Agenda of Council Meeting - 18 December 2019

Council Meeting

18 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

C12/19-318 Minutes of the Ordinary Meeting of Council - 04 December 2019.......................................................................................... 7

6 Mayoral Minutes

Nil

7 Public Forum / Presentation of Petitions

8 Items Resolved by Exception

9 Reports to Council

General Manager

C12/19-319 Legal Report................................................................... 27

Director People & Performance

Nil

Director Finance & Governance

C12/19-320 Investment Report - November 2019................................ 29

C12/19-321 Rates Harmonisation Update - December 2019................. 53

C12/19-322 Adoption of Risk Management Policy - Post Exhibition....... 73

Director Community Development

C12/19-323 Adoption of Draft Long Day Care Centre Fees and Charges - Post Exhibition................................................................ 87

C12/19-324 Cumberland Sponsorship Program 2019/20...................... 93

Director Environment & Planning

C12/19-325 Response to Mayoral Minute – Enhancement of Business and Employment Opportunities in Cumberland................ 119

C12/19-326 Proposed Other Land Use Based Development Controls and Other Matters for Inclusion in the New Cumberland Development Control Plan.............................................. 159

C12/19-327 New Cumberland Development Control Plan – Draft Chapter for Part A Introduction and General Controls................... 203

C12/19-328 New Cumberland Development Control Plan – Draft Chapter for Part B Development in the Residential Zones............. 241

C12/19-329 Cumberland Local Infrastructure Contributions Plan......... 293

C12/19-330 Adoption of Compliance and Enforcement Policy and Guideline - Post Exhibition.............................................. 375

C12/19-331 Submission on the Draft Place-Based Infrastructure Compact for the Greater Parramatta to Olympic Peninsula Area.... 399

C12/19-332 Review of Policies on Affordable Housing and Planning Proposal Notification...................................................... 469

Director Works & Infrastructure

C12/19-333 Response to Notice of Motion - Melita Stadium and Everley Park Works................................................................... 491

C12/19-334 Development of Greystanes Skate Park.......................... 555

C12/19-335 Response to Matter of Urgency - Dumping of Trolleys from Pemulwuy Shopping Centre........................................... 575

C12/19-336 Response to Notice of Motion - Naming Proposal Mona Park Sportsground 3.............................................................. 591

C12/19-337 Oriole Park BaseBall Club Building.................................. 603

C12/19-338 Cumberland Traffic Committee - Minutes of Electronic Meeting held on 28 November 2019............................... 623

10 Reports of Council Committees

C12/19-339 Cumberland Heritage Committee - Nominations and Terms of Reference for 2020-21 Term...................................... 641

C12/19-340 Nominations for Aboriginal and Torres Strait Islander Consultative Committee 2020 - 2021.............................. 655

11 Motions Pursuant to Notice

C12/19-341 Notice of Motion - Wentworthville Carpark(s)................... 675

C12/19-342 Notice of Motion - Wentworthville Traffic......................... 677

C12/19-343 Notice of Motion - Planning Proposal for 55-57 Station Street and 6 Pritchard Street East, Wentworthville..................... 679

12 Notices of Rescission

RES12/19-5 Notice of Rescission - Representatives on the board for Western Sydney Regional Organisation of Councils (WSROC)..................................................................... 699

13 Questions on Notice

Nil

14 Closed Session Reports

C12/19-344 Tender Evaluation Report - Security Services

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.

C12/19-345 Tender Evaluation Report - Neil Street Merrylands - Road and Drainage Works

C12/19-346 Tender Evaluation Report - Granville Park Community Sports Pavilion - Construction

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

C12/19-347 Cumberland Council Administration Building

Note: Included in Closed Council in accordance with Section 10A(2)(c) 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.

15 Other / General Matters

16 Close

Council Meeting

18 December 2019

Item No: C12/19-320

Investment Report - November 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 30 November 2019.

Recommendation

That Council receive the November 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 30 November 2019 and an update of the investment environment.

Council Investments as at 30 November 2019

Council’s investment portfolio has a current market value of $167,394,559. This represents a premium of $1,581,045 above the face value of the portfolio being $165,813,514 and generates a 2.37% average purchase yield. The following table reflects Council’s holding in various investment categories.

Categories	Face Value ($)	Current Value ($)	Current Yield (%)
Bonds	4,750,000	5,108,638	3.0474
Cash	11,376,229	11,376,229	0.4569
Floating Rate Note	46,650,000	46,879,402	2.0055
Managed Funds	13,037,286	13,037,286	6.0307
Term Deposit	90,000,000	90,993,004	2.2339
	165,813,514	167,394,559	2.3682

Investment Portfolio Performance

The investment returns for the month and year-to-date of 30 November 2019 outperformed the current month benchmark and exceeded the year to date benchmark. The Tcorp Managed Fund yielded 6.03% during November due to the outperformance of the Medium Term Growth Fund. As it is very early days for these Managed Funds, volatility is expected during the first 12 months.

Performance – Current Month 30 November 2019

For the month of November, Council‘s portfolio generated interest earnings of $313,774. This is $10,087 lower than the budget of $323,861 and outperformed the AusBond Bank Bill Index by 1.60%, as detailed below:-

Performance – Year-to-date 30 November 2019

For the year-to-date, Council‘s portfolio generated interest earnings of $1,535,650. This is $83,654 lower than the budget of $1,619,304 and outperformed the AusBond Bank Bill Index by 1.28%, 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 November 2019

2. Economic and Investment Portfolio Commentary November 2019

Council Meeting

18 December 2019

Item No: C12/19-321

Rates Harmonisation Update - December 2019

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 presented in the report.

2. Commence community consultation regarding the following preferred combination of options, noting these options would require IPART approval:

i) Option 1: 5 year transition with the application of a minimum rate; and

ii) Option 5: Increase in the rate cap over 5 years by $10m.

Report

Context

At the Ordinary Meeting of Council held on 18 September 2019, Council considered the issue of rates harmonisation (Min. 697, Item No: C09/19-214) and resolved as follows:

“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.”

The full report from this meeting is attached to provide context to the issues of rates harmonisation.

The following events have transpired since Council resolved the above:

· On 21 October 2019, the Office of Local Government (OLG) updated the 2016 Ministerial Determination which permits merged councils to make a Special Variation (SV) application to IPART from the 2020/2021 financial year.

This addresses Item 4 in Minute 697 Item No: C09/19-214, meaning that if Council wished to recover the lost rates identified at the meeting of 18 September 2019, an application would need to be made to IPART to do so. Such an application would need to be made to IPART by November 2020. This process is detailed in this report.

· On 14 November 2019, the OLG wrote to Council advising that any changes to the former council rate paths will need to be approved by IPART following an s508a application to implement any gradual harmonisation of rates.

This correspondence addresses Item 3 in Minute 697 Item No: C09/19-214. If Council wishes to proceed with no increases being applied to the rates for properties in the former Holroyd City Council, approval would need to be sought from IPART to do so. The process for the seeking of such approval is identical to that outlined in the point above.

In May 2019, Council engaged Morrison Low to conduct an independent assessment of the options available with respect to harmonising rates. The scope of this exercise included:

· Consideration of four options to harmonise rates, including the implementation of a Base Rate or 3 different levels of minimum rates.

· An analysis on the ability to pay.

· Recalculation of the rates for 70,000 rateable properties under all four options.

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

Rates Revenue Policy

Council’s Revenue Policy is included with the publication of the Annual Operational Plan and Fees and Charges. This Policy is based on the following principles:

· Efficiency - means to ensure that resources are devoted to the most valuable ends as determined by Council, whilst using as few resources as possible. It generally relates to the cost at which services and facilities desired by the community are delivered or provided.

· Effectiveness relates to the satisfaction of stated objectives so that outcomes of decisions and the needs and demands of consumers are taken into consideration. Achievement is demonstrated by the provision of service standards that meet the needs of Council’s customers.

· Equity refers to ensuring that services are provided to those who need them, even though they may be unable to pay for the particular service. This document provides pricing policies for rates, annual charges and fees for specific services provided by Council.

Proposed Outcomes

Following recent Councillor Workshops and briefings, this matter has now progressed to the stage where Council should engage the community regarding the issue of rates harmonisation. This report outlines five potential options and makes recommendation on two options that, if applied in tandem, will achieve the most equitable option for all ratepayers.

To further understand the impact of the proposed changes it is important to compare the additional rates increases as a percentage of the total household budget. The average weekly rates including the waste charge for Cumberland rate assessments is $27 per week, which represents 2% of the average household weekly costs (this ranges between 1% and 5%). Below are ABS statistics for different categories:

Total average ABS Household Expenditure is $1,425 per week and this is further broken down by the following groups within Cumberland’s population:

· Single under 35 $849 (17% of Households)

· Couples $1,572 (60% of Households)

· Pensioner couples $ 879 (Pensioners make up 15% of Household)

· Pensioner Singles $ 461

The impact of the proposed changes on the path to rates harmonisation will result in increases of between from $0 to $1.50 per week (up to a maximum of $80 per year) under a five year transition plan and changes to minimum rates. This shows that as a proportion of current weekly household expenditure, these increases are not significant and those most affected would be pensioners and singles under 35.

Transition Issues

a) Federal Assistance Grant

Following the advice received from the NSW Local Government Grants Commission 2019, Council‘s grant is unable to be increased despite a loss of income over 3 years of between $3m to $4.5m as at 30 June 2019. Due to the impact of the loss of Income Council needs to maintain a sustainable budget position and review other sources of income. In most cases this will be looking at an SRV to increase rates.

b) Affordability

The largest rate increases are projected in the South Granville and Regents Park Wards. These Wards have had significantly lower rates than the rest of the LGA while benefiting from a similar range and level of services. We have observed that these Wards contain some of the most disadvantaged locations within Council’s LGA and will likely be adversely affected by the rate increase.

c) Options

Upon initial assessment of the possible scenarios, the below options represent the most viable means for Council to harmonise rates:

1) Option 1: Implementation of an increased minimum rate for all of the LGA. This needs to be approved by IPART.

o Year 2020-2021, apply to IPART for a minimum rate of $700

o Year 2021-2022, apply to IPART for a minimum rate of $770

o Year 2022-2023, apply to IPART for a minimum rate of $840

o Year 2023-2024, apply to IPART for a minimum rate of $900

The benefits of implementing a minimum rate are:

o The current calculation of rates relies upon the unimproved land value, so ratepayers in a unit dwelling pay significantly less than a ratepayer in a house dwelling (due to much lower land value). The difference however, in the property value, is not as significant as it is when measuring the difference in unimproved land value. To achieve equity, the application of a minimum rate presents the fairest way to achieve equity until such time as clarity is provided about the use of Capital Improved Value (CIV) as the basis for land valuation.

o If CIV was approved as the basis for land valuation, 24,000 rate assessments would increase by 10% per year until the end of the transition period. It therefore makes more sense for Council to utilise the rates harmonisation process to achieve both the current requirement to harmonise rates, as well as to start addressing the issue of inequity in land valuations which arises from the basis for calculating rates.

o Currently Council receives additional rates income when new properties are created. As all of this growth comes from new units or multi-dwellings, having the current rate structure means that the potential for growth in rates income is minimal. By increasing the minimum rate for units, when this additional income on new properties is calculated, Council is better able to generate a higher rate cap than is currently the case. The potential difference in what could be generated by increasing the minimum rate for units is $610,000 per annum. IPART has stated that the use of CIV as the basis for land valuations is more equitable because it better reflects the benefits that a ratepayer receives from council services (page 30, Review of the Local Government Rating System).

The net effect of increasing the minimum rate is that most properties will be harmonised after a five year period.

2) Option 2: Implement immediate harmonisation in 2020-21

If Council were to harmonise rates in one year, the average impact would be as follows:

	$ Net Charge	%	Highest impact	Lowest Impact	Average impact
Residential
Holroyd Rates	(4,749,583)	(12)	(170)	(60)	(129)
Parramatta Rates	1,288,827	13	320	10	113
Auburn Residential	3,460,755	21	450	10	165

Business
Holroyd Rates	(2,000,377)	(12)
Parramatta Rates	(366,359)	(9)
Auburn Residential	2,366,359	24

3) Option 3: Implement rates harmonisation over a period of five years commencing from 2020-21

Under this option the former Holroyd Rates would have a minor decrease every year and not pay the 2.5% CPI increase that they would normally pay if rates harmonisation was not being implemented. The net effect is 13% reduction over 5 years.

The average annual increase, in percentage terms, per rateable property per annum under this method is:

	Year 1	Year 2	Year 3	Year 4	Year 5
Residential
Holroyd	-0.10%	-0.10%	-0.10%	-0.10%	-0.10%
Parramatta	4.50%	4.50%	6.79%	4.50%	4.50%
Auburn	6.50%	7.25%	5.53%	6.50%	6.67%
General Increase	2.30%	2.50%	2.50%	2.50%	2.50%

Business
Holroyd	0.00%	0.00%	0.00%	0.00%	0.00%
Parramatta	1.00%	1.00%	1.00%	1.00%	1.00%
Auburn	7.00%	7.00%	7.00%	7.00%	7.00%
General Increase	2.30%	2.50%	2.50%	2.50%	2.50%

The impact in actual dollars per rateable property per annum is shown below.

4) Option 4: Implement rates harmonisation over a period of four years commencing from 2020-21

Under this option the former Holroyd Rates would have decreased 0.75%per annum for 4 years and not pay the 2.5% CPI increase that they would normally pay if rates harmonisation was not being implemented. The net effect is 13% reduction over 5 years.

The average annual increase, in percentage terms, per rateable property per annum under this method is as follows:

The impact in actual dollars per rateable property per annum is shown below:

5) Option 5: Rates harmonisation over 5 years commencing from 2020-2021, plus the collection of an additional $10m over this period to recover income lost as a result of amalgamation.

This option would require the application of an additional increase of 2% in the first year only. The compounding effect of this initial increase over the five years produces the result of an additional $10m in income of that period.

Under this option, the rates for the former Auburn and Parramatta properties would increase by both the amounts required for harmonisation as well as the additional. Properties in the former Holroyd would only increase by the additional 1.5 % (increase 1% instead of decrease 0.5%) each for this period, which is still less than the increases that would have applied as a result of CPI for those properties.

The average increase in dollar terms per rateable property per annum under this scenario is shown below:

IPART Process

Some Councils which were created by merger in 2016 will be applying for an SRV for 2020-21 as part of their process of harmonising rates across the former council areas.

IPART will expect these councils to meet the same requirements for presenting information as all other councils.

The base-level scenario for a merged council will be more complex because the rate structures and rate levels in the former council areas vary. Therefore, merged councils must take extra care in the way they communicate with their community about the proposed SRV and ensure that they explain the rationale for the proposed SV, and quantify the impact it will have on rates to be paid by the different categories of ratepayers in each of the pre-merged council areas.

The situation in each merged council will have unique features.

New councils are encouraged to contact IPART when they are preparing their consultation materials to discuss how to communicate with their ratepayers and present information about the proposed SRV in the most effective way.

The IPART criteria is as follows:

1. The need for, and purpose of, a different revenue path for the council’s General Fund (as requested through the special variation) is clearly articulated and identified in the council’s IP&R documents.

2. Evidence that the community is aware of the need for and extent of a rate rise.

3. The impact on affected ratepayers must be reasonable.

4. The relevant IP&R documents must be exhibited (where required), approved and adopted by the council.

5. The IP&R documents or the council’s application must explain the productivity improvements and cost containment strategies.

6. Any other matter

Based on this long list of criteria, it is appropriate to align any application to IPART with the new Council Operational Plan. While an application to vary the minimums will need to be made, this is still achievable early in the next term of Council.

The best course of action for Council is to focus on community consultation regarding rates harmonisation, as well as the criteria 5 productivity and cost containment strategies.

Community Engagement

Council is required to undertake consultation to obtain the community’s views on rates harmonisation, or any other impacts to their rates from changes in minimum or increased rates via a SRV.

Policy Implications

Council will require a Council Resolution and updated Operational Plan to endorse an application to IPART. This will need to occur in the new term of Council.

Risk Implications

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

Financial Implications

This is an information report and does not have a financial impact. Following consultation with the community, there will be a report to Council. Dependent upon the outcomes of the consultation, additional income may be collected.

CONCLUSION

There are a range of options that can be undertaken. Council must strategically consider the potential perception in relation to equity if one ratepayer was to receive a reduction in rates whilst, at the same time, another receives large increases. Options 1 to 4 in rates harmonisation do not increase rates income but simply redistribute based on the revenue policy selected. The recommendations in this report are designed to reduce the impact and reinforce the principles of equity to Cumberland’s rates system.

Attachments

1. Rates Harmonisation Update - 18 September 2019

Council Meeting

18 December 2019

Item No: C12/19-323

Adoption of Draft Long Day Care Centre Fees and Charges - Post Exhibition

Responsible Division: Community Development

Officer: Director Community Development

File Number: C-37-30

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report recommends the adoption of the Draft Long Day Care Centre Fees and Charges (January 2020 to June 2020) following a period of public exhibition.

Recommendation

That Council adopt the Draft Long Day Care Centre Fees and Charges (January 2020 to June 2020) as outlined in this report.

Report

At the Ordinary Meeting of Council held on 6 November 2019, Council resolved to place the Draft Long Day Care Centre Fees and Charges on public exhibition for 28 days for consultation with the community (Min. 773, Item C11/19-267).

Council received eleven submissions during the public exhibition period. A summary of all submissions received and Council’s response is outlined in the following table.

Table 1: Summary of Submissions and Responses

Summary of Submission	Summary of Council Response
1 submission supported the increase and provided positive feedback in relation to Council undertaking an internal service review. The submission noted that Council services provide higher rated services as per the National Quality Standard, and the proposed fee is competitive and within the average.	Council thanked the respondent for their feedback.
1 submission opposed the increase stating that viability is not a good enough reason to increase the fees. The submission also contained feedback on centre operations.	Council has provided further information to the respondent and invited them to meet with Council should they wish to discuss centre operations in further detail.
1 submission registered a protest against any steep increases noting that Council is out of touch with the costs involved in raising children and that children are an important community asset in the future.	Council thanked the respondent for their feedback.
1 submission related to the menu in an after school care centre.	Council thanked the respondent for their feedback and referred them to the relevant Centre Director to further discuss the centre menu.
1 submission opposed the increase stating that the increase is more than in previous years and will impact on families and the stress of increasing living costs.	Council thanked the respondent for their feedback and clarified details related to the proposed increase.
1 submission opposed the increase stating that they were not happy with the transition of occasional care to long day care at the Sometime Centre.	Council thanked the respondent for their feedback and clarified that occasional care will continue as an option (with limited places) at the Sometime Centre. The respondent was also referred to Council’s Family Day Care, which also offers care on an hourly basis.
4 submissions wrote in opposition to the proposed increases and urged Council to reconsider the proposal, noting Council’s education and care services are not for profit and the proposed increase was not ‘minor’ in nature, especially for families with more than one child attending care. The submissions referenced Council’s Pricing Policy contained within the adopted Fees and Charges 2019-20, where childcare service fees are noted as ‘minimal cost recovery’ whereby ‘the pricing for these services is set below the financial cost of providing the service’. The submissions noted that the fees received are expected to make a minimal contribution towards the cost of service provision with the balance being met from general revenue. The submissions sought additional information as to why the proposed fee increase was for Council’s Long Day Care Centres only. The submissions also highlighted the impact of the $8 per day increase for the Pemulwuy Children’s Centre. The submissions noted that the fee increase appeared as a profit making exercise targeting working parents who cannot afford the increases.	Council thanked the respondents for their feedback and clarified that Council’s children’s services are subsidised by Council, with rates revenue contributing $6.8 million to the cost of this total service area as per Council’s adopted Operational Plan 2019/20. This is inclusive of education and care services as well as non-centre based services, such as children and families programs open to the broader community. Whilst Council has considered the content of the submissions received, Council’s review of education and care services has highlighted that the operating costs of providing education and care services have continued to increase at a faster comparative rate to their operating income, particularly in relation to Long Day Care. Council has supplied further information to the respondents outlining that the pricing of Council’s Long Day Care will continue to remain below the financial cost of providing the service. Council has further explained the rationale of the $8 per day increase proposed for the Pemulwuy Children’s Centre, which offers a premium facility in operation 12 hours per day (an additional one hour per day when compared to other centres).

The public exhibition process resulted in one submission in support of the proposed fee increase and nine submissions against the proposed fee increase for Council’s Long Day Care Centres. One submission was unrelated as it included feedback about the operation of Council’s after school care services, which is not impacted by the proposed fee increases.

The nine submissions received opposing the fee increase represent 1.9% of Council’s existing Long Day Care Centre customer base (562 parents).

It is also relevant to note that 91% of Council’s existing Long Day Care Centre customer base receive a 50% to 90% Child Care Subsidy (as at November 2019), and therefore will not receive the full impact of the proposed increases. This means the overwhelming majority of existing customers will pay half or less than half of the total cost of the increase proposed by Council with the remainder of the cost increase to be covered by the Federal Government.

Council has now considered and responded to all public feedback and recommends that the Draft Long Day Care Centre Fees and Charges be adopted by Council, which are outlined in the following table.

Table 2: Draft Long Day Care Centre Fees and Charges (January 2020 to June 2020)

	Per day/Per Child	Per day/Per Child	Per day/Per Child
Fee Name	2018/2019	2019/2020	Draft 2019/2020
Fee Name	Jul - Jun	Jul - Dec	Jan - Jun
Long Day Care Daily Fee (Open 7am – 6pm)
Meals Included	$92.00	$95.00	$100.00
No Meals Included	-	-	$95.00
Long Day Care Daily Fee (Open 6am – 6pm)
Meals Included	$95.00	$97.00	$105.00

The proposed fee increase seeks to improve the operating result for Council’s Long Day Care Centres in 2019/20, and ensures Council’s education and care services continue to remain affordable, high quality and competitive when compared with other education and care services operating within the Cumberland Local Government Area.

The ‘Care for Kids’ website reports that the average cost of Long Day Care in Cumberland is approximately $101 per child per day before subsidies (See: https://www.careforkids.com.au/home/childcarecosts). Moreover, all Council run education and care services are rated against the National Quality Standard for Education and Care Services (NQS). All services run by Council are rated as either Exceeding or Meeting the National Quality Standard. Non-Council services across Cumberland are on average of lower quality with only 20% of Long Day Care services in Cumberland rated as ‘Exceeding’ the NQS and 33% rated as ‘Working Towards’ the NQS (Cred Consulting, ‘The State of Education and Care in Cumberland’, July 2019).

Community Engagement

Council publicly exhibited the Draft Long Day Care Centre Fees and Charges for a period of 28 days from 11 November 2019 to 8 December 2019 both on Council’s website and in local newspaper publications.

Council received 69 visits from 52 unique visitors to the ‘Have Your Say’ website during the public exhibition period, with 13 downloads of the Council report and the Draft Long Day Care Centre Fees and Charges.

In addition, Council also undertook the following engagement activities:

· Every Council Long Day Care Centre enrolled family received an email informing them of the proposed fees.

· Every Council Long Day Care Centre enrolled family received a copy of the report and a letter hand delivered at each centre.

· ‘Have Your Say’ information was placed on the notice board and sign in desk at each Long Day Care Centre.

· A copy of the letter and report was posted on EDUCA, the education and care services communication platform.

· Centre Directors were provided with information and support so they could respond to family enquiries at the centre level.

· Libraries, Community Centres and Customer Service Centres were provided with information to display.

Submissions were received from eleven respondents. Council has formally responded to all respondents who made a submission and notified them of the consideration of this item at the Council Meeting.

Policy Implications

The Children and Families Strategy 2019 – 2023 was adopted by Council on 2 October 2019 and provides a strategic approach to the delivery of services, programs and initiatives that support children and families in Cumberland.

It identifies education and care as a key priority area, and includes the following strategies and actions for Council related to this report:

Strategy	Actions	Timeframe
2.1 Deliver high quality education and care for all children in the Cumberland area.	2.1a Continue to deliver high quality education and care services to the community. 2.1f Complete the upgrade and re-open Friend Park Children’s Centre, Wentworthville to operate as a 40 place long day care centre.	Y1-4 Y1
2.3 Improve the distribution of Council operated education and care services across the Cumberland area, based on community need. 1.	2.3a Transition The Sometime Centre, Merrylands into a long day care centre with ongoing occasional care places to meet community need and ensure the ongoing viability of the service.	Y1

Strategy

Actions

Timeframe

2.1 Deliver high quality education and care for all children in the Cumberland area.

2.1a Continue to deliver high quality education and care services to the community.

2.1f Complete the upgrade and re-open Friend Park Children’s Centre, Wentworthville to operate as a 40 place long day care centre.

Y1-4

2.3 Improve the distribution of Council operated education and care services across the Cumberland area, based on community need.

2.3a Transition The Sometime Centre, Merrylands into a long day care centre with ongoing occasional care places to meet community need and ensure the ongoing viability of the service.

Risk Implications

In accordance with the Community Strategic Plan 2017-2027, Strategic Goal 6 - Transparent and accountable leadership, Council must operate efficiently and sustainably. Council has identified the existing shortfalls in the budget that relate to the ongoing operation of education and care services. This matter has been brought to the attention of Council along with a strategy to improve the ongoing operational budget performance of its education and care services in 2019/20. Failure to increase the Draft Long Day Care Centre Fees and Charges will impact on the operating budget result for Council’s Long Day Care Centres in 2019/20.

Financial Implications

If adopted by Council, the proposed fee increases will generate an additional estimated revenue of $211,500 over a 6 month period from January 2020 to June 2020.

Following the completion of Council’s immediate actions to improve its budget performance in this service area in 2019/20, subsequent fee increases will be staged as part of Council’s ongoing budget review processes where required.

As noted previously, 91% of existing customers of Council’s education and care services receive a 50% to 90% Child Care Subsidy (as at November 2019), and therefore will not receive the full impact of the proposed increases.

CONCLUSION

To improve the financial position of Council’s education and care services, Council has undertaken an internal service review to identify an immediate strategy to improve its budget performance in this service area. The proposed increase in Council’s fees and charges for Long Day Care is only one component of this strategy, and a range of efficiency measures are also being implemented across the service area.

Council has publicly exhibited the Draft Long Day Care Centre Fees and Charges and formally responded to all who made a submission. The Draft Long Day Care Centre Fees and Charges as outlined in this report are now recommended for adoption.

Attachments

Nil

Council Meeting

18 December 2019

Item No: C12/19-324

Cumberland Sponsorship Program 2019/20

Responsible Division: Community Development

Officer: Director Community Development

File Number: SC586

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

The Cumberland Sponsorship Program aims to support the delivery of activities and projects that build a vibrant and sustainable Cumberland by developing partnerships with the corporate and local business sector. Sponsored projects must deliver economic, community, cultural, and social benefits to the local community. Not-for-profit or for-profit organisations can apply for sponsorship funding.

This report outlines the outcome of staff assessments undertaken in accordance with Council’s adopted Sponsorship Policy and Guidelines and provides recommendations in relation to applications received to date under the Cumberland Sponsorship Program 2019/20.

Recommendation

That Council:

1. Sponsor Precedent Productions Pty Limited (ABN 35 052 469 799) to deliver the Cumberland Local Business Awards 2020 and allocate $25,000 from the 2019/20 Cumberland Sponsorship Program budget.

2. Advise applicants of sponsorship allocations under the 2019/20 Cumberland Sponsorship Program and provide feedback and support to the unsuccessful applicant.

Report

Background

As part of Council’s approach to developing a strong, sustainable and diverse economy, Council resolved to adopt the Sponsorship Policy at the Ordinary Meeting of Council held on 4 April 2018. The associated Sponsorship Program comprises of a total funding pool of $50,000 in 2019/20.

Sponsorship Program Guidelines and Promotion

In accordance with Council’s Sponsorship Policy and Guidelines, Council’s Sponsorship Program was made publicly available via an advertised Expression of Interest (EOI) process from 1 September 2019 and will remain open until exhausted or until 30 June 2020.

The Sponsorship Program has been promoted widely using the following methods:

· Promotion through Council’s social media channels.

· Advertisements in print media including the Parramatta Advertiser and Auburn Review.

· A feature story in Cumberland Council’s E-News.

· The Guidelines and Application Form were made available on Council’s website.

· Information was electronically mailed out to the local business sector and community organisations registered on Council’s databases.

Assessment Process

In accordance with the Sponsorship Policy and Guidelines, submitted applications were assessed against the published assessment criteria, which includes the following:

1. Application meets the Cumberland Council Sponsorship Policy and Sponsorship Guidelines.

2. Economic, community, cultural and social benefits stated in the Sponsorship Policy are met.

3. There is opportunity for strategic partnership / alliance for Council.

4. Demonstrated significant benefits to Council and the community.

5. Range of media and publicity opportunities for Council including opportunity for exclusive naming rights.

6. Uniqueness to the Cumberland area (e.g. marketing benefits).

7. Activity will be held in the Cumberland Local Government Area and/or provides benefits to the Cumberland community.

8. Use of local resources (e.g. local Cumberland businesses providing services or local venues).

9. The level of funds being sought and the amount of Council funds available for sponsorship purposes.

10. The total cost of the proposal, level of funding that has been obtained from other sources and the degree of self-financing.

11. The level of planning and research that has been undertaken to ensure feasibility of the project.

12. The level of recognition that Council will receive in response to any sponsorship provided.

The Sponsorship Program is a competitive process. Applications submitted for funding under the Sponsorship Program are assessed by Council’s Director Community Development and the Senior Communications and Marketing Coordinator for eligibility and conformance with the assessment criteria. This includes applications being submitted in a complete state and meeting the criteria.

Applications Received and Assessment Outcomes

A total of $50,000 in sponsorship funding is available annually. To date, Council has received a total of two sponsorship applications requesting a total of $50,000.

Details of each application are outlined in the following table, including staff recommendations and comments:

Applicant	Project	Amount Requested	Recommendation	Comments
Precedent Productions Pty Limited	Sponsorship of the Local Business Awards, an award and recognition program that seeks to highlight outstanding local business in the Cumberland LGA. The presentation evening will be held at the Wentworthville Leagues Club and will provide significant exposure and marketing opportunities to Council and local business. Council will be provided with the opportunity to present awards to category winners on the night with 450 people anticipated to be in attendance.	$25,000	Recommended for Sponsorship ($25,000). Sponsorship benefits include: Extensive paid social media campaign targeting businesses in Cumberland; Logo inclusion on signage, advertising and promotional flyers; Opportunity to display Council signage at the activity; Sponsor recognition in media releases; Opportunity to present speech at activity; Opportunity to run a Council stall at the activity; Dedicated advertising space in the Auburn Review and e-newsletters to existing business database.	This application clearly addresses the assessment criteria by: · Providing a range of marketing and publicity opportunities for Council. · Supporting local businesses to achieve goals in the Community Strategic Plan. · Promoting Cumberland’s diversity and brand positioning, including economic development outcomes. · Directly supports Council’s Business Engagement Program by increasing Council’s profile and engagement with local businesses.
Careflight Limited	Sponsorship of the Careflight Rapid Response Helicopter service, which is based at Westmead Hospital. The service aims to provide a rapid response service for individuals who have been involved in serious trauma incidents across Sydney. Since 2017, Careflight has been tasked with 30 missions within the Cumberland LGA. The service is funded by donations from the community and corporate partnerships and operates at no cost to patients.	$25,000	Not recommended for Sponsorship. Sponsorship benefits include: Logo inclusion on signage, advertising, promotional flyers, Careflight helicopter and website; Recognition in the Careflight annual report; Digital activation opportunities.	The program provides a service that is accessible by Cumberland residents, however, the application does not meet the relevant assessment criteria. There were also no demonstrated strategies of how the organisers would engage and reach the broader Cumberland community as this is a state wide service. The application will be referred to ClubGrants as a potential funding program for this service.

Applicant

Project

Amount Requested

Recommendation

Comments

Precedent Productions Pty Limited

Sponsorship of the Local Business Awards, an award and recognition program that seeks to highlight outstanding local business in the Cumberland LGA.

The presentation evening will be held at the Wentworthville Leagues Club and will provide significant exposure and marketing opportunities to Council and local business. Council will be provided with the opportunity to present awards to category winners on the night with 450 people anticipated to be in attendance.

$25,000

Recommended for Sponsorship ($25,000).

Sponsorship benefits include: Extensive paid social media campaign targeting businesses in Cumberland; Logo inclusion on signage, advertising and promotional flyers; Opportunity to display Council signage at the activity; Sponsor recognition in media releases; Opportunity to present speech at activity; Opportunity to run a Council stall at the activity; Dedicated advertising space in the Auburn Review and e-newsletters to existing business database.

This application clearly addresses the assessment criteria by:

· Providing a range of marketing and publicity opportunities for Council.

· Supporting local businesses to achieve goals in the Community Strategic Plan.

· Promoting Cumberland’s diversity and brand positioning, including economic development outcomes.

· Directly supports Council’s Business Engagement Program by increasing Council’s profile and engagement with local businesses.

Careflight Limited

Sponsorship of the Careflight Rapid Response Helicopter service, which is based at Westmead Hospital.

The service aims to provide a rapid response service for individuals who have been involved in serious trauma incidents across Sydney. Since 2017, Careflight has been tasked with 30 missions within the Cumberland LGA.

The service is funded by donations from the community and corporate partnerships and operates at no cost to patients.

$25,000

Not recommended for Sponsorship.

Sponsorship benefits include:

Logo inclusion on signage, advertising, promotional flyers, Careflight helicopter and website; Recognition in the Careflight annual report; Digital activation opportunities.

The program provides a service that is accessible by Cumberland residents, however, the application does not meet the relevant assessment criteria.

There were also no demonstrated strategies of how the organisers would engage and reach the broader Cumberland community as this is a state wide service.

The application will be referred to ClubGrants as a potential funding program for this service.

Community Engagement

Council will notify both applicants of the outcome of their application. Any unsuccessful applicants are offered feedback and advice on other available funding programs that would be more suited to their project or activity.

Information about Council’s Sponsorship Program will continue to be widely promoted and made available to the community until funds are exhausted or until 30 June 2020. It should be noted that most enquiries about the Sponsorship Program in 2019/20 have been deemed more suitable for Council’s Community Grants Program and referred to the relevant Council officers.

Policy Implications

Council’s Sponsorship Policy provides the framework under which outgoing sponsorship from Council is governed. The Policy ensures Council meets legislative requirements prescribed in Section 356 of the Local Government Act 1993. All applications submitted to the Sponsorship Program have been assessed in accordance with this Policy.

Risk Implications

Council has put in place appropriate monitoring, acquittal and accountability measures for recipients of the Sponsorship Program to ensure funds are spent in accordance with the Guidelines.

Financial Implications

There is currently a total pool of $50,000 available in 2019/20 Sponsorship Program budget to fund the application recommended for sponsorship.

Council’s recommended sponsorship contribution of $25,000 to Precedent Productions for the Cumberland Local Business Awards 2020 offers a more cost effective option when compared to the cost and resourcing involved in Council staging its own Local Business Awards Program. The total estimated value of the Local Business Awards is $50,000. Precedent Productions will source additional sponsors to cover the remaining expenses associated with the program.

If supported by a Council resolution, a total of $25,000 will remain in the 2019/20 Sponsorship Program budget. Should these funds not be allocated by Council by 30 June 2020, they will be provided as an efficiency saving towards the end of year budget result for 2019/20.

CONCLUSION

The Cumberland Sponsorship Program aims to support the delivery of activities and projects that build a vibrant and sustainable Cumberland. A total of $50,000 in outgoing sponsorship is available in 2019/20.

Expressions of Interest for the Cumberland Sponsorship Program opened on 1 September 2019. Council has received a total of two sponsorship applications requesting a total of $50,000 to date. Following staff assessments, this report recommends that Council sponsor one application received from Precedent Productions Pty Limited a total of $25,000 to deliver the Cumberland Local Business Awards 2020.

Attachments

1. Sponsorship Policy

2. Sponsorship Guidelines

Council Meeting

18 December 2019

Item No: C12/19-325

Response to Mayoral Minute – Enhancement of Business and Employment Opportunities in Cumberland

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: MM10/19-11

Community Strategic Plan Goal: A strong local economy

Summary

This report provides a response to the Mayoral Minute - Enhancement of Business and Employment Opportunities in Cumberland resolved at the Ordinary Meeting of Council on 2 October 2019 (Min. 715 – MM10/19-11) and provides an update on the enhancement of business and employment opportunities in Cumberland, as well as promotion of Cumberland as an attractive place to do business.

Recommendation

That Council receive and note the information contained in this report.

Report

Background

At the Ordinary Meeting of Council on 2 October 2019, Council considered a Mayoral Minute [Min 715 - MM10-19-11] and resolved:

That Council:

1. Be provided with a report that will further enhance land identified within the LGA that can be rezoned to suitable employment zoning to increase the opportunities for companies and address some of the shortages in such land types.

2. Approach companies such as but not limited to Kaufland to consider the Cumberland LGA as a prime position for a future outlet location.

3. Promote Cumberland through our website, The Western Sydney Business Chamber and council's existing quarterly publications as a central location for future business operations an employment hub.

There are various factors which influence business decisions. While Council has a critical role to play in planning and development decisions and minor infrastructure investment, Council has limited control over macro-economic conditions and major infrastructure investments, which affect business decisions and confidence. Council can, however, play a meaningful and effective role in ensuring the local planning framework fosters economic development by playing to our strengths in the area and our relationship with Greater Sydney, as well as implementing initiatives to meet the needs of business, support business networks, and promotion of the local area as an attractive place for investment.

Strategic Opportunities for Employment Lands

The Cumberland Employment and Innovation Lands Strategy was adopted by Council in May 2019. The strategy focuses on supporting innovation and potential within Cumberland that will deliver a diverse range of attractive jobs close to home for the Cumberland community.

This strategy recognises the strategic importance of Council’s employment lands, within the context of the Central City District, as well as the importance of Cumberland’s strong freight, logistics and advance manufacturing industries. It acknowledges the importance of facilitating a transition to an increasingly knowledge and technology based economy, within these industry specialisations, as well as fostering the growth of new and emerging industry sectors, including allied health, digital media and creative industries.

The strategy also identifies key employment and innovation land precincts. Each precinct provides different opportunities to foster employment to reflect the current and emerging needs for jobs and how this supports the Cumberland community. The precincts are shown in Figure 1.

Figure 1: Strategic Employment and Innovation Precincts in Cumberland

A key opportunity for employment lands is supporting the transition of employment lands to meet current and future needs by ensuring that the productivity of existing precincts is maintained and strengthened. This is being achieved in a number of ways:

· Market opportunities that take advantage of current employment lands and planning controls, as they respond to Cumberland’s location and customer needs. An example of this approach is the redevelopment of strategic sites in South Granville and Auburn to provide facilities for first mile / last mile storage and distribution, and intensification of existing industrial areas through additional facilities or changes in operating hours

· Review of planning controls through the new Cumberland Local Environmental Plan and new Cumberland Development Control Plan to support current and emerging industries. An example of this approach is the review of permitted land uses for B4 Mixed Use and B6 Enterprise Corridor in the LEP to ensure that the zoning facilitates a variety of land use activities, supported by detailed planning guidance in the DCP to balance economic development and mitigate local impacts.

· Collaborating with government, industry and community stakeholders in ensuring that planning, advocacy and investment activities can foster a strong local economy and promote Cumberland and attract new business and industry opportunities.

Council is also involved in supporting future opportunities to further enhance land for employment purposes. One example is the ongoing planning with the NSW Government for the Greater Parramatta to Olympic Park (GPOP) corridor, which includes parts of the Cumberland area in Auburn and Lidcombe. New opportunities focused on promotion of Cumberland as an attractive place to do business is discussed later in this report. Another example is the role of Council in considering planning proposals that enable new and enhanced employment activities.

Approaches to Targeted Businesses

Council is currently recruiting for an Economic Development Coordinator to sit within the Place and Engagement Team. This role will play a key role, together with Council’s Business Engagement Coordinator and Strategic Planning Team, in developing Council’s open for business and investment approach.

Council has also been developing its relationship with partners such as Regional Development Australia and is proactively supporting new businesses looking to establish in Cumberland. Over the last few months, Council has provided support to a number of businesses seeking to identify suitable sites to relocate their businesses within the Cumberland area. This has involved connecting businesses to suitable land owners and providing assistance through the pre-DA process.

Promotion of Cumberland

Council’s new website has been updated with information to promote Cumberland as a central location for future business operations and as an employment hub. The website includes a page on ‘Investing in Cumberland’ which highlights the key benefits and points of difference that Cumberland offers.

The website also provides information about support services and resources available, including links to State and Federal Government initiatives, easy guidelines to starting-up business in Cumberland and information on Council programs that build local business capacity.

Council will continue to build the profile of Cumberland and demonstrate its commitment to business through hosting business association events and working with local business chambers to support and connect with industry. These include activities such as:

· Promoting Cumberland through attendance and participation in networks and events such as the Western Sydney Business Chamber, local economic development networks, and industry specific briefings.

· Promoting Cumberland as ‘Open for Business’ and profiling key areas and industries in Council’s monthly Business Newsletter which currently reaches approximately 8,000 members.

· Hosting business events such as the Cumberland Business Networking Event hosted by Council in October 2019, which attracted over 100 businesses from both the Cumberland area and across Sydney. The event was delivered in partnership with NSW Department of Industry, Cumberland Business Chamber and Western Sydney Business Centre and focused on the topic of ‘smart strategies,’ including the integration of artificial intelligence technologies.

In addition, Council is part of the Greater Parramatta Olympic Peninsula area, and is included in the Greater Parramatta and the Olympic Peninsula The Future Made Here investment prospectus. The prospectus promotes investment in the GPOP area, including the “range of urban services and advanced-technology industries in the suburbs of Camellia, Rydalmere, Silverwater and Auburn.” Council will register with the NSW Government Investment Concierge to participate in the Greater Parramatta and the Olympic Peninsula Familiarisation Program in March 2020. The program is being coordinated by the Greater Sydney Commission and will showcase the area to international businesses. There will be potential for Council to leverage this opportunity to other parts of Cumberland.

Collaborating with the NSW Government

Council works closely with relevant NSW Government agencies. In addition to organising a deputation to the NSW Office of Small Business Commissioner (OBSC), Council will also continue to build partnerships with the Trade, Tourism, Investment and Precincts NSW under NSW Treasury and to the NSW Department of Planning, Industry and Environment who play an active role in helping businesses both domestic and overseas establish, innovate and grow in NSW. Council also works closely with the Greater Sydney Commission in ensuring that our strategic planning work supports economic development in the Cumberland area.

Community Engagement

There are no consultation processes for Council associated with this report.

Policy Implications

The Cumberland Employment and Innovation Lands Strategy and implementation of the new Cumberland Local Environmental Plan and new Cumberland Development Control Plan provides the local policy framework that supports economic development and initiatives. This strategy and plans aligns with the broader planning framework, including the Central City District Plan and Cumberland 2030: Our Local Strategic Planning Statement.

Risk Implications

There are minimal risk implications for Council associated with this report, other than delays in finding a suitably qualified and experienced Economic Development Coordinator to drive Council’s open for business and investment approach. The policy framework has been established, and a range of local business initiatives are being implemented. New opportunities, such as the Greater Parramatta and the Olympic Peninsula Familiarisation Program in early 2020 will continue to be identified and incorporated into Council’s work program as appropriate.

Financial Implications

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

CONCLUSION

While Council has a critical role to play in planning and development decisions and minor infrastructure investment, Council has limited control over macro-economic conditions and major infrastructure investments, which affect business decisions and confidence. Council can, however, play a meaningful and effective role in ensuring the local planning framework fosters economic development by playing to our strengths in the area and our relationship with Greater Sydney, as well as implementing initiatives to meet the needs of business, support business networks, and promotion of the local area as an attractive place for investment.

Attachments

1. Greater Parramatta and the Olympic Peninsula The Future Made Here investment prospectus

Council Meeting

18 December 2019

Item No: C12/19-326

Proposed Other Land Use Based Development Controls and Other Matters 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 some of the proposed planning controls to be included in the new Cumberland DCP. It recommends that Council endorse the planning approach for other land use based development and identified miscellaneous controls. The report also recommends that Council endorse the carryover of site specific development controls for a further location 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 to controls for other land use based development in the Cumberland area, as provided in Attachment 1.

2. Endorse the planning approach for identified miscellaneous planning controls in the Cumberland area, as provided in Attachment 2.

3. Endorse the carryover of precinct controls for a further location covered under existing Development Control Plans in the Cumberland area, as provided in Attachment 3.

4. 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 a Development Control Plans (DCP), which are available on Council’s website. The current approach does not provide an integrated planning framework for the Cumberland areas, 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 other land use planning and miscellaneous controls within the new Cumberland DCP, as shown in Figure 1.

Figure 1: Proposed Planning Controls Covered in Council Report

Part E - Other Land Use Based Development Controls

This part of the DCP contains relevant controls that can apply to specific other land use developments within the zones where these other land uses are permitted under the Local Environmental Plan.

The DCP provides detailed design controls and development principles for a range of development types, including:

· Places of public worship,

· Child care centres,

· Educational establishments,

· Community facilities, and

· Sex service premises.

The recommended 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. SEPP (Exempt and Complying Development Codes) 2008, SEPP (Education Establishments and Child Care Facilities) 2017, Public Health Act 1991, the Child Care Planning Guideline, the Development near Rail Corridors and Busy Road Interim Guideline and Health and Safety Guidelines for Brothels Guide 2001).

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

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. Council previously endorsed the planning approach for a range of miscellaneous development controls at the meeting of 4 December 2019.

Further sections in these controls relate to:

· Tree management

· Soil management

· Environment and waterways, and

· Telecommunications facilities

This report recommends that Council adopt the planning approach on these matters as outlined in Attachment 2.

Carryover of site specific controls

Council has previously endorsed the carryover of a range of precinct and site specific development controls across the Cumberland area at the meeting of 16 October 2019. The DCP review process has identified a further location, the Yennora Distribution Park, where site specific controls have been prepared.

This report recommends that Council carryover the development controls for this site, as provided in Attachment 3. This approach will retain the status quo for planning controls at this location, providing continuity where detailed planning work has been previously undertaken.

Further updates to the identified precinct and site specific development controls can be undertaken, if required, following the completion of work for the new Cumberland DCP.

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 other land use based development and identified miscellaneous controls. The report also recommends that Council endorse the carryover of site specific development controls for a further location in the Cumberland area. This information will be included in the draft Cumberland DCP that is currently being prepared.

Attachments

1. Proposed Other Land Use Planning Controls

2. Proposed Miscellaneous Development Controls - Tree Management

3. Site Specific Controls for Yennora Distribution Park

Council Meeting

18 December 2019

Item No: C12/19-327

New Cumberland Development Control Plan – Draft Chapter for Part A Introduction and General Controls

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: S-5750-01

Community Strategic Plan Goal: A resilient built environment

Summary

This report recommends that Council endorse the draft chapter for Part A Introduction and General Controls, for inclusion in the draft Cumberland DCP that is currently being prepared. The contents of the chapter is based on the planning approach previously endorsed by Council.

It is anticipated that consultation on the draft Cumberland DCP in its entirety will be undertaken in early 2020, following endorsement of all DCP chapters by Council.

Recommendation

That Council:

1. Endorse the draft chapter for Part A Introduction and General Controls, as provided in Attachment 1, for inclusion in the draft Cumberland Development Control Plan.

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

3. Consult with the community on the draft chapter, following endorsement of all chapters of the draft Cumberland Development Control Plan by Council.

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 the draft chapter for Part A Introduction and General Controls, as shown in Figure 1.

Figure 1: Draft DCP chapter recommended for endorsement

Council has previously considered and endorsed the planning approach for the various chapters in the new Cumberland DCP. The draft chapter has been prepared in accordance with these Council resolutions, as outlined in Table 1.

It is recommended that Council endorse the draft chapter for Part A Introduction and General Controls, as provided in Attachment 1. Subject to endorsement, the draft chapter will be included in the draft Cumberland DCP.

It is anticipated that consultation on the draft Cumberland DCP in its entirety will be undertaken in early 2020, following endorsement of all DCP chapters by Council.

Date	Item No.	Report	Resolution
16 October 2019	C10/19-247	Preparation of a new Cumberland Development Control Plan	Council noted the approach and key milestones for the preparation of the new Cumberland Development Control Plan
6 November 2019	C11/19-268	Proposed Introduction and General Controls for inclusion in the new Cumberland DCP	Council endorsed the planning approach to the introduction and general controls for development in the Cumberland area

Table 1: Council resolutions for draft DCP chapter

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 draft DCP chapter will assist Council in meeting these milestones.

Financial Implications

CONCLUSION

The preparation of a new Cumberland Development Control Plan (DCP) is underway. This report recommends that Council endorse the draft chapter for Part A Introduction and General Controls, for inclusion in the draft Cumberland DCP that is currently being prepared. The contents of the chapter is based on the planning approach previously endorsed by Council.

Attachments

1. Draft Cumberland Development Control Plan – Part A Introduction and General Controls

Council Meeting

18 December 2019

Item No: C12/19-328

New Cumberland Development Control Plan – Draft Chapter for Part B Development in the Residential Zones

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: S-5750-01

Community Strategic Plan Goal: A resilient built environment

Summary

This report recommends that Council endorse the draft chapter for Part B Development in the Residential Zones, for inclusion in the draft Cumberland DCP that is currently being prepared. The contents of the chapter is based on the planning approach previously endorsed by Council.

It is anticipated that consultation on the draft Cumberland DCP in its entirety will be undertaken in early 2020, following endorsement of all DCP chapters by Council.

Recommendation

That Council:

1. Endorse the draft chapter for Part B Development in the Residential Zones, as provided in Attachment 1, for inclusion in the draft Cumberland Development Control Plan.

3. Consult with the community on the draft chapter, following endorsement of all chapters of the draft Cumberland Development Control Plan by Council.

Report

Background

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 the draft chapter for Part B Development in the Residential Zones, as shown in Figure 1.

Figure 1: Draft DCP chapter recommended for endorsement

It is recommended that Council endorse the draft chapter for Part B Development in the Residential Zones, as provided in Attachment 1. Subject to endorsement, the draft chapter will be included in the draft Cumberland DCP.

It is anticipated that consultation on the draft Cumberland DCP in its entirety will be undertaken in early 2020, following endorsement of all DCP chapters by Council.

Date	Item No.	Report	Resolution
16 October 2019	C10/19-247	Preparation of a new Cumberland Development Control Plan	Council noted the approach and key milestones for the preparation of the new Cumberland Development Control Plan
6 November 2019	C11/19-269	Proposed Residential Planning Controls for inclusion in the new Cumberland DCP	Council resolved to endorse the planning approach to controls for residential development in the Cumberland area

Table 1: Council resolutions for draft DCP chapter

Community Engagement

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

Policy Implications

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 draft DCP chapter will assist Council in meeting these milestones.

Financial Implications

CONCLUSION

The preparation of a new Cumberland Development Control Plan (DCP) is underway. This report recommends that Council endorse the draft chapter for Part B Development in the Residential Zones, for inclusion in the draft Cumberland DCP that is currently being prepared. The contents of the chapter is based on the planning approach previously endorsed by Council.

Attachments

1. Draft Cumberland Development Control Plan – Part B Development in the Residential Zones

Council Meeting

18 December 2019

Item No: C12/19-329

Cumberland Local Infrastructure Contributions Plan

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: SC708

Community Strategic Plan Goal: A resilient built environment

Summary

This report provides an update on the Cumberland Local Infrastructure Contributions Plan.

Following Council’s endorsement of the draft plan in September 2019, public exhibition was undertaken during October 2019 and November 2019. Three submissions were received and reviewed, with minor editorial changes made to the plan.

It is recommended that Council support the adoption of the Cumberland Local Infrastructure Contributions Plan. The plan provides a framework that enables a more consistent approach for the collection and expenditure of development contributions, aligned with Cumberland’s forecast population growth and Council’s infrastructure strategies. The plan also delivers on an action identified in Cumberland 2030: Our Local Strategic Planning Statement, which was endorsed by Council in November 2019.

Recommendation

That Council:

1. In accordance with Part 4, Division 3, Section 31 of the Environmental Planning & Assessment Regulation:

a. Adopt the draft Cumberland Local Infrastructure Contributions Plan with noted minor changes, and that the plan be further referred to as the Cumberland Local Infrastructure Contributions Plan 2020;

b. Give public notice within 28 days of its decision that the Cumberland Local Infrastructure Contributions Plan 2020 comes into effect from 15 January 2020;

2. Note that the application of ‘existing plans’ is to be superseded by the Cumberland Local Infrastructure Contributions Plan 2020 for any new development applications, planning proposals or voluntary planning agreement offers received from 15 January 2020;

3. Note that Cumberland officers are liaising with City of Parramatta officers to repeal all ‘existing plans’, when all land within the boundaries of those plans no longer apply; and

4. Review the Cumberland Local Infrastructure Contributions Plan, with a further report to Council by June 2023.

Report

Context

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.

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 and recommendation on the new Cumberland Local Infrastructure Contributions Plan.

Cumberland Local Infrastructure Contributions Plan

Key elements

The Cumberland Local Infrastructure Contributions Plan (Attachment 1) 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 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 1. Contributions are estimated to cover 76% of the total costs for identified infrastructure works in the plan. 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 1: Summary of infrastructure costs in new 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 Section 7.11 rate is outlined in Table 2 and the Section 7.12 levy is outlined in Table 3.

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 2: Section 7.11 rates under new contributions plan

Construction cost	Rate	Application to Development Type
Up to and including $100,000	Nil	Not applicable to residential / mixed use development
$100,001 - $199,999	0.5%	As identified in section 4.1 and table 13 of this plan. Cost of works to be accepted by Council for levy application
$200,000 plus	1%	As identified per section 4.1 and table 13 of this plan. Cost of works to be accepted by Council for levy application

Table 3: Section 7.12 levies under new contributions plan

The 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.

Public exhibition and post consultation review

The draft Cumberland Local Infrastructure Contributions Plan was placed on public exhibition from 8 October 2019 to 6 November 2019. The draft plan was advertised in the Auburn Review and Parramatta Advertiser. A copy of the draft plan was available via Council ‘Have your Say’ website, Council Auburn and Merrylands Administration Buildings and Council Auburn and Merrylands Libraries. Council ‘Have your Say’ webpage recorded that there were 74 visits from 44 unique visitors and 31 downloads of the draft plan.

Council received three submissions during the exhibition period. Council also informed the City of Parramatta Council on the draft contribution plan, with an acknowledgement letter received. Further details on the submissions are provided in Attachment 2.

A post consultation review identified minor editorial changes to the Cumberland Local Infrastructure Contributions Plan. These changes are generally for clarity of application, spelling or text errors and formatting.

Comparative analysis of contribution rates

A comparison of the proposed contribution rate with other Councils in metropolitan Sydney has been undertaken, based on a two bedroom dwelling rate that represents a typical form of development. It indicates that the proposed contribution rate for a two bedroom dwelling in Cumberland (at $15,679) is similar to other areas, with many of these areas also experiencing population growth and urban development activity. Further information is provided in Table 4.

Contributions plan	2 bedroom rate*
Strathfield Contributions Plan 2010	$16,202 - $20,000
Campbelltown Contributions Plan 2018	$12,946
Former Hurstville Contributions Plan (Amendment 2) 2017 (now part of Georges River)	$13,558
Sutherland Contributions Plan 2016	Per dwelling: $19,372 - $19,948
Canada Bay Contributions Plan 2017	$15,132
Former Canterbury Contributions Plan 2013 (now part of Canterbury-Bankstown)	$14,549
City of Parramatta S94 Contribution Plan (Former Hornsby LGA land and Epping Town Centre) 2017	$15,227 - $20,000
City of Parramatta S94A (Amendment 4) Parramatta City Centre Contribution Plan (3% rate for Parramatta CBD)**	Average: $14,300
Blacktown Contribution Plan No. 19 2019 (Per Person and Square Metre Development Rate for Blacktown CBD)	Average: $18,500

* = Rates are based on the Section 7.11 contribution rate from date of plan, with indexation not included in rate. This means that the current rate may be higher than shown in the table

** = Average rate based on analysis of the Section 7.12 levy that applies to the Parramatta CBD

Table 4: Comparison of contribution rates

As a guide, the typical contribution rate under current plans within the Cumberland area are as follows:

· Holroyd Section 94 Development Contributions Plan 2013: $15,262 - $16,089 for key centres as a two bedroom rate, and $8,798 for other areas as a two bedroom rate

· Pemulwuy Contributions Plan 2015: $10,004 per dwelling lot

· Auburn Development Contributions Plan 2007 (Amendment 1): $6,322 as a two bedroom rate

· Parramatta Section 94A Development Contributions Plan (Amendment No. 5): a 1% levy applies. The value for a two bedroom rate varies, depending on the cost of development

· Neil Street Precinct – Schedule 2, Ministerial Direction 2012: $24,024 as a two bedroom rate

Recommendation

It is recommended that Council support the adoption of the Cumberland Local Infrastructure Contributions Plan as prepared. The draft plan was endorsed by Council in September 2019 to proceed to public exhibition, and provides a framework that enables a more consistent approach for the collection and expenditure of development contributions, aligned with forecast population projections and Council infrastructure strategies.

A review process will be undertaken for the new Cumberland Local Infrastructure Contributions Plan once introduced, with a further report to Council provided by June 2023. This enables an appropriate time for the new plan to be established, funds collected and expended, and effectiveness of the new plan to be assessed.

Next Steps

As per the Environmental Planning & Assessment Regulation, Council is required to notify the community on the result of the Council report. There are three variations for the notification:

1. Council adopt the Plan as prepared

Council must give public notice of its decision in a local newspaper within 28 days after the decision is made. A contribution plan comes into effect on the date that public notice of its approval is given in a local newspaper or on a later date specified in the notice.

2. Council not to proceed with the Plan

Council must give public notice of its decision in a local newspaper within 28 days after the decision is made. Notice of a decision not to proceed with a contribution plan must include the council’s reason for the decision.

3. Council to make significant amendments to Plan

Council must readvertise and publically exhibit the draft plan for a further 28 days for significant changes to the plan or for amendments that Council does not think fit.

It is recommended that Council support the adoption of the Cumberland Local Infrastructure Contributions Plan as prepared.

Subject to the Council officer recommendation being supported, the new Cumberland Local Infrastructure Contributions Plan will apply to new development applications, planning proposals or voluntary planning agreement offers received from 15 January 2020. The current development contribution plans will continue to be relied upon for existing development applications, planning proposals or voluntary planning agreement offers.

Subject to the Council officer recommendation being supported, the site specific contribution plans for remaining development sites at Pemulwuy and for the Neil Street Precinct will continue to apply, and be documented in the Cumberland Local Infrastructure Contributions Plan.

The adoption of the Cumberland Local Infrastructure Contribution Plan will supersede the existing contribution plans in force. It should be noted that Council is unable to repeal these plans, until such time as City of Parramatta has an adopted contribution plan that governs land within these existing plans. Council officers will continue to liaise with officers from the City of Parramatta on the status of the existing contribution plans.

Community Engagement

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

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.

The adoption of the Cumberland Local Infrastructure Contributions Plan will create a more consistent approach to development contributions across the Cumberland area. The new plan reflects recent population forecasts, with identified growth infrastructure works aligned with Council’s strategies and plans in meeting the future demand of the growing Cumberland community.

The adoption of the plan also delivers on an action identified in Cumberland 2030: Our Local Strategic Planning Statement. The action is under Local Planning Priority 3: Align local infrastructure delivery with planned growth.

Risk Implications

The development of a new contributions plan is 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. The plan also delivers on an action identified in Cumberland 2030: Our Strategic Planning Statement.

Should Council choose not to adopt the Cumberland Local Infrastructure Contributions Plan, existing development contribution plans would continue to apply. These plans are based on the former Council areas within Cumberland, with rates and infrastructure works not fully aligned to the needs of the community.

Financial Implications

The adoption of the Cumberland Local Infrastructure Contributions Plan will ensure identified infrastructure and proposed land acquisitions will meet the needs of the future community, and provide a mechanism for the majority of identified growth infrastructure to be funded by development. The infrastructure works identified in the plan are aligned to Council’s strategies and plans, as well as Council’s Capital Works Program.

Contributions are estimated to cover 76% of the total costs for identified infrastructure works in the plan. The difference between the total costs of work and cost from development will be covered through other funding sources over the life of the plan.

CONCLUSION

This report provides an update on the Cumberland Local Infrastructure Contributions Plan. It is recommended that Council support the adoption of the Cumberland Local Infrastructure Contributions Plan. The plan provides a framework that enables a more consistent approach for the collection and expenditure of development contributions, aligned with Cumberland’s forecast population growth and Council’s infrastructure strategies. The plan also delivers on an action identified in Cumberland 2030: Our Local Strategic Planning Statement, which was endorsed by Council in November 2019.

Attachments

1. Cumberland Local Infrastructure Contributions Plan 2020

2. Submissions Received

Council Meeting

18 December 2019

Item No: C12/19-331

Submission on the Draft Place-Based Infrastructure Compact for the Greater Parramatta to Olympic Peninsula Area

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: SC196

Community Strategic Plan Goal: A resilient built environment

Summary

In November 2019, the Greater Sydney Commission released A City Supported by Infrastructure: Place-based Infrastructure Compact Pilot (draft PIC), a draft infrastructure collaboration delivery model for the Greater Parramatta to Olympic Peninsula (GPOP) area.

This report presents a summary of the key issues and implications for Cumberland. It is recommended that Council provides a submission on the draft PIC. The submission needs to be provided in December 2019 to the Greater Sydney Commission as part of the public exhibition period on the report.

Recommendation

That Council:

1. Endorse the draft submission in Attachment 1 and forward to the Greater Sydney Commission; and

2. Delegate the General Manager to finalise the draft submission, including any minor typographical or editorial changes.

Report

Background

The Greater Parramatta to Olympic Peninsula (GPOP) is located in the centre of metropolitan Sydney, spanning the area from North Strathfield to Wentworthville (east-west) and Carlingford to Lidcombe (north-south), as shown in Figure 1. Parts of Lidcombe, Auburn, Granville, Westmead and Wentworthville fall within the GPOP area.

Figure 1: Greater Parramatta to Olympic Peninsula (GPOP)

The GPOP is a rapidly growing area of Sydney, and is expected to continue to generate significant jobs and new housing in the future. Substantial public and private investment in this area is occurring, including a new metro and light rail infrastructure.

Draft Place-based Infrastructure Compact

The Greater Sydney Commission’s Place-based Infrastructure Compact (draft PIC) takes a place-based approach to sequencing the anticipated growth and the infrastructure required to support this growth. The draft PIC is a collaborative model that seeks to facilitate collaboration between numerous government agencies and the relevant councils.

The draft PIC identifies a sequencing plan which prioritises the 26 precincts within the GPOP into three phases (Phase 1, Phase 2; and longer term (remaining) precincts). It also identifies a range of infrastructure proposals which encompass environment, water, culture, education, health, housing, justice and transport. The draft PIC notes that many of these proposals are subject to further investigation and State government funding decisions.

Infrastructure proposals within Cumberland, or close to Cumberland’s northern boundary, include:

· Education - primary and secondary school proposals servicing Westmead south, Granville, Wentworthville, and Pendle Hill

· Justice – police station upgrade at Granville

· Transport – north-south regional cycleway at Granville; Parramatta Road/James Ruse Drive future upgrade

Draft Submission

It is recommended that Council provide a submission on the draft PIC as part of the exhibition period for the document (Attachment 1). The submission will focus on the key issues and opportunities for Cumberland. Key issues include transport, integrated planning for Westmead and Wentworthville, education, environment and implementation. Key opportunities include place based planning and collaboration, and renewal of social housing.

Community Engagement

The draft A City Supported by Infrastructure: Place-based Infrastructure Compact Pilot for the GPOP is on public exhibition from 7 November to 18 December 2019. Council has an opportunity to provide a submission on the report.

Policy Implications

The contents of the submission align with the strategic directions and planning priorities outlined in Cumberland 2030: Our Local Strategic Planning Statement.

Risk Implications

As a Council located in the GPOP area, it is recommended Council endorse the submission and forward to the Greater Sydney Commission. As the exhibition period for submissions closes on 18 December 2019, the opportunity for Council to provide a submission will be missed if not supported by Council.

Financial Implications

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

CONCLUSION

This report provides an overview of the Greater Sydney Commission’s draft PIC, and the attached submission identifies the key issues and opportunities for Council. Feedback on the draft PIC will be incorporated into the Greater Sydney Commission’s recommendations to the NSW Government. It is recommended that Council forward the submission to the Greater Sydney Commission for inclusion in this process.

Attachments

1. Draft Cumberland Council submission – GPOP Place-based Infrastructure Compact Pilot

2. A City Supported by Infrastructure – Place-based Infrastructure Compact Pilot exhibition draft (November 2019)

Council Meeting

18 December 2019

Council Meeting

18 December 2019

Item No: C12/19-332

Review of Policies on Affordable Housing and Planning Proposal Notification

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: T-22/08/02

Community Strategic Plan Goal: A resilient built environment

Summary

This report recommends that Council’s policies related to affordable housing and planning proposal notification be re-adopted following a policy review process. This will provide continuity of these policies while strategic planning work continues.

Recommendation

That Council re-adopt the Interim Affordable Housing Policy and Planning Proposal Notification Policy.

Report

Interim Affordable Housing Policy

At the Ordinary Meeting of Council held on 5 July 2017, it was resolved that Council:

“1.Adopt the Cumberland Interim Affordable Housing Policy as attached

2.Endorse the initiation of discussions with local community housing providers regarding the allocation and management of the dwellings delivered under this policy.”

The policy has been used to inform a range of initiatives in the Cumberland area, such as discussions with local community housing providers, and the inclusion of affordable housing as a public benefit for some planning proposals.

As outlined in Cumberland 2030: Our Local Strategic Planning Statement, Council is continuing strategic planning work on further opportunities for affordable housing in the Cumberland area. As the review date for the policy has now passed, it is recommended that the Interim Affordable Housing Policy be re-adopted while Council’s strategic planning work is progressed. Any proposal for changes to the policy would be provided for consideration in a future Council report.

Planning Proposal Notification Policy

At the Ordinary Meeting of Council held on 1 February 2017, it was resolved that:

“1.The attached ‘Cumberland Council Planning Proposal Notification Policy’ be adopted.

2. This policy repeal previous notification requirements adopted for planning proposals by the former Auburn City Council on 21 November 2011 (Item 246/11) and 21 September 2011 (Item 292/11).

3. A public notice be included in the relevant local newspapers within Twenty- eight (28) days of a decision to make the ‘Cumberland Council Planning Proposal Notification Policy’ effective.”

This policy enables community feedback on planning proposals at the early stages, prior to Council considering whether or not a proposal should progress to the Department of Planning, Industry and Environment for a Gateway Determination. This is an effective approach for early community engagement on an important local issue.

As the review date for the policy has now passed, it is recommended that the Planning Proposal Notification Policy be re-adopted. It is noted that there may be an opportunity for the contents of this policy to be included in the next version of Council’s Community Engagement and Participation Strategy. Any proposal for changes to the policy would be provided for consideration in a future Council report.

Community Engagement

As no changes to these policies are recommended, no community engagement is required at this time.

Policy Implications

Policy implications have been outlined in the main body of this report.

Risk Implications

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

Financial Implications

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

CONCLUSION

A policy review process has been undertaken on affordable housing and planning proposal notification. It is recommended that Council re-adopt these policies.

Attachments

1. Interim Affordable Housing Policy

2. Planning Proposal Notification Policy

Council Meeting

18 December 2019

Item No: C12/19-333

Response to Notice of Motion - Melita Stadium and Everley Park Works

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: SC483

Community Strategic Plan Goal: A great place to live

Summary

This report provides a response to the Notice of Motion - Melita Stadium and Everley Park Upgrade Works resolved at the Ordinary Meeting of Council on 5 December 2018 (Min.377 C12/18-253).

Recommendation

That Council receive and note the contents of the report.

Report

At the Ordinary meeting of Council on 5 December 2018, Council considered the Notice of Motion – Melita Stadium and Everley Park Upgrade Works (Min.377 C12/18-253) and resolved that:

“1.Council receive a report on the feasibility of:

a. OHS (and other) improvements to Melita Stadium (‘Stadium’);

b. Renewing/rejuvenating the toilet block/change rooms behind the Stadium;

c. Installation of new seats at the Stadium;

d. Installation of a new state of the art score board at the Stadium; and

e. At Everley Park, the installation of a suitable;

i. Irrigation system;

ii. Flood lighting

iii. Canteen; and

iv. Clubhouse

2. If the above is deemed to be feasible, that funds be drawn off the Woodville Fund.

3. Council investigate the opportunity to seek external grant funding and corporate sponsors.”

Everley Park North and South

Everley Park is located within the Duck River Corridor and is bounded by the Duck River to the East, Everley Road to the North and Boundary Road to the South. Everley Park is classified as a sportsground and currently caters for a number of organised sporting activities including cricket, soccer and little athletics. The infrastructure within ground includes a canteen and amenities building on the Southern end of the ground and a canteen and amenities building to the Northern end of the ground which sits adjacent to a small children’s playground and picnic shelters.

Following receipt of this resolution, Council staff undertook an inspection of both Everley Park North and South to inspect the field and facilities, and to provide a cost estimate for the items specified within the resolution. The cost estimate for the works are contained in the table below;

Description of Works	Estimate
Irrigation system and Flood Lighting	$1,830,669
Canteen	$100,000
Clubhouse.	$300,000
Electrical substation upgrade	$500,000
Estimate of Works	$2,730,669

At present, Council is currently undertaking improvements to the Canteen at Everley Park South which is scheduled for completion by February 2020 and finalising the design for the clubroom extension to the existing amenities building at Everley Park North which is scheduled for tender in March 2020 with construction to commence by May 2020. These works were approved by Council at its meeting held on the 21^st August 2019 (Min 650).

It is recommended that the remaining works, the installation of a irrigation system and new flood lighting be incorporated into Councils future capital works program and undertaken in conjunction with upgrades of all Councils sportsground infrastructure inclusive of lighting, drainage, levelling of playing surfaces, new cloud master automation systems, fencing and access systems. These additional works will be highlighted in a further report to Council specifying the current condition and operational status of all of Councils sportsground infrastructure which will be submitted to Council for its consideration in June 2020.

Melita Stadium

Melita Stadium is located on Everley Road, South Granville and is the current home of the Granville Districts Soccer Association which incorporates Parramatta Men’s and Women’s Football Club. The stadium was formerly the home of the Melita Eagles, and has a capacity of 10,000.

In 2004, the former Parramatta City Council executed a lease with Parramatta Melita Eagles Pty Ltd for the exclusive use of the stadium and facilities. This lease is for a period of 21 years commencing December 2004 and terminating in December 2025, the provisions of the lease incorporate the exclusive use of the facility by the lessee with an annual rent payable of $5000 per annum which is subject to review with routine CPI increases, additionally, the lessee is responsible for all outgoings during the term of the lease.

In addition to the provisions highlighted above, Council staff have reviewed the lease with respect to each party’s obligations relating to Work, Health and Safety improvements to the Stadium itself. Obligations include:

- Under Clause 4 Capital Works, the lessee is to carry out the capital works listed in schedule 3 in a proper and workmanlike manner using good quality materials and suitably skilled labour, in compliance with all necessary permits, consents and applicable laws.

- Under Clause 7 Maintenance and Repair, the lessee is required to keep the Stadium and playing surface in good working order and condition, with maintenance obligations applying for a variety of fixtures, fittings and finishes. The Council has step in powers to carry out repair works if the lessee fails to comply with a defects notice, in the case of an emergency or to carry out structural works required for safety reasons.

- Clause 12.1 Indemnities and Release provides that the lessee occupies the facility at its risk and that Council is indemnified from claims other than for those involving a deliberate act or negligence of the Council or its contractors and employees.

- Under Clause 13, the lessee is identified as being responsible for miscellaneous matters including not misusing ventilation, cooking, fire prevention, water closet and utility equipment; not overloading the floor; pest control; lighting and heating; waste management; non use of dangerous goods; keeping exits clear of obstructions when the stadium is in use but otherwise securing doors and gates.

Attached to this report is a copy of the lease executed by the former Parramatta City Council (Attachment 1).

Beyond the review of the obligations with respect to each of the party’s statutory obligations contained within the lease, Council staff have also undertaken a review of the costs and overall feasibility of renewing the change room and facilities, installing new seats within the stadium and constructing a new scoreboard. The cost estimates for these works are provided below;

Melita Stadium	Estimate
Renewing/rejuvenating the toilet block/change rooms behind the Stadium.	$2,800,000
Installation of new seats at the Stadium.	$120,750
Installation of a new state of the art score board at the Stadium.	$113,460
Estimate of Works	$3,034,210

In consideration of Council’s immediate capital works and renewal priorities, Council is unable to fund the specified improvements referred to in the table above. A further review of the lease should therefore be undertaken to determine the operation and current compliance of the lease by both listed parties. In the context of the current status and remaining term of the lease, it is also recommended that Council liaise with the lessee in relation to obligations as specified within the provisions of the lease itself.

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

In consideration of Council’s immediate financial priorities, it is recommended that Council not proceed with any improvements to Melita Stadium. The financial impacts associated with the upgrade of Everley Park and other sportsgrounds within the Cumberland Local Government Area will be provided in a further report submitted to Council in June 2020.

CONCLUSION

It is recommended that no improvements be made to Melita Stadium and Council commence the appropriate planning in anticipation of the upcoming expiration of the lease. It is further recommended that the proposed improvements to Everley Park be undertaken in conjunction with the required upgrades to all of Council’s sportsground infrastructure across the Cumberland Local Government Area, a report recommending these improvements will be provided to Council for its consideration in June 2020.

Attachments

1. Melita Stadium Lease Agreement

Council Meeting

18 December 2019

Item No: C12/19-334

Development of Greystanes Skate Park

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: HC-20-02-15

Community Strategic Plan Goal: A great place to live

Summary

This report provides a response to the Notice of Motion – Development of a Greystanes Skate Park resolved at the Ordinary Meeting of Council on 6 March 2019 (Min.439 C03/19-24).

Recommendation

That Council:

1. Endorse area 2 within the Gipps Road Sporting Complex as the preferred location for a skate park.

2. Undertake community consultation on the proposal to construct a skate park within the Gipps Road Sporting Complex.

3. Commence the detailed design process incorporating community feedback.

4. A further report be bought back to Council following the completion of the community consultation and design process.

Report

At Council’s meeting of 6 March 2019, Item C03/19-24, Min. 439, Council considered a Notice of Motion relating to the development of a skate park within the Greystanes area. After consideration of this item, Council resolved the following:

“That Council:

1. Defer the matter pending a further report to Council on the feasibility of establishing a Skate Park in Gipps Rd Park, and that the Skate Park be incorporated into Council’s Open Space and Recreation Strategy.

2. Receive a briefing from the facilitator of the community forum which was held on 10 November 2018.”

Background

Whilst under Administration, Council at its Ordinary Meeting of 3 May 2017 resolved to endorse the need for a neighbourhood scale skate park in the Greystanes area. This resolution was reached following consideration of a background study (Greystanes Skate Facility Planning and Concept Design Study 2017), undertaken to identify skate park needs and opportunities across Cumberland and in order to provide the necessary planning context for the Greystanes proposal.

This resolution also called for further community engagement (conducted from 8 June to 16 July 2017) to gain community feedback on the preferred location for the skate park based on the three (3) proposed sites presented at that time, being Bathurst Street Park, Greystanes Sportsground and Dirrabari Reserve.

Council was unsuccessful in an initial grant application, envisaged to provide part funding for the project. Based on feedback received through the grant application process, initial community engagement and a further assessment of alternate suitable locations, Council Officers then undertook further community consultation during October - November 2018 (including a community forum on 10 November 2018 and an online survey) in order to determine the most desirable location within Greystanes.

The outcome of this community consultation revealed the strongest support for Bathurst Street Park and Darling Street Park locations however consideration then needed to be given to feedback received through the initial Community Building Partnership grant process. Eventually, Council’s second application for Community Building Partnership funding was successful with Council receiving a grant for $50,000 on 19 November 2018. Discussions with the grant agency representatives however indicated a preference for Council to construct the facility in other alternate locations.

Councillors were updated at this point during a workshop on 12 December 2018, where Councillors requested that staff explore alternate locations within the Greystanes area and Prospect electorate. It was also requested that based upon these investigations, that a report be prepared for Council to seek a variation on the Administrator’s resolution of May 2017.

Staff therefore explored the following alternate locations using the same suitability criteria that were applied to the earlier sites by external consultants:

- Civic Park, Pendle Hill

- CV Kelly Park

- Gipps Road Sportsground

- Girraween Park

- Harold Read Park

- Pendle Hill Park

Overall the highest scoring new site assessed was found to be the Gipps Road Sporting Complex. This venue rated high in the criteria required with area for a suitably sized skate park near to other play activities and amenities, pedestrian and cycle connections to the complex, public transport connections with close proximity to T-Way Bus services, suitable infrastructure to support the facility, suitable distance from residential areas and good surveillance. With other sporting activities at the complex, visitation is high and this would provide an additional attraction or activity for visitors to the complex. It is however noted that due to this location’s distance from residential areas, the site could be considered more suitable for a regional and district level facility rather than a local neighbourhood facility.

It is this assessment that was reported to Council on 6 March 2019, resulting in the current resolution to conduct a feasibility study of establishing a Skate Park in Gipps Road Sporting Complex and include the skate park into Council’s Open Space and Recreation Strategy.

Integration with Council’s Open Space and Recreation Strategy

The Draft Cumberland Open Space and Recreation Strategy (the Strategy) provides Council with a ten year (2019 - 2029) direction for open space, sport and recreation services and facilities including Youth Precincts.

Youth Precincts refer to youth-focused areas that provide spaces to gather and interact through active recreational pursuits. This includes skate parks, BMX tracks and youth plazas. It has also become ‘best practice’ to also co-locate these precincts with other sporting facilities, including indoor sports centres or youth centres.

Best practice youth recreation spaces are designed so they are located close to public transport, shops, schools and other facilities including amenities such as seating in groups, shelter, shade and bins; and involve young people (including girls, and culturally diverse young people) in the design and management.

Cumberland currently has two existing neighbourhood skate parks (Youth Precincts), those being at Wyatt Park, Lidcombe and Granville Park, Merrylands. Industry benchmarks indicate that one regional level youth recreation space should be provided per 50,000 people as a minimum (Growth Centres Commission and City of Parramatta). The NSW Office of Sport has also found that the provision of skate-parks across Greater Sydney is 1 per 56,407 people. In considering these indicators it could be determined that the Cumberland Local Government area is currently under-supplied for youth recreation spaces with benchmarking indicating at least 4 additional regional facilities should be considered by 2026.

In consideration of this, the addition of a third neighbourhood skate park in the Greystanes Ward would provide a reasonable geographic spread of facilities, for wheeled sport participants and youth across the Cumberland Local Government Area.

Gipps Road Sporting Complex

Council staff have investigated suitable areas within the Gipps Road Sporting Complex to locate a district level youth and family skate space, in addition to completing a feasibility study and simple concept plans for those area options (see Attachment 1).

In this regard, four (4) areas were initially identified within the Sporting Complex however constraints relating to the feasibility of some of these areas would be prohibitive for the project. These constraints include the design not being able to be incorporated into the existing Landscape Masterplan, limitations with flood zoning and stormwater management, and the location of existing powerline easements.

The two (2) areas identified towards the front of the Complex (Areas 2 and 4 shown in Attachment 1) were therefore selected as more favourable for simple concept design, due to a lower number and complexity of constraints, pedestrian and pathway connectivity and higher passive surveillance. The simple concept sketches for both of these areas shown in Attachment 1, depict potential facilities for a range of age groups, abilities and range in level of expertise. These areas are discussed in more detail below.

Area 2

Area 2 was deemed feasible due to the size of area (1300m2), higher levels of passive surveillance, shade provision, greater connectivity, proximity to public transport, proximity to existing services and infrastructure including water bubblers, amenities, play items and picnic areas and the potential for development of a multi-use youth and family space.

It is however acknowledged that a number of site constraints exist with this location including the site being a low-lying area with close proximity to the creek line, flood zoning and subgrade implications, tree canopy cover, remnant Cumberland Plain Woodland native vegetation and powerline easements. While there are a number of constraints that have been identified, the positive aspects of this area are thought to be superior and it is envisaged that any constraints will be able to be mitigated through the expert technical design process.

Area 4

Area 4 was deemed feasible due to higher passive surveillance, a large expansive space (1700m2), proximity to current and future cycle and pedestrian connections and less inherent site restrictions. It does however rely on the implementation of the adopted Masterplan to better improve access and connectivity to the parkland.

Community Engagement

Council has notified members of the community who have been involved in consultation activities to date, of this report being presented to Council. Another round of community engagement will be undertaken in relation to the detailed design of the skate facility once the final site is approved by Council.

Policy Implications

Ongoing community consultation will be undertaken consistent with Council’s Community Engagement Policy. There are no other Policy implications for Council associated with this report.

Risk Implications

Should a site not be chosen for a skate park and the design not undertaken by March 2020, the $50,000 Community Building Partnership grant will need to be returned.

Financial Implications

Funds to undertake the initial concepts and design works have been allocated within the current financial year capital works budget.

CONCLUSION

In accordance with the resolution of Council, staff have undertaken an investigation into the feasibility of establishing a skate facility within Gipps Road Park.

With two potential feasible areas to locate a skate facility within the Gipps Road Sporting Complex, this report recommends that Area 2 be considered the most favourable and that on that basis, Council commence designing a district level youth and family skate space within that location.

Attachments

1. Feasibility Study for Skate Park at Gipps Road Sporting Complex

Council Meeting

18 December 2019

Item No: C12/19-335

Response to Matter of Urgency - Dumping of Trolleys from Pemulwuy Shopping Centre

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: HC-11-20-2

Community Strategic Plan Goal: A safe accessible community

Summary

This report provides a response to the Matter of Urgency – Dumping of Trolleys from Pemulwuy Shopping Centre resolved at the Ordinary Meeting of Council on 6 November 2019 (Min.758).

Recommendation

That Council:

1. Re-install the steel bollards at the intersection of pedestrian walkway and Driftway Drive, Pemulwuy.

2. Install two hooped bike racks on the pedestrian walkway, Western side of the Allan G Ezzy Community Centre.

Report

The Pemulwuy Shopping Centre, known as Pemulwuy Marketplace, is located at the corner of Greystanes Road and Butu Wargun Drive, Pemulwuy. Pemulwuy Marketplace is accessed by motor vehicles off Butu Wargun Drive and Newport Street, whilst an additional pedestrian access is provided by the walkway between residential flats at 120 and 124 Driftway Drive Pemulwuy. This walkway provides a direct pedestrian link to the residents living in the western areas of Pemulwuy via the footbridge across a small man-made lake.

Upon receipt of the resolution, Council staff undertook a site assessment to determine the feasibility of installing public domain infrastructure which will complement the public domain whilst mitigating the opportunity for anti-social behaviour along the walkway which results in shopping trolleys being dumped or left abandoned in the lake and surrounds.

The conclusion of the site assessment identified that the intersection of the walkway and the footpath on Driftway Drive currently has a provision for steel bollards, these bollards appear to have been removed by vehicles using the walkway as a service area. (Attachment 1).

In this regard, it is proposed as an immediate response that Council re-install new steel bollards which are cast into the ground and cannot be removed, so access is permanently restricted to pedestrians only.

Other opportunities which have been identified to mitigate instances of anti-social behaviour include the installation of public domain furniture immediately to the west of the Allan G Ezzy Community Centre car park (Attachment 2). At this location it is proposed that Council install hooped bike racks (Attachment 3) which are off set to each other and installed 15 metres apart.

The installation of hooped bike racks at this location which are off set to each other will provide a physical barrier and help reduce instances of anti-social behaviour which could result in shopping trolleys being left abandoned or dumped in the lake and surrounds, whilst still allowing the free access of pedestrians, prams and wheelchairs.

Additionally, the installation of hooped bike racks at this location will also provide additional amenity to bicycle riders and help promote the use of bicycles within the community of Pemulwuy.

Community Engagement

There are no formal 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

Funds are available within Council’s road maintenance operational budget to re-install the steel bollards at the walkway intersection on Driftway Drive and to fund the installation of hooped bike racks on the walkway on the Western side of the Allan G Ezzy Community Centre.

CONCLUSION

Following the conclusion of the site assessment undertaken by Council staff, it is recommended that Council re-install the steel bollards at the walkway intersection of Driftway Drive and install hooped bike racks on the walkway on the Western side of the Allan G Ezzy Community centre.

Attachments

1. Intersection of Walkway and Footpath - Driftway Drive

2. Indicative Location of Semi Hoop Bike Racks

3. Semi Hoop Bike Racks

Council Meeting

18 December 2019

Item No: C12/19-336

Response to Notice of Motion - Naming Proposal Mona Park Sportsground 3

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: P-02-05/03

Community Strategic Plan Goal: A great place to live

Summary

This report provides a response to the Notice of Motion – Naming Proposal – Mona Park Sportsground 3 resolved at the Ordinary Meeting of Council on 4 September 2019 (Min.679).

Recommendation

That Council rename Mona Park Sportsground 3 to Michael John Wood Oval.

Report

At the Ordinary Meeting of Council held on 4 September 2019, Council considered the Notice of Motion – Naming Proposal – Mona Park Sportsground 3 and resolved (Min 679):

“That Council:

1. Mona Park Sportsground 3 be named after Mr Michael John Wood, the long

term Auburn Shire District Cricket Club Secretary; and

2. The proposal be placed on public exhibition for 28 days.”

The Mona Park Sportsground complex is located on the corner of Chisholm Road and Mona Street, Auburn. At present four sportsgrounds are located within the complex and depending on the season these sportsgrounds service a number of sports.

These sports include, cricket, men’s and women’s Australian football, soccer and organised recreational activities. In the context of sportsgrounds and sporting facilities within the Cumberland Local Government Area, the Mona Park Sportsground complex is considered a premier division ground with good facilities and amenities. At present a committee which supports Council in the management and provision of services to the complex currently operates and meets routinely, The Mona Park Committee provided a submission to Council during the public exhibition period.

Within the complex, two of the four sportsgrounds are currently named after George Parry (Mona Park 1) and Dave Tribolet (Mona Park 2). There are currently no alternative names for the Mona Park 3 and 4 sportsgrounds. The current layout of the Mona Park sportsground is provided in Attachment 1 of this report.

Following receipt of Council’s resolution, Council staff began the consultation process with key stakeholders and placed the proposal to rename Mona Park 3 on public exhibition for a period of 30 days.

Public submissions were provided through Council’s website ‘Have Your Say’ and by email. Council received 58 ‘Have Your Say’ submissions and two emails during the 30-day exhibition period, it is noted that one email submission is a duplicate submission and therefore a total of 59 submissions have been received. The summary of the submissions received is provided in Attachment 2 of this report.

Community Engagement

The proposal was placed on public exhibition commencing on Tuesday 8 October and concluded on Thursday 7 November 2019.

Details of the public exhibition were notified to the community and stakeholders through:

· Advertisements published in the Auburn Review on 15 October 2019 and the Parramatta Advertiser on 16 October 2019.

· Council directly contacted the following user groups, Mona Park Committee, Auburn District Cricket Club, Auburn Giants AFC Inc, Bantal Pulaar Community, Cumberland City Football Club and Live Life Get Active.

· Council’s ‘Have Your Say’ online web page provided further information and the opportunity for the community to leave their feedback.

· Signs were erected at Mona Park.

All notifications invited community feedback by post, email or online. There were 219 visits to the ‘Have Your Say’ community engagement page during the public exhibition period.

The proposal received 58 submissions in favour and 1 against.

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

The proposed renaming of Mona Park Sportsground 3 to Michael John Wood Oval, was placed on public exhibition and 59 submissions were received. Following the public exhibition and consideration of submissions, it is recommended that the proposed renaming of Mona Park Sportsground 3 to Michael John Wood Oval be adopted.

Attachments

1. Mona Park Sportsground Layout

2. Summary of Submissions

Council Meeting

18 December 2019

Item No: C12/19-337

Oriole Park BaseBall Club Building

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: PKO01-09

Community Strategic Plan Goal: A great place to live

Summary

This report seeks to provide Council with options for consideration in regards to the ongoing use of the former Oriole Park Baseball Club, located at 27-29 Tavistock Street, Auburn. This report responds to the Council resolution (Min 380), from the ordinary meeting of Council held on the 5 December 2018.

Recommendation

That Council undertake an Expression of Interest (EOI) process to identify potential future uses for the Oriole Park Baseball Club Building.

Report

At the Ordinary meeting of Council on 5 December 2018, Council considered the Notice of Rescission - Oriole Park Baseball Club Demolition (Item 247/17) and resolved that the matter be rescinded (Min 379). Subsequently, Council at the same meeting then resolved (Min.380);

“That Council receive a report on the potential uses of the property and costs associated with the refurbishment of the property.”

The Oriole Park Baseball Club located at 27-29 Tavistock Street, Auburn, is owned by Cumberland Council and forms part of the former Oriole Park Baseball Stadium which sits within the Duck River corridor. The site has a long history in the latter half of the 20^th century for baseball in New South Wales. The Oriole Park Baseball facility incorporated a stadium and building and was the home of the Auburn Oriole’s Baseball Club from the 1960s up until the late 1990s.

The current building was constructed in 1954 and has received several modifications over the years. Since the facility ceased operating as the home of the Auburn Oriole’s Baseball Club, the grounds gradually degraded and a decision was made by the former Auburn City Council to demolish the stadium section of the facility in 2012. An historical undated photo of the facility shortly after construction is shown below;

In more recent years, the building area and the carpark (2053m2) which is situated next to the building was leased to Manildra Group, an Australian Agribusiness from 2005 to 2014.The lease fee payed by Manildra Group was approximately $270K per annum. Since this lease ceased operating the building has remained empty and the condition of the building has deteriorated. At present the building is used by Council on an interim basis.

The building and carpark area are currently fenced, alarmed and is routinely patrolled by Councils security contractor, however despite these measures, the building is subject to random acts of vandalism and anti-social behaviour. Photo of current building shown below.

Works Undertaken and Previous Resolutions of Council

During the Administration period of Council in early 2017, quotes were sought by Council staff to demolish the building and remediate the land beneath the building and carpark. At that time, estimates for these works to be undertaken were approximately $1.6 million.

In April 2017, Council staff internally assessed the cost to restore the building to an appropriate standard to enable commercial lease arrangements, at the time these estimates were $6.5 million and were based on assumptions in regard to the condition of certain elements of the building. In consideration of these estimates Council during the Administration period resolved to demolish the building (Min.187).

Subsequently this resolution of Council (Min.187) was rescinded by Council in December 2018 (Min.379), and a subsequent resolution of Council (Min.380) called for a report into the costs to refurbish the facility and its potential uses.

In May 2019, following receipt of the resolution of Council (Min.380), an independent quantity surveyor was engaged to provide a cost to refurbish the building and make it complaint with the current standards (Attachment 1), the costs inclusive of contingencies and margins to refurbish the building are $4.464 million.

At present, funds do not exist within Councils operational or capital works budget to fund the refurbishment or demolition of the building.

Current Planning Controls

Oriole Park is zoned RE1 ‘Public Recreation’ under the Auburn Local Environmental Plan (LEP) 2010. All lots within the site are classified operational land. Some of the lots within the subject site fall within the Duck River corridor which adjoins Duck River to the West.

The objectives of this zone under the current planning controls are:

· To enable land to be used for public open space or recreational purposes.

· To provide a range of recreational settings and activities and compatible land uses.

· To protect and enhance the natural environment for recreational purposes.

· To protect open space at riparian and foreshore locations.

The Land Use Table for this zone under the current planning controls is provided below.

Permitted without consent

Nil

Permitted with consent

Aquaculture; Centre-based child care facilities; Community facilities; Depots; Environmental facilities; Environmental protection works; Function centres; Information and education facilities; Kiosks; Markets; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Water recreation structures

Prohibited

Any development not specified in item 2 or 3

Proposed Planning Controls

Under the proposed planning controls as part of the new Cumberland LEP, Oriole Park will continue to have the same RE1 ‘Public Recreation’ zoning. However, there are changes to the objectives and the Land Use Table for the zone.

The objectives of the zone under the proposed planning controls are:

· To enable land to be used for public open space or recreational purposes.

· To provide a range of recreational settings and activities and compatible land uses.

· To protect and enhance the natural environment for recreational purposes.

The Land Use Table for this zone under the proposed planning controls is provided below.

Permitted without consent

Environmental protection works; Flood mitigation works

Permitted with consent

Aquaculture; Centre-based child care facilities; Community facilities; Depots; Environmental facilities; Function centres; Information and education facilities; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Take away food and drink premises; Roads; Signage; Water recreation structures; Water recycling facilities

Prohibited

Any development not specified in item 2 or 3

Potential Land Uses

The current and proposed planning controls allows for a limited range of permissible activities and uses, which subject to consent, could potentially complement the existing passive and recreational use of the Duck River corridor and activate the open space in around Oriole Park itself.

In this regard, Council staff have undertaken a review of the potential uses for the site which could be permitted with consent under the current zoning, these are highlighted and discussed below;

Community facility

Under the current and proposed planning controls, the construction of a community facility is permissible. However, considering the proximity of the site to existing Council owned community centres and the recent proposal to construct the South Auburn community centre this option would not be considered feasible. Other types of community facilities could include works depots or administration buildings, however considering the proximity to the current Council facilities and depots this option would also not be considered feasible.

Centre-based child care facilities

Potential exists for the provision of additional child care centres within the site, however given its location and proximity to public transport, consideration should be given to the current demand for additional services of this nature within the Auburn precinct prior to determining the overall feasibility of this option.

Environmental facilities

The current and proposed planning controls allows for the provision of a building or place that provides for the recreational use or scientific study of natural systems. Given the buildings location and proximity to the Duck River corridor and its significant natural environment this option could provide a unique opportunity for Council to explore further which could highlight the significance of the local natural environment.

Information and education facilities

This option would allow for the construction of a building used for providing information and education to visitors, local residents and the broader community. Considering the location of the site and its proximity to the Auburn Botanical Gardens and the Duck River the building could potentially be utilised for the exhibition or display of items, and can include amenities such as an art gallery, museum, library and visitor information centre.

Recreation areas

This option could include the development of new sports fields, improved passive open space, recreation facilities, playgrounds and picnic shelters which promote the use of the underutilised areas of the Duck River corridor and improve the overall utilisation of Oriole Park and improve its relationship to the rest of the Duck River corridor.

Recreation facilities (indoor)

Under the current and proposed planning controls, permissible activities may include a building or place used predominantly for indoor recreation such as a gymnasium, health studio, spas indoor aquatic venue or other types of health centres.

Recreation facilities (outdoor)

Potential exists for the building to be incorporated into a commercial activity which can be provided by the community and commercial sectors such as a golf driving range, mini golf, go- karts, paint ball facility or other similar commercial activity which is consistent with the zoning and its objectives.

Recreation facilities (major)

In consideration of the historical use of the area the site and surrounding areas, the site could be developed into a regional recreation facility. However, given its proximity to existing residential homes, consideration would need to be given to the impacts of operating such facilities to determine the overall feasibility and merit of this option.

Future Use and Recommendations

At present, the current zoning provides for a limited number of permitted recreational uses which have been identified and discussed within this report, additionally, consideration must also be given to the current condition of the building, the continued deterioration of the premises and the lack of funds currently within Councils operational and capital works budget to fund any improvements or the refurbishment of the building.

In this regard, it is recommended that Council explore alternative options for the use of the site which can include undertaking an expression of interest (EOI) to determine if the potential exists from the community or other stakeholders to refurbish or repurpose the facility in line with the existing zoning. It is further recommended that any EOI process specifically address the recreational nature of area, and specific consideration should be given to any submission which promotes this type of use.

However, prior to undertaking any expression of interest, Councillors should also be given the opportunity to undertake a site visit to further understand the context and nature of the site.

Community Engagement

Should Council agree to undertake an expression of interest on the Oriole Park Baseball Club building (27-29 Tavistock Street, Auburn), a public notification process will be undertaken in accordance with Councils statutory and policy requirements.

Policy Implications

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

Risk Implications

Should Council not proceed with the recommendations contained within the report for the future use of the site, consideration would then need to be given to the current age and the continued deterioration of the building. In this regard it is recommended that the building be demolished and returned to open space.

Financial Implications

Should Council agree to undertake an expression of interest, this process can be funded from Council’s existing operational budget.

CONCLUSION

Based on the context, document reviews and the assessment of potential permissible uses, Oriole Park can be utilised for a number of appropriate recreational uses including the provision of major recreational infrastructure.

It is also considered that Oriole Park provides a unique opportunity to provide a significant district and regional recreation facility for Cumberland Council with potential for the development of recreational style facilities.

Any future use of the site should be subject to an onsite inspection by Councillors to further examine the context of the site, and any subsequent EOI process should specifically seek to optimise Oriole Park’s community recreation value, but also be sufficiently flexible to ensure the options have suitable demand, funding and community support.

Attachments

1. Oriole Park Cost Estimates

Council Meeting

18 December 2019

Item No: C12/19-339

Cumberland Heritage Committee - Nominations and Terms of Reference for 2020-21 Term

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: SC481

Community Strategic Plan Goal: A resilient built environment

Summary

This report provides an update on the Cumberland Heritage Committee and arrangements for the 2020-21 term.

Council sought nominations for community representatives for membership of the Cumberland Heritage Committee through an open application process. It is recommended that the minimum of six community members on the Committee be achieved through the acceptance of the five applications received and by seeking an Indigenous representative from Council’s ATSIC Committee.

The Terms of Reference for the Committee have also been updated to reflect the Council resolution on committee representatives and selected minor amendments. It is recommended that Council endorse the updated Terms of Reference.

Recommendation

That Council:

1. Accept the five nominations to the Cumberland Heritage Committee and invite these nominees to become members of the Committee for the 2020-21 term.

2. Seek an Indigenous representative for the Cumberland Heritage Committee from Council’s ATSIC Committee for the 2020-21 term.

3. Adopt the updated Terms of Reference for the Cumberland Heritage Committee.

Report

Background

The Cumberland Heritage Committee is an advisory Committee of Council regarding matters related to the conservation, management and promotion of heritage within the Cumberland area. These may be individual heritage items, heritage conservation areas, archaeological sites or Aboriginal objects and places of heritage significance.

The Terms of Reference for the Committee, adopted by Council on 18 October 2017, requires that the Committee consist of:

· Three (3) or more Councillors or their delegate as elected by Council;

· Between six (6) and nine (9) community representatives; and

· An Indigenous representative, also being one of the community representatives.

The current term for the Cumberland Heritage Committee of 2018-2019 ends in December 2019.

Nominations were recently sought for prospective members of the 2020-2021 Heritage Committee, through an open application process. The nomination process for community representatives of the committee is summarised in the community engagement section of this report.

Nominations for Heritage Committee

Five nominations with the completed application form were received by Council. Four of the applications are from current members of the Committee. The nominations are:

1. Edmund Beebe

2. Gowri Karuppiah

3. Cecilia Peralta

4. Gregory Skelly PSM

5. Kerryn Stanton

The nominations for membership of the Committee were reviewed by Council officers with reference to the responses to questions in the application form. They were also considered against the role (function) of the Committee under the adopted Terms of Reference. All nominees are considered acceptable for invitation for membership of the Committee.

No Indigenous person is identified within the nominations received. Therefore, Council’s ATSIC Committee will be approached to seek a nomination for this position on the Heritage Committee.

With the five community nominations, and an Indigenous representative from the ATSIC Committee, the minimum of six (6) community members for the Committee can be achieved.

It is recommended that all five nominees to be invited to become members of the Committee for its next term. Letters will be sent to all nominees seeking their acceptance of the role, together with the nominated member of the ATSIC Committee.

Heritage Committee Terms of Reference

The Terms of Reference (ToR) adopted for the 2018-2019 term of the Committee are proposed to be carried over to this new Committee term, with minor updates. These updates include an update on the number of Councillor representatives to align with the recent Council resolution on the matter, reference to the future Cumberland LEP, and updates to position titles that reflect the current organisational structure.

It is recommended that Council adopt the updated Terms of Reference for the Cumberland Heritage Committee, as provided in Attachment 1.

Heritage Advisor

A Request for Quotation has been sent to four (4) consultant companies to provide technical specialist heritage advice to the Committee. The role of Heritage Advisor, initially for 12 months with potential extension for a further 12 months, will be filled before the first meeting of the Heritage Committee in 2020.

Community Engagement

Applications for nominations to the Committee were opened on 4 October 2019 and closed on Friday 1 November 2019. Advertisements seeking nominations were placed in local newspapers in conjunction with the Aboriginal & Torres Strait Islander Consultative (ATSIC) Committee. Information and application forms were available on Council’s website, through the Auburn and Merrylands Customer Service Centres, and at the Merrylands and Auburn Libraries.

Existing members of the Committee were advised of the upcoming nomination process at the Committee meeting held on 10 September 2019. These Committee members were also sent an email directly with details of how to nominate when the nomination period opened on 1 October 2019.

Nominees for the Committee were required to fill out an application form that sought responses to set questions in order to gauge the nominee’s interest and attitude towards heritage in Cumberland.

Policy Implications

All Council committees and members are expected to comply with the Cumberland Council Code of Conduct and supporting policies, as well as the Council Code of Meeting Practice, and the Committee Terms of Reference when conducting meetings. The committee is an advisory committee of Council with no decision making remit.

Risk Implications

There are low risk implications associated with the formation of this committee. The most significant risks in the 2018-19 term were the financial implications and researching associated with some of the recommendations of the committee. These risks were mitigated through appropriate detail on implications and recommendations in reports to Council.

Financial Implications

Council’s budget provides funding for the administration and operation of the Committee, as well as funding for the Heritage Advisor to participate in the Committee. Members of the Heritage Committee are not remunerated for their role on this Committee.

CONCLUSION

This report provides an update on the Cumberland Heritage Committee and arrangements for the 2020-21 term. It is recommended that Council accept the nominations for the Committee, seek an Indigenous representative from Council’s ATSIC Committee to be a community member, and adopt the updated Terms of Reference.

Attachments

1. Cumberland Heritage Committee - Updated Terms of Reference

Council Meeting

18 December 2019

Item No: C12/19-340

Nominations for Aboriginal and Torres Strait Islander Consultative Committee 2020 - 2021

Responsible Division: Community Development

Officer: Director Community Development

File Number: C-37-01/09

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

The current term for the Cumberland Aboriginal and Torres Strait Islander Consultative Committee of 2017-2019 ends in December 2019.

This report presents a summary of community nominations received for prospective members of the Aboriginal and Torres Strait Islander Consultative Committee of 2020-2021 following an open Expression of Interest process. A recommendation is also provided to Council to increase the number of community representatives on the Committee in the Terms of Reference.

The Draft Minutes of the Committee meeting held in November 2019 are also presented with this report.

Recommendation

That Council:

1. Adopt the revised Terms of Reference for the Aboriginal and Torres Strait Islander Consultative Committee to increase the number of community representatives to sixteen (included in Attachment 1).

2. Adopt the community representatives listed in the report for membership on the Aboriginal and Torres Strait Islander Consultative Committee for 2020-2021.

3. Advise all applicants in writing of the outcome of their nomination for membership.

4. Receive the Draft Minutes of the Aboriginal and Torres Strait Islander Consultative Committee held in November 2019 (included in Attachment 2).

Report

The Aboriginal and Torres Strait Islander Consultative Committee (ATSICC) is an Advisory Committee of Council. The purpose of the ATSICC is to provide strategic advice to Council and advocate on issues affecting Aboriginal and Torres Strait Islander communities in the Cumberland Local Government Area. The Committee seeks to improve Council decision making in relation to policy, program and service delivery.

At the Extraordinary Meeting of Council held on 18 October 2017, Council resolved to adopt the Terms of Reference of the ATSICC. On 20 December 2017, following an open call for Expressions of Interest (EOIs), eleven community members were appointed to the Committee for a two year term, which will conclude in December 2019.

This report outlines the EOI process undertaken and recommendations for community representatives on the Committee for the next two year term, which will conclude in December 2021.

Membership of the Aboriginal and Torres Strait Islander Consultative Committee

As per the current Terms of Reference, membership of the Committee should consist of:

· Between ten (10) and fifteen (15) community members or representatives.

· Two (2) appointed Councillors.

The membership term for community representatives is two (2) years.

To be eligible as a community representative, members must meet at least one of the following criteria:

· Aboriginal and Torres Strait Islander people who live or have connections to the Cumberland Local Government Area;

· Tribal Darug people;

· Individuals or representatives of local community organisations with a demonstrated commitment to, and understanding of, issues relating to the local Aboriginal and Torres Strait Islander community and local Aboriginal culture, language and history.

Nominations Received for the Aboriginal and Torres Strait Islander Consultative Committee 2020-2021

Sixteen community nominations were received for the Committee. All nominations were reviewed against the selection criteria by an internal panel of Council staff. All applications were found to be successful in meeting one or more of the selection criteria.

Applicants represent a broad cross-section of the community and include Aboriginal and Torres Strait Islander people either living, working or with connections to the Cumberland Local Government Area, Darug people or representatives of local community organisations and schools with an understanding of local Aboriginal culture, language and history.

Proposed Changes to the Committee Terms of Reference

It is recommended that Council amend the Terms of Reference to increase the number of community members on the Committee from fifteen to sixteen to include all nominations received. A copy of the revised Terms of Reference is included under Attachment 1 for Council’s consideration.

It is also recommended that Council approve the nominations of the following sixteen community members to the Committee:

1. Ashlee Kearney

2. Bel Dixon

3. Chris Haberecht

4. Cleonie Quayle

5. Corina Norman

6. David Williams

7. Emma Chapman

8. Julie Nixon

9. Kerrie Kenton

10. Leanne Unie Day

11. Lynn Leerson

12. Margaret Gong

13. Raelene Billedo

14. Rex Sorby

15. Trudy Healey

16. Wayne Trindall

Minutes of the Committee Meeting - November 2019

The Aboriginal and Torres Strait Islander Consultative Committee met on 19 November 2019. The Committee was attended by 11 Committee members. The Minutes of the Committee Meeting are included in Attachment 2 of this report.

Community Engagement

Nominations for community members to join the Cumberland Aboriginal and Torres Strait Islander Consultative Committee were open from 9am, Friday 4 October 2019 to 4pm, 22 November 2019.

Nominations were invited via a public EOI process, which was promoted widely using the following methods:

· The Nomination Form and Terms of Reference were available on Council’s website and Have your Say Page. Two nominations and 54 visits were received via the Have your Say page;

· Advertisements were placed in local newspapers: The Auburn Review (Tuesday, 1 October 2019) and Parramatta Advertiser (Wednesday, 2 October 2019);

· Hard copy nomination forms were made available at Council libraries and customer service centres;

· Emails were sent to community groups, schools and other key stakeholder groups;

· Members of the current ATSIC Committee were also directly contacted and invited to nominate.

Policy Implications

Action 1.5 of the Cumberland Innovate Reconciliation Action Plan 2019 – 2021 identifies the ATSIC Committee as a key mechanism to ‘Ensure that Aboriginal and Torres Strait Islander peoples are consulted on matters which affect them in the LGA and around sites of significance to Aboriginal and Torres Strait Islander peoples.’

All Council Committees and members are expected to comply with the Cumberland Council Code of Conduct and related policies, as well as the Council’s Code of Meeting Practice when conducting meetings. All new committee members will be required to undertake induction training prior to the first Committee meeting in February 2020.

Council staff provide administrative support to the Committee to ensure the appropriate governance requirements and protocols are followed.

Risk Implications

The Aboriginal and Torres Strait Islander Consultative Committee provides a valuable advisory function to Council. There are low risk implications associated with the operation of this Committee.

Financial Implications

Council’s Operational Budget provides funding for the administration and operation of the Committee. Members of the Aboriginal and Torres Strait Islander Consultative Committee are not remunerated for their role on the Committee.

CONCLUSION

It is recommended that Council appoint the nominated community members listed in this report to the Aboriginal and Torres Strait Islander Consultative Committee for 2020-2021. This report also recommends that Council adopt the revised Terms of Reference for this Committee to increase the number of community members from fifteen to sixteen to enable all nominations received to be included on the Committee.

The Draft Minutes of the Aboriginal and Torres Strait Islander Consultative Committee held in November 2019 are also presented with this report.

Attachments

1. Draft Aboriginal and Torres Strait Islander Consultative Committee Terms of Reference

2. Draft Minutes of Meeting - Aboriginal Torres Strait Islander Consultative Committee - 19 November 2019

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