Agenda of Ordinary Meeting - Monday, 21 July 2025

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL

HELD REMOTELY USING AUDIO VISUAL LINKS, AUDIO STREAMED ON THE

COUNCIL WEBSITE AND IN THE COUNCIL CHAMBERS

ON MONDAY 30 JUNE 2025 AT 7:00PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

WEBCASTING STATEMENT

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

ACKNOWLEDGEMENT OF COUNTRY

His Worship the Mayor, Councillor Todd Carney read an Acknowledgement of Country.

PRAYER

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

PRESENT – IN PERSON

His Worship the Mayor, Councillor Todd Carney, Deputy Mayor, Councillor Ross Fowler OAM and Councillors Libby Austin, Kirstie Boerst, Robin Cook, Sue Day, Glenn Gardiner, Sabbie Kaur, Hollie McLean, Edwin Mifsud, Reece Nuttall, Vanessa Pollak, Faithe Skinner, Garion Thain and John Thain.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 26 May 2025

79 RESOLVED on the MOTION of Councillor Hollie McLean seconded Councillor Reece Nuttall that the minutes of the Ordinary Meeting of 26 May 2025 be confirmed.

DECLARATIONS OF INTEREST

Councillor Hollie McLean declared a Pecuniary Conflict of Interest in Item 4 - PP-2025-356 Harvey Norman Penrith Homemaker Centre, as she has a family member who works in management at one of the tenant organisations. Councillor Hollie McLean stated that she would leave the meeting during consideration of this item and would not take part in voting or discussion on this matter.

Councillor Ross Fowler OAM declared a Pecuniary Conflict of Interest in Item 5 - Penrith CBD Corporation and St Marys Town Centre Corporation - 2025-2026 Business Plan, as he is the auditor for Penrith CBD Corporation. Councillor Ross Fowler stated that he would leave the meeting during consideration of this item and would not take part in voting or discussion on this matter.

Councillor Glenn Gardiner declared a Pecuniary Conflict of Interest in Item 2 - Draft Rickabys Creek Catchment Flood Study for Public Exhibition, as he owns land in the affected area. Councillor Glenn Gardiner submitted a form of special disclosure for Pecuniary Interests as the land in question is his principal place of residence.

Councillor Garion Thain declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 5 - Penrith CBD Corporation and St Marys Town Centre Corporation - 2025-2026 Business Plans, as he is on the St Marys Town Centre Board as Council’s Representative. Councillor Garion Thain stated that he would not take part in voting or discussion on this matter.

Councillor Reece Nuttall declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 5 - Penrith CBD Corporation and St Marys Town Centre Corporation - 2025-2026 Business Plans, as he is on the Penrith CBD Centre Board as Council’s Representative.

Mayoral Minutes

1 Council receives awards for excellence

Deputy Mayor Ross Fowler OAM and Councillors John Thain and Hollie McLean spoke in support of this Mayoral Minute.

145 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Ross Fowler OAM that the Mayoral Minute on Council receives awards for excellence be received.

2 Locals recognised in King's Birthday Honours List

Deputy Mayor Ross Fowler OAM and Councillors John Thain and Reece Nuttall spoke in support of this Mayoral Minute.

146 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Ross Fowler OAM that the Mayoral Minute on Locals recognised in King's Birthday Honours List be received.

Reports of Committees

1 Report and Recommendations of the Local Traffic Committee Meeting held on 2 June 2025

147 RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Reece Nuttall that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 June, 2025 be adopted.

2 Report and Recommendations of the Access Committee Meeting held on 4 June 2025

148 RESOLVED on the MOTION of Councillor Faithe Skinner seconded Councillor Libby Austin that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 4 June, 2025 be adopted.

DELIVERY PROGRAM REPORTS

Outcome 1 - We protect and enhance an ecologically sustainable environment

1 Peach Tree and Lower Surveyors Creeks Catchment Floodplain Risk Management Study and Plan

149 RESOLVED on the MOTION of Councillor Glenn Gardiner seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Peach Tree and Lower Surveyors Creeks Catchment Floodplain Risk Management Study and Plan be received.

2. The Peach Tree and Lower Surveyors Creeks Catchment Floodplain Risk Management Study and Plan, May 2025 (Final) be adopted.

3. The Peach Tree and Lower Surveyors Creeks Catchment Floodplain Risk Management Study and Plan, May 2025 (Final) be published and made available on Council’s website.

4. Council further consider the recommended mitigation works in the Peach Tree and Lower Surveyors Creeks Catchment Floodplain Risk Management Study and Plan, May 2025 (Final) for inclusion in future Capital Works Programs and for grant funding applications.

5. Council write to those who made submissions during the public exhibition period advising of Council’s resolution.

6. Council write to relevant State and Federal Members of Parliament advising them of the adoption of the Peach Tree and Lower Surveyors Creeks Catchment Floodplain Risk Management Study and Plan, May 2025 and thanking them for their continued support of Council’s Floodplain Management program.

2 Draft Rickabys Creek Catchment Flood Study for Public Exhibition

150 RESOLVED on the MOTION of Councillor Glenn Gardiner seconded Councillor Libby Austin

That:

1. The information contained in the report on Draft Rickabys Creek Catchment Flood Study for Public Exhibition be received.

2. The draft Rickabys Creek Catchment Flood Study, June 2025 be endorsed to be placed on exhibition for public comment.

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

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

3 Re-establishment of reviewed Alcohol Prohibited Areas

151 RESOLVED on the MOTION of Councillor Garion Thain seconded Councillor Libby Austin

That:

1. The information contained in the report on Re-establishment of reviewed Alcohol Prohibited Areas be received.

2. Council endorses the change in time-restrictions to 10.00pm – 8.00am of the below Alcohol Prohibited Areas effective for the four-year period from 1 July 2025 to 30 June 2029.

a. Open space and sporting ovals bounded by Oxford Street, Barry Street, Eton Road and College Street, Cambridge Park.

b. Poplar Park, Poplar Street, North St Marys.

c. The public space known as ‘Werrington Creek Park’ surrounded by Victoria Street, Cottage Street, Burton Street, Herbert Street and Shaw Street, including Werrington Lake, Harold Corr Oval and Shaw Park, Werrington.

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

Having previously declared a Pecuniary Conflict of Interest, Councillor Hollie McLean left the meeting, the time being 7:33pm.

Outcome 3 - We plan and shape our growing City

4 PP-2025-356 Harvey Norman Penrith Homemaker Centre

152 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Faithe Skinner

That:

1. The information contained in the report on PP-2025-356 Harvey Norman Penrith Homemaker Centre be received.

2. Council endorse the Planning Proposal and its supporting Appendices provided as enclosures to this report to be forwarded to the Minister for Planning with a request to issue a Gateway Determination. The submission will include a request to issue Council with Delegation for plan making authority.

3. The General Manager be granted delegation to make any necessary changes to the Planning Proposal referred to in resolution 2:

· prior to Council’s submission of the Planning Proposal to the Minister for Planning to request a Gateway Determination;

· as a result of negotiated changes sought by the Department of Planning, Housing and Infrastructure in the lead up to issuing a Gateway Determination; and

· prior to public exhibition in response to the conditions of the Gateway Determination or negotiation with State agencies.

4. Council publicly exhibits the Planning Proposal for a period specified in the Gateway Determination and in accordance with the community consultation requirements of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

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

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

For	Against
Councillor Todd Carney
Councillor Ross Fowler OAM
Councillor Libby Austin
Councillor Kirstie Boerst
Councillor Robin Cook
Councillor Glenn Gardiner
Councillor Sabbie Kaur
Councillor John Thain
Councillor Edwin Mifsud
Councillor Reece Nuttall
Councillor Vanessa Pollak
Councillor Faithe Skinner
Councillor Garion Thain
Councillor Sue Day

Councillor Hollie McLean returned to the meeting, the time being 7:35pm.

Having previously declared a Pecuniary Conflict of Interest, Councillor Ross Fowler OAM left the meeting, the time being 7:35pm.

5 Penrith CBD Corporation and St Marys Town Centre Corporation - 2025-2026 Business Plans

153 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Robin Cook that the information contained in the report on Penrith CBD Corporation and St Marys Town Centre Corporation - 2025-2026 Business Plans be received.

Councillor Ross Fowler OAM returned to the meeting, the time being 7:36pm.

6 Request for Major Event Sponsorship - NSW State Band Championships 2025

154 RESOLVED on the MOTION of Councillor Reece Nuttall seconded Councillor Faithe Skinner

That:

1. The information contained in the report on Request for Major Event Sponsorship - NSW State Band Championships 2025 be received.

2. Council endorse sponsorship of $9,000 (exc. GST) to the Band Association of NSW Incorporated in support of the 2025 NSW State Band Championships.

7 Advocacy for existing Blue Mountains and City express train services to stop at St Marys

155 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Reece Nuttall

That:

1. The information contained in the report on Advocacy for existing Blue Mountains and City express train services to stop at St Marys be received.

2. The Mayor write to the following, emphasising the urgency and importance of adding a stop at St Marys to existing Blue Mountains and City express services, and seeking their commitment to collaborate with Council on this matter:

i. The Deputy Premier the Hon. Prue Car MP in her capacity as Member for Londonderry,

ii. The Acting Minister for Western Sydney, the Hon. Courtney Houssos MLC,

iii. The Minister for Transport, the Hon. John Graham MLC, and

iv. the Opposition counterparts and Federal Ministers.

Outcome 4 - We manage and improve our built environment

8 Extend existing contract - InEight Software Licence

156 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Libby Austin

That:

1. The information contained in the report on Extending existing contract – InEight software licence be received.

2. In accordance with section 55(3)(i) of the Local Government Act 1993 NSW, Council resolve that a satisfactory result would not be achieved by inviting fresh tenders due to extenuating circumstances.

3. Council award the contract extension to InEight Pty Ltd for a period of two years with a possible one-year extension.

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

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

9 NSW Government 'Get NSW Active' 2025-26 Financial Year and 'Safe Speeds Program' - Acceptance of Grant Funds

157 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Libby Austin

That:

1. The information contained in the report on NSW Government 'Get NSW Active' 2025-26 Financial Year and 'Safe Speeds Program' - Acceptance of Grant Funds be received.

2. Council acknowledge acceptance of grant funding of up to $1,160,200 offered under the Get NSW Active Program 2025/26, as listed in Table 1 of this report.

3. Council acknowledge acceptance of an additional $250,000 in grant funding to cover an expanded scope of works for the Thornton project, offered under the State Government’s Safe Speeds in High Pedestrian Activity Areas Program.

4. Council write to the Local State Members thanking them for their ongoing support and continued funding of active transport and road safety initiatives.

Outcome 5 - We have open and collaborative leadership

11 Draft Councillor Expenses and Facilities Policy

158 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Faithe Skinner

That:

1. The information contained in the report on Draft Councillor Expenses and Facilities Policy be received.

2. Council publicly exhibit the draft Councillor Expenses and Facilities Policy, providing a minimum period of 28 days for community consultation and submissions.

3. A further report be presented to an Ordinary Meeting of Council at the conclusion of the exhibition period.

12 Summary of Investments and Banking for the period 1 May 2025 - 31 May 2025

159 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Faithe Skinner

That:

1. The information contained in the report on Summary of Investments and Banking for the period 1 May 2025 - 31 May 2025 be received

2. The Council’s Cash Book and Bank Statements have been reconciled as at 31 May 2025.

10 Adoption of the Penrith 2041+ Community Strategic Plan, the 2025-29 Delivery Program incorporating the 2025-26 Operational Plan, the 2025-26 Fees and Charges and the 2025-35 Resourcing Strategy

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

That:

1. The information contained in the report on the Adoption of the Penrith 2041+ Community Strategic Plan, the 2025-29 Delivery Program incorporating the 2025-26 Operational Plan, the 2025-26 Fees and Charges and the 2025-35 Resourcing Strategy be received.

2. In accordance with the Local Government Act 1993 Sections 402-406 and the Local Government (General) Regulation 2021, Council endorse the Penrith 2041+ Community Strategic Plan, and adoption of the 2025-35 Resourcing Strategy, 2025-29 Delivery Program and 2025-26 Operational Plan (Including 2025-26 Fees & Charges), including proposed changes outlined in this report, and any amendments made at tonight’s meeting.

3. Council adopt the following to make the Rates, Charges and Pensioner Rebates for 2025-26:

a. Ordinary Rate: Council make its Residential, Business and Farmland rates for 2025-26 in accordance with Section 535 of the Local Government Act 1993 as follows:

Category	Minimum Amount	Ad Valorem
Residential	$1,305.00	0.002196
Residential – Rural Area (A Residential sub-category to apply to any property categorised as Residential, and located within the suburbs of Agnes Banks, Badgerys Creek, Berkshire Park, Castlereagh, Kemps Creek, Llandilo, Londonderry, Luddenham, Mount Vernon, Mulgoa, Orchard Hills, Wallacia)	$1,305.00	0.0015372
Residential – Rural Residential 2 to 40 Hectares (A Residential sub-category to apply to any property categorised as Residential, between 2 and 40 hectares in size, contains a dwelling and is zoned for non-urban purposes)	$1,305.00	0.0015372
Farmland	$1,305.00	0.001098
Business	$1,630.45	0.002839
Business – Penrith CBD	$1,630.45	0.00461
Business – St Marys Town Centre	$1,630.45	0.004236

b. Stormwater Charges: Council make its Stormwater Management Service charge to be applied on all urban residential and urban business land as outlined in the report.

c. Domestic Waste Charges: Council make its Domestic Waste Service charge in accordance with Section 496 of the Local Government Act 1993 and the 2025-26 Operational Plan and 2025-26 Fees & Charges.

d. Effluent Charges: Council make its annual charge for effluent removal services as outlined in the report and the 2025-26 Operational Plan and 2025-26 Fees & Charges.

e. Pensioner Rebates: Council will provide a mandatory pension rebate to a maximum of $250 for eligible pensioners in accordance with Section 575 of the Local Government Act 1993. In addition to the mandatory pensioner rebate, Council will continue a voluntary rebate under Section 582 of the Local Government Act 1993. The voluntary rebate will be equivalent to the annual stormwater charge applicable to the property. Properties that do not receive a Stormwater Management Service Charge will not receive a voluntary rebate. Pro-rata calculations will be applied to rebates that start or cease within the financial year according to Sections 575 and 584 of the Local Government Act 1993.

f. Service of Rate Notices: The General Manager be authorised to prepare and serve Rates and Charges Notices for and on behalf of Council.

g. Hardship assistance: Council will allow hardship assistance where a private (non-company) ratepayer with a Farmland or Residential property who receives a rates increase greater than 20% and greater than $1,000 as a result of their valuation increase, and where they can demonstrate hardship as a result of the increase. The assistance 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 deferment 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 will be waived until 30 June 2027.

URGENT BUSINESS

UB 1 Leave of Absence

Councillor Kirstie Boerst requested a Leave of Absence from 28 July to 1 August 2025 inclusive.

161 RESOLVED on the MOTION of Councillor Kirstie Boerst seconded Hollie McLean that the matter be brought forward and dealt with as a matter of urgency.

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

162 RESOLVED on the MOTION of Councillor Kirstie Boerst seconded Hollie McLean that Councillor Kirstie Boerst be granted Leave of Absence from 28 July to 1 August inclusive.

UB 2 Commercial Matter

Councillor Hollie McLean stated that she had a matter of urgent business to raise and requested that it be referred to Committee of the Whole as it refers to information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

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

UB 3 Our Community Cares - High Tea Fundraiser

Councillor Robin Cook requested that an amount of $450 be split equally from each ward’s Voted Works to purchase a table of ten at the Our Community Cares High Tea Fundraiser.

163 RESOLVED on the MOTION of Councillor Robin Cook seconded Sue Day that the matter be brought forward and dealt with as a matter of urgency.

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

164 RESOLVED on the MOTION of Councillor Robin Cook seconded Sue Day that an amount of $450 be split equally from each wards Voted Works to purchase a table of ten at the Our Community Cares High Tea Fundraiser.

UB 4 Marquee and Trestle Tables - Team Colyton

Councillor Garion Thain requested that an amount of $1693 from East Wards Voted Works be donated to fund marquee and trestle tables for Team Colyton’s Local Community Group.

165 RESOLVED on the MOTION of Councillor Garion Thain seconded Libby Austin that the matter was urgent and should be dealt with at the meeting.

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

166 RESOLVED on the MOTION of Councillor Garion Thain seconded Libby Austin that an amount of $1693 from East Wards Voted Works be donated to fund marquee and trestle tables for Team Colyton’s Local Community Group.

Committee of the Whole

167 RESOLVED on the MOTION of Councillor Libby Austin seconded Councillor Faithe Skinner that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:00pm.

1 Presence of the Public

CW1 RESOLVED on the MOTION of Councillor Libby Austin seconded Councillor Faithe Skinner that the press and public be excluded from Committee of the Whole to deal with the following matters:

Outcome 5

2 Council Property - New Lease - 42 Bruce Neale Drive, Penrith

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

3 Council Property - New Lease - Regatta Park Kiosk

The meeting resumed at 8:18pm and the General Manager reported that the Committee of the Whole met at 8:00pm on Monday 30 June 2025, the following being present

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

CONFIDENTIAL BUSINESS

2 Council Property - New Lease - 42 Bruce Neale Drive, Penrith

168 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Reece Nuttall

CW2 That Council defer consideration of the matter, pending a further report to Council.

3 Council Property - New Lease - Regatta Park Kiosk

169 RESOLVED on the MOTION of Councillor Garion Thain seconded Councillor Ross Fowler OAM

CW3 That:

1. The information contained in the report on Council Property - New Lease - Regatta Park Kiosk be received

2. Council commence the advertising process for a new 5-year lease over 34 Great Western Highway, Emu Plains in accordance with Section 47A of the Local Government Act 1993.

3. Upon completion of the advertising process, Council enters the proposed lease over 34 Great Western Highway, Emu Plains on the terms and conditions detailed within this report

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

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

ADOPTION OF Committee of the Whole

170 RESOLVED on the MOTION of Councillor Libby Austin seconded Councillor Sue Day that the recommendation contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 8:21pm.

Ordinary Meeting 21 July 2025

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 7 July, 2025

PRESENT

Councillor Garion Thain (Representative for the Member for Londonderry), Councillor Robin Cook (Representative for the Member for Penrith), Angela Maltese (Representative for the Member for Badgerys Creek), Siva Balasubramaniam – Transport for NSW (TfNSW) and Sergeant Stephen Page - Nepean Police Area Command (PAC).

IN ATTENDANCE

Joshua Hull – Head of Engineering Services (Chair), Daniel Davidson – Acting Traffic and Transport Engineering Coordinator, Phil Saverimuttu – Senior Traffic Engineer, Caitlin Bailey – Senior Traffic Engineer, Lalaine Malaluan – Senior Transport Engineer, Dennis Anthonysamy – Senior Transport Engineer, Joshua Creamer – Trainee Engineer, Kylie Thornley – Traffic Administration Officer, Ashleigh Markowski – Business Administration Trainee (Engineering), Ben Cantor – Busways, James Duguid – Transit Systems and Paul Bottomley – CDC.

APOLOGIES

Councillor Reece Nuttall (Council Representative), Mark Rusev (Representative for the Member for Badgerys Creek) and Kablan Mowad – Traffic and Transport Engineering Coordinator.

In accordance with the authority granted by Council to the General Manager at its Ordinary Meeting of 28 October 2024, the Head of Engineering Services (Joshua Hull) is Council’s nominated alternative voting delegate in the absence of Councillor Nuttall.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 2 June 2025

That the minutes of the Local Traffic Committee Meeting of 2 June 2025 were confirmed.

DECLARATIONS OF INTEREST

Councillor Garion Thain (Representative for the Member for Londonderry) declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 – St Marys Spring Festival and Street Parade - Saturday 6 September 2025 as he is Penrith Council’s Representative for St Marys Town Centre Corporation.

DELIVERY PROGRAM REPORTS

Outcome 4 - We manage and improve our built environment

1 Compass Drive, Kemps Creek - Proposed Bus Stops and 'Bus Zone' Signage

RECOMMENDED

That:

1. The information contained in the report on Compass Drive, Kemps Creek - Proposed Bus Stops and 'Bus Zone' Signage be received.

2. Consultation be undertaken by Busways with affected properties regarding the proposed bus stops for Bus Route 779 with any substantial objections to be referred back to the Local Traffic Committee for consideration.

3. Subject to no substantial objections being received, the two (2) new Bus Stops and ‘Bus Zone’ signage on Compass Drive, Kemps Creek be endorsed for implementation, as shown in Appendix 1.

4. All costs associated with the installation of bus stops and boarding pads compliant with the Disability Discrimination Act to be funded by Busways and/or Transport for NSW.

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.

2 IRONMAN 70.3 Western Sydney - Sunday 21 September 2025 - Sydney International Regatta Centre

RECOMMENDED

That:

1. The information contained in the report on IRONMAN 70.3 Western Sydney - Sunday 21 September 2025 - Sydney International Regatta Centre be received.

2. The event applicant be advised that this is a Class 2 Event under the “Guide to Traffic and Transport Management for Special Events”, and that all conditions and requirements specified must be complied with prior to the event.

3. As per Attachment 1 and Attachment 2, approval be given for the temporary closure of the following roads from 4:00am to 4:30pm on Sunday 21 September 2025:

· McCarthys Lane – between Pipe Gate to Castlereagh Road

· Castlereagh Road – between Andrews Road and Springwood Road

· Brooks Lane – between Castlereagh Road and Wilshire Road

· Wilshire Road – between Brooks Lane and Jockbett Road

· Jockbett Road – between Wilshire Road and The Driftway

· The Driftway – between Castlereagh Road and Londonderry Road

· Old Castlereagh Road – between SIRC and Castlereagh Road

4. The Traffic Management Plan for the “Ironman 70.3 – Western Sydney” on Sunday 21 September 2025 be endorsed, subject to the following conditions:

a) A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with Transport for NSW and Traffic Management Centre for approval, prior to the event. A copy of the Transport for NSW approval must be submitted to Council prior to the event.

b) The event applicant liaise with NSW Police and obtain any approvals if required.

c) The event applicant arranges an information letterbox drop and personal communication to all business proprietors, property owners/tenants, residents and other occupants in the affected streets two weeks prior to the event. Any concerns or requirements must be resolved by the applicant.

d) The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $20 million, 30 days prior to the event. In addition, the event applicant indemnifies Council, in writing, against all claims for damage and injury which may result from the proposed event.

e) A detailed Traffic Guidance Scheme be prepared by a qualified and certified professional and submitted to Council, Transport for NSW and NSW Police prior to the event. The Traffic Guidance Scheme shall detail how a minimum 4.0m emergency lane is maintained at all times during the event.

f) The event applicant arranges to place barricades and provide Transport for NSW accredited Traffic Controllers where required by the approved Traffic Management Plan. Where the Traffic Management and Traffic Guidance Schemes indicate Traffic Controllers are to be used, all Traffic Controllers must have current Transport for NSW certification.

g) The event applicant provides advice to Council prior to the event that the event complies with the NSW Work Health and Safety Act 2011 and Work Health and Safety Regulations 2017.

h) The event applicant advertises the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event and provide variable message signs (VMS) in appropriate locations a minimum of two weeks prior to the event, with the locations of the VMS boards submitted to Council for endorsement prior to their erection. VMS boards should be located in accordance with the Transport for NSW Technical Direction TDT2002/11c.

i) The event applicant notifies the Ambulance Service of NSW, fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Service of the proposed event and submits a copy of the notification to Council prior to the event.

j) The event applicant notifies bus companies of the proposed event and submits a copy of the notification to Council prior to the event. Bus companies shall be requested to advertise any changed route for affected buses at least four weeks prior to, and during, the event.

k) Should the consultation process resolve to temporarily relocate bus stops or bus routes that were not indicated in the original Traffic Management Plan, a further report be required to be submitted to the next available Local Traffic Committee meeting.

l) The event applicant ensures that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulations 2017.

m) The event applicant advises competitors to obey road rules and Police directions during the event.

5. Any proposed speed limit reductions are subject to the separate approval of Transport for NSW.

6. All works as part of this approval be conducted at no cost to Council.

7. As a requirement of the TfNSW “Guide to Traffic and Transport Management for Special Events 2006” this approval endorsing the Traffic Management Plan be considered as Council’s authorisation to regulate traffic on Council’s roads.

8. Council’s Traffic section enter the road closures associated with the event into the Live Traffic NSW system.

9. Council’s City Presentation team be notified to ensure access is provided through Nepean Street, Cranebrook, on the day of the event.

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

3 Thornton Estate – Amendment to the Endorsed 40km/h High Pedestrian Activity Area

RECOMMENDED

That:

1. The information contained in the report on Thornton Estate – Amendment to the Endorsed 40km/h High Pedestrian Activity Area be received.

2. Consultation be undertaken with affected properties regarding the proposed variation to the High Pedestrian Activity Area scheme, as shown in Appendix 1.

3. Subject to no substantial objections being received, the proposed concept plan as shown in Appendix 1 be forwarded to Council’s Design team for detailed design.

4. The proposed raised pedestrian crossing on Lord Sheffield Circuit west of Radcliffe Place and at-grade pedestrian crossing with refuge island gateway treatment on Lord Sheffield Circuit east of Combewood Avenue, as shown in Appendix 1, be endorsed for construction subject to no significant changes being made during detailed design.

5. A street lighting assessment be conducted as part of the future detailed design in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category.

4 St Marys Spring Festival and Street Parade - Saturday 6 September 2025

RECOMMENDED

That:

1. The information contained in the report on St Marys Spring Festival and Street Parade - Saturday 6 September 2025 be received.

3. Approval be given for the temporary closure of the following streets and times on Saturday 6 September 2025:

Location	Festival Closures	Parade Closures
Queen Street, between King Street and Philip Street	6am – 6pm
Belar Street, between West Lane and Queen Street	6am – 6pm
Charles Hackett Drive, between Carinya Avenue and Queen Street	6am – 6pm
Crana Street, between West Lane and Queen Street	6am – 6pm
Chapel Street, between Queen Street and East Lane	6am – 6pm
Phillip Street, between Queen Street and East Lane	6am – 6pm
Waratah Street, between Kalang Avenue and Acacia Avenue		11am – 1pm
Merinda Street, between Kalang Avenue and Acacia Avenue		11am – 1pm
Acacia Avenue		11am – 1pm
Araluen Avenue		11am – 1pm
Merinda Street, between Acacia Avenue and Carinya Avenue		12:15pm – 1:30pm
Carinya Avenue, between Merinda Street and Nariel Street		12:15pm – 1:30pm
Carsons Lane, between Queen Street and Carinya Avenue		12:15pm – 1:30pm
Queen Street, between King Street and Great Western Highway		12pm – 1:30pm

4. The Traffic Management Plan for the St Marys Spring Festival and Street Parade on Saturday 6 September 2025 be endorsed, subject to the following conditions:

b) The event applicant liaise with NSW Police and obtain any approvals if required.

f) The event applicant arranges to place barricades and provide Safe Works NSW accredited Traffic Controllers where required by the approved Traffic Management Plan. Where the Traffic Management and Traffic Guidance Schemes indicate Traffic Controllers are to be used, all Traffic Controllers must have current Safe Work NSW certification.

g) The event applicant provides advice to Council prior to the event that the event complies with the NSW Work Health and Safety Act 2011 and Work Health and Safety Regulations 2017.

l) The event applicant ensures that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulations 2017.

5. Any proposed speed limit reductions are subject to the separate approval of Transport for NSW.

6. As a requirement of the TfNSW "Guide to Traffic and Transport Management for Special Events 2006”, this approval endorsing the traffic management plans be considered as Council’s Authorisation to regulate traffic on Council roads.

7. Council’s Traffic section enter the road closures associated with the event into the Live Traffic NSW system.

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

GENERAL BUSINESS

GB 1 Leichhardt Avenue, Werrington County

Ben Cantor – Busways raised concerns about the ‘Bus Only’ link at Leichardt Avenue, Werrington County after another vehicle got stuck on Friday last week (4 July 2025). Busways has put a request to Transport for NSW to get a traffic/bus camera installed. Sergeant Stephen Page - Nepean Police Area Command (PAC) acknowledged this is an enforcement issue and will arrange for patrols to be carried out. Joshua Hull – Head of Engineering Services (Chair) acknowledged Council is aware of the behavioural issues occurring and Council will support any advocacy for a self-enforcing system and can provide Busways with a key for the gates to be opened when there is an incident that blocks access for buses.

RECOMMENDED

That the information be received.

GB 2 Banks Drive, St Clair

Angela Maltese (Representative for the Member for Badgerys Creek) advised that concerns have been received from constituents regarding traffic congestion on Banks Drive, St Clair specifically at the intersection with Mamre Road. Joshua Hull – Head of Engineering Services (Chair) advised that Transport for NSW is currently upgrading this section of Mamre Road to improve capacity and that a review of traffic signal phasing may be warranted in the interim. Siva Balasubramaniam – Transport for NSW (TfNSW) advised that he will pass this on to the relevant project team but a request will need to be made by the Member for Badgerys Creek to the Minister to look at the phasing of the traffic lights.

RECOMMENDED

That the information be received.

There being no further business the Chairperson declared the meeting closed the time being 9:25am.

RECOMMENDATION

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

Ordinary Meeting 21 July 2025

REPORT AND RECOMMENDATIONS OF THE
Heritage Advisory Committee MEETING

HELD ON 18 June, 2025

PRESENT

Councillor Garion Thain (Chair), Councillor Libby Austin, Peter Wood (PCC), Jenny Blaikie (PCC), Jasmin Toro (PCC), Brooke Levingston (PCC), Danielle Fox (PCC), Beth Moore, Eleanor Banaag, Phil Martin, David Gordon, Danielle Embleton (online).

APOLOGIES

That the apologies from Dr James Broadbent AM, Wendy Herne and Dr Rowan Day be accepted.

CONFIRMATION OF MINUTES - Heritage Advisory Committee Meeting - 23 April 2025

That the minutes of the Heritage Advisory Committee Meeting of 23 April 2025 be confirmed.

DECLARATIONS OF INTEREST

Nil.

DELIVERY PROGRAM REPORTS

Outcome 3 - We plan and shape our growing City

1 Draft NSW Heritage Strategy

Head of Development Services (HoDS) spoke about the Government’s new Draft NSW Heritage Strategy as referred to in the report and currently on exhibition until 13 July 2025. Council’s City Strategy department has reviewed the Draft NSW Heritage Strategy and has provided feedback to the Development Services department.

Council’s review concluded that the draft strategy continues to align with longstanding heritage principles. Something new in the draft strategy is the specific reference to the NSW housing reforms, and while individual local heritage items are stated as remaining protected, the strategy is silent on protection of Local Heritage Conservation Areas. The Penrith Local Government Area (LGA) has a number of important Heritage Conservation Areas namely: Hornseywood Avenue, Lemongrove, Warwick Street, North St Marys Staff Cottages, Mulgoa Road and Park Road Conservation Areas and generally zoned R2 Low Density Residential areas.

HoDS highlighted that the draft strategy could lead to changes to State policies which remove current assessment requirements for Heritage Conservation Areas. Council’s submission therefore seeks clarification and confirmation that the Draft NSW Heritage Strategy will maintain a strategic planning framework intended to retain current assessment requirements for Heritage Conservations Areas.

HoDS mentioned that Council has received a submission from Friends of Fernhill & Mulgoa Valley raising concerns about Conservation Areas in the draft strategy. Their submission recognises that Fernhill is a state heritage item and will continue to be protected, however, seeks State Heritage listing of the Mulgoa Valley as a Conservation Area for its historical landscape.

Phil Martin supports the objection to the use of the word individual mentioned in the final sentence of the draft strategy. Eleanor Banaag suggested there is scope in the draft strategy affecting local heritage items where they intersect state heritage items, and HoDs indicated this was reflected in the draft submission.

RECOMMENDED

That:

1. The information contained in the report on Draft NSW Heritage Strategy be received.

2. That the Heritage Advisory Committee supports Council making the draft submission as attached to this report.

2 Planning Proposal for Western Sydney University - Werrington Precinct

Senior Planner Brooke Levingston, supported by Senior Planner Danielle Fox from Council’s City Planning department presented on the Planning Proposal received from Stockland Development and Western Sydney University (WSU) for the land located at Western Sydney University Precinct at Werrington. The Planning Proposal seeks to amend the Penrith Local Environmental Plan (LEP) to enable redevelopment of the site as a mixed-use precinct.

A summary of the Planning Proposal, with a focus on the heritage listing associated with Frogmore House and its surrounds, was provided. The summary emphasised heritage values, including retaining Frogmore House but reducing the heritage curtilage to approximately 2.2 ha instead of the entire north campus.

The Planning Proposal includes a Historical Archaeological Assessment and Statement of Heritage Impact. Currently, a Conservation Management Plan is being prepared which will assist in providing information about what building works are required for Frogmore House.

Aboriginal Cultural Heritage (ACH) items have been identified on the land and Council has engaged consultant, Zion Engagement & Planning to undertake an adequacy assessment of the report.

The Committee discussed the existing state and future of the WSU campuses and Council Officers made particular note for consideration of the extent of open space remaining as part of and in addition to the proposed curtilage of Frogmore House.

RECOMMENDED

That the information contained in the report on Planning Proposal for Western Sydney University - Werrington Precinct be received.

3 Heritage Assistance Fund Update

HoDS informed the Committee that a final inspection of completed works under the 2023/2024 Heritage Assistance Fund round was carried out earlier today of “Combewood” house and Council staff and Beth Moore had the privilege of a tour from property owners Margarita and Ian Scott.

HoDS presented to the Committee a brief summary of the 2024-2025 heritage assistance funding applications. From a total 12 approved application, 8 are now complete with 3 remaining. If the remaining 3 are not complete by the end of the financial year, or do not apply for an extension, the remaining funds will go back to the reserve. Of the 4 outstanding projects from 2023-2024 round, 1 has indicated being completed which is Combewood and the funds from the other 3 if incomplete will transfer to the reserve if not completed by end of financial year.

A slideshow was presented to the Committee showing before and after photographs of the latest successfully completed restoration of properties located in Conservation Areas, emphasising the importance of increasing the integrity of buildings in our Conservation Areas. This included photographs of Combewood house, showing recently completed restoration repairs. It was also noted that the owners of Combewood house previously ran open days regularly, however, the owners are not physical up to running large groups visits to the property due to the preparation that is involved.

HoDS commented on the significant curtilage surrounding the property and also informed the Committee about the shared footpath Council is proposing between Coreen Avenue and Castlereagh Road, which may require trimming of overgrown garden along the property boundary to which the owners have expressed their concern.

The Committee was briefed on the next 2025-2026 round, with notification letters being sent to property owners by 25 June and advertising being run in the Western Weekender on 27 June. The SmartyGrants portal will open on 1 July and applications will be received until 3 August 2025. It is anticipated that all the applications will be reviewed with recommendations by 6 August 2025.

David Gordon asked whether applicants can reapply from previous rounds. HoDS advised that they can, however, recommendations for priority are based on the selection criteria under the program.

RECOMMENDED

That the information contained in the report on Heritage Assistance Fund Update be received.

GENERAL BUSINESS

GB 1 Milestone Marker

HoDS showed photographs of a potential Mile Stone Marker located at a private property in Colyton. The property owners are upgrading their driveway and wish to remove the stone marker as part of the renovation. Phil Martin suggested that it looks like the etching is amateur due to the numerals not being consistent with other markers on record. HoDS advised that Council will contact the landowner and consider relocation of the stone to an appropriate location/custodian pending authentication.

UB 2 Nomination for Lapstone Creek Rock Shelter

HoDS advised that Council has received, from Heritage NSW, Notice of Nomination of an Aboriginal Place under section 84 of the National Parks and Wildlife Act 1974 (NSW) located at Lapstone Creek Rock shelter, Emu Plains. A location map was shown to the Committee detailing the site partly within the Penrith LGA, but the majority within Blue Mountains Council LGA. Council is invited to make a submission or comment on the proposal by 4 July 2025.

The land is currently owned by Department of Conservation and Land Management and any recommendation to identify an Aboriginal Place on this site would have limited impact to development, given the land ownership, current use (mostly bushland) and zone. As such, a submission is not warranted.

GB 3 Status of ‘History Conference’

Beth Moore updated the Committee on behalf of Phillip Braham, President of Nepean District Historical Society that the proposed History Conference has been postponed until next year due to being unable to finalise support. It was confirmed that Nepean High facilities have been secured as the venue for the event and the extra time will allow the History Conference Committee to gather further support.

There being no further business the Chairperson declared the meeting closed the time being 6:10pm and the next meeting being Wednesday, 20 August 2025.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Heritage Advisory Committee meeting held on 18 June, 2025 be adopted.

Ordinary Meeting 21 July 2025

PP&VA Constitution

Compiled by: Tiffany LeeShoy, Senior Cultural Strategy Officer

Marcella Kelshaw, Head of City Activation, Community and Place

Tim Power, Head of Legal Services

Authorised by: Sandy Davies, Director Community Connection

Matthew Bullivant, Director Corporate Services

Outcome	We are welcoming, healthy, happy, creative and connected
Strategy	Enhance community wellbeing, safety and neighbourhood amenity
Principal Activity	Work with partners to develop and integrate strategies that strengthen our community

Executive Summary

Australian Government legislative changes in the way not-for-profits & charities are regulated have come into effect. These changes, coupled with the dissolution of the federal Register of Cultural Organisations (ROCO), are impacting Penrith Performing and Visual Arts (PP&VA) and other cultural organisations.

The legislative changes mean that PP&VA Deductible Gift Recipient (DGR) status (in place until 14 December 2025) will lapse unless there are amendments made to the PP&VA Constitution. This would mean that PP&VA would no longer be able to receive tax-deductible donations from the public. This income stream for PP&VA is currently $150k per annum with plans to aim for donations in the order of $200-300k per annum.

In order to maintain DGR status, PP&VA must gain charitable status from the Australian Charities and Not-for-profits Commission (ACNC). This requires amendments to PP&VA’s Constitution to:

1. Clearly delineate PP&VA as a separate entity to Council that determines its own independent strategy and operation, and

2. Ensure that in the event of PP&VA being wound up, any surplus non-Council assets are distributed to a registered charity with similar objectives to PP&VA, with provision for Council to determine the charity.

The investigation into the impact of the legislative changes also identified that artworks have been acquired into the Collection of Penrith Regional Gallery by PP&VA when they should have been acquired by Council. This means that all artworks that make up the Collection, including those acquired by PP&VA after the 2005 merger (that formed PP&VA), should rightfully be owned by Council. The title of all PP&VA acquired artwork will be transferred from PP&VA to Council.

Background

Penrith Performing & Visual Arts (PP&VA) was formed in 2005 after the amalgamation of Penrith Bi-Centennial Performing Arts Centre Limited, Q Theatre and Penrith Regional Gallery and The Lewers Bequest. PP&VA is a public company limited by guarantee. It is an independent company separate from Penrith City Council.

PP&VA operates the Joan Sutherland Performing Arts Centre (JSPAC) on High Street Penrith and the Penrith Regional Gallery, Home of the Lewers Bequest (PRG/TLB) on River Road, Emu Plains.

Established to foster and promote the cultural landscape of Penrith, PP&VA plays a crucial role in enriching the community through diverse artistic expressions and educational programs. The organisation’s mission is to provide accessible and inclusive cultural experiences that enhance the quality of life for residents and visitors alike.

PP&VA is a separate legal entity from Penrith City Council. The objectives and operations of the PP&VA are managed by a Board of Directors in accordance with the Constitution of the PP&VA. The PP&VA Board appoints a Chief Executive Officer to manage day to day operations

The Board of the PP&VA consists of up to 10 Directors in total, including up to 6 Directors from the community and up to 4 Directors as representatives of Council including the General Manager or their nominee, and 3 Councillors. The duty of each Director is to act in the best interests and in good faith to PP&VA. To provide continuity on the Board at the AGM, half the Community Directors are appointed for two (2) years and half for four (4).

The current Board membership includes Mr Adam Porter (Chair), Ms Dale Maxwell-Smith (Deputy Chair), Mr Don Church (Secretary), Councillor Kirstie Boerst, Councillor Robin Cook, Councillor Ross Fowler OAM, Mr. Andrew Jackson (General Manager’s Representative), Ms Melissa Matheson, Ms. Alison McLaren and Ms Amanda Rudolf.

Council is PP&VA’s largest financial contributor. Funding of $2.579m for PP&VA is included in Council’s adopted 2025-26 Budget which represents $48% of PP&VA’s overall 2025-26 $5.323m budget. PP&VA earns the balance of its income from box office sales, donations and sponsorship, retail and project grants.

Current Situation

Deductible Gift Recipient (DGR) Status

Historically, PP&VA had Deductible Gift Recipient (DGR) status as result of its endorsement on the federal Register of Cultural Organisations (ROCO). At this time, an organisation did not need to be a charity to be endorsed by the ATO for the operation of a public fund listed on the ROCO.

Following the Treasury Laws Amendment (2021 Measures No. 2) Act 2021 (Cth), for a cultural organisation to be endorsed as a DGR, it must be a charity. In 2022 PP&VA applied to the Australian Charities and Not-for-Profits Commission (ACNC) for registration as a charity but subsequently withdrew that application following the ACNC’s preliminary view that PP&VA was a “government entity” pursuant to section 4(1)(b) of the Charities Act 2013 (Cth) (Charities Act).

Ordinarily, not being a charity would have eventuated in the revocation of PP&VA’s DGR endorsement. However, due to transitional provisions PP&VA successfully obtained a three-year extension. Its DGR endorsement will expire on 14 December 2025.

DGR status allows PP&VA to receive tax-deductible donations from the public. At present these donations are up to $150k per annum. PP&VA is developing giving programs across the Conservatorium and Penrith Regional Gallery, and it represents an important income stream for the organisation that is at risk if DGR status is not retained.

Proposed Changes to PP&VA Constitution

There are currently two obstacles to PP&VA’s approval for charity registration. The first is PP&VA’s potential classification as a ‘government entity’ arising from its connection with Council. Government entities are ineligible for registration as charities due to their inherent control or substantial influence by government.

Secondly, the current winding up provisions in the PP&VA Constitution do not comply with the requirements for charitable status. At present, “surplus assets” are received by Council. However, the Australian Charities and Not-for-Profits Commission (ACNC) requires that upon winding up, a charity will distribute surplus assets to another registered charity with similar objectives.

In order to address these issues, updates to the PP&VA Constitution are proposed. These are summarised below:

1. Define Community Directors (clause 1)

To reinforce the distinction between government and non-government directors, the proposed Constitution uses the term “Community Director” rather than “Non-Council Director” and provides a definition.

2. Mandate a requirement for a majority of Community Directors (clause 16.1(ii))

This change formalises the practice for the last 35 years where Community Directors are the majority. It is also best practise and recommended by a range of regulatory bodies. It is a requirement of all publicly listed companies.

3. Specify Chair and Co-Chair Roles (clause 20.1)

These officer roles have been Community Directors since PP&VA’s inception and will be affirmed by the Constitution changes. It is also best practise and recommended by a range of regulatory bodies. It is a requirement of all publicly listed companies.

4. Winding up provisions (clauses 47,48 and 49)

These new clauses ensure that on winding up Council property is returned to Council; and surplus assets are distributed to a charity with a similar purpose to the PP&VA, with the recipient decided by Council. These amendments will significantly increase the PP&VA’s likelihood of success in their application for charity registration, DGR status and income tax exemption.

Council property includes the items which are integral to the land, the building and the operation of JSPAC and PRG/TLB. All items in the Collection of Penrith Regional Gallery are the property of Council.

Artwork Donations to the Collection of Penrith Regional Gallery

Investigations into the impact of the new federal requirements for DGR status have identified two important issues about the Collection:

(a) That, as the owner of a public art gallery, Council is a deductible gift recipient for Penrith Regional Gallery and the Lewers Bequest

(b) That since the 2005 merger, artworks have been acquired by PP&VA where in fact they should have been acquired by Council. This includes donations through the Australian Government Cultural Gifts Program.

Since 2000, Penrith Regional Gallery and the Lewers Bequest has been registered as a Deductible Gift Recipient (DGR) operated by Penrith City Council. Following the amalgamation in 2005, the Penrith Performing & Visual Arts Public Fund was registered as a DGR in 2009.

In order to participate in the Australian Government Cultural Gifts Program (CGP), the recipient institution must be endorsed under Item 4 of subsection 30-15(1) of the Income Tax Assessment Act 1997 (Cth) (ITAA97). Council is endorsed under item 1 & 4 in connection with its operation of Penrith Regional Gallery and the Lewers Bequest. Therefore, Council is eligible to participate in the CGP, which offers tax incentives to encourage people to donate cultural items to public collections.

PP&VA is however only endorsed under Item 1 of subsection 30-15(1) of the Income Tax Assessment Act 1997 (Cth) (ITAA97) and therefore is not eligible to accept the donations that it has received.

Therefore, all artworks in the Collection of Penrith Regional Gallery should be owned by Council, irrespective of the date of acquisition, and are not subject to asset distribution if PP&VA is wound up as they remain in public trust.

The issue will be rectified by transferring the title of the artworks from PP&VA to Council. This should be completed in Quarter 1 of 2025/2026. It will result in $1.9M in artwork being transferred to Council ownership and a Deed of ownership entered into by Council.

Going forward, Council will be the collecting entity for the Collection. PP&VA will coordinate Collection acquisition on behalf of Council in line with Penrith Regional Gallery’s Collection Policy which was approved by Council.

Financial Implications

Legal title transfers will need to be drafted for Council to accept the Collection artworks acquired by PP&VA since 2005.

If PP&VA is unsuccessful with its application for registration as a charity, it will be required to pay income tax.

Risk Implications

PP&VA’s DGR endorsement ends on 14 December 2025.

If the ACNC determines that PP&VA does not meet the definition of a charity, it will be ineligible for Deductible Gift Recipient (DGR) endorsement beyond this date and future fundraising will be hampered. It may also result in PP&VA being required to pay income tax for 2024-25, the current estimate of income tax payable is a maximum of $30,000.

Furthermore, if PP&VA’s application for charity registration is refused, they will be ineligible to directly access Commonwealth charity tax concessions: income tax exemption, GST concessions and Fringe Benefits Tax (FBT) rebate. PP&VA would be considered a non-charitable not-for-profit cultural organisation. It would need to complete an annual self-review return and demonstrate to the ATO that it is a “society, association or club” in order to meet criteria for income tax exemption as a cultural organisation.

Council has received advice that there is unlikely to be any tax implications for donors and therefore by extension for PP&VA or Council on the transfer of the $1.9M of artwork from PP&VA to Council.

Conclusion

Legislative changes coupled with the dissolution of the federal Register of Cultural Organisations (ROCO) have impacted on the Deductible Gift Recipient (DGR) status of PP&VA.

Under the new system to qualify for DGR status and tax exemptions and concessions, PP&VA needs to be registered with the Australian Charities and Not-for-profits Commission (ACNC) as a charity. This report outlined amendments to the PP&VA Constitution that increase PP&VA’s likelihood of being accepted for registration as a charity so that it can implement its fundraising strategy.

The investigation into the impact of the legislative changes also identified that artworks have been acquired into the Collection of Penrith Regional Gallery by PP&VA when they should have been acquired by Council. This means that all artworks that make up the Collection, including those acquired by PP&VA after the 2005 merger that formed PP&VA, should rightfully be owned by Council. The title of all PP&VA acquired artwork will be transferred from PP&VA to Council in Quarter 1 of 2025/2026.

RECOMMENDATION

That:

1. The information contained in the report on PP&VA Constitution be received.

2. Council resolves to approve the PP&VA Constitution in Attachment 1, subject to any minor editorial amendments.

3. Council delegates responsibility to the General Manager to finalise amendments to the PP&VA Constitution.

4. Council resolves to accept the transfer of title of all artwork in the Penrith Regional Gallery and the Lewers Bequest Collection acquired by the PP&VA.

5. The General Manager be authorised to finalise the terms of and execute a deed for the transfer of the artwork referred to in the body of this report.

ATTACHMENTS/APPENDICES

1. ⇩

2025 Proposed PP&VA Constitution

14 Pages

Attachments Included

Ordinary Meeting 21 July 2025

Works on Private Land - Lot 2 DP 30354 - 66-76 Tench Avenue, Jamisontown

Compiled by: Nikki Akbar, Events and Activations Program Manager

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	Support and implement initiatives which contribute to culture and creativity across our City

Property Owners: Ms Mary Lagis and Ms Millie Vasiliou

Executive Summary

The purpose of this report is for Council to consider the requirement for works on private land at Lot 2 DP30354 – 66-76 Tench Avenue, Jamisontown for the purposes of conducting Council’s Real Festival at Tench Reserve on Friday 12, Saturday 13 and Sunday 14 September 2025.

It is proposed that the vacant area of the above-mentioned private land have necessary maintenance carried out for the purposes of creating a temporary carpark as a parking facility for patrons attending the Real Festival event, and for Council to fund the associated works. This private land was used for festival parking for events held from 2016 to 2019 and again in 2023 and 2024.

Under section 67 of the Local Government Act 1993, a Council resolution is required where works are proposed to be undertaken on private land and the property owner is not to be charged for works performed.

This report recommends that Council endorse the work to be undertaken on private property in accordance with the terms in the report, and that no charge be made to the owners of Lot 2 DP30354, 66-76 Tench Avenue, Jamisontown.

The report further recommends Council’s endorsement for a Licence Agreement between the landowners of Lot 2 DP30354, 66-76 Tench Avenue, Jamisontown and Council for the use of private land and associated works in accordance with the terms in the report, and the General Manager be delegated authority to enter into the Licence Agreement.

Background

On Friday 12, Saturday 13 and Sunday 14 September 2025, Penrith City Council will host its flagship event, Real Festival on the banks of the Nepean River at Tench Reserve. Real Festival is a celebration of arts and culture, and lifestyle activities which are unique to Penrith. After two successful years in 2023 and 2024, Real Festival is expected to be well attended over the three days in 2025.

In anticipation of large numbers of residents and visitors attending Real Festival, it is proposed that an area of private land on Tench Avenue, Jamisontown be used by Penrith City Council as overflow event parking for patrons attending the festival. The use of this land will create an additional 800 parking spaces that would otherwise be unavailable to festival attendees. The land was used for Real Festival parking from 2016 to 2019 and again for 2023 and 2024.

The identified property is 66-76 Tench Avenue (Lot 2 DP 30354) and is 3.358 hectares in size. The property owners have again agreed to make their land available for festival parking and have arranged written consent to be able to use their land for this purpose for the duration of the event.

For this land to be safely used as a public carpark the site will need to be mowed twice.

Based on works required in previous years, Council’s Operations Coordinator - Public Spaces Maintenance has determined that to make the site fit for purpose, the following works will need to be undertaken:

· First mow of site by a tractor with slasher in the last week of August

· Second mow of the site the week before the event

· Whipper snipping on site as appropriate.

Licence Agreement

A Licence Agreement between the landowners and Council will need to be executed prior to the beginning of the works. A Licence Agreement has been prepared and reviewed by Council’s Legal team. In summary, it will allow Council and its contractors to carry out the required works and indemnify the landowners against any damage, loss or injury to any persons using the land for the purposes of a temporary carpark, as well as any loss or damage or injury to any person who may be injured while Council is undertaking works on the land.

Prior to the event it is proposed to undertake a pre-event inspection with the property owners to record the condition of the site and assist in the identification of any rectification works post-event.

If any rectification works are required, a subsequent report will be submitted to Council.

Financial Implications

The value of the work to be conducted is estimated to be $3,020. This is comprised of labour and transport for Council staff as well as all necessary plant and equipment to perform necessary maintenance, and to ensure usability of the site. These costs will be funded from within the 2025 – 2026 Real Festival event budget.

In addition, Council will undertake a pre-event inspection with the property owners to record the condition of the site and assist with the identification of any post event rectification works. Should any rectification works be required, a subsequent report will be submitted to Council.

Risk Implications

Council officers have considered the risks involved in the project and implemented appropriate control measures. For example, the risk of damaging property and/or harming people whilst performing the work, will be controlled by site induction, site safety plan and ensuring contractors, if required, have appropriate insurance cover.

In addition, the contractors being utilised for traffic control at the event also carry all appropriate licences and insurances for the course of the event.

Conclusion

This report seeks approval for works on private land at Lot 2 DP30354 - 66-76 Tench Avenue, Jamisontown for the purposes of conducting Council’s Real Festival at Tench Reserve on Friday 12, Saturday 13 and Sunday 14 September 2025.

The works will support an additional 800 parking spaces for the event that would otherwise be unavailable to festival patrons. The land was used for Real Festival parking from 2016 to 2019 and again in 2023 and 2024.

With Council’s approval a Licence Agreement will be put in place to support works to the site pre and post event.

RECOMMENDATION

That:

1. The information contained in the report on Works on Private Land - Lot 2 DP 30354 - 66-76 Tench Avenue, Jamisontown be received.

2. Council agree to the work to be undertaken on private property in accordance with the terms in the report, and that no charge be made to the owners of Lot 2 DP30354, 66-76 Tench Avenue, Jamisontown.

3. Council endorse a licence agreement between the landowners of Lot 2 DP30354, 66-76 Tench Avenue, Jamisontown and Council for the use of private land and associated works in accordance with the terms in the report, and the General Manager be delegated authority to enter into the licence agreement.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 21 July 2025

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

Compiled by: Prudence Hudson, Senior Planner

Owen Lay, Planner

Brooke Levingston, Executive Planner

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.

Previous Items: Amendment to Penrith Development Control Plan 2014 - 5.2 Child Care Centres and other Housekeeping Matters – Ordinary Meeting 28 April 2025

Amendment to Penrith Development Control Plan 2014 - 5.2 Child Care Centres and other Housekeeping Matters – Councillor Briefing 31 March 2025

Executive Summary

The purpose of this report is to present to Councillors the results of the public exhibition of draft amendments to Penrith Development Control Plan (DCP) 2014 relating to Chapters D5 – 5.2 Child Care Centres, E7 Glenmore Park Stage 3 and E17 Orchard Hills North.

At its Ordinary Meeting of 28 April 2025, Council resolved to endorse the draft amendments for public exhibition. The prioritisation of this public exhibition was supported as:

· Council is experiencing immediate challenges in the assessment of Development Applications (DAs) for child care centres and defence of appeals within the NSW Land and Environment Court (LEC)

· Some urgent minor errors and anomalies need to be corrected in Chapters E7 Glenmore Park Stage 3 and E17 Orchard Hills North which are impacting the assessment of DAs

The draft amendments are provided as attachments to this report.

The public exhibition was open from Friday 16 May to Monday 16 June 2025. Four submissions were received, all responding to the draft amendments relating to child care centres. However, no changes to the draft controls were proposed.

This report recommends that Council adopt the draft amendments to Penrith DCP, as exhibited. It also recommends a savings provision is put in place, for child care centre Development Applications that have already been lodged.

The draft notifications for the list of amendments in Penrith DCP Part A, Section 1.8 are provided as an attachment to this report.

Background

At its Ordinary Meeting of 28 April 2025, Council resolved to endorse the public exhibition of draft amendments to Penrith DCP 2014 relating to child care centres (Chapter D5, Section 5.2) and housekeeping changes for controls applying to Glenmore Park Stage 3 and Orchard Hills North (Chapters E7 and E17 respectively).

The proposed amendments to child care centres are needed as Council is experiencing immediate challenges in the assessment of child care centre DAs and defence of appeals within the NSW LEC. The changes intend to:

· Improve clarity and guidance for future child care centre development applications in their built form and landscaping controls, and to deliver developments best suited to their settings and surroundings.

· Apply current industry standards and guidelines.

· Simplify and strengthen Council’s assessment process and decision making.

· Strengthen alignment to Council’s social infrastructure and strategic planning.

· Reduce the number and cost of appeals before the NSW LEC.

The proposed housekeeping amendments are required to correct minor errors and anomalies which are impacting the assessment of DAs in the new release areas of Glenmore Park Stage 3 and Orchard Hills North. The key changes include:

· Glenmore Park Stage 3: Update reference to water management strategy.

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

Public Exhibition

The public exhibition ran from Friday 16 May 2025 to Monday 16 June 2025. It was undertaken in accordance with community consultation requirements under the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulations 2021, and Council’s Community Participation Plan 2024-2028.

Exhibition materials were made available on Council’s YourSay page, Penrith Civic Centre, and Penrith and St Marys Libraries. Newspaper advertisements were placed in the Western Weekender throughout the exhibition period.

Submissions

Four submissions were received during the public exhibition period. All submissions related to the draft amendments to the child care centre chapter. There were no submissions regarding the proposed housekeeping amendments for Glenmore Park Stage 3 or Orchard Hills North.

The submissions raised concerns that the changes would:

· Impact existing DAs that have been lodged but not yet determined. It was requested that a savings provision be applied to ensure the draft changes would not affect existing DAs.
Note: A savings provision preserves the right of DAs to be assessed against the controls in place at the time their application was submitted, not draft controls yet to be endorsed and commenced.

· Create challenges in the delivery of child care centres, and, therefore, impact availability of child care in the Penrith Local Government Area (LGA).

However, these submissions did not provide reference to any specific control. It is noted that the Frequently Asked Questions that were placed on exhibition as part of the exhibition process outlined that existing DAs currently lodged with Council would be assessed against the existing controls, therefore requiring a savings provision to be included in the amendment.

A summary of issues raised in submissions, and Council’s proposed response is provided in the table below.

Submission Summary

Council Response

A savings provision should be applied to ensure the proposed changes do not impact existing DAs for child care centres.

DAs submitted on and after the commencement of the draft DCP child care centre amendments will be assessed against the new controls. Part A, Section 1.8 of Penrith DCP will indicate the commencement date.

A savings provision applies to the following DAs. These DAs will continue to be assessed against the DCP child care centre controls in force, at the time of their lodgement:

· DA25/0331

· DA25/0352

· DA25/0332

· DA25/0404

· DA24/0996

· DA24/0886

Part A, Section 1.8 of Penrith DCP will include reference to the savings provision and the above listed DAs.

The draft controls will restrict the delivery of child care centres and impact availability of child care in the Penrith LGA.

The draft amendments include new and revised objectives and controls which have been tailored specific to land use zones. This will support the delivery of child care centres by providing improved guidance to proponents, in turn making the DA assessment process more efficient. It will also lead to improved built form and landscaping outcomes that better reflect the surrounding local character.

Importantly, the proposed amendments do not prohibit or restrict the permissibility of locations where child care centres can be built.

Next Steps

Should Council resolve to adopt the draft DCP amendments, notice of Council’s decision will be published on Council’s website within 28 days to ensure Council’s statutory obligations under the Environmental Planning and Assessment Regulation 2021 are met. This notice will also indicate the date which the draft amendments will come into effect.

Financial Implications

Whilst there are no specific financial implications associated with this report, the proposed amendments to DCP controls for child care centres seek to improve outcomes and provide greater clarity regarding Council expectations.

Risk Implications

The proposed amendments relating to child care centres are needed as Council is experiencing immediate challenges in the assessment of DAs for child care centres and defence of appeals within the NSW LEC. The proposed amendments will provide improved guidance to proponents and assessing officers, and, thereby, make the DA assessment process more efficient. The proposed amendments also seek to decrease legal appeals on assessment decisions and seek to improve Council’s legal position for future appeals.

The proposed housekeeping amendments, whilst minor, are considered urgent due to the number of DAs being submitted in Glenmore Park Stage 3 and Orchard Hills North.

Conclusion

The public exhibition of draft amendments to Penrith DCP relating to child care centres and other housekeeping amendments has now concluded.

Four submissions were received, all in response the draft amendments to child care centres. These submissions raised concerns that the amendments would impact existing DAs and could restrict the deliverability of child care centres. This has been addressed through the inclusion of a savings provision in the DCP in relation to this amendment. There were no submissions for the other housekeeping matters applying to chapters E7 Glenmore Park Stage 3 and E17 Orchard Hills North. No changes to the draft amendments are proposed.

Should Council endorse the draft amendments for adoption, notice of Council’s decision will be published on Council’s website. This notice will also indicate the date the draft amendments will come into effect.

All submitters will also be notified of Council’s decision.

RECOMMENDATION

That:

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

2. That Council adopt the draft DCP amendments to child care centres (Attachment 1), and housekeeping amendments to Chapter E7 Glenmore Park Stage 3 (Attachment 2) and Chapter E17 Orchard Hills North (Attachment 3).

3. Notice of Council’s decision will be published on Council’s website.

4. A date for commencement of the draft amendments and specified savings provision be published on Council’s website and within Part A, Section 1.8 of Penrith DCP 2024 (Attachment 4).

5. Council notifies submitters of Council’s decision.

6. The General Manager be granted delegation to make any minor changes to the draft amendments to fix any errors or to make typographical corrections.

ATTACHMENTS/APPENDICES

1. ⇩	Draft Amendment to Penrith DCP 2014 Chapter D5 - 5.2 Child Care Centres	21 Pages	Attachments Included
2. ⇩	Other Housekeeping Matters - Chapter E7 Glenmore Park Stage 3	89 Pages	Attachments Included
3. ⇩	Other Housekeeping Matters - Chapter E17 Orchard Hills North	79 Pages	Attachments Included
4. ⇩	Draft Amendment to Penrith DCP 2014 Part A Introduction - Section 1.8	9 Pages	Attachments Included

Ordinary Meeting 21 July 2025

Planning Proposal Employment Zones Review - Results of Public Exhibition

Compiled by: Owen Lay, Planner

Danielle Fox, Senior Planner

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

Previous Items: Planning Proposal - Employment Zones Review - Ordinary Meeting - 03 Mar 2025

Executive Summary

The purpose of this report is to present the results of the public exhibition for the Planning Proposal - Employment Zones Review. This council-initiated Planning Proposal seeks to amend Penrith Local Environmental Plan 2010 (LEP 2010) to align with the outcomes of Council’s review of its employment lands across the City.

The Planning Proposal was placed on public exhibition from Friday 16 May to Monday 16 June 2025 and no submissions were received. A post-exhibition amendment is proposed to retain Clause 7.12 Maximum gross floor area for commercial premises in LEP 2010, but to only apply this clause to land currently identified in the Caddens/Kingswood area, excluding land zoned R3 Medium Density Residential.

The post-exhibition amendment will allow further strategic work to be undertaken to determine whether this clause is appropriate in the Caddens/Kingswood area, noting the recently lodged Planning Proposal for the Western Sydney University – Werrington Precinct (WSU Precinct) and an upcoming State Significant Development Application for the Caddens Corner Shopping Centre.

This report recommends that Council endorse the Planning Proposal to be made and make a request directly to Parliamentary Counsel’s Office to draft the LEP amendment. The updated Planning Proposal and supporting Appendices are provided at Attachment 1 and Attachment 2 of this report. Attachment 3 provides a map of the Caddens/Kingswood area currently identified in Clause 7.12, and the proposed post-exhibition application of Clause 7.12.

Background

The Planning Proposal (as exhibited) seeks to amend LEP 2010 relating to certain employment zoned land including:

1. Remove Clause 7.12 Maximum gross floor areas for commercial premises.

2. Introduce a Height of Buildings control for all lots within the E1 Local Centre in Leonay and Lemongrove, Penrith.

3. Rezone Council owned land at 79 Great Western Highway Kingswood to RE1 Public Recreation.

4. Permit service stations in E4 General Industrial zone.

5. Correct obsolete property descriptions and update mapping for E4 General Industrial zoned land at Cranebrook.

6. Introduce an additional permitted use for certain land zoned E4 General Industrial at Castlereagh Road Penrith, to allow vehicle sales or hire premises, and

7. Remove certain land uses from Clause 38 that are permissible under State Environmental Planning Policies.

Council at its Ordinary Meeting of 3 March 2025, endorsed:

· the Planning Proposal to be forwarded to Department of Planning, Housing and Infrastructure (DPHI) to seek a Gateway Determination, and

· the public exhibition of the Planning Proposal in accordance with the Gateway Determination conditions and relevant legislation.

On 5May 2025, DPHI forwarded Council the Gateway Determination (provided as Attachment 4) that:

· allows the Planning Proposal to proceed to public exhibition, with no requirement for consultation with public authorities or government agencies, and

· allows Council to exercise local plan-making authority functions.

Public Exhibition

The Planning Proposal was publicly exhibited from Friday 16 May to Monday 16 June 2025. The public exhibition was undertaken in accordance with the Gateway Determination, community consultation requirements under the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulations 2021, and Council’s Community Participation Plan.

Exhibition materials were made available on Council’s YourSay page, the NSW Planning Portal, Penrith Civic Centre, and Penrith and St Marys libraries. Newspaper advertisements were placed in the Western Weekender throughout the exhibition period.

Notification letters were sent to landowners and occupiers of properties zoned E1 Local Centre in Lemongrove, Penrith and Leonay as the Planning Proposal seeks to introduce a building height control in these locations. Notification letters were also sent to landowners and occupiers of properties in the vicinity of these properties.

Submissions and Post-Exhibition Amendment

The Gateway Determination did not require any consultation with public authorities or government agencies. Three enquiries were received during the public exhibition period, but no submissions were made.

Item 1 of the Planning Proposal – Employment Zones Review, as exhibited, proposed the removal of Clause 7.12 Maximum gross floor area of commercial premises from LEP 2010. This clause currently applies to eight locations.

One of the locations identified in Clause 7.12 is in the Caddens/Kingswood area, which includes the WSU Werrington South Campus, Caddens Corner Shopping Centre, R4 zoned land to the east, and E1 Local Centre and part of the R3 Medium Density zoned land to the north. A 10,000m2 maximum gross floor area for commercial premises applies to this land. A map of this area is provided as Attachment 3.

Since Council’s endorsement of the Planning Proposal, rezoning and development proposals have been submitted for the WSU Precinct and on land adjacent to the Caddens Corner Shopping Centre.

While the clause does not apply to the campus itself, further consideration has been given to Clause 7.12 and its application to the Caddens/Kingswood area.

It is proposed to amend Item 1 in the Planning Proposal to retain Clause 7.12 Maximum gross floor area for commercial premises in the LEP but only apply this clause to land identified in the Caddens/Kingswood area, except for land zoned R3 Medium Density Residential. This post-exhibition change will allow further strategic work to be undertaken to determine how this area is placed within the hierarchy of centres and to assess the appropriateness of this control in an area that is subject to change. The reason for excluding R3 zoned land is because commercial premises are not the core use for R3 zoned land and this land has already received approval for a residential subdivision.

Attachment 3 provides a map of the Caddens/Kingswood area currently identified in Clause 7.12, and the proposed post-exhibition application of Clause 7.12.

The Planning Proposal has been updated to reflect this post-exhibition amendment. As the proposed amendment only seeks to retain the current control, re-exhibition of the Planning Proposal is not required.

Next Steps

Should Council resolve to endorse the recommendations in this report, the next steps are:

· the Planning Proposal will be forwarded to the Parliamentary Counsel’s Office with a request to draft the LEP, in accordance with the LEP plan-making process for finalisation. A copy of the request will also be forwarded to DPHI.

· notification of the LEP amendment will be included in the NSW Government Gazette.

Financial Implications

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

Risk Implications

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

Conclusion

The public exhibition for the Planning Proposal – Employment Zones Review ended on 16 June 2025. No submissions were received. A post-exhibition change is proposed to item 1 of the Planning Proposal which is outlined within this report. This change seeks to retain an existing control, and therefore does not require the Planning Proposal to be re-exhibited.

This report recommends that Council endorse the amendment to LEP 2010 and for the Planning Proposal to be forwarded to the Parliamentary Counsel Office in accordance with the Gateway Determination.

RECOMMENDATION

That:

1. The information contained in the report on Planning Proposal Employment Zones Review - Results of Public Exhibition be received.

2. Council endorse the Planning Proposal and its supporting Appendices attached to this report as Attachment 1 and Attachment 2.

3. Council adopts the relevant amendments to Penrith Local Environmental Plan 2010 as discussed in this report and the attached Planning Proposal.

4. Council forwards the Planning Proposal and its supporting Appendices to the Minster for Planning and Public Spaces and Parliamentary Counsel’s Office with a request to make the LEP amendment in accordance with the Gateway determination and under s 3.34(6) of the Act.

5. The General Manager is granted delegation to:

a. make any necessary minor changes to the Planning Proposal

b. execute all necessary documents and actions to give effect to Council’s decision to make the LEP amendment.

ATTACHMENTS/APPENDICES

1. ⇩	Planning Proposal - Employment Zones Review	64 Pages	Attachments Included
2. ⇩	Planning Proposal - Appendix 1 - 10	50 Pages	Attachments Included
3. ⇩	Amendment to Clause 7.12 - Current and Post-Exhibition Maps	2 Pages	Attachments Included
4. ⇩	Gateway Determination and Letter to Council	3 Pages	Attachments Included

Ordinary Meeting 21 July 2025

Affordable Rental Housing Contributions Scheme for St Marys Town Centre

Compiled by: Natalie Stanowski, City Planning Coordinator

Kathryn Sprang, Senior Planner

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: Finalisation of St Marys Town Centre Master Plan and Explanation of Intended Effects- Ordinary Meeting- 03 Mar 2025

Executive Summary

This report seeks Council’s adoption of an updated Affordable Rental Housing Contribution Scheme (ARHCS) to reflect the adopted affordable housing contribution rates for the St Marys Town Centre. Affordable housing contribution rates for St Marys were exhibited from 4 to 30 November 2024 and adopted by Council at the Ordinary Meeting of 3 March 2025 as part of the exhibited Explanation of Intended Effects (EIE) for St Marys.

The EIE introduced planning controls for St Marys to replace the Transit Orientated Development (TOD) State Environmental Planning Policy (SEPP). The EIE, as exhibited, identified that the criteria for switching off the TOD provisions required Council to maintain or exceed a 2% affordable housing contribution.

Feasibility testing undertaken post exhibition indicated that under current market conditions, St Marys would only support an affordable housing contribution up to 1%, phased in over 4 years as follows:

· Stage 1 (2028):0.25%

· Stage 2 (2030): 0.50%

· Stage 3 (2034) 1.0%

It is estimated that the income from the affordable housing scheme adopted by Council could range from $15 to $62 million, depending on when development occurs.

The justification for the reduced rates was submitted to the Department of Planning, Housing and Industry (DPHI) for consideration. If DPHI does not support the reduced rates, then it is within their remit to introduce an alternate scheme that does not rely on Council’s ARHCS and proposes a 2% rate. Following further consultation with DPHI, it has been indicated that there is in principle support for Council’s scheme and that if Council amends the ARHCS to reflect the adopted Council rates, then this can be considered by the Minister for Planning as part of the finalisation of the St Marys Town Centre planning package.

The updated ARHCS has been prepared for Council’s consideration and adoption. The ARHCS is considered to be the most appropriate mechanism for the delivery of affordable housing as it enables Council to collect money and deliver affordable housing.

Due to the way that affordable housing schemes are established in legislation, it is necessary for Council to adopt the updated scheme for St Marys prior to the SEPP amendment being made. It is not considered that the ARHCS needs to be exhibited prior to adoption as the affordable housing rates were previously exhibited at 2% and lower rates, based on feasibility, were adopted by Council.

Background

The St Marys Town Centre Master Plan provides detailed guidance on land use, built form, and public space enhancements. It includes proposed amendments to Penrith Local Environmental Plan (LEP), to be implemented through a SEPP amendment currently being drafted by DPHI. The SEPP amendment is informed by the EIE that was exhibited from 4 to 30 November 2024 and adopted by Council on 3 March 2025.

The Master Plan and EIE are also supported by a Development Control Plan (DCP) and Contributions Plan. The DCP for St Marys was adopted by Council on 28 April 2025 and will come into effect when the SEPP amending the LEP is made. The Contributions Plan was also adopted by Council on 28 April 2025 and is currently with DPHI for consideration and final approval from the Minister for Planning.

Council has an adopted Affordable Housing Strategy and Action Plan 2023-2026. The existing ARHCS was originally prepared to support the rezoning of land at Orchard Hills North and Glenmore Park Stage 3 and was adopted by Council on 20 March 2023. The ARHCS was set up so that it could be expanded upon as new precincts are delivered. Councils Affordable Housing Strategy calls for affordable housing to be investigated as new precincts are delivered.

Through the St Marys work it was always anticipated that an affordable housing contribution would be introduced. The accelerated TOD program introduced an expectation of 2% affordable housing. It was found that a 2% contribution rate is likely to negatively impact development feasibility, reducing take-up rates in the early years of the Master Plan. Additionally, St Marys is already delivering a reasonable proportion of affordable and social housing, with over 100 dwellings currently within the study area.

The adoption of the new scheme for St Marys is consistent with Council’s adopted Strategy and an amendment to the Scheme will enable the new rates to come into force.

Current Situation

Council has adopted affordable housing rates for the St Marys Town Centre, as follows:

· Stage 1 (2028):0.25%

· Stage 2 (2030): 0.50%

· Stage 3 (2034) 1.0% .

These rates were informed by feasibility testing prepared by Atlas Economics. The feasibility testing incorporated consideration of the contributions plan that has been prepared by Council to support St Marys Town Centre.

The preferred method of implementation of the Scheme is through an amendment to Council’s existing ARHCS. This would allow affordable housing to be delivered through the collection of money, levied on development, and then allocated and delivered through a Community Housing Provider, as per Council’s existing policy.

DPHI has indicated that an amendment to Clause 7.31 Affordable Housing Contributions is proposed which would support the affordable housing rates adopted by Council and also enable affordable housing contributions to be collected in a manner that is consistent with the existing Council framework. This is preferred so that only one Scheme is in place in the LGA. In order for Council’s adopted rates to be included in the LEP as part of the SEPP amendment, an updated ARHCS is required to be adopted by Council.

An amended ARHCS is provided as Attachment 1 that includes all the updated information for St Marys. This includes the evidence base and viability assessment that was used to inform the adopted rates. These amendments do not change how affordable housing contributions are calculated or collected for Orchard Hills North and Glenmore Park Stage 3. The key matters to be included in the updated document are a map of the St Marys Town Centre boundary (as per the MP) and the adopted rates.

Financial Implications

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

Risk Implications

There are minimal risks associated with the adoption of the amended ARHCS. It is recognised that the ARHCS will be adopted by Council prior to the making of the SEPP by the Minister for Planning which will bring the rates into force and give effect to the ARHCS. Should the Minister make an alternative scheme or change the rates, this may necessitate a further change to the ARHCS. As the Scheme will not apply to St Marys until 2028, there is time to make appropriate amendments. The ARHCS must, however, be in place prior to the making of the SEPP that will introduce new planning controls for St Marys.

Conclusion

Council has endorsed affordable housing rates for St Marys. Amending the ARHCS is necessary to ensure that the endorsed rates are supported by a Scheme and clear delivery framework. Incorporating the St Marys town centre into the ARHCS is considered the most efficient and effective way of ensuring affordable housing contributions are captured from future development and delivered in the most appropriate locations in the LGA through a Community Housing provider.

RECOMMENDATION

That:

1. The information contained in the report on Affordable Rental Housing Contributions Scheme for St Marys Town Centre be received.

2. Council adopt the amended Affordable Housing Contribution Scheme at Attachment 1 and that it comes into effect when it is published on Council’s website.

ATTACHMENTS/APPENDICES

1. ⇩

Draft Orchard Hills North, Glenmore Park (Stage 3) and St Marys Town Centre

56 Pages

Attachments Included

Ordinary Meeting 21 July 2025

PCC2025-268 Blaxland Crossing Reserve

Compiled by: Mitchell Sammut, Project Lead

Authorised by: Tariq Rasheed, Head of Projects

Adam Wilkinson, Director Asset Services

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 Blaxland Crossing Reserve Rehabilitation, Wallacia was advertised on 22 April 2025 on the VendorPanel website and closed on Wednesday 28 May 2025.

This report advises Council of the outcome of the tender process and recommends that the tender from Axial Construction Pty Ltd for $272,217.60 (excluding GST), be accepted to undertake Blaxland Crossing Reserve Rehabilitation, Wallacia.

Background

The severe storms and flooding events of 2022 resulted in significant damage to the Blaxland Crossing Reserve in Wallacia. A large pipe and headwall structure draining water from the nearby Council road was damaged due to erosion of the surrounding earth from both overland flow and flood waters from the Nepean River.

The works required as part of the tender include;

• Site Setout

• Clearing the site of any vegetation, debris, and obstructions to prepare for construction activities.

• The installation of drainage systems pipe and pits.

• Filling land slip areas with rock boulders and compacting the filled areas to ensure stability

• Grading and leveling this include the creation of a grass swale.

The project is funded under the NSW Public Works grant funding as part of the NSW Disaster Relief Assistance Programme and Council is also contributing funding from our Drainage Asset Renewal Programme.

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Council Officers - Project Supervisor Nicole Barton, Design Engineer Lead Kumar Kumareswaran, 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 Vendor Panel on-line tendering portal, which clearly defined the response required against each of the evaluation criteria.

The tenders 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
Masport Pty. Ltd	$139,225.00	16 Hinchinbrook Drive Hinchinbrook NSW 2168	Zeid Elmasri
Azbuild Pty. Ltd	$171,279.00	315 Coobah Rd, East Kurrajong, NSW 2758	Kevin Azzopardi
Anr Engineering Pty Ltd	$190,915.00	14 Seton Rd Moorebank, NSW 2170 Australia	Aram Ruman
Romba Civil & Landscape	$265,614.00	100 Old Bathurst Rd Emu Heights, NSW 2750	Luke Burgmann
Axial Construction Pty Ltd	$272,217.60	78 Belmore Road, Bringelly, NSW 2556	Jay Stanford
Lamond Contracting Pty Ltd	$342,915.98	120 Wilton Road, Wilton NSW 2571	Philip Lamond
Pwg Infrastructure Pty Ltd	$348,847.44	Suite 205, 90 Podium Way, Oran Park NSW 2570	Paul Ferguson Richard O’Malley Joseph Cooney
Urban Infrastructure Pty Ltd	$361,233.00	Unit 4, 12 Lee Street Emu Plains, NSW 2750	Ryan Burgmann
CONVIL GROUP PTY LTD	$385,723.48	4 Vicars Place, Wetherill Park NSW 2164	Naseem Hana
Athassel Civil Pty Ltd	$442,192.00	24 Hewlett St Bronte, NSW 2024	Padraig Morrissey

Evaluation of the Preferred Tender

All 10 tenders were assessed against the assessment criteria to determine the tender submission that, having regard to all the criteria and scope, appears to be the most advantageous to Council. The following provides key information on the outcomes of that assessment.

Masport Pty. Ltd Limited, Azbuild Pty. Ltd, Anr Engineering Pty Ltd. Ltd and Romba Civil & Landscape provided a lower submitted tender than Axial Construction Pty Ltd however, scored lower overall factoring in price and responses.

Masport scored lower in the areas of Key Personnel, Subcontractors, Construction Methodology and Programme. They did not provide a detailed methodology showing lack of a comprehensive understanding of the works.

Azbuild Pty. Ltd also scored lower in the areas of Key Personnel, Subcontractors, Construction Methodology and Programme. There was not a detailed methodology showing lack of a comprehensive understanding of the works. On review of the schedule of rates the Evaluation Panel found there were cost uncertainties in their submission that created unacceptable risks for Council.

Anr Engineering Pty Ltd. Ltd also scored lower in the areas of Key Personnel, Subcontractors, Construction Methodology and Programme. There was not a detailed methodology showing lack of a comprehensive understanding of the works. On review of the schedule of rates the Evaluation Panel found there were cost uncertainties in their submission that created unacceptable risks for Council.

Romba Civil & Landscape scored lower in the areas of Key Personnel and Subcontractors. Relevant staff CVs were not provided, and subcontractor details were not detailed sufficiently.

The panel determined that Axial Construction 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.

Axial Construction Pty Ltd provided a comprehensive tender and have completed similar projects including;

• Sydney Metro City, 2022 -23, Drainage and Pavement Works at Brand St Artarmon - Stormwater Drainage Crossing using Twin pipes. Rehabilitation of impacted road pavement including kerbs & gutters, asphalt pavement including driveways and footpaths. Total project cost $1,650,000

• Transport for New South Wales -2020-23, Kelso to Raglan Stormwater Drainage and Culvert Installation of precast reinforced concrete pipe, stormwater drainage culverts, headwalls, pits, placement of scour protection rocks box culverts and headwalls. Total project cost $2,680,000

In addition, Axial Construction Pty Ltd have successfully completed the following projects for Penrith City Council:

• Surveyors Creek Footpath and Associated Civil Work - 2023, design and construct a footpath connection, seating area and complementing drainage at Surveyors Creek Facility, Glenmore Park. Total project cost $250,000

• Nepean Ave Pathway -2024-2025, Design and Construction services for a new pedestrian pathway along the western side of Nepean Avenue, between Tench Reserve and Memorial Avenue, Penrith. Total Project Cost $2,114,064

The recommended company, Axial Construction 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 Axial Construction Pty Ltd, whilst not the lowest, 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 Axial Construction Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd. Council’s Financial Services team 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 the NSW Public Works grant funding as part of the Disaster Relief Assistance Program and from Council’s Drainage Asset Renewal Programme.

The estimated maintenance and operational cost requirements for the project starts at $7,615/annum. 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 Michael Alderton – Acting Director Asset Services, Stuart Benzie – Acting 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 PCC2025-268 Blaxland Crossing Reserve 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 this 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 address drainage issues and prevent land slip in the designated area.

Conclusion

Ten tenders were assessed against the evaluation criteria. Axial Construction 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 Axial Construction Pty Ltd for $272,217.60 (excluding GST), be accepted to undertake Blaxland Crossing Reserve Rehabilitation, Wallacia.

RECOMMENDATION

That:

1. The information contained in the report on PCC2025-268 Blaxland Crossing Reserve be received.

2. The tender from Axial Construction Pty Ltd for $272,217.60 (excluding GST), be accepted to undertake the Blaxland Crossing Reserve Rehabilitation, Wallacia.

3. 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.

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

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 21 July 2025

Update - Indoor Multi-Sport Arena Project

Compiled by: Robert Tweddle, Head of Business Operations Priority Projects

Authorised by: Stephen Britten, Director Business Operations

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

This report outlines the proposed delivery strategy for the Penrith Indoor Multi-Sport Arena (PIMSA) and recommends that Council endorse the direct engagement of NSW Public Works (NSWPW) as the strategic delivery partner under Section 55(3)(b) of the Local Government Act 1993. This exemption enables direct engagement with the Crown, bypassing the need for a competitive tender process, and is appropriate given the scope, value and strategic importance of this project.

PIMSA is a region-shaping infrastructure investment intended to address the critical shortage of high-quality indoor sports infrastructure across the Penrith LGA and Western Sydney. With $106.7 million secured through the Western Sydney Infrastructure Grants (WSIG) program, the project is now progressing from early planning into design and delivery phases.

Following a detailed review of the NSWPW proposal submitted in April 2025, Council officers have identified significant value and risk mitigation in their integrated delivery model. NSWPW offers an end-to-end service spanning strategic planning, design, procurement, construction management, commissioning and post-completion support. This approach aligns with Infrastructure NSW Gateway Review and Treasury Assurance processes and is structured to meet WSIG milestone obligations while delivering a high-quality community facility.

Council endorsement of this strategy will enable the transition to detailed design and approvals in Q3 2025, ensure compliance with State Government requirements, and maintain momentum towards completion by September 2031.

Background

The Penrith Indoor Multi-Sport Arena was identified as a strategic priority in Council’s Sport and Recreation Strategy 2020 and the Gipps Street Master Plan. Designed to meet the growing demand for year-round, weather-independent active recreation space, the Arena will deliver multiple indoor courts, community spaces, accessible amenities, car parking, and supporting infrastructure.

In March 2025, Council secured a $106.7 million commitment under the WSIG program. The funding deed outlines milestone-based payments aligned to key project phases, including planning, approvals, construction commencement, and practical completion by September 2031. The project is considered critical regional infrastructure and aligns with broader NSW Government objectives relating to active living, population growth, and Western Sydney place-making.

Following initial feasibility and land acquisition work, the project is now positioned to enter the schematic design and approvals phase. To meet the WSIG milestones and ensure effective risk, cost and stakeholder management, a government-aligned delivery partner model is recommended.

Current Situation

The project has completed its initiation and feasibility stages, with land acquisition finalised and funding secured. Preliminary governance structures, including the ELT Project Governance Group and a dedicated Project Control Group (PCG), have been established. The updated cost plan, prepared in June 2025, confirms that delivery remains within the overall WSIG-funded envelope, inclusive of allowances for design, contingencies, and escalation.

A review of delivery model options has concluded that the proposed engagement of NSW Public Works offers the most direct, compliant and value-aligned path forward. Key deliverables, including the detailed design, development application submission, and procurement strategy, are now time-critical to maintain progress in line with WSIG milestone commitments. Council officers have confirmed that all necessary legal, financial and operational due diligence has been completed to proceed with formal engagement of NSWPW.

Delivery Strategy and NSWPW Proposal

Council received a formal proposal from NSW Public Works on 4 April 2025 to deliver an integrated project management and advisory service across the full lifecycle of the PIMSA project. NSWPW is a statutory body of the NSW Government and has a proven track record in delivering complex community infrastructure, including:

· Canterbury Leisure and Aquatic Centre ($65 million)

· Bay Pavilions, Batemans Bay ($70 million)

· Bradfield City First Building (Western Parkland City Authority)

The proposal is structured across two engagement phases:

1. Confirmed Engagement (Stages 1–5):

o Technical due diligence and risk frameworks

o Concept and schematic design

o Development application preparation and lodgement

o Procurement strategy and market engagement

o Final documentation and tender support

2. Optional Engagement (Stages 6–7):

o Construction phase contract administration

o Post-completion and defects liability management

The fixed fee for confirmed services is $1.43 million, with optional services valued at $2.72 million. This provides Council flexibility to commit to additional services based on performance, timing, and funding profile.

The delivery model is compliant with the Local Government Act 1993 Section 55(3)(b), which permits direct engagement with a statutory body representing the Crown. As NSWPW meets these criteria, procurement is both legally compliant and strategically aligned.

Key Benefits

1. Accelerated Mobilisation and Reduced Risk

· NSWPW can commence mobilisation within 4–6 weeks of Council endorsement, avoiding the 6–9 month lead times typically associated with competitive tendering.

· Their experience with major sport and recreation facilities reduces design risk, improves constructability, and supports more accurate cost forecasting.

· Integration with Infrastructure NSW's Gateway Review process and the WSIG funding body reduces risk of non-compliance or delays.

2. Procurement and Probity Assurance

· Access to NSW Government procurement panels (SCM100002, SCM10611, SCM1191) ensures quality and probity without requiring Council to run separate tender processes.

· All subcontractor engagements and disbursements are governed under Crown procurement rules.

3. Cost Certainty and Financial Management

· The fixed-fee structure supports early cost control, with monthly billing milestones.

· Cost escalation is mitigated through earlier market testing and direct engagement with suppliers.

· The current $4.15 million proposal aligns with Council's approved consultant allocation and is accommodated within the WSIG funding model.

4. Strategic Flexibility and Council Control

· Council retains strategic oversight and governance, including control of key decisions via the Project Control Group, ELT Governance Group, and Major Projects Working Party.

· Optional stages (construction and post-completion) provide scalability based on performance and project progression.

5. Government Assurance and Advocacy Readiness

· NSW Treasury and INSW assurance mechanisms increase transparency and improve Council’s ability to advocate for future State or Federal funding.

Scope and Fee Structure

Stage	Scope	Timeline	Fee (ex. GST)
1	Technical Due Diligence	Jul 2025 – Mar 2026	Included
2	Concept & Schematic Design	Aug 2025 – Dec 2026	Included
3	DA Submission & Assessment	Apr 2026 – Jan 2027	Included
4	Procurement Strategy	Oct 2026 – Jun 2027	Included
5	Final Design & Docs	Jun 2027 – Sep 2027	Included
6	Construction Admin (Optional)	Aug 2027 – Sep 2029	Optional
7	Defects Period Management (Optional)	Sep 2029 – Sep 2030	Optional

Total Fee: $4,158,639 (excl. GST)

· Confirmed Services: $1,434,937

· Optional Services: $2,723,702

Governance and Oversight

Council will retain strategic control over the delivery of the Arena through:

· The Executive Leadership Team Project Governance Group (ELTPGG)

· The Penrith Council Project Control Group (PCG)

· The Major Projects Working Party

· Councillor briefings and formal reporting to Council

Contractual execution will occur under the General Manager’s delegated authority, following Council endorsement. NSWPW will act as Council’s agent for delivery, reporting through an established channel.

Design and Operational Advisory

To complement NSWPW’s technical services, it is proposed that Council establish a Design Advisory Panel to provide early input into layout, functionality, and lifecycle performance. This panel will include:

· Indoor Sport PCG representatives

· Industry experts and operators (e.g., Belgravia, BlueFit)

· Relevant state agency partners (e.g., Sport NSW, Infrastructure NSW)

This approach draws from best-practice models used in Liverpool, Ballarat and Kingston, where early operator-informed design has improved financial sustainability and community alignment. It does not restrict Council's ability to procure operators or adopt future delivery models.

Financial Implications

The engagement of NSW Public Works (NSWPW) will incur a total service fee of $4,158,639, which is fully funded within the approved WSIG budget, and consists of a fixed fee for confirmed services of $1.43 million, with optional services valued at $2.72 million. The two-phase structure provides Council flexibility to commit to additional services based on performance, timing, and funding profile.

Risk Implications

Key risks associated with delivery of the Arena include potential cost escalation, approval delays, and misalignment between facility design and future operational requirements. The proposed engagement of NSWPW directly mitigates these risks by embedding early design coordination, aligning procurement with NSW Government standards, and preserving optionality in later delivery stages. Council retains oversight and can control decisions at each gateway to manage residual risks, supported by internal governance and ongoing quantity surveying updates.

Conclusion

The engagement of NSW Public Works as Council’s strategic delivery partner represents a prudent and timely step forward in the delivery of the Penrith Indoor Multi-Sport Arena. The model offers financial certainty, compliance with statutory obligations, and strong alignment with State Government frameworks. Endorsing this approach will ensure Council remains on track to meet its funding obligations, deliver high-quality infrastructure for the community, and maintain control of project outcomes through all delivery phases.

RECOMMENDATION

That:

1. The information contained in the report on Update - Indoor Multi-Sport Arena Project be received.

2. Council resolves the engagement of NSW Public Works Advisory as the strategic delivery partner under Section 55(3)(b) of the Local Government Act 1993 for Stage 1 with the option to engage stage 2 delivery model.

3. The Contract be funded through professional Services Fees in accordance with the WSIG Funding Deed.

4. Council delegate authority to the General Manager, or their representative, to enter into the Major Consultancy Contract with NSW Public Works.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 21 July 2025

1 Presence of the Public

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

(a) the discussion of any of the matters listed below; or

(b) the receipt or discussion of any of the information so listed.

The matters and information are the following:

(a) personnel matters concerning particular individuals;

(b) the personal hardship of any resident or ratepayers;

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d) commercial information of a confidential nature that would, if disclosed:

· prejudice the commercial position of the person who supplied it; or

· confer a commercial advantage on a competitor of the Council; or

· reveal a trade secret.

(e) information that would, if disclosed, prejudice the maintenance of the law;

(f) matters affecting the security of the Council, Councillors, Council staff or Council property;

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a) the relevant provision of section 10A(2);

(b) the matter that is to be discussed during the closed part of the meeting;

(c) the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

· a motion, based on the recommendation below, is moved and seconded

· the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

· if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

· if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

RECOMMENDATION

That:

Outcome 5

2 Proposed Property Acquisition - 1

3 Proposed Property Acquisition - 2

Outcome 4

4 St Marys Central Park - Funding and Delivery Strategy

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

Outcome 5

5 Re-determination of Organisational Structure

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

6 General Manager's Annual Performance Review 2024-25 and Performance Measures 2025-26

-	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

Outcome	We have open and collaborative leadership
Strategy	Deliver an efficient, transparent and accountable service to the community
Principal Activity	Support financial sustainability through financial planning and budget management and provide accurate reporting to the community