Agenda of Council Meeting - 4 December 2019

Council Meeting

4 December 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

C12/19-296 Minutes of the Ordinary Meeting of Council - 20 November 2019.. 7

6 Mayoral Minutes

Nil

7 Public Forum / Presentation of Petitions

8 Items Resolved by Exception

9 Reports to Council

General Manager

C12/19-297 Code of Conduct - Statistical Report 1 September 2018 to 31 August 2019 23

Director People & Performance

Nil

Director Finance & Governance

C12/19-298 Laneway off Church Street, Lidcombe - Proposed Part Closure and Sale 25

Director Community Development

Nil

Director Environment & Planning

C12/19-299 Wentworthville Town Centre Planning Proposal and Development Control Plan 29

C12/19-300 Wentworthville Centre Public Domain Plan................................. 145

C12/19-301 Planning Proposal for 55-57 Station Street and 6 Pritchard Street East, Wentworthville................................................................................... 189

C12/19-302 Post-Exhibition Report – Planning Proposal for 100 Woodville Road, Granville 325

C12/19-303 Proposed Miscellaneous Planning Controls for Inclusion in the New Cumberland Development Control Plan....................................... 359

Director Works & Infrastructure

C12/19-304 Open Space Acquisition Review - 74, 76 and 78 John Street Lidcombe 383

C12/19-305 Response to Notice of Motion - Anchor Fees............................... 395

C12/19-306 Community Mulching Service......................................................... 401

C12/19-307 Draft Environmental Health Strategy............................................. 409

10 Reports of Council Committees

C12/19-308 Cumberland Traffic Committee - Minutes of Meeting held on 6 November 2019 447

C12/19-309 Audit, Risk and Improvement Committee - Minutes of Meetings Held 713

11 Motions Pursuant to Notice

C12/19-310 Notice of Motion - Clear-Way Zone on Greystanes Road between Butu Wargun Drive and the Great Western Highway.......................................... 715

C12/19-311 Notice of Motion - Progress Park.................................................... 717

C12/19-312 Notice of Motion - Surveillance Cameras at the Intersection of Old Prospect Road and Cumberland Highway.................................................... 719

C12/19-313 Notice of Motion - Right Arrow to be Implemented at the Intersection of Old Prospect Road and Cumberland Highway................................... 721

12 Notices of Rescission

Nil

13 Questions on Notice

Nil

14 Closed Session Reports

C12/19-314 WSROC Power Purchase Agreement

Note: Included in Closed Council in accordance with Section 10A(2)(d)(i) of the Local Government Act as the information involves commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

C12/19-315 Proposed dealings with Council owned land at 13 John Street, Lidcombe

Note: Included in Closed Council in accordance with Section 10A(2)(c), (d)(i) and (g) of the Local Government Act as the information involves information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business, commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

C12/19-316 Tender Evaluation Report - Legal Services Panel

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.

C12/19-317 Tender for Receival and Processing of Council's Bulky (Hard) Waste - T-2019-022

15 Other / General Matters

16 Close

Council Meeting

4 December 2019

Item No: C12/19-299

Wentworthville Town Centre Planning Proposal and Development Control Plan

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: SC661

Community Strategic Plan Goal: A resilient built environment

Summary

This report provides an update of the public exhibition and post consultation review for the Wentworthville Town Centre, as well as the recommended planning controls for the precinct.

The recommended planning controls for the Wentworthville Town Centre are supported by the Cumberland Local Planning Panel and align with strategic planning for the area, such as Cumberland 2030: Our Local Strategic Planning Statement.

Subject to endorsement, the Planning Proposal will be forwarded to the Department of Planning, Industry and Environment for finalisation and gazettal. The Development Control Plan will come into effect on the date of gazettal.

Recommendation

That Council:

1. Note the matters raised in submissions received during the exhibition of the draft Planning Proposal and draft Development Control Plan for the Wentworthville Town Centre;

2. Endorse the recommended planning controls for the Wentworthville Town Centre, as provided in Attachment 1, which are supported by the Cumberland Local Planning Panel;

3. Forward the Planning Proposal, as provided in Attachment 2, to the Department of Planning, Industry and Environment to be finalised and gazetted;

4. Adopt the Development Control Plan as an amendment to the Holroyd Development Control Plan 2013, as provided in Attachment 3, with the Development Control Plan coming into effect on the date of notification (gazettal) of the Local Environmental Plan amendment; and

5. Delegate to the General Manager the authority to make minor, non-policy corrections or formatting changes to the Planning Proposal and Development Control Plan, if required, prior to it coming into effect.

Report

Background

Council commenced planning work on the Wentworthville Town Centre in 2013. The primary focus of this work is to support the revitalisation of the town centre through changes in planning controls and precinct based planning activities, such as public domain and local transport infrastructure. This approach provides a holistic framework for growth and change of the centre, aligned with strategic planning for the broader Cumberland area, such as Cumberland 2030: Our Local Strategic Planning Statement.

The status of the planning proposal is provided in Figure 1.

Figure 1 Planning Proposal Status

A chronology on the work undertaken on the planning controls for the Wentworthville Town Centre is provided in Table 1.

*Date*	*Milestone*
December 2013	Acceptance of grant funding from the then Department of Planning and Infrastructure to undertake the Wentworthville Centre Revitalisation Planning Project.
June - July 2014	Stage 1 - Community Engagement completed
February - July 2015	Stage 2 - Completion of expert urban design, economics and feasibility and traffic and transport studies
September - October 2015	Stage 3 - Wentworthville Planning and Place Making Strategy - Exhibition and Community Consultation
July 2016	Report to CIHAP - Wentworthville Planning and Place Making Strategy and Planning Proposal Request
August 2016	Report to Council - Wentworthville Planning and Place Making Strategy and Planning Proposal Request
July 2017	Report to Council to defer reclassification of Public Land
November 2017	Planning Proposal submitted to the then Department of Planning and Environment
January 2018	Updated Planning Proposal is prepared with supplementary information lodged January 2018 in response to the then Department of Planning and Environment request for information
May 2018	Gateway Determination received
December 2018	Report to Council on proposed full bypass
April 2019	Revised Planning Proposal submitted to the then Department of Planning and Environment
May 2019	Revised Gateway Determination received
May - July 2019	Public exhibition of draft Planning Proposal and draft Development Control Plan
November 2019	Report to CLPP on outcomes of the community consultation and recommended planning controls
December 2019	Report to Council on Wentworthville Town Centre planning controls

Table 1: Chronology of planning work for Wentworthville Town Centre

Public Exhibition of Planning Controls

The draft planning controls for the Wentworthville Town Centre were exhibited for a period of eight weeks, from 22 May 2019 to 21 July 2019. Exhibition material was made publicly available in electronic form on Council’s website, and in hard copy form at its customer service centres and libraries. Council also wrote directly to landowners and occupiers in and around the Centre. During the exhibition period, Council Officers held community drop in sessions at Wentworthville Library on 13 June 2019 and a public meeting at the Wentworthville Community Centre on 22 June 2019.

Council received 35 community submissions including a petition during the statutory exhibition period. Key issues raised included proposed land acquisition for bypass and laneways, site specific requests to vary planning controls, and improvements to infrastructure, traffic and parking. Further information on the submissions is provided in Attachment 4.

The Gateway Determination also required Council to consult with the following public authorities:

· Department of Industry - Crown Land and Water Division,

· Office of Environment and Heritage – Floodplains,

· Department of Education

· Transport for NSW - Roads and Maritime Services,

· Transport for NSW - Sydney Trains and

· Transport for NSW.

No submission were received from Public Authorities.

Post Consultation Review

Following the completion of the community consultation process, a post consultation review has been undertaken. The review considered submissions received and other items identified by Council, including land acquisition requirements for the Wentworthville road bypass, site specific requests on planning controls, placement of height controls for Station Street East / Lane Street, and provisions for laneways identified in the planning controls, and car parking.

Land acquisition requirements for the Wentworthville road bypass

The exhibition of the Wentworthville Town Centre Planning Proposal was the first time the landowners of 53 Station Street and 48-50 Station Street were notified that their properties had been identified for acquisition to allow Council to implement the full bypass option.

Council received a detailed submission on behalf of the landowner for 53 Station Street, objecting to the land acquisition required to implement the full bypass. The objection was based on a number of factors. These include:

· Analysis by their traffic engineers of the proposed ‘full bypass’ option indicates that the geometric road design requirements will necessitate greater land acquisition than anticipated by Council; concerns are raised as to the ability of the proposed bypass alignment to provide a safe environment for all road users; significant concerns are raised on the assumptions and methodology for the traffic modelling work undertaken; there is a distinct lack of consideration of alternate options for the bypass formation and alignment.

· The valuation provided to Council for the acquisition of six properties within the town centre is inaccurate, and will likely cause a significant increase in cost to Council if the full bypass option is pursued.

· The existing consolidated land holding has an area of 2,824m2 (31 – 53 Station Street). It is a significant single land holding within the town centre, capable of significant redevelopment with the incentives provided.

Based on the submission provided, further traffic analysis was undertaken by Council to confirm the need for 53 Station Street as part of the road bypass for the Wentworthville Town Centre. The analysis focused on the intersection of Station Street / Pritchard Street / New Road, with a comparison of the Council endorsed option with the retention of a staggered intersection arrangement (Figure 2).

Original Full Bypass Alternate Full Bypass

Figure 2: Road bypass options considered

The analysis found that the travel times at the intersection are projected to be similar in 2019 and 2026; however, there would be slightly longer travel times with the staggered intersection option in 2036. It is noted that further work can be undertaken in the future that would improve the performance of this intersection, such as refinements to the intersection design and traffic signal operation.

It is now proposed that the Planning Proposal be amended to rezone 53 Station Street to B2 Local Centre, and the four lots that make up 53 Station Street no longer be identified on the Land Reservation Acquisition Map. This is shown in Figure 3.

Figure 3: Proposed amendment to road bypass

The properties of 48-50 Station Street will remain identified for acquisition. Importantly, the acquisition of this land for the road bypass provides a new access opportunity that would support the future growth of the Wentworthville Town Centre.

Site specific requests on planning controls

Submissions were received from selected landowners for changes to the planning controls on their sites. Further information on these submissions and Council’s response is provided in Table 2.

Site Specific Request	Council Response
55-57 Station Street and 6 Pritchard Street Seeking that a height of building control of 41 metres and a floor space ratio of 3:1 be applied to the entire site	The landowner had been invited to, and has submitted a Planning Proposal, which is being assessed and reported concurrently with the Wentworthville Town Centre Planning Proposal.
41-51 Dunmore Street and 15-22 The Kingsway Seeking to increase the FSR on the site from 4:1 to 4.5:1 and building heights from 23 metres to 25 metre on Dunmore Street and 41 to 49 metres on the Kingsway As this site is identified for design excellence bonuses, this proposed increase would result in a future built form of 27.5 metres on Dunmore Street and 53.9 metres on the Kingsway and the FSR to 5:1	The change to the floor space ratio is not matched by an equivalent change to the building height. This could lead to the development of a bulkier building than originally planned could alter the overall urban form outcome. As this is key site at the forecourt of the Wentworthville Railway Station, the request is not supported.

Site Specific Request

Council Response

55-57 Station Street and 6 Pritchard Street

Seeking that a height of building control of 41 metres and a floor space ratio of 3:1 be applied to the entire site

The landowner had been invited to, and has submitted a Planning Proposal, which is being assessed and reported concurrently with the Wentworthville Town Centre Planning Proposal.

41-51 Dunmore Street and 15-22 The Kingsway

Seeking to increase the FSR on the site from 4:1 to 4.5:1 and building heights from 23 metres to 25 metre on Dunmore Street and 41 to 49 metres on the Kingsway

As this site is identified for design excellence bonuses, this proposed increase would result in a future built form of 27.5 metres on Dunmore Street and 53.9 metres on the Kingsway and the FSR to 5:1

The change to the floor space ratio is not matched by an equivalent change to the building height. This could lead to the development of a bulkier building than originally planned could alter the overall urban form outcome. As this is key site at the forecourt of the Wentworthville Railway Station, the request is not supported.

Table 2: Site specific requests for changes in planning controls

Placement of height controls for Station Street East / Lane Street

The Wentworthville Planning and Placemaking Strategy identified split building height controls for the Station Street East / Lane Street precinct. As part of the draft Planning Proposal and draft Development Control Plan, the maximum height was shown in the Planning Proposal and the split height shown in the Development Control Plan (Figure 4).

Following further consideration by Council, it is proposed that the split heights are included in the Planning Proposal, in order to provide greater clarity and certainty of these controls for landowners and the community. Importantly, no changes are proposed to these controls, only the placement of this information in the planning control documents.

Figure 4: Station Street East / Lane Street precinct split building heights

Provisions for laneways identified in planning controls

As part of the draft planning controls for Wentworthville Town Centre, Station Lane is to be extended to the south in order to provide alternative vehicular access for sites on Station Street (Figure 5). This would assist to support efficient traffic movement and increase pedestrian safety by reducing the number of driveways crossing the footpath.

Council received two submissions in relation to proposed laneways that were identified as part of the draft Development Control Plan and that are to be delivered through Planning Agreements when the sites are redeveloped.

A submission on behalf of the owners of 84-96 Station Street, Wentworthville expressed support for the proposed laneways but questioned why affected properties are not proposed to be identified on the Land Reservation Acquisition Map.

A submission on behalf of the owners of 82 Station Street objected to the laneways and claimed the proposed laneways behind Station Street will sterilise the subject site and force land consolidation with adjoining property owners and prevent redevelopment of the town centre.

Following further consideration by Council, no changes to be proposed laneways are recommended for the Wentworthville Town Centre. The inclusion of the proposed laneways is consistent with the strategic work undertaken at the town centre, and inclusion in the Development Control Plan provides the basis for further detailed work by all parties at the development stage.

Figure 5: Proposed laneways for town centre

Car parking

A number of submissions raised concern about car parking in the Wentworthville Town Centre. While the planning proposal does not address car parking directly, it is acknowledged that this is an important issue for the community. Council continues to consider options that can support short term and longer term improvements to car parking in the area. Council is also advocating for improvements to commuter car parking, in accordance with the action outlined in Cumberland 2030: Our Local Strategic Planning Statement.

Cumberland Local Planning Panel Meeting 5 November 2019

The planning controls for the Wentworthville Town Centre were considered by the Cumberland Local Planning Panel on 5 November 2019. The Panel noted the outcomes of the community consultation and the post consultation review, and recommended that Council proceed with the Planning Proposal in accordance with the recommended planning controls for the Wentworthville Town Centre.

Recommended Planning Controls for Wentworthville Town Centre

The recommended Planning Proposal is summarised in Table 3 and provided in Attachment 2. The Planning Proposal includes controls related to building height, density and land acquisition. No changes to current zoning controls are proposed. The controls outlined in the Planning Proposal are forecast to provide for a total of 2,500 dwellings within the Wentworthville Town Centre. This is an estimated increase of 1,800 dwellings over 20 years, when compared to current planning controls.

Criteria	Recommended Planning Proposal
Height – predominant	8 storeys
Height – core of centre	6 towers of 12-13 storeys; 3 towers of 17-18 storeys
Height – Dunmore Street (South)	6 storeys (23m) height zone
Height – transition	5 storeys (20m)
FSR – core of centre	3:1 – 4.5:1+
FSR – fringe of centre	2.2:1 – 3:1
FSR –bonus – commercial floor space	0.5:1 – for towers providing 1^st floor commercial
Built form - general	5 storey street wall
Land acquisition	Selected locations in town centre

Table 3: Recommended controls of Wentworthville Town Centre Planning Proposal

The Development Control Plan for the Wentworthville Town Centre remains unchanged, except for the split height provisions for Station Street East / Lane Street precinct, these controls have been moved into the Planning Proposal to be included in the Local Environmental Plan. Minor editorial changes have also been included regarding the traffic bypass in the town centre. A copy of the proposed Development Control Plan is contained in Attachment 3.

Next Steps

If Council endorses the recommended planning controls for the Wentworthville Town Centre, the next step will be to forward the Planning Proposal to the Department of Planning Industry and Environment to be finalised and gazetted. Upon gazettal, the Development Control Plan for the Wentworthville Town Centre will come into effect.

Community Engagement

Community engagement for the planning controls on the Wentworthville Town Centre are outlined in the main body of the report.

Policy Implications

Subject to Council endorsement to proceed to finalisation, the Planning Proposal will result in an amendment to the Holroyd LEP 2013 and the Development Control Plan will result in an amendment to the Holroyd DCP 2013.

Risk Implications

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

Financial Implications

The land acquisition maps identified in the Planning Proposal will have a financial implication for Council if the proposal proceeds to finalisation.

CONCLUSION

This report provides an update of the public exhibition and post consultation review for the Wentworthville Town Centre, as well as the recommended planning controls for the precinct. It is recommended that Council endorse the planning controls for finalisation, noting that these controls are supported by the Cumberland Local Planning Panel.

Attachments

1. Recommended Planning Controls

2. Planning proposal for Wentworthville Town Centre

3. Development Control Plan for Wentworthville Town Centre – November 2019

4. Summary of community submissions

5. Chronology of planning work for Wentworthville Town Centre

Council Meeting

4 December 2019

Item No: C12/19-301

Planning Proposal for 55-57 Station Street and 6 Pritchard Street East, Wentworthville

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: SC531

Community Strategic Plan Goal: A resilient built environment

Summary

This planning proposal seeks to amend the planning controls at 55-57 Station Street and 6 Pritchard Street, Wentworthville, as follows:

· Amend the Floor Space Ratio control from 2:1 and 2.2:1 to 3:1

· Increase the Height of Building control from 10m, 17m and 20m to 41m for 55-57 Station Street, and 17m and 23m for 6 Pritchard Street East, and

· Insert additional provisions into Schedule 1 - Additional Permitted Uses to permit development on the site for the purpose of a ground floor 100m2 Gymnasium for use by residential tenants only.

The proposal has been placed on preliminary public exhibition (pre-Gateway), and was reported to the Cumberland Local Planning Panel in November 2019. The Panel supported the Council officer’s recommendation and suggested the inclusion of further site specific controls, which is supported for preparation at the next stage.

It is recommended that the planning proposal be forwarded to the Department of Planning, Industry and Environment for a Gateway Determination. Should a Gateway Determination be received, further work on a site-specific Development Control Plan and Voluntary Planning Agreement will be undertaken, and a further report provided to Council.

Recommendation

That Council:

1. Prepare a planning proposal for 55-57 Station Street and 6 Pritchard Street East, Wentworthville, with the following built form and additional permitted use controls:

a) Floor Space Ratio control of 3:1 on the entire site;

b) Maximum Height of Building control of 41 metres on 55 - 57 Station Street and 17 and 23 metres on 6 Pritchard Street; and

c) Introduce a 100m2 gymnasium as an additional permitted use for the site.

2. Endorse that the planning proposal for 55-57 Station Street and 6 Pritchard Street East, Wentworthville, be forwarded to the Department of Planning, Industry and Environment for a Gateway Determination.

3. Prepare a Development Control Plan to provide further planning controls for the site, should a Gateway Determination be received.

4. Prepare a Voluntary Planning Agreement to derive public benefit, should a Gateway Determination be received.

Report

Background

The initial Planning Proposal Request (PPR) for the site was lodged in November 2018. This proposal sought to amend the Holroyd Local Environmental Plan 2013 for 55-57 Station Street and 6 Pritchard Street East, Wentworthville, by:

· Amending the Floor Space Ratio control of the site from 2:1 and 2.2:1 to 3.5:1; and

· Increasing the Height of Building control of the site from 10m, 17m and 20m to 53m.

The proponent chose to amend the PPR at Council’s request, due to the significant inconsistency that the original PPR had with the proposed built form controls of the draft Wentworthville Town Centre planning proposal.

An amended PPR for the site was lodged in September 2019. This proposal sought to amend the Holroyd Local Environmental Plan 2013 for 55-57 Station Street and 6 Pritchard Street East, Wentworthville, by:

· Amending the Floor Space Ratio control of the site from 2:1 and 2.2:1 to 3:1;

· Increasing the Height of Building control from 10m, 17m and 20m to 41m for 55-57 Station Street, and 17m and 23m for 6 Pritchard Street East, and

Inserting additional provisions into Schedule 1 - Additional Permitted Uses to permit development on the site for the purpose of a ground floor 100m2 Gymnasium for use by residential tenants only.

The status of the PPR is provided in Figure 1 below.

Figure 1 - Planning Proposal Request Status

The site and its context

The site (outlined in yellow in Figure 2) is located within the Wentworthville Town Centre, on the corner of Station Street and Pritchard Street East. The site has a frontage of approximately 60m to Pritchard Street East and 46m to Station Street.

Figure 2 - The subject site

The site currently consists of four land parcels which would need to be consolidated to make a single development parcel. 55-57 Station Street was originally a service station, but had been operating as an automotive repair shop (now closed) and convenience store (facing Station Street). 6 Pritchard Street is a standalone retail premise that faces Pritchard Street East and housed a video store (now closed).

Local Context

The site is located approximately 250m from Wentworthville Railway Station (approximately 3-5 minutes walking distance), and is serviced by a range of bus services.

Figure 3 - Local Context

The site adjoins Friend Park to the south, and is located approximately 100 metres walking distance from the St Andrews Presbyterian Church and a low density residential area facing McKern Street. This residential area predominantly includes 1960s style single storey brick and weather board dwellings.

Regional Context

The site is located in the suburb of Wentworthville within the Local Government Area of Cumberland Council approximately 2km west of Parramatta Central Business District (CBD) and 27km west of the Sydney CBD.

The site is further located approximately 800m west of the Westmead health and education precinct one of the largest health precincts in New South Wales.

The site is well served by road infrastructure by the Cumberland Highway to the west, the Great Western Highway and M4 Motorway to the south.

Planning Proposal

Current Planning Controls

Holroyd LEP 2013 applies to the site. The site is currently zoned B2 Local Centre with an FSR of 2:1 and 2.2:1 and Maximum Height of Building control of 10m, 17m and 20m apply across the site (refer to Figures 4 to 6).

Figure 4 - Existing Land Zoning (LZN) Map

Figure 5 - Existing Floor Space Ratio (FSR) Map

Figure 6 - Existing Maximum Height of Buildings (HoB) Map

Draft Wentworthville Centre Planning Controls

The draft Wentworthville Centre Planning Proposal proposes an FSR of 2.2:1 and 2.5:1 and height of building controls of 17m, 23m and 30m to be applied to the site (refer to Figures 7 and 8).

Figure 7 - Draft Wentworthville Town Centre Floor Space Ratio (FSR) Map

Figure 8 - Draft Wentworthville Town Centre Maximum Height of Buildings (HoB) Map

Proposed Planning Controls

The amended PPR seeks to increase the floor space ratio (FSR) control of the site from 2:1 and 2.2:1 to 3.0:1, increase the maximum height of building (HoB) of the site from 10m, 17m and 20m to 41m for 55-57 Station Street and 17m and 23m for 6 Pritchard Street East, and introduce additional provisions into Schedule 1 - Additional Permitted Uses to permit development on site for the purpose of a ground floor 100m2 gymnasium for use by residential tenants only (refer to Figures 9 -11).

Figure 9 – Proposed Floor Space Ratio (FSR) Map

Figure 10 – Proposed Maximum Height of Buildings (HoB) Map

Figure 11 – Proposed Additional Permitted Use (APU) Map

Strategic Merit Assessment

Alignment with the adopted Wentworthville Centre Planning and Place Making Strategy and draft Wentworthville Centre Planning Proposal

There is strategic merit in progressing the proposal as it is not inconsistent with the draft planning controls of the Wentworthville Town Centre. This includes the following reasons:

· The increase in FSR and Building Height will offset the loss of developable land due to the proposed dedication of 6 Pritchard Street East (entire site) and 120m2 land portion of 55-57 Station Street to Council. This will ensure planned dwelling yields are not reduced.

· A through site link is identified for this location in the Wentworthville Centre Planning and Place Making Strategy and Draft Wentworthville Centre Development Control Plan. The proposal secures the creation of the through site link.

· The proponent has worked with Council to reduce the scale of the indicative concept development from what was originally proposed. This has seen the FSR reduced by 0.5:1 (3.5:1 to 3:1 FSR) across the site and the proposed building height reduced by 12 metres (53m to 41m) from the original proposal request.

· The amended proposal also applies a 17m and a 23m maximum building height control for 6 Pritchard Street East which is consistent with the exhibited draft Wentworthville Centre planning proposal.

· The FSR applied is consistent with the 3:1 FSR applied for the north eastern portion of Station Street.

· The proposed building height applied is consistent with the 41m building height applied across the northern portion of Station Street located in the Wentworthville Centre core area.

· There is also greater strategic merit in progressing the proposal as a standalone item concurrent with the draft planning controls for the Wentworthville Town Centre, as:

· The community would not have had opportunity to provide comment on the amended PPR as required by Cumberland Council Planning Proposals Notification Policy.

· Delay of the progression of the draft Wentworthville Centre Planning Proposal may occur should the Panel or Council not support the amended PPR.

Provide for the orderly and economic development of the land

· There is strategic merit in progressing the proposal as:

· The Economic Feasibility Analysis prepared by Hill PDA to support Council’s strategy for Wentworthville Town Centre determined that it was not feasible to redevelop the site with an FSR of less than 3:1.

· The strategy also identifies the proposed site for amalgamation. The proponent has achieved this and is now seeking to redevelop the site.

Overshadowing of Friend Park

· There is strategic merit in progressing the proposal to the next stage of assessment as the proponent has submitted shadow analysis that determines that any future development on the site would achieve:

· Approximately 50-90% solar access of the existing Friend Park between 12pm and 3pm during winter solstice.

· Approximately 50-70% solar access to the extended Friend Park between 10am and 3pm.

This analysis has also been reviewed by Council and identifies similar overshadowing impacts when compared against the draft planning controls for the Wentworthville Town Centre.

Overshadowing of other properties in the Wentworthville Town Centre

The proponent has submitted shadow analysis that identifies any future development on the site will not cast any significant shadow onto the surrounding properties that will result in the proposed built form not achieving the minimum Apartment Design Guide (ADG) requirements of 70% of solar access for a minimum of 2 hours. Therefore, there is strategic merit in progressing the proposal to Gateway.

Traffic and parking

There is strategic merit in progressing the proposal to the next phase, as:

· The site is located within walking distance to Wentworthville Railway Station that provides connecting services to Blacktown, Parramatta, Westmead, Merrylands and Sydney CBD.

· The proposal is expected to result in additional traffic generation of approximately 30 vehicles per hour during the AM peak and approximately 23 vehicles per hour during the PM peak for residential and retail/commercial uses.

· The level of traffic generation is well within typical fluctuations in background traffic volumes. It is anticipated that no external road works will be required to facilitate this amended proposal.

· The projected net change in traffic activity as a result of the proposal will not have any unacceptable traffic implications on the road network capacity.

The above traffic report was prepared by the proponent based on the original planning proposal request lodged, and the amended proposal anticipates further lesser degree of impacts stated to above.

Site contamination

The ‘Stage 1 Environmental Assessment’ prepared by Environmental Investigation Services (August 2018) for the original PPR (refer to Attachment 3 of the report) has identified that the site includes more potential to be contaminated due to the proposed site’s past land uses, and the proponent would need to undertake further detailed site investigations should the proposal proceeds to a Development Application (DA) stage, given the nature and type of uses proposed. This does not limit the proposal being progressed further.

Additional Permitted Use – Gymnasium

The proposed additional permitted use is unlikely to create or result in any major issues given the size of the proposed gymnasium (gym). The proposed additional permitted use will only be applied to a small portion of 55- 57 Station Street (part of Lot A and part of Lot B DP 305764).

Public benefit offer

The proponent has put forward a public benefit offer to increase the public space in this location and for embellishment works to Friend Park. The offer is consistent with Council’s Voluntary Planning Agreements Policy and strategic outcomes sought for the area. Therefore, there is strategic merit in progressing the proposal to Gateway.

Consistency with the Greater Sydney Region Plan - A Metropolis of Three Cities

The Greater Sydney Region Plan identifies the Wentworthville area as a potential ‘area for urban renewal’ and states the following:

· That ‘local centres’ create a strong ‘sense of place’ within the local community, larger local centres anchored by a supermarket can form the focus of a neighbourhood. Wentworthville Centre is considered as such a local centre.

· That a ‘place based planning approach’ to the development of housing strategies will help facilitate high quality urban outcomes including the creation of walkable neighbourhoods. The Wentworthville Centre Planning and Place Making Strategy is a Council adopted strategy which would facilitate such an outcome.

· There is strategic merit in progressing the proposal to the next phase of assessment as it is generally consistent with the following planning directions of the Greater Sydney Region Plan – A Metropolis of Three Cities:

o Objective 4. Infrastructure use is optimised - The proposal provides mixed use retail and residential land uses in proximity to established infrastructure and services that is accessible to a wider population with public and railway transport.

o Objective 7. Communities are healthy, resilient and socially connected - The proposal promotes a healthy community by providing for additional housing in a walkable, culturally rich and socially cohesive and connected town centre in close proximity to recreational opportunities at Friend Park.

o Objective 10. Greater Housing Supply - The proposal contributes to approximately 90 residential units to Wentworthville’s growing population which is expected to increase significantly within the next 15 years.

o Objective 11. Housing is more diverse and affordable - The proposal provides for more diverse and affordable housing in close proximity to a large range of employment, education and services in Parramatta CBD and surrounds.

o Objective 12. Great places that bring people together - The proposal includes a place-based planning approach to facilitate the implementation of Council’s ‘place based planning controls’ adopted by the Wentworthville Centre Planning and Place Making Strategy and the proposed draft Wentworthville Centre Planning Proposal to help facilitate a high quality urban development outcome for the site and contribute to the revitalisation of the Centre. This is in keeping with the proposed strategy’s vision for the Centre, community directions, structure plan provisions such as built form and character, open space and public domain, traffic and parking, linkages and connectivity.

o Objective 14. Integrates land use and transport and creates walkable and 30 minute cities - The proposal provides opportunities for the broader Wentworthville community and residents, workers, children, seniors to access employment, education, health and other essential facilities and services within 30 minutes from the Wentworthville Town Centre.

o Objective 30. Urban tree canopy cover is increased - The proposal facilitates redevelopment of the site and increases urban tree canopy cover along Pritchard Street East and Station Street and the embellishment of Friend Park with the inclusion of communal open space within the proposed development.

Consistency with the Central City District Plan

There is strategic merit in forwarding this proposal for a Gateway Determination, as the amended proposal is generally consistent with the following Planning Priorities of the Central City District Plan:

· C1. Planning for a city supported by infrastructure - The proposal facilitates Cumberland Council with an opportunity to balance population growth with existing and planned infrastructure to maximise the efficiency of facilities and services as community benefit.

· C3. A city for people - The proposal meets this objective by providing medium to high density housing in walkable neighbourhood in close proximity to public and rail transport which appeals to a wider population.

· C4. Fostering healthy, creative, culturally rich and socially connected communities - The proposal promotes a healthy community by providing for additional housing in a walkable, culturally rich and socially connected Town Centre in close proximity to recreational opportunities at Friend Park.

· C5. Providing housing supply, choice and affordability, with access to jobs and services - The proposal provides for additional dwellings and affordable housing in close proximity to a large range of employment, education and services in Parramatta CBD and surrounds.

· C6. Creating and Renewing Great Places and Local Centres, and respecting the district’s heritage - The proposal facilitates redevelopment of an existing urban infill site including public and communal open space areas, presenting opportunities for social interaction and respecting local heritage. The amended proposal is generally compliant and delivers Council’s adopted Wentworthville Centre Planning and Place Making Strategy provisions and place making controls that contribute to the Centre’s rejuvenation and revitalisation.

· C9. Delivering integrated land use and transport planning and a 30-minute city - The amended proposal provides opportunities for the broader Wentworthville community and residents, workers, children, seniors to access employment, education, health and other essential facilities and services within 30 minutes from the Wentworthville Town Centre.

· C16. Increasing urban tree canopy cover and delivering green grid connections - The proposal facilitates redevelopment of the site and increases urban tree canopy cover along Pritchard Street East, Station Street and the embellishment of Friend Park.

· C17. Delivering high quality open space - The proposal also delivers high quality open space to extend the existing area of Friend Park (the only park located within the Wentworthville Town Centre) and achieve a through-site link.

Cumberland Local Planning Panel

The amended PPR was reported to the Cumberland Local Planning Panel on 5 November 2019 (Attachment 2). The panel recommended that the matter be reported to Council, seeking a resolution to forward the planning proposal for a Gateway Determination, subject to the following:

· Advised that there is potential for a mismatch between the proposed FSR and Height of Buildings; and

· Recommended that site specific development controls be prepared for building setbacks for each storey of the proposed development on site to mitigate impacts to Friend Park.

Following consideration of the Panel’s advice, it is recommended that site specific development controls are prepared should the proposal receive a Gateway Determination. The site specific controls would address the mismatch between density and height, as well as mitigating impacts such as restriction of solar access, overshadowing and amenity to Friend Park during winter periods, and immediate low scaled residential surrounds.

Recommended Planning Controls

A summary of the recommended planning controls for the proposal is provided in Table 1. This is based on a review of the proponent’s proposed planning controls by Council officers, the draft planning controls for the Wentworthville Town Centre, and advice from the Cumberland Local Planning Panel.

Planning Controls (Holroyd LEP 2013)	Existing Controls	Original Proponent’s proposed controls (Nov’18)	Revised Proponent’s proposed controls ( Sept’19)	Draft Wentworthville Town Centre Controls	Cumberland Local Planning Panel advice (Nov’19)	Recommended Planning Controls
Zoning	B2 Local Centre	B2 Local Centre	B2 Local Centre	B2 Local Centre	B2 Local Centre	B2 Local Centre
Height of Building	10 metres 17 metres 20 metres	53 metres	17 metres 23 metres 41 metres	17 metres 23 metres 30 metres	17 metres 23 metres 30 metres	17 metres 23 metres 41 metres (11 storeys)
Floor Space Ratio	2:1 2.2:1	3.5:1	3.0:1	2.2:1 2.5:1	3.0:1	3.0:1
Additional Permitted Use	-	-	Applies 100m²Gymnasium (Gym) use to the ground floor of the proposed development to part of 55-57 Station St	-	Applies 100m²Gymnasium (Gym) use to the ground floor of the proposed development to part of 55-57 Station St	Applies 100m² Gymnasium (gym) use to part of 55-57 Station St
Holroyd DCP 2013 Part J - Site Specific Controls Part	-	-	-	-	Prepare site specific development controls relating to building setbacks for each storey of the site’s envisaged development to mitigate impacts on Friends Park	Prepare site specific development controls relating to building setbacks for each storey of the site’s envisaged development to mitigate impacts on Friends Park.

An analysis of the dwelling yield indicates that the draft planning controls for the Wentworthville town centre planning proposal would yield between 65-70 dwellings on the site, compared to 85-90 dwellings based on the amended PPR.

Next steps

It is recommended that the planning proposal be forwarded to the department of planning, industry and environment for a gateway determination.

Should a gateway determination be received, further work on a development control plan will be undertaken to complement the planning proposal for the site. This will include controls to address the mismatch between density and height, as well as mitigating impacts such as restriction of solar access, overshadowing and amenity to Friend Park during winter periods, and immediate low scaled residential surrounds

Should the planning proposal proceed to a gateway determination, negotiations on the public offer will be progressed and captured through a voluntary planning agreement. A further report on the agreement will be provided to council.

Community Engagement

Initial Planning Proposal Request

The initial PPR was publicly exhibited for a period of 51 days from 12 December 2018 to 31 January 2019, in accordance with Council’s Planning Proposal Notification Policy. Council considered a longer exhibition period due to the Christmas and new year holiday period. All owners and occupiers were also notified. Hardcopies of the original proposal and associated documentation were exhibited at Auburn and Merrylands customer service centres and Merrylands and Wentworthville libraries. A summary of submissions received is provided in Attachment 3.

Amended Planning Proposal Request

The amended PPR was placed on public exhibition for a period of 15 days from 18 September to Wednesday 2 October 2019. A shorter exhibition period was considered appropriate as the amended PPR addressed concerns raised by Council. All owners and occupiers were also notified. Hard copies of the amended proposal were exhibited at Auburn and Merrylands customer service centres and Merrylands and Wentworthville libraries.

In response to the exhibition, Council received four submissions objecting to the amended proposal. A summary of public submissions received is provided in Attachment 4. Key issues raised included:

· Proposed building height 41m and 3:1 FSR

· The proposal is out of character with existing development

· Traffic, parking and safety concerns

· Concerns that the proposal will have solar access and amenity impacts on Friend Park and residential properties on McKern Street

· The proposal for the Additional Permitted Use would reduce commercial uses and the active frontage at the ground floor level

· Council should purchase land for Friend Park through development contributions

Issues raised in the submission do not warrant Council to consider changes to the amended proposal at this stage, as comments made in the submissions appear to have considered the proposal in isolation and do not take into consideration broader development growth that is anticipated as a result of Council’s draft planning controls for the Wentworthville Town Centre. It is also noted that some comments are related to the whole of the town centre and not the amended proposal.

Policy Implications

Policy implications for Council are outlined in the main body of the report.

Risk Implications

There are minimal risk implications for Council associated with the report.

Financial Implications

The proposal includes a public benefit offer for an increase in public space and embellishment of Friend Park. Should Council support a Gateway Determination for the amended proposal, a Voluntary Planning Agreement will be negotiated between Council and the applicant.

CONCLUSION

It is recommended that the planning proposal for 55 – 57 Station Street and 6 Pritchard Street East, Wentworthville, be forwarded to the Department of Planning, Industry and Environment for a Gateway Determination. This recommendation is being made as:

· The proposal is not inconsistent with the draft planning controls of the Wentworthville Town Centre, including built form, overshadowing and access to Friend Park

· The proposal is generally consistent with the strategic directions set by the Central City District Plan and the Greater Sydney Region Plan

Should a Gateway Determination be received, further work on a site-specific Development Control Plan and Voluntary Planning Agreement will be undertaken, and a further report provided to Council.

Attachments

1. Planning proposal for 55-57 Station Street and 6 Pritchard Street East, Wentworthville

2. Cumberland Local Planning Panel report and minutes - 5 November 2019

3. Summary of submissions (initial proposal)

4. Summary of submissions (amended proposal)

Council Meeting

4 December 2019

Council Meeting

4 December 2019

Item No: C12/19-302

Post-Exhibition Report – Planning Proposal for 100 Woodville Road, Granville

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: PP-2/2018

Community Strategic Plan Goal: A great place to live

Summary

As required by the Gateway Determination, the planning proposal has been publicly exhibited for a period of 28 days. This report outlines the feedback received during exhibition.

It is recommended that Council adopt the planning controls identified for the site and proceed with finalisation of the LEP amendment.

Recommendation

That Council:

1. Adopt the recommended planning controls for 100 Woodville Road, Granville:

· Rezone the site from R2 Low Density Residential to R3 Medium Density Residential;

· Increase the maximum height of building from 9m to 12m; and

· Amend the maximum floor space ratio from 0.5:1 to 1:1.

2. Finalise the planning proposal, as delegated by the Minister.

3. Note that this LEP amendment will be published in the Government Gazette upon finalisation.

Report

Background

A planning proposal request for land at 92, 94 and 100 Woodville Road and 63 and 65 Grimwood Street Granville was lodged in September 2018. This request sought to amend the Parramatta Local Environmental Plan 2011 as follows:

· Rezone the site from R2 Low Density Residential to R3 Medium Density Residential

· Amend the maximum height of building from 9m to 12m

· Amend the maximum FSR from 0.5:1 to 1:1.

The proposal was initiated by the landowner, The Missionary Sisters of Mary Queen, who currently use the site for the purpose of a convent. The proposal seeks to facilitate redevelopment of the existing convent and allow part of the site to be developed for townhouses.

In September 2019, a Gateway Determination was issued that required a number of conditions to be addressed prior to proceeding to public exhibition. These conditions were met and in October 2019, the planning proposal was placed on public exhibition.

The status of the planning proposal is provided in Figure 1.

Figure 1 Planning Proposal Status

Public Exhibition of Planning Proposal

The planning proposal was exhibited for a period of 30 days, from 1 October 2019 to 30 October 2019. The exhibition material was made available online and in hard copy form in Council’s administration buildings and libraries. A public notice was placed in newspapers that circulate in the local area (Auburn Review and Parramatta Advertiser).

One public submission was received during the exhibition period. Key issues raised in the submission were:

· The redevelopment of the site will result in the loss of existing trees and greenery on the site, resulting in amenity and heat impacts on surrounding streets

· Concerns about the development of apartment buildings in the local area and would prefer Council to maintain the current 9 metre (2 storey) height limit

· Future development will overshadow nearby properties, reducing solar access and quality of life, and increasing costs

· Traffic and street parking

· Concerns that proper heritage consideration may not have been given for the 105-year-old convent building.

The issues raised are noted, and were previously considered by Council officers prior to the Gateway Determination stage of the planning proposal. No changes are proposed in response to the public submission.

The Gateway Determination also required Council to consult with the following public authorities:

· Transport for NSW - Roads and Maritime Services

· Office of Environment and Heritage.

No submissions were received from public authorities.

Next Steps

It is recommended that the proposed planning controls for 100 Woodville Road, Granville, are adopted to enable the finalisation of the planning proposal.

Subject to Council endorsement, the following activities will be undertaken to complete the planning proposal process:

· Council will exercise its plan making functions and finalise the planning proposal. For this proposal, Council has been delegated this function as outlined in the Gateway Determination

· Upon finalisation, a notice will be published in the NSW Government Gazette.

Community Engagement

Community engagement activities are outlined in the main body of the report.

Policy Implications

Subject to Council endorsement to proceed to finalisation, the planning proposal will result in an amendment to the Parramatta LEP 2011.

Risk Implications

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

Financial Implications

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

CONCLUSION

This planning proposal seeks to rezone 100 Woodville Road, Granville from R2 Low Density Residential to R3 Medium Density Residential and increase building height and floor space ratio controls for the site. Following receipt of a Gateway Determination and completion of the public exhibition period, it is recommended that Council adopt the planning controls identified for the site and proceed with this LEP amendment.

Attachments

1. Gateway Determination - 2 September 2019

2. Revised Planning Proposal recommended for adoption

Council Meeting

4 December 2019

Item No: C12/19-303

Proposed Miscellaneous Planning Controls for Inclusion in the New Cumberland Development Control Plan

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: S-5750-01

Community Strategic Plan Goal: A resilient built environment

Summary

The preparation of a new Cumberland Development Control Plan (DCP) is underway, with the focus on harmonising the planning controls of the three DCPs in operation across Cumberland into a single set of detailed planning controls under a comprehensive DCP.

This report outlines planning controls which will be covered by the miscellaneous controls part of the new Cumberland DCP. It recommends that Council endorse the planning approach for miscellaneous development controls in the Cumberland area. This information will be included in the draft new Cumberland DCP that is currently being prepared.

Recommendation

That Council:

1. Endorse the planning approach for miscellaneous development controls in the Cumberland area, as provided in Attachment 1; and

2. Note that the above items will be included in the draft Cumberland Development Control Plan.

Report

Background

Cumberland Council is currently operating under three separate sets of planning controls, known as Development Control Plans (DCP), which are available on Council’s website. 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.

New Cumberland Development Control Plan (DCP)

The preparation of a new Cumberland DCP will complement the work being undertaken on the new Cumberland LEP, by providing more detailed planning controls for development in the area. This report focuses on proposed miscellaneous controls within the new Cumberland DCP, as shown in Figure 1.

Figure 1: Proposed Planning Controls Covered in Council Report

Part G – Miscellaneous Development Controls

This part of the DCP contains relevant controls that can apply to all development types in any given zone, including residential, business and employment.

The DCP provides guidance and detailed design controls on a range of matters, including:

· Advertising and signage

· Traffic, transport, access and parking

· Heritage

· Waste management

· Stormwater management

· Sustainability

· Urban heat management

The DCP controls address a range of general and locally specific matters that are not covered by mandatory provisions in relevant SEPPs, Acts, Codes and/or Guidelines (e.g. State Environmental Planning Policy [SEPP] No 64 —Advertising and Signage, SEPP Building Sustainability Index [BASIX], RMS Guide to Traffic Generating Development and Protection of the Environment Operations Act 1997, and NSW Biodiversity Conservation Act 2016).

The DCP review will result in consistent controls applied across Cumberland. This report recommends that Council adopt the planning approach to these parts as outlined in Attachment 1.

Next Steps

Subject to endorsement, the proposed planning controls will be included in the draft Cumberland DCP. The draft new Cumberland DCP will be provided for consideration by Council in late 2019 or early 2020 prior to proceeding to public exhibition.

Community Engagement

Consultation will be undertaken on the draft new Cumberland DCP, and this is anticipated to occur in early 2020.

Policy Implications

The preparation of the Cumberland DCP supports the new Cumberland Local Environmental Plan, which is required under the Environmental Planning and Assessment Act 1979. The Cumberland DCP will also align with the strategic directions outlined in Council’s Community Strategic Plan and Cumberland 2030: Our Local Strategic Planning Statement.

Risk Implications

The preparation of a new Cumberland DCP is designed to align with the milestones on work for the new Cumberland Local Environmental Plan, which is required to be completed by mid-2020. The release of funds from the grant is also linked to these milestones. Endorsement of the proposed planning controls will assist Council in meeting these milestones.

Financial Implications

Work undertaken on the Cumberland DCP, including analysis, document preparation 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 Development Control Plan (DCP) is underway. This report outlines some of the proposed planning controls to be included in the new Cumberland DCP. It recommends that Council endorse the planning approach for miscellaneous development controls in the Cumberland area. This information will be included in the draft Cumberland DCP that is currently being prepared.

Attachments

1. Proposed Miscellaneous Planning Controls

Council Meeting

4 December 2019

Item No: C12/19-304

Open Space Acquisition Review - 74, 76 and 78 John Street Lidcombe

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: P1940074

Community Strategic Plan Goal: A great place to live

Summary

This report seeks approval from Council to remove the properties located at 74, 76 and 78 John Street, Lidcombe from Council’s open space acquisition list as determined by the Auburn Local Environmental Plan 2010.

Recommendation

That Council:

1. Not proceed with the acquisitions of 74, 76 and 78 John Street, Lidcombe for local open space as stipulated under the Auburn Local Environmental Plan 2010.

2. Remove 74, 76 and 78 John Street, Lidcombe from the Land Reservation Acquisition Map as stipulated under the Auburn Local Environmental Plan 2010.

3. Provide the owners with a written undertaking to remove the relevant reservations in accordance with Part 2 Division 3 Section 27 (b) of the Land Acquisition (Just Terms Compensation) Act 1991.

4. Prepare a planning proposal for the properties to be rezoned for residential purposes, consistent with their current built form, and that the planning proposal be submitted the Department of Planning, Industry and Environment for a Gateway Determination.

5. Reallocate identified local infrastructure contribution funding for the properties towards the provision of open space in the local area.

Report

Context

The Auburn Local Environmental Plan (2010) identifies 74, 76 and 78 John Street Lidcombe (properties), as land parcels which are to be acquired to increase the provision of local open space within the Lidcombe North precinct, a map of these properties is shown in Attachment 1.

These properties located within the Lidcombe precinct were zoned 6 (a) Public Recreation under the Auburn Local Environmental Plan 2000 (ALEP, 2000) which at the time was to enable the former Auburn City Council to acquire the properties for the purpose of increasing the provision of local open space to the community (Attachment 2).

The public recreation zoning was subsequently maintained over the properties when the Auburn Local Environmental Plan 2010 was gazetted, however instead of the properties being zoned 6 (a) Public Recreation, Council applied a RE1 Public Recreation zoning across the properties.

The former Auburn Council identified these properties for acquisition due to their proximity to Chadwick Reserve which has a small frontage on John Street in Lidcombe. In the context of public open space, Chadwick Reserve is located within the Lidcombe North precinct which contains a small playground and serves as a thoroughfare for pedestrians walking from Olympic Drive through to John Street. Chadwick reserve is located within 100m of Wyatt Park and at present there are no capital works identified for Chadwick Reserve. The acquisition of these properties would increase the size of Chadwick Reserve from 4000m² to approximately 6000m² and increase the John Street frontage of Chadwick Reserve from 40m to approximately 85m.

Current status

Council is now in receipt of formal correspondence from the owners of 74 John Street Lidcombe seeking to have the property acquired or removed from the open space acquisition list (Attachment 3) so that the property can be sold.

In consideration of this request, Council staff have reviewed the strategic open space requirements for the Cumberland Local Government Area as determined by the Cumberland Open Space and Recreation Strategy 2019 - 2029 which is currently on public exhibition (Attachment 4).

This strategy highlights the current and future strategic open space priorities across the Cumberland Local Government Area, and establishes a minimum open space benchmark for our residents as determined by the World Health Organisation, which recommends in urban infill contexts such as the Cumberland Local Government Area, a minimum of 9m² of open space per person.

Within the Lidcombe North precinct at present, there is currently 27.7m² of open space per person which is anticipated to drop to 15.5m² per person in 2036 according to current population forecasts. Contrasting this position is the burden being placed upon areas such as North Auburn, Pendle Hill, Westmead, Regents Park, Berala, Granville, South Wentworthville and Wentworthville which will drop well below the World Health Organisation benchmark in 2036.

Council is committed to increasing the amount of open space within these precincts. To fulfil these commitments, Council must utilise its limited available funding accordingly. At present, there is a funding allocation of $1,000,000 to purchase the properties known as 74, 76 and 78 John Street Lidcombe for public recreation purposes. In addition, the draft Cumberland Local Infrastructure Contributions Plan identifies the collection of funds for open space in this area. At this time, the amount already collected is insufficient to cover the full cost of the acquisition.

Considering the amount of available funds and Council’s limitations in generating additional funds for the acquisition of open space, it is recommended that all available funds are prioritised to align with the Cumberland Open Space and Recreation Strategy.

Next Steps

Subject to endorsement by Council, the following actions will be undertaken by council staff:

· Undertake the necessary arrangements to not proceed with the acquisitions, including written advice to the owners and removal from the Land Acquisition Map under the Auburn Local Environmental Plan.

· Prepare a planning proposal for the properties from a public recreation zoning to a residential zoning, with the residential zoning to be based on the low density zoning as per adjoining properties.

· Reallocate the $1,000,000 already collected and reserved towards the provision of open space in the local area.

COMMUNITY ENGAGEMENT

Should Council support a planning proposal for the site from a public recreation zoning to residential zoning, community consultation will be undertaken following receipt of a Gateway Determination from the Department of Planning, Industry and Environment.

Policy Implications

Policy implications are outlined in the body of the report.

Risk Implications

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

Financial Implications

Financial implications are outlined in the body of the report.

CONCLUSION

Council currently has limited funds available to acquire properties for the purpose of increasing public open space. In order to fulfil Council’s strategic open space priorities across the Cumberland Local Government Area, Council is required to act strategically and acquire properties within precincts which do not meet the applicable open space benchmarks.

It is recommended that the properties known as 74, 76 and 78 John Street, Lidcombe be removed from Council’s open space acquisition list. The removal of these properties will not impact the open space benchmarks for the Lidcombe North precinct as determined by Council’s Open Space and Recreation Strategy 2019 – 2020.

Attachments

1. Map of Properties

2. Letter to Property Owner, dated 23 October 2008 (confidential)

3. Correspondence from current owners of 74 John Street (confidential)

4. Map from Open Space Strategy

Council Meeting

4 December 2019

Item No: C12/19-305

Response to Notice of Motion - Anchor Fees

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: T-28-02/08

Community Strategic Plan Goal: A resilient built environment

Summary

This report provides a response to the Notice of Motion (C08/19-181, Min.651) considered at Council’s meeting of 21 August 2019, seeking a report into comparable costs of Anchor Fees with similar Local Councils.

Recommendation

That Council:

1. Note the information contained within this report; and

2. Implement a reduction to the bond applied to anchor fees as part of the 2020-2021 Schedule of Fees and Charges process, to reflect a $50,000 flat fee so as to more closely align with the charge applied by other councils.

Report

At Council’s meeting of 21 August 2019, Item C08/19-181, Min 651 referred to a Notice of Motion relating to the costs of Anchor Fees contained within the Cumberland Council Pricing Policy - Schedule of Fees and Charges 2019-2020. In considering this item, Council resolved the following:

“That:

1. Council investigate the costs of Anchor Fees contained within the Cumberland

Council Schedule of Fees and Charges 2019/2020 as compared to other local councils that impose such fees and charges.

2. Council be provided with a report into comparable costs of anchor fees with similar councils.

3. A fair and equitable cost structure be developed for anchors (similar to Burwood or Canada Bay Councils) and provided to Council for comment or otherwise.”

By way of providing background to the current fees applied, a previous survey of other councils was conducted by the former Auburn City Council in 2013. This survey resulted in the base fees being benchmarked against those councils, with CPI then being applied each year. These fees were then adopted by the amalgamated Cumberland Council as they were considered appropriate under a ‘substantial cost recovery’ model for Council to administer the process.

In relation to the current Notice of Motion, Council Officers have undertaken a further survey of the anchor fees and associated bonds charged by a number of Sydney metropolitan councils as identified in Table 1 below.

Table 1 – Comparison of Anchor Fees and Associated Bonds

From perusal of the table above, it is apparent that each Council charges different fees for the application, per anchor and associated bond, with little consistency able to be noted between councils.

In addition to carrying out the above survey, Council Officers reviewed the typical use of anchors for developments in the Cumberland Local Government Area. Whilst the details of each development have been suppressed for anonymity, the resulting information is summarised in Table 2 below.

Table 2 – Usage of Anchors within the Cumberland Local Government Area

The anchors used within these developments were for multilevel basements and as expected, the number of anchors required differed depending upon the individual site size and constraints. The number of anchors was also found to differ depending upon the design of the basement piling, as prepared by the applicant’s consulting engineer.

Council Officers consider the typical number of anchors required for most development sites, to be in the range of 50 – 75 anchors.

Based on the information contained in Table 1 and 2 above, a calculation of the costs associated with a development requiring 50 and 75 anchors, is provided as a comparative benchmark. This information is presented in Tables 3 and 4 below, with the indicated ranking related to the total fee (application fee + anchor fee) only. The total bond associated with an application, is provided independent of this ranking as that bond would be considered recoverable by the applicant.

Table 3 – Costs associated with a development requiring Use of 50 Anchors

Table 4 – Costs associated with a development requiring Use of 75 Anchors

The comparison tables reveal that the total fee charged by Cumberland Council would be marginally above the median and relatively receiving a ranking of 4 (in declining order cost) out of 9 councils. The tables also show that the total bond applied by Cumberland could be considered excessive, being well above all other councils used in the comparison.

In considering the 2 specific councils mentioned in the Notice of Motion, the tables reveal that the total fee applicable at Burwood Council would be in the order of 69% and 62% of Cumberland Council’s fees, related to an application for 50 anchors and 75 anchors respectively. A comparison of the total fee applicable at the City of Canada Bay Council also revealed that it would be in the order of 72% and 64% of Cumberland Council’s fees, related to an application for 50 anchors and 75 anchors respectively.

Taking all of these factors into consideration, Council Officers believe that a fair and equitable cost structure is achieved by way of the current fees applied, however recognise that a reduction in the associated bond would be appropriate.

In this regard, a flat fee of $50,000 (for the bond) is being proposed, as that figure would more closely align the fees charged by Cumberland Council with other councils surveyed as part of this review.

Community Engagement

There is no consultation processes associated with this report.

Policy Implications

There is a potential policy implications for Council associated with this report. Should Council concur with the recommendation to reduce the bond applied to anchor fee applications, this adjustment would need to be reflected in the Cumberland Council Pricing Policy - Schedule of Fees and Charges 2020-2021.

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. The proposed reduction in fees associated with anchor applications relates to the (returnable) bond only.

CONCLUSION

In considering the research undertaken by Council Officers, it is recommended that there be no change to the Anchor Fee application or per unit cost, however the bond fee is recommended to be reduced to align more closely with that applied by other Councils.

Attachments

Nil

Council Meeting

4 December 2019

Item No: C12/19-306

Community Mulching Service

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: HC-11-01-33

Community Strategic Plan Goal: A clean and green community

Summary

Cumberland Council operates a Community Mulching Service (CMS) from the depot located at Fairfield Road, Guildford West. This report considers the ongoing requirement and feasibility of the existing CMS, given the range of services now provided to residents in relation to the disposal of garden vegetation material.

Recommendation

That Council:

1. Cease to operate the Community Mulching Service at Guildford depot from 2 February 2020; and

2. Undertake a community engagement campaign to promote the range of alternate garden vegetation material disposal options now available to all Cumberland residents.

Report

The former Holroyd City Council operated a Community Mulching Service (CMS) at Council’s Guildford depot between 9:00am - 2:00pm each Sunday during the daylight saving period and on the first and third Sunday of the month, during the non-daylight saving period of the year.

Following the proclamation of Cumberland Council, this service was made available to all Cumberland residents and has continued to operate under the same arrangements.

The CMS enables residents, who provide a copy of their current rate notice to prove their eligibility to use the service, to deliver garden vegetation material which meets the criteria set by Council, to the Guildford depot.

The material is stockpiled at the depot and shredded on a periodic basis, to a maximum size of 100mm in length.

Prior to 2013, the shredded material was utilised by Council in its bushland maintenance programs. However, following a change to the regulations regarding the application of organic material to land, the material had to be composted to meet the applicable Australian Standard, before being reused in this way. The cost to Council in achieving the required standards became prohibitive, resulting in the shredded material being delivered to selected organic treatment facilities for processing instead. This process has however resulted in an overall increase to the cost of providing the CMS.

Actual costs from the 2018/2019 financial year indicate an expenditure of $356,870 (excl. GST) to shred, cart and dispose of the accumulated organic material. Staff overtime costs to operate the service during the same period resulted in an additional cost of approximately $30,000.

Records for the period 1 July 2018 – 30 June 2019 indicate that 3,167 residents delivered material as part of the CMS, with 115 residents taking back shredded material for their own personal use. These figures include instances where the same resident used the service on multiple occasions, throughout the period.

Staff operating the service report that the volume and nature of material delivered, and the frequency of some users, suggests that a proportion of material delivered is suspected to come from individuals operating commercial gardening and maintenance businesses who are taking advantage of the service to dispose of organic material for free. In an effort to avoid this misuse, Council now only allows material to be delivered in passenger vehicles with trailers, or utility vehicles (excluding any type of truck).

When the CMS was introduced by the former Holroyd City Council, residents did not have access to a garden vegetation bin service. Following the harmonisation of waste services, all residents across the Cumberland area now have access to a garden vegetation bin service. In addition larger bundled garden vegetation is also collected as part of Council’s pre-booked kerbside clean-up service. This means residents who avail themselves of these services can have garden vegetation collected on a fortnightly basis and any additional bulky vegetation material collected from their property up to four times per year.

Based on the improved accessibility of other services for residents to dispose of garden vegetation material, the increasing cost of providing the current service due to the more onerous regulatory requirements imposed on recycling operations and the potential ongoing misuse, it is proposed to cease the CMS in its current form.

Community Engagement

A communication plan will be implemented to inform residents of the closure of the CMS and promote the availability of alternate garden vegetation material recycling services. A draft copy of the proposed communication plan is attached to this report.

Policy Implications

The CMS contributes an average of 1.5% to Council’s current diversion rate of waste from landfill. In order to meet the targets contained in Council’s Waste and Resource Recovery Strategy, it is expected that the majority of garden vegetation material produced by residents will be captured in Council’s other services and thereby still contribute to the diversion of waste from landfill.

Risk Implications

There is a localised reputational risk for Council in discontinuing the current CMS however with alternate garden vegetation material recycling options now available to residents, it is believed that the operational and financial risks in maintaining the CMS are of greater ongoing concern.

Financial Implications

The proposed closure of the CMS will result in an estimated saving of approximately $380,000 per annum.

CONCLUSION

It is proposed that Council discontinue the Community Mulching Service in its current format and instead promote the alternate garden vegetation material disposal arrangements, now available to all Cumberland residents.

Attachments

1. Draft Communication Plan

Granville Ward
Clr Steve Christou (Mayor)	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	0417 612 717	Greg.Cummings@cumberland.nsw.gov.au
Clr Eddy Sarkis (Deputy Mayor)	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	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