Council Meeting
Wednesday, 5 June 2019 at 6:30pm
Cumberland Council Chambers
Merrylands Service Centre, 16 Memorial Avenue, Merrylands
Councillor Contact Details
Granville Ward |
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Clr Steve Christou |
0419 651 187 |
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Clr Ola Hamed |
0405 070 007 |
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Clr Joseph Rahme |
0418 995 471 |
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Greystanes Ward |
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Clr Greg Cummings (Mayor) |
0417 612 717 |
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Clr Ross Grove |
0418 987 241 |
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Clr Eddy Sarkis |
0418 306 918 |
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Regents Park Ward |
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Clr Ned Attie |
0419 583 254 |
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Clr George Campbell |
0409 233 315 |
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Clr Kun Huang |
0418 911 774 |
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South Granville Ward |
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Clr Glenn Elmore (Deputy Mayor) |
0418 459 527 |
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Clr Paul Garrard |
0414 504 504 |
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Clr Tom Zreika |
0449 008 888 |
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Wentworthville Ward |
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Clr Lisa Lake |
0418 669 681 |
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Clr Suman Saha |
0419 546 950 |
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Clr Michael Zaiter |
0418 432 797 |
For information on Council services and facilities please visit www.cumberland.nsw.gov.au
Council Meeting
5 June 2019
1 Opening Prayer / Acknowledgement of Country / National Anthem
2 Notice of Live Streaming of Council meeting
3 Apologies
4 Declarations of Pecuniary & Non Pecuniary Conflicts of Interest
5 Confirmation of Previous Minutes
C06/19-98 Minutes of the Ordinary Meeting of Council - 15 May 2019........... 5
Nil
7 Public Forum / Invited Speakers
8 Items Resolved by Exception
C06/19-99 Legal Report......................................................................................... 19
Nil
C06/19-100 Mayor and Councillor Remuneration 2019/20............................... 21
Director Community Development
C06/19-101 Renewal and Establishment of Alcohol-Free Zones - Stage 2... 47
C06/19-102 Adoption of Cumberland Cultural Plan 2019 - 2029 - Post Exhibition 125
Director Environment & Planning
C06/19-103 Planning Proposal - Minimum Lot Area for Low and Medium Dual Occupancy Housing............................................................................................... 177
Director Works & Infrastructure
Nil
Nil
C06/19-104 Notice of Motion - Ramadan Food Festival 2019......................... 291
Nil
13 Questions on Notice
Nil
Nil
Nil
Council Meeting
5 June 2019
Item No: C06/19-98
Minutes of the Ordinary Meeting of Council - 15 May 2019
Responsible Division: Finance & Governance
Officer: Director Finance & Governance
That Council confirm the minutes of the Ordinary Meeting of Council held on 15 May 2019. |
Attachments
1. Draft Minutes - 15 May 2019 ⇩
DOCUMENTS
ASSOCIATED WITH
REPORT C06/19-98
Attachment 1
Draft Minutes - 15 May 2019
5 June 2019
Item No: C06/19-99
Legal Report
Responsible Division: General Manager
Officer: General Counsel
File Number: T014916/2018
Community Strategic Plan Goal: Transparent and accountable leadership
Summary
This report provides Council with a summary of legal proceedings in which Council is involved.
Recommendation That Council receive this report. |
Report
This report provides Council with a summary of legal proceedings in which Council is involved.
It does not include the following types of legal proceedings:
1. Proceedings that are managed by Council’s insurers;
2. Local Court Proceedings involving an appeal against a parking fine; and
3. Proceedings for the recovery of debts where those proceedings are being run by Council’s external debt collection agency.
The report is current to 24 May 2019. It does not capture changes that have occurred between that date and the date the report is considered by Council.
Community Engagement
There are no consultation processes for Council associated with this report.
Policy Implications
There are no policy implications for Council associated with this report.
Risk Implications
There are no risk implications for Council associated with this report.
Financial Implications
There are no financial implications for Council associated with this report.
CONCLUSION
This is an information report with the Legal Register provided as a confidential attachment.
Attachments
Council Meeting
5 June 2019
Item No: C06/19-100
Mayor and Councillor Remuneration 2019/20
Responsible Division: Finance & Governance
Officer: Director Finance & Governance
File Number: HC-06-02-2/03
Community Strategic Plan Goal: Transparent and accountable leadership
Summary
This report outlines the determination made by the Local Government Remuneration Tribunal relating to the fees payable to Mayors and Councillors from 1 July 2019. The report also makes recommendations in relation to annual remuneration for Cumberland Council elected officials.
Recommendation That Council: 1. Set the annual Councillor Fee for the period 1 July 2019 to 30 June 2020 at $30,410 in accordance with the provisions of section 248 of the Local Government Act 1993; and 2. Set the annual Mayoral Fee for the period 1 July 2019 to 30 June 2020 at $88,600 in accordance with the provisions of section 249 of the Local Government Act 1993. |
Report
The Local Government Remuneration Tribunal has made its determination, under section 241 of the Local Government Act 1993, in relation to the annual fees to be paid to Mayors and Councillors for the 2019/20 financial year period.
The Tribunal’s Annual Report and Determination 2019 provides details of the factors taken into account in its determination that an increase of 2.5 percent in fees for Mayors and Councillors is appropriate across the sector. The increases are effective from 1 July, 2019. Further information regarding the factors taken into account to reach the determination of the 2.5 percent increase can be found under Attachment 1 – Local Government Remuneration Tribunal – Annual Report and Determination 2019.
In 2017, the Tribunal made revisions to the categorisation of councils following the formation of amalgamated councils. The Tribunal’s Annual Report and Determination 2017 categorised Cumberland Council as a ‘Metropolitan Large’ council, which remains unchanged in its Annual Report and Determination 2019.
Pursuant to section 241 of the Local Government Act 1993, the Tribunal’s 2019 annual determination has set the annual fees to be paid in each of the categories to Mayors and Councillors effective from 1 July 2019. The annual fees for Mayors and Councillors in the ‘Metropolitan Large’ category are as follows:
Councillor/Member Annual Fee |
Mayor/Chairperson Additional Fee* |
||
Minimum |
Maximum |
Minimum |
Maximum |
$ 18,430 |
$ 30,410 |
$ 39,160 |
$ 88,600 |
*The Mayor/Chairperson additional fee must be paid in addition to the fee paid to the Mayor/Chairperson as a Councillor/Member in accordance with section 249(2) of the Local Government Act 1993.
This report recommends that Council adopt the maximum annual fees set by the Tribunal on the following basis:
· Substantial increase in geographic and population size of the Local Government Area.
· Substantial increase and responsibilities associated with the annual budget.
· The wide scope, level and range of services delivered by Council.
· Complexity of the Cumberland Local Government Area as a result of the amalgamation process.
· Increased level of time investment required for the Mayor and Councillors to fulfil their civic duties effectively.
Adopting the report recommendations will ensure the remuneration of the Cumberland Council elected officials reflects the increased scope of responsibilities to undertake their civic duties.
Community Engagement
There are no consultation processes for Council associated with this report.
Policy Implications
Mayor and Councillor Remuneration is paid in addition to the expenses and facilities available to Councillors under the adopted Councillor Expenses and Facilities Policy.
Risk Implications
There are no risk implications for Council associated with this report.
Financial Implications
The 2019/20 budget for Mayor and Councillor Remuneration will incorporate the adopted remuneration rates as Council has reflected CPI indexation overall in the annual budget.
CONCLUSION
Council has reviewed the Local Government Remuneration Tribunal’s Annual Report and Determination 2019 which determined the fees payable to Mayors and Councillors from 1 July 2019. This report recommends that Council adopt the annual maximum fees payable to Mayors and Councillors for a ‘Metropolitan Large’ council from 1 July 2019, in accordance with the determination made by the Local Government Remuneration Tribunal.
Attachments
1. Local Government Remuneration Tribunal - Annual Report & Determination - 2019 ⇩
DOCUMENTS
ASSOCIATED WITH
REPORT C06/19-100
Attachment 1
Local Government Remuneration Tribunal - Annual Report & Determination - 2019
5 June 2019
Item No: C06/19-101
Renewal and Establishment of Alcohol-Free Zones - Stage 2
Responsible Division: Community Development
Officer: Director Community Development
File Number: T011739/2018
Community Strategic Plan Goal: A safe and accessible community
Summary
This report recommends the renewal and establishment of 17 Alcohol-Free Zones in Greystanes, Girraween, Guildford, Merrylands, Pendle Hill, South Wentworthville, Toongabbie, Wentworthville and Westmead following a public consultation and notification process in accordance with Section 644 of the Local Government Act 1993.
Recommendation That Council: 1. Establish 17 Alcohol-Free Zones in accordance with Section 644 of the Local Government Act 1993 in the areas within Greystanes, Girraween, Guildford, Merrylands, Pendle Hill, South Wentworthville, Toongabbie, Wentworthville and Westmead as outlined in Attachments 1 - 18 of this report for a four year period (13 June 2019 to 12 June 2023). 2. Advise the Cumberland Police Area Command and provide public notice in local newspapers of the establishment of the Alcohol-Free Zones. |
Report
Background
At the Ordinary Meeting of Council held on 3 April 2019, Council considered a report on the renewal and establishment of Alcohol-Free Zones - Stage 2 across the Cumberland Local Government Area (Item C04/19-42) and resolved (Min.463) that Council:
“1. Commence the mandatory consultation and notification process in accordance with the Local Government Act 1993 for the renewal of existing and proposed additional Alcohol-Free Zones in the Greystanes, Girraween, Guildford, Merrylands, Pendle Hill, South Wentworthville, Toongabbie, Wentworthville and Westmead areas as outlined in this report for a four year period.
2. Receive a further report for consideration at the conclusion of the public consultation and notification process.”
This report provides an overview of the consultation process and recommends the establishment of 17 sites in Greystanes, Girraween, Guildford, Merrylands, Pendle Hill, South Wentworthville, Toongabbie, Wentworthville and Westmead as Alcohol-Free Zones for a four year period commencing 13 June 2019.
Public Consultation and Notification Process
In accordance with Section 644 of the Local Government Act 1993, Council undertook a 30 day public consultation and notification process between 8 April 2019 and 7 May 2019. This included:
· All affected licensees in the Cumberland Police Area Command were notified in writing and written submissions were invited until 4pm, 7 May 2019.
· Advertisements were placed in local newspapers: Parramatta Advertiser (Wednesday 10 April 2019) and The Auburn Review (Tuesday 9 April 2019).
· Notice and maps of the proposed zones were placed on Council’s website and hard copy information was made available at Council customer service centres, libraries and community centres.
· Police from the Cumberland Police Area Command were notified in writing and consultation was undertaken with relevant officers.
· Notice and maps of the proposed zones were available on Council’s ‘Have Your Say’ community engagement website. The page received 73 visits during the public exhibition period, with 13 people downloading the Alcohol Free Zone maps.
Three submissions were received during the public consultation period. One submission provided support for the new Alcohol-Free Zone proposed in the Daniel Street Park Car Park, Greystanes (Zone 30). Another submission was received from Guildford Leagues Club with respect to Zone 31: McCredie Park Car Park, and identified the procedures in place by the Club to patrol the car park and enforce the regulations.
The third submission was received from the Cumberland Police Area Command (PAC) in support of this initiative and noted the following:
“Cumberland PAC have nil issues and support the proposed establishment and renewal of existing AFZs [Alcohol-Free Zones] located within the Cumberland PAC patrol. Please inform Police when the AFZs are confirmed and signposted for Police to enforce these AFZs.”
No objections were received during the public consultation period.
Operation of Alcohol-Free Zones
The proposed Alcohol-Free Zones will be established for a period of four years from the commencement date and will operate 24 hours a day. These locations will be enforceable Alcohol-Free Zones under section 644B of the Local Government Act 1993, subject to the installation of the prescribed signage. Enforcement is undertaken by officers of the NSW Police Force. Any person observed to be drinking in an Alcohol-Free Zone may have the alcohol in their possession immediately seized and tipped out or otherwise disposed of.
Establishment of an Alcohol-Free Zone does not prevent the consumption of alcohol in any footpath dining areas that have a liquor licence covering the footpath dining areas.
The installation of new and replacement signage will be undertaken prior to the commencement of the four year period on 13 June 2019.
Community Engagement
In accordance with Section 644 of the Local Government Act 1993, Council gave public notice of its intention to renew and establish the Alcohol-Free Zones and allowed 30 days for the making and consideration of public submissions. All licenced premises in the affected areas were formally notified. No objections were received. Two community submissions and one police submission were received. The 17 proposed Alcohol-Free Zones are supported by NSW Police.
Council will inform police from the Cumberland PAC when the Alcohol-Free Zone signs are erected to allow Police to patrol and enforce the Alcohol-Free Zones. Council will also place a notice on its website and in local newspapers.
Policy Implications
Council has complied with the mandatory public consultation and notification process in accordance with the Local Government Act 1993 and Ministerial Guidelines on Alcohol-Free Zones. The Alcohol-Free Zones will be enforceable by the NSW Police under Section 644 of the Local Government Act 1993, subject to the installation of the prescribed signage. There are no Council policy implications for the establishment of Alcohol-Free Zones.
Risk Implications
There are no risk implications for Council associated with this report.
financial Implications
Sufficient resourcing has been included for the manufacture and installation of appropriate signage in the adopted 2018/2019 operational budget. There are no further financial implications for Council associated with this report.
Conclusion
In accordance with Section 644 of the Local Government Act 1993, Council has completed the mandatory public consultation and notification process for the renewal and establishment of Alcohol-Free Zones. This report recommends the establishment of 17 Alcohol-Free Zones as outlined in Attachment 1 for a four year period.
Attachments
1. Designated Alcohol-Free Zones - 13 June 2019 to 12 June 2023 ⇩
2. ZONE 29 Greystanes Sportsground Car Park ⇩
3. ZONE 30 Daniel Street Park Car Park ⇩
4. ZONE 24 Nemesia Street Park Car Parks, Greystanes ⇩
5. ZONE 25 Darling Street Park Car Parks, Greystanes ⇩
6. ZONE 26 Bathurst Street Shopping Centre and Car Park, Greystanes. ⇩
7. ZONE 27 Greystanes Shopping Centre, Greystanes ⇩
8. ZONE 28 Hyland Road, Greystanes ⇩
9. ZONE 31 McCredie Park Car Park, Guildford ⇩
10. ZONE 32 Merrylands Oval Car Parks, Merrylands ⇩
11. ZONE 33 Hilltop Road, Merrylands ⇩
12. ZONE 34 Civic Avenue, Pendle Hill ⇩
13. ZONE 35 Ted Burge Sportsground Car Park ⇩
14. ZONE 36 CV Kelly Park Car Park ⇩
15. ZONE 37 Toongabbie Town Centre ⇩
16. ZONE 38 Wentworthville Town Centre ⇩
17. ZONE 39 Ringrose Park (Monty Bennett Oval) Car Parks, Wentworthville ⇩
18. ZONE 40 Westmead ⇩
DOCUMENTS
ASSOCIATED WITH
REPORT C06/19-101
Attachment 1
Designated Alcohol-Free Zones - 13 June 2019 to 12 June 2023
Attachment 4
ZONE 24 Nemesia Street Park Car Parks, Greystanes
Attachment 5
ZONE 25 Darling Street Park Car Parks, Greystanes
Attachment 6
ZONE 26 Bathurst Street Shopping Centre and Car Park, Greystanes.
Attachment 7
ZONE 27 Greystanes Shopping Centre, Greystanes
Attachment 10
ZONE 32 Merrylands Oval Car Parks, Merrylands
Attachment 17
ZONE 39 Ringrose Park (Monty Bennett Oval) Car Parks, Wentworthville
5 June 2019
Item No: C06/19-102
Adoption of Cumberland Cultural Plan 2019 - 2029 - Post Exhibition
Responsible Division: Community Development
Officer: Director Community Development
File Number: C-37-01/09
Community Strategic Plan Goal: A great place to live
Summary
This report recommends the adoption of the Draft Cumberland Cultural Plan 2019-2029 following a period of public exhibition.
Recommendation That Council adopt the Draft Cumberland Cultural Plan 2019-2029 as outlined in Attachment 2 of this report. |
Report
At the Ordinary Meeting of Council held on 3 April 2019, Council resolved to place the Draft Cumberland Cultural Plan 2019-2029 on public exhibition for consultation with the community (Min. 464).
Council received four formal submissions during the public exhibition period. In addition, the Draft Cumberland Cultural Plan 2019-2029 was tabled for discussion at the Cumberland Arts Advisory Committee Meeting. A summary of the submissions received, Committee feedback and Council’s responses are listed in Attachment 1.
Some amendments have been have been made to the Draft Plan based on the public submissions and Committee feedback. Some of the key changes include:
· The inclusion of case studies and examples such as The Granville Centre that demonstrate actions in the Draft Plan that are currently in progress and will deliver major benefits to Cumberland.
· The inclusion of a Darug language ‘Welcome to Country’ as well as minor wording changes to recognise Cumberland’s living Aboriginal culture.
· Design, text and imagery changes to better showcase arts, culture and creativity in Cumberland.
Many of the submissions and feedback related to the implementation of initiatives that are already incorporated into the strategies and actions in the Draft Plan.
Council has now addressed all public feedback and recommends the Draft Cumberland Cultural Plan 2019-2029 (in Attachment 2 of this report) be adopted by Council.
Community Engagement
Council publicly exhibited the Draft Cumberland Cultural Plan 2019 - 2029 from 9 April 2019 to 7 May 2019.
During the public exhibition period, the following community engagement activities were undertaken:
· The Draft Plan was distributed to residents, community groups, committees and key stakeholders who participated in the engagement process to seek additional feedback and comment.
· The Draft Plan, ‘The State of Culture in Cumberland 2019 Background Report’ and Community Engagement Report were made available on Council’s ‘Have Your Say’ website.
· The Draft Plan was made available at Council libraries, staffed community centres and customer service centres.
· Promotion of the public exhibition period via Council’s social media channels and distribution of media releases to local papers.
· Advertisement of the public exhibition period via advertisements in the Auburn Review and Parramatta Advertiser on 9 April and 10 April.
· The Draft Plan was also distributed through community and artist networks, and at interagency meetings.
Council received 291 visits to the ‘Have Your Say’ page of the website during the public exhibition period, with 68 people downloading the Draft Cumberland Cultural Plan 2019 - 2029.
Policy Implications
This is the first Cultural Plan for Cumberland Council. Actions in the Draft Cumberland Cultural Plan 2019 - 2029 related to the Art and Cultural Collection Policy will be implemented in accordance with the Policy.
Risk Implications
As part of Council’s restructure, Council has recently recruited a Gallery and Cultural Services Coordinator who will oversee the implementation of the Cultural Plan and monitor progress.
The Plan will be supported by an annual implementation plan which identifies the priority actions to be implemented with accompanying responsibilities and timeframes. The implementation plan will be developed with input from the Arts Advisory Committee who will also assist with monitoring progress and in the implementation of actions.
Progress against the Plan will be reported quarterly to Council in accordance with Council’s corporate planning and reporting framework. The results will also be reported to Council and the community annually as part of the Cumberland Council Annual Report.
A comprehensive review and evaluation of the Plan will be undertaken midway and at the completion of the ten year term in 2029.
Financial Implications
Funding for the implementation of the Cultural Plan has been factored into the Draft 2019/2020 Operational Budget. Some strategies within the Cultural Plan will need to be scoped and costed further in future years. Council will also proactively seek funding and partnerships to support the delivery of actions outlined in the Plan.
CONCLUSION
Council has publicly exhibited the Draft Cumberland Cultural Plan 2019 - 2029 and addressed all public feedback as outlined in Attachment 1 of this report. The Draft Cumberland Cultural Plan 2019 - 2029 is now recommended for adoption.
Attachments
1. Summary of Submissions received during the Public Exhibition Period ⇩
2. Draft Cumberland Cultural Plan 2019 - 2029 ⇩
DOCUMENTS
ASSOCIATED WITH
REPORT C06/19-102
Attachment 1
Summary of Submissions received during the Public Exhibition Period
5 June 2019
Item No: C06/19-103
Planning Proposal - Minimum Lot Area for Low and Medium Dual Occupancy Housing
Responsible Division: Environment & Planning
Officer: Director Environment & Planning
File Number: S-57-63
Community Strategic Plan Goal: A resilient built environment
Summary
This planning proposal seeks to amend the planning controls for the Auburn and Holroyd Local Environmental Plans as follows:
· Minimum lot size of 600m2 for dual occupancy development
· Inclusion of the planning proposal objectives as development standards
No changes are proposed to the Parramatta Local Environmental Plan as it currently has a minimum lot size planning control of 600m2 for dual occupancy development.
This proposal has been placed on public exhibition and was reported to the Cumberland Local Planning Panel in May 2019. The Panel provided specific advice on the inclusion of the planning proposal objectives as development standards, and these have been included as part of the planning proposal.
It is recommended that the planning proposal be forwarded to the Department of Planning, Industry & Environment for finalisation and gazettal of the associated amendments to the Auburn and Holroyd Local Environmental Plans. Following gazettal of the planning proposal, a three month transition period between current and new controls will also apply.
The planning proposal needs to be urgently submitted, ahead of the introduction of the NSW Government’s Low Rise Medium Density Housing Code from 1 July 2019. If the planning proposal is not submitted, a lower minimum lot size of 400m2 will apply for dual occupancy development in areas under the Auburn and Holroyd Local Environmental Plans.
It is also recommended that a request for deferral of the Code be sought from the Department of Planning, Industry & Environment. While Council has completed its work ahead of the deadline, it is unclear as to the time required by the Department for finalisation and gazettal. This approach will ensure there is a seamless transition between current and new controls.
Recommendation That Council: 1. Endorse a minimum lot size planning control of 600m2 for dual occupancy development across the Cumberland local government area. 2. Endorse the planning proposal and forward it to the Department of Planning, Industry & Environment for finalisation and gazettal of the associated amendments to the Auburn Local Environmental Plan 2010 and the Holroyd Local Environmental Plan 2013. 3. Endorse the resolved minimum lot size planning control for dual occupancy development for inclusion in the new Cumberland Local Environmental Plan. 4. Request a deferral on the Code from the Department of Planning, Industry & Environment until the endorsed minimum lot size for Council comes into effect. |
Report
Background
The planning proposal was initiated in response to the Low Rise Medium Density Housing Code (the Code) released by the NSW Government. The Code introduces a minimum lot size requirement for dual occupancies which is lower than what Council’s current controls allow. A concern for Council was that the lower minimum lot size requirement of 400m2 would result in cumulative impacts on the low density areas of Cumberland LGA, particularly in terms of pressure on, and capacity of, existing infrastructure such as roads, open space, hospitals and schools.
In July 2018, Council requested deferral of the Code as both the former Auburn and Holroyd City minimum lots size controls were contained their development controls plans (DCP). The minimum lot size controls for the former Parramatta City area were contained in the Parramatta Local Environmental Plan 2011, and the numerical controls for each of the three former council areas differed.
The then Department of Planning & Environment granted Council a temporary deferral of the application of the Code to the Cumberland LGA until 1 July 2019. A condition of the deferral was that councils with minimum lot size controls in their DCPs were required to submit planning proposals to amend their Local Environmental Plans to include the minimum lot size controls.
The status of the planning proposal is provided in Figure 1.
Figure 1: Status of planning proposal
Context
Cumberland has a current population of over 230,000 with an area of 72km2, making it the smallest and most densely populated area within the Central City District. The R2 Low Density zone is the predominant land use zone across Cumberland and the majority of suburbs contain land zoned R2. The R3 zone generally applies to land bordering key centres and transport infrastructure, as well as masterplanned estates such as Pemulwuy and Botanica.
The lot sizes in the R2 zone in the former Holroyd area are often larger than those in the eastern areas of Cumberland; however, there are some significant local variations across Cumberland.
Planning Proposal
Current Planning Controls
The minimum lot sizes for dual occupancies varies across the Cumberland area, as outlined in Table 1. These controls are either located in the Local Environmental Plan or Development Control Plans.
Planning Controls |
Auburn DCP 2010 |
Holroyd DCP 2013 |
Parramatta LEP 2011 |
Minimum Lot Size |
450m2 (attached), 600m2 (detached) in R2 and R3 zones |
500m2 (attached or detached) in R2 and 450m2 in R3 |
600m2 (attached or detached) in R2, R3 and R4 zones |
Table 1: Minimum lot size controls for dual occupancy development
Proposed Planning Controls
The intended outcome of the planning proposal is to introduce the minimum lot size of 600m2 for dual occupancies to the Auburn LEP 2010 and the Holroyd LEP 2013. This proposed minimum lot size would align with that currently required under the Parramatta LEP 2011, and will implement a consistent minimum lot size for dual occupancy development across the Cumberland LGA.
The proposed outcome will be achieved by the inclusion of a written clause in the Auburn LEP 2010 and the Holroyd LEP 2013 to introduce a minimum lot size provision for the development of a dual occupancy.
The proposed clause will apply to land in the R2 Low Density Residential and R3 Medium Density Residential zones where a minimum lot size of 600m2 (both attached and detached) would be required for the development of a dual occupancy.
Strategic Assessment
As part of the preparation of the planning proposal, different minimum lot size control scenarios have been assessed as part of earlier Council reports and in response to Gateway Determination conditions from the then Department of Planning & Environment. Following the receipt of submissions during the public exhibition period, further scenario testing analysis was undertaken. This included:
· eligible lots under the new Code;
· eligible lots with a minimum lot size of 600m2 (as per the Council resolution);
· eligible lots minimum lot sizes of 500m2 and 550m2, which could be applied across the LGA (including in the former parts of the Parramatta LGA) as possible alternate minimum lot sizes to the 600m2; and
· eligible lots with the retention of existing minimum lot size controls (whether in the LEP or DCP) as they currently apply to the Auburn, Holroyd and Parramatta LEPs.
The outcomes of the analysis are provided in Table 2.
|
Baseline: Minimum lot size under new Code |
Scenario 1: 600m2 minimum lot size |
Scenario 2: 550m2 minimum lot size |
Scenario 3: 500m2 minimum lot size |
Scenario 4: As per current minimum lot size controls |
Eligible lots for dual occupancy |
R2: 20,478 R3: 2,956 Total: 23,434 |
R2: 10,613 R3: 1,760 Total: 12,373 |
R2: 16,917 R3: 2,010 Total: 18,927 |
R2: 18,457 R3: 2,256 Total: 20,713 |
R2: 17,527 R3: 2,162 Total: 19,689 |
Non-eligible lots for dual occupancy |
R2: 15,346 R3: 6,875 Total: 22,221 |
R2: 25,210 R3: 8,071 Total: 33,281 |
R2: 18,906 R3: 7,821 Total: 26,727 |
R2: 17,366 R3: 7,575 Total: 24,941 |
R2: 18,296 R3: 7,669 Total: 25,965 |
Notes: Analysis based on: i. Lots not meeting the minimum lot frontage requirement of the Code ii. (Lots with 12m~15m frontage should have secondary roads or parallel roads for vehicle access to rear) iii. Lots that are exempted from complying development iv. battle-axed lots v. business lots with multiple ownerships vi. council-owned or state-owned lots that are reserved for infrastructure vii. lots that are within the planned residential density area |
Table 2: Outcomes of scenario testing for minimum lot size controls
Cumberland Local Planning Panel
The planning proposal was reported to the Cumberland Local Planning Panel on 15 May 2019.
The panel was requested to provide advice on:
· Council’s resolution of a minimum lot size control of 600m2
· alternate minimum lot size scenarios, should Council wish to consider those in making a decision on the proposal.
The Panel provided the following advice to Council:
· that it supported the inclusion of a minimum lot size for dual occupancy development for the Cumberland LGA;
· that the objectives for minimum lot sizes for dual occupancy development as detailed in Section 2.1 of the Planning Proposal should be included as objectives for the Development Standard in the LEPs; and
· supported the recommended minimum lot size of 600 square metres
Based on the advice from the Panel, the following objectives have been included as development standards for the planning proposal:
· to ensure the lot size proposed for dual occupancy development facilitates good design that can accommodate an appropriate built form, driveways and sufficient landscaped areas
· to retain the low density residential character of the R2 Low Density Residential zone
· to identify the appropriate locations for growth and align projected growth with existing and proposed local roads, transport and social infrastructure
· to achieve a consistency of minimum lot size for dual occupancy development across the Cumberland area.
Recommended planning controls
Planning Controls (Auburn DCP 2010 and Holroyd DCPs 2013) |
Existing Controls |
Public Exhibited Controls |
Cumberland Local Planning Panel Advice |
Recommended Planning Controls |
Minimum lots size |
Auburn Attached: 450m2 Detached: 600m2
Holroyd: R2 zone: 500m2 R3 zone: 450m2 |
600m2 |
600m2
Inclusion of planning proposal objectives as development standards |
600m2
Inclusion of planning proposal objectives as development standards |
Table 3: Recommended planning controls
Next Steps
Should Council decide to endorse a minimum lot size control for dual occupancy development, the planning proposal will be forwarded to the Department of Planning, Industry & Environment for finalisation and gazettal. While Council has completed its work ahead of the deadline, it is unclear as to the time required by the Department for finalisation and gazettal. It is recommended that a request for deferral on the code be sought from the Department of Planning, Industry & Environment. This will ensure there is a seamless transition between current and new controls.
The Gateway Determination from the Department of Planning, Industry & Environment also requires a transition clause from date of gazettal. This means that current minimum lot size controls will continue to apply during this time. A 3 month transition period will apply.
Given the extensive work and consultation undertaken on the minimum lot size controls for dual occupancy development, it is also proposed that these controls are included in the new Cumberland Local Environmental Plan under preparation.
Community Engagement
The proposal was publicly exhibited for a period of 36 days from 13 March 2019 to 17 April 2019. In addition to the usual communication channels, Council sent out an exhibition package to all affected landowners via mail. This exhibition package included a FAQ to provide the landowners with an easy to understand overview of the proposal (Attachment 6). Council also posted details on Facebook inviting interested parties to visit Councils Have Your Say page to make a submission during the exhibition period.
A total of 169 written submissions were received. 96 submissions supported and 69 submissions objected to the proposal. 4 submissions did not indicate whether they supported or objected to the proposal. A further 28 individuals made comment via the Facebook post.
The geographic distribution of submissions is outlined in Figure 2.
Figure 2: Geographic distribution of submissions for minimum lot size planning proposal
Submissions received in support of the proposal were based on the following key principles that the 600m2 would:
· reduce street congestion by allowing for sufficient onsite parking;
· allow for sufficient landscaping to protect existing streetscapes;
· limit demand for existing infrastructure and reduce the need for new infrastructure; and
· protect amenity and local character.
Submissions received in opposition to the proposal objected on the basis that the 600m2 would:
· have a negative impact on landowners existing investment;
· reduces a landowner’s ability to derive revenue from their property;
· potential to reduce the property value due to the inability to develop a property for a dual occupancy development; and
· potential to impact housing affordability through reduced housing supply and choice.
Of the submissions in support, 13 requested that a control requiring larger lot sizes of between 650m2 and 800m2 apply, and 24 submissions objecting to the proposal requested that smaller lot sizes of between 400m2 and 550m2 apply.
Policy Implications
Policy implications for Council are outlined in the main body of the report.
Risk Implications
There are high risk implications for Council if a minimum lot size for dual occupancy development is not resolved at the meeting, with a minimum lot size of 400m2 applying by default in areas covered under the Auburn and Holroyd Local Environmental Plans from 1 July 2019. This minimum lot size is smaller than current controls for dual occupancy development, and will allow this form of development in areas where this is not currently permitted.
Financial Implications
There are no financial implications for Council associated with this report.
CONCLUSION
A planning proposal has been prepared to amend the minimum lot size for dual occupancy development for Cumberland. It is recommended that Council endorse a minimum lot size for dual occupancy development ahead of the introduction of the NSW Government’s Low Rise Medium Density Housing Code from 1 July 2019. If the planning proposal is not submitted by this time, a lower minimum lot size of 400m2 will apply for dual occupancy development in areas under the Auburn and Holroyd Local Environmental Plans.
It is also recommended that a request for deferral of the Code be sought from the Department of Planning, Industry & Environment. While Council has completed its work ahead of the deadline, it is unclear as to the time required by the Department for finalisation and gazettal. This approach will ensure there is a seamless transition between current and new controls.
Attachments
1. Detailed Analysis of Minimum Lot Size Scenarios ⇩
2. Planning Proposal – Minimum Lot Area for Low and Medium Density Dual Occupancy Housing ⇩
3. Meeting Minutes Cumberland Local Planning Panel 15 May 2019 ⇩
4. Report to Cumberland Local Planning Panel 15 May 2019 ⇩
5. Summary of Submissions ⇩
6. Consultation Material for Planning Proposal ⇩
7. Gateway Determination ⇩
DOCUMENTS
ASSOCIATED WITH
REPORT C06/19-103
Attachment 1
Detailed Analysis of Minimum Lot Size Scenarios
Attachment 2
Planning Proposal – Minimum Lot Area for Low and Medium Density Dual Occupancy Housing
Attachment 3
Meeting Minutes Cumberland Local Planning Panel 15 May 2019
Attachment 4
Report to Cumberland Local Planning Panel 15 May 2019
Attachment 6
Consultation Material for Planning Proposal
DOCUMENTS
ASSOCIATED WITH
REPORT C06/19-103
Attachment 7
Gateway Determination
5 June 2019
Item No: C06/19-104
Notice of Motion - Ramadan Food Festival 2019
Councillor: Ned Attie and Tom Zreika
File Number: SC483
Summary
Pursuant to Notice, Councillors Attie and Zreika submitted the following Motion.
Notice of Motion That Council: 1. Acknowledge the hard work and effort of staff from across Council in the organising of the Ramadan Food Festival 2019 and the limited time it was organised with enormous community success. 2. Provide a report with the number of attendees and feedback received from the community regarding the event. 3. Make the Ramadan festival a permanent fixture as part of Cumberland Council's events strategy. 4. Allocate funding to the festival from the events budget for 2020 and endeavour to obtain anchor sponsors. 5. Provide costings for the potential to expand the size of the festival from the current location used, along Auburn Road, through to the intersection of Kerr Parade. 6. Work with food vendors to provide a plan for affordable prices to the food that will be served and more variety. |
Resourcing Implications
A preliminary budget of $60,000 has been included in the Draft Operational Plan Budget 2019/20 to deliver the Ramadan Street Food Festival in 2020. Given the scale and success of the event in 2019, it is recommended that consideration be given to increasing the budget allocation to support the expansion of the Festival in 2020. This would enable the Festival footprint to expand within the Auburn Town Centre.
In 2019, Council secured sponsorship funding of $2,500 from Auburn Central and $2,500 from Ria Money Transfer in support of the event. Additional in kind sponsorship was also received from United Resource Management (URM), which covered the provision of waste management services. Income via sponsorship and stall holder fees will continue to be explored to support event delivery in 2020.
If this Notice of Motion is supported, a report will be prepared to provide options for increasing the funding for the event in 2020.
General Manager Advice
Council delivered its first Ramadan Street Food Festival in the Auburn Town Centre on Saturday 18 May 2019 from 6pm to midnight. The event was delivered within a 10 week lead time and its development involved close collaboration by Council staff from Events, Place and Engagement, Communications and Marketing. An event site crew made up of a range of outdoor and indoor staff from across the organisation delivered the event.
A full evaluation of the inaugural Ramadan Street Food Festival is underway and a report will be prepared for consideration by Council once this work is completed. Preliminary evaluation findings indicate that around 15,000 people attended the event over its duration from 6pm to midnight. This exceeds Council’s target of 6000 attendees. There were 22 food stalls/food trucks operating amongst restaurants on Auburn Road and an interactive community engagement space, cultural performance and three film screenings of ‘Before 1770’ were delivered as part of the Festival. These aspects were well received and created a unique experience for Festival attendees.
Early feedback from businesses on Auburn Road indicates high levels of satisfaction with the event.
Attachments
Nil