Council Meeting
Wednesday, 4 September 2019 at 6:30pm
Cumberland Council Chambers
Merrylands Service Centre, 16 Memorial Avenue, Merrylands
Councillor Contact Details
Granville Ward |
||
Clr Steve Christou |
0419 651 187 |
|
Clr Ola Hamed |
0405 070 007 |
|
Clr Joseph Rahme |
0418 995 471 |
|
Greystanes Ward |
||
Clr Greg Cummings (Mayor) |
0417 612 717 |
|
Clr Eddy Sarkis |
0418 306 918 |
|
Vacant |
- |
- |
Regents Park Ward |
||
Clr Ned Attie |
0419 583 254 |
|
Clr George Campbell |
0409 233 315 |
|
Clr Kun Huang |
0418 911 774 |
|
South Granville Ward |
||
Clr Glenn Elmore (Deputy Mayor) |
0418 459 527 |
|
Clr Paul Garrard |
0414 504 504 |
|
Clr Tom Zreika |
0449 008 888 |
|
Wentworthville Ward |
||
Clr Lisa Lake |
0418 669 681 |
|
Clr Suman Saha |
0419 546 950 |
|
Clr Michael Zaiter |
0418 432 797 |
For information on Council services and facilities please visit www.cumberland.nsw.gov.au
Council Meeting
4 September 2019
MM09/19-9 Mayoral Minute - Environmental Health Australia (NSW) Inc. Excellence Awards............................................................ 5
Director Environment & Planning
C09/19-191 Amended Report - Proposed Planning Controls for selected land uses and Part 6 of the new Cumberland Local Environmental Plan........................................................................................... 7
4 September 2019
Item No: MM09/19-9
Mayoral Minute - Environmental Health Australia (NSW) Inc. Excellence Awards
Author: Mayor Greg Cummings
File Number: SC486
Summary
I am pleased to announce that Cumberland Council staff have been recognised at the Environmental Health Australia (NSW) Inc. Excellence Awards for outstanding work in their field.
Council’s Environmental Health Team was named Environmental Health Team of the Year.
This team is responsible for a broad range of activities including inspecting food, industrial and public health premises, noise monitoring programs, monitoring the water quality of local creeks and public pools, managing food, environment and public health complaints and running education seminars.
In the past year, the team has conducted more than 1400 retail food inspections, 200 public health inspections and responded to more than 770 customer enquiries.
Council’s Team Leader of Environmental Health, Karen Boulter, was also awarded the Environmental Health Professional of the year.
This award recognises Karen Boulter’s work in developing a risk assessment framework for council officers to use when inspecting cooling towers and detecting high levels of Legionella and other bacteria. This framework is now setting a benchmark for many councils in Sydney’s west.
That Council congratulate the Environmental Health Team for their outstanding work. |
Attachments
Nil
Council Meeting
4 September 2019
Item No: C09/19-191
Amended Report - Proposed Planning Controls for selected land uses and Part 6 of the new Cumberland Local Environmental Plan
Responsible Division: Environment & Planning
Officer: Director Environment & Planning
File Number: S-5750-01
Community Strategic Plan Goal: A resilient built environment
Summary
The preparation of a new Cumberland Local Environmental Plan (LEP) is underway, with the focus on harmonising the planning controls of the three LEPs in operation across Cumberland into a single set of planning controls under a comprehensive LEP.
This report outlines some of the proposed planning controls to be included in the new Cumberland LEP. It recommends that Council endorse the planning approach for places of public worship and sex services premises, as well as local and site specific provisions. This information will be included in the planning proposal being prepared for the new LEP.
Recommendation That Council: 1. Endorse the planning approach for places of public worship to be included in the new Cumberland LEP, as provided in Attachment 1. 2. Endorse the planning approach for sex services premises to be included in the new Cumberland LEP, as provided in Attachment 2. 3. Endorse the local and site specific provisions to be included in Part 6 of the new Cumberland Local Environmental Plan, as provided in Attachment 3. 4. Note that the above items will be included in the planning proposal for the new Cumberland Local Environmental Plan. |
Report
Background
Cumberland Council is currently operating under three separate environmental planning instruments, known as a Local Environmental Plan (LEP), which represent the planning controls from the former Council area within Cumberland prior to amalgamation. These include:
i. Auburn LEP 2010, which applies to land in the former Auburn City Council area (eastern part of Cumberland);
ii. Parramatta LEP 2011, which applies to land in the former Parramatta City Council area (central part of Cumberland); and
iii. Holroyd LEP 2013, which applies to land in the former Holroyd City Council area (western part of Cumberland).
The current approach does not provide an integrated planning framework for the Cumberland area, with inconsistent planning controls in place, and is not aligned to current strategic plans and policies from Council and the NSW Government.
Changes to the Environmental Planning and Assessment Act 1979 in March 2018 require all metropolitan councils to review and amend their existing LEP to ensure it aligns with the relevant District Plan and Greater Sydney Region Plan. Cumberland has been identified as a priority council by the Greater Sydney Commission.
New Cumberland Local Environmental Plan (LEP)
The preparation of a new Cumberland LEP will be undertaken in the form of a planning proposal. The focus of the planning proposal for the new Cumberland LEP is harmonising the planning controls of the three LEPs in operation across Cumberland into a single set of planning controls under a comprehensive LEP.
The structure of the new Cumberland LEP is based on the Standard Instrument LEP, which is the principal template LEP provided by the NSW Government. Many clauses, provisions and schedules in the Standard Instrument LEP are compulsory and must be included in the new Cumberland LEP. However, there are some areas where Council has an ability to inform the scope and content on clauses, provisions and schedules to be included in the new LEP.
This report focuses on a range of proposed planning controls within the new Cumberland LEP, as shown in Figure 1. This includes:
· Land use table in regard to the specialised land uses of places of public worship and sex services premises
· Various local and/or site specific planning provisions
Figure 1: Proposed Planning Controls Covered in Council Report
Places of public worship
Places of public worship in Cumberland are currently permissible in a range of residential, industrial, business and special purpose zones under the Auburn LEP, Parramatta LEP and Holroyd LEP. The Parramatta LEP currently does not permit places of public worship under the low density residential zone and identifies this land use on mapping for the SP1 Special Purpose zone. The Auburn LEP currently permits places of public worship in public recreation zones.
It is recommended that Council endorse the following planning approach for places of public worship for inclusion in the new Cumberland LEP, as outlined in Attachment 1:
· Permit places of public worship with consent in the R3, R4, IN1 and IN2 zones.
· Specifically prohibit them in all other zones in the Cumberland LEP.
· For existing places of public worship zoned SP1 in the Parramatta LEP area, apply the surrounding zone. Existing use rights will apply where development consent is in place.
· Insert an additional objective in the Land Use Table for the R3 and R4 zones to ensure that places of public worship are located in a context and setting that minimises impacts on the amenity of a low density residential environment.
· Introduce new local provisions regarding places of public worship in R3 and R4 zones, including a minimum lot size of 2,000m2 for places of public worship and consent authority considerations.
Further consideration of planning controls for places of public worship will also be undertaken as part of the preparation for the new Cumberland Development Control Plan.
Sex services premises
Sex services premises in Cumberland are currently permissible in the IN1 zone under the Auburn LEP and in both the IN1 and IN2 zones under the Parramatta LEP. They are prohibited in all zones under the Holroyd LEP, with the exception of a handful of sites identified in Schedule 1 Additional permitted uses.
It is recommended that Council endorse the following planning approach for sex services premises for inclusion in the new Cumberland LEP, as outlined in Attachment 2:
· Permit sex services premises with consent in the IN1, B2, B4, B5 and B6 zones.
· Specifically prohibit them in all other zones in the Cumberland LEP.
· Retain permissibility of sex services premises on sites currently listed in Schedule 1 of the Holroyd LEP.
Further consideration of planning controls for sex services premises will also be undertaken as part of the preparation for the new Cumberland Development Control Plan.
Part 6: Local Provisions
Part 6 of the new Cumberland LEP provides additional specialised provisions to address local issues. The proposed specialised provisions for inclusion in the new Cumberland LEP are based on the following general rules of retention:
· Existing local provisions and additional permitted uses will generally be retained
· Additional local provisions that address specific local circumstances where justified, such as a result of relevant planning components of Council’s local strategic planning
· Additional permitted use provisions may be used to allow certain land uses/development on land where they would otherwise be prohibited (subject to conditions)
It is recommended that Council endorse a range of local and site specific provisions to be included in Part 6 of the new Cumberland LEP, as outlined in Attachment 3 and summarised in Table 1 below.
Local/site specific provision |
Recommendation for Council endorsement |
Acid sulfate soils |
Endorse carry over of objective and controls relating to acid sulfate soils for inclusion in new Cumberland Local Environmental Plan |
Biodiversity |
Endorse carry over of objectives and controls relating to biodiversity for inclusion in new Cumberland Local Environmental Plan |
Buffer area between industrial and residential zones |
Endorse carry over of objectives and controls relating to buffer area between industrial and residential zones for inclusion in new Cumberland Local Environmental Plan |
Design excellence |
Endorse carry over of objectives and controls relating to design excellence for inclusion in new Cumberland Local Environmental Plan |
Development in the Commercial Precinct |
Endorse carry over of site specific controls for inclusion in new Cumberland Local Environmental Plan |
Development of certain land at 1A and 1B Queen Street, Auburn |
Endorse carry over of site specific controls for inclusion in new Cumberland Local Environmental Plan |
Development on land at 42-44 Dunmore Street, Wentworthville |
Endorse carry over of site specific controls for inclusion in new Cumberland Local Environmental Plan |
Earthworks |
Endorse carry over of objectives and controls relating to earthworks for inclusion in new Cumberland Local Environmental Plan |
Essential services |
Endorse carry over of controls relating to essential services for inclusion in new Cumberland Local Environmental Plan |
Flood planning |
Endorse carry over of objectives and controls relating to flood planning for inclusion in new Cumberland Local Environmental Plan |
Foreshore building line |
Endorse carry over of objectives and controls relating to foreshore building line for inclusion in new Cumberland Local Environmental Plan |
Ground floor development in Zones B2 and B4 |
Endorse carry over of objective and controls relating to ground floor development in Zones B2 and B4 for inclusion in new Cumberland Local Environmental Plan |
Location of sex services premises |
Endorse carry over of objective and controls relating to location of sex services premises for inclusion in new Cumberland Local Environmental Plan |
*Minimum lot area for low and medium density dual occupancy housing |
Note approach to objectives and controls relating to dual occupancies on land for inclusion in new Cumberland Local Environmental Plan |
Places of public worship in Zones R3 and R4 |
Endorse planning approach for places of public worship for inclusion in new Cumberland Local Environmental Plan |
Restricted premises |
Endorse carry over of controls relating to restricted premises for inclusion in new Cumberland Local Environmental Plan |
Riparian land and watercourses |
Endorse carry over of objectives and controls relating to riparian land and watercourses for inclusion in new Cumberland Local Environmental Plan |
Salinity |
Endorse carry over of objectives and controls relating to salinity for inclusion in new Cumberland Local Environmental Plan |
Stormwater management |
Endorse carry over of objectives and controls relating to stormwater management for inclusion in new Cumberland Local Environmental Plan |
Urban heat management |
Endorse draft controls on urban heat management for inclusion in new Cumberland Local Environmental Plan |
* This clause will reflect the Council-led planning proposal to introduce a minimum lot area for low and medium density dual occupancy housing in the Auburn and Holroyd LEP areas. The planning proposal has been submitted to the Department of Planning, Industry and Environment for finalisation.
Table 1: Summary of Local and/or Site Specific Provisions for Council Endorsement
Next Steps
Subject to endorsement, the proposed planning controls will be included in the planning proposal that is being prepared for the new Cumberland LEP. The planning proposal will be provided for consideration by Council prior to seeking a Gateway Determination by the Department of Planning, Industry and Environment. This is required to be undertaken by the end of September 2019.
Community Engagement
An extensive consultation program is in place for the preparation of the new Cumberland LEP. The first stage is early consultation on the new LEP, which concluded on 30 August 2019, and represents pre-Gateway consultation in accordance with Council’s Planning Proposal Notification Policy. The second stage is formal consultation on the draft planning proposal for the new LEP in early 2020, subject to Gateway Determination by the Department of Planning, Industry and Environment.
Policy Implications
The preparation of the Cumberland Local Environmental Plan (LEP) is required under the Environmental Planning and Assessment Act 1979. The Cumberland LEP will also align with the strategic directions outlined in Council’s Community Strategic Plan and Draft Cumberland 2030: Our Local Strategic Planning Statement.
Risk Implications
Council is required to submit a planning proposal on the new Cumberland LEP by the end of September 2019. The release of funds from the grant is also linked to this milestone. Endorsement of the proposed planning controls will assist Council in meeting this milestone.
Financial Implications
Work undertaken on the Cumberland Local Environmental Plan (LEP), including strategic studies and planned community consultation activities, will be funded from the accelerated Local Environmental Plan Funding Grant provided by the NSW Government.
CONCLUSION
The preparation of a new Cumberland Local Environmental Plan (LEP) is underway. This report outlines some of the proposed planning controls to be included in the new Cumberland LEP. It recommends that Council endorse the planning approach for places of public worship and sex services premises, as well as local and site specific provisions as relevant to the Cumberland area. This information will be included in the planning proposal being prepared for the new LEP.
Attachments
1. Proposed planning approach for places of public worship ⇩
2. Proposed planning approach for sex services premises ⇩
3. Proposed Planning Controls - Part 6 ⇩
DOCUMENTS
ASSOCIATED WITH
REPORT C09/19-191
Attachment 1
Proposed planning approach for places of public worship
Attachment 2
Proposed planning approach for sex services premises