Agenda of Council Meeting - 18 September 2019

Council Meeting

18 September 2019

ORDER OF BUSINESS

1 Opening Prayer / Acknowledgement of Country / National Anthem

2 Notice of Live Streaming of Council meeting

3 Apologies / Requests for Leave of Absence

4 Declarations of Pecuniary & Non Pecuniary Conflicts of Interest

5 Confirmation of Previous Minutes

C09/19-209 Minutes of the Ordinary Meeting of Council - 04 September 2019................................................................................. 7

6 Mayoral Minutes

Nil

7 Public Forum / Presentation of Petitions

8 Items Resolved by Exception

9 Reports to Council

General Manager

C09/19-210 Legal Report................................................................... 25

Director People & Performance

C09/19-211 Response to Notice of Motion - Cumberland Council Multicultural Language Services....................................... 27

Director Finance & Governance

C09/19-212 Adoption of Investment Policy - Post Exhibition................. 35

C09/19-213 Local Government Election 2020 - Engagement of the NSW Electoral Commissioner................................................... 57

C09/19-214 Rates Harmonisation Update.......................................... 219

C09/19-215 Investment Report - August 2019................................... 281

Director Community Development

C09/19-216 Adoption of Cumberland Community Facilities Strategy 2019 - 2029 - Post Exhibition.................................................. 305

C09/19-217 Response to Notice of Motion - Service Centres at Council Libraries and Community Centres................................... 391

Director Environment & Planning

C09/19-218 Early Consultation for the New Cumberland Local Environmental Plan........................................................ 405

C09/19-219 Planning Proposal for the New Cumberland Local Environmental Plan........................................................ 443

C09/19-220 Local Infrastructure Contribution Planning Activities for the Cumberland Area.......................................................... 629

Director Works & Infrastructure

C09/19-221 Adoption of Verge Mowing Policy.................................... 731

C09/19-222 Approval of Heavy Vehicle Access to Cumberland Council Roads........................................................................... 761

10 Reports of Council Committees

Nil

11 Motions pursuant to Notice

C09/19-208 Notice of Motion - Dog Parks Granville Area.................... 769

C09/19-223 Notice of Motion - Responsible Pet Ownership Education Program........................................................................ 771

C09/19-224 Notice of Motion - Lidcombe Town Centre Parking Supply 773

12 Notices of Rescission

RES09/19-3 Notice of Rescission - Lidcombe Town Centre - Planning Controls Strategy........................................................... 775

13 Questions with Notice

Nil

14 Closed Session Reports

C09/19-225 General Manager's Performance Review for the Period from 1 July 2018 to 30 June 2019

Note: Included in Closed Council in accordance with Section 10A(2)(a) of the Local Government Act as the information involves personnel matters concerning particular individuals (other than Councillors).

C09/19-226 Tender Evaluation Report - Roads Infrastructure Services Contract (T-2019-015)

Note: Included in Closed Council in accordance with Section 10A(2)(d)(ii) of the Local Government Act as the information involves information that would, if disclosed, confer a commercial advantage on a competitor of the council.

C09/19-227 Tender Evaluation Report - Verge and Public Domain Mowing (T-2019-021)

C09/19-228 Tender Evaluation Report - Bus Shelter Contract (T-2019-011)

15 Other / General Matters

16 Close

Council Meeting

18 September 2019

Item No: C09/19-211

Response to Notice of Motion - Cumberland Council Multicultural Language Services

Responsible Division: People & Performance

Officer: Director People & Performance

File Number: HC-06-13-19

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides a response to the Notice of Motion - Multicultural Language Services resolved at the Ordinary Meeting of Council on 21 August 2019 (Min. 649).

Recommendation

That Council:

1. Continue with the current arrangements provided to support customers requiring assistance with translation and/or interpreting; and

2. Expand awareness of Council’s existing language services to the community by delivering a targeted communications campaign in community languages.

Report

At the Ordinary Meeting of Council held on 21 August 2019, Council considered the Notice of Motion - Multicultural Language Services and resolved (Min. 649):

“That Council:

1. Provide a report on the feasibility and costs associated with the establishment of a Council operated call service that allows residents to dial the customer services number and select their language prior to connecting to a customer service representative.

2. Focus on the top 5 regional languages within the Cumberland LGA when providing this report.”

This report outlines the current multilingual services available to Council customers and the key considerations relevant to exploring the feasibility of offering a Multilingual Interactive Voice Response (IVR) system from Council’s Contact Centre.

Existing Multilingual Services Available

The Customer Service Team is the main contact point for Cumberland residents. In 2018/19, the Customer Service Team handled 178,728 phone calls from the community. With the vast majority of Council’s contacts coming via the Customer Service Team, there is a strong focus on the achievement of service standards in ensuring Council’s commitment to providing excellent customer service and a positive customer experience.

The technology used in the Contact Centre is the Generation E Touchpoint Contact Centre Solution telephony system. The current configuration of this system provides Council with the degree of control needed to apply skill based routing and a range of contact channels via the one medium. The technology provides Council with the flexibility to change the routing and scheduling structure of the queue, based on identified needs.

Currently Council’s call queue is structured to allow the quickest access to a customer contact representative. All staff in the team are cross-trained in all customer service enquiries and requests, which allows for maximum coverage of the queue and offers a highly responsive service to the community.

Previous customer satisfaction surveys have shown that customers want to have their queries responded to in the shortest time possible and preferably, issues resolved at the first point of contact. The top driver of customer satisfaction in the most recent customer satisfaction survey was a “prompt level of resolution”. This service standard was described by customers to mean that calls should be answered within 60 seconds and service provided at the counter within 3 minutes of receipt of the ticket. The current composition of both the team and the call routing system have been designed to address these priorities, and have accordingly formed the basis for the focus areas identified in the Customer Experience Strategy.

The Cumberland community is diverse, comprising of a large proportion of residents from Culturally and Linguistically Diverse (CALD) backgrounds. According to the Census 2016, 52% of the population were born overseas and 66% of the population speak a language other than English at home. Of the 66% of people who speak a language other than English at home, 14.7% state that they do not speak English well. This is 1.7% higher than the Greater Sydney average (ABS, Census of Population and Housing, 2016).

Whilst there are over 150 different languages spoken by the Cumberland community, the top five community languages include Arabic, Mandarin, Cantonese, Persian/Dari and Tamil.

Council currently caters for its non-English speaking residents with the following services.

Translating and Interpreting Service (TIS)

The Translating and Interpreting Service is an interpreting service provided by the Department of Home Affairs for people who do not speak English and for agencies and businesses that need to communicate with non-English speaking clients.

The service is a three way call between a bilingual interpreter, an English-speaking agent and a non-English speaking customer. The interpreter can be engaged by the non-English speaking customer or by Council.

Phone interpreting offers the following benefits:

· Provides access to over 2600 contracted interpreters speaking more than 160 languages and dialects, including Council’s top 5 community languages.

· Is private and confidential.

· Connection to an interpreter in a major community language in under three minutes on the majority of occasions.

· Allows the pre-booking of phone interpreters.

· Is available 24 hours a day on every day of the year at no cost to Council or the customer.

Language Aide Program

The Language Aide Program utilises the skills of existing bilingual Council staff to provide communication assistance to residents and other stakeholders. The purpose of this service is to facilitate equal access to and participation in Council services by people from CALD communities.

The Language Aide Program is an important service which assists Council to achieve its commitment to ensuring all members of the community have equitable access to Council services and programs and is one measure which facilitates a high level of customer service across the organisation.

Council currently has 17 Language Aides covering the top five community languages with the exception of Tamil.

The Language Aide Program currently caters for the following community languages:

· Arabic

· Cantonese

· Dari/Persian

· Filipino

· Mandarin

· Macedonian

· Serbian

· Turkish

Within the Customer Service Team, there are three Language Aides covering the community languages of Arabic and Turkish.

Informal Language Support

The contact centre also employs a number of bilingual staff (not accredited) who are conversant in a large number of community languages. Whilst not officially accredited, the staff use their bilingual skills on occasions where required to assist the community.

The languages for which there exists this informal level of language support include:

· Arabic

· Bengali

· Cambodian

· Croatian

· Turkish

· Filipino

· Gujarati

· Hindi

· Macedonian

· Serbian

Discover Cumberland (Bi-lingual Community Education Program)

In addition to the multilingual services outlined above, Council has developed the Discover Cumberland program, which is a free bilingual community education program designed to meet the cultural and linguistic needs of the Cumberland community.

The program aims to raise awareness of Council services and democratic processes, and increase access to Council services. The program was developed in collaboration with local residents, schools and community organisations.

Groups of residents participate in experiential learning through interactive workshops and bus tours, led by bilingual community educators. Since its launch in late 2018, the program has seen an increase in the levels of awareness of participants about Council services, from 35% rating themselves as having a ‘high level of understanding’ at the start of the program to 80% at the conclusion.

The program is funded by the Better Waste and Recycling Fund and has involved recruiting and training six bilingual community educators (who speak 12 community languages including: Arabic, Korean, Mandarin, Persian, Dari, Farsi, Tamil, Turkish, Urdu, Punjabi, Hindi and Somali). Through the program, Council is working to overcome communication barriers which prevent residents from knowing about or accessing Council in the first place. Council has also used community networks to target promotion of the program to newly arrived and migrant residents.

The program has also developed and translated useful resources for the community including the New Residents Booklet (available in English, Arabic, Chinese, Farsi and Tamil) and associated videos (available in English, Arabic, Chinese, Farsi and Tamil with additional languages in progress).

Proposed Multilingual Queue Considerations

Multilingual IVR (Interactive Voice Response) System

The Multilingual IVR (Interactive Voice Response) System proposal would enable the current contact centre telephony software to create interactive voice response options for callers to select one of the top five community languages. That caller would then be routed to the next available bilingual agent who speaks the selected language.

In considering this option, Council would need to recruit, train and have accredited suitably qualified bilingual staff. This would require a minimum of two bilingual staff per community language to cater for rostering and leave arrangements.

In addition to the staffing requirements, Council would also need to incur expenses associated with the reconfiguration of the Interactive Voice Response (IVR) System and the scheduling and redistribution of agents via defined language criteria queues.

The proposed benefits of a Multilingual IVR System would be limited to the resolution of customer requests for the top 5 community language speakers in their own languages; a situation which is currently available to customers via the mechanisms outlined earlier in this report. It should also be noted that the system would not be able to cater for all languages spoken by the community.

Community Engagement

Council conducts regular community and customer satisfaction surveys to obtain feedback from the community about what their priorities are and how they want to engage with Council.

Council’s Community Satisfaction Surveys of 2017 and 2018, and Council’s Customer Satisfaction Experience Measure for 2018 did not obtain any feedback from respondents in relation to the need for additional assistance from Council for language services over the phone.

Council’s Community Satisfaction Survey for 2019 will more specifically seek to identify if there is a need in this area, and if so, how our customers may want to see such a need fulfilled.

Furthermore, general feedback and complaint handling data obtained via Council’s Complaints Handling Process did not register any enquiries relating to the need for increased language services over the phone.

The contact centre has not received any requests from the community in relation to increased options for assistance with interpreting and/or translation. The Translating and Interpreting service (TIS) is used in the majority of cases where a customer requires assistance in this area.

Policy Implications

Customer Experience Strategy – As outlined above, the Customer Experience Strategy adopted by Council and currently in the second year of its three year implementation program, centres on the community’s feedback about their priorities and service requirements. If Council were to implement a Multilingual IVR system, this strategy and its core principles would need to be revisited along with the current agreed service standards as the introduction of a new service offering would have implications on existing methods and performance measures.

Access and Equity Policy – This policy recognises the diverse needs of the Cumberland community and outlines Council’s commitment to providing equitable access to services delivered by Council. The policy states that “Council also recognises that being able to access, or having equal access to, a service, information or facility that does not meet a person’s individual needs, does not equate to access and equity”. If Council were to provide a multilingual service to speakers of the top five community languages, other groups not represented in this demographic would in effect be subject to a lesser standard of service, contravening the underpinning principles of this policy.

Risk Implications

There are a number of risks associated with considering a Multilingual IVR System.

The scheduling and agent availability of bilingual speakers would be a significant issue to manage. This would require a complete shift from the current multi-skilled routing contact centre (which was designed to respond to the need for fastest means of resolution) to a language based routing system.

Consideration would need to be given to the fact that the routing system presents limitations which means that if there are a number of calls in the queue with customers waiting specifically for a bilingual agent, these cannot then be routed to other customer service officers. These calls will sit in the queue, waiting for the bilingual agent to become available. This lack of flexibility and the availability of agents to receive calls poses a risk to Council’s service levels and reputation in delivering a high level of customer service.

There is some evidence that suggests that call abandonment rates and wait times are much higher in contact centres that offer language options on their IVR. Abandonment rates with multilingual phone queues are 650% higher, and wait times are 43% higher than in regular customer service queues (Review of Language Aide Program and Multilingual Telephone Line, City of Darebin, July 2017). This means that non English speakers often have longer wait times, are more likely to abandon their phone call and have a lower satisfaction with the speed of answer as a result. This would correlate with an overall lowering of service levels and wait times for all customers, which in turn could lead to an overall greater dissatisfaction with Council’s phone services.

The calls received via the Multilingual IVR system would not be able to be quality assured as per the Contact Centre Quality Assurance Program. These calls would not be subject to the same standards and key performance indicators as other calls, meaning that Council would effectively be accepting an inconsistent standard of service and monitoring for its CALD community in comparison with customers who can speak English.

The proposed Multilingual IVR System would also create recruitment and employment challenges including:

· The potential requirement to apply to the Anti-Discrimination Board of NSW for dispensation to be able to recruit from a select group and lawfully discriminate against non-bilingual applicants.

· Employees with specific bilingual skills are recruited from a more competitive market of employees and thus incur additional recruiting costs.

· Consideration would need to be given as to how Council would transition to a bilingual based contact centre, whilst retaining a high level of customer service. Additional staff would be required to ensure the maintenance of current service standards, particularly during peak periods.

Financial Implications

Costs associated with existing Multilingual Services available include:

Existing Language Service	Cost
Telephone Interpreter Service (TIS)	NIL
Language Aide Officers (Currently funded from salaries and wages)	$20,243.60 (per annum)
Informal Language Service	NIL
Discover Cumberland (Bi-lingual Community Education Program)	NIL (grant funded)

Below is a summary of the estimated costs associated with the implementation of a Multilingual IVR system and the resourcing requirements to support this:

Multilingual IVR System Language Service

Estimated Cost

Configuration of Multilingual IVR System

(one-off cost to reconfigure routing system)

$5,047.00

Additional Customer Contact Staff

(as described below)

Up to $1 million

(per annum, including on costs and allowances)

Depending on the number of additional staff required to ensure the maintenance of current service levels following the introduction of a multilingual service offering, the salary costs to employ additional staff are likely to be significant and are not currently funded in Council’s budget.

An additional ten staff (as a maximum) would require up to an estimated $1 million per annum in salaries, inclusive of on-costs and Language Aide allowances, noting that a premium rate would need to be paid to employees who possess the required skills. This is not currently funded within Council’s approved staff establishment. If Council were to proceed with this option, the final costs (dependant on the exact number of additional staff to be employed) would need to be accounted for from reductions elsewhere in the budget.

Whilst some of the additional staff required could be sourced from the existing Customer Service Team, due to the limitations of the routing system outlined above, additional resources would be required to ensure that current service standards could be maintained. Further, current employees would need to agree to operate as bilingual Customer Service Officers as this degree of change to their roles could not be unilaterally enforced without the risk of industrial dispute.

In addition to the above costs, there would also be a requirement to fund additional accommodation and infrastructure (furniture, IT equipment etc.) to support additional staff.

CONCLUSION

This report provides a response to the Notice of Motion – Multicultural Language Services resolved at the Ordinary Meeting of Council held on 21 August 2019.

Council currently provides a range of cost effective multilingual service options that promote accessibility to Council services for residents from Culturally and Linguistically Diverse (CALD) backgrounds.

This report outlines that the proposed Multilingual IVR system would affect Council’s overall provision of customer service to the community. Current service levels and Council’s ability to have a flexible and responsive contact centre would be compromised, which would likely lead to reduced customer satisfaction. Furthermore, the recruitment and employment of additional bilingual Customer Contact staff to support the implementation of a Multilingual IVR system would pose significant ongoing financial implications to Council, which are currently not budgeted for in the approved Operational Plan 2019/20 budget. Both the risks to Council’s reputation and the associated financial implications mean that the feasibility of introducing the proposed Multilingual IVR system is not viable.

Any benefits which could be derived from a Multilingual IVR system are currently provided for through existing means. This report therefore recommends that Council continue with its current arrangements to support customers requiring assistance with translation and/or interpreting. It further recommends that Council deliver a targeted communications campaign in community languages to expand awareness of Council’s existing language services available to the community.

Attachments

Nil

Council Meeting

18 September 2019

Item No: C09/19-213

Local Government Election 2020 - Engagement of the NSW Electoral Commissioner

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: SC623

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report recommends that Council engage the NSW Electoral Commissioner to facilitate the 2020 Local Government Election on behalf of Cumberland Council.

Recommendation

That Cumberland Council (“the Council”) resolves:

1. Pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2. Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

3. Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

Report

Under section 296AA of the Local Government Act 1993 (the Act), councils must make a decision on how their September 2020 ordinary elections are to be administered no later than 18 months prior to the election, with this date previously being 11 March 2019. As a result of the recent IPART review into the costs of conducting local government elections, this date was revised, with the new deadline being 1 October 2019.

Council must resolve either:

· To enter into an election arrangement with the NSW Electoral Commissioner (NSWEC) to administer all the Council’s elections, polls and constitutional referenda;or

· That the Council’s elections are to be administered by the General Manager of the Council.

If a council fails to resolve to engage the NSWEC to administer its elections by 1 October, it will be required to administer its own elections through an electoral services contractor.

Attached to this report are the relevant Office of Local Government Circulars, as well as the Draft IPART report. The final report is due to be released imminently and is noted as with the Minister on the IPART website.

The Draft Report released by IPART in June 2019 in relation to the Review of Local Government Election Costs has made a number of recommendations in relation to the funding of local government election costs. It is noted that the clear intent of the recommendations is to require local councils to pay for a significantly larger portion of local government election costs as summarised by the following recommendation from the IPART:

"NSWEC's efficient costs of managing local government elections should be allocated using the impactor-pays funding hierarchy. That is, where possible, costs should be allocated to the parties that create the need for those costs. Where it is impractical to allocate costs in this way, they should be funded by the NSW Government (i.e., taxpayers)."

The cost-distribution model recommended by IPART will lead to client councils of the NSW Electoral Commission contributing 97% of the cost of running the election in their LGA. This is a significant increase from the current estimated level of around 62%.

Using the recommended costing model, IPART estimates that the cost contribution required from Cumberland Council for the 2020 Local Government Election will be $1,441,000 an increase from Council's contribution of $878,899 for the 2017 election. This is an expected increase of $562,101 (64%) from the costs of the previous election that Council will need to budget for if the report recommendations are enacted. It is noted that the 2017 election cost included a poll of electors, which was estimated at approximately 10% of the overall election cost. Therefore if a poll of electors is not conducted at the 2020 elections, the cost estimate will be slightly lower.

For previous local government elections, councils had the ability to resolve that the General Manager conduct the elections for that council area. If councils were of the opinion that they could conduct the election at a lower cost than the quote provide by the NSWEC, then this option provided a way for councils to contain/reduce election administration costs. Recent amendments to the Local Government Act 1993 have removed the option for councils to resolve that the General Manager conduct the elections for that council area. Councils can now only utilise the services of the NSWEC or an electoral services provider engaged by Council.

The IPART report acknowledges that any potential benefits of competition from private electoral services providers will not be evident to councils until at least the 2024 local government elections. Given this, it is recommended that Council resolve to engage the NSW Electoral Commissioner to administer the 2020 Local Government Election on behalf of Cumberland Council.

Community Engagement

Council will assist the NSWEC by running its own voluntary advertising and community awareness activities for the 2020 Local Government Elections. This ensures that Council will meet its statutory advertising obligations whilst also creating greater awareness and engaging the community to participate in the local government election.

Policy Implications

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

Risk Implications

There are significant legislative, reputational and financial risks that can arise for Council in conducting its own election, as well as the diversion of staff resourcing from delivering on the operational and strategic priorities of Council in assisting in the running of an election with an externally appointed electoral services provider. For these reasons it is not recommended that the election be run by Council.

Financial Implications

There are financial implications associated with running an ordinary election which Council is required to budget for. The previous Local Government Election of Cumberland in 2017 cost $878,899. It is important to note that this included the significant cost of conducting a Poll of Electors. It is estimated, based on the advice of the NSW Electoral Commission, that the cost of the Poll of Electors component of the election was 10% of the total cost. Should the IPART report recommendations be enacted, and Council run a poll of electors at the next election, Council will need to budget up to $1,441,000 over 4 years in 2020/21.

CONCLUSION

It is recommended that Council resolve to engage the NSW Electoral Commissioner to conduct the 2020 Cumberland Council Local Government Election.

Attachments

1. OLG Circular - Administration of Council Elections ⇩

2. OLG Circular - Recent Amendments to LGA 1993 ⇩

3. Draft IPART Report - Review of Local Government Election Costs ⇩

Council Meeting

18 September 2019

Council Meeting

18 September 2019

Item No: C09/19-214

Rates Harmonisation Update

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: HC-19-01-6/02

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides Council with an update regarding the issues surrounding rates harmonisation.

Recommendation

That Council:

1. Note the information and options for rates harmonisation.

2. Take the maximum 4 years allowed in section 218CB of the Local Government Act 1993 to implement the new rates. The implementation date will be by June 2021.

3. Make an application to the Minister for Local Government for a variation to section 218CB, outlining a solution that no increases in residential rates for 2020-2021 be implemented in the former Holroyd City Council area to reduce the overall impact on rates harmonisation.

4. Write to the Minister for Local Government and the Independent Pricing and Regulatory Tribunal in relation to the loss of business rates of $5.0m per annum from the former Auburn City Council area, highlighting the financial sustainability issue this has created and requesting approval to make an application to increase the rates cap from 2020-2021.

Report

Context

Following the amalgamation of the three Councils, it was determined by proclamation and the subsequent amendment to the Local Government Act 1993 (“the Act”) that Council would need to have one rating system by June 2020 (three months before the Council Election in September 2020). To alleviate this issue, on 14 June 2019 a Bill was approved by Parliament to amend s218CB of the Act to allow Council a timeframe of four years. Council is required to opt in if they wish to implement rates harmonisation after three years.

Furthermore, a rate freeze was passed by NSW Parliament to amend the Local Government Act. This amendment was to freeze the rates for a period including the structure of rates, the categorisation or subcategorisation of land for rating purposes, the calculation of the new council’s notional general income for rating purposes, the treatment of any variation of a former council’s notional general income under that would have been applicable had the amalgamation effected by the relevant proclamation not occurred to the determination of rates and charges for land within the new area.

Therefore, Cumberland Council has been maintaining all rates structures, six rate pools that total to one rate cap. In the budget approved by Council in June 2019, the following are the six rate pools Council maintains:

Residential	Auburn City Council (Auburn)	Parramatta City Council (Parramatta)	Holroyd City Council (Holroyd)	Total
Total Advolerum	16,698,462	10,285,973	39,821,548	66,805,983
Minimum	595.20	690.14
Base Charge			511.51
Rate Increase 2.7%	450,858	277,721	1,075,182	1,803,762

Business	Auburn	Parramatta	Holroyd	Total
Total Advolerum	9,392,885	4,290,878	17,872,268	31,556,031
Minimum	595.20	690.14 & 704.52	1,206.68
Rate Increase 2.7%	253,608	115,854	482,551	852,012

Total Rates	26,091,347	14,576,851	57,693,816	98,362,014

On 21 June 2019, the Minister for Local Government approved IPART’s Review of the Local Government Rating System and released the report for final consultation on 13 September 2019. At the Ordinary Meeting of Council held on 4 September 2019, Council resolved to make a submission on IPART’s report.

Whilst the IPART changes have not yet been legislated, Council supports the proposed gradual implementation method as it will reduce the impact to residential ratepayers.

The following outlines Council’s proposed process for rates harmonisation:

Stage 1 Process before Election 2020

Stage 2 Process after Election 2020

Work Undertaken to Date

In May 2019, Council carried out an independent assessment of Council rates and rates harmonisation issues. The study included:

· Four options including implementing a Base Rate or 3 different levels of minimum rates

· An analysis on the ability to pay

· Recalculation of the rates of 70,000 ratepayers under all four options

· Further analysis of each option divided by percentile bands 10 to 90 to determine impacts for the different groups.

Outcomes

The residential ratepayers options modelled include:

· Option 1: Minimum rate – Auburn rate path has a minimum of $595.20

· Option 2: Base Rates – Holroyd rate path has a base rate set at 50% of total rates

· Option 3: Minimum rate – Parramatta rate path has a minimum of $690.14

· Option 4: Minimum rate – New option to increase minimum to $900.

The calculations are based on 2018-2019 rates values based on unimproved land value.

The results presented from the options are extremely varied. In cases where there is a low impact on Auburn, there is generally a larger reduction in Holroyd. There is no option through which Holroyd rates do not decrease.

It should be noted that these are all hypothetical calculations made to find a solution to rates harmonisation. Calculations are for demonstration purposes only.

Options verses current rates Increase / (decrease)	Auburn %	Holroyd %	Parramatta %
Avg Difference Option 1	22.3	(8.5)	18.4
Min Difference	0.0	(2.0)	(19.0)
Max Difference	37.1	(27.9)	34.4
Range Differences	37.1	25.9	53.1
Avg Difference Option 2	20.8	(9.7)	14.8
Min Difference	(21.4)	(6.8)	(19.3)
Max Difference	45.3	(14.0)	35.1
Range Differences	66.7	7.2	54.4
Avg Difference Option 3	7.5	(20.9)	(4.1)
Min Difference	1.9	(37.8)	(0.2)
Max Difference	16.0	9.3	(10.7)
Range Differences	17.9	47.1	10.5
Avg Difference Option 4	18.9	(9.9)	3.1
Min Difference	(18.6)	(37.3)	(20.2)
Max Difference	51.2	34.1	22.4
Range Differences	69.8	71.4	42.6

Issues

· Council will need to choose one method, either a base rate or minimum rate. When modelling changing from minimums to the base rate, there is an increase in rates by 25% for those ratepayers with a land value near the middle and a reduction for ratepayers at the upper end. Therefore, it has been observed that there is a redistribution of rates through changing the method used. Further, when adding rates harmonisation on top of this, there is a potential for large increases for a large portion of residents.

· All the proposed changes to rates for residents do not increase rate income across Cumberland. Income is being redistributed therefore there is significant disruption for no increase in rates income nor services.

· The Act currently only allows one Advolerum rate. There is a provision within IPART’s report, recommendations 10 and 11, which allow Council to have residential sub-categories. This could be a difficult proposition for Council as former rates boundaries do not align with ward boundaries. Further to this, determining how different services are measured is something Council needs to consider.

· Rate Cap – If Council could increase the rate cap by 10% over 5 years (2% per annum), this would avoid the issue of the rates of former Holroyd ratepayers decreasing. The former Holroyd rate path has recently finished a Special Rate Variation to fund additional services and the community was happy pay the higher rates as long as the services remain the same. This process will undo all the work and potentially create negativity around Council service levels.

· Community Consultation – The harmonisation options highlight the issues identified in the former council’s Boundary Commission submission. At the time of amalgamation, the community already disagreed with the boundary alignment and now they are going to be directly impacted by it.

During the NSW Boundaries Commission review with the former councils, it was identified that boundary changes would reduce the business rates collected by Cumberland Council by $4.1m, equal to the business rates collected in 16/17 for the area north of the M4. Business rates act as a subsidy for residents due to the increased ability of business to pay rates, coupled with a lower consumption of traditional services. Therefore, the remaining rates income from businesses subsidises the services relied upon more heavily by residential rate payers.

This was identified by former Auburn City Council in their submission to the Boundaries Commission, which showed that the total impact of the increased proportion in residential rate income (due to the significant reduction in business rate income and the significant increase in the number of residents) would be estimated to cost the new Council between $4m to $12m per annum.

Michael Bullen of the NSW Boundaries Commission confirmed that “over one-third of submissions (37) identified issues against financial factors”. Bullen relied on forecasts provided by KPMG stating that there would be sufficient income from the former Woodville Ward now within Cumberland Council.

· The 4 year extension will further increase the difference in rates, as the amendment to the Act does not allow for redistribution between rate paths. The recalculated redistribution of rates is $1.5m per annum from former Holroyd to Auburn and Parramatta areas.

· The IPART report has been released and there is the issue of Capital Improved Value that will substantially impact the calculation of rates. Cumberland has 35% of ratepayers in a strata arrangement paying very low rates.

· Land revaluation is due in June 2020, which will make the recalculation of rates complex.

· The areas requiring the largest increase in rates include groups of residents with some of the lowest ability to pay within the Sydney metropolitan area. These are the same residents that were impacted by the loss of business rates through the boundary change.

· The current rating system in Cumberland is inefficient as the highest average land values currently pay the lowest rates due to unimproved land values being the basis for rate calculations.

Solutions

· Implement a gradual transition of rates. As outlined above, Council has discovered that residents’ rates without gradual harmonisation could either decrease by 25% or increase by 51%, with the net difference as high as 76%, which is unequitable.

Below is current plan that sees the highest increase in rates being 9% (6.5% above CPI). The cap proposed by IPART was 10% above CPI.

· An interim increase in Rate Cap to ensure Holroyd rates do not decrease (see table above). Council faces a financial sustainability challenge and this would be an opportune time to correct the $5m shortfall created by the loss of business rates from the boundary changes in the amalgamation.

· The Minister for Local Government is required to approve Council’s proposal that no increase be applied to the former Holroyd residential rates in 2020-2021. The table on page 2 identifies that this would be $1.1m in rates that could be redistributed as Council can commence the harmonisation earlier and look to reduce the period from 5 years to 4 years, which aligns to one Council term.

· Council’s position is to implement Capital Improved Value at the same time as rate harmonisation, which will address the ability to pay as Council could fairly distribute rates. The attached Capacity to Pay Report identifies the issues faced by Cumberland in relation to equity.

Community Engagement

Substantial community consultation is required in relation to rates harmonisation. The timing of consultation is vital as Council requires a high level of certainty regarding future legislation to ensure that the most relevant options are presented to the community.

Policy Implications

Whilst this is not a policy of Council, there will be changes to legislation that will impact the process.

Risk Implications

There are significant political, reputational, social, financial and operational risks associated with the final strategy to harmonise rates.

Financial Implications

There is a large financial risk in that Council is looking to increase rates in areas where there is large disadvantage, which will put a strain on Council’s cash flow.

CONCLUSION

The range of issues and outcomes identified are varied; Council wants to allow ample time to consult with the community regarding the impacts. IPART’s proposed changes to all gradual equalisation will reduce the immediate impacts. It is important for Council to understand the legal framework before proceeding further with community consultation, which is anticipated to occur from March 2020.

Attachments

1. Independent Review Rates Harmonisation ⇩

2. Capacity to Pay ⇩

Council Meeting

18 September 2019

Item No: C09/19-215

Investment Report - August 2019

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: A-05-01/05

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This is a report from the Director Finance & Governance providing an update on the performance of Council’s investment portfolio to 31 August 2019.

Recommendation

That Council receive the August 2019 Investment Report.

Report

Included in this report are the following items that highlight Council’s investment portfolio performance for the month, year-to-date to 31 August 2019 and an update on the investment environment.

Council Investments as at 31 August 2019

Council’s investment portfolio has a current market value of $172,812,076. This represents a premium of $1,617,081 above the face value of the portfolio being $171,194,994 and generates a 2.13% average purchase yield. The following table reflects Council’s holding in various investment categories.

Investment Portfolio Performance

The investment returns for the month year-to-date of 31 August 2019 outperformed the current month benchmark and exceeded the year to date benchmark.

Performance – Current Month 31 August 2019

For the month of August, Council‘s portfolio generated interest earnings of $299,143. This is $92,524 lower than the budget of $391,667 and outperformed the AusBond Bank Bill Index by 1.50%, as detailed below:-

Performance – Year-to-date 31 August 2019

For the year-to-date, Council‘s portfolio generated interest earnings of $622,482. This is $160,851 lower than the budget of $783,333 and outperformed the AusBond Bank Bill Index by 0.75%, as per below:-

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

To manage risk, key criteria are incorporated into Cumberland Council’s investment making decisions, as detailed below:-

Preservation of Capital

The requirement for preventing losses in an investment portfolio’s total value (considering the time value of money).

Diversification

Setting limits to the amounts invested with a particular financial institution or government authority to reduce credit risk.

Credit risk

The risk that an investment of Council fails to pay the interest and/or repay the principal of an investment.

Maturity risk

The longer the term of the investment, the greater the exposure to potential changes in interest rates, market volatility and credit quality of an issuer.

Financial Implications

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

CONCLUSION

Council hereby certifies that the investments listed above have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Attachments

1. Investment Summary Report August 2019 ⇩

2. Economic and Investment Portfolio Commentary August 2019 ⇩

Council Meeting

18 September 2019

Item No: C09/19-216

Adoption of Cumberland Community Facilities Strategy 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 Community Facilities Strategy 2019-2029 following a period of public exhibition.

Recommendation

That Council adopt the Draft Cumberland Community Facilities Strategy 2019-2029 as outlined in Attachment 2 of this report.

Report

At the Ordinary Meeting of Council held on 3 July 2019, Council resolved to place the Draft Cumberland Community Facilities Strategy 2019-2029 on public exhibition for consultation with the community (Min. 581).

Council received five formal submissions during the public exhibition period. In addition, three emails were received with questions and comments about the Draft Strategy. A summary of the submissions and emails received and Council’s responses are listed in Attachment 1.

Minor amendments have been made to the Draft Strategy based on the public submissions. Key changes include:

· Amendment of the wording of Action 3.2.1 relating to local heritage and culture being reflected at facilities, to incorporate additional potential techniques to achieve this (e.g. photographs and artefacts).

· Expansion of the guiding principle ‘Multipurpose and adaptable’ to incorporate new and emerging technology.

· Expansion of the guiding principle ‘Access to outdoor areas’ to include reference to the potential incorporation of community gardens at facilities.

· Amendment of the wording of Action 5.4.1 relating to the development of a new community facilities webpage to better promote facilities. Additional promotion techniques have been included utilising Council’s communications channels, such as e-news, newsletters, social media and community networks.

Many of the submissions related to initiatives that are already incorporated into the strategies and actions in the Draft Strategy.

Council has now addressed all public feedback and recommends that the Draft Cumberland Community Facilities Strategy 2019-2029 included in Attachment 2 be adopted by Council.

Community Engagement

Council publicly exhibited the Draft Cumberland Community Facilities Strategy 2019-2029 from 8 July 2019 to 4 August 2019.

During the public exhibition period, the following community engagement activities were undertaken:

· The Draft Strategy was distributed to:

o Key stakeholders who participated in the community engagement process associated with the development of the Draft Strategy (including community organisations, survey respondents, community facility hirers and lessees).

o Council advisory committees and groups.

o Internal Council stakeholders (specifically involved in the planning, management, operation and programing of community facilities).

· The Draft Strategy and the Community Engagement Outcomes Report were made available on Council’s ‘Have Your Say’ website.

· The Draft Strategy was made available at Council libraries, staffed community centres and customer service centres.

· Public notice of the exhibition period of the Draft Strategy was advertised in the Auburn Review and Parramatta Advertiser on 16 and 17 July 2019.

· The Draft Strategy was also distributed through Council’s community networks.

Council received 119 visits to the ‘Have Your Say’ website during the public exhibition period, with 43 people downloading the Draft Strategy.

Policy Implications

The development and implementation of the Community Facilities Strategy is a key project identified in Council’s Operational Plan. The implementation of the Strategy aligns with the Cumberland Community Strategic Plan 2017-2027, specifically Outcomes 1.2: “We have high quality services and facilities that fit our purposes” and 2.2 “We have equal access to local community facilities and spaces”.

Risk Implications

The Community Facilities Strategy provides an important framework to ensure long-term planning for facilities across Cumberland is undertaken in a consistent way, based on population needs and growth.

Implementation of the Strategy will ensure a more strategic, economically sustainable approach to facility provision. It will also facilitate improved access, utilisation and operation of community facilities for the benefit of the community.

The Strategy will be supported by an annual implementation plan which identifies the priority actions to be implemented with accompanying responsibilities and timeframes.

Progress against the Strategy 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 Strategy will be undertaken midway and at the completion of the ten year term in 2029.

Financial Implications

Some actions within the Draft Strategy will be delivered utilising existing resources and funding. Funding for the implementation of key Year 1 projects, such as the development of The Granville Centre and the expansion of the Peacock Gallery and Artist Studio has been factored into the approved Capital Works Program budget for 2019/20.

Some actions, including major facility development projects, will need to be scoped and costed further and factored into future Capital Works Program budgets. The delivery of some of the major facility development projects will fall within the duration of this Strategy (ten years). For remaining major projects, facility delivery will occur beyond the ten year term. This reflects the substantial timeframes required to scope, plan, secure funding and deliver each project.

New facility and facility redevelopment projects that cater to growth will also be included in other planning and infrastructure strategies. Some of the major projects identified in the Strategy align with the Community Facilities Schedule of Works identified in the Draft Cumberland Local Infrastructure Contributions Plan included within this Business Paper.

Council will also proactively seek external grants and explore various funding and delivery opportunities and mechanisms, such as through planning agreements and planning proposals, to support the delivery of actions outlined in the Draft Strategy. Where appropriate, opportunities will be explored to consolidate or rationalise poor quality facilities that are not fit-for-purpose to help fund new facility developments.

CONCLUSION

Council has publicly exhibited the Draft Cumberland Community Facilities Strategy 2019-2029 and addressed all public feedback as outlined in Attachment 1 of this report. The Draft Cumberland Community Facilities Strategy 2019-2029 is now recommended for adoption.

Attachments

1. Summary of Submissions received during the Public Exhibition Period ⇩

2. Draft Cumberland Community Facilities Strategy 2019 - 2029 ⇩

Council Meeting

18 September 2019

Council Meeting

18 September 2019

Item No: C09/19-217

Response to Notice of Motion - Service Centres at Council Libraries and Community Centres

Responsible Division: Community Development

Officer: Director Community Development

File Number: SC483

Community Strategic Plan Goal: A great place to live

Summary

This report provides a response to the Notice of Motion - Service Centres at Council Libraries and Community Centres resolved at the Ordinary Meeting of Council on 21 August 2019 (Min. 648).

Recommendation

That Council receive and note this report.

Report

Background

At the Ordinary Meeting of Council held on 21 August 2019, Council considered a Notice of Motion - Service Centres at Council Libraries and Community Centres and resolved (Min. 648):

“That Council provide a report in relation to the current administrative services offered at Council’s customer service centres, community centres and libraries across the Cumberland Local Government Area.”

The report provides details of the suite of administrative services available to the community at these sites, current user statistics and information related to limitations across these sites for the potential expansion of administrative services.

Current Locations and Administrative Services Available

Council currently operates eight libraries and three staffed community centres in Auburn, Berala and Guildford (with an additional Community Hub underway at Granville). Council’s two central libraries are co-located with Council’s Customer Service Centres at Auburn and Merrylands.

The facility locations are illustrated in Attachment 1 of this report.

The following outlines the current provision of services available to the community at each of these sites, resourcing levels and utilisation statistics. A summary table is included in Appendix 2, which provides a comparative analysis of services available by facility type and location.

Libraries

Within each of Council’s eight libraries, customer service functions are provided from the circulation desk, which is staffed by a rotating roster of permanent and casual Library Officers.

Administrative services provided at each library include:

· General information and referral services

· Service requests and complaints

· Payments for library services

· Registrations for Library programs and services

· Viewing of Council documents on public exhibition

· JP services

· Internet and Wi-Fi access

· Copying/printing

Hours of operation: 6 - 7 days/week, with extended opening hours: 9.30am - 8pm (depending upon branch and day).

Total weekly opening hours: 395.5

Total visitation per annum: 983,959

Number of frontline staff: Minimum 2.5 FTE at each branch location.

Staffed Community Centres

Council’s staffed multipurpose community centres aim to provide a ‘one-stop shop’ model of service provision to the community. This includes providing a place-based, satellite service which facilitates access to Council and other community services. Each Centre is configured with a front-counter/reception desk which is staffed by a part time Bookings and Information Officer and/or Centre Coordinator located on-site. Community Centres provide a range of on-site customer service functions (face to face and phone enquiries), 5 days a week. Additional services such as hall booking functions, on-site facility management support, receipt of payments and program registrations are provided from Council’s staffed community centres.

Council is reviewing ways to enhance the delivery of this model at the three existing sites (Auburn, Berala and Guildford). This also includes future planning for this model of delivery at The Granville Centre in 2020.

Planning for the development of the Auburn South Community and Recreation Centre and the future Wentworthville Community Hub is also in preliminary stages. These new facilities are also proposed to operate under the ‘one stop shop’ model which includes an onsite staffing presence and provision of key administrative services to the community.

The Allan G Ezzy Community Centre at Pemulwuy also offers a potential site for the future establishment of a staffed community centre, subject to appropriate resourcing.

Administrative services provided from each staffed community centre include:

· General information and referral services

· Service requests and complaints

· Facility bookings

· Customer request processing

· Registrations for Council programs

· Payments (cashless) for programs

· Viewing of Council documents on public exhibition

· Wi-Fi access

· On-site support and enquiries

· Information and referrals to other community services

· Form filling service (volunteer-run at some sites only)

Hours of operation: 5 days/week, Monday to Friday 9am - 4:30pm.

Total weekly opening hours: 112.5

Total visitation per annum: 255,919

Number of frontline staff: 2 FTE per site (minimum requirement for WHS).

Customer Service Centres

Council’s two Customer Service Centres in Auburn and Merrylands provide a front counter service 5 days a week, which is staffed by dedicated Customer Service Officers who are trained in the full suite of customer service functions. These are complimented by Council’s Contact Centre located in Auburn which offers phone and webchat functions and the After-hours Contact Centre, which provides ongoing access to Council outside of business hours.

Administrative services provided from Customer Service Centres include:

· General information and customer requests for:

o Waste Enquiries (missed service, household clean-up bookings etc.)

o General Enquiries/Information provided

o Finance & Rates Enquiries

o Planning & Development

o Parks & Recreation

o Compliance & Environment

o Property & Facilities

o Road Maintenance

o Community Development

o Corporate Services

· Complaints and feedback

· Payments (EFTPOS, cheque, cash)

· Application enquiries

· Application processing including lodgement of DAs and other applications

· Viewing of Council documents on public exhibition

· JP services

Hours of operation: 5 days/week, Monday to Friday 8am - 4:30pm.

Total weekly opening hours: 85

Total visitation per annum: 33,682

Number of frontline staff: 2 - 4 FTE per site

Collectively the existing thirteen sites provide the community with access to Council staff and services in person (593 hours per week) in easily accessible locations distributed across the Local Government Area. Council’s library network provides extended, out-of-business-hours access to Council, up to 7 days a week. Additional support is provided through Council’s webchat and phone contact services.

Considerations for Expansion of Administrative Services

The following issues, risks and limitations would need to be considered in relation to the expansion of administrative services beyond what is currently offered at Council’s libraries and community centres:

· Technology/equipment requirements - Library counters/circulation desks are currently set up to provide core library functions through use of the library management system. Additional IT infrastructure and equipment would be required to enable access to, and delivery of, Council’s full suite of customer service functions. Library staff rove to manage the customers in the public areas and are not always available behind a counter desk.

· Staff resourcing - Consideration would need to be given as to how Council staff would provide additional administrative functions at these sites, whilst delivering on existing core business functions (library or facility management) and still retain a high level of customer service. Many of the sites already manage high volumes of customer interaction. Additional staffing would be required to provide expanded or dedicated customer service functions at these locations.

· Capacity of staff and training requirements - There are a large number of staff currently involved in delivering services at all library and community service points. This involves a rotating roster of permanent and casual staff. Additional training would be required to develop the skills and knowledge of staff. This training would be required to train staff across all Council functions, in addition to the extensive training and induction processes provided to new staff in their roles related to core library/facility functions. There may be difficulty training everyone to an adequate standard and a significant financial investment in training would also be required.

· Types of services provided - Consideration would need to be given to what additional services are provided. For example, processing applications can be very time consuming and may cause workflow issues if offered at a location with very limited staff resources. There is also no access to ‘expert’ advice after hours.

· Safety and security issues - Additional security/CCTV and service desks would need to be considered at library locations where there is currently no capacity for significant cash handling. Secure money collection would need to be added for each location.

Council is investing considerable resources into improving its e-service functionality and accessibility. This includes the development of a new website and enhanced e-services through the implementation of TechOne. Whilst Council recognises that online services present some accessibility challenges for proportions of the community, they will also significantly enhance customer interaction with Council.

Community Engagement

Council has undertaken significant community engagement to inform the development of Council’s Customer Experience Strategy, Library Strategy and Community Facilities Strategy. Each of these strategies identify service delivery to be a key priority. They also identify opportunities to ensure customer interaction points are accessible and harmonised, and further identify opportunities for expansion.

Further community engagement will be undertaken in the planning and implementation of new community facilities such as The Granville Centre, Auburn South Community and Recreation Centre and the Wentworthville Community Hub.

Policy Implications

Council’s Customer Experience Strategy 2018 - 2021 identifies “investigating and implementing the expansion of customer service functions to other areas within Council including community hubs and libraries” as a key project for 2020/2021.

Priority 5 of Council’s Library Strategy 2018 - 2021 includes the provision of ‘customer centric service in Libraries’ as a key strategy. Two actions are identified to enhance service delivery 'including ongoing review of customer service’ and ‘expanding training for staff’.

Council’s Draft Community Facilities Strategy 2019 - 2029 identifies a number of actions over the next ten years to expand Council’s network of staffed community centres and hubs.

Council has recently reviewed and invited public comment on the Draft Access and Equity Policy. This policy recognises the diverse needs of our community and outlines Council’s commitment to providing equitable access to services delivered by Council. The policy states that “Due consideration will be given to the costs and benefits of implementing access and equity considerations”.

Risk Implications

There are a number of risks associated with further expansion of administrative services beyond what is currently offered. These include:

· The need for additional staff, equipment and technology which are not currently funded in Council’s approved Operational Plan budget for 2019/20;

· Difficulty training the large volume of staff to an adequate level to be able to provide expanded customer service functions in addition to core library/facility activities;

· Reputational risks to Council including the risk to customer service levels and not having access to ‘expert’ advice on site at libraries and community centres; and

· Safety and security issues related to cash handling and secure money collection to be added for each location.

Financial Implications

Further expansion of administrative services beyond what is currently offered at Council’s libraries and community centres would require additional staff, training, resources and equipment. These are not currently funded in Council’s approved Operational Plan budget for 2019/20.

CONCLUSION

Council currently provides a range of on-site, face to face customer service functions from thirteen locations distributed across the Cumberland LGA. Through Council’s library network, this includes extended, out-of-business hours’ access to Council, up to 7 days a week.

Council has identified ways to expand the delivery of the ‘one stop shop’ staffed community centre model at the new Granville Centre, which is due to open in 2020. Council is also planning for future facilities in Auburn South and Wentworthville, which will also improve Council’s presence and access to key administrative services in these locations. The Allan G Ezzy Community Centre at Pemulwuy also offers potential as a site for future establishment as a staffed community centre, subject to available funding in future year budgets.

Attachments

1. Current Locations of Libraries, Staffed Community Centres and Service Centres ⇩

2. Comparative analysis of administrative services available by facility type and location ⇩

Council Meeting

18 September 2019

Item No: C09/19-218

Early Consultation for 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

This report outlines the key areas of feedback from the community during the early consultation (pre-Gateway) on the new Cumberland Local Environmental Plan (LEP), and the proposed approach for a range of site specific zoning change requests received.

It is recommended that minor zoning changes for government-owned sites and selected private landholdings are endorsed for inclusion in the Cumberland LEP.

The report also outlines the approach for further consideration of other site specific zoning change requests.

Recommendation

That Council:

1. Note the outcomes of the early consultation for the new Cumberland Local Environmental Plan.

2. Endorse the proposed minor zoning changes to be included in the planning proposal for the new Cumberland Local Environmental Plan, as provided in Attachment 1.

3. Note that other site specific requests for zoning changes will be considered either as part of Council’s future work plan or further reviewed by Council if a future applicant initiated planning proposal is received.

Report

Background

Cumberland Council is currently operating under three separate Local Environmental Plans, which represent the planning controls for the Cumberland local area prior to amalgamation. These include:

i. Auburn Local Environmental Plan (ALEP) 2010, which applies to land in the former Auburn City Council area (eastern part of Cumberland)

ii. Parramatta Local Environmental Plan (PLEP) 2011, which applies to land in the former Parramatta City Council area (central part of Cumberland)

iii. Holroyd Local Environmental Plan (HLEP) 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 LEPs to make sure they align with the relevant District Plan and Greater Sydney Region Plan. Cumberland has been identified as a priority council by the Greater Sydney Commission meaning it must complete the LEP review within two years (by 30 June 2020). Council is taking the opportunity presented by the LEP review process to harmonise the provisions of the three legacy LEPs operating across the LGA into a single set of planning controls under a consolidated Cumberland LEP.

Early consultation on the new Cumberland LEP

Early consultation on the new Cumberland LEP occurred throughout July and August 2019. An extensive communication and engagement program was undertaken in conjunction with the public exhibition of the draft Cumberland 2030: Our Local Strategic Planning Statement (LSPS) to ensure Council received feedback from a broad range of stakeholders and the community.

A total of 181 submissions were received across 15 broad themes, as follows:

· Affordable housing and affordable rental housing

· Active transport (e.g. walking, cycling, healthy built environment, multimodal)

· Centres and corridors (e.g. strategic centre, planned precincts, principal local centres, local centres, Woodville Road Corridor and Parramatta Road Corridor)

· Community and social infrastructure (e.g. libraries, health, education, community facilities and liveability)

· Density (e.g. floor space ratios, height, bulk and lot size)

· Environment and open space (e.g. urban heat islands, urban cooling, tree canopy, climate change and biodiversity)

· Heritage and culture

· Housing

· Local character (e.g. over-development, crowding/social issues/ retention of character, built form and urban design)

· Local jobs and businesses (including industrial areas and economic activity)

· Parking

· Traffic congestion

· Transport infrastructure (including roads and public transport)

· Utility infrastructure and services (e.g. services provided by councils, water, waste and energy)

· Zoning/land uses (including comments on specific land uses, such as boarding houses, place of public worship and residential flat buildings)

Site Specific Requests

A number of site specific requests for zoning changes have been received during the preparation of the new Cumberland LEP, including submissions during the early consultation period. These submissions have been considered on their merit and categorised into one of four streams, as outlined in Table 1 and further detailed in Attachment 2.

Categories on site specific requests for zoning changes	No. of sites	Locations
Stream 1: include in new Cumberland LEP	22	Various sites across Cumberland
Stream 2: consider in Council’s future work program of planning reviews for strategic corridors and centres	34	Strategic corridors and centres identified in Cumberland 2030: Our Local Strategic Planning Statement
Stream 3: further review of future planning proposal if submitted to Council as an owner initiated planning proposal	23	Various sites across Cumberland
Stream 4: no further action at this time	6	Various sites across Cumberland
	85

Table 1: Categorisation of site specific requests for zoning changes

It is recommended that the site specific requests for zoning changes in Stream 1 are endorsed for inclusion in the Cumberland LEP (Attachment 1). These requests are for minor zoning changes for government-owned sites (18 sites) and one minor zoning change for a private landholding. It is noted that submissions for three sites are consistent with previous resolutions by Council for inclusion in the new Cumberland LEP.

Many of the site specific requests for zoning changes are complex, and require additional time and effort by Council officers to review and consider. It is proposed:

· The requests identified in Stream 2 are considered as part of Council’s work plan in 2020/21 and 2021/22 following the completion of the new Cumberland LEP. Applicants on these sites may also choose to progress through a planning proposal request ahead of this timeframe; and

· The requests identified in Stream 3 can be further reviewed by Council as part of an applicant initiated planning proposal. The timing of any such proposal would be dependent on the intention of the applicant in regard to their site specific request for zoning changes.

Next Steps

Subject to endorsement, the proposed minor site specific zoning changes 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 was early consultation on the new LEP, which recently concluded at the end of 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 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 planning proposal will assist Council in meeting this milestone.

Financial Implications

Work undertaken on the Cumberland 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 the outcomes of early consultation on the new Cumberland LEP, and site specific requests for zoning changes received during the preparation of the Cumberland LEP. It is recommended that minor site specific zoning changes are endorsed. This information will be included in the planning proposal being prepared for the new LEP.

Attachments

1. Reccomended site specific requests for minor zoning change ⇩

2. Site specific requests for zoning changes received ⇩

Council Meeting

18 September 2019

Item No: C09/19-219

Planning Proposal for 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

This planning proposal seeks to harmonise the three existing Local Environmental Plans (LEPs) in operation across Cumberland with the aim of creating a consolidated and clear planning framework under a single Cumberland LEP.

Early consultation (pre-Gateway) on proposed planning controls for the new Cumberland LEP has been sought, and a range of submissions received.

The planning proposal for the new Cumberland LEP is required to be submitted to the Department of Planning, Industry and Environment for a Gateway Determination by the end of September 2019, in accordance with funding and delivery commitments between Council and the Department.

It is recommended that the planning proposal be forwarded to the Department of Planning, Industry and Environment for a Gateway Determination. Following the receipt of a Gateway Determination, further consultation will be undertaken with the community, as well as consideration of the planning proposal by the Cumberland Local Planning Panel. The planning proposal will then be considered by Council prior to finalisation and gazettal.

Recommendation

That Council:

1. Endorse that the planning proposal for the new Cumberland Local Environmental Plan, as provided in Attachment 1, be forwarded to the Department of Planning, Industry and Environment for a Gateway Determination.

2. Delegate to the General Manager the authorisation to make minor revisions to the planning proposal and supporting documentation, as necessary, following Council’s deliberations, to ensure the desired objectives and intended outcomes can be achieved.

3. Consult with the community and the Cumberland Local Planning Panel on the planning proposal for the new Cumberland Local Environmental Plan, following Gateway Determination by the Department of Planning, Industry and Environment.

4. Consider the planning proposal for the new Cumberland Local Environmental Plan, prior to finalisation and gazettal by the Department of Planning, Industry and Environment.

Report

Background

Cumberland Council is currently operating under three separate Local Environmental Plans, which represent the planning controls for the Cumberland local area prior to amalgamation. These include:

i. Auburn Local Environmental Plan (ALEP) 2010, which applies to land in the former Auburn City Council area (eastern part of Cumberland)

ii. Parramatta Local Environmental Plan (PLEP) 2011, which applies to land in the former Parramatta City Council area (central part of Cumberland)

iii. Holroyd Local Environmental Plan (HLEP) 2013, which applies to land in the former Holroyd City Council area (western part of Cumberland).

A single Cumberland LEP will simplify the planning process by reducing the number of planning instruments applicable to land in the Cumberland LGA, removing duplication of planning controls and aligning, where possible, the land uses and controls within the current instruments.

Cumberland LEP

Planning Proposal

The planning proposal describes how Council intends to harmonise the planning controls of the existing Auburn, Parramatta and Holroyd LEPs into a single set of planning controls for Cumberland. It has been prepared in accordance with the relevant Department of Planning, Industry and Environment’s guidelines for preparing planning proposals and LEPs, and includes the following:

Part 1 – A statement of the objectives and intended outcomes of the proposed Cumberland LEP

Part 2 – An explanation of the provisions that are to be included in the proposed Cumberland LEP

Part 3 – The justification for those objectives, outcomes and the process for their implementation

Part 4 – Maps, where relevant, to identify the intent of the planning proposal and the area to which it applies

Part 5 – Details of the community consultation that is to be undertaken on the planning proposal

Part 6 – A project timeline to detail the anticipated timeframe for the plan making process

In addition to proposing a single LEP for all land in the Cumberland LGA, the planning proposal seeks to implement a range of other strategic planning work that has been substantially progressed as separate and individual projects, including:

· Strategic planning for the Parramatta Road Corridor as part of the Parramatta Road Urban Transformation Strategy of the NSW Government.

· Strategic planning for the Woodville Road Corridor, a key strategic corridor identified in Cumberland 2030: Our Local Strategic Planning Statement.

· Auburn and Lidcombe Town Centre planning controls, which originated from the draft Auburn and Lidcombe Town Centres Strategy and as recently resolved by Council.

The planning proposal also seeks to clarify the land use permissibility of government owned land, and address selected site specific anomalies on privately owned sites, through appropriate minor zoning and/or planning control changes in various locations across Cumberland.

Council resolutions

Council has previously considered and endorsed much of the detail of the planning proposal for the new Cumberland LEP through various reports that have dealt with particular issues and planning controls. The planning proposal has been prepared in accordance with these Council resolutions, as outlined in Table 1.

Date	Item No.	Report	Resolution
4 September 2019	C09/19-189	Lidcombe Town Centre planning controls summary	Council endorsed proposed planning controls to be included in the new Cumberland LEP
4 September 2019	C09/19-191	Proposed planning controls for selected land uses and Part 6 of the new Cumberland LEP	Council endorsed proposed planning controls to be included in the new Cumberland LEP
4 September 2019	C09/19-192	Proposed planning controls for the land use table for Residential, Business, and Industrial zones of the new Cumberland LEP	Council endorsed the proposed land use tables and carry over of LZN mapping to be included in the new Cumberland LEP
4 September 2019	C09/19-193	Proposed planning controls for Schedule 5 of the new Cumberland LEP	Council endorsed proposed heritage planning controls to be included in the new Cumberland LEP
21 August 2019	C08/19-176	Auburn Town Centre – Planning Controls strategy	Council endorsed proposed planning controls for the town centre, to be included in the new Cumberland LEP
7 August 2019	C08/19-163	Proposed planning controls for Parts 2, 4, and 5, Schedules 1 and 4, and Dictionary, of the new Cumberland LEP	Council endorsed proposed planning controls to be included in the new Cumberland LEP
7 August 2019	C08/19-164	Proposed planning controls for the land use table on Special Purpose, Recreation , Environmental Protection, and Waterway, zones of the new Cumberland LEP	Council endorsed the proposed land use tables and carry over of LZN mapping to be included in the new Cumberland LEP
17 July 2019	C07/19-152	Proposed planning controls for Parts 1, 2, and 3, and Schedules 2, 3, and 6, of the new Cumberland LEP.	Council endorsed the proposed planning controls to be included in the new Cumberland LEP
17 July 2019	C07/19-151	Preparation of Planning Proposal for new Cumberland LEP	Council noted the approach and key milestones for the preparation of the planning proposal for the new Cumberland LEP
3 July 2019	C07/19-131	Planning approach for Woodville Road Corridor	Council endorsed the land use planning approach for the Woodville Road corridor and that Stage 2 initiatives be included in the new Cumberland LEP
3 July 2019	C07/19-132	Planning approach for Parramatta Road Corridor	Council endorsed the land use planning approach for the Parramatta Road corridor and that Stage 2 initiatives be included in the new Cumberland LEP
19 June 2019	C06/19-111	Draft Cumberland 2030 our Local Strategic Planning Statement	Council resolved to place the draft Statement on public exhibition
5 June 2019	C06/19-103	Planning Proposal – Minimum Lot Area for Low and Medium Dual Occupancy Housing	Council endorsed minimum lot size planning controls for dual occupancy development for inclusion in the new Cumberland LEP
1 May 2019	C05/19-75	Cumberland Employment and Innovation Lands Strategy	Council adopted the strategy to inform a review of relevant planning controls as part of the new Cumberland LEP
20 February 2019	C02/29-15	Request for revised gateway determination – Planning Proposal for 264 Woodville Road Merrylands (also referred to as the Merrylands East Neighbourhood Centre)	Council resolved to pursue B2 Local Centre and RE1 Public Recreation Zones for the new Cumberland LEP
5 September 2018	C09/18-169	Cumberland Strategic Planning Work Program 2018-2021	Council adopted the strategic planning work program, including key milestones for the preparation of the new Cumberland LEP
18 July 2018	C07/18-138	Accelerated Cumberland LEP Funding offer	Council accepted the Minister for Planning’s funding offer for the preparation of the Cumberland LEP

In addition, resolutions considered at the Council meeting of 18 September 2019 related to the new Cumberland LEP will also be included in the planning proposal. These resolutions are separate to the reports and resolutions identified in Table 1.

Next Steps

Subject to endorsement, the planning proposal will be forwarded to the Department of Planning, Industry and Environment seeking a Gateway Determination. This is required to be undertaken by the end of September 2019.

Following the receipt of a Gateway Determination, further consultation will be undertaken with the community, as well as consideration of the planning proposal by the Cumberland Local Planning Panel. The planning proposal will then be considered by Council prior to finalisation and gazettal.

Community Engagement

Policy Implications

Risk Implications

Financial Implications

CONCLUSION

The preparation of a new Cumberland Local Environmental Plan (LEP) is underway. This report recommends that Council endorse the planning proposal for the new Cumberland LEP to be forwarded to the Department of Planning, Industry and Environment for a Gateway Determination.

Attachments

1. Planning Proposal – Draft Cumberland Local Environmental Plan (September 2019) ⇩

Council Meeting

18 September 2019

Council Meeting

18 September 2019

Item No: C09/19-220

Local Infrastructure Contribution Planning Activities for the Cumberland Area

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: HC-12-14-5

Community Strategic Plan Goal: A resilient built environment

Summary

Local infrastructure contribution plans are covered under Part 7 (formerly Section 94) of the Environmental Planning and Assessment Act, and provide a framework for the identification and collection of funds that contribute to the cost of growth infrastructure within a local area.

This report outlines a range of activities related to contribution plans in the Cumberland area, including an update to the Council report on this topic in July 2017, audit and acquittal of existing contribution plans, reservation of collected funds for identified projects and preparation of a draft local infrastructure contributions plan for the Cumberland area.

The report recommends that Council endorse the list of projects where existing contribution funds can be reserved, as this will provide greater certainty on available funding for the planning and delivery of these growth initiatives. The report also recommends that Council endorse the draft Cumberland Local Infrastructure Contributions Plan to be placed on public exhibition, and that a further report be provided to Council.

Recommendation

That Council:

1. Note the audit and acquittal reporting for the current local infrastructure contribution plans that apply in the Cumberland area.

2. Endorse the allocation of existing contribution plan funds for projects identified in Attachment 1, as a future funding reservation for local infrastructure identified in Council’s Capital Works Program.

3. Endorse the public exhibition of the draft Cumberland Local Infrastructure Contributions Plan, as provided in Attachment 2, for a period of 28 days, with a further report to be provided to Council.

Report

Context

There are a number of local infrastructure contribution plans that are currently in operation within the Cumberland area. These include:

· Holroyd Section 94 Development Contributions Plan 2013

· Pemulwuy Contributions Plan 2015

· Auburn Development Contributions Plan 2007 (Amendment 1)

· Parramatta Section 94A Development Contributions Plan (Amendment No. 5)

· Neil Street Precinct – Schedule 2, Ministerial Direction 2012

This report provides an update on previous resolutions of Council regarding local infrastructure contributions, audit and acquittal of contribution plans, the proposed allocation of contribution funds already collected to support local infrastructure works, and the proposed new Cumberland Local Infrastructure Contributions Plan.

Report to Council in July 2017

The Section 94 contributions plan progress update was presented to Council on 5 July 2017 (Attachment 4). At this meeting, Council resolved a number of items. The status of these items are provided in Table 1.

Resolution	Status
1. Separate S94 contribution funds across Cumberland into separate accounts based on plan, as well as location and/or contribution type, to enable management of internal borrowings	Separate accounts have been established and are in use in accordance with the resolution
2. Establish a plan and timing for repaying the internal borrowings between section 94 accounts	The recoupment of costs associated with internal borrowings is identified in the draft Cumberland Local Infrastructure Contributions Plan
3. Review assumptions, land and work costs, works programs and staging plans for infrastructure projects for the Merrylands Centre as part of the new S94 Contributions Plan for Cumberland, to minimise funding risk for Council	Review undertaken and used to inform the draft Cumberland Local Infrastructure Contributions Plan
4. Put a hold on any further S94 contributions expenditure towards the Merrylands City (Public) Car Park until the borrowed funds have been repaid	Actions are being undertaken in accordance with the resolution
5. Put a hold on any further S94 contributions expenditure from the Holroyd S94 Contributions Plan 2013 in the Merrylands Centre (General and Central Drainage Precincts), with the exception of the programmed stormwater works and public domain improvement works that have been incorporated into the 2017-2020 budgets, until a new S94 plan with updated costings, works program and staging has been finalised	Undertaken, with revised scope of works identified in the draft Cumberland Local Infrastructure Contributions Plan
6. Continue with the development of a new Section 94 Contributions Plan for Cumberland to increase development contributions toward the local infrastructure costs associated with development in the former Auburn and Parramatta LGA areas	Draft Cumberland Local Infrastructure Contributions Plan prepared for consideration by Council

Table 1: Status of Items following Council Resolution in July 2017

Audit and Acquittal of Contribution Plans

An audit and acquittal of contribution plans currently operating in the Cumberland area has been undertaken (Attachment 3).

The audit of the identified contribution plans includes information on current contribution plan reserves, as well as income and expenditure by contribution plan. The income and expenditure information outlined in this report includes internal journal adjustments, interest and repayments. It should be noted that due to the forensic auditing undertaken of the contribution plans, the final balances may differ from previous reports to Council.

The acquittal includes information on a number of projects that were funded from the various contribution plans during the 2018-19 financial year. It should be noted that there may be further funding for some of these projects in the 2019-20 financial year, as rolling or staged projects.

Recommendations for Future Project Reserve

Based on the available funding reserves minus the expenditure to date, a list of recommended capital works for funds to be reserved is provided in Attachment 1 for Council endorsement. The recommendations are designed to ensure that there is a commitment to the allocation of the funding reserve, which is consistent with identified expenditure in the plan and meets Council’s legal obligation to expend the revenue against projects identified or a similar infrastructure nexus that meets residential growth.

The priority of the recommendation for capital works and allocation of reserves for project delivery was identified by:

· Providing continuity of growth infrastructure that is of a public benefit

· A scope of works that reflects project priorities from strategic plans and Council resolutions

· Ensuring Council is open, transparent and acts with probity in its administration and operation of financial plans

Cumberland Local Infrastructure Contributions Plan

A draft Cumberland Local Infrastructure Contributions Plan (Attachment 2) has been prepared for consideration by Council. The plan allows for the collection of funds as a contribution to the provision of local infrastructure that supports future population growth in the Cumberland area.

A balanced approach has been used in developing the draft plan, with consideration of growth strategies, Council’s capital works program and budget capacity. Using this approach, a schedule of works for growth infrastructure has been prepared and includes:

· Open space and recreation land and works, including playing fields, playgrounds, landscaping and equipment

· Community facilities works, including library floor space, childcare services and community centre floor space

· Roads and transport works in and around centres, including traffic control and Local Area Traffic Management facilities, roundabouts, new local roads and cycleways

· Public domain improvements in and around centres to support economic regeneration, including streetscape works, landscaping and street furniture

The costs of administering this plan will also be met by contributions that are collected under this plan.

A summary of the costs of local infrastructure to be met by development under the draft plan is outlined in Table 2. The difference between the total costs of works and cost from development will be covered through other funding sources over the life of the plan.

Table 2: Summary of infrastructure costs in local infrastructure contributions plan

The cost of the growth component associated with the schedule of works has informed the contribution rate to be applied. This is based on a rate that applies to residential and mixed use development (known as a Section 7.11 rate) or a levy that applies to mixed and non-residential development (known as a Section 7.12 levy). The proposed Section 7.11 rate is outlined in Table 3 and the proposed Section 7.12 levy is outlined in Table 4.

Dwelling type	Rate	Development Type
Per person / per bedroom	$6,077	Boarding houses, hostels
Per secondary dwelling* or senior independent living	$9,116	*Owner occupied granny flats, independent senior living units
Per studio or 1 bedroom dwelling	$9,723	All remaining residential development
Per 2 bedroom dwelling	$15,679	All remaining residential development
Per 3 bedroom dwelling	$20,000 (capped)	All remaining residential development

* Owner occupied development application for second dwelling

Table 3: Proposed section 7.11 contribution rate to be applied

Construction cost	Rate	Application to Development Type
Up to and including $100,000	Nil	Does not include residential development
$100,001 - $199,999	0.5%	Confirmed and approved by Council
$200,000 plus	1%	Confirmed and approved by Council

Table 4: Proposed section 7.12 levy to be applied

A comparison of the proposed Section 7.11 contribution rate with other Councils in metropolitan Sydney has been undertaken. The comparison indicates that the proposed Section 7.11 contribution rate for Cumberland is similar to other area, with many of these areas also experiencing population growth and urban development activity. It is noted that some Councils, such as Parramatta and Liverpool, apply a Section 7.12 levy on all development types, making it difficult to make an equivalent comparison.

Contributions plan	2 bedroom rate*	3 bedroom rate*
Strathfield Contributions Plan 2010	$16,202 - $20,000	$18,509 - $20,000
Campbelltown Contributions Plan 2018	$12,946	$20,000
Former Hurstville Contributions Plan (Amendment 2) 2017 (now part of Georges River)	$13,558	$20,000
Sutherland Contributions Plan 2016	Per dwelling $19,372 - $19,948
Canada Bay Contributions Plan 2017	$15,132	$20,000
Former Canterbury Contributions Plan 2013 (now part of Canterbury-Bankstown)	$14,549	$20,000
City of Parramatta S94 Contribution Plan (Former Hornsby LGA land and Epping Town Centre) 2017	$15,227 - $20,000	$19,578 - $20,000

* = Rates are from date of plan, with indexation not included in rate. This means that the current rate may be higher than shown in the table

Table 5: Comparison of Section 7.11 contribution rates

The draft document also outlines administrative arrangements associated with the Cumberland Local Infrastructure Contributions Plan. This includes the application of the contributions plan, payment processes and procedures in using the contributions plan.

Next Steps

Recommendations for Future Project Reserve

Should Council endorse the reservation of funding from existing contribution funds to identified local infrastructure projects, this will be identified in the reserve for the contributions plan. The expenditure of identified projects will be separately reported at the appropriate time.

Draft Cumberland Local Infrastructure Contributions Plan

Should Council endorse the public exhibition of the draft Cumberland Local Infrastructure Contributions Plan for a period of 28 days, the draft plan will be made available to community for comment. On the conclusion of the exhibition period Council will receive a further report on the submission and any changes to the exhibited draft plan, before seeking adoption.

Should the draft contributions plan be adopted by Council at a later date, the existing contribution plans for Holroyd, Auburn and Woodville Ward will no longer apply to land within the Cumberland LGA. These Plans are unable to be repealed due to the operation of these plans under Parramatta Council. The site specific contribution plan for Pemulwuy and the Ministerial Direction for the Neil Street precinct in Merrylands will continue to operate within the Cumberland Local Infrastructure Contributions Plan.

Community Engagement

Subject to Council endorsement, the draft Cumberland Local Infrastructure Contributions Plan will be placed on public exhibition for a period of 28 days. A report on the submissions received and any amendment to the draft plan will then be presented for consideration by Council.

Council will also inform the City of Parramatta Council on the current progress of the draft and existing contribution plans.

Policy Implications

The activities outlined in this report are consistent with requirements under Part 7 of the Environmental Planning and Assessment Act and associated Regulations.

Risk Implications

The activities outlined in this report are designed to minimise risks to Council by ensuring that legislative requirements are met and that an up-to-date contributions framework is in operation for the Cumberland area.

Financial Implications

Financial implications are outlined in the main body of this report.

CONCLUSION

This report outlines a range of activities related to contribution plans in the Cumberland area. It recommends the reservation of collected funds for identified projects and public exhibition of a draft local infrastructure contributions plan for the Cumberland area.

Attachments

1. Priority Scope of Works for funding reservation from collected development contributions ⇩

2. Draft Cumberland Local Infrastructure Contributions Plan ⇩

3. Report on the Operation of Current Local Infrastructure Contribution Plans for the Cumberland Area ⇩

4. Council Report on Section 94 Contributions (July 2017) ⇩

Council Meeting

18 September 2019

Item No: C09/19-221

Adoption of Verge Mowing Policy

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: SC475

Community Strategic Plan Goal: A great place to live

Summary

This report recommends the adoption of the Draft Verge Mowing Policy following a period of public exhibition.

Recommendation

That Council adopt the Draft Verge Mowing Policy as outlined in Attachment 1 of this report.

Report

Council has considered several reports on the provision of verge mowing services, at its Ordinary Meetings on 1 May 2019 (C05/19-76) and 3 July 2019 (C05/19-135). These reports provided Council with information on the arrangements that had continued post amalgamation and options available to Council in respect to the ongoing provision of the service.

At the Ordinary Meeting of Council held on 3 July 2019, Council resolved to place the Draft Verge Mowing Policy on public exhibition for a period of 28 days for public comment, with a report provided back to Council following the public exhibition period.

Council has received two (2) submissions on the proposed Policy. Although one submission was received prior to the formal exhibition period, it has been included in the consideration of submissions.

It is recommended that the revised Verge Mowing Policy be adopted by Council. A copy of the Policy is attached in Attachment 1. To support the implementation of the Verge Mowing Policy, a Nature Strip and Verge Mowing Guideline has also been developed. A copy of the Guideline is attached to this report in Attachment 2.

Community Engagement

The Draft Verge Mowing Policy was placed on public exhibition on Monday 22 July 2019 for a period of 28 days. The public exhibition process included:

· Information on Council’s ‘Have Your Say’ engagement portal which received a total of 101 page visits and 65 downloads during the period.

· Information on Council’s website including Frequently Asked Questions (FAQ) information. The website received a total of 219 visits.

· Copies of the Policy were made available at all Council Libraries, staffed community centres and administration centres.

All submissions received were considered and minor amendments have been made to the Policy, as outlined in the submission response table. A copy is attached to this report in Attachment 3.

In addition to the above, Council is continuing to undertake a comprehensive communication and engagement program, in relation to changes in verge mowing which involves the following stages:

Phase 1 - Inform (June – September 2019)

Objective: To notify affected residents about the changes to verge mowing including pensioner and hardship assistance.

Channels	Tools
Local Media	Media release
Letterbox drop	Flyer
Direct mail	Rates notice insert
Website	Website page with FAQs
Advertisement	Auburn Review advertisement

Phase 2 - Educate (September – November 2019)

Objective: To continue to inform and educate the community about what a verge is, how to maintain or alternate uses such as verge gardens.

Channels	Tools
Letterbox drop	Flyer with translations
Website	Updated FAQs
Letterbox drop	Flyer and fact sheet with translations
Video	Social media channels and website

Phase 3 - Promoting Community Pride (November 2019 – January 2020)

Objective: To promote community pride as well as promoting hardship services and addressing non-compliance issues.

Channels	Tools
Australia Day Awards	Integrate a Community Pride Award as part of the Australia Day Awards program.
Video	Social media and online platforms.

Policy Implications

The adoption of the recommendation contained within this report will represent a new policy position for Council. In accordance with the Council resolution from 3 May 2019 meeting, a report will be brought back to Council after 12 months.

Risk Implications

Should Council not adopt the report recommendations then the implementation of the previous resolution of Council (Min. 531) will be affected. Should Council choose to reconsider its policy position on this matter and either revert to the former arrangements or provide the entire LGA with a matching previous level of service, then additional budget will be required. To fund this, Council would be required to identify alternative funding sources which at present do not exist or investigate reducing or ceasing existing services and programs that are currently being provided to the community.

Financial Implications

A tender process has been completed to provide the verge mowing service in accordance with the requirements outlined in the Verge Mowing Policy which is included in this Business Paper for Council’s consideration.

CONCLUSION

Council has publicly exhibited the Draft Verge Mowing Policy, and received two submissions. It is recommended that the Verge Mowing Policy be adopted by Council.

Attachments

1. Verge Mowing Policy ⇩

2. Nature Strip and Verge Mowing Guideline ⇩

3. Verge Mowing Submission Response Table ⇩

Council Meeting

18 September 2019

Item No: C09/19-222

Approval of Heavy Vehicle Access to Cumberland Council Roads

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: T-28-22

Community Strategic Plan Goal: A safe accessible community

Summary

Council has received a request from Linfox Transport Group through the National Heavy Vehicle Regulator, for the approval of heavy vehicle access under Quad Mass Limits (higher mass limits) onto selected Council roads. This request has been considered by Council’s Engineering Section where a twelve (12) month trial could be performed, subject to a range of reports being produced by the applicant to Council’s satisfaction. In discussions with the applicant, it has been confirmed that the proposal is not expected to increase the amount of traffic on identified roads, rather it would be to allow vehicles of a heavier mass to access local industrial areas.

Recommendation

That Council:

1. Permit a trial period of twelve (12) months, for heavy vehicles under Higher Mass Limits (including Quad Axle vehicles) to access Council roads, subject to a satisfactory assessment of pavement conditions and appropriate dilapidation reports being undertaken by the applicant and submitted to Council’s satisfaction. Permissible access to Council’s roads would relate to the following road sections:

a. Amy Street (between Joseph Street and the Railway Overbridge)

b. Rawson Road (between Woodville Road and Clyde Street)

c. Clyde Street (between Rawson Road and Wellington Road)

d. Wellington Road (between Clyde Street and Park Road)

e. Chisholm Road (between Wellington Road and Princess Road East)

f. Princess Road East (between Chisholm Road and Commercial Drive)

2. Permit Higher Mass Limit access across the Amy Street Railway Overbridge during the trial period, subject to a satisfactory bridge assessment being undertaken by the applicant to Council’s satisfaction.

3. Reject access for heavy vehicles under Higher Mass Limits including Quad Axle vehicles on the following road sections:

a. Rawson Street, Auburn (between Highgate Street and South Parade)

b. South Parade (between Rawson Street and Park Road)

c. Park Road (between South Parade and Commercial Drive)

Report

Background

Prior to Council amalgamation, the former Councils had the following approval processes to allow vehicles of this nature onto the road network:

Former Auburn City Council Process

The former Auburn City Council considered a report on “Heavy Vehicle National Law and Approval for Heavy Vehicle Access on to Auburn City Council Roads” at its meeting held on 15 October 2014 and resolved:

“1.That Council delegate authority to the General Manager, after he receives a determination from Council, to approve heavy vehicle access requests from the National Heavy Vehicle Regulator based on individual road sections.

2.That Council review higher mass limit sections over a period of 12 months with respect to accelerated pavement damage due to extra loads and consider whether to revoke consent to the use.”

Following the above resolution, a total of seven (7) reports were presented to subsequent Council meetings held on 17 December 2014, 15 April 2015, 20 May 2015, 15 July 2015, 7 October 2015, 17 February 2016 and 20 April 2016, with names of roads in relation to requests from the National Heavy Vehicle Regulator (NHVR) for heavy vehicle access.

The outcome from these reports is that Council approved access for heavy vehicles under Higher Mass Limits (HML), onto the following selected Council roads:

Auburn:

· Adderley Street West

· Duck Street (from Parramatta Road to cul-de-sac end)

· Junction Street (from Parramatta Road to Short Street)

· Junction Street

· Highgate Street (west of Rawson Street)

· Rawson Street (from Parramatta Road to Highgate Street)

· Short Street (west of Junction Street)

· Skarratt Street South

· Park Road (between Vaughan Street and Helena Street)

· Hall Street (east of St Hillier’s Road)

· Percy Street (north of Boorea Street)

· Stubbs Street

Lidcombe:

· Birnie Avenue

· Hill Road (from Parramatta Road to M4 ramp)

· Nyrang Street

· Vaughan Street (between Olympic Drive and Park Road)

Regents Park:

· Park Road (from Sydney Water Pipelines to Commercial Drive)

Only the approvals listed above, were granted within the current Cumberland LGA.

Former Holroyd City Council Process

The former Holroyd City Council did not approve any local road access under the HML.

Former Parramatta City Council Practice in the Woodville Ward

The former Parramatta City Council did not approve any local road access within the Woodville Ward area under the HML, as there were no requests received prior to the merger process.

Higher Mass Limit (HML) approvals were previously granted on the basis of former Auburn City Council selected roads only.

Cumberland Council has now received new requests from Linfox Transport Group through the National Heavy Vehicle Regulator, for approval of Quad Axle vehicles at “Quad Axle Mass Limits (QML)” to access identified road sections throughout the LGA:

The following table details those routes, subject to the current request:

#	Route details	Comments
1	1. Nyrang Street, Lidcombe 2. From Joseph Street (State Road) – Amy Street – Railway Overbridge – Park Road – Commercial Drive (private road)	1. Nyrang Street is currently approved for HML access. 2. Access across the Amy Street railway overbridge will require a bridge assessment. All other streets will require pavement assessment.
2	1. Nyrang Street, Lidcombe 2. From Woodville Road (State Road) – Rawson Road, Guildford – Clyde Street – Wellington Road – Chisholm Road – Princess Road East – Commercial Drive (private road)	1. Nyrang Street is currently approved for HML access. 2. All other streets will require pavement assessment.
3	1. Commercial Drive (private road) – Park Road – South Parade – Rawson Street – Parramatta Road (State Road)	Right Turn from South Parade to the bridge is not permitted. Alternate route to be provided for assessment.
4	1. Nyrang Street, Lidcombe 2. From Woodville Road (State Road) – Rawson Road, Guildford – Clyde Street – Wellington Road – Park Road – Commercial Drive (private road)	1. Nyrang Street is currently approved for HML access. 2. All other streets will require pavement assessment.
5	1. Percy Street – Hall Street east of St Hilliers Road – St Hilliers Road (State Road) 2. From Joseph Street (State Road) – Amy Street – Railway Overbridge – Park Road – Commercial Drive (private road)	1. Percy Street & Hall Street east of St Hilliers Road are currently approved for HML access. 2. Access across the Amy Street railway overbridge will require a bridge assessment. All other streets will require pavement assessment.

The following maps indicate existing heavy vehicle roads and the new road sections requested for access, within the Cumberland Local Government Area. For clarity, the new road sections proposed are:

1. Rawson Street, Auburn (between Parramatta Road and South Parade)

2. South Parade (between Rawson Street and Park Road)

3. Park Road (between South Parade and Amy Street Bridge - Railway Overbridge)

4. Amy Street (between Joseph Street and the Railway Overbridge)

5. Amy Street Railway Overbridge

6. Rawson Road (between Woodville Road and Clyde Street)

7. Clyde Street (between Rawson Road and Wellington Road)

8. Wellington Road (between Clyde Street and Park Road)

9. Chisholm Road (between Wellington Road and Princess Road East)

10. Princess Road East (between Chisholm Road and Commercial Drive)

Information on Quad Axle Semitrailers

Mass Limits for Semi-Trailers

A common 6-axle 19 metre semitrailer can carry up to 42.5t under General Mass Limits and 45.5t under HML conditions. A Quad Axle vehicle designed under the “Performance Based Standards” (PBS), have 7 axles and can carry up to 43.0t under GML and 50.5t under HML. The operational characteristics of a PBS designed semitrailer are better than a common semitrailer.

A typical Quad Axle vehicle is shown below:

SnipImage

The access applications currently before Council for consideration, request approval for access at ‘Higher Mass Limits’ of 50.5 t.

Assessment Requirements

Requests for HML applications have previously been assessed by Council’s Engineering Section, taking into consideration the respective road pavement conditions. In this regard, should Council consider the current requests favourably then all new roads identified that would require approval to carry the higher mass, will need pavement assessments to be carried out. In addition, the existing bridge in Amy Street over the railway corridor, will need to be assessed to determine its capability to carry the extra load.

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

Council’s Engineering section have considered a current request in relation to allowing HML access to additional local roads and suggest that a 12 month trial be granted on the basis of satisfactory dilapidation reports being presented to Council, relating to existing pavement conditions and demonstrating the suitability of the roads to carry the level of loads expected. A future comparison of the pavement conditions (at the conclusion of the 12 month trial) could then be assessed, prior to consideration of continued use by the Quad Axle vehicles.

Attachments

Nil

Granville Ward
Clr Steve Christou	0419 651 187	Steve.Christou@cumberland.nsw.gov.au
Clr Ola Hamed	0405 070 007	Ola.Hamed@cumberland.nsw.gov.au
Clr Joseph Rahme	0418 995 471	Joseph.Rahme@cumberland.nsw.gov.au
Greystanes Ward
Clr Greg Cummings (Mayor)	0417 612 717	Greg.Cummings@cumberland.nsw.gov.au
Clr Eddy Sarkis	0418 306 918	Eddy.Sarkis@cumberland.nsw.gov.au
Vacant	-	-
Regents Park Ward
Clr Ned Attie	0419 583 254	Ned.Attie@cumberland.nsw.gov.au
Clr George Campbell	0409 233 315	George.Campbell@cumberland.nsw.gov.au
Clr Kun Huang	0418 911 774	Kun.Huang@cumberland.nsw.gov.au
South Granville Ward
Clr Glenn Elmore (Deputy Mayor)	0418 459 527	Glenn.Elmore@cumberland.nsw.gov.au
Clr Paul Garrard	0414 504 504	Paul.Garrard@cumberland.nsw.gov.au
Clr Tom Zreika	0449 008 888	Tom.Zreika@cumberland.nsw.gov.au
Wentworthville Ward
Clr Lisa Lake	0418 669 681	Lisa.Lake@cumberland.nsw.gov.au
Clr Suman Saha	0419 546 950	Suman.Saha@cumberland.nsw.gov.au
Clr Michael Zaiter	0418 432 797	Michael.Zaiter@cumberland.nsw.gov.au