Ben Cantor – Busways, Paul Bottomley – Blue Mountains Transit (CDC NSW) and James Duguid – Transit Systems.

APOLOGIES

Sergeant Stephen Page - Nepean Police Area Command (PAC).

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 3 March 2025

That the minutes of the Local Traffic Committee Meeting of 3 March 2025 be deferred and adopted at the following Ordinary Meeting of 28 April 2025. These Minutes will be presented at the next Local Traffic Committee on 5 May 2025 meeting for confirmation.

DECLARATIONS OF INTEREST

NIL.

DELIVERY PROGRAM REPORTS

Outcome 4 - We manage and improve our built environment

1 Bradley Street, Glenmore Park - Investigation into Speeding Vehicles and Pedestrian Safety

Raymond Tran – Transport for NSW advised that TfNSW has reviewed the report and wishes to clarify that the Design of Roads and Streets (DORAS) Manual provides non-prescriptive guidance and is not a ‘criteria’ set by TfNSW. Whilst DORAS considers raised safety platforms and wombat crossings suitable devices for local street contexts with higher traffic volumes, TfNSW notes that council has undertaken an assessment of the location of Bradley Street against relevant standards and guidelines and has considered that raised devices or pedestrian crossings are not warranted at this location

RECOMMENDED

That:

1. The information contained in the report on Bradley Street, Glenmore Park - Investigation into Speeding Vehicles and Pedestrian Safety be received.

2. Council Officers continue to monitor traffic conditions on Bradley Street, Glenmore Park between Glengarry Drive and Glenmore Ridge Drive, and list Bradley Street for the regular installation of Council’s speed reminder message board.

3. Council write to Nepean Police Area Command requesting additional enforcement activities on Bradley Street, Glenmore Park as resources permit.

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

2 Glenmore Park Release 2 - Proposed Bus Route Extension

Ben Cantor – Busways raised that as part of the consultation undertaken to date, feedback from residents had been received. He also advised that he would provide details of the feedback and work with Council to determine whether the feedback warranted a further report being brought to LTC on the matter.

Ben Cantor advised that as part of Transport for NSW’s review, there will now be a total of 6 bus stops proposed. Ben advised he will provide Council with an updated map of the 6 bus stop locations.

Joshua Hull - Head of Engineering Services (Chair) acknowledged the feedback, advising that Council will work with Busways on progressing this matter. He also noted that the recommendation would be updated to reflect the changed locations of new bus stops to be approved.

RECOMMENDED

That:

1. The information contained in the report on Glenmore Park Release 2 - Proposed Bus Route Extension be received.

2. Consultation be undertaken with affected residents regarding the Bus Route 794 adjustments with any substantial objections to be referred back to the Local Traffic Committee for consideration.

3. Subject to no substantial objections being received, the Bus Route 794 adjustments and six (6) new Bus Stops as listed below be implemented:

· Location 1: Forestwood Drive, northern side, approximately 28 metres west of Prospect Avenue

· Location 2: Forestwood Drive, southern side, approximately 31metres east of Frontier Street

· Location 3: Bradley Street, northern side, along the southern property boundaries of 26 Tallwood Avenue 16 Frontier Street

· Location 4: Bradley Street, southern side, approximately 18 metres east of Tranquil Way

· Location 5: Bradley Street, southern side, across the frontages 136 & 134 Bradley Street.

· Location 6: Bradley Street, northern side, at the western end of the indented parking bay on the southern boundary of Mulgoa Rise Fields.

All costs associated with the installation of bus stops to be funded by Busways and/or Transport for NSW.

4. Council’s Development Engineers be notified and request that the developer of this part of the Glenmore Park subdivision provide hardstand boarding points compliant with the Disability Discrimination Act as required by any consent conditions.

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

6. Busways and Council’s Ranger Services department be advised of Council’s resolution.

3 Christie Street and Lee Holm Road, St Marys - Endorsement of Design Plan AC292

RECOMMENDED

That:

1. The information contained in the report on Christie Street and Lee Holm Road, St Marys - Endorsement of Design Plan AC292 be received.

2. Consultation be undertaken with surrounding businesses regarding the proposed upgrade at Christie Street and Lee Holm Road, St Marys, as shown in Design Plan AC292.

3. Subject to no substantial objections, Design Plan AC292 be endorsed for construction, with funding provided from the Australian Government Black Spot Program 2024/25.

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

4 Hall Street and Atchison Street, St Marys - Endorsement of Design Plan AT101 - Substantial Objections

Councillor Robin Cook (Representative for the Member for Penrith) expressed her support for the matter to proceed.

RECOMMENDED

That:

1. The information contained in the report on Hall Street and Atchison Street, St Marys - Endorsement of Design Plan AT101 - Substantial Objections be received.

2. Design Plans AT101, as shown in the separate enclosure, be endorsed for construction, with funding provided from the 2024/25 Black Spot & Safer Roads Programs.

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

4. Melissa McIntosh MP, Mayor, Councillor Todd Carney, and businesses who made submissions be advised of Council’s resolution.

5 Ottelia Road, Kemps Creek - Proposed Relocation of Bus Zone Signage

RECOMMENDED

That:

1. The information contained in the report on Ottelia Road, Kemps Creek - Proposed Relocation of Bus Zone Signage be received.

2. Notification be provided to affected properties regarding the proposed relocation of the ‘Bus Zone’ signage on Ottelia Road, Kemps Creek.

3. Following notification to affected properties, ‘Bus Zone’ signage be relocated and installed at the proposed new location on Ottelia Road, Kemps Creek, as shown in Appendix 1.

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

5. Busways be advised of Council’s resolution.

GENERAL BUSINESS

GB 1 Moxham Street, Cranebrook – Concerns about Speeding Vehicles

Councillor Robin Cook (Representative for the Member for Penrith) raised concerns on behalf of residents regarding a traffic accident that occurred on 15 March 2025 on the corner of Moxham Street and Callisto Drive, Cranebrook. Speeding vehicles on Moxham Street were the primary concern, with particular reference to speeding occurring during peak times around school pick up and drop off.

RECOMMENDED

That:

1. Council investigate vehicle speeds and crash data history on Moxham Street, Cranebrook.

2. Councillor Robin Cook and Karen McKeown OAM MP, Member for Penrith be advised of the outcome.

There being no further business the Chairperson declared the meeting closed the time being 9:43am.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 April, 2025 be adopted.

Ordinary Meeting 28 April 2025

Re-establishment of Alcohol-Free Zones and Alcohol Prohibited Areas 2025-2029

Compiled by: Olivia Kidon, Community Safety Team Lead

Authorised by: Marcella Kelshaw, Head of City Activation, Community and Place

Sandy Davies, Director Community Connection

Outcome	We are welcoming, healthy, happy, creative and connected
Strategy	Build and support community resilience to adapt to changing circumstances
Principal Activity	Work with local communities to identify priority issues in their area and build local resilience

Executive Summary

Penrith City Council has a total of 87 alcohol-free public spaces across the City. This includes 56 Alcohol-Free Zones (applicable for public roads, footpaths and car parks) and 31 Alcohol Prohibited Areas (applicable for parks, reserves and public open spaces). These locations were established as Alcohol-Free for the four-year period 1 July 2021 to 30 June 2025.

Following a consultation and review process conducted in accordance with sections 632A and 644 of the Local Government Act 1993, it is proposed to re-establish the existing Alcohol-Free Zones and Alcohol Prohibited Areas (refer appendix 1) for an additional four-year period.

Information was provided to Councillors via memo in February 2025 on the proposal to re-establish Alcohol-Free Zones and Alcohol Prohibited Areas for a further four-year period and the associated community consultation process.

This report updates Council on the review process and recommends that existing Alcohol-Free Zones and Alcohol Prohibited Areas be re-established for the four-year period from 1 July 2025 to 30 June 2029.

Background

The Local Government Act (the Act) allows Councils to restrict consumption of alcohol in some public spaces. Under the Act it is illegal to consume alcohol in a designated Alcohol-Free Zone or Alcohol Prohibited Area.

‘Alcohol-Free Zones’ can be established and are enforced under Section 644 of the Local Government Act 1993 to prohibit the consumption of alcohol on a designated public road, footpath or carpark. Alcohol-Free Zones are enforced by the police, and any person observed to be drinking in an Alcohol-Free Zone may have the alcohol seized and tipped out or otherwise disposed of. An Alcohol-Free Zone can be established for a maximum period of four years. Once established, it applies 24 hours per day, seven days per week.

‘Alcohol Prohibited Areas’ can be established and are enforced under Section 632A of the Local Government Act 1993.

A Council may declare any public place (or any part of a public place) in the Council’s area to be an Alcohol Prohibited Area, apart from spaces which are a public road (or part of a public road) or car park.

Alcohol Prohibited Areas do not have a maximum timeframe, however for consistency, Council’s Community Safety team reviews Alcohol Prohibited Areas once every four-years in conjunction with Alcohol-Free Zones. Alcohol Prohibited Areas can be time-specific (i.e. to prohibit alcohol only during certain times of the day or days of the week) or can be 24 hours per day, seven days per week. The police enforcement controls for Alcohol Prohibited Areas are the same as those for Alcohol-Free Zones.

The key differences between Alcohol-Free Zones and Alcohol Prohibited Areas are summarised in Table 1 below.

Legislation	Alcohol-Free Zone	Alcohol Prohibited Area
Legislation	Section 644 Local Government Act 1993	Section 632A Local Government Act 1993
Eligible Locations	Public roads, car parks and footpaths	Other public places, including parks, reserves and open spaces
Duration	4 Years	Unlimited
Enforcement Period	Signs must operate 24 hours, 7 days per week	As specified on sign. Can be time-restricted or 24/7
Penalties	Alcohol tipped-out and/or confiscated by police	Alcohol tipped-out and/or confiscated by police

Table 1:

Reasons for establishing an Alcohol-Free Zone or Alcohol Prohibited Area

Alcohol-Free Zones and Alcohol Prohibited Areas are established to prohibit alcohol consumption in public places. A proposal to establish a new AFZ or APA must be supported by evidence of alcohol-related antisocial behaviour. This may include police statistics or ongoing community reporting.

For example, there could be instances of malicious damage to property, frequent littering of alcohol bottles/cans, or offensive or intimidating behaviour impacting on people’s use of the space or perceptions of safety.

Alcohol-Free Zones and Alcohol Prohibited Areas are an enforcement tool and not a ‘stand alone’ community safety strategy, nor are they a one-size-fits-all approach. They are implemented and monitored in conjunction with other efforts where alcohol consumption in a public space becomes a community concern. This may include:

· Local safety audits of a public space to implement environmental changes to improve amenity, such as improved community facilities, lighting or activation programs to support more positive community uses;

· Working with local community groups and stakeholders to help respond to disadvantage or to support vulnerable residents (such as the Village Café);

· Supporting local efforts and campaigns aimed at reducing alcohol consumption and the associated impacts on community health.

Review and Consultation Process

In accordance with Section 644 of the Local Government Act 1993, Council must follow the same procedures when wishing to re-establish Alcohol-Free Zones for another four-year period as it does when establishing them for the first time. Although legislation does not require it, for consistency, Council also applies the same process for the re-establishment of Alcohol Prohibited Areas. This procedure includes:

1. Consultation with local police regarding suitability of the locations proposed by Council and advice on other suitable locations.

2. The advertisement of a public notice in local newspapers with a 30-day period to allow an opportunity for public comment.

3. Advising liquor licensees and secretaries of registered clubs adjacent to the proposed Alcohol-Free Zones/Alcohol Prohibited Areas of the intention.

4. Advising the Anti-Discrimination Board of Council’s intention to establish the zones/areas.

5. Advising any known community organisation representing or able to speak on behalf of an identifiable Aboriginal or culturally and linguistically diverse group within the local area and inviting representations or objections within 30 days from the date of sending the copy of the proposal.

Current Situation

The above consultation and review process is now complete. This included:

· Direct consultation with Nepean Police Area Command regarding the proposal and suitability of the existing locations. Police indicated that the current locations are adequate and assist local police officers in responding to reports from the community regarding alcohol-related antisocial behaviour in public spaces. Police have therefore given support for the re-establishment of the current Alcohol-Free Zones and Alcohol Prohibited Areas to continue to assist them with ongoing enforcement efforts. No new locations were recommended.

· Advertising the proposal in the local newspaper and via Council’s Your Say website inviting comments on the proposal from 14 February 2025 to 16 March 2025. No responses or objections were received from the community.

· Written notifications sent to local licenced clubs and venues adjacent to each of the proposed locations. No responses or objections were received.

· Advising the Anti-Discrimination Board. A response was received from the Board on 14 February 2025 with no objection to the proposal.

· Notifications sent to community organisations including: NSW Department of Communities & Justice; Nepean Community & Neighbourhood Services; Sydney Regional Aboriginal Corporation; Greater Western Aboriginal Health Service; Nepean Multicultural Access; Nepean Blue Mountains Local Health District; Community Junction; Uniting Circle Multicultural Centre. No responses or objections were received.

An internal review process was also undertaken with our Community Facilities and Recreation team. No new locations were recommended.

Information was also provided at the Multicultural Working Party (26 February 2025); Access Committee (5 March 2025) and Community Safety Precinct Committee (7 March 2025) meetings.

Next Steps

Given the support from local police who enforce the signage, and absence of objections from the local community and stakeholders, it is recommended that the current Alcohol-Free Zones and Alcohol Prohibited Areas be re-established by Council.

Pending Council endorsement via a resolution, a second public notice will be advertised in local media and relevant organisations will be notified of the Alcohol-Free Zones and Alcohol Prohibited Areas that have been re-established for the four-year period. Signage will also be updated at each location to clearly indicate the enforceable locations.

Financial Implications

Costs associated with the re-establishment of Alcohol-Free Zones and Alcohol Prohibited Areas are the advertising of a public notice, auditing and update or replacement of existing signage. These costs will be accommodated within the existing Community Safety Program budget.

Risk Implications

The risk implications associated with the re-establishment of Alcohol-Free Zones and Alcohol Prohibited Areas are minimal.

Conclusion

Alcohol-Free Zones and Alcohol Prohibited Areas are an important enforcement tool that assist Council and Nepean Police Area Command to respond to alcohol-related antisocial behaviour at identified locations. They operate alongside other Council strategies to provide safer public spaces for the community to enjoy and support community wellbeing.

A review and consultation process has now been completed for the proposal to re-establish Alcohol-Free Zones and Alcohol Prohibited Areas for an additional four-year period from 1 July 2025 to 30 June 2029. This was conducted in accordance with legislative requirements under the Local Government Act 1993. No objections were received from the community or local stakeholders and the proposal received support from local Police.

It is recommended that the current locations be re-established to operate alongside other community safety strategies to support safety and amenity in our public places across the City.

RECOMMENDATION

That:

1. The information contained in the report on Re-establishment of Alcohol-Free Zones and Alcohol Prohibited Areas 2025-2029 be received.

2. Council endorses the re-establishment of Alcohol-Free Zones and Alcohol Prohibited Areas at the designated locations in appendix 1 - AFZ & APA Locations 2025-2029 effective for the four-year period from 1 July 2025 to 30 June 2029.

3. Alcohol-Free signage be updated at relevant locations as required.

ATTACHMENTS/APPENDICES

1. ⇩

Alcohol-Free Zones and Alcohol Prohibited Areas Locations 2025 - 2029

3 Pages

Appendix

Ordinary Meeting 28 April 2025

Works on Private Lane to deliver placemaking improvements in St Marys Town Centre

Compiled by: Rebekah Elliott, St Marys Place Manager

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

Kylie Powell, Director Futures and Strategy

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

Executive Summary

The purpose of this report is to propose that Council undertake works on privately owned laneways in the St Marys Town Centre to install a pedestrian lighting improvement treatment and to renew an existing public artwork.

The lighting improvement works will involve the installation of lighting elements to further facilitate activation, improve safety and the amenity of these public spaces at nighttime. As a pedestrian focused area, the lighting will also assist in wayfinding, supporting connections between Queen Street and nearby carparks on West Lane.

The public art renewal will update the mural in East Lane. A professional artist will undertake community engagement, prepare a concept design and install the work. This will be done in consultation with Council's project team as well as the St Marys Town Centre Corporation, property and business owners.

These improvements were identified in the St Marys Town Centre Place Plan and proposed as priority elements of Council’s application to the NSW Government Community Improvement Districts (CID) Pilot Program initiatives to support the transformation of the St Marys Town Centre.

Under the Local Government Act 1993 – Section 67 a resolution of council is required to undertake works on private land. This report recommends that Council undertake works on the specified privately owned property for the betterment of the public realm.

Background

At the Ordinary Council meeting on 26 February 2024, Council supported an application to the CID Pilot Program. We were successful in receiving $400,000 in grant funding for the delivery of initiatives to support the transformation of the St Marys Town Centre. A briefing will be provided to Councillors in the coming months to provide an update on the rollout of the CID Pilot Program in St Marys.

The application was underpinned by extensive engagement in developing the St Marys Town Centre Place Plan, resulting in an evidence-based project proposal. The Pilot Project is building on Council’s ongoing efforts with the St Marys Town Centre Corporation in supporting residents, businesses, property owners and community organisations to manage change while the St Marys Town Centre undergoes transformation into a thriving urban hub.

The St Marys Town Centre Place Plan promotes a community led approach to goal setting, renewal and programming. It offers a collection of activations and interventions in the Town Centre to encourage an iterative and adaptive program of change. The place plan supports Council to activate the ideas of the local community with a high level of flexibility and responsiveness. The intent of the Place Plan is to inspire and lay a way forward that comprehensively addresses aspects of the place. The Place Plan sits alongside Council’s suit of strategic documents underpinned by the needs and aspirations of the local community and stakeholders in St Marys Town Centre.

In partnership with the St Marys Town Centre Corporation, the project is delivering place marketing, creative wayfinding, lighting improvements, capacity building for local businesses and activations to support a more engaging and authentic urban experience.

Objectives of the CID Pilot Project include:

· Positioning St Marys Town Centre as a vibrant, diverse economy day and night.

· Celebrating local creative industries through placemaking for a safe, inclusive environment.

· Collaboration with local stakeholders aims to drive transformative processes, creating spaces that foster a healthier, safer, and more resilient community.

· Enhanced sense of place.

· Establishing St Marys as an authentic destination that actively promotes creative and cultural expression.

Lighting Improvements

Pedestrian lighting improvements in the public domain were identified in the St Marys Place Plan as an important feature for the St Marys Town Centre. The installation of lighting elements at 91 Queen Street will support the following priorities from the St Marys Place Plan:

· Improved amenity

· Wayfinding

· Connections to parking

· Safety

· Activation

This walkway provides an important link to Queen Street and supports afterhours access to the Car Park in West Lane. The pedestrian laneways are distinct from the streetscape with a focus on the movement of people rather than vehicles. The site was identified for lighting enhancements due to its value in connecting people with Queen Street businesses. The lighting will help to enhance safety and amenity of the proposed site and its surrounds.

91 Queen Street, St Marys

This laneway is a small access point from the northern end of Queen Street to West Lane. Over the years Council and the St Marys Town Centre Corporation have received numerous complaints around safety and vandalism. The proposed treatment for this location is 2 x solar powered flood lights. The lights would dim down to about 10-20% when dark and then 100% when movement is sensed. The property owners have agreed and supported the proposal.

A narrow alleyway with signs

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91 Queen Street Laneway - Access to West LanePublic Artwork Renewal

The opportunity to renew the existing public artwork in East Lane, St Marys, has arisen as the current mural has become worn and in need of revitalisation. Public art plays a crucial role in enhancing the urban environment, fostering community pride, and creating a visually engaging streetscape.

The renewal of this public artwork will contribute to:

· Revitalising the Public Realm – The refreshed mural will enhance the streetscape, creating a more vibrant and welcoming environment for residents, visitors, and businesses.

· Celebrating Local Identity – Bird Life reflects the rich natural heritage of the area, fostering a deeper connection between the community and their surroundings.

· Encouraging Community Engagement – The involvement of local artists and community members in the creation and renewal of the artwork strengthens a sense of ownership and civic pride.

· Supporting Economic and Social Activity – Well-maintained public art attracts foot traffic, supporting local businesses and contributing to a lively and active town centre.

This renewal aligns with Council’s broader vision for placemaking and public art, reinforcing St Marys as a culturally vibrant and visually appealing destination. This renewal also complements the shade sail project being delivered by St Marys Town Centre Corporation in the laneway.

East Lane, 100 Queen Street, St Marys

The proposed mural was initially considered for installation at Queen Street or West Lane, St Marys through Council’s Magnetic Places Grant Program. However, through a valuable partnership with the St Marys Heritage Society, an opportunity emerged to decommission the identified section of the current artwork and install a new mural.

The Magnetic Places Grant is only able to fund the renewal of half of the existing mural as pictured in Figure 2. The CID Pilot Program provided the opportunity to fund the other half of the mural. The additional funding through the CID project provides the opportunity to have greater visual impact in the laneway and amplifies Council’s initial investment through the Magnetic Places Grant Program that was endorsed on 11 November 2024. The selected site at 100 Queen Street is a high-foot-traffic area, making it an ideal location to maximise the mural’s visibility and impact.

The mural project will include removing current artwork and installation of a new mural. Property owners have been informed that Council will meet costs of the project including consultation, design, and delivery. The property owners have agreed and supported the proposal.

Next Steps

Consent from property owners will be signed off and further engagement with the stakeholders including a site meeting for both projects will be undertaken.

Following Council endorsement of Works on Private Land, the lights and the first half of the new artwork will be installed by end of May 2025. The remaining half of the artwork is due to be installed by end of August 2025. The staged delivery of the artwork allows the Community Improvement District funding milestones to be met.

Financial Implications

The lighting improvement installation is fully funded by the NSW Government Community Improvement District Pilot Program. The cost associated with ongoing maintenance and new lighting will not be covered by Council and this has been agreed to by the property owner.

The artwork renewal in East Lane, St Marys is being part funded by the NSW Government Community Improvement District Pilot Program and through the Magnetic Places Grants Program 2024-25. Council will take responsibility for the installation and any future decommissioning.

Risk Implications

Undertaking works on privately owned land presents legal, financial, and operational risks. To mitigate legal risks, Council is seeking a resolution under Section 67 of the Local Government Act 1993, ensuring compliance and securing agreements with property owners. While Council will oversee installation, ongoing maintenance outside of the warranty period of the lighting will remain the responsibility of the property owner, reducing financial liability. Council will take responsibility for the installation and any future decommissioning of the public artwork.

Stakeholder engagement has been undertaken to align expectations and address any concerns, ensuring a collaborative approach in the St Marys Town Centre. Additionally risk assessments and contractor safety protocols, will be implemented by contractors to minimise disruptions and ensure public safety during installation. With these measures in place, risks are considered low and manageable.

Conclusion

The installation of pedestrian lighting improvements and a new artwork in the St Marys Town Centre aligns with Council’s strategic vision to enhance safety, connectivity, and activation of key pedestrian links. By addressing identified community priorities, the project will improve wayfinding, encourage night-time economy activity, and create a safer, more welcoming environment for residents, businesses, and visitors. The ongoing engagement with property owners and stakeholders supports a collaborative approach, with installations for lighting scheduled for completion by end of May 2025 and the artwork by end of August 2025.

To progress these actions, Council’s endorsement of works on private land is sought.

RECOMMENDATION

That:

1. The information contained in the report on Works on Private Lane to deliver placemaking improvements in St Marys Town Centre be received

2. Council approves the scoping and delivery of public works on private land at no cost to the property owners of 91 Queen Street St Marys and 100 Queen Street St Marys as described in this report

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 28 April 2025

Request For Major Event Sponsorship - Rowing New South Wales Incorporated

Compiled by: Shelley Lee, Activation and Event Development Officer

Nikki Akbar, Events Lead

Beau Reid, Place and Activations Program Manager

Erin Gray, Event Project Officer

Authorised by: Marcella Kelshaw, Head of City Activation, Community and Place

Sandy Davies, Director Community Connection

Outcome	We are welcoming, healthy, happy, creative and connected
Strategy	Support and provide opportunities to participate in activities and events that celebrate our diversity, culture and creativity
Principal Activity	Conduct and support events that include all members of our community

Executive Summary

The purpose of this report is to present to Council a major event sponsorship proposal received from Rowing New South Wales (Rowing NSW or RNSW), the state peak body for rowing.

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

Rowing NSW governs the sport of rowing in NSW. It decides on the rules for racing in NSW, determines boat classes for racing events, sets an annual calendar of regattas, and promotes rowing as a sport in NSW. Through the club and school system the sport caters for rowers of all ages, from elite to novice levels including athletes with a disability.

Rowing NSW has submitted two events for consideration for sponsorship from Council for its premier events planned to be held in Penrith at the Sydney International Regatta Centre (SIRC) in 2025:

1. The 2025 Australian Masters Rowing Championships, 29 May - 1 June 2025 and

2. The NSW All Schools Championships, 15 – 16 November 2025.

Rowing NSW has sought sponsorship of $10,000 (plus GST) for the 2025 Australian Masters Championships and $10,000 (plus GST) for the 2025 NSW All Schools Championships (a total investment of $20,000). Council officers have estimated the two events combined could deliver approximately $1,879,044 in local economic benefit.

This report recommends that Council provides sponsorship of $2,500 (plus GST) for the 2025 Australian Masters Rowing Championships from 29 May - 1 June 2025 and $2,500 (plus GST) for the 2025 NSW All Schools Championships from 15 - 16 November 2025 to be held at SIRC Penrith.

Background

Penrith City Council was approached by Rowing NSW in December 2024 to consider the two events for sponsorship: the 2025 Australian Masters Rowing Championships, to be held from 29 May - 1 June 2025 at the SIRC and the 2025 NSW All Schools Championships to be held from 15 – 16 November 2025 at the SIRC.

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

Council endorsed the Think Penrith, Think Events – Penrith Events Strategy 2020-2024 in June 2020. The Events Strategy provides for up to $200,000 annually to support the attraction and retention of major events in the Penrith Local Government Area. There is currently $36,050 available in the 2024-25 sponsorships budget.

Current Situation

The two proposals received from Rowing NSW seek a total of $20,000 (plus GST) in sponsorship. This includes $10,000 (plus GST) for the 2025 Australian Masters Rowing Championships (29 May - 1 June 2025) and $10,000 (plus GST) for the NSW All Schools Championships (15 – 16 November 2025).

The funds are requested to assist with;

1. Venue and infrastructure costs: venue hire and infrastructure overlay.

2. Event promotion and marketing: Utilising social media campaigns, local partnerships, and event branding to engage a broader audience and drive attendance.

3. Operational support and event services: Covering essential operational costs such as live streaming, local labour hire, race-day logistics, volunteer support, safety services and professional services to ensure a seamless and well-organised experience for all attendees.

Further details on both events are provided below:

2025 Australian Masters Rowing Championships

The Australian Masters Rowing Championships (AMRC) is one of Rowing Australia’s largest national rowing events. Having hosted in 2023, Penrith is set to repeat the venture in 2025.

The AMRC will attract master level rowers and their family/friends from all states to compete in a four-day competition at the SIRC from 29 May – 1 June 2025. The event attracts over 950 athletes annually that participate in a number of rowing events including the Masters Interstate races, which are the most anticipated races within the Masters rowing community.

Each year, the AMRC is billeted to a different State Sporting Organisation as a partnership with Rowing Australia. Rowing NSW will host the Championship regatta in 2025 where Rowing Australia will oversee the execution of all operations.

Over the course of the 4 days, the wider rowing community will have access to SIRC to compete, spectate and socialise at the AMRC Event Function to be held after the Masters Interstate races.

The event is estimated to attract 1,050 athletes aged 27-85 (475 interstate, 425 NSW metro, 125 NSW regional), and 500 spectators (250 interstate, 200 NSW metro, 50 regional).

It is anticipated that 852 athletes and spectators (55% of attendees) will stay within the Penrith LGA for approximately 5 nights during the event.

2025 NSW All Schools Championships

The NSW All Schools Championships was launched in November 2024, an inclusive event for all NSW schools, which previously only hosted non-government school participants.

The NSW All Schools Championships is a prestigious event that highlights Rowing NSW’s commitment to youth and educational sports. The event will be held at SIRC Penrith, from 15-16 November 2025 and attracts around 1,400 student athletes aged 12-18, who compete for the State Title in their racing category, as well as over 2,800 spectators and support staff.

The event is estimated to attract 1,400 athletes (700 interstate, 113 NSW regional and 587 NSW metro) and 2,800 spectators.

It is anticipated that 420 of the athletes and spectators will stay within the Penrith Local Government Area (LGA) for approximately 2 nights during the event.

Sponsorship Benefits

The sponsorship opportunities presented by Rowing NSW for the 2025 events would provide Council and the community of Penrith City with several benefits including:

1. Inclusion of the Council’s logo as an event partner on the event website, bulletins, and venue signage at the regatta course.

2. Dissemination of Council marketing materials (ads and collateral) through the event website, emails, social media, and newsletters.

3. Two A4-sized advertising spots in each event program.

4. Opportunity to give out Visitor Guides (in-person or can be facilitated).

5. Information stands in vendor village.

Previous sponsorship to Rowing NSW

Council has previously provided sponsorship to Rowing NSW on 8 occasions, to a total of $51,545 (plus GST), as follows:

Year	Sponsorship Amount (excl. GST)
2014	$5,000
2015	$5,000
2016	$4,545
2017	$10,000
2018	$5,000
2019	$6,000
2020	$6,000
2023	$10,000
TOTAL	$51,545 (excl. GST)

Previous sponsorship has enabled Rowing NSW to support Rowing Australia to host a VIP Function for the Kings and Queens Interstate Regatta for each of these years.

This is the second time that Rowing NSW have made a request for sponsorship from Council for 2 events within one financial year.

Assessment of sponsorship proposals
Both event proposals have been assessed against Council’s Events Sponsorship Policy criteria for Major Event Sponsorship. Both events are eligible for funding from Council.

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

Based on the projected event visitation provided by the event organiser, Council officers have estimated the economic benefit of both the scheduled events, to the local economy is approximately $1,879,044.

This estimate is calculated by using projected attendance information provided by the applicant and loading it in the “Economic Value of Tourism & Events" schedule which is published by Destination NSW and has set rates based on the type of event. The Destination NSW method is the industry standard. This was recently outlined in a memorandum to Councillors dated 28 March 2025.

Sponsorship of $2,500 (plus GST) for both events (combined investment of $5,000 plus GST) is considered appropriate to go towards the event operating and marketing campaign costs and infrastructure. This level of funding reflects the nature of the proposed sponsorship benefits to Council, and the estimated economic benefits from both events. This level of funding is also consistent with Council’s approach to levels of sponsorship for events with comparable benefit returns, as estimated using the Destination NSW “Economic value of Tourism & Events” calculator. Additionally, the proposed events are long standing events which do not present opportunities for new event acquisitions or growth in attendance.

Financial Implications

The Penrith Events Partnership Program provides up to $200,000 annually to fund major and community events in the Penrith Local Government Area. This funding is available within the existing City Activation, Community and Place budget included in Council’s 2024-25 Operational Plan.

To date for this financial year, Council has endorsed a total of $149,250 (excl. GST) worth of major and community event sponsorships of which $50,000 will be paid in 2025-26 financial year. In addition, $64,700 of sponsorships were adopted by Council in the 2023-24 financial year which will be paid in 2024-25 financial year after the events have occurred and conditions of the Sponsorship funding have been met. As a result, there is currently $36,050 remaining in the 2024-25 Event Sponsorship Program budget.

Two Major Event Sponsorship requests totalling $5,000 (excl. GST) are tabled for consideration by Council in tonight's meeting. These sponsorships will be paid on satisfactory completion of the event and conditions of the Sponsorship Agreement, $2,500 is to be paid in the 2024-25 financial year and $2,500 is to be paid in the 2025-26 financial year.

Should this proposal progress as recommended, the resulting funds available in the sponsorship budget for would be $33,550 for 2024-25 and $147,500 for 2025-26.

Risk Implications

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

Conclusion

A request for major event sponsorship has been received from Rowing NSW for the 2025 Australian Masters Rowing Championships and the 2025 NSW All Schools Championships. The request seeks a total of $20,000 to deliver both events.

Council officers have assessed the sponsorship proposal against the Events Sponsorship Policy.

It is estimated that the return to the community of Penrith City from both events could be in the order of $1,879,044 in economic benefits. A total sponsorship of package of $5,000 (plus GST), made up of $2,500 (plus GST) for each event, is considered reflective of the estimated benefits and reach of both events.

Should Council resolve to endorse either or both sponsorship proposals, Council will enter into a sponsorship agreement with Rowing NSW detailing the expected sponsorship benefits to be delivered to Council in exchange for its investment.

RECOMMENDATION

That:

1. The information contained in the report on Request for Major Event Sponsorship - Rowing New South Wales Incorporated be received.

2. Council endorse sponsorship funding of $2,500 (plus GST) to Rowing New South Wales Incorporated in support of the 2025 Australian Masters Rowing Championships.

3. Council endorse sponsorship funding of $2,500 (plus GST) to Rowing New South Wales Incorporated in support of the 2025 NSW All Schools Championships.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 28 April 2025

Draft Penrith & St Marys 24-hour Economy Strategy 2025-2029 - Endorsement for Public Exhibition

Compiled by: Tim Lihou, City Economy Program Manager

Kevin Brennan, Head of Economy and Marketing

Authorised by: Marcella Kelshaw, Head of City Activation, Community and Place

Kylie Powell, Director Futures and Strategy

Sandy Davies, Director Community Connection

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

Previous Items: 2- Draft Penrith and St Marys 24-hour Economy Strategy 2024-2029- Councillor Briefing- 03 Feb 2025 7:00 PM

Executive Summary

This report seeks Council’s endorsement for the public exhibition of the draft Penrith and St Marys 24 Hour Economy Strategy (24HES). The Strategy, in draft, can be viewed at Attachment 1.

The draft 24HES builds on the successes of Council’s award-winning Penrith Night Time Economy Strategy (2015) and seeks to align Council’s existing suite of strategies within the ‘Thrive Penrith’ framework with a focus on placemaking, economic development, visitor economy, culture, and community safety.

In preparing the Strategy, Council officers have undertaken community, business and stakeholder consultation through direct engagement, workshops and surveys, analysed trends and macro-economic data and researched best practice approaches both locally and internationally. At the briefing on 3 February 2025 Councillors received a presentation on the draft 24HES and provided feedback on several issues. The draft strategy was amended accordingly.

The draft 24HES presents a clear vision and direction for the development of the 24-hour economy in Penrith and St Marys over the next 5 years, identifying the key drivers, aspirations and opportunities of both centres and adopting a place-based approach to respond to the unique characteristics of each centre.

The draft 24HES identifies 6 strategic priorities to achieve future growth and resilience in the City’s 24-hour economy. These are:

· Facilitating vibrant precincts

· Coordinated Planning for future 24-hour precincts

· Fostering strong collaboration with business

· Enhancing Penrith and St Marys reputation as night-time destinations

· Developing Penrith’s Neon Grid, and

· A leading 24-hour economy

The Strategy identifies 26 actions and advocacy positions that together position Penrith and St Marys as vibrant late-night destinations for residents and visitors alike.

It is recommended that Council endorse the draft 24HES to go on exhibition, where community engagement will be undertaken between 5 May and 13 June, exceeding the minimum four week period. During the exhibition period Council will consult with the Penrith CBD Corporation, St Marys Town Centre Corporation and the Penrith Valley Chamber of Commerce, and host a forum for local hospitality business to provide feedback on the draft strategy.

The draft 24HES will be presented to Council’s Multicultural Working Party on 28 May and Access Committee on 4 June.

Following the exhibition period, feedback on the draft 24HES will be considered and relevant documents updated, if necessary, before reporting back to Council to consider adoption of the strategy.

Background

Penrith City Council was one of the first NSW Councils to adopt a Night Time Economy Strategy. The 2015 NTE Strategy consisted of 9 key objectives to foster the growth and diversification of the existing night time economy in the Penrith City Centre, including stakeholder collaboration, improvements to the public domain, lighting, safety and amenity, wayfinding, strategic marketing and promotion, as well as targeted events and activations.

Since that time, there have been significant changes in the streetscape and business mix of the Penrith City Centre, and in the last two years the economic impact from the COVID-19 pandemic and macro-economic forces has seen a significant evolution in the nature of night time activity in centres.

There has also been increasing focus on the strategic direction of the St Marys Town Centre, through the St Marys Town Centre Master Planning process, the development of a St Marys Place Plan, as well as the opportunities that arise from the development of the Sydney Metro – Western Sydney Airport.

Additionally, the 24-hour economy has seen significant focus and investment at the State level through the establishment of a dedicated office for the 24-hour Economy within the NSW Department of Creative Industries, Tourism, Hospitality and Sport (DCITHS) to oversee the strategic direction and delivery of programs and initiatives that drive investment in the 24-hour economy across New South Wales.

The NSW Government's 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act aims to streamline regulations around noise, planning, and liquor licensing, allowing venues to reach their full potential.

Vibrancy Reforms also led to the remit of the 24-Hour Commissioner extending to all of NSW. In 2023 The Office of the 24-Hour Economy Commissioner developed the Local Government Night-Time Economy Toolkit for Councils as a resource to support councils to build their capacity to develop and manage their night-time economies.

In preparing the 24HES 2025, the following activities have been undertaken:

· A review of previous strategies and plans including, Council’s Economic Development Strategy, Visitor Economy Strategy, Cultural Strategy and Action Plan and St Marys Place Plan.

· Review and consideration of relevant NSW Government strategies, policies and programs, including the Sydney 24-hour Economy Strategy (2020).

Moving from ‘night time economy’ to ’24-hour economy’

The night time economy is typically understood to encompass activity that occurs between 6pm and 6am. Current best practice supports thinking about a precinct’s ’24-hour economy’, which considers the dynamics of a centre or precinct at all hours of the day and the specific interactions, alignments and challenges for a precinct as it transitions between the day and night.

A 24-hour economy approach will be applied differently in Penrith and St Marys, reflective of the different function each centre serves and their future transformation over the coming years.

It is not the intent of this strategy to suggest that all forms of activity be encouraged at all hours of the day, but that both precincts are examined through a 24-hour lens to help identify opportunities and challenges for their ongoing growth and management.

Penrith Hospitality Forum – 7 May 2024

Council hosted a hospitality industry forum (the forum) on 7 May 2024 at Mr Watkins in High Street, Penrith in response to media reporting on the closure of several hospitality venues within the City Centre over the previous 6 months, owing to several factors. More than 40 businesses from Penrith City Centre, St Marys Town Centre, the Eastbank Dining Precinct and Caddens attended, as well as representatives from the Chamber of Commerce, City Centre Corporations and Service NSW.

The forum raised several matters for consideration which has direct alignment to the strategic directions of the draft 24HES and feedback received during the Hospitality Forum was largely similar to previous engagement undertaken with stakeholders during the development of the draft 24HES. Through the Community Safety Plan, Council had committed to undertaking lighting audits in the Penrith CBD and St Marys Town Centre which Hospitality forum feedback further validated.

Some of these matters require support from our partners, the City Centre Corporations and Chamber of Commerce to deliver. Actions have been identified for delivery or partnership within the draft 24HES in response to the feedback received from businesses and stakeholders at the Hospitality Forum.

24 Hour Economy Trends

The NSW night-time economy is worth $102 billion a year, employs a fifth of all workers and supports more than 53,000 core businesses, including music venues, restaurants, bars and leisure activity providers. (NSW Government Data After Dark 2024)

Changes in consumer behaviour post the COVID-19 pandemic and higher operating costs have negatively impacted the viability of some cafes, restaurants and bars. The impact is however variable - some restaurant and bars are booming, others are closing.

The Lightspeed State of the Industry Report 2025 identified the following hospitality industry trends for Australia:

· In general, higher costs are impacting the hospitality industry, and venues are adjusting prices, menus and supplier relationships to compensate.

· Australians dined out 41 times a year on average in 2024, up from 38 in 2023.

· 40% of venues reported that customers are opting for lower priced menu options

· 34% of customers are expecting sustainable food sourcing

· Home delivery services and take-away continue to rise. In 2024, Australians ordered delivery 30 times per year, up from 28 times in 2023.Takeaway orders rose to 43 times per year up from 32 in 2023. The 34% increase in takeaway orders suggests that people are choosing more take-away options (than dine-in) and choosing self-pick up rather than delivery.

· Dine-in accounted for 31% of revenue with many venues diversifying their offer (special events, delivery) to attract and retain customers.

· In 2024 the average menu price increase was 22%.

· Almost half of venues credit tech with streamlining operations, and 41% report that it enables staff to focus on providing exceptional customer service.

· The top three challenges identified by hospitality businesses for 2025:

o Rising Food and supply costs

o Increased rent or property costs

o Staff shortages.

One of the main challenges for restaurants in partnering with Uber Eats, DoorDash and Menulog and other delivery services is the substantial commission fees charged on each order. These fees, ranging from 15% to 30% of the order subtotal, cut restaurants' profit margins and may deter smaller establishments from participating in these services, and also results in some customers choosing to collect their take-away orders to avoid delivery fees. However, and increase in home delivery and take-away helped some restaurants to survive (and thrive). The market size of the online food ordering and delivery industry in Australia has grown 20.6% per year on average between 2017 and 2022 so this presents opportunities for Penrith restaurants to diversify and capture new customers, however, this trend needs to be considered in terms of either (or both) decreasing footfall and increasing profitability.

The NSW Government Data After Dark platform provides a comprehensive overview of the night-time economy in NSW, drawing from transport and spend data. The September 2024 report showed strong growth in suburban hubs over the previous two years with core night-time businesses growth in St Marys (21%) and Penrith (15.1%), placing St Marys third and Penrith fourth place on the list.

Employment in the Night time economy

In 2023, 4,195 people were employed in Core 24-Hour jobs. This number refers to employees, some of which will be full time equivalent (FTE), however, it is important to note that many people working in the hospitality industry work part-time. In building additional methods to measure the impact of this strategy, and the health of our centres, the methodology for counting the number of people working in the 24-Hour economy will be reviewed.

Measuring the health of our centres including footfall

The delivery of actions and key economic indicators are included in the 24HES to measure the impact of this strategy. These include Gross Regional Product (GRP), the number of businesses involved in the night time economy, and the number of jobs and pedestrian movements in the Penrith and St Marys centres. While Council has previously collected footfall data during business hours to assess the impact of High Street Upgrades and Activations for Triangle Park, there is no ‘baseline’ counts for the number of people visiting our centres after 6pm.

It is proposed that this is investigated as part of a broader approach to measuring the health of our centres.

Council will investigate options for a holistic methodology to gauge how well our centres are performing with indicators that may include (among others) footfall, dwell time, amenity, perceptions of safety, effectiveness of lighting, vacancy rates, business sentiment, transport, parking and spend data.

A mid-strategy review of progress on these measures and on achieving outcomes of the 24HES will be reported to Council in 2027.

Public Exhibition

It is proposed that the draft 24HES is placed on public exhibition Monday 5 May – Friday 13 June 2025. During this time the draft strategy will be promoted through Council’s digital channels and a communications plan deployed to ensure that residents, business owners and key stakeholders are informed and can provide feedback.

Presentations will be provided to the Penrith Valley Chamber of Commerce, Penrith CBD Corporation and St Marys Town Centre Corporation. Council will host a business forum for local hospitality business to provide feedback on the draft strategy. The draft 24HES will be presented to Council’s Multicultural Working Party on 28 May and Access Committee on 4 June, and Council will deliver a pop-up 24HES engagement activity in early June, during the Winter Solstice event in Penrith City Park.

Following the exhibition period, feedback on the draft 24HES will be considered and relevant documents updated, if necessary, before reporting back to Council for final approval of the strategy.

Financial Implications

Effort has been taken to ensure that the actions identified in the draft 24HES have been prepared within budgeted resources and commitments over the coming five years. External grant opportunities and operational budget savings will be explored to source funding for projects that cannot be delivered within existing resources.

Projects that are currently unfunded are noted within the 24HES through the use of blue shading.

Conclusion

The draft 24HES builds on the successes of Council’s award-winning Penrith Night Time Economy Strategy (2015). It provides a framework for Council, local businesses and the NSW State Government to strengthen and diversity Penrith’s night time economy.

Council plays a crucial role in identifying opportunities and addressing challenges to further develop our city’s 24-hour economy. This strategy builds on Council’s strong leadership and effective collaboration to sustain and grow this key sector of the Penrith economy.

Following the exhibition period, feedback on the draft 24HES will be considered and relevant documents updated, if necessary, before reporting back to Council to consider approval of the draft Penrith and St Marys 24 Hour Economy Strategy.

RECOMMENDATION

That:

1. The information contained in the report on Draft Penrith & St Marys 24-hour Economy Strategy 2025-2029 - Endorsement for Public Exhibition be received.

2. Council endorse the draft Penrith and St Marys 24-hour Economy Strategy to be publicly exhibited for 6 weeks from Monday 5 May to Friday 13 May 2025.

3. The General Manager be delegated authority to make minor changes to the draft Penrith and St Marys 24-hour Economy Strategy document to correct any typographical errors and minor updates before the exhibition commences.

ATTACHMENTS/APPENDICES

1. ⇩

Draft Penrith and St Marys 24-Hour Economy Strategy 2025-2029

25 Pages

Attachments Included

Ordinary Meeting 28 April 2025

Finalisation and adoption of draft St Marys Town Centre Development Contributions Plan 2025

Compiled by: Fiona McDermott, City Strategy Lead

Kate Smith, Executive Planner - City Strategy

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: 3- Draft St Marys Town Centre Local Infrastructure Contributions Plan for public exhibition- Ordinary Meeting- 03 Mar 2025 7:00 PM

1- Draft St Marys Town Centre Development Contributions Plan and Development Control Plan Amendments - Outcomes of Public Exhibition- Councillor Briefing- 14 Apr 2025 At the conclusion of the Policy Review Committee Meeting

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

Executive Summary

This report seeks Council’s adoption of the St Marys Town Centre (Section 7.12) Development Contributions Plan 2025 (Attachment 1), as a key component of the implementation package for the St Marys Town Centre Master Plan, which was endorsed by Council on 3 March 2025.

The St Marys Town Centre Master Plan aims to facilitate 9,307 new dwellings and 8,360 jobs over the next 20+ years, requiring significant investment in infrastructure to support St Marys’ role as a strategic centre. A key component of the Master Plan’s implementation is the Contributions Plan, which provides a framework for funding and delivering the critical infrastructure needed to support this transformation. This ensures that the vision for St Marys remains achievable, financially sustainable, and supported by essential infrastructure, reinforcing its role as a vibrant and well-serviced strategic centre.

Should Council adopt the Contributions Plan, the adopted plan and Background Report will be forwarded to the Minister for Planning and Public Spaces with our formal request to amend the Environmental Planning and Assessment (EP&A) Regulation to enable the higher fixed-rate levy of 4.24%. If approved, the necessary regulatory amendments will subsequently be made by the Department of Planning, Housing and Infrastructure (DPHI). However, there is a risk that the Minister may not approve the rate adopted by Council, meaning the Plan could come into effect with a potentially lower rate. Should this be the case, the Contributions Plan may not generate enough revenue to fully fund the cost of essential infrastructure needed to support the growth and development of the Town Centre. This may result in funding gaps that could delay the timely delivery of local infrastructure and undermine the successful implementation of the Master Plan. Consequently, Council may need to consider alternative strategies to address any shortfall in funding.

The draft Contributions Plan and Background Report (Attachment 2) were publicly exhibited from 6 March to 2 April 2025, alongside a draft amendment to Penrith Development Control Plan 2014. This report presents the outcomes of engagement in relation to the draft Contributions Plan, and proposed changes in response to feedback received. A summary of submissions received and responses to these submissions is at Attachment 3. A separate report on the DCP is also included this business paper.

The engagement activities had a broad reach, generating over 3,504 ‘Have Your Say’ webpage views and 19,680 impressions across various social media platforms. A total of four written submissions on the draft Contributions Plan were received from industry groups and state agencies While the submissions indicated broad support for the planning objectives and the vision to transform St Marys into a vibrant, strategic centre, they also raised several matters for consideration. These included concerns and requests for clarification regarding development feasibility and housing affordability, land acquisition and valuations, the scope of infrastructure works, and the timing of contributions payments. In response, a number of minor amendments are proposed to the final Plan to enhance technical clarity and ensure consistency with legislative requirements. Importantly, these changes do not affect the infrastructure works schedules or the proposed fixed-rate levy of 4.24%, which remains essential to funding the infrastructure required to support future growth in the Town Centre.

Council’s timely adoption of the Contributions Plan is critical to ensure the statutory framework for funding local infrastructure is in place before new development proceeds under the Master Plan’s proposed planning controls – endorsed by Council on 3 March 2025 and anticipated for gazettal by the DPHI around mid-year. Misalignment between the gazettal of the new planning controls and Contributions Plan (both NSW Government-led processes) could prevent Council from collecting contributions from new developments in the town centre from the outset, leading to potential funding gaps for necessary infrastructure. Council officers are actively working with DPHI to align these legislative processes.

Background

St Marys Town Centre Master Plan Implementation

At the Ordinary Meeting on 3 March 2025, Council endorsed the final St Marys Town Centre Master Plan and accompanying Explanation of Intended Effects (EIE) outlining proposed changes to Council’s LEP planning controls. This comprehensive plan outlines a long-term vision to guide growth and development of the St Marys Town Centre over the next 20 years.

At the same meeting, Council resolved to publicly exhibit the draft Contributions Plan to support the implementation of the Master Plan. The Contributions Plan is a key component of the Master Plan’s implementation strategy in providing the statutory framework for funding and delivery of local infrastructure, ensuring St Marys remains attractive for investment and growth. A background report was also exhibited providing justification for the draft Contributions Plan (Attachment 2).

St Marys Town Centre Development Contributions Plan 2025

Council is responsible for planning and securing funding for infrastructure to support growth. The new planning framework for St Marys aims to deliver 9,307 new dwellings and 8,360 jobs over the next 20 years. This requires significant investment in infrastructure, estimated at over $235 million, including the acquisition of State Government-owned land for open space and key transport connections.

To fund this infrastructure, a fixed-rate levy of 4.24% is needed. This rate was determined through comprehensive financial modelling, development feasibility assessments, and consideration of St Marys’ unique circumstances, such as extensive government land holdings. This rate reflects realistic development cost assumptions, including a conservative estimate of the funding gap which will arise as a result of the projected 30% affordable housing delivered by the NSW Government (this development is exempt from paying local contributions) on land owned by Homes NSW.

The Contributions Plan will replace and repeal the existing St Marys Town Centre (Section 7.11) Development Contributions Plan. This plan has collected $151,252 which will be reallocated to the new plan. Additionally, the four existing city-wide development contributions plans that currently apply to St Marys will no longer apply. Existing Contributions Plans will be amended where items have been captured or superseded by works contained within the new Contributions Plans, ensuring a consolidated and streamlined approach to funding infrastructure. These plans include:

· Cultural Facilities Development Contributions Plan (2003)

· Penrith City District Open Space Facilities Development Contributions Plan (2007)

· Penrith City Local Open Space Development Contributions Plan (2007)

· Penrith City Section 7.12 Citywide Development Contributions Plan for Non-Residential Development (2021)

Under the EP&A Regulation, the maximum allowable levy applied without Ministerial approval is capped at 1%. However, Council intends to apply to the Minister for Planning and Public Spaces for approval of a higher rate levy of 4.24%. The Section 7.12 Contributions Plan Background Report (Attachment 2) demonstrates that a 1% levy would be insufficient to meet the infrastructure requirements needed for St Marys’ growth. Independent economic advice confirms that a 4.24% levy would have minimal impact on development feasibility.

Council has engaged with DPHI to ensure the proposed levy meets their criteria for approval. The proposed rate of 4.24% is essential and justified, as there is no alternative funding source available to the Council to deliver the necessary infrastructure.

Transport-Oriented Development (TOD) Program

Council’s endorsement of the final Master Plan and EIE in March 2025 was essential for securing an exemption from the NSW Government’s TOD Program. Following Council’s endorsement, the EIE package was forwarded to DPHI to prepare the proposed amendments to Council’s LEP.

Council’s timely consideration and adoption of the Contributions Plan is the next critical step to ensuring that a statutory framework for funding infrastructure is established and in place before new development proceeds. Delays in adoption may result in gaps in the collection of contributions and could hinder the sustainable growth of the Town Centre.

Council will continue to work with DPHI to align the timing of gazettal of new LEP planning controls together with the amendment to the Regulation to enable the higher rate Contributions Plan, ensuring the successful delivery of the Master Plan’s vision for St Marys.

Current Situation

Following Council’s endorsement at the Ordinary Meeting on 3 March 2025 to proceed to public exhibition, the draft St Marys Town Centre Development Contributions Plan 2025 was placed on public exhibition from 6 March to 2 April 2025. The exhibition process was conducted in accordance with Council’s Community Engagement Strategy and Community Participation Plan 2022-26, as well as the requirements of the EP&A Act and Regulation.

The draft Contributions Plan was exhibited alongside draft amendments to Penrith Development Control Plan 2014 to support implementation of the Master Plan. A separate report will be presented to Council (in this business paper) on the outcomes of engagement of the DCP and to seek adoption for its finalisation.

Public Exhibition Process

The exhibition materials were made available on Council’s ‘Your Say Penrith’ platform, with hard copies accessible at the Penrith Civic Centre, Penrith Library, and St Marys Library. The plan was also published on the NSW Planning Portal’s Public Exhibition page and advertised weekly in the Western Weekender newspaper throughout the exhibition period. In addition, targeted letters were sent to key stakeholders, state agencies, and residents and property owners who had previously submitted feedback on the Master Plan.

Engagement efforts were further supported by posts on Council’s social media platforms, as well as notifications in Sector Connect, Our Place and St Marys Town Centre Corporation e-newsletters. A media release and coverage in Council’s Mayoral column also supported the engagement process.

Overall, Council’s engagement activities reached a broad audience, with the ‘Your Say Penrith’ platform receiving over 3,504 page views, and social media posts garnering more than 19,680 impressions during the exhibition period. A total of four written submissions were received from industry and state agencies in relation to the draft Contributions Plan. A summary of submissions received and responses to these submissions is at Attachment 3.

Feedback Summary

Feedback received during the exhibition period indicated broad support for the planning initiatives and objectives aimed at transforming St Marys into a vibrant strategic centre. Key areas of concern related to development feasibility and housing affordability. One submission from an industry peak body objects to the 4.24% levy claiming it risks sterilising potential development sites in the town centre. These issues are addressed below. Individual issues raised in submissions and our responses, are addressed at Attachment 3.

A recurring theme in submissions related to the proposed contributions rate and its potential impact on development feasibility and housing delivery/affordability. The viability of development was a key consideration in the preparation of the Contributions Plan, given development feasibility and housing affordability are widespread issues in the current economic environment. Council officers sought independent economic advice, which identified the primary challenges currently facing St Marys as market demand related. A significant improvement in market attractiveness and buyer willingness to invest will be essential for the viability of development in the Town Centre. The analysis also confirmed that local contributions represent only a small portion of the total development costs. Consequently, even at a reduced rate, development is unlikely to be viable in the short to medium term.

The Master Plan included several initiatives to enhance feasibility and improve housing affordability, while balancing the town centre’s employment, housing, and infrastructure needs. A mix of interventions has been incorporated into the final planning framework to assist in making development in the Town Centre more viable for developers. Additionally, Council has requested the NSW Government dedicate land for open space and connections to public transport, which would significantly reduce overall infrastructure costs and consequently lower the contribution rate. Unfortunately, these requests have not been accepted.

The identified infrastructure is crucial for achieving the Master Plan outcomes and is vital to supporting St Marys' role as a strategic, transport-oriented centre.

There are precedents for a 4% levy in other TOD precincts, such as Hornsby and Macquarie Park, where $520 million of government funding is available for active transport and open space (only applicable for “Tier One” TOD Precincts, which St Marys is not). The Contributions Plan aims to strike a balance between minimising infrastructure costs and enhancing amenity, while delivering high-quality place outcomes to improve feasibility. The proposed rate of 4.24% is essential and justified, as there is no alternative funding source available to the Council to deliver the necessary infrastructure.

Some submissions also commented on broader initiatives from the Master Plan that were not directly related to the documents on exhibition. These submissions have been acknowledged and responded to where appropriate.

In response to the feedback received, a small number of typographical changes and amendments to supporting graphics and tables throughout the Contributions Plan have been to enhance technical clarity and ensure compliance with legislative requirements. These changes are administrative or minor in nature and do not substantially alter the intended outcomes of the exhibited document. Importantly, they do not impact the proposed contribution rate, which remains at 4.24% and is recommended for adoption by Council.

Financial Implications

The Contributions Plan has been developed through a comprehensive analysis of key factors, including income modelling and development feasibility assessments. There is a risk that Ministerial approval for the proposed 4.24% levy may not be granted, or that development in the Town Centre may not generate sufficient revenue to fully fund all necessary infrastructure.

Of particular concern is the high concentration of Homes NSW landholdings in St Marys Town Centre, which poses a major risk to infrastructure funding due to the exemption of affordable housing from Section 7.12 levies (cl. 208 of the EP&A Regulation 2021). Homes NSW’s exemption from paying contributions means the Plan is unlikely to generate sufficient revenue to fund all necessary infrastructure – potentially increasing costs for other developments or leaving critical infrastructure unfunded. The proposed 4.24% levy reflects realistic development cost assumptions, including assuming 30% affordable housing by Homes NSW. Depending on the tenure mix of dwellings, Homes NSW could deliver a greater proportion (more than 30%) of affordable housing dwellings, resulting in a higher exemption amount and further impacting this situation. If this occurs, Council will need to explore alternative strategies to address insufficient funding.

The repeal of the existing St Marys Town Centre Contributions Plan will result in $151,252 being transferred to the new Section 7.12 Contributions Plan, providing an initial funding allocation for infrastructure delivery.

Risk Implications

The primary risk associated with this report is the possibility that the Minister for Planning and Public Spaces may not approve the higher fixed-rate levy of 4.24% under the Contributions Plan. If this rate is not approved, Council’s ability to collect sufficient funds for critical infrastructure necessary to support the projected growth and development of St Marys Town Centre will be compromised. This may result in funding gaps that could affect the timely delivery of essential local infrastructure, thereby undermining the successful implementation of the Master Plan.

Another significant risk involves the misalignment of statutory processes. Both the Contributions Plan and gazettal of new Local Environmental Plan (LEP) planning controls are subject to State Government-led legislative processes.

Additionally, if Council does not adopt the Contributions Plan in a timely manner, there is a risk the statutory framework required to support growth and development in St Marys Town Centre will not be established before development proceeds, meaning critical infrastructure provision may be delayed, affecting the growth and development objectives set out in the Master Plan.

Council Officers are working closely with the DPHI to mitigate these risks and align the Contributions Plan and LEP planning controls, streamline approval processes, and ensure timely implementation.

Next Steps and Conclusion

The St Marys Town Centre Development Contributions Plan is a vital component of the implementation of the St Marys Town Centre Master Plan, establishing the statutory mechanism for collecting local infrastructure contributions needed to support planned growth and development.

A fixed-rate levy of 4.24% is essential to ensure the delivery of critical infrastructure that will enable St Marys to grow into a strategic, transport-oriented centre. This rate reflects the true cost of infrastructure required to support new development, in the absence of alternative funding sources. Council officers have worked in collaboration with industry experts to carefully identify, scope, and cost the necessary infrastructure to support the future growth of the town centre.

Feedback in response to the public exhibition of the draft Contributions Plan has informed a handful of changes, as outlined in this report. It is recommended that Council adopt the amended St Marys Town Centre Development Contributions Plan at Attachment 1 to support the implementation of the Master Plan.

Should Council adopt the Contributions Plan, the adopted plan and background report will be forwarded to the Minister for Planning and Public Spaces with our formal request for the higher fixed-rate levy of 4.24%. If the Minister does not approve this rate, there is a risk that the Plan could come into effect with a potentially lower rate – creating a funding gap. If the rate is not approved, Council’s ability to fully fund the essential infrastructure needed for the Town Centre's growth and development will be compromised. This shortfall in funding may delay the delivery of critical local infrastructure, jeopardising the successful implementation of the Master Plan.

RECOMMENDATION

That:

1. The information contained in this report on Finalisation and adoption of draft St Marys Town Centre Development Contributions Plan 2025 be received

2. Council adopt the St Marys Town Centre (Section 7.12) Development Contributions Plan 2025 with a fixed-rate levy of 4.24% and the associated background report

3. A formal request is made to the Minister of Planning and Public Spaces seeking approval of a higher fixed-rate levy of 4.24% for the St Marys Town Centre Development Contributions Plan 2025 via an amendment of the EP&A Regulation

4. Notice of Council’s decision is published on Council’s website within 28 days, the notice shall specify the day in which the plan comes into effect as the day the amendment to the EP&A Regulations is made

5. Council provide the General Manager delegation to amend minor typographic or mapping errors in the Plan, should they exist

6. The St Marys Town Centre (Section 7.11) Development Contributions Plan 1993 be repealed on the date when the St Marys Town Centre (Section 7.12) Development Contributions Plan 2025 comes into effect in accordance with Section 215 of the Environmental Planning and Assessment Regulation 2021

7. Council endorse the transfer of unexpended funds collected under the repealed plan into the new St Marys Town Centre (Section 7.12) Development Contributions Plan 2025

8. All submitters be notified of Council’s decision

ATTACHMENTS/APPENDICES

1. ⇩	St Marys Town Centre (Section 7.12) Development Contributions Plan 2025	45 Pages	Attachments Included
2. ⇩	St Marys Town Centre Section 7.12 Contributions Plan Background Report	35 Pages	Attachments Included
3. ⇩	Summary of Submissions & Responses	4 Pages	Attachments Included

Ordinary Meeting 28 April 2025

Outcomes of public exhibition and finalisation of amendment to Penrith Development Control Plan 2014 for St Marys Town Centre

Compiled by: Natalie White, Planner

Lucy Goldstein, Senior Planner

Natalie Stanowski, City Planning Coordinator

Authorised by: Christine Gough, Head of City Planning

Andrew Jackson, Director Planning and Regulatory Services

Outcome	We plan and shape our growing City
Strategy	Undertake strategic planning that will ensure balanced growth and liveability
Principal Activity	Facilitate and plan for housing diversity and liveability

Previous Items: 3- Draft amendment to Council’s Development Control Plan for St Marys Town Centre Councillor Briefing – 17 February 2025 7:00PM

4- Draft St Marys Town Centre Development Control Plan for public exhibition Ordinary Meeting – 3 March 2025 7:00PM

1-Outcomes of public exhibition and finalisation of amendment to Penrith Development Control Plan 2014 for St Marys Town Centre – Councillor Briefing 14 April 2025 7:00PM

Executive Summary

The purpose of this report is to advise Council of the outcomes of the public exhibition of the draft amendment to Chapter E-15 of Penrith Development Control Plan 2014 (Penrith DCP 2014) and seek Council’s endorsement of the draft DCP for finalisation and adoption. The draft DCP was prepared to support the St Marys Master Plan implementation.

The draft amendment to Penrith DCP 2014 was publicly exhibited between 6 March 2025 to 2 April 2025, alongside the draft Section 7.12 Development Contributions Plan for St Marys Town Centre. The engagement activities reached a wide audience with over 3,504 page views and 19,680 impressions received across Council’s social media platforms. Council received seven written submissions from state agencies, industry and the community in relation to the DCP amendment. In addition to the written submissions received, Council received informal feedback from industry following the exhibition period. All matters raised via submissions and informal feedback are addressed in this report and have been considered in the finalisation of the DCP amendment.

As a result of the exhibition, a suite of amendments are proposed to the draft DCP Chapter to resolve minor errors and omissions and to provide greater clarity on the planning controls and technical matters, as well as the desired development outcomes. The proposed amendments do not substantially introduce or amend any of the outcomes sought in the St Marys Town Centre Master Plan.

Councillors were briefed on the outcomes of the public exhibition at the briefing of 14 April 2025 with the information available at the time the business paper was finalised. The briefing gave Councillors the opportunity to review the outcomes of the exhibition, key matters raised within submissions, proposed amendments and the next steps for Council’s consideration and endorsement to finalise the DCP amendments for St Marys Town Centre.

This report recommends that Council endorse the draft amendment to Penrith DCP 2014 (Attachment 1). Should Council endorse the draft amendment to Penrith DCP 2014, it will be published and come into effect when the new planning controls under Penrith Local Environmental Plan 2010 (LEP 2010) come into force (as per the Council resolution of 3 March 2025).

Background

At the Ordinary Meeting on 3 March 2025, Council endorsed the final St Marys Town Centre Master Plan (Master Plan) and accompanying Explanation of Intended Effect (EIE), which sets out a long-term plan to guide future growth and development of the St Marys Town Centre over the next 20 years. The Master Plan was exhibited in November 2024 and was developed through extensive community and stakeholder consultation and engagement. The Master Plan includes the strategies, actions, design principles and infrastructure requirements to achieve the vision, place outcomes and strategic directions for the Town Centre. These have been carried forward through proposed amendments to Penrith Local Environmental Plan 2010 (via a State Environmental Planning Policy amendment), new DCP provisions, and a draft Section 7.12 Development Contributions Plan to support its implementation.

At the same meeting, Council resolved to publicly exhibit the draft amendment to Penrith DCP 2014, as well as draft Section 7.12 Development Contributions Plan to support the implementation of the Master Plan. The draft amendment to Penrith DCP 2014 is a key component of the Master Plan’s implementation strategy in guiding future development outcomes for the St Marys Town Centre.

The Master Plan requires an amendment to Penrith DCP 2014 to implement a range of new and amended development controls to respond to and deliver actions identified within the Master Plan. The proposed DCP amendment seeks to introduce and replace the existing planning controls with new and updated provisions for the St Marys Town Centre within Chapter E15 St Marys / St Marys North of DCP 2014. The DCP amendment relates to a broad range of matters, including built form and design, landscape and the environment, stormwater management, active transport, public open space, and the public domain.

The DCP amendments directly respond to the Master Plan and EIE (ie. proposed LEP controls) and have been informed by the technical studies, including development feasibility, as well as comprehensive Urban Design Analysis undertaken as part of the development of the final Master Plan.

Transport-Orientated Development (TOD) Program

Council’s endorsement of the final Master Plan and EIE was critical to ensuring we delivered on our commitment to the State Government to have completed and endorsed the St Marys Town Centre Master Plan, including recommendations for planning controls (proposed LEP amendments), by April 2025 to support our exemption from the TOD Program. Following endorsement of the Master Plan, the EIE package was forwarded to the DPHI to prepare the proposed amendments to Council’s LEP.

Council’s timely consideration and endorsement of the draft amendment to Penrith DCP 2014, as well as draft Section 7.12 Development Contributions Plan is critical to ensuring that the statutory framework guiding development outcomes and for funding local infrastructure is in place before development proceeds, preventing gaps in service provision and supporting the sustainable growth of the Town Centre.

Public Exhibition and Submissions

Following endorsement by Council at its Ordinary Meeting on 3 March 2025 to proceed to public exhibition, the draft amendment to Chapter E15 St of Penrith DCP 2014 was publicly exhibited between 6 March 2025 to 2 April 2025, alongside the draft s7.12 Development Contributions Plan for St Marys Town Centre to support implementation of the Master Plan. The outcome of the exhibition of the Contributions Plan is a separate matter tabled for inclusion in this business paper.

Public exhibition was undertaken in accordance with Council’s Community Engagement Strategy and Community Participation Plan 2022-26 as well as the legislative requirements under the Environmental Planning & Assessment Act, 1979 and Environmental Planning & Assessment Regulation 2021.

1. Summary of engagement

Community and industry stakeholders were notified of the public exhibition through various channels, including the following:

· The draft DCP amendment and supporting exhibition material was published on Council’s Your Say Penrith website and the NSW Planning Portal.

· Hard copies of the draft DCP amendment were available to view at the Civic Centre and both Penrith and St Marys libraries.

· The draft DCP amendment was advertised in the Western Weekender newspaper weekly throughout the exhibition period.

· Letters were sent to key stakeholders and state agencies in addition to residents and property owners who submitted feedback on the Master Plan notifying them of the exhibition.

· The exhibition was advertised on Council’s social media pages including Instagram, Facebook and LinkedIn along with notifications in the Sector Connect, Our Place, St Marys Town Centre Corporation e-newsletters and Council’s Staff Bulletin. Notification of the exhibition was also published in Council’s Mayoral column along with a Media Release.

Overall, the engagement activities reached a wide audience with over 3,504 page views and 19,680 impressions received across our social media platforms. Council received seven written submissions from state agencies, industry and the community in relation to the DCP amendment. In addition to the written submissions received, Council received informal feedback from industry following the exhibition period. All matters raised in the submissions and feedback received are addressed in this report with a detailed summary of issues raised and Council officers responses provided in Attachment 2.

2. Overview of what we heard

The submissions and feedback received in relation to the draft DCP amendment showed broad support for:

· The overall planning objectives to enable St Marys to become a vibrant strategic centre, and to promote and respond to significant growth and transformation of the precinct.

· Increased opportunities for diverse housing to be delivered, including social and affordable housing.

· The proposed expansion of public open space commensurate with increased density in the Town Centre.

· The overall planning objectives to achieve improved waterway health outcomes in the urban renewal of St Marys Town Centre.

General concerns were raised in respect of the following matters:

· Impacts on development yield and feasibility.

· Cost and yield implications for delivering social and affordable housing.

· Concerns regarding a range of proposed built form controls being too restrictive and an impost to development.

· Road network and design details, including overarching concerns regarding the peripheral vehicular movement network and changes to bus routes and road cross-section details.

· Onsite car parking rates and on-street parking on Queen Street.

· That the draft DCP does not reinforce key elements and outcomes of the Integrated Water Management Plan which supported the Master Plan.

· Concerns regarding proposed mandatory on-site stormwater detention controls and water sensitive urban design measures being restrictive and inflexible and have potential to impact feasibility and yield.

3. Summary of key issues raised in submissions/feedback

· Road network, design and active transport

State Agencies

Three submissions were received from state agencies (Sydney Metro, Transport for NSW and Homes NSW) which raised matters relating to overall road network, road design, and active transport connections. Key matters raised in these submissions include:

o That the role, orientation, width and alignment of the proposed Blair Avenue Extension be reconsidered to address pedestrian safety, amenity, avoid negative traffic impacts and minimise potential impacts on developable land.

o That the draft controls consider and respond to future public domain/road reserve works along Station Street to be undertaken by Sydney Metro.

o Request for clarification on specific road design details, including indicative road cross-sections.

o Concerns surrounding the design of Ross Place Park and potential impacts to development yield for Homes NSW land and provision of social and affordable housing.

o Request for flexibility in the location and design of specific walking routes in the St Marys Town Centre.

o Overarching concerns regarding the proposed peripheral vehicular movement network and changes to bus routes and services, and concerns that it is premature to prescribe the design of streets prior to agreement/finalisation of the long term bus routes.

· Car Parking

State Agencies

Two submissions were received from state agencies (Sydney Metro and Transport for NSW) which recommended that more ambitious onsite car parking be considered to reflect St Marys status as a strategic centre and TOD precinct, with consideration given to introducing maximum car parking rates, as opposed to a minimum rate. One state agency submission (Homes NSW) noted that the parking rates under the DCP will not apply to development carried out pursuant to State Environmental Planning Policy (Housing) 2021 (SEPP Housing), with parking standards under the SEPP applying.

Industry

One submission from industry (Urban Taskforce) was received which raised concern that parking rates are inflexible and not supported and recommended that rates allow for greater flexibility to enable developers to optimise basement parking provisions to reflect future market demands. With specific concerns raised regarding requirements for electric vehicle charging stations and potential for this to reduce development yield and impact feasibility, as well as requesting greater flexibility for the provision of bicycle and end of trip facilities based on market demand.

Private

One submission (private) was received which raised concern regarding the loss of car parking along the eastern side of Queen Street between Phillip and Nariel Streets to support retail businesses in this area.

· Built Form

State Agencies

Two submissions were received from state agencies (Sydney Metro and Homes NSW) which raised specific concerns regarding built form controls, including the following key matters:

o Building setbacks: requesting clarification and further details regarding the rationale for proposed setbacks, particularly along the Gidley Street through-site link and Station Street. Specific concerns were raised regarding front setback controls at upper levels for certain sites near Ross Place Park and Astley Park.

o Design of social and affordable housing: concerns raised on cost implications on the delivery of social and affordable housing and clarification of relationship between proposed controls and provisions within State Environmental Planning Policy (Housing) 2021.

o Waste collection: recommended that Council review waste collection requirements to allow for on-street collection to reduce cost implications resulting from onsite waste collection requirements.

o Tree Canopy Targets: cost and yield implications of proposed tree canopy targets in delivering social and affordable housing.

o View Corridors: Recommends deleting proposed view corridor through certain sites owned by Homes NSW and locating view corridors along public street alignments.

o Ross Place: recommends reconsidering the interface of Ross Place Park and associated through-site link.

One submission was received from industry (Urban Taskforce) which raised the following key issues relating to built form controls:

o Solar Access for public open space: provisions are too stringent and will impact feasibility and recommends that alternate methods to measure solar access be considered.

o View corridors: proposed provisions are a ‘nice to have’ and will reduce site planning options and restrict building envelopes.

o Tree canopy targets: concern that the proposed targets will reduce development capacity and should be more flexible to allow other planting types.

o Apartment Mix: proposed provisions are too prescriptive and do not consider market demand.

Private

One submission (private) was received which raised the following key issues relating to built form controls:

o Minimum lot width: recommend that the minimum lot width proposed for mixed use development should be decreased to prevent requirements for lot amalgamation.

o Building setbacks: recommends that minimum upper-level setbacks at certain locations be reduced to better suit existing lot lengths.

· Water Management

State Agency

One submission was received by Sydney Water which raised concerns that the draft controls do not reinforce key elements and outcomes of the Integrated Water Management Plan that supports the Master Plan with the following key specific concerns raised:

o Concerns surrounding potential difficulty to incorporate pervious surfaces for sites with 100% site coverage.

o Concern that requirements for passively irrigated street trees are not incorporated into the draft DCP.

o Recommendations regarding elements of the Integrated Water Cycle Management Plan be incorporated into the DCP to assist in the reduction of stormwater runoff volumes.

o Encourage adoption of the NSW Government’s Risk Based Framework for Considering Water Health Outcomes in Strategic Land Use Planning Decisions.

4. Response to feedback received

All feedback received has been considered by Council officers. A high-level summary of responses to key issues raised is provided below. A detailed summary of all issues raised by submissions and responses to each issue is provided in Attachment 2.

· Road network, design and active transport

The draft DCP does not seek to alter or amend the street network or road design details as detailed in the endorsed Master Plan. The street network and street design as detailed in the Master Plan has been developed in alignment with the NSW Movement Place Framework and been subject to extensive consultation with key stakeholders during the preparation of the Structure Plan and Master Plan.

In relation to specific concerns regarding the peripheral vehicular street network, this is a long-term vision with the intent to transition Queen Street from a high-traffic road to a pedestrian-friendly, business-focused destination. Further consultation with Transport for NSW and relevant stakeholders will occur at the appropriate time regarding the detailed design and implementation of the overall St Marys Town Centre road network, including bus routes.

· Car Parking

The car parking rates have been informed by the Parking Study undertaken by Bitzios Consulting, which supported the Master Plan. The Master Plan focuses on a balanced approach to car parking in the Town Centre to meet the needs of its visitors, workers and residents.

In relation to on-street parking on Queen Street, Queen Street has been designed to have a high place function by prioritising pedestrian access, encouraging outdoor dining with a dedicated split cycleway. Although on-street parking will continue to be provided in certain areas along Queen Street, vehicles are encouraged to use the peripheral movement corridor around the Town Centre Core due to a re-allocation of road space.

· Built Form

Council undertook extensive urban design analysis and modelling to determine the desired future character of the St Marys Town Centre and potential planning controls as part of the Master Plan process. The draft DCP does not seek to alter or amend the intent and built form outcomes identified in the Master Plan, and which were largely subject to ongoing consultation with the community and stakeholders as part of the Structure Plan and Master Plan processes. In relation to feasibility, the draft planning controls give effect to the Master Plan, which was subject to development feasibility analysis.

· Water Management

A key action of the Master Plan was to implement the recommendations of the Integrated Water Management Plan, which supported the Master Plan. A number of amendments are proposed to Section 15.5-Water Management to reinforce the outcomes of the Integrated Water Management Plan through the inclusion of additional objectives and planning controls. It is noted that the re-development of St Marys offers the opportunity to transform the relationship between the waterway and the town centre and create a great natural asset for the community, as well as implement development while having regard to the waterway health objectives for the catchment.

5. Post-exhibition amendments

Refinements to the draft DCP are proposed to address issues raised by submissions where relevant, whilst ensuring that a balanced and sustainable approach to growth and development in the St Marys Town Centre is taken. Further amendments are proposed to resolve minor errors, omissions and inconsistencies following further review by Council officers during the exhibition period, and to improve the clarity of controls and strengthen the strategic intent and development outcomes. The proposed changes are considered minor or administrative in nature and do not substantially introduce or amend any of the outcomes sought.

The proposed amendments to the draft DCP are summarised in the table below:

Summary of post-exhibition amendments to draft DCP
Matter	Proposed amendments	Reason for Amendment
Street Network and Design (Section 15.6)	· Minor amendment to Figure E15.14 (Movement and Place Functions of Streets Map) to identify Blair Avenue Extension as a ‘Local Road’ instead of a Service Lane. · Minor updates to Table E15.3 to provide greater clarity on the breakdown of inclusions within the verge area.	Address matters raised in submissions and improve clarity and consistency in controls.
Water Management (Section 15.5)	· New introduction to section to provide greater context and background information. · Expanded objectives and controls to strengthen and reinforce elements of the Integrated Water Management Plan. · Expanded controls to clarify information required to be submitted with Development Applications. · Additional details regarding the location of onsite detention tanks to minimise conflicts with landscaping and canopy trees. · Expanded controls regarding rainwater tank requirements and reticulation systems to provide greater guidance on requirements. · Clarification on controls regarding passively irrigated street trees.	Address matters raised in submissions and improve clarity and expression of controls.
Built Form (Sections 15.4, 15.7, 15.9)	· Expanded provisions within Section 15.4 (Landscape and Environment) to clarify that podium planting may be calculated towards overall tree canopy targets. · Amendments to upper-level setback controls and Figure E15.49 to clarify how setbacks should be applied (i.e. podium setbacks apply to podium level and above). · Amend apartment mix controls within Section 15.7.2 and 15.9.4 to include 3+ bedroom dwellings.	Address matters raised in submissions.
Key precinct and site controls (Section 15.11.5)	· Expanded provisions to clarify application of controls. · Minor amendment to terminology to ensure consistency with proposed LEP amendments (as per the EIE).	Improve clarity of controls and consistency with LEP amendments.
Editorial and typographical (whole chapter)	· A number of minor formatting and typographical amendments have been made to enhance usability and ensure alignment with Council’s Writing Style Guide. · Maps and figures updated to a higher resolution, ensuring legibility of maps/figures. · Amendment to Appendix A to include legends for figures.	Ensure accuracy of the DCP and improve useability and legibility of controls.

Financial Implications

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

Risk Implications

If Council does not endorse the draft amendment to Chapter E-15 of Penrith Development Control Plan 2014 in a timely manner, there is a risk that the gazettal of statutory framework including planning controls under LEP 2010 and s7.12 Contributions Plan required to support growth and development in St Marys Town Centre will be mis-aligned, impacting the growth and development objectives set out in the Master Plan.

Next Steps

If the DCP is endorsed by Council, it does not require any further approval. Once Council has resolved to endorse the DCP, a notice will be published on Council’s website. The DCP will not take effect until the NSW State Government has finalised the planning controls (LEP amendments) and s7.12 Development Contributions Plan for St Marys Town Centre.

Conclusion

Seven submissions were received during the public exhibition period for the draft amendment to Chapter E-15 of Penrith Development Control Plan 2014 as well as informal feedback from an industry body following the exhibition period. All matters raised within submissions have been considered and addressed in the finalised draft DCP Chapter as provided within Attachment 1, in line with legislative requirements under the EP&A Regulation 2021.

The draft St Marys Town Centre DCP Chapter is essential to the successful implementation of the Master Plan in setting the statutory framework for place-based development controls to preserve and enhance St Marys unique character. If Council delays finalisation of the draft St Marys Town Centre DCP Chapter, there is a risk that gazettal of the new planning controls under LEP 2010 and the making of the new Contributions Plan may not align, preventing new development from the outset of the Master Plan’s implementation.

This report recommends that the draft Chapter E-15 St Marys Town Centre of Penrith Development Control Plan 2014 is endorsed by Council.

RECOMMENDATION

That:

1. The information contained in the report on Outcomes of public exhibition and finalisation of amendment to Penrith Development Control Plan 2014 for St Marys Town Centre be received

2. Council endorse the draft amendment to Chapter E15- St Marys Town Centre of Penrith Development Control Plan 2014 (Attachment 1).

3. The General Manager is granted delegation to make any necessary changes to the draft amendment to Chapter E15-St Marys Town Centre of Penrith Development Control Plan 2014 if necessary, ahead of commencement.

4. A notice is to be published on Council’s website within 28 days after the proposed amendment to Penrith Development Control Plan 2014 for St Marys Town Centre (DCP amendment) has been endorsed by Council in accordance with legislative requirements under the Environmental Planning and Assessment Regulation 2021 and that:

a. The notice is to specify that the DCP amendment will come into effect when the amendment to Penrith Local Environmental Plan 2010 (St Marys Town Centre) comes into force.

5. All submitters are notified of Councils decision.

ATTACHMENTS/APPENDICES

1. ⇩	Draft Chapter E15 - St Marys Town Centre of Penrith Development Control Plan 2014	106 Pages	Attachments Included
2. ⇩	Summary of submissions received on the Draft DCP Chapter E-15 St Marys Town Centre	19 Pages	Attachments Included

Ordinary Meeting 28 April 2025

Amendments to Mamre Road Section 7.11 Development Contributions Plan

Compiled by: Brooke Levingston, Executive Planner

Natalie Stanowski, City Planning Coordinator

Authorised by: Christine Gough, Head of City Planning

Andrew Jackson, Director Planning and Regulatory Services

Outcome	We plan and shape our growing City
Strategy	Undertake strategic planning that will ensure balanced growth and liveability
Principal Activity	Ensure services, facilities and infrastructure meet the needs of a growing population through the contributions framework

Previous Items: 5- Draft Mamre Precinct Development Contributions Plan- Ordinary Meeting- 28 Mar 2022 7:00PM

6- Draft Mamre Road Development Contributions Plan- Ordinary Meeting- 26 Oct 2020 7:00PM

2- Re-exhibition of Draft Mamre Precinct Development Contributions Plan- Ordinary Meeting- 22 Nov 2021 7:00PM

2- Explanation of Intended Effect - Upgrade of Abbotts Road and Aldington Road, Kemps Creek- Ordinary Meeting- 25 Mar 2024 7:00PM

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

Executive Summary

This report seeks Council’s endorsement to publicly exhibit a draft amendment to the Mamre Road Precinct Development Contributions Plan 2022 (CP). Development Contributions Plans require amendments over time to ensure they are fit for purpose, remain up to date and to reduce any potential financial risk to Council. The CP requires amendment to:

· respond to legislative changes resulting from recent amendments to State Environmental Planning Policy (Industry and Employment) 2021 (I&E SEPP)

· respond to the finalisation of Sydney Water’s Integrated Stormwater Scheme Plan (Stormwater Scheme Plan) for the Mamre Precinct.

· provide clarification to the definition of Net Developable Area (NDA), which is land that is required to pay a development contribution when developed.

· update the indexation method for land to be acquired.

· minor housekeeping matters, including an update to legislative references and make typographic corrections.

The amendments ensure that the plan will not double charge for land that Sydney Water is acquiring or works that Transport for NSW (TfNSW) will be undertaking. This will support industry to continue to deliver employment generating development in the precinct. The amendments will also ensure accurate land indexation and collection of contributions, so that Council has the ongoing ability to fund infrastructure in the precinct or developers can deliver this infrastructure in lieu of paying contributions.

Should Council endorse the recommendations in this report, the draft CP amendments will be publicly exhibited, with a further report provided to Council on the outcomes of the public exhibition, where any submissions are received.

Background

The Mamre Road Precinct is located within the Western Sydney Employment Area (WSEA), which was established to rezone land for employment purposes close to major road transport and to provide jobs for Western Sydney. There is approximately 850 hectares of industrial land in the Precinct, with the capacity to accommodate 17,000 jobs.

The key planning documents for the Mamre Road Precinct are the I&E SEPP and the Mamre Road Precinct Development Control Plan 2021 (Mamre Road DCP). Planning for the Precinct has been led by Department of Planning, Housing and Industry (DPHI) and DPHI is responsible for any amendments required to these documents. The key document that Council is responsible for in the Mamre Road precinct is the Contributions Plan.

Contributions Plan

The CP was adopted by Council on 28 March 2022 and identifies the local infrastructure that is needed to support future development in the Mamre Road Precinct and the contributions required to meet the cost of that infrastructure. Infrastructure to be funded under the CP includes new and upgraded roads, open space embellishments and associated land acquisition. The CP does not collect contributions for any stormwater or drainage infrastructure; Sydney Water is the regional stormwater authority for the Mamre Road Precinct and is responsible for funding, delivering and maintaining these assets.

To date Council has collected $10.4 million in contributions under the CP. Council has formally entered into two Voluntary Planning Agreements for the delivery of infrastructure identified in the CP, with a further VPA imminent. Officers are currently negotiating six Works in Kind Agreements (WIKA’s) for the delivery of infrastructure identified in the CP.

Amendments to I&E SEPP

The Mamre Road DCP requires the existing Abbotts Road and Aldington Road corridor to be upgraded from an existing rural road to a distributer industrial road. This road will connect future employment development to Mamre Road and the Southern Link Road. The upgrade of the Abbotts Road and Aldington Road corridor is identified in the CP.

In order to facilitate the widening of Abbotts and Aldington Roads, DPHI amended the I&E SEPP on 8 November 2024 to rezone land required for road infrastructure and nominated Council as the acquisition authority for this land. The I&E SEPP amendment rezoned part of 20 Aldington Road, Kemps Creek to SP2 Infrastructure (Classified Road) and nominated TfNSW as the acquisition authority for this land. This amendment was needed to accommodate the new road alignment and to allow for its intersection with the future Southern Link Road. This means TfNSW, not Council, is responsible for acquiring this land and delivering this portion of the road. As such, this land can now be removed from the CP.

Sydney Water’s Integrated Stormwater Scheme Plan for Mamre Precinct

Sydney Water was appointed as the regional stormwater authority for the Mamre Road Precinct in 2022. Since that time, Sydney Water has released a Stormwater Scheme Plan which identifies the proposed stormwater and drainage infrastructure network for the Precinct and the land to be set aside for these purposes.

Sydney Water has also released a draft Development Servicing Plan (DSP) for the Precinct, which identifies contributions to be paid by developers for stormwater drainage services and associated land acquisition. The draft DSP was publicly exhibited from 8 January 2025 until 20 February 2025. Following consideration of submissions, Sydney Water will finalise the draft DSP and submit it to IPART for registration, enabling a contribution to be levied for stormwater drainage services. This is expected to occur in the first half of 2025, which will mean that there is a funding source for the acquisition of land required for stormwater purposes.

Council officers have been working closely with DPHI and Sydney Water to determine implications for the strategic planning framework for the Mamre Road Precinct. Specifically, updates to land zoning and acquisition responsibilities are required where Sydney Water requires land for its infrastructure. DPHI has informed Council officers of its intention to amend the I&E SEPP to align with the Stormwater Scheme Plan. This includes rezoning land to be used for stormwater infrastructure to SP2 Infrastructure (Stormwater) and nominating Sydney Water as the acquisition authority for this land. A timeframe for these amendments has not yet been confirmed, but it is understood they are likely to occur in the first half of 2025.

The Stormwater Scheme and future I&E SEPP amendment have implications for the CP, specifically the amount of land to be acquired and embellished by Council, and the overall calculation of NDA for the Precinct. To prevent a doubling up of charges, impacting development feasibility, the CP must be updated to align with the Stormwater Scheme Plan (and planned I&E SEPP changes). A proactive approach to exhibiting an amended CP that aligns with the stormwater scheme is sought to continue to facilitate development in the precinct.

It is noted that part of Sydney Water’s stormwater infrastructure will also be located on land in the Aerotropolis Precinct zoned under State Environmental Planning Policy (Precincts – Western Parkland City) 2021. However, none of this land is identified for acquisition or embellishment by Council under the Penrith Aerotropolis Contributions Plan 2023, and, therefore, no amendments to this Plan are required.

Housekeeping Matters

A number of other matters in the CP require amendments to ensure the clear and efficient operation of the CP. These are discussed below:

Indexation

The rates in development contributions plans are indexed to account for changes in the cost of infrastructure or land over time. At present, the CP uses different indexation methods. For charges relating to the cost of works, the Consumer Price Index (CPI) is used. For charges relating to the acquisition of land the Established House Price Index (EHPI) was identified as, at the time, it was thought to better represent the cost escalation of land values. However, the EHPI was discontinued, with the last index produced in December 2021.

This means that land costs in the CP are no longer being indexed and currently developers would not pay what they should be paying, if the index was in operation. A funding shortfall in the plan could occur without the ability to index the value of land.

Currently, this matter is being managed through entering VPAs and the incorporation of provisions to index land values using CPI, which is considered a suitable available index. It is proposed that that the CP is amended so that land and works are both indexed by CPI and have the same base indexation.

This amendment results in an increase in the overall cost of the CP, however, it is not considered onerous as indexation is an established mechanism embedded into Contributions Plans. The inclusion of CPI as an indexation method will ensure the CP reflects current land values and accounts for escalation of value over time. This amendment is consistent with what a developer would be paying if the EHPI did not cease.

Calculation of Net Developable Area (NDA)

Under the CP, development contributions are calculated per hectare of NDA. A definition for NDA is included in the CP which is used to determine the area of land to be included or excluded in the calculation of development contributions.

During the recent negotiation of planning agreements for development sites, proponents have sought to remove the consideration of the area of certain easements, local roads and riparian corridors/drainage land from the calculation of NDA.

The definition of NDA was a matter considered by Council when the CP was exhibited and reported for adoption at the Ordinary meeting of 28 March 2022. The consideration specifically of the inclusion of easements and local roads within NDA was undertaken at this time and concluded in the report that local roads and drainage were to remain included in the definition of NDA, as they are required to be delivered as conditions of consent and recognise specific site conditions and compliance with the DCP. Further, transmission easements are not to be excluded from NDA as development can still occur within this land, such as driveways, roads and car parking.

Amendments to the definition of NDA are proposed to support Councils previously reported position and provide further clarity for proponents.

Current Situation

It is proposed to amend the CP to respond to recent and planned amendments to State policy and to make other necessary housekeeping amendments. The proposed amendments seek to mitigate financial risk to Council, ensure no double charging of contributions between the stormwater scheme and the CP, and will help remove ambiguity about how the contribution rate is calculated. It is important to note that the proposed amendments do not represent a change in policy but rather seek to reinforce Council’s current position and to respond to recent and planned amendments to State policy.

A copy of the draft amended CP is provided at Attachment 1. The proposed amendments to the CP and the effect of the amendment are summarised below:

Draft Amendment	Effect of Amendment
1. Remove 20 Aldington Road, Kemps Creek from the works schedule and cost of works and land acquisition. The associated CP maps will also be updated.	· Slightly reduce the cost of the CP. · Consistency with I&E SEPP · Ensure no double charging of costs
2. Update the Net Developable Area calculation to reflect land that has been rezoned by DPHI from C2 to IN1 and vice versa.	· Consistency with I&E SEPP · Slightly reduce cost of the CP
3. Remove certain RE1 Public Recreation zoned land which will be rezoned to SP2 Infrastructure (Stormwater) and acquired by Sydney Water from the schedule and costs of works. The associated CP maps will also be updated. Approximately 3.2 Ha of RE1 land has been removed from the plan.	· Consistency with Sydney Water Scheme Plan · Consistency with future I& E SEPP · Reduced cost of the CP · Ensure no double charging
4. Update NDA calculations to exclude IN1 General Industrial zoned land which will be rezoned to SP2 Infrastructure (Stormwater) and acquired by Sydney Water. The associated CP maps will also be updated.	· Consistency with Sydney Water Scheme Plan · Consistency with future I& E SEPP
5. Update the indexation method for land costs from EHPI to CPI, achieving a consistent approach to indexation, that is consistent with existing and proposed planning agreements within the Mamre Road Precinct. The base CPI will be updated for works costs as well to ensure consistency between both calculations. The new rate reflects the indexation difference between 2021 and today.	· Increase to land values, reflecting true cost of the plan costs. · Contributions will reflect what Council would be collecting, if the EHPI had not ceased. · Indexation consistent with negotiated VPAs. · Developers have access higher land contribution offsets for works in kind.
6. Simplify the definition of ‘Net Developable Area’ by making clear it includes all land zoned IN1 General Industrial except for land that is: a) An existing road at the time development consent is granted, b) Land required for the provision or upgrade of any road to be provided under the CP, c) An arterial road or land for the widening of an arterial road.	· Consistency with previous Council reported position. · Clarity on the application of contributions to land.
7. A specific clause for exempt development will be introduced for clarity. Land uses and public infrastructure which are currently exempt from paying a contribution will continue to be exempt (e.g. emergency services facilities, public open space, drainage reserves).	· Clarity on the application of contributions to land.
8. Undertake minor housekeeping amendments, such as updating legislative references and zoning changes, updating maps, removing duplication and making typographical corrections.	· Plan is up to date and fit for purpose

Plan Cost Changes

The cost of the CP will change as a result of the proposed amendment. In the table below, the base costs represent the cost of the plan at commencement. Updating the indexation of land to CPI increases the CP rate, however, the removal of certain land and works from the CP due to the stormwater scheme and other legislated changes reduces the total cost of the plan. Overall, the plan has increased approximately by 4% (between the current indexation and NDA and the proposed indexation and NDA). Current and proposed costs are detailed in the table below.

	Current Plan (base costs)	Current Plan (current indexation)	Amendment (new indexation)
NDA (ha)	725.3		724
Transport works	$130,375,587	$151,526,369	$150,823,541
Transport Land	$159,339,690	$178,933,666	$202,570,900
Open Space works	$20,904,288	$24,295,583	$21,300,043
Open Space land	$121,757,975	$136,730,533	$137,166,300
Plan admin	$2,269,198	$2,637,329	$2,581,854
Total	$434,646,738	$494,123,480	$514,442,638
Rate per ha NDA	$599,225	$681,223	$710,571

Next Steps

Should Council endorse the recommendations in this report, the draft CP amendments will be placed on public exhibition for 28 days in accordance with the Environmental Planning and Assessment Regulation 2021 and Council’s Community Participation Plan. The exhibition will include publishing the amendments on Council’s Your Say page and the DPHI Planning Portal, along with a newspaper advertisement in the Western Weekender.

Following the exhibition period, if any submissions are received, a further report will be prepared for Council.

Financial Implications

The removal of part of 20 Aldington Road, Kemps Creek will result in a small decrease to the land acquisition costs and works costs in the CP. As the nominated acquisition authority, TfNSW will be obliged to pay just compensation to the landowner at the time of acquisition.

The proposed amendment to the definition of NDA seeks to clarify what land is included or excluded from the NDA calculation and reinforces Council’s current position and approach to calculating contributions. If additional exclusions from the NDA were accepted by Council, this would set a precedent for other development sites and would require the overall NDA calculations to be updated. This would result in a funding shortfall as costs have been apportioned based on the total NDA across the Precinct. In this scenario, a further amendment to the CP would be required to adjust the total NDA calculations, which would result in an increase to the costs per hectare.

The land costs within the CP have not been indexed since the EHPI was discontinued and are currently managed through VPA negotiations. Updating the indexation method to CPI will enable the contribution rates to be adjusted in accordance with increases to land values, thereby mitigating financial risk to Council. The cost rate for land and works will both be set a new base CPI, for consistency and clarity.

The CP must be amended to align with Sydney Water’s Scheme Plan and upcoming amendments to the I&E SEPP to prevent a doubling up of charges for land acquisition and embellishment in the CP and the DSP, which will result in reduced CP rates due the removal of a substantial amount of RE1 land that Council no longer will be required to acquire, resulting in a decrease to the cost of the Plan.

There are no financial implications associated with the other proposed housekeeping amendments (e.g. updating legislative references, making typographical corrections, updated maps etc.) in either stage as these changes are administrative in nature.

Risk Implications

The proposed amendments to NDA seek to clarify what land is included or excluded from the NDA calculations. There is a risk that if additional land and/or works are excluded from the NDA, this would result in a significant funding shortfall and impact Council’s ability to deliver critical infrastructure. Further, this would set a precedent and would necessitate a CP amendment to adjust the overall NDA calculations for the Precinct, which would result in an increase to costs per hectare of NDA.

The proposed amendment to indexation will enable the contribution rates to be indexed to respond to changes in land values. There is a risk that if the land costs are not indexed, it could create a funding deficit.

The CP must be amended to align with the Stormwater Scheme Plan and planned updates to State policy to avoid a doubling up of charges. These amendments will only come into force once the I&E SEPP amendments are finalised and final changes to land zoning and acquisition are confirmed. Council officers will continue working with DPHI to ensure consistency across these documents.

There is no risk implications associated with the amendments to 20 Aldington Road, Kemps Creek or the proposed housekeeping amendments.

Conclusion

This report seeks Council’s endorsement to publicly exhibit draft amendments to the Mamre Road CP to respond to recent amendments to the I&E SEPP, the finalisation of Sydney Water’s Scheme Plan and other housekeeping amendments.

The proposed amendments reinforce Council’s policy position and reflect changes to State policy. The proposed amendments seek to mitigate financial risk to Council, prevent a doubling up of contribution charges, and remove potential ambiguity.

The proposed CP amendments are provided at Attachment 1. Should Council endorse the recommendations in this report, the draft CP amendments will be publicly exhibited, with a further report provided to Council on the outcomes of the public exhibition.

RECOMMENDATION

That:

1. The information contained in the report on Amendments to Mamre Road Section 7.11 Development Contributions Plan be received.

2. The Mamre Road Precinct Development Contributions Plan 2022 – Amendment 1 as provided at Attachment 1, be placed on public exhibition in accordance with Council’s Community Participation Plan and the Environmental Planning and Assessment Regulation 2021.

3. A further report be prepared for Council following public exhibition of the draft amendments, if submissions are received, for Council to consider those submissions.

4. If no submissions are received during the public exhibition period, and no amendments, apart from minor amendments, are proposed, that Council authorise the General Manager to adopt the draft CP Amendments.

5. Council authorise the General Manager make any minor amendments where necessary (e.g. typographic errors, incorrect clause references, dates, and the like), to the draft CP.

ATTACHMENTS/APPENDICES

1. ⇩

Attachment 1 - Draft Amendments to Mamre Road Precinct Contributions Plan

55 Pages

Attachments Included

Ordinary Meeting 28 April 2025

Finalisation of Orchard Hills North Section 7.11 Development Contribution Plan

Compiled by: Claudia Amendolia, Planner

Natalie Stanowski, City Planning Coordinator

Authorised by: Christine Gough, Head of City Planning

Andrew Jackson, Director Planning and Regulatory Services

Outcome	We plan and shape our growing City
Strategy	Undertake strategic planning that will ensure balanced growth and liveability
Principal Activity	Ensure services, facilities and infrastructure meet the needs of a growing population through the contributions framework

Previous Items: 10- Submission- IPART draft reports for Orchard Hills North and Glenmore Park Stage 3 Development Contribution Plans- Ordinary Meeting- 24 Jun 2024 7:00PM

1- Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North- Ordinary Meeting- 27 Jun 2022 7:00PM

3- Draft S7.11 Contribution plan and Voluntary Planning Agreement for Orchard Hills North- Councillor Briefing- 14 Apr 2025 At the conclusion of the Policy Review Committee Meeting

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

Executive Summary

The purpose of this report is to seek Councils endorsement for finalisation of the draft Orchard Hills North (OHN) Section 7.11 Contribution Plan (CP).

Securing infrastructure delivery in OHN is essential to ensuring that the development outcomes within Councils Local Environmental Plan (LEP) and Development Control Plan (DCP) can be achieved. A site-specific CP was prepared alongside a Planning Proposal (PP) for OHN to facilitate the collection of development contributions to deliver necessary infrastructure to support OHN. Local infrastructure included in the CP includes local roads, water cycle management works and open space (such as local parks and active open space).

Due to a Ministerial Direction, the plan was required to be reviewed by the Independent Pricing and Regulatory Tribunal (IPART) and the Minister for Planning and Public Spaces (the Minister) as the contribution rate is over $20,000 per lot. IPART finalised their review and provided the final recommendations to the Minister in October 2024. Council received directions on the making of the CP from the Minister’s delegate in December 2024.

The directions from both IPART and the Minister required amendments to the CP that, combined with indexation, increase the cost of the CP by approximately $25 million. This equates to a total cost of $141,704 per residential lot, which is an increase of $12,002 per lot from the exhibited CP. The increase in costs is a direct result of IPARTs review of the plan and this increase was exhibited as part of the IPART review process.

To collect development contributions above $20,000 per lot, Council must adopt the plan in accordance with the direction received from the Minister. The recommendations and proposed amendments to the CP are found to be reasonable.

The finalisation and implementation of the CP is positive step toward securing the funds and mechanisms to deliver the critical infrastructure to support the development of the precinct. The CP is provided at Attachment 1.

Background

Orchard Hills North

The rezoning of Orchard Hills North was considered through a PP lodged by Legacy Property. The preparation of the CP and negotiation of the VPA began throughout the PP process. At its Ordinary Meeting of 27 June 2022, Council considered a report on the OHN PP, draft Development Control Plan (DCP), draft CP and draft VPA Offer and resolved that the PP and associated documents be placed on public exhibition. The PP and supporting information were placed on notification from 25 July to 22 August 2022.

An amendment to Penrith Local Environment Plan (PLEP) to facilitate the rezoning was gazetted on 30 June 2023 and took effect on 1 October 2023.

The PLEP amendment included Clause 6.3A which requires the Planning Secretary's (Secretary of the Department of Planning, Housing and Infrastructure) concurrence to the approval of any Development Application (DA), unless a CP or VPA applies to the land. This is to ensure that a mechanism for the delivery of infrastructure is available to support the development prior to DAs being approved.

Development in Orchard Hills North

Legacy Property is the major landowner in OHN, with a landownership of 28 existing properties to be developed across 15 stages. This will result in a development yield of approximately 1,500 residential lots and 4.4ha of non-residential development.

In lieu of a CP being in force, Council officers have worked with Legacy to ensure that as development applications are progressed, each stage is supported by the required infrastructure, through the negotiation of offers to enter into a VPA that is consistent with the CP.

At this time, two stages of Legacy’s development have been approved, Stage 1 (DA23/0969) - 89 lots and Stage 2 (DA24/0041) – 72 Lots. To satisfy Clause 6.3A, a condition of consent acknowledges the offer to enter into a VPA and requires the execution of this VPA prior to the release of certain development certificates (subdivision certificate and a subdivision works certificate)

Legacy currently has a further three DAs for residential lot subdivision under assessment - Stages 3, 4a, 5 & 6. A letter of offer to enter a VPA is also being assessed to support these DA’s and the provision of the facilitating infrastructure for the development. There has been pre lodgements for future DA’s regarding later stages and key infrastructure items identified in the CP.

Until the CP is adopted, development cannot be approved in OHN unless an offer to enter into a VPA has been agreed by parties. This has been a suitable mechanism in relation to Legacy Property controlled land, however, this may not be suitable for other land, where no infrastructure is required and instead, a contribution is payable under the CP. There are approximately 20 existing lots to be developed that are outside the ownership of Legacy Property. A DA is under assessment for one of the lots outside of Legacy ownership.

The adoption of the CP will enable Council to charge development contributions and collect funds in order to deliver infrastructure, such as open space facilities. It will also enable development applications to be determined without the need to enter into a VPA.

Having a CP in place will also assist in VPA negotiations as there is a clear line of sight to the infrastructure required to support development.

The adoption of the CP does not prevent applicants from seeking to enter into a VPA or Works in Kind Agreement to deliver infrastructure on Council’s behalf. The adoption of the CP provides greater certainty for developers and Council on contribution rates and infrastructure costs.

Preparation of CP and IPART Review

At its Ordinary Meeting of 12 December 2022, Council endorsed the CP to be forwarded to IPART for a formal review, subject to amendments to ensure it is consistent with any changes to the PP and technical studies, and updates to such matters as land valuation, staging, specifications and cost rates. Subsequently, the OHN CP was submitted to IPART on 29 September 2023.

In accordance with Ministerial Directions, where a draft CP proposes a contribution amount which exceeds the contribution cap implemented through the Act, Council is unable to adopt the CP until it has been reviewed by IPART and approved by the Minister. The contribution cap is $30,000 per lot or dwelling in identified greenfield areas or $20,000 within infill housing areas.

When the CP was submitted to IPART, they conducted a formal review of the CP. IPART released a draft report on their findings, which was open for public consultation from 7 May 2024 until 4 June 2024. A submission to the draft report was prepared and reported to the Ordinary meeting of 24 June 2024 where it was endorsed and subsequently provided to IPART for consideration.

IPART’s final report and recommendation was released in September 2024 and provided to the Minister for consideration. The nominee for the Minister has considered IPART’s advice and has directed Council to make changes prior to its adoption by Council.

Current Situation

Council received direction from the Minister’s delegate in December 2024 that amendments are required in order for Council to finalise and adopt the CP. If Council does not adopt the plan in accordance with the direction from the Minister, Council will be unable to charge greater than $20,000 per lot, creating a significant shortfall in the CP. As the CP was exhibited alongside the PP and by IPART, there is not a requirement for the plan to be re-exhibited, should Council endorse the CP with the amendments as directed. The Minister’s delegate accepted all of IPART’s recommendations, except for one, being the recommendation that Council apportion transport and stormwater land and works costs for the public-school site to residential development. The Minister also recommended an increase in costs for contingency so that Council’s risks are reduced and adjustments to indexation.

Council officers have reviewed the direction and find the amendments to be reasonable. Officers have made the amendments to the draft CP, and it has been reviewed by an external consultant.

The Amendments

The required amendments do not involve the removal of any infrastructure items or land acquisition in the draft CP, as all of the infrastructure captured in the CP was considered essential works. The amendments that increase costs are to ensure potential risks to Council in delivering works are managed.

As a result of the amendments recommended by IPART and the Minister, combined with indexation, the total cost of infrastructure under the plan is $243,676,668, an increase of $25,678,218.

A high-level summary of the amendments is provided below.

Amendment	Implication	Cost adjustment
Increase the proposed contingencies in the estimated costing for stormwater, transport and open space infrastructure	This recommendation will mitigate potential financial implications as the use of an appropriate level of contingency allowance covers a variety of unforeseen events, including (but not limited to) site contamination, spikes in demand for labour and interruptions to supply.	This results in an approx. $5 million increase to the CP.
Adjust the indexation of open space land to the base period CPI of the CP.	This is correcting a formatting error from the draft CP as the land value for open space had not been indexed to the base period of the plan.	This results in an approx. $15 million increase to the CP.
Apportion stormwater and transport costs to non-residential development (including school site).	The draft CP had only apportioned stormwater costs to non-residential development, the additional apportionment of transport costs has resulted in an increase to non-residential rates. Noting that half of the non-residential NDA these costs have been apportioned to, is the school site.	This results in an increase of approx. $4 million to the non-residential rates,
IPART recommended that the costs apportioned to the school site be absolved by the residential development, however this was rejected by the Department.	Council will not be able to collect contributions from the school site, resulting in a shortfall.	This results in a shortfall of approx. $2.4 million
Adjust the administration costs to reflect the amendments and apportionment to non-residential development.	This adjustment is reflective of the other amendments, the administration rate is still 1.5% of the total cost of works in the CP.	This results in an increase of $257,586.

The table below identifies the changes to residential and non-residential rates should Council endorse the CP to be made with the amendments as Directed by the Minister. It is noted that the updated rates also account for the indexation changes between the draft plan index (June 23) and the current quarter (December 24).

Rate

Draft CP rate

Updated rate

Change

Residential per lot

$129,702

$141,704

$12,002

Non-residential per ha of NDA

$521,948

$1,468,138

$946,190

Financial Implications

Should Council choose not to endorse the CP with the amendments as Directed by the Minister, Council would not be able to charge over the cap, resulting in a shortfall of approximately $210 million and therefore impacting the ability to deliver the enabling infrastructure in OHN.

The draft VPA and ongoing negotiations with Legacy will limit potential financial risk by way of a VPA and secure the delivery of certain enabling infrastructure to support the development of the precinct. It is expected for Legacy to remain in a credit position until the later stages of their development, therefore Council may not receive monetary contributions from Legacy, outside of administration and District open space charges for approx. 5-10 years. Although, Council is currently assessing a DA within the precinct from another developer who is awaiting the implementation of the CP and is not seeking to deliver infrastructure works to offset contributions, this will allow Council to receive a monetary contribution into the CP to go towards the funding of infrastructure and land acquisition.

The Minister’s Delegate has directed an amendment the CP to apportion certain infrastructure costs against land identified as a future school site and apply development contributions to this land. The draft CP did not propose to apply development contributions to this land, as it was considered that the surrounding residential development generated the need for the school and that the residential development should absorb these costs. This is problematic as while the CP is required to include this land as being capable of collecting contributions, it is recognised that development by the Crown is not required to provide development contributions. IPART supported Councils approach. The impact of the direction from the Minister’s delegate is that Council is required to apportion costs to this land, however, where development by the Crown (such as for an expanded primary school) occurs, development contributions will not be paid, and this will create a shortfall in the CP. This shortfall will be managed as best as possible through entering into VPAs, to focus on achieving infrastructure delivery as works in kind. Given there is a lead developer in this Precinct, it is considered that this can be managed as the majority of works will be carried out as works in kind.

Risk Implications

The draft CP includes an array of enabling and critical infrastructure and land acquisitions required to support the development of the precinct. It is pivotal that the enabling infrastructure is rolled out in an orderly manner to ensure that as development within the precinct progress, the critical infrastructure is available to the residents.

Officers will prepare a development forecast with the assistance of internal stakeholders to indicate when enabling infrastructure is required to come online and whether it is anticipated to be the responsibility of Council to deliver.

Where possible, the provision of infrastructure and the dedication of land can occur through a VPA or Works In Kind Agreement (WIKA) in line with the relating development with the appropriate triggers and mechanisms in place to withhold the appropriate triggers and mechanisms in place to withhold the release of subdivision certificates should infrastructure not be delivered by the agreed upon time.

Conclusion

The adoption of the CP allows Council to charge development contributions, providing a clear framework for funding essential infrastructure. The amendments directed by the Minister are reasonable and necessary to manage potential risks in delivering the required works.

Financially, endorsing the CP with the amendments is critical to avoid a significant shortfall in funding, which would impact the ability to deliver enabling infrastructure in OHN. The ongoing negotiations with Legacy Property and potentially other developers through VPAs will help mitigate financial risks and ensure the timely delivery of infrastructure.

In conclusion, the adoption of the CP, with the amendments, provides greater certainty for developers and the Council, ensuring that the necessary infrastructure is delivered to support the development of OHN.

RECOMMENDATION

That:

1. The information contained in the report on Finalisation of Orchard Hills North Section 7.11 Development Contribution Plan be received.

2. Council endorses the draft Orchard Hills North Section 7.11 Development Contribution Plan for adoption.

3. A notice is to be published on Council’s website within 28 days after the Orchard Hills North Section 7.11 Development Contribution Plan has been adopted by Council, in accordance with legislative requirements under the Environmental Planning and Assessment Regulation 2021.

ATTACHMENTS/APPENDICES

1. ⇩

Orchard Hills North S.711 Development Contributions Plan

70 Pages

Attachments Included

Ordinary Meeting 28 April 2025

Amendment to Penrith Development Control Plan 2014 - 5.2 Child Care Centres and other Housekeeping Matters

Compiled by: Prudence Hudson, Senior Planner

Abdul Cheema, City Planning Coordinator

Authorised by: Christine Gough, Head of City Planning

Andrew Jackson, Director Planning and Regulatory Services

Outcome	We plan and shape our growing City
Strategy	Undertake strategic planning that will ensure balanced growth and liveability
Principal Activity	Provide advice and maintain a contemporary planning framework of land use and statutory plans

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

Executive Summary

The purpose of this report is to seek Councillors endorsement to publicly exhibit an amendment to Penrith Development Control Plan (DCP) 2014 that relates to:

• Child Care Centres – located in D5 Other Land Uses 5.2 Child Care Centres

• Minor housekeeping matters.

A holistic review of the Penrith DCP 2014 is ongoing. Chapter D5 - 5.2 Child Care Centres is being prioritised in response to immediate challenges being experienced in the assessment of Development Applications (DA) and defence of appeals within the NSW Land and Environment Court (LEC).

The amendment also includes urgent housekeeping amendments to correct minor errors and address anomalies for chapter E7 Glenmore Park Stage 3 and E17 Orchard Hills North that are impacting the assessment of Development Applications under consideration.

The draft Child Care Centres chapter (draft chapter) has undergone a significant revision of structure, a refocus on objectives and a broadening and strengthening of controls for child care centre developments. This is to enable Council to:

• Ensure future child care centre development applications are properly guided in their built form and landscaping controls, to deliver developments best suited to their settings and surroundings;

• Apply current industry standards and guidelines;

• Provide improved justification for assessment recommendations and decision making; and

• Strengthen alignment to council’s social infrastructure and strategic planning.

The key proposed changes to the E7 Glenmore Park Stage 3 and E17 Orchard Hills North chapter include:

• Minor changes to Glenmore Park Stage 3 chapter to update reference to water management strategy.

• Minor changes to Orchard Hills North chapter to correct a duplicated side setback control and provide greater clarity on first floor side setback controls for certain dwelling types within the chapter.

The revised draft chapters are provided as Attachment 1,2 and 3 for Councillors consideration.

Background

Council has experienced a significant increase in the number of child care centre development proposals over the last 5 years. Child Care Centres are made permissible in a number of land use zones through the NSW Government’s Transport and Infrastructure State and Environmental Planning Policy (SEPP) 2021 and the new NSW Child Care Planning Guideline 2021 (the Guideline).

The SEPP (Transport and Infrastructure) 2021 overrides several of Council’s current DCP controls in relation to child care centres, including site location, site area, site dimensions and materiality and finishes. However, Penrith DCP 2014 continues to apply the objectives and development controls relating to building height, side and rear setbacks and car parking rates. The Guideline includes a focus on child care centres needing to demonstrate sensitivity and connection to their settings and surroundings. In the event of an inconsistency between the Guideline and Penrith DCP 2014, the Guideline takes precedence.

Council has seen a significant influx of DAs for child care centres as a result of the amendments to the SEPP and introduction of the Guideline. In the last three years, approximately 120 Child Care DAs have been lodged. Whilst the current DCP Child Care Centres chapter includes objectives and controls regarding the built form, it is limited in its guidance regarding appropriate built form and landscaping specific to land use zones and their respective land uses, built character and aesthetics. This is resulting in some proposals demonstrating minimal consideration or inappropriate built form for their context and surroundings. Of the 120 proposals lodged in recent years, 15 have been appealed in the LEC. This equates to approximately one in eight recent proposals being contested in the LEC.

Council’s assessment team currently assesses proposals through two steps. First, considering the specific land use zoning or location of the proposal, as per Council’s Local Environment (LEP) Plan 2010 and other chapters in the DCP (i.e. residential development), and second confirming adherence or contradiction to these controls. This approach was derived from an absence of similar controls and objectives in the current Child Care Centres chapter of the DCP. This approach is no longer supported, as the LEC provided the following advice in the case of Appeal No. 20023/1048879 being Daher v Penrith City Council:

“If those controls are desired by Council, based on their assessment of child care proposals, this should really be embodied within the DCP pertaining to child care centres. This would also be a fairly simple change to the DCP and one that would also give greater clarity and certainty to proponents of child care centre developments and set an expectation and clear control on what Council considers to be necessary for a child care proposal.”

As a result, Council has been unsuccessful in the defence of a number of recent court appeals.

It is therefore appropriate, based on the LEC advice to prioritise a review of the DCP Child Care Centres chapter to ensure that Council’s expectations are clear. It will:

• Ensure built form, design and landscaping elements for child care centres are aligned to the development and social infrastructure outcomes expected by Council

• Support the delivery of child care centres with structures and landscaping sensitive to their context, and which operate cohesively in their surroundings

• Provide proponents with improved guidance and support in their applications and limit ambiguity in assessment making

• Reduce the number and complexity of appeals, assisting Council in its legal defence and alleviating cost burdens.

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

Current Situation

Key Changes to DCP Chapter 5 Other Land Uses – 5.2 Child Care Centres

Changes proposed in the chapter are outlined below.

1. Chapter restructure:

Chapter 5.2 Child Care Centres in the Penrith DCP (2014) incorporates generic parameters across all land use zones, with the exception of minimal controls for ‘work based child care centres’ (i.e. child care centres located in business or industrial areas). Limited guidance regarding consideration of the surrounding context and landscaped areas has resulted in some proposals not reflecting the attributes or desired character of their land use zoning. It is also challenging for council officers to assess and provide justifiable feedback utilising only the current DCP Child Care Centres chapter.

The draft chapter is restructured to identify and refer to three groupings of land use zones, based on similar environmental qualities and land use objectives in the Penrith LEP 2010:

• Employment and Mixed Use Zones;

• R5 Large Lot Residential and C4 Environmental Living Zones; and

• All other Residential Zones.

This will ensure that the DCP controls more appropriately respond to the land use zones and the corresponding objectives (i.e. for character as well as operations) of the zones.

Employment and Mixed Use zoned areas:

Including E1 Local Centre, E2 Commercial Centre, E3 Productivity Support, E4 General Industrial Support and MU1 Mixed Use land use zones. This section is substantially expanded to now include controls for site suitability, settings and structures, set backs and traffic and parking.

In these land use areas, child care centre controls require special consideration to ensure industry and commercial services can continue, while child care centres can also operate at the optimal enjoyment and safety for children. For example, a proposal for a child care centre in these zones must now also address:

• Resolution of appropriate access, circulation, safety and security between varied land uses within a mixed-use development. This includes views from within the site and from adjoining properties into the development, specifically outdoor play areas;

• Access for parents and caregivers to drop off/pick up children; and

• Location and arrangement of outdoor play areas which do not adversely impact other tenancies within the development as well as adjoining properties.

R5 Large Lot Residential and C4 Environmental Living zoned areas:

In Penrith LEP 2010, these land use zones have a strong focus on the retention or minimal impact to their unique rural values, aesthetics and character.

The draft DCP proposes clear development objectives and controls for child care proposals in these land use zones, ensuring improved correlation with their unique values, quality, character and aesthetics. For example, the following controls apply to all child care centre proposals across Penrith LGA:

• The scale and character of the development shall be compatible with surrounding development

• In residential areas, the built form of the child care centre shall be sympathetic to adjoining development in terms of height, bulk and scale.

In the draft chapter, these controls are revised to more specifically consider the unique rural and environmental attributes of R5 Large Lot Residential and C4 Environmental Living zoned areas. For example:

• A proposal generally will not be supported if it has not had sufficient regard to the environmental attributes of the site and surrounds including the design of the built form, spatial arrangement of built form and services and retention and protection of existing vegetation.

• The scale of a proposed childcare centre development must be proportionate to dimensions and characteristics of the site. This is required to ensure that a sympathetic development form is proposed.

All other Residential land use zones:

Including R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential and R4 High Density Residential land use zones. Controls have been strengthened through:

• An expansion of the control categories now considered. For example, Built Form controls are proposed to specifically consider Front Setbacks, Corner Setbacks, Rear Setbacks, Building Envelope and Side Setbacks, Outdoor Play Areas and Fencing; and

• Improved correlation with related residential chapters in the Penrith DCP 2014 and land use objectives outlined in Penrith LEP 2010.

This will ensure that Council’s assessment officers have adequate provisions within the amended DCP Child Care Centres chapter to inform and justify their assessments, and do not rely primarily on controls located in the DCP’s residential chapters. This responds directly to LEC advice following the case of Appeal No. 20023/1048879 being Daher v Penrith City Council (see previously).

2. Objectives hierarchy:

In the draft chapter a list of overarching or general objectives for child care centres that apply to all land use zones has been collated and revised.

These general objectives include a combination of new, retained and revised objectives from the Penrith DCP 2014. As a set, these objectives reduce duplication across the chapter and provide a more holistic approach to child care centre planning. The new objectives consider:

• Planning frameworks (with regard to the assessment of DAs)

• Demand

• Site suitability, surrounds, design and safety

• Vehicular and pedestrian access.

An overarching and holistic set of objectives will support Council to elevate and contemporise discussions with proponents regarding the strategic planning and delivery of child care centres.

3. Objectives and Controls:

In the draft chapter, controls have been reconfigured and expanded to better relate to the land use zone groupings, improve readability and strengthen objectives and controls for built form elements.

The revised objectives and controls focus on minimising the potential for land use conflicts, improved design relative to the surrounding landscape and compliance with current Council and industry standards.

As mentioned previously, the SEPP (Transport and Infrastructure) 2021 overrides several built elements in the Penrith DCP 2014, but not building height, form and setbacks. These controls and associated objectives have been significantly expanded and strengthened to better reflect Council’s expectations for development and correspond with other significant built and design elements such as landscape design, landscape area and vehicular access, circulation and parking.

4. Removal of non-supported development controls:

The current DCP includes a list of child care centre features that are not supported by Council, such as locating child care centres in cul-de-sacs or at intersections. This creates complications in proposals as it is interpreted that all features not listed are therefore supported and limits discussions with proponents as proposals progress.

The Draft DCP proposes to amend the wording for proponents to ‘avoid’ certain elements which will support more practical discussions based on the constraints and opportunities of individual proposals, in conjunction with a stronger set of controls overall.

5. Removal of capacity triggers:

In the current DCP, a child care centre enrolment of 40 children triggers the possibility that a Traffic Impact Assessment (TIA) may be required. There is also a location-based control aligned to child care centre demand.

The draft amendment removes all reference to enrolment triggers and mandates that Transport Impact Assessments are required. This will ensure understanding of potential transport impacts, mitigation and management for all proposals, as well as removing any inconsistencies with Council’s social infrastructure benchmarks regarding the provision of child care centres.

Housekeeping changes to Chapter E7 Glenmore Park Stage 3 and E17 Orchard Hills North

Key changes to DCP Chapter E7 Glenmore Park Stage 3.

The chapter currently references a Water Cycle Management Strategy Report dated April 2023. This report has now been updated. The purpose of this amendment is to:

• Update the chapter to reference the updated report Water Cycle Management Strategy Report- Post Rezoning Glenmore Park Stage 3 (GP3), prepared by J. Wyndham Prince, Revision E, (dated 9 October 2024); and

• Make minor changes to the Water Management section of the chapter to align with the October 2024 Water Cycle Management Strategy.

A copy of the draft amendment to Chapter E7 Part C Glenmore Park Stage 3 of the DCP is provided as Attachment 2 for Councillor’s consideration. The addition/deletion changes are shown in blue/red.

Key changes to DCP Chapter E17 Orchard Hills North

The purpose of this DCP amendment is to:

• correct an error in Residential Development section of the chapter. The current chapter, in Table E17.10, shows the control for the front setback, duplicated for the side setback. It is proposed to replace the duplicated control with an appropriate side setback control for this dwelling type (being 0.9m side setback for the ground floor and 1.2m side setback for the first floor).

• to correct the label for Table E17.9, that refers to lots greater than or equal to 10m (≥10m) which is in conflict to Table E17.8, that refers to lots 8.5m – 10m. It is proposed to update the label for Table E17.9 to show “>10m – less than 15m wide lots – front access dwellings”.

• the DCP will be updated to make it easier to find existing first floor side setbacks for built to boundary dwellings on certain lots.

A copy of the draft amendment to Chapter E17 Orchard Hills North of the DCP is provided as Attachment 3 for Councillor’s consideration. The addition/deletion changes are shown in blue/red.

Financial Implications

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

Risk Implications

The absence of planning controls within Council’s DCP 2014 Child Care Centre chapter that respond to the land use zone and context is leading to an increasing volume and momentum of appeals being raised in the LEC.

Recent LEC decisions are resulting in developments of inappropriate built scale, inconsistent character and aesthetics and little regard to surrounding land uses. If the DCP is not amended, Council’s position in LEC appeals is compromised. The proposed amendments seek to decrease legal appeals on assessment decisions and therefore reduce legal costs. It also seeks to improve Council’s legal position in the event appeals are lodged in the future.

Conclusion

Council officers have initiated a review of the Penrith DCP 2014. The preparation, review and exhibition of a revised Chapter 5 Other Land Uses – 5.2 Child Care Centres is being progressed ahead of the broader DCP review, as the current content has led to numerous proposals being in front of the NSW LEC.

This Glenmore Park Stage 3 and Orchard Hills North DCP amendments seeks to correct minor housekeeping matters.

The next stage of the process is for Council to endorse the proposed DCP changes to progress to public exhibition to seek feedback on the amendments.

RECOMMENDATION

That:

1. The information contained in the report on Amendment to Penrith Development Control Plan 2014 - 5.2 Child Care Centres and other Housekeeping Matters be received.

2. Council endorse the Draft Penrith Development Control Plan 2014 Chapter 5 Other Land Uses - 5.2 Child Care Centres; Chapter E7 Glenmore Park Stage 3; and Chapter E17 Orchard Hills North for public exhibition

3. The General Manager be granted delegation to make any minor changes to the draft amendments prior to exhibition in accordance with Council’s endorsed policy.

4. The draft amendments be publicly exhibited, in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979 and associated Regulations and Councils Community Participation Plan.

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

ATTACHMENTS/APPENDICES

1. ⇩	AMENDED Penrith DCP 2014 - D5 5.2 Other Land Uses Child Care Centres	28 Pages	Attachments Included
2. ⇩	Draft amendment to E7 Part C Glenmore Park Stage 3 DCP Chapter	89 Pages	Attachments Included
3. ⇩	Draft amendment to E17 Orchard Hills North DCP Chapter	80 Pages	Attachments Included

Ordinary Meeting 28 April 2025

Draft VPA for Stage 1 and 2 of Legacy Property development in Orchard Hills North

Compiled by: Claudia Amendolia, Planner

Natalie Stanowski, City Planning Coordinator

Authorised by: Christine Gough, Head of City Planning

Andrew Jackson, Director Planning and Regulatory Services

Outcome	We plan and shape our growing City
Strategy	Undertake strategic planning that will ensure balanced growth and liveability
Principal Activity	Ensure services, facilities and infrastructure meet the needs of a growing population through the contributions framework

Previous Items: 3- Draft S7.11 Contribution plan and Voluntary Planning Agreement for Orchard Hills North- Councillor Briefing- 14 Apr 2025 At the conclusion of the Policy Review Committee Meeting

4- Orchard Hills North Planning Proposal- Ordinary Meeting- 12 Dec 2022 7:00PM

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

Landowners and developers:

· LegPro Orchard Hills Stage 1 Pty Ltd

· LegPro Orchard Hills Stage 2 Pty Ltd

Executive Summary

The purpose of this report is to seek Council’s endorsement of a draft Voluntary Planning Agreement (VPA) sought by LegPro Orchard Hills (Legacy) to support the delivery of infrastructure associated with Orchard Hills North (OHN) Urban Release Area.

The draft VPA seeks to facilitate the delivery of infrastructure, and the dedication of land identified within the Orchard Hills North Contributions Plan (CP) (concurrently recommended for adoption at the Ordinary Meeting of 28 April 2025), along with additional public benefits previously negotiated between Council and the developer during the assessment of the Planning Proposal (PP). The draft VPA is to support stages 1 and 2 of the development and secure the additional public benefits that are outside the scope of the CP. The VPA ensures that the final value of contributions and offsets will be consistent with the finalised CP, once adopted.

Legacy’s proposed development in OHN covers a total of 28 properties. The draft VPA only includes stages 1 and 2 which is owned by Legacy. As Legacy’s ownership within the precinct grows, the draft VPA shall be amended to incorporate the additional lots and stages.

The value of infrastructure and land dedication within the initial VPA is approximately $24 million. Legacy’s contribution requirements payable under the CP for the proposed development within the initial VPA is approximately $22 million. The initial surplus will be carried forward and apply to future stages as the development progresses.

The draft VPA has been reviewed against the OHN CP, as recommended for adoption, and Penrith’s Developer Infrastructure Agreements Policy (PDIAP) and found to be consistent and acceptable and will facilitate the construction of a new release area. A copy of the draft VPA is provided as a separate enclosure.

Background

An amendment to Penrith Local Environment Plan (PLEP) to facilitate the rezoning was gazetted on 30 June 2023 and took effect on 1 October 2023.

The PLEP amendment included a new Clause 6.3A which requires the Planning Secretary's (Secretary of the Department of Planning, Housing and Infrastructure) concurrence to the approval of any DA, unless a CP or VPA applies to the land. This is to ensure that a mechanism for the delivery of infrastructure is available to support the development prior to DAs being approved.

A draft CP (Section 7.11 Plan) was placed on exhibition to support the Planning Proposal. A CP is needed to ensure that the local infrastructure required to support the development outcomes sought by the planning proposal will be delivered and creates a funding source for Council. Local infrastructure included in the CP includes local roads, water cycle management works and open space (such as local parks and active open space).

A Ministerial Direction is in place which Council is required to comply with as the cost of infrastructure to support the development was over $20,000 per lot. To comply with Ministerial Directions, Council was unable to make the CP until:

• The CP had been reviewed by IPART to ensure monetary costs were reasonable; and

• the Minister, after considering the IPART review, directs Council to make the LEP.

IPART released their final report in October 2024, which provided the final recommendations for the Minister’s consideration. The directions from both IPART and the Minister required amendments to the CP that increase the cost of the CP by approximately $25 million. These changes result in the contribution per residential lot increasing by $12,002 to $141,704. The increase in costs is a direct result of IPARTs review of the plan, which was exhibited as part of their assessment process.

Legacy Property is the major landowner in OHN, with a landownership of 28 properties to be developed across 15 stages. This will result in a development yield of approximately 1,500 residential lots and 2.2ha of non-residential development.

Council officers have worked with Legacy to ensure that as development applications are progressed, each stage is supported by the required infrastructure, through the negotiation of offers to enter into a VPA that is consistent with the CP.

Two stages of development have been approved, Stage 1 (DA23/0969)- 89 lots and Stage 2 (DA24/0041) – 72 Lots. To satisfy Clause 6.3A, a condition of consent acknowledges the offer to enter into a VPA and requires the execution of this VPA prior to the release of certain development certificates (subdivision certificate and a subdivision works certificate)

Legacy currently has a further three DA’s under assessment - Stages 3, 4a, 5 & 6. A letter of offer to enter a VPA is also being assessed to support the provision of the facilitating infrastructure for the development. There have been pre-lodgement meetings for future DA’s regarding later stages and key infrastructure items identified in the CP. Importantly, the VPAs will enable infrastructure to be delivered on behalf of Council, consistent with the CP.

The Draft VPA

The offer to enter into an agreement was accepted on 20 December 2024 in accordance with Council’s policies and procedures. This enabled Legacy to prepare a draft VPA.

The draft VPA was submitted by Legacy in January 2025. The value of the draft VPA is approximately $24 million. In summary, the draft VPA seeks to deliver:

1. Infrastructure items included within the draft CP that applies to Stages 1 and 2,

2. Land dedication for infrastructure items delivered through the VPA (approx. $22m),

3. Additional public benefits which Legacy committed to throughout the PP process that are outside the scope of the CP, including:

a. monetary contributions towards a community facility ($750,000) and resurfacing of Frogmore Road ($211,985),

b. the provision of pedestrian crossings to Caddens for early open space access (at developers cost),

c. Caddens road resurfacing (at developers cost) and,

d. the provision of public art in Open Space 8 to the value of $335,000.

4. A Mechanism for consideration of contribution credits against the satisfaction of contribution obligations, meaning that Legacy will deliver works on behalf of Council and receive a credit for the works they undertake.

Assessment of Draft VPA

Penrith Developer Infrastructure Agreements Policy (PDIAP) guides Council, developers and the community on matters to consider when assessing and accepting a VPA.

Overall, the land dedication and infrastructure proposed are in accordance with the schedule of works within the draft CP and the draft VPA provides a suitable mechanism for the delivery of supporting infrastructure for Legacy’s development within the precinct.

The values of infrastructure and land within the draft VPA are to be consistent with the finalised CP.

The draft VPA has been prepared so that it can incorporate further stages as development progresses.

Development Contributions, Offsets and Credits

As the draft VPA only applies to stages 1 and 2 of Legacy’s development in OHN, the value of infrastructure delivered and land dedicated exceeds the value of contributions payable, if the contributions plan applied. Legacy will have a surplus credit of approximately $880,000. The draft VPA will recognise this and allow for contributions credits to be recognised and applied to future stages of Legacy’s development within the precinct. It is expected that later stages of the Legacy development will be required to pay development contributions, where offsets are no longer available.

Infrastructure Delivery and Land Dedication

The draft VPA secures the delivery and dedication of works and land. Officers have worked with Legacy to develop triggers to ensure that the staging and delivery of infrastructure is orderly and sufficient in supporting the proposed development of stages 1 and 2 within the precinct.

Security

The draft VPA ensures that security is provided for each component of the works in an amount equivalent to 125% of the agreed value of the works. This ensures adequate security provisions that Council can call on if works are not delivered. The draft VPA also ensures that the agreement is registered on title and the triggers for delivery of infrastructure within the contribution schedule enables the ability for the restriction of release of certificates. It is noted that Legacy at this time, have not sort to apply for an alternative consideration of security, under Councils recently amended PDIAP.

The draft VPA includes an additional clause allowing the bonding of incomplete works to enable the release of certificates. This will be subject to a merit assessment by Council officers and the acceptance is at Councils discretion.

Financial Implications

While Legacy is providing the enabling infrastructure to support their development within the precinct, there are additional infrastructure items in the CP which Council will have to deliver to support the overall development of the precinct. It is noted that Council will not be in receipt of a monetary contribution from Legacy until the later stages of Legacy’s development. While it is not anticipated for these items to be required prior to the Council being in receipt of monetary contributions under the CP, should the infrastructure items be required to unlock land for development, Council will have the ability to borrow from an existing contribution plan or loan fund the infrastructure items.

Risk Implications

The provision of infrastructure and the dedication of land through the draft VPA is consistent with the staged approach to DAs and appropriate triggers and mechanisms are in place to withhold the release of residential subdivision certificates should infrastructure not be delivered by the agreed upon time.

Next steps

Should Council endorse the draft VPA for public notification, it will be placed on public notification for 28 days in accordance with the Environmental Planning and Assessment Regulation 2021 and Penrith Development Infrastructure Agreements Policy. Notification will include publishing the draft VPA on Council’s Your Say page and the DPHI Planning Portal, along with a newspaper advertisement in the Western Weekender.

Following the notification period, if any submissions are received in response to VPA matters, a further report will be prepared for Council. This report will provide details of submissions received and seek the endorsement of the execution of the draft VPA, where any issues raised have been addressed. Where no submissions are received or where a submission does not relate directly to specific matters negotiated for the VPA, the draft VPA will be executed.

Future reporting of amendments to the VPA as Legacy’s land holdings grow, which will incorporate future stages and enabling infrastructure within the precinct.

Conclusion

In conclusion, the draft VPA has been reviewed against the draft OHN CP and PDIAP and is found to be consistent, acceptable and will facilitate the development of a new release area, providing new housing and supporting infrastructure to future residents.

The finalisation of the CP and notification and eventual execution of the VPA are essential to the successful development of the OHN precinct.

The draft CP will be reported to the Ordinary meeting of 28 April 2025 to seek endorsement for the adoption of the CP. The CP will serve as the means for Council to collect the funds to deliver the enabling infrastructure.

The VPA will provide a mechanism for the delivery of critical infrastructure and dedication of public land identified on behalf of Council that will support the residential development and ensure future residents are supported with appropriate infrastructure.

Negotiations with Legacy are ongoing for the later stages of their development within the precinct, the draft VPA shall be amended to incorporate the additional lots and stages. Future reports will be prepared for Council for future amendments to the VPA as Legacy’s ownership within the precinct grows.

RECOMMENDATION

That:

1. The information contained in the report on Draft VPA for Stage 1 and 2 of Legacy Property development in Orchard Hills North be received.

2. Council endorse for notification, the draft Voluntary Planning Agreement for Orchard Hills North, provided as a separate enclosure to this report.

3. The value of infrastructure and land in the VPA be updated following notification to reflect the values identified in the finalised CP once adopted.

4. A further report be prepared for Council following public notification of the draft VPA, if submissions are received that relate directly to specific matters negotiated for the VPA are received and amendments to the draft VPA are proposed.

5. Council endorses the Draft VPA for Stage 1 and 2 of Legacy Property development in Orchard Hills North for execution, where no submissions are received or submissions received do not relate to specific matters negotiated in the draft VPA, during the public notification period or no amendments are proposed.

6. If the draft VPA is to be executed, Council authorises the General Manager to finalise and sign the VPA and make any minor amendments where necessary (e.g. typographic errors, incorrect clause references, dates, and the like).

7. A further report be prepared for Council for future amendments to the VPA as Legacy’s ownership within the precinct grows.

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

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 28 April 2025

PCC2025-234 Nepean Riverbank Rehabilitation

Compiled by: Mitchell Sammut, Project Lead

Authorised by: Adam Wilkinson, Director Asset Services

Tariq Rasheed, Head of Projects

Outcome	We manage and improve our built environment
Strategy	Plan for and maintain accessible, safe and high quality infrastructure
Principal Activity	Design and deliver Council’s major capital projects

Executive Summary

A tender for Nepean Riverbank Rehabilitation, Penrith was advertised on 14 January 2025 on the VendorPanel website and closed on Wednesday 12 February 2025.

This report advises Council of the outcome of the tender process and recommends that the tender from Budget Demolition & Excavation Pty Ltd for $595,515.75 (excluding GST), be accepted to undertake Nepean Riverbank Rehabilitation, Penrith.

Background

The severe storms and flooding events of 2022 inflicted significant damage to the Nepean River Walk near the Nepean River Weir in Penrith and the existing boardwalk bridge across Peachtree Creek.

The first component of the project is the three distinct locations along the walkway that experienced substantial landslips, compromising the structural integrity of the path and posing a serious threat to public safety. The works include.

• Site Preparation

• Foundation Construction

• Gabion Wall Installation

• Surface Water Control

• Groundwater Collection

• Landscaping and Restoration

• Monitoring and Maintenance

• Reporting and Documentation

• Safety and Environmental Considerations

The second component is the Peachtree Creek Boardwalk Bridge Repair. This project aims to repair the damaged gabion supports and restore the bridge to its original condition. The works include.

• Demolition and Site Preparation

• Construction of New Gabion Supports

• Superstructure Reinstallation

• Access Path Construction

The projects are funded under NSW Public Works grant funding under the Disaster Relief Assistance Program and Council is also contributing funding from the Footpath Replacement Programme. The breakdown of the two projects is outlined in this report.

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Council Officers - Project Supervisor Nicole Barton, Senior Structural Engineer Sam Banagalage, and was chaired by Project Lead Mitchell Sammut. Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

Evaluation Criteria

Contractors for the project were required to submit their tender using the VendorPanel tendering software, which clearly defined the response required against each of the evaluation criteria.

The quotes received were assessed using the advertised evaluation criteria of:

• Company Profile

• Conformance, Acceptance and Declaration

• Business References

• Completion of Forms Tender Price submitted

• Compliance Statement

• Demonstrated Ability

• Works Method and Program

• Local Business Preference

• Quality Assurance Systems

• Environmental Management Systems

• Employment Policies

• Work Health and Safety

• Financials

Summary of Tenders Received

A total of Ten (10) tenders were received by the closing date of the advertised tender and are listed below in price order, excl GST (lowest to highest based).

Company	Lump Sum for Price	Company Address	Owners/Directors
Cockerill Contracting Pty. Limited	$583,848.95	66 Victoria Street, Riverstone, NSW, 2765	Rosina Cockerill
Budget Demolition & Excavation Pty Ltd	$595,515.75	84 Victoria Street, Smithfield NSW 2164	Samaan Habib
Azbuild Pty. Limited	$873,208.59	315 Coobah Rd, East Kurrajong, NSW 2758	Kevin Azzopardi
Axial Construction Pty Ltd	$948,505.97	78 Belmore Road Bringelly NSW 2556	Jay Stanford
RMA Group	$1,082,322.72	Unit 12/6-20 Braidwood Street, Strathfield South, NSW 2176	Ross Mitchell George Jabbour Andrew Mayes
Mack Civil Pty Limited	$1,220,611.58	5/113 Boundary Road Peakhurst NSW 2210	Karim Mahmoud
CONVIL GROUP PTY LTD	$1,440,135.98	4 Vicars Place, Wetherill Park NSW 2164	Naseem Hana
G&K Construction Services Pty Ltd	Non-conforming	14 Buchanan Street, Murwillumbah NSW 2484	Greg Hermann and Rosalie Foran
Kingsline Pty Ltd	Non-conforming	11 Success Street, Greenfield Park NSW 2176	Ms Thien Trang Thi Tran
Rare Environmental Pty Ltd	Non-conforming	31/6 Herbert St Leonards NSW 2065	Rhys Blackburn

Evaluation of the Preferred Tender

G&K Construction Services Pty Ltd - were excluded due to a number of incomplete and partially completed tender schedules which form their compliance criteria including, Quality Assurance, Environmental Assurance, Employment Schedules and Price Schedules. They also did not provide insurance documents.

Kingsline Pty Ltd - were excluded due to a number of incomplete and partially completed tender schedules and also lack of supporting documents which included, Tender schedule Quality Assurance, Environmental Assurance, Employment Schedules and Price Schedules.

Rare Environmental Pty Ltd - were excluded due to a number of incomplete and partially completed schedules which form their compliance criteria including, Tender offer form not resubmitted acknowledging all addendums included, Quality Assurance, Environmental Assurance, Employment Schedules and Price Schedules were incomplete.

The remaining seven tenders were assessed against the assessment criteria.

Cockerill Contracting Pty Limited provided a lower submitted tender than Budget Demolition & Excavation Pty Ltd however, scored lower overall factoring in price and responses. Cockerill scored lower in the areas of Key Personnel and Subcontractors and Construction Methodology and Programme. Of particular concern, there not being a detailed methodology providing an understanding of the works.

The panel determined that Budget Demolition & Excavation Pty Ltd provided the best overall value to Council based on price and responses to the assessment criteria, clearly demonstrating their suitability to undertake the project.

Budget Demolition & Excavation Pty Ltd have completed similar projects including.

• Inner West Council – Demolishing the existing dilapidated building (large single-storey, waterside restaurant structure), remediation and reconstruction of existing sandstone seawall, implementing seawall protection using sandstone boulders, excavation and concrete work for the construction of new retaining walls, slabs, footpaths and kerbs, construction of marine-grade stainless steel balustrades and fences, and landscaping and softworks - June 2023 to September 2023, total contract value $199,791.00

• Georges River Council – Foreshore reconstruction of Merriman Reserve, Kyle Bay, demolition of the existing failed timber fence and old stair treads, the removal of obsolete vegetation and existing failed rock riprap armoured wall from the shoreline, excavation of the foreshore to design profiles and levels, including the scour pad embedment zone in front of existing stormwater pipes outlets discharging into the river reconstruction of foreshore bank and scour pad with sandstone boulders, geofabric installation, construction of two new sets of sandstone logs stairs, reconstruction of marine-grade stainless steel and ACQ treated timber log fence, landscaping and softworks, February 2024 to April 2024, total contract value $200,115

• Fairfield City Council – Two pedestrian bridge embankments along Orphan School Creek, Canley Heights. The bridge was required to remain fully operational while the works were completed. The project required commissioning a cofferdam wall made of sandbags installed in a flemish bond pattern, HDPE impermeable plastic, and sandstone riprap acting as a counterweight to control the river flow upstream and maintain a safe, dry working environment within the creek while the works were carried out- March 2024 to November 2024, total contract value $1,152,050.

In addition, Budget Demolition & Excavation Pty Ltd have completed the following projects for Penrith City Council:

• Demolition and Remediation Works for City Park, total contract value $1,236,953

• Demolition of Allen Place Car Park Elements, total contract value $483,600

The recommended company, Budget Demolition & Excavation Pty Ltd was selected based on their:

1. Compliance with the tender evaluation criteria,

2. Demonstrated ability to meet Council’s requirements; and

3. Competitive price for the services offered.

The pricing from Budget Demolition & Excavation Pty Ltd is in a range consistent with opinion of probable costs when factoring in escalation of market prices in recent tenders.

Financial Implications

Assessment of the tenderers was commissioned; this included independent reference checks, financial analysis, and performance analysis on Budget Demolition & Excavation Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd. Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded.

The recommended tender cost is within budget and is funded under NSW Public Works grant funding under the Disaster Relief Assistance Program and from Council’s Footpath Replacement Programme

The estimated maintenance and operational cost requirements for the project starts at $36,330. Council’s future asset maintenance budgets and asset renewal programs will be adjusted as per Council’s Budget Guidelines at completion of the project.

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Adam Wilkinson- Director Asset Services, Adam Beggs – Head of Governance and Neil Farquharson – Chief Financial Officer were briefed by the Design and Projects team about the background and the process followed.

The TAG considered the recommendations in relation to the tender PCC2025-234 Nepean Riverbank Rehabilitation noting that the recommended tender was not the lowest price, however, the company has demonstrated their ability to meet Council’s requirements, and their proposal was considered to be the most advantageous to Council for the scale of this project. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria has been correctly applied in making the recommendations.

Risk Implications

The tender process outlined in this report includes controls regarding probity and ensuring value for Council, overseen by the Tender Advisory Group. The works will be undertaken in accordance with Work Health & Safety systems. This project will repair the existing bridge and three distinct locations along Weir Reserve with public safety a key part of the construction methodology and project plan.

Conclusion

Ten tenders were assessed against the evaluation criteria. Budget Demolition & Excavation Pty Ltd provided the best overall submission and also met the tender evaluation criteria to undertake the project. It is recommended that the tender from Budget Demolition & Excavation Pty Ltd, for the amount of $595,515.75 (excluding GST) be accepted to undertake Nepean Riverbank Rehabilitation, Penrith.

RECOMMENDATION

That:

1. The information contained in the report on PCC2025-234 Nepean Riverbank Rehabilitation be received

2. The tender from Budget Demolition & Excavation Pty Ltd, for the amount of $595,515.75 (excluding GST) be accepted to undertake Nepean Riverbank Rehabilitation, Penrith.

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

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

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 28 April 2025

Public Exhibition of Integrated Planning and Reporting Documents

Compiled by: Craig Shepherd, Corporate Planning and Performance Lead

Ben Collins, Strategic Finance Manager

Lawrence Hennessy, Corporate Strategic Lead

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

Neil Farquharson, Chief Financial Officer

Kylie Powell, Director Futures and Strategy

Matthew Bullivant, Director Corporate Services

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

Executive Summary

The purpose of this report is to present the Draft Penrith 2041+ Community Strategic Plan (Attachment 2), Draft 2025-29 Delivery Program incorporating the Draft 2025-26 Operational Plan (Attachment 1) and Draft 2025-26 Fees and Charges (Attachment 3) as well as the Draft 2025-35 Resourcing Strategy (separate enclosure) documents to Council, seeking endorsement to be placed on public exhibition from 1 May to 28 May 2025.

It is an exciting time for our City, at the centre of one of Australia’s fastest growing regions with the opportunities that this offers for our community now and into the next decade. Our community has told us that they love the special qualities of Penrith – both the people and our place - and they are positive about the future of Penrith with the opportunities ahead.

Our community has told us about their vision for the City, through a broad engagement process that included the people who live and work here, those with businesses and those who are our strategic partners. This has been captured in the Draft Penrith 2041+ Community Strategic Plan which can be found at Attachment 2.

We have also heard from our community that the changes that we are experiencing as a City, whilst exciting, also have challenges. Like Council, the community expects that growth will be responsibly managed to ensure that everyone continues to have access to a diverse range of local jobs; better transport and access around our City and across the region; vibrant centres and safe neighbourhoods where communities can connect and thrive; housing choices as our families grow and then change; and responsible management of our assets and resources. This means that we need to look carefully at our strategy for managing existing and future assets and resources to ensure a prosperous and cohesive City now and into the future.

Like all Councils that are experiencing growth, we are challenged by our ageing assets, many of which are coming to the end of their life cycle. Coupled with this, we have seen from the success of facilities such as the recently opened Gipps Street Recreation Precinct and Regatta Park, that our community is keen for newer and well-maintained assets with a high level of amenity and connectivity. Providing this level of service across the many ageing assets raises challenges for our Council as we struggle to match our available resources to the aspirations of our community. Council is not immune to the rising cost of living, and the impost that this has on our services from maintenance and construction of new assets through to the delivery of services.

These challenges have been apparent in our Long-Term Financial Plan (LTFP) for some time and Council has managed our finances, making prudent and strategic decisions regarding the development of our assets and services within the available resources. With a deficit identified in the next financial year, as previously forecast by our LTFP it is now clear that to maintain existing assets and service levels and respond to increasing community expectations we will need to continue to evolve our financial strategy. Our strategy looks at all aspects of our operations including service levels and a range of alternative or increased revenue streams while we engage closely with our community to deliver their vision for the city.

This vision is reflected in the Draft Penrith 2041+ Community Strategic Plan (Attachment 2) which also speaks to the aspirations, priorities and expectation of our community.

Also attached is the Draft 2025-29 Delivery Program incorporating the Draft 2025-26 Operational Plan (Attachment 1) and Draft 2025-26 Fees and Charges (Attachment 3) as well as the Draft 2025-35 Resourcing Strategy (separate enclosure).

These documents provide a complete picture of our proposed activities, resources, challenges and spending. They are a work in progress as we seek to incrementally improve our approach over time in response to the expectations of our elected representatives and the community.

A report summarising the outcomes of the public exhibition and seeking Council’s adoption of the Draft Penrith 2041+ Community Strategic Plan, Draft 2025-35 Resourcing Strategy, Draft 2025-29 Delivery Program incorporating the Draft 2025-26 Operational Plan and Draft 2025-26 Fees and Charges, will be presented to Council at the June 2025 Ordinary Meeting.

Background

The Integrated Planning and Reporting (IP&R) Framework is mandated by the NSW State Government for all Councils. The framework requires councils to demonstrate how they will deliver on the community’s vision, aspirations, needs and expectations.

Whilst IP&R is a statutory requirement, we strive to go beyond this to engage and clearly and openly communicate with our community and other stakeholders to provide a complete picture of all our activities, resources, achievements, challenges and spending. We seek to review and improve our processes and documents over time, in line with the aspirations of our community and the expectations of Council.

The key components of the framework being the Draft Penrith 2041+ Community Strategic Plan, Draft 2025-29 Delivery Program incorporating the Draft 2025-26 Operational Plan and Draft 2025-26 Fees and Charges as well as the Draft 2025-35 Resourcing Strategy are being presented to Council, seeking endorsement for the documents to be placed on public exhibition. Following the exhibition, details of all submissions received, and responses will be presented to the Ordinary Meeting of Council scheduled for 23 June 2025.

The Draft Penrith 2041+ Community Strategic Plan (CSP) is the highest-level plan that Council prepares on behalf of the community and covers a minimum of 10 years. Council acts as both curator and custodian, collaborating with partners including governments, state agencies, non-governmental organisations, community groups, and individuals to ensure effective delivery. It is reviewed, renewed and or updated every 4 years by the incoming Council. Through a robust engagement process outlined in the attached document, it identifies the community’s priorities and aspirations for the future, articulates five strategic, community directions and the strategies to meet them. The CSP guides all Council’s planning and reporting for the next four years.

The Draft CSP identifies at a high level the community’s vision, priorities and aspirations that guide Council’s long-term planning and strategies to achieve them. These are identified under 5 Strategic Directions:

· Strategic Direction 1: Nurture our environment

· Strategic Direction 2: Support our wellbeing

· Strategic Direction 3: Shape our growing city

· Strategic Direction 4: Provide for our lifestyle

· Strategic Direction 5: Work together

The strategies that sit under these directions form the basis for what Council will undertake to deliver the Community’s long-term goals.

In order to measure and track performance against the community’s desired outcomes for the city and its place in a broader context, local, regional and global indicators are included in the plan. In addition to this, Council has taken an approach to include key city metrics as indicators of progress.

The draft CSP has been developed following extensive community and Council engagement. Its standards meet the best practice criteria as set out in the Office of Local Government’s IP&R Framework guidelines. In accordance with those guidelines, it addresses the “quadruple bottom line” (QBL) social, environmental, economic and civic leadership in an integrated manner.

Strategies articulated in the CSP that Council has direct control and responsibility for are further defined and implemented through Council’s Delivery Program and Operational Plans.

The Draft 2025-29 Delivery Program is Council’s 4-year commitment to contribute to the Strategic Directions and Strategies in the Draft Penrith 2041+ Community Strategic Plan and identifies Council’s Principal Activities for the next four years. The Delivery Program seeks to balance addressing the aspirations and expectations of our community with the growth trajectory of our city within the context of our resources.

The Draft 2025-26 Operational Plan is the first instalment of the 4-year 2025-29 Delivery Program and contains specific actions for 2025-26 that aim to continue effective service delivery and progress actions for each Principal Activity. A Deficit budget position is reported in the Draft 2025-26 Operational Plan. In developing the Draft 2025-26 Operational Plan, detailed workshops have been held with Councillors on 10 March and 7 April 2025 on the development of the 2025-26 Budget, Draft Fees & Charges, and to detail the Rates Structure options available.

The Draft 2025-35 Resourcing Strategy is a technical document that speaks to how Council will allocate its resources - time, money, assets and people - to deliver the strategies, activities and actions under its responsibility as articulated in the Community Strategic Plan, Delivery Program and Operational Plan.

The Draft 2025-35 Resourcing Strategy is a supporting technical document that assesses the resources needed to meet community needs and expectation. Recognising that these cannot all be met immediately the strategies and plans that sit under the umbrella of the Resourcing Strategy outline how to address needs over the next 10 years, identifying service and facility costs and funding methods.

The Draft 2025-35 Resourcing Strategy demonstrates how Council will manage its assets, people and finances to ensure it has the capacity to deliver on the principal activities and actions identified in the Draft 2025-29 Delivery Program and the next four years of Operational Plans. Through these, Council will make progress towards meeting the community’s vision and aspirations outlined in the Draft 2041+ Community Strategic Plan.

The Resourcing Strategy consists of three components:

· Long Term Financial Plan

· Workforce Management Strategy

· Asset Management Policy, Strategy and Plans

Our current Digital Strategy has been superseded, and Council is now in the process of developing a new plan for its critical digital assets. This strategy, whilst not mandated as part of the Resourcing Strategy, will be included when completed.

The Draft 2025-26 Fees and Charges component provides full details of Council proposed fees and charges (Attachment 3).

Together these documents guide Council’s operations to understand and deliver the services and facilities our community needs, and improve Penrith as a place to live, work and visit. All documents include indicators to measure our progress, which are reported on in six monthly progress reports, the Annual Report and the State of the City Report (formerly End of Term Report).

Budget Background

In the current financial year strong financial management of Council’s Budget has been maintained throughout the first half of 2024-25 with a balanced budget currently predicted. The current 2024-25 Operational Plan will continue to be closely monitored for the remainder of the financial year, with Council’s commitment to strong budgetary control ensuring that we are in the best position possible for 2025-26.

The Draft 2025-26 Budget process has produced a Deficit of $3.026m.

The projected deficit represents the cumulative impact of the growth of the organisation, an ageing asset base, and continued provision of services at the level expected by the community. The deficit has also been foreshadowed in recent iterations of Council’s Long Term Financial Plan and will require Council to review asset and service levels, and consider a range of alternate or increased revenue streams to be able to continue providing the level of service the community expects.

Council officers will continue to monitor for opportunities to reduce the budgeted deficit as the 2025-26 year progresses.

To clarify our direction the financial strategies implemented to improve our financial capacity have been summarised under the acronym “Sustain”.

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These seven strategies will provide a framework to guide our approach, set outcomes, assist in decision making, and measure success in achieving ongoing financial sustainability.

Budget and Revenue Policy, and Statutory Statements

The Annual Budget, Revenue Policy, and financial commentary are contained in the Draft 2025-26 Operational Plan. This section of the document includes information regarding Rating Income, Waste Management, Borrowings, Grants, Reserves, Asset Replacement Programs, and Capital and Operating Projects.

The Draft 2025-26 Budget is summarised below:

	2024-25 Original Budget $'000	2025-26 Draft Budget $'000	% Change

Income
Rates	164,029	171,953	4.8
Fees & Charges	62,887	69,752	10.9
Domestic Waste Charges	47,139	49,736	5.5
Grants & Contributions	63,760	113,770	78.4
Net Reserve Movements	(2,141)	(31,731)	1,382.1
Other Income	21,341	20,856	(2.3)
Total Income	357,015	394,336	10.5

Expenditure
Employee Costs	155,025	163,468	5.4
Materials,Contracts & Other	120,157	120,629	0.4
Interest Paid	1,106	955	(13.7)
Principal	5,015	3,988	(20.5)
Capital Works	75,712	108,321	43.1
Total Expenditure	357,015	397,361	11.3

Net Budget Position Surplus/(Deficit)	0	(3,025)

Incorporated into the consolidated budget position presented above is all Domestic Waste related income and expenditure, The Domestic Waste Charge Expenditure for 2025-26 is estimated to be $46,918,632 and includes collection costs, processing and disposal costs, strategy development, compostable bags, Gipps Street monitoring and maintenance, customer service, education, staffing, allocation to roads and a large number of other components. Domestic Waste Income is anticipated to be $50,260,130 and includes domestic waste charges, interest income and other related revenue, the net result of $3,341,498 is transferred to the Domestic Waste Reserve to cater for future needs such as procurement costs, planning, new technologies and buffering the Domestic Waste Management Charge for any future substantial increases required.

It should be noted that 10% of Council’s fees and charges (123 out of a total 1,219 fees) are Statutory in nature. Council therefore has no discretion in the setting of these fees, and prices are set to comply with statutory legislation.

Council Rates for 2025-26

Rates Increase - IPART Rate Peg

In October 2024 the Independent Pricing and Regulatory Tribunal (IPART) announced a rate peg for Penrith City Council for 2025-26 of 3.9%. The rate peg is based on four factors:

1. Base cost change: Labour, asset and other operating costs set at 3.6% for all councils.

2. Emergency Services Levy: Year-on-year changes in council ESL invoices and some previous costs not captured in the rate peg when these increases were subsidised. Set at 0.1% for Penrith City Council.

3. Local government election costs: Costs of running the 2024 local government election to be recovered in 2025-26 financial year. Set at 0.2% for Penrith City Council.

4. Population Growth: Excludes prisoner populations, deducts the change in supplementary valuations and adjusts for COVID-19 impacted populations. Set at 0% for Penrith City Council as supplementary valuations income % exceeded the population increase %.

Councils can adopt the rate peg or apply to IPART for a higher increase under a Special Rate Variation (SRV). It is proposed that Council will adopt the 3.9% rate peg increase for 2025-26.

General Revaluation of Land Base Date 1 July 2024

The Valuer General has recently provided the General Valuation of land for our Local Government Area (LGA) with a Base Date of 1 July 2024, and the new land valuations will be used for the assessment of rates from 1 July 2025.

Most land valuations in the Penrith LGA have increased since the last re-valuation in 2022. Throughout the City, land values have increased on average by 7% but this differs between different rating categories and different locations. The biggest increases were for land around the airport and the rezoned and proposed rezoning areas in Orchard Hills. There were some suburbs where valuations on average reduced with Londonderry and Agnes Banks seeing an approximate 5% reduction and Mount Vernon seeing a 4% reduction.

The revaluation does not affect Council’s overall rates income. It does however redistribute the rates income throughout the city, with a change in rates payable in 2025-26 generally dependent on the relative valuation change compared to the average valuation increase. The 3.9% rate peg means on average, rates will increase overall by 3.9% but for each individual ratepayer their rates may either decrease, remain around the same or increase dependent on their valuation change.

Notice of Valuation letters were sent by the NSW Valuer General to landowners in March 2025 and owners normally have 60 days from the issue date to object via the Valuer General’s Office. In some cases, the Valuer General allows late objections after the ratepayers receive their first rates notice in July, as most people do not know the impact of their valuation change until after they receive their rates notice.

The following table highlights the 2024 valuation increases by Rating Categories compared with the previous revaluation in 2022:

Rating Category	2022 Revaluation Average Increase from Previous Valuation	2024 Revaluation Average Increase from Previous Valuation
All Rateable Properties	71%	7%
Residential - All	62%	5.68%
Residential – Urban	57%	5.7%
Residential - Rural	80%	5.3%
Farmland	137%	8%
Business	96%	38%
Penrith CBD	66%	25%
St Marys Town Centre	104%	24%

Impact of New Valuations on Rates

In the first financial year when new valuations are used for rates, there may be some fluctuations in the rates payable compared to the year before, depending on how the valuation changed in comparison to other properties within our Local Government Area. After the first-year rates increase, the following years rates will increase by around the general increase for the next two years (approximately 2% to 4%) until land is next revalued.

This year, the average Residential valuation change across all of Penrith was a 5.7% increase, but some areas decreased by as much as 5.3% (Londonderry), while others (Orchard Hills) increased by 26%. The new land valuations will be used from 1 July 2025 however property owners are advised not to be alarmed by their valuation increase as a 5.7% increase in your valuation (for example) does not mean a 5.7% increase for their rates, and does not mean that Council will collect 5.7% more rates either. In fact, the average increase for rates for 2025-26 will be the 3.9% approved rates increase.

90% of properties will pay no more than a 3.9% Rates increase (some of these may receive a Rates decrease), and only 7.4% of all Residential properties will receive an increase greater than $100 from July 2025.

Although particular suburbs may receive an above average rates increase with these new valuations, it is likely that in the past the suburb may have received a Rates decrease at some time, so over time increases and decreases after a revaluation average out for all suburbs.

Council’s minimum rate for Residential properties is increasing by 1.4% being a $17.75 increase. This increase is below the maximum 3.9% increase allowable under the IPART approved increase, as Council is only permitted under legislation and case law to levy a maximum of 50% of rates from properties on the minimum rate. Current modelling puts the revenue from rates on the minimum Residential rate at around 49.9%. For properties such as villas, townhouses, apartments and some other lower valued Residential properties, it is likely that they will continue to pay the minimum Residential rate irrespective of the change in the valuation. Business properties on a minimum rate will increase by 3.9% being a $61.20 increase as their increase is still below the legislated threshold.

Rating sub-categories for residential properties in rural areas

Penrith City Council introduced a lower rate for residential properties in rural areas from 1 July 2021 by creating two residential sub-categories. This followed on from many years of representations from rural owners about increasing rates becoming disproportionate to the perceived services received by rural owners.

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

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

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

Prior to the introduction of the rural sub-category Council tried many times to find suitable alternative rate structures to provide lower rates for rural owners, however due to restrictive legislation at the time, any options available didn’t adequately provide a fair option that didn’t disproportionately impact other owners, or didn’t benefit enough rural owners.

The rural sub-category only became a viable option for Penrith City Council to use when additional options for rural sub-categorisation came into effect in legislation from 1 July 2021 following a lengthy review of rating legislation by the NSW Government. This new legislation allowed councils to modify their rating structure by using residential sub-categories to allow for differences between areas in relation to: access to, demand for, or the cost of providing services or infrastructure.

The phasing in of a lower rate for rural owners was implemented from July 2021 with a target discounted rate of 30% over four years. An initial 4.5% discount applied to Rural Residential properties from the amount payable in 2020-21 and an additional 6% discount applied in 2022-23. A further 8% discount applied in 2023-24 with a total discounted rate at the time being a 28% lower rate than other Residential properties. In 2024-25 the differential rate was increased to a 30% discounted rate (the target discount over four years) which will continue to be maintained at that differential going forward.

These gradual decreases for rural properties were funded by gradual increases for other property owners (above the annual rate peg increases).

Ordinary Rates

Each year Council must determine a Rating Policy for the next financial year. The Local Government Act 1993 provides for a number of rating structures so that councils have the flexibility to develop a structure that best provides equity for their Local Government Area.

Council currently applies a rate structure in which rate assessments are based on property valuations (Ad Valorem) with a Minimum Amount. This means that rates are predominantly based on the land value of the property as determined by the NSW Valuer-General with property owners below a certain land value threshold paying a minimum amount.

Council currently charges rates on three types of Land Categories with two Business and two Residential sub-categories:

a. Residential – General, with the following sub-categories:

i. Residential – Rural Area (30% lower rate than the Residential General rate).

ii. Residential – Rural 2 to 40 Hectares with dwelling (30% lower than the Residential General rate).

b. Farmland – (50% lower rate than the Residential General rate).

c. Business – General, with the following sub-categories:

i. Penrith CBD – applies to all Business properties within the boundary defined in the maps in the Operational Plan.

ii. St Marys Town Centre - applies to all Business properties within the boundary defined in the maps in the Operational Plan.

Pension Rebates

Council provides eligible pensioners a pensioner subsidy. Council’s policy provides for a rebate of rates and domestic waste charges to a maximum of $250 (fixed by the local government act). In addition, pensioners are given an additional rebate equivalent to the Stormwater Management Service Charge (applies to urban properties only). Council receives reimbursement from the NSW Government for 55% of all pensioner rebate, excluding the rebate for the Stormwater charges. Around 10,100 properties will receive a pension rebate in 2025-26.

Rates Revenue for 2025-26

Council currently has 80,578 rateable properties contributing approximately 44% of Council’s total revenue. It is expected that both the Penrith CBD Corporation and the St Marys Town Centre Corporation will request a continuation of Business Sub-category rates to fund their respective activities. A total of $552,997 will be raised from Penrith CBD rates and $420,895 will be raised from St Marys Town Centre rates.

Council is required to endorse the Making of the Rates and Charges for 2025-26 under Section 535 of the Local Government Act before rates can be levied. This will take place with the adoption of the 2025-26 Operational Plan at the June Ordinary Meeting. The proposed rates for 2025-26 are shown in the table below with the new 1 July 2024 base date land values to be used:

2025-26 RATES LEVY INCOME
RATE CATEGORY	RATE	MINIMUM RATE 2025-26 $	MINIMUM RATE INCREASE $**	TOTAL ANTICIPATED GROSS REVENUE $’000s	NUMBER OF PROPERTIES
Residential	0.002196	1,305.00	17.75	101,089	71,339
Residential – Rural Area	0.0015372	1,305.00	17.75	17,682	4,686
Residential – Rural 2 to 40 Hectares with dwelling	0.0015372	1,305.00	17.75	893	203
Farmland	0.001098	1,305.00	17.75	5,227	287
Business	0.002839	1,630.45	61.20	40,418	3,437
Business - Penrith CBD	0.00461	1,630.45	61.20	3,704	404
Business - St Marys Town Centre	0.004236	1,630.45	61.20	1,151	222
TOTAL RATING INCOME				$170,164*	80,578

Note: *The revenues identified in this section represent the gross anticipated revenues from the Rates Levy on 1 July 2025 prior to the application of Pensioner Subsidies, part year Residential and Business rating growth, Provision for Doubtful debts, and other subsidies and abandonments, which explains the Rating Income variation when compared to the Income Statement on page 6 of this report.

**Council’s minimum rate for Residential properties is increasing by 1.4% being a $17.75 increase. This increase is below the maximum 3.9% increase allowable under the IPART approved increase, as Council is only permitted under legislation and case law to levy a maximum of 50% of rates from properties on the minimum rate. Business properties on a minimum rate will increase by 3.9% being a $61.20 increase as their increase is still below the legislated threshold.

Stormwater Charges

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

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

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

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

The table below shows the estimated SMSC to be levied for 2025-26 and the anticipated number of properties subject to the annual SMSC, and an estimate of the revenue to be generated in 2025-26. Note that some part year SMSC charges are included for new services that come on throughout the year, so the calculation of the number of assessments by the annual charge does not equate exactly to the forecast revenue totals.

2025-26 Stormwater Management Service Charges to be Levied

Stormwater Category	Annual Charge	No. of Properties	2025-26 Total Revenue
Urban Residential
Residential	$25.00	45,288	$1,130,250
Residential (Strata)	$12.50	14,268	$178,275
Residential (Pensioner)	$25.00*	8,245	$206,125*
Residential (Strata -Pensioner)	$12.50*	1,287	$16,088*
Urban Business
Business	$22.80 plus an additional $22.80 for each 350 square metres or part of 350 square metres by which the area of parcel of land exceeds 350 square metres (Business Strata units are apportioned by unit entitlement with a minimum charge of $5.00)	3,431	$1,110,083
Total Revenue		72,214	$2,640,821

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

Domestic Waste Charges

Domestic Waste Service charges must be levied for each parcel of rateable land and each occupancy for which the service is available, including vacant land, in accordance with Section 496 of the Local Government Act 1993. The charges will be at the amounts specified in the 2025-26 Operational Plan and 2025-26 Fees & Charges.

Effluent Charges

It is proposed that the annual charges for effluent removal services are applied to each residential occupancy with a single or shared pump out septic tank system at the rates specified in the 2025-26 Operational Plan and 2025-26 Fees & Charges.

Interest on Overdue Rates and Charges

For the purpose of calculating the interest on overdue rates and charges in accordance with Section 566(3) of the Local Government Act 1993, it is proposed that the statutory interest charge of 10.5% announced by the Minister for Local Government on 10 April 2025 be used for 2025-26.

Rates Hardship – General

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

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

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

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

Rates Hardship – Special consideration where new land valuations results in a significant rates increase

Section 601 of the Local Government Act allows councils to provide assistance to ratepayers where significant hardship is caused by increases in rates due to the revaluation of land. For 2025-26, it is proposed under Section 601 of the Act Council will allow the following hardship arrangements, being the same policy that applied after the previous two revaluations:

Where a private (non-company) ratepayer with a Farmland or Residential rating category who receives a rates increase greater than 20% and greater than $1,000 as a result of a valuation increase, and where they can demonstrate hardship as a result of the increase, Council will allow the ratepayer to apply to defer payment of the increased amount (above what they paid in 2024-25) for a period of up to two years. The increase applies to the first year increase only with payment of the deferred amount to be paid by 30 June 2027 or upon settlement if the property is sold within this time. Additionally, any interest that accrues on the deferred amount only as a result of a deferment is waived until 30 June 2027.

This provision will be available to around 184 properties including around 146 properties in Orchard Hills. Applicants will need to provide a brief statement of their hardship as part of their application to satisfy the eligibility criteria under the legislation.

Reserves

Details of Council’s Reserves (i.e. quarantined funds held for specific purposes) are included in the Draft 2025-26 Operational Plan. Council’s Reserves are divided into Internal Reserves (set up to apply to Council policy) and External Reserves (required by law). Some Reserves are set up to ensure that Council’s policies with regard to a particular outcome are safeguarded, while others provide funds for a particular expressed purpose, sometime in the future.

Fees and Charges

As part of the Draft 2025-26 Operational Plan process, Council’s Fees and Charges have been reviewed with the proposed increases in the fees set generally in the vicinity of the rate peg. The Draft Fees and Charges section details a description of each item, the 2024-25 charge and the proposed 2025-26 fee or charge.

Childrens Services’ fees have been incorporated into the Fees and Charges document at the amounts recommended by the Board of the Penrith Childrens Services Co-operative. The Fees and Charges for Controlled Entities are set and published by those organisations. Fees set by regulation are included at the current rates, however they are subject to change when the regulations change.

The 2025-26 Domestic Waste Management Charge is calculated for full cost recovery. All waste charges are set by Council to cover the cost of domestic waste collection services, clean up, waste processing/disposal, landfill, education, communications, illegal dumping, provision for future waste service planning, new technologies and associated services.

The Fees and Charges section of the Draft 2025-26 Operational Plan provides for different Domestic Waste Service combinations. A summary of the main services is summarised in the following table:

Domestic Waste Service Main options	Rate per Week $	Annual Charge $	Percentage Increase (decrease) %	Anticipated Revenue $
Vacant Land	1.58	82.00	3.8	90,200
Sustainable Service	9.83	511.00	4.9	21,707,280
War on Waste	7.33	381.00	5.0	11,049
Large Service	11.71	609.00	3.0	9,122,820
Weekly	14.67	763.00	2.7	5,830,083
Large Weekly	18.62	968.00	0.3	2,987,248
Collect & Return	11.83	615.00	3.7	8,993,145
			Total*	49,736,471

* Inclusive of income from additional bin options

Overall, the average increase in Fees and Charges (including Domestic Waste Charges) included in the Draft 2025-26 Fees and Charges is 3.68%. This percentage increase is lower than the 3.9% Rate Peg announced by IPART which aims to reflect Council’s overall annual costs including labour, asset, other operating costs (i.e. Base Cost Change) and Emergency Service Levy.

The total Fees and Charges category of income is estimated to be worth $119m, or 30% of Council’s total estimated revenue for 2025-26. Total Fees and Charges include $50m or 42% of total Domestic Waste Income (note this amount varies from the table above as it also includes Domestic Waste related Interest Income and other related income) which is required to be raised to “self-fund” all expenditure in relation to the Waste function. Therefore, adjusting for Domestic Waste Income, Fees and Charges as a source of total Council income is budgeted at $69m, or 18% of Council’s total estimated revenue for 2025-26.

Entities

Included in the Draft 2025-26 Budget is a subsidy to Penrith Performing and Visual Arts totalling $2.579m (2024-25 - $2.489m).

Long Term Financial Plan (LTFP)

As part of the Council’s Resourcing Strategy Council prepares a 10-year Long Term Financial Plan (LTFP) which is to be updated annually as part of the development of the Annual Budget. The aim of the LTFP is to ensure that Council identifies financial issues at an early stage and reviews their effect on future activities. The LTFP must be reviewed in detail as part of the four yearly review of the Community Strategic Plan. The LTFP process involves four main elements:

 Planning assumptions;

 Revenue forecasts;

 Expenditure forecasts; and

 Sensitivity Analysis.

The LTFP provides a key tool for the development and monitoring of Council’s Financial Strategy. The Plan outlines Council’s capacity to manage assets and deliver services over the next ten years. Council has a responsibility to manage its resources and finances to ensure its long-term sustainability.

Council’s LTFP is based on a set of assumptions which generally relate to those elements that are most likely to affect the overall outcome of the model. Future years’ forecasts are linked to the Operational Plan and provide a means of assessing the long-term financial implication of current year decisions. Assumptions made in the plan includes long term forecasts of:

 Rating Revenue

 Development Growth

 Investment Return

 Financial Assistance Grant

 Employee costs

 CPI or other agreed indexations

 Capital works and services programs

 Asset management programs

 Anticipated Loan programs

 Debt Servicing

 Fees and Charges movements

 Changes identified through ongoing improvement and review of services

Detailed modelling (5-10 years) is also undertaken for ICT, Major Projects, and Property Development which is then incorporated into Council’s LTFP.

It is important to keep in mind when projecting budgets over such a long period that estimates can alter significantly when assumptions are reviewed, particularly when the variances apply to larger items such as employee costs or rating income. However, the LTFP remains an important planning tool and is regularly updated with current data to ensure its usefulness in providing information for Council’s financial planning decisions.

Councils LTFP has two scenarios modelled:

1. Business as usual - Continue providing a level of service driven by existing budget allocation including allocation of predicted new assets – the current balanced Asset Management Plan and the Long Term Financial Plan. This scenario results in an overall deterioration of the average asset portfolio.

2. Sustainable Assets - Allocation of additional renewal funding to bring Council’s current asset portfolio to condition 3, or better over the 10-year period.

Further details on Council’s LTFP may be found in the Resourcing Strategy (separate enclosure).

Long term financial challenges

Penrith City Council has a history of strong financial management over many years and notably in 2015 Penrith was deemed ‘Fit for the Future’ by the Independent Pricing and Regulatory Tribunal (IPART) providing an independent validation of Council’s strategies in place and also the strategies proposed for the future.

As a result of being at the centre of one of Australia’s fastest growing regions, Council continues to deliver numerous significant projects and services that respond to the needs of our diverse and growing population. While our projects and services benefit the community, they come with a substantial financial investment that must be responsibly managed. This means that we need to look carefully at our strategy for managing existing and future assets and resources to ensure a prosperous and cohesive City now and into the future.

These challenges have been apparent in our Long-Term Financial Plan for some time and Council has managed our finances, making prudent and strategic decisions regarding the development of our assets and services within the available resources. Consistent with our recent forecasting over a number of years through council’s LTFP, a $3m deficit has been identified in current draft 2025-26 Budget. To maintain existing assets and service levels and respond to increasing community expectations we will need to continue to review our longer term financial strategies. We will look at all aspects of our operations including service levels, alternative revenue streams (albeit limited), and increased revenues while we engage closely with our community to deliver their vision for our City.

Financial Implications

This report and separate enclosure include information regarding the budget preparation process, and the resulting financial position for the Draft 2025-26 Budget which is proposed for public exhibition should it be endorsed by the Council tonight.

The budget preparation process aims to deliver a balanced Budget that funds the service level needs of the community, however at this stage the Draft 2025-26 Budget process has forecast a deficit of $3.026m.

The projected deficit represents the cumulative impact of the growth of the organisation, an ageing asset base, and continued provision of services at the level expected by the community. The deficit has also been foreshadowed in recent iterations of Councils Long Term Financial Plan, this trend is likely to continue unless Council reviews it’s organisational ability to deliver on the future of Penrith by exploring current capacity and funding options, and undertakes community consultation in relation to determining service level and infrastructure needs.

Council officers will also continue to monitor for opportunities to reduce the budgeted deficit as the 2025-26 year and further progresses.

The Budget and its financial implications will be publicly exhibited for comment and put forward for final adoption on 23 June 2025.

Risk Implications

All councils in NSW use the IP&R framework to guide their planning and reporting activities. The requirements for IP&R are set out in the Local Government Act 1993 (the Act) and the Local Government (General) Regulation 2021 (the Regulation). The Integrated Planning and Reporting Guidelines explain what councils must do to ensure they comply with their planning and reporting requirements set out in the Act. The Guidelines are issued under sections 402-406 of the Act and cover the Community Strategic Plan, Resourcing Strategy, Delivery Program, Operational Plan, and Community Engagement Strategy.

In developing the Annual Budget, Council is required to comply with two important pieces of legislation - the Local Government Act 1993 and the Local Government (General) Regulation 2021. Councils must also refer to the Integrated Planning and Reporting Guidelines for Local Government in NSW which outlines the statutory planning and reporting requirements that councils must meet.

The following are the requirements relating to the draft Operational Plan:

• A Council must have a plan (its "Operational Plan") that is adopted before the beginning of each year and details the activities to be engaged in by the Council during the year as part of the Delivery Program covering that year.

• An Operational Plan must include a statement of the Council’s Revenue Policy for the year covered by the Operational Plan. The Statement of Revenue Policy must include the Statements and particulars required by the regulations.

• A Council must prepare a draft Operational Plan and give public notice of the draft indicating that submissions may be made to the Council at any time during the period (not less than 28 days) that the draft is to be on public exhibition. The Council must publicly exhibit the draft Operational Plan in accordance with the notice. Under legislation the draft Community Strategic Plan, Delivery Program, and LTFP must also be placed on public exhibition for a period of at least 28 days and community comment.

• In deciding on the final Operational Plan to be adopted, a Council must consider any submissions that have been made concerning the draft plan.

• Council must post a copy of its Operational Plan on the Council’s website within 28 days after the Plan is adopted.

The Long Term Financial Plan is reviewed and updated as part of the Annual Budget process to ensure that forward projections reflect the most current assumptions. Long term forecasting minimises financial risk by supporting financial sustainability, transparency, and accountability.

Next Steps

The Integrated Planning and Reporting (IP&R) Guidelines require Council to publicly exhibit, for not less than 28 days, its Draft Penrith 2041+ Community Strategic Plan, Draft 2025-35 Resourcing Strategy, Draft 2025-29 Delivery Program incorporating the Draft 2025-26 Operational Plan and Draft 2025-26 Fees and Charges. Subject to Council’s endorsement tonight, it is proposed to commence the Public Exhibition on Thursday 1 May 2025, ending on Wednesday 28 May 2025.

The Draft Plans will be available for viewing at the Civic Centre, Penrith Library, St Clair Library and the St Marys office or downloading on Council’s online engagement portal – www.yoursaypenrith.com.au. Specific extracted copies of the 2025-26 Fees & Charges will be made available at Council operated Childcare Centres and our strategic and community partners will be notified directly.

Notice of the Public Exhibition will be done through Council’s communications channels. Public submissions can be submitted by completing the online feedback submission forms, email or letters.

All submissions received on the draft documents will be individually acknowledged. This will be followed by a response that reflects Council’s established policy or Council’s determination of the particular issue.

Council must consider the matters outlined in all submissions. Depending on the nature and complexity of each submission, Council may choose to amend the documents or consider a submission but defer changes until a subsequent period. A full report on public submissions will be provided to Council’s June 2025 Ordinary Meeting.

Following consideration of the information presented at tonight’s meeting, the key dates and next steps are:

1 May – 28 May 2025

Public Exhibition of the Draft Penrith 2041+ Community Strategic Plan, Draft 2025 Resourcing Strategy, Draft 2025-29 Delivery Program incorporating the Draft 2025-26 Operational Plan and Draft 2025-26 Fees and Charges.

June 2025

Report to Ordinary Meeting:

· Adoption of Penrith 2041+ Community Strategic Plan, 2025-35 Resourcing Strategy, 2025-29 Delivery Program incorporating the 2025-26 Operational Plan and 2025-26 Fees and Charges.

· Making of 2025-26 Rates and Charges

Conclusion

The Draft Penrith 2041+ Community Strategic Plan, Draft 2025-35 Resourcing Strategy, Draft 2025-29 Delivery Program incorporating the Draft 2025-26 Operational Plan and Draft 2025-26 Fees and Charges have been developed to reflect the priorities and direction established through engagement with Councillors and our community.

As our City goes through this exciting and challenging period of growth and change, our Council is charged with understanding and responding to the aspirations and needs of our community. The vision of our community is clear, telling us through an extensive engagement process that they love the special qualities of Penrith – both the people and our place - and they are positive about the future of Penrith with the opportunities ahead. This vision has been captured in the Draft Penrith 2041+ Community Strategic Plan that can be found attached to this report.

We have also heard from our community that the changes that we are experiencing as a City, whilst exciting, also have challenges and the community expects that growth will be responsibly managed to ensure that everyone continues to have access to a diverse range of local jobs, transport, vibrant centres and housing choices. This means that we need to look carefully at our strategy, for managing existing and future assets and resources to ensure a prosperous and cohesive City now and into the future.

Like all Councils that are experiencing growth, Council is not immune to the rising cost of living, and the impost that this has on our services from maintenance and construction of new assets through to the delivery of services.

The documents reflect Council’s commitment to effective service delivery and long term fiscal responsibility whilst managing growth in step with the community’s Strategic Directions for the City captured in the Draft Penrith 2041+ Community Strategic Plan.

It is proposed that the Draft Penrith 2041+ Community Strategic Plan, Draft 2025-35 Resourcing Strategy, Draft 2025-29 Delivery Program incorporating the Draft 2025-26 Operational Plan and Draft 2025-26 Fees and Charges be placed on public exhibition for community comment. It is recommended that Council endorse public exhibition of the draft Integrated Planning (IP&R) documents as outlined in this report.

RECOMMENDATION

That:

1. The information contained in the report on Public Exhibition of Integrated Planning and Reporting Documents be received

2. In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2021, the Draft Penrith 2041+ Community Strategic Plan, Draft 2025-35 Resourcing Strategy, Draft 2025-29 Delivery Program incorporating the Draft 2025-26 Operational Plan and Draft 2025-26 Fees and Charges be placed on Public Exhibition for 28 days commencing on Thursday 1 May 2025, ending on Wednesday 28 May 2025 (inclusive).

3. The Public Exhibition arrangements are implemented as detailed in this report, and submissions from the community are invited.

ATTACHMENTS/APPENDICES

1. ⇩	Exhibition Copy - Draft 2025-29 Delivery Program and 2025-26 Operational Plan	110 Pages	Attachments Included
2. ⇩	Community Strategic Plan 2041+	44 Pages	Attachments Included
3. ⇩	Draft 2025-2026 Penrith City Council Fees and Charges	86 Pages	Attachments Included

Ordinary Meeting 28 April 2025

Proposed Easements and other encumbrances- Erskine Park Urban Reinvestment Project Sites

Compiled by: Fiona Waites, Senior Development Manager

Karen Luka, Program Manager

Authorised by: Justin Day, Head of Property Investment

Outcome	We have open and collaborative leadership
Strategy	Deliver an efficient, transparent and accountable service to the community
Principal Activity	Provide property services and manage community and commercial requests for the use of Council owned or controlled land

Executive Summary

This report seeks Council approval to proceed with the creation of easements, covenants and restrictions on Council land in Erskine Park and the dedication of a section of Council land as public road. The sites are the subject of residential subdivision approvals as part of the Erskine Park Urban Reinvestment project.

Details of the required encumbrances and dedication are outlined in the table below.

Pending Councils endorsement, the encumbrances and road dedication will be registered on the subdivision plans when civil construction and servicing of the lots is complete.

Background

The Erskine Park Urban Reinvestment Project (EKURP) is the delivery phase of Council’s award-winning Open Space Reinvestment Project (OSRP), which identified open space sites in Erskine Park that were underutilised or in need of an upgrade to meet resident expectations. Through this project, six (6) sites were rezoned and reclassified for residential development, with the proceeds from the sale of residential land be used to deliver open space improvements in the area.

Council has already forward funded $2.65m of public domain upgrades in Erskine Park and St Clair and future net proceeds from the sale of land will be used to fund further improvements at Chameleon Reserve.

Subdivision construction works are currently underway to deliver the sites to market.

Current Situation

To facilitate the subdivision works as required, it is necessary to create various easements, restrictions on title and covenants to enable appropriate infrastructure delivery, protection of biodiversity, existing tress and other vegetation on the sites. Road widening is also proposed in the cul-de-sac head of Canopus Close. Details of the encumbrances/road widening are outlined in the table below with the draft subdivision plans identifying the location and extent of each encumbrance. The Draft Subdivision Plans are separately enclosed.

Site

Address/Lot DP

Encumbrance

1 - Lot 35

DP 812241

11 Ashwick Circuit St Clair

Proposed Lot 1 – Residential

· Restriction - Tree protection

· Covenants - Bushfire

· Covenant - Acoustic

Proposed Lot 2 – Drainage Reserve

· Easement to Drain Water variable width

2 - Lot 148

DP 703879

9A Dilga Crescent Erskine Park

Proposed Lot 1 – Residential

· Easement to drain water 2m wide

· Restriction- Bushland protection

Proposed Lot 2 – Drainage Reserve

· Easement to drain water 2m wide

3 - Lot 2174 DP 776426

11A Canopus Close Erskine Park

Proposed Lot 1 - Residential

· Restriction- Tree protection

· Covenant- Tree Protection

Proposed Lot 2 - Residential

· Easements to drain water 1.5m wide

Proposed Lot 3 – Public Reserve

· Easement to drain water 2m & 2.5m wide

· Road Widening- to incorporate existing road infrastructure

4 - Lot 1106 & 1107 DP 709078 & Lot 102 & 104 DP 717532

25 Chameleon Drive Erskine Park

Proposed Lots 1 - Residential

· Restriction- Tree protection

· Covenant- Tree protection

Proposed Lots 2 – Residential

· Nil

Proposed Lots 3 - Residential

· Right of carriage way 3m wide

· Easement for services 3m wide

· Easement to drain water 3m wide

· Restriction- Tree protection

· Covenant- Tree protection

Proposed Lots 4 - Residential

· Right of carriage way 3m wide

· Easement for services 3m wide

· Easement to drain water 3m wide

· Easement to drain water variable width

Proposed Lots 5 – Public Reserve

· Nil

Lot 102 & 104 DP 717532

· Easement to drain water 2.5m wide

5 - Lot 3280 DP 786811

73 Swallow Drive Erskine Park

Proposed Lot 1 - Residential

· Restriction- Vegetation protection

Proposed Lot 2 - Residential

· Easement to drain water 2m wide

· Restriction- Vegetation protection

Proposed Lot 3 - Residential

· Easement to drain water 2m wide

· Restriction- Vegetation protection

Proposed Lot 4 - Residential

· Easement to drain water 2m wide

· Restriction - Vegetation protection

6 - Lot 1444 DP 788282

27A Phoenix Crescent Erskine Park Proposed

Proposed Lot 1 – Residential

· Nil

Proposed Lot 2 – Residential

· Restriction - Biodiversity protection

· Restriction - Tree protection

Proposed Lot 3 – Public Reserve

· Nil

Statutory Provisions and other planning matters

The proposed easements are permissible on community classified land in accordance with Section 46(1) (a1) of the Local Government Act 1993 (LGA) which permits easements to be granted for the purpose of providing pipes, conduits or other connections under the surface of the ground for connection of premises adjoining the community land to a facility of the Council or other public utility.

Only two (2) of the proposed encumbrances (drainage easements) impact community classified land at:

· Site 3 - 11A Canopus Close (Lot 2174 DP 776426)

· Site 4 - 25 Chameleon Drive (Lot 102 & 104 DP 717532)

The proposed easements were publicly notified under Section 47 of the Local Government Act 1993. Chameleon Drive was notified from 28 April- 26 May 2023 and Canopus Close was notified from 14 February- 17 March 2025, including:

· Providing public notice in a local newspaper and on Councils website

· Placing a notice of the proposed easement on the subject land and

· Providing a notice to adjoining landowners and those within close proximity to the land that may be directly affected by the proposed easement.

During the submission period for both sites, there were no submissions or objections received to the proposed drainage easements.

Road widening is proposed as a part of the Canopus Close (Lot 2174 DP 776426) subdivision, to capture existing road infrastructure in the cul-de-sac head as public road. Section 47F of the Local Government Act permits the dedication of community land as public road for the intended purpose of road widening which will be notated on the subdivision plan and dedicated on registration of the plan.

Financial Implications

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

Risk Implications

The risk implications for this project have been considered and there are no risks that have been identified that would result from the matter being considered as contained in this report.

Conclusion

The proposed encumbrances and road widening as detailed in this report are consistent with the requirements of the Local Government Act 1993 and the subdivision consents issued for each of the sites.

Resolution to proceed with registration of the encumbrances and the road dedication on the title will enable Council to continue to progress the subdivision works and approval process to facilitate new title creation.

RECOMMENDATION

That:

1. The information contained in the report on Proposed Easements and other encumbrances- Erskine Park Urban Reinvestment Project Sites be received,

2. Council resolves to create the encumbrances in accordance with the terms outlined in this report to Lot 35 DP 812241, Lot 148 DP 703879, Lot 2174 DP 776426, Lot 1106 & 1107 DP 709078 & Lot 102 & 104 DP 717532, Lot 3280 DP 786811, Lot 1444 DP 788282 and road dedication for road widening in accordance with the terms outlined in this report to Lot 2174 DP 776426,

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

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Amendment to the Council's 2025 Meeting Calendar

Compiled by: Adam Beggs, Head of Governance

Authorised by: Andrew Moore, General Manager

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

Executive Summary

This report proposes an amendment to the Council’s 2025 Meeting Calendar which was adopted at the Ordinary Council Meeting of 11 November 2024.

When the Meeting Calendar was prepared for 2025, consideration was given to known clashes including public holidays and significant local government conferences. However, it has become apparent that a number of Councillors, including the Mayor, and General Manager may need to be in Canberra earlier than originally anticipated for the 2025 National General Assembly held in June.

This means that the Ordinary Council meeting currently scheduled for 23 June 2025 is recommended to be moved to 30 June 2025 and the Councillor Briefing currently scheduled for that night cancelled, and the meeting calendar updated accordingly.

Current Position

From time to time it is necessary to amend the Council’s adopted meeting calendar to accommodate circumstances that were not anticipated when the calendar was originally prepared.

A copy of the revised 2025 Meeting Calendar incorporating the suggested change which includes the change of date of an Ordinary Council meeting from the 23 June to 30 June 2025 is appended.

RECOMMENDATION

That:

1. The information contained in the report on Amendment to the Council's 2025 Meeting Calendar be received.

2. The Council’s Meeting Calendar be amended to move the 23 June Ordinary meeting to the 30 June 2025.

ATTACHMENTS/APPENDICES

1. ⇩

2025 Meeting Calendar

1 Page

Appendix

-	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 2024-25 Annual Statements are presented
∞	Meeting at which any comments on the 2024-25 Annual Statements are adopted
+	Meeting at which the Annual Report is presented

No.	Project Description	Estimated Project Cost ($)	Grant Funding Offer ($)	Council’s Contribution Required ($)
1.	Cambridge Park Catchment Flood Study	287,400	191,600	95,800
2.	Penrith LGA Wide Flood Risk Data Compilation	179,500	119,667	59,833
	TOTAL	466,900	311,267	155,633

Company	Lump Sum for Price	Company Address	Owners/Directors
Chips Property Trade Services	$388,886.00	Unit 1, 442 Victoria St Wetherill Park NSW 2164	Paul Giordano, James Axiak
Westbury Constructions Pty Ltd	$408,076.94	Unit 6, 16 Rob Place, Vineyard NSW 2765	Darren Price
Coverit Building Group Pty Ltd	$436,650.00	Unit 18 37-47 Borec Road, Penrith NSW 2750	Shane Comans
Rogers Construction Group Pty Ltd	$440,150.37	605/5 Celebration Drive Bella Vista NSW 2153	Ben Kavo
Progroup Management PTY Limited	$466,682.00	Suite 1.03, 32 Delhi Rd, Macquarie Park NSW 2113	Nilesh Prasad

Name	Position Title	Start Date	Date Lodged
Michael Alderton	Head of Strategic Asset Management	18/11/2024	5/03/2025
Tariq Rasheed	Head of Projects	28/01/2025	03/02/2025
Anne Sacco	Head of Designs	28/01/2025	03/02/2025

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