Agenda of Council Meeting

Council Meeting

20 May 2020

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

C05/20-426 Minutes of the Ordinary Meeting of Council - 15 April 2020.......... 7

6 Mayoral Minutes

Nil

7 Public Forum / Presentation of Petitions

8 Items Resolved by Exception

9 Reports to Council

General Manager

C05/20-427 Legal Report......................................................................................... 21

Director Community and Organisation Development

C05/20-428 Cumberland City Council Community Grants Program Round Two 2019/2020 23

C05/20-429 Emergency Relief Fund Applications............................................ 117

C05/20-430 Quarter 3 Performance Report on the Operational Plan 2019-20 and Budget Review Statement............................................................................. 129

Director Finance & Governance

C05/20-431 Report on Outstanding Council Resolutions............................... 195

C05/20-432 Approval of Loans for COVID-19 Financial Crisis....................... 203

C05/20-433 Monthly Management Accounts as at 31 March 2020................ 207

C05/20-434 Investment Report - April 2020........................................................ 225

C05/20-435 Proposed Granting of Easement through Monterey Street Park, South Wentworthville................................................................................... 265

Director Environment & Planning

C05/20-436 Draft Urban Tree Strategy................................................................ 269

C05/20-437 Draft Sustainability Action Plan...................................................... 329

C05/20-438 Proposed Cancellation of Cumberland Heritage Awards and Cumberland Heritage Rebate Program in 2020.................................................. 345

C05/20-439 Planning Proposal and Voluntary Planning Agreement for Building 3, 20-22 Dressler Court, Merrylands (Formerly Known As 1-11 Neil Street, Merrylands) 347

C05/20-440 Planning Proposal for 1 Crescent Street, Holroyd....................... 427

C05/20-441 Planning Proposal - 2-36 Church Street, Lidcombe................... 561

Director Works & Infrastructure

C05/20-442 Proposed Quanne Diec Playground in New Glasgow Park...... 869

C05/20-443 Response to Matter of Urgency - Cumberland Local Traffic Committee Terms of Reference........................................................................................... 875

10 Reports of Council Committees

C05/20-444 Quarterly Progress Report on Council Consultative and Advisory Committees 885

C05/20-445 Cumberland Traffic Committee - Minutes of Electronic Meeting held on 1 April 2020 and Extraordinary Electronic Meeting held on 30 April 2020 913

11 Motions Pursuant to Notice

C05/20-446 Notice of Motion - 'Nobody Left Behind' Campaign.................... 939

C05/20-447 Notice of Motion - Program Supporting International Students 945

C05/20-448 Notice of Motion - Advertising........................................................ 951

C05/20-449 Notice of Motion - Community Service Centre............................. 953

C05/20-450 Notice of Motion - Stimulus Funds................................................ 955

C05/20-451 Notice of Motion - Public Forum.................................................... 957

C05/20-452 Notice of Motion - Revenue Generation Opportunities.............. 959

C05/20-453 Notice of Motion - Council's Land in Lane Street and Veron Street, Wentworthville................................................................................... 961

C05/20-454 Notice of Motion - New Commuter Car Park................................. 963

C05/20-455 Notice of Motion - COVID-19 Testing Facilities............................ 965

C05/20-456 Notice of Motion - Amendments to Code of Meeting Practice... 967

12 Notices of Rescission

Nil

13 Questions on Notice

C05/20-457 Questions on Notice - Submitted by Councillor Lake................. 969

14 Closed Session Reports

C05/20-458 Response to Mayoral Minute - Formalising Process for the Review of the General Manager's Performance

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

C05/20-459 Evaluation Report - Granville Park Community Sports Pavilion - Construction

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.

C05/20-460 Tender Evaluation Report - Granville Park, Field Reconstruction

15 Other / General Matters

16 Close

Council Meeting

20 May 2020

Item No: C05/20-428

Cumberland City Council Community Grants Program Round Two 2019/2020

Responsible Division: Community and Organisation Development

Officer: Acting Director Community and Organisation Development

File Number: 7942502

Community Strategic Plan Goal: A great place to live

Summary

The Cumberland City Council Community Grants Program aims to support the delivery of services and programs that build a vibrant and sustainable Cumberland. Funded projects deliver social, economic, cultural, recreational and environmental benefits to the local community.

This report outlines the outcome of staff assessments and the recommendations for funding allocations for applications submitted in Round Two of the Cumberland City Council Community Grants Program 2019/20.

RECOMMENDATION

That Council:

1. Adopt the 40 applications recommended for funding in Attachment 1 and allocate $152,132 from the Cumberland Community Grants Program budget 2019/2020.

2. Advise all applicants under Round Two of the Community Grants Program 2019/20 of funding allocations and provide feedback and support to applicants that were unsuccessful.

3. Withdraw any applications recommended for funding in 2019/2020 if the organisation has not provided compulsory information to Council to enable payment before the end of the financial year.

4. Adopt the revised Program Structure for the Cumberland Community Grants Program 2020/21 included under Attachment 3.

Report

This report provides information on the assessment process and recommendations for funding allocations for applications submitted under Round Two of the Community Grants Program 2019/2020.

Round Two Community Grants Program Guidelines and Promotion

In accordance with the Community Grants and Donations Policy, detailed Guidelines for Round Two of the Cumberland City Community Grants Program 2019/2020 (included in Attachment 2) were made publicly available. The Guidelines outline the funding priorities, eligibility and assessment criteria, and administration practices including application processes, decision making, agreement making, monitoring and support services.

In accordance with the Community Grants and Donations Policy, applications were invited via an open call out. Promotion of Round Two commenced four weeks in advance of the round opening. The grant round was promoted widely using the following methods:

· Advertisements in local newspapers: The Auburn Review and Parramatta Advertiser.

· Promotion of the Community Grants Program through Council’s social media channels.

· The Guidelines and application forms were made available on Council’s website.

· Emails were sent to local community organisations that subscribe to Council’s Grants Bulletin (798 subscribers).

· Emails were sent to community groups, school P&C Associations and other key stakeholder groups (approximately 1,200 email addresses).

· Promotional flyers were displayed in Council’s community centres, libraries and Customer Contact Centres.

· Promotion through Council’s Schools Newsletter which is distributed to all schools across Cumberland.

Round Two of the Community Grants Program 2019/2020 was open from 9am, 29 January 2020 and closed at 4pm, 26 February 2020. Applications were only accepted during this advertised period.

Seven streams of the Community Grants Program were available in Round Two. These were:

· Community Participation (Small Grants)

· Community Events (Community Festival)

· Community Events (Celebrating Cumberland)

· Creative Cumberland

· Minor Capital Works

· Small Equipment

· Rising Star Sports Award

In accordance with the Policy and the Guidelines, submitted applications were assessed against the published assessment criteria.

Only one application was permitted per applicant per funding stream.

Council does not award funding for projects retrospectively, and funded projects or events must be delivered between 1 July 2020 and 30 June 2021.

Applications for the Rising Star Sports Award are assessed monthly and submitted to Council each month for approval.

Applications for the Minor Capital Works were accepted in two rounds with the first round being an Expression of Interest (EOI). Successful applicants were then asked to submit a more detailed application in Round Two. Round Two applications closed 6 April 2020.

Council’s Grant Support Program

To assist applicants to develop their grant applications, Council delivered the following support programs which were promoted and available to all:

· Two information sessions (a face to face session and an online live video conference of the information session) outlining the funding priorities, assessment process and conditions for successful applicants. A total of 20 people from 11 organisations participated in these sessions.

· A free two-part ‘Preparing a Successful Grant’ workshop was held over two different days to assist participants to develop and write their grant applications focusing on specific questions in the application form. A total of 16 people from 12 organisations participated in the two-part workshop.

· Three ‘Advisory Desk’ sessions were held. Applicants were provided with the opportunity to book a timeslot during these sessions to receive tailored one on one advice on their project and grant application. A total of 23 people from 14 community organisations participated in these sessions.

· In addition to the above, a total of 75 people were provided with information or advice about their proposed projects through phone and email enquiries.

Assessment Process

The Community Grants Program is a competitive process with applications assessed against the published criteria. Applications submitted for funding under the Community Grants Program were assessed in two stages. This included:

Stage 1: Eligibility Assessment

Council’s grants administrators conducted an eligibility assessment of all applications submitted. This included applications being submitted on time, being complete and meeting the eligibility criteria.

Stage 2: Subject Matter Expert Panels

Three internal assessment panels (Subject Matter Expert Panels) consisting of Council staff were convened to review and rank eligible applications against the assessment criteria. The Subject Matter Expert Panels involved members of staff that have sufficient understanding of the funding process and funding priorities. The Panels consisted of staff from a cross-section of service areas.

Panel members were required to complete confidentiality and conflict of interest documents and declare any conflicts of interest that arose during the assessment process.

Subject Matter Expert Panels assessed all applications.

Assessment Outcomes

A total of $401,560 was available in Round Two across five funding streams. Council received a total of 83 applications requesting a total of $403,838. Of the applications received, 40 are recommended for funding in Round Two.

The following table provides a summary of the assessment outcomes:

Grants Stream	Amount Available	Amount Recommended	No. of Projects Recommended
Community Participation - Small (Up to $5,000)	$208,481	$45,949	11 projects
Community Events § Community Festival (Up to $15,000) § Celebrating Cumberland (Up to $5,000)	$50,000	$ 36,293	8 events
Creative Cumberland (Up to $5,000)	$40,000	$18,345	4 projects
Minor Capital Works (Up to $20,000 matched funding)	$80,000	$31,545	3 projects
Small Equipment (Up to $2,000)	$20,000	$20,000	14 projects
Rising Star Sports Award (up to $1,500) monthly	$3,079	$0	0 events
TOTAL	$401,560	$152,132	40 projects

The total value of the 40 applications recommended for funding is $152,132.

A full list of applications recommended by the Subject Matter Expert Panels for funding under Round Two is included in Attachment 1 for determination by Council.

Applications not recommended for funding have either: not met the eligibility criteria; have provided insufficient information; or have not scored as high against the assessment criteria.

Council staff will provide all unsuccessful applicants with an opportunity to receive tailored one on one feedback regarding their grant application. These feedback sessions will provide unsuccessful applicants with an opportunity to improve their application and resubmit to future rounds of the Community Grants Program or other suitable funding programs.

Recommendations for Community Grants Program 2020/2021

As a result of budget saving initiatives adopted by Council at the Ordinary Meeting of Council on 4 March 2020 (Min. 961), the annual funding pool for the 2020/21 Community Grants Program will be reduced to $350,000.

The following changes are recommended for the 2020/21 Community Grants Program:

· The Minor Capital Works stream be discontinued and the balance of funding pool reductions be applied across all other grant streams.

· The Community Events Grants Program be re-focused on primarily supporting the risk-minimisation elements of an event (and related to Council’s role in ensuring community safety). Examples include paying for a suitable venue, security, traffic management, food safety compliance and/or infrastructure. The maximum amount available per application would be $5,000.

· The Small Equipment and Community Participation (Small Grants) streams continue to be offered twice a year, given that they are the most popular streams and have very simple, streamlined application and assessment processes.

Two rounds of the Community Grants Program will be offered in 2020/2021. The revised structure proposed for the Cumberland Council Community Grants Program to be implemented in 2020/2021 is included in Attachment 3 for Council’s consideration.

Council currently provides a robust program of support to grant applicants. The Grant Support Program includes:

· Monthly grants bulletin with Council and non-Council funding opportunities

· Information sessions (face to face and video conference)

· Grant writing workshops

· Advisory Desk sessions prior to submission of grant application

· Tailored feedback sessions on unsuccessful grant application

· Feedback summary which includes the strengths and weaknesses of each grant round. Successful applicants are also included.

Feedback from organisations accessing the Grants Support Program has indicated that the tailored one on one sessions are most beneficial and Council will review the grants support program to reflect this. Additionally, opportunities to collaborate amongst organisations have been well received. This also reflects the findings of research conducted in 2017 which recommended Council coordinate the generation of local project ideas, partnerships between local organisations interested in applying to deliver similar services and/or complimentary services for projects.

Community Engagement

Council will notify all applicants of the outcome of their application. Unsuccessful applicants will be offered feedback and support under Council’s Grants Support Program. This includes one on one feedback sessions to applicants on how to improve their applications and access to grant writing workshops and tools.

Information about other grant opportunities including Round One of the Cumberland Community Grants Program 2020/21 which will open in August 2020, will be widely promoted and made available to the community.

Policy Implications

The Community Grants and Donations Policy outlines the framework under which grants and donations made by Council to the community are governed. The Policy ensures Council meets legislative requirements prescribed under Section 356 of the Local Government Act 1993. All applications submitted in Round Two of the Community Grants Program 2019/2020 have been assessed in accordance with this Policy.

Risk Implications

Successful applicants will be required to enter into a funding agreement with Council and meet all requirements of project delivery, reporting and acquittal.

Financial Implications

There is a total funding pool of $401,560 in the 2019/2020 Community Grants Program budget to fund the Round Two projects recommended for funding.

It should be noted that successful applicants must submit compulsory information to Council prior to payments being processed. In some instances, it has taken up to three months for a successful applicant to provide the compulsory information to Council with significant resources invested in following up community groups. It is recommended that should a successful recipient not submit the required information by the due date outlined in the successful application notification letter, the allocated funds will be forfeited and returned to Council as budget savings.

CONCLUSION

The Cumberland Community Grants Program aims to support the delivery of services and programs that build a vibrant and sustainable Cumberland. The projects recommended for funding aim to deliver significant community benefits and positive change across the Cumberland LGA.

Council has put in place appropriate monitoring, acquittal and accountability measures for recipients of the Community Grants Program to ensure funds are spent in accordance with the Guidelines. Council will continue to make improvements to the Community Grants Program based on applicant feedback, observations made by grants officers and members of Subject Matter Expert Assessment Panels to improve the overall quality of applications and assessment outcomes.

Attachments

1. Community Grants Program Round Two 2019/2020 - Schedule of Applications Received

2. Community Grants Program Round Two 2019/2020 Guidelines

3. Program Structure for the Cumberland Community Grants Program 2020/21

Council Meeting

20 May 2020

Item No: C05/20-429

Emergency Relief Fund Applications

Responsible Division: Community and Organisation Development

Officer: Acting Director Community and Organisation Development

File Number: SC619

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

The Emergency Relief Fund provides financial support to the community at any time for donations to fundraising appeals that respond to crisis or disaster situations, or for new community-led initiatives that address an emerging or unexpected community need where action is time critical.

Two applications have been received from local community organisations that are seeking donations for fundraising appeals to support vulnerable community members impacted by COVID-19. This report presents these applications for the consideration of Council.

Recommendation

That Council adopt the two applications recommended for funding as outlined in this report and allocate $6,590 from the 2019/20 Emergency Relief Fund to support vulnerable community members affected by the COVID-19 pandemic.

Report

Cumberland Emergency Relief Fund Guidelines

The Emergency Relief Fund Guidelines apply to all requests for financial assistance that benefit the Cumberland community but do not meet the detailed guidelines of the Cumberland Community Grants Program or the Mayoral Community Fund. This may include consideration of requests that do not align with the timing of the Community Grants Program funding rounds and where supporting evidence is provided to demonstrate the urgency of the application.

In accordance with the Community Grants and Donations Policy, the Guidelines for the Emergency Relief Fund (included in Attachment 1) and Application Form are publicly available on Council’s website. The Guidelines outline the funding priorities, eligibility and assessment criteria, and administration practices.

Funding Priorities and Eligibility Criteria

Not for profit organisations including registered charities and auspicing organisations are eligible to apply, with priority given to organisations located within the Cumberland Local Government Area or providing services to residents of Cumberland.

Requests for financial assistance under the Emergency Relief Fund will typically constitute one-off financial assistance for donations to fundraising appeals that respond to crisis or disaster or for new community-led initiatives that address an emerging or unexpected community need where action is time critical.

Applicants can apply through two funding streams: Donations to Fundraising Appeals or Community Initiatives.

Assessment Process

In accordance with the Guidelines, submitted applications were assessed internally for eligibility and conformance with the assessment criteria.

Applications Received and Assessment Outcomes

A total of $50,000 in funding is available in the Emergency Relief Fund annually. To date, Council has resolved to donate $30,000 to The Salvation Army’s Disaster Relief, leaving a balance of $20,000 remaining for 2019/2020.

As a result of the COVID-19 pandemic, two applications have been received by Council. Details of each application are outlined in the following table, including staff recommendations and comments:

Applicant	St Francis Social Services	Australian Afghan Hassanian Youth Association
Project Category	Donations for Fundraising Appeals	Donations for Fundraising Appeals
Amount requested	$5,000	$5,000
Need identified	Assisting vulnerable clients impacted by COVID-19 and ineligible for income support and assistance. Funds will assist with food security, general living expenses, pharmaceuticals and medical expenses (as ineligible for health card discounts), mobile phone and Opal card top-ups and financial assistance to alleviate immediate housing stress and maintain housing, particularly for those in informal housing situations and at risk of homelessness.	Purchase of food packages to distribute to vulnerable families (newly arrived migrants and refugees many of whom have lost their jobs and on temporary visas) as a result of COVID19 as well as transport, face masks, hand sanitizer and gloves.
Recommendation	Recommended for partial funding ($3,740).	Recommended for partial funding ($2,850).
Comments	Application meets the funding guidelines and responds to an urgent and increased need for emergency assistance for vulnerable residents of the Cumberland LGA impacted by COVID-19 and increases in job losses. Partial funding is recommended excluding costs related to rental assistance.	Application meets the funding guidelines and provides a direct benefit to vulnerable residents of the Cumberland LGA in urgent need and impacted by COVID-19. Funding for gloves and masks has been excluded as this is not a compulsory public health measure for residents residing in NSW.

Community Engagement

Council will notify the applicants of the outcome of their applications.

Information about the Cumberland Emergency Relief Fund is available on Council’s website and open all year round.

Policy Implications

The Community Grants and Donations Policy outlines the framework under which grants and donations made by Council to the community are governed. The Policy ensures Council meets legislative requirements prescribed in Section 356 of the Local Government Act 1993. All applications submitted under the Emergency Relief Fund have been assessed in accordance with this Policy and the Emergency Relief Fund Guidelines.

Risk Implications

Successful applicants will be required to enter into a Financial Assistance Agreement with Council and meet all requirements of project delivery, reporting and acquittal.

Financial Implications

There is a total of $20,000 remaining in the 2019/20 Emergency Relief Fund budget to fund the two applications recommended for funding ($6,590) with $13,410 remaining available for the remainder of the financial year, should Council resolve to endorse the applications covered in this report.

CONCLUSION

The Emergency Relief Fund was established to provide financial support to the community at any time for donations to fundraising appeals that respond to crisis and address an emerging or unexpected community need where action is time critical.

These two applications support local fundraising appeals and provide a direct benefit to vulnerable residents of the Cumberland LGA in urgent need and impacted by COVID-19.

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

Attachments

1. Emergency Relief Fund Guidelines

Council Meeting

20 May 2020

Item No: C05/20-430

Quarter 3 Performance Report on the Operational Plan 2019-20 and Budget Review Statement

Responsible Division: Community and Organisation Development

Officer: Acting Director Community and Organisation Development

File Number: S-57-50

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

The purpose of this report is to update Council and the community on the progress made in implementing the activities in the Operational Plan 2019-2020. This includes the quarterly budget review statement.

In total, 81% of projects planned for the 2019-2020 year are complete or are running on track for completion by their due date, 15% of projects have been placed on hold and 4% require attention. The increase in projects on hold from last quarter is largely due to the service impacts of the COVID-19 pandemic that commenced towards the end of the quarter.

This quarter, there have been 5 additional projects recommended for adoption. These projects are all in the Parks and Recreation Service Area and details of these projects are provided on page 15 of Attachment 1. Upon adoption of these projects, progress updates will be reported on in future Quarterly Performance Reports.

Recommendation

That Council receive and note the Quarter 3 Service Area updates on the Operational Plan 2019-2020.

Report

The Operational Plan 2019-2020 identifies the key projects and programs planned for delivery throughout the year, as well as the allocated budget. These activities are in direct response to the strategic goals and community vision contained within the Community Strategic Plan 2017-27. The Quarter Three Performance Report (Attachment 1) shows progress in implementing the planned activities over the January to March period of 2020.

The overall project status as at the end of the third quarter is shown in Chart 1 below:

Chart 1: Quarter 3 Project Status

During the third quarter, 7 more projects were completed bringing the total number of completed projects to 15. These were as follows:

· Develop a Cumberland Open Space and Recreation Strategy

· Develop service specifications for all open space maintenance services

· Explore the viability of enhancing Council's Waste Drop Off Services

· Library Digital Literacy Programs

· Develop and commence a Quality Assurance Program for Council's Customer Service Team

· Auburn Civic Centre Rectification

· Develop Property Strategy

The majority of other projects (40 of 68) are running on track for delivery throughout the remainder of the 2019-20 year or will be ongoing projects into future Operational Plans.

Three projects were placed on hold during the third quarter:

· Commence a Parks Plan of management Review Program

· Improve customer satisfaction in open space provision and presentation

· Deliver a Play Space Infrastructure Plan

Three projects were indicated as needing attention, these were:

· CCTV in Public Spaces Program Expansion project

· Peacock Gallery and Auburn Artist Studio expansion project

· Guildford Community Centre ‘one-stop-shop’ Facility

There were a number of highlights from Council’s ongoing program delivery throughout the quarter, which were as follows:

· Council finalised the Cumberland Domestic and Family Violence Action Plan

· Project UV Smart and Cool Playground (Grant Funded) is underway and was featured in an ABC TV news story about urban heat

· Adoption of the Cumberland Open Space and Recreation Strategy

· Household Waste and Recycling Services, Operational Compliance 2, was executed by Investigators from the Western Sydney Regional Illegal Dumping Squad. Council worked on 63 incidents of illegal dumping and provided clean up services to 20 bus shelters in selected dumping hotspots

· Council has finalised and published the Cumberland 2030: Our Local Strategic Planning Statement, this also received a letter of support from the Greater Sydney Commission

· The new Cumberland Local Environmental Plan (LEP) received an issue of Gateway Determination by the Department of Planning, Industry and Environment

· Adoption of the Environmental Health Strategy by Council

· Library Services successfully launched the Summer Reading Club

· Customer Service achieved excellent results in the NSW Local Government Customer Service Network Benchmarking exercise

· Council’s Parks and Facilities Bookings are now integrated into one Booking Team Function

Confirmation Statement from the Director Finance and Governance

Attached to this report is the Quarterly Budget Review Statement (QBRS) which refers to the period ended 31 March 2020. The QBRS indicates Council’s financial position and details the original and proposed revised estimates of income and expenditure for the year.

A quarterly project summary report with revised budgets is also provided in the attachments for the three major capital works projects currently underway, being the Granville Multipurpose Centre, Merrylands CBD Major Drainage Upgrade and Cumberland Swim Centre Modernisation.

COVID 19 estimates have been included in the budget estimates with a net impact being a decline in surplus by $7.551m. This variance has arisen due to the following factors

In Summary impact to General Cash Reserves

Loss of Income $12.3m

Reduction costs $ 4.8m

Net Reduction in Surplus $ (7.5) m

Loss of rates instalments $ (6.5)m

Reduction Capital from general $ 6.5m

Other working capital $ 0.2m

Net impact to unrestricted cash $ (7.3)m

Detailed discussion of the factors impacting Council.

Operating Income down $12.2m

The highest contributors are as follows

Federal Assistance Grants $4.8m.

This is balance of $8.3m not yet paid. Due to delays in the federal budget until October there is no approval of government that would allow for this payment to occur. It has been prepaid every year since 2016.

Hire fees Sporting and Halls $1.0m

Council was required to refund existing bookings for all facilities that were closed due to public health orders. This income would normally subsidise the cost of running the community buildings and sporting facilities. Council has implemented measures to reduce the workforce in these areas under the provisions of the award and the splinter award. It is anticipated that the loss of revenue will exceed the savings that can be achieved.

Interest Income $1.26m

The income we receive from deposits funds Council services. We expect $2m reduction over this financial year due to multiple reductions in interest received. The impact to this quarter will be $1.26m due to a combination of share market reduction $0.7m and balance is from lower interest rates on investments.

Parking and Fee Revenue $0.7m

There is a loss in income we will receive from these activities. The cost of these services cannot be reduce at this stage and this will represent a loss of net revenue to Council.

Rates Income

The rates income has only increased 3.5% this as opposed to 4% that was budgeted for. In 18/19 Council rates grew 5% due to growth in properties. The growth has been projected in 19/20 to be 3.5% and 20/21 is 2.5% to factor in lower property growth.

Leasing Commercial Premises $0.5m

The income we collect from business and clubs for use of Council buildings or premises has been delayed and Council will seek to renegotiate the income from the remaining lease. In the case of business being unable to pay a report to Council will be made outlining the reasons. Council has not yet waived fees in this area.

Operating Costs Savings $4.8m

Employee Costs Savings $3.7m

This has been projected due to an efficiency program Council has been running which provided a good platform to implement the 50% service model required from COVID. YTD we have already achieve $2.7m in savings from salaries and expect to save $1.0m more from a range of measures in excess leave reduction and Job Retention Allowance in the Award.

It would be expected that the lower employee cost will continue until the end of stage 3 of Covid restrictions. Council’s Critical Incident Management Team which comprises of Mayor, Executive and Risk team has been very proactive in implementing measure to ensure we can minimise the losses where possible.

Other Expenses Savings $ 1.7m

The main contributor to savings has been Community Events and Community activities due to health restrictions $0.9m. Most of these activities have been deemed non- essential and CMIT continues to review this definition as updates are occurring. Other savings from Electricity and Community Grants make up the balance of these savings.

Overall summary

With Council’s unrestricted cash forecast to reach $(9.7)m there will need to be some difficult decision made around turning back on the non-essential services. It is a requirement that Council has a source of funds to run these activities. When you have overdrawn the unrestricted cash this creates an increased financial sustainability risk.

To cover the overdrawn $9.7m Council can borrow funds from Internal Reserves or External Sources (see Separate Reports on Loan) but will need to return them within a short period of time. The financial recovery plan needs to focus on the Operating Costs with a view of long term financial sustainability.

Community Engagement

The Quarter Three Performance Report will be made available for public viewing on Council’s website.

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

During the third quarter for the 2019-2020 financial year, Council has made significant progress with 81% of projects either completed or running on track for completion. Despite a challenging financial position and impacts felt by COVID-19, Council remains in a strong position to continue to deliver significant positive outcomes for the Cumberland community.

Attachments

1. Quarter 3 Performance Report on the Operational Plan 2019-2020

2. Quarter 3 Budget Review Statement

3. Major Project Granville Mutlipurpose Centre

4. Major Project Merrylands CBD Drainage

5. Major Project Swim Centres

Council Meeting

20 May 2020

Item No: C05/20-432

Approval of Loans for COVID-19 Financial Crisis

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: L-19-01/06

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report proposes that Council approve loan funding totalling $20m for 2 projects that are longer term investments, of which an application for $8m must be submitted to the NSW Department of Planning, Industry and Environment (DPIE) before 14 August 2020 for a 50 percent subsidy to be used to fund the Wentworthville Pools.

Recommendation

That Council:

1. Authorise an application for a loan of $8 million under the Low Cost Loans Initiative program for the Wentworthville Pools Project, with the application to be signed off by the Mayor and General Manager on behalf of Council;

2. Subject to application approval, resolve to enter into a loan of $8 million under the Low Cost Loans Initiative program;

3. Resolve to enter into a loan of $12 million for Granville Multipurpose Centre; and

4. Authorise the Mayor and General Manager to execute the neccesary loan documents on behalf of Council.

Report

COVID-19 Financial Impacts

The financial impacts arising from COVID-19 are reported in the Business Papers for this Council Meeting. The impacts are summarised below:

· First three months – reduction unrestricted cash $9.5m

o Revenue losses $12m and a net reduction in budget of $7.5 m.

o Reduction in net cash flow to operations $14m.

o Delays in capital works $6.5m.

o Unrestricted cash position $(9.5)m.

· Budget 20-21 – final unrestricted cash balance of $(11)m to $(16)m

o Further revenue losses of $3 - $5m for Quarter 1.

o Improvement in net cash flow from operations to budget $4m due to rates receivables.

o Potential cut to capital works $9-15m.

o Unrestricted cash depends upon the recovery options; could range from $(3m) to $(16m).

To explain the rationale behind Council potentially borrowing, Council has modelled three options to highlight the financial impacts of the decisions available.

a) Do Nothing – unrestricted cash will reach $(16)m 30/6/21

The idea behind this option is that Council accepts the losses from COVID-19, maintains the capital expenditure at the same rate, and cost of operations remain at the same rate.

It is forecasted that Council will have a $0 unrestricted cash position by 2026/2027. Due to the COVID-19 changes, this will take five years longer than originally forecasted.

Responsible Officer’s Advice

This is not a financially responsible option as Council should not operate with negative unrestricted cash for a long period of time, as there would not be a source of funds to undertake renewals projects without a source of funds.

b) Borrow $20m – unrestricted cash will reach $2.8m by 30/6/21 and then $8m by 2028/29

It was assumed that Council would attribute the loan to projects which already have expenditure or are committed to spend in next 12 months. This would free up $20m of general cash.

The unrestricted cash will be $2.9m in 2020/21 and then $4m by 2020/29.

Responsible Officer’s Advice

Assuming TCorp will allow Council to fund the projects identified, this option addresses the short term negative unrestricted cash but it does burden Council into the future if no changes are made to the operating cost to offset the additional cost of debt.

The risk of this option is that Council may max out its credit limit if any further financial challenges arise. This would reduce the financial capacity to fund new projects as they arise.

As a stand-alone option, this does not achieve financial sustainability. As a tool within a package of financial reforms, it can be successful if Council addresses the cost of operations. Therefore this report recommends that Council has the authority to borrow if required. This needs to be approved prior to the adoption of the budget to comply with TCorp’s terms and conditions.

c) Combination option delay $15m and achieve one-off $5m salary savings – unrestricted cash will reach $(3.0)m 30/6/21 and then $19m by 2028/29

The principle behind this option is to delay $15m in capital investment in 20/21 as a one-off and to focus on cost saving initiatives available to Council, such as excess leave and other one-off saving initiatives. This does not impact any services.

Responsible Officer’s Advice

This is a very attractive option, mainly due to financial risk being low as there is no overinvestment on capital and savings demonstrate the highest financial gain. This option also identifies the current structural issues Council has with having higher operational costs due to the large quantum of services we currently fund. Through adoption of an essential service model, Council is able to reverse these structural issues.

Below is a graphical representation of the options: This is for demonstration purposes and will not be the final LTFP until further consultation has occurred.

Funding Details for Loans

Background

On 26 April 2020, the NSW Government announced a $395m economic stimulus package to safeguard council jobs, services and infrastructure. Included in this package is a 3^rd round of the Low Cost Loans Initiative (LCLI) available to eligible councils, and TCorp will also be offering principal and interest payments deferrals on existing council loans, upon request, for the next six months. It should be noted that Council has already made a loan repayment deferral request to TCorp on 24April 2020 and is awaiting a response.

Council has selected projects that have already been allocated general funds and would be considered intergenerational investments as per Council’s Financial Planning and Sustainability Policy. These include:

· Granville Multipurpose Centre $12m

· Wentworthville Pools $8m

These projects have been carefully selected to meet the criteria for funding. The Wentworthville Pools is recommended for the LCLI, as it aligns with the guidelines in relation to infrastructure supporting housing development in the town centre.

Community Engagement

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

Policy Implications

These loans comply with the existing policy of Council.

Risk Implications

There is financial risk associated with borrowing, as the loans will consume a majority of Council’s borrowing capacity.

Financial Implications

The cost associated with borrowing include repayments of $2.1m per annum and interest costs averaging $300k per annum.

CONCLUSION

The funding options seek to address the loss in net funds due to COVID-19. The loan funding is a good option provided that Council reviews the structural issues relating to the cost of operations.

Attachments

Nil

Council Meeting

20 May 2020

Item No: C05/20-435

Proposed Granting of Easement through Monterey Street Park, South Wentworthville

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: SC486

Community Strategic Plan Goal: A resilient built environment

Summary

This reports recommends that Council grant an easement through Monterey Street Park, South Wentworthville to an adjoining property owner in accordance with their approved Development Consent.

Recommendation

That:

1. In accordance with S. 377 (1)(h) of the Local Government Act 1993, Council approve the creation of an easement from the rear of 24 Monterey Street, South Wentworthville through part of Monterey St Park in accordance with DA2018/432, subject to an independent valuation and compensation being paid to Council.

2. The final easement location and design be subject to the expert advice of Council’s Engineering team.

3. The easement approval be subject to concurrence from Sydney Water and public notice being undertaken.

Report

Background

The subject development application, DA2018/432 for 24 Monterey Street, South Wentworthville (Lot 541 DP 11653) was received by Council on 15 November 2018. The proposal sought approval for demolition of existing structures and construction of a two storey dual occupancy with Torrens title subdivision into 2 lots.

The site has a fall of approximately 1.15m from front to rear.

As part of the assessment of the development, a referral was made to Council’s Development Engineers for review. Following this review it was recommended that the following deferred commencement conditions, relating to stormwater discharge on Council’s Monterey Street Park be imposed on the development:

Stormwater Discharge

Stormwater can be discharged to the west across the Monterey Street Park into the existing concrete channel. This would require permission from Sydney Water being the owner of the channel.

Alternately, stormwater can be discharged into an existing pipe, further south across the park discharging into the same channel. This would require permission from Sydney Water being the owner of both the channel and the pipe. A written permission from Sydney Water shall be submitted to Council.

The route of the minimum 1m wide drainage easement through Council’s Reserve will need to be approved by Council prior to implementation. Generally, Council will seek a drainage easement route that has the least impact upon existing trees, infrastructure and recreational activities. A longitudinal section of the proposed new stormwater overflow pipe discharging into the channel/pipe shall be submitted to Council showing the depth and location of all the services within the area of the proposed works.

Creation of Drainage Easement

A drainage easement 1.00m wide (minimum), and corresponding with the approved drawing, shall be created in favour of the property to be developed over Monterey Street Park, to permit the disposal of stormwater into the channel or pipe. Documents relative to the creation of the easement to be lodged with the NSW Land Registry Services with registration being effected prior to Schedule B commences. All costs associated with the creation of easements shall be borne by the applicant.

The applicant’s stormwater discharge system included fill of about 1.5m in backyard to allow gravity drainage. This was not possible due to the level difference and amenity impacts on adjoining properties due to such extensive fill. Council’s Development Engineers therefore recommended the above conditions to seek easement and allow gravity drainage.

An image of the proposed easement location is shown below.

As the subject property is required to drain via gravity to Council stormwater system, the applicant submitted a stormwater plan demonstrating the proposed disposal method.

The proposed system is to be connected to an existing stormwater pipe/headwall owned by Sydney Water. Council has already approved a similar stormwater connection for 28 Monterey Street (CC/201/565).

Council engineers are supportive of the proposal subject to a detail design.

It is now requested that Council support the creation of this easement.

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

Council will command a level of compensation for this easement. This will be subject to an independent valuation report and must be paid by the applicant prior to the granting of the easement.

CONCLUSION

It is now recommended that Council grant the easement through Monterey Street Park, South Wentworthville to an adjoining property owner in accordance with their approved Development Consent.

Attachments

Nil

Council Meeting

20 May 2020

Item No: C05/20-439

Planning Proposal and Voluntary Planning Agreement for Building 3, 20-22 Dressler Court, Merrylands (Formerly Known As 1-11 Neil Street, Merrylands)

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: PP-5/2020

Community Strategic Plan Goal: A resilient built environment

Summary

The planning proposal for Building 3, 20-22 Dressler Court, Merrylands (formerly known as 1-11 Neil Street, Merrylands) was endorsed by Council in June 2019 for a Gateway Determination.

As required by Council’s resolution and the Gateway Determination, the planning proposal was exhibited for a period of 28 days. A draft Voluntary Planning Agreement was also notified with the planning proposal. This report outlines the feedback received during exhibition.

It is recommended that the Voluntary Planning Agreement be executed and Council finalise the planning proposal, as delegated by the Minister, following execution of the Agreement.

Recommendation

That Council:

1. Adopt the recommended planning controls for Building 3, 20-22 Dressler Court, Merrylands (formerly known as 1-11 Neil Street, Merrylands), and as previously resolved by Council, being:

a) a maximum building height of 50m apply to the south-eastern portion of the site; and

b) a maximum floor space ratio of 3.66:1 apply to the eastern portion of the site.

2. Endorse and delegate authority to the Mayor and the General Manager to execute the Voluntary Planning Agreement, on behalf of Council, for Building 3, 20-22 Dressler Court, Merrylands, as provided in Attachment 2.

3. Finalise the planning proposal, as delegated by the Minister, following execution of the Voluntary Planning Agreement and registration on title.

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

Report

Background

A planning proposal request was lodged with Council in July 2018 for Building 3, 20-22 Dressler Court, Merrylands (formerly known as 1-11 Neil Street, Merrylands), which sought to increase the maximum height of buildings and floor space ratio controls under the Holroyd Local Environmental Plan (LEP) 2013 for this site.

The proposal was considered by the Cumberland Local Planning Panel in May 2019, with the Panel recommending that the proposal be reported to Council seeking a resolution to proceed to Gateway.

This was reported to Council in June 2019, with Council endorsing that a planning proposal be prepared with the following built form controls:

· Maximum building height of 50m applying to the south-eastern portion of the site

· Floor space ratio of 3.66:1 applying to the eastern portion of the site.

Following endorsement by Council of the planning proposal for Gateway Determination, and as outlined in the Council report, further negotiations were undertaken on the public benefit offer submitted by the applicant to Council. The public benefit offer was captured through the preparation of a Voluntary Planning Agreement.

Public Exhibition of the Planning Proposal and draft Voluntary Planning Agreement

The planning proposal and draft Voluntary Planning Agreement were placed on public exhibition from Wednesday 19 February 2020 to Wednesday 18 March 2020. The exhibition material was made available online and in hard copy form in Council’s administration buildings and libraries. A public notice was placed in newspapers that circulate in the local area (Auburn Review and Parramatta Advertiser).

Council received a total of eighteen (18) submissions from local residents objecting to the proposal. One submission also contained an objection to the draft Voluntary Planning Agreement. The key concerns raised in the submissions included:

· Lack of strategic merit for the proposal where there appears to be an oversupply of units in the local area, demonstrated by high vacancy rates

· Amenity impacts such as increased traffic and parking, and overshadowing on nearby residential properties, including Building 2 and those on the eastern side of the railway line

· Concerns about the draft Voluntary Planning Agreement, including the method of calculating Council’s value capture entitlement and how the money is to be used.

As part of the Gateway Determination, Council was also required to consult with the following public authorities: Roads and Maritime Services and Transport for NSW. No submissions were received from these public authorities.

Planning Proposal

The submissions raised in the public submissions for the planning proposal were considered by Council officers. These issues were considered prior to the Gateway Determination stage of the planning proposal or can be addressed as part of the development application stage of the proposal. No changes to the planning proposal are proposed in response to the public submissions.

Voluntary Planning Agreement

Following Council’s resolution to forward the planning proposal for a Gateway Determination, a Voluntary Planning Agreement was negotiated between Council and the applicant to capture the public benefit offer. The Agreement secures the receipt of monetary contributions linked to local infrastructure works that supports the redevelopment of the Merrylands town centre.

The outcome of negotiations for the public benefit offer is guided by Council’s Planning Agreements Policy that seeks to capture the increase in residual land value arising from the planning proposal. The residual land value was determined by an independent valuation undertaken by Council, a peer review of Council’s valuation undertaken by the proponent and further review by Council’s independent valuer. The Voluntary Planning Agreement is considered to be consistent with Council’s Planning Agreements Policy.

No changes have been made to the Voluntary Planning Agreement following notification of the Agreement in conjunction with the public exhibition of the planning proposal.

It is recommended that Council endorse and, through the Mayor and General Manager, execute the Voluntary Planning Agreement, as provided in Attachment 2.

Community Engagement

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

Policy Implications

The proposal involves amendments to the Holroyd Local Environmental Plan 2013. The draft Voluntary Planning Agreement is consistent with Council’s Planning Agreements Policy.

Risk Implications

There are minimal risk implications for Council associated with this report. The Voluntary Planning Agreement must be executed by both parties prior to the Local Environmental Plan amendment being finalised (gazetted). All statutory and Council policy requirements have been met.

Financial Implications

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

CONCLUSION

As required by Council’s resolution for the planning proposal in June 2019, the planning proposal has been prepared and publicly exhibited for a period of 28 days. This report outlines the feedback received during exhibition.

It is recommended that the Voluntary Planning Agreement be executed and Council finalise the planning proposal, as delegated by the Minister, following execution of the Agreement.

Attachments

1. Planning Proposal

2. Voluntary Planning Agreement

3. Gateway Determination

4. Summary of Community Submissions

5. Minutes and Council Report from Meeting 19 June 2019

6. Valuation Advice (confidential)

7. Peer Review of Valuation Advice (confidential)

Council Meeting

20 May 2020

Item No: C05/20-440

Planning Proposal for 1 Crescent Street, Holroyd

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: PP2020/0006

Community Strategic Plan Goal: A resilient built environment

Summary

This report provides an update on the planning proposal at 1 Crescent Street, Holroyd (former Caterpillar site). This proposal was initially considered by the former Holroyd Council, but is now under the planning authority of the Sydney Central City Regional Panel.

The Regional Panel has issued a Gateway Determination on the proposal. The proponent of the planning proposal is currently progressing the conditions of the Gateway Determination, which need to be met prior to going on public exhibition. Some of these conditions require the proponent to seek input from Council.

Council has identified a number of concerns with the proposal, including lack of alignment with strategic plans, and site specific concerns regarding the location, scale and impact of the proposal. Council continues to advocate these concerns at a local and regional level.

Endorsement is sought from Council on the approach going forward in dealing with the proposal. It is recommended that Council:

· Write to the Minister for Planning and Public Spaces outlining Council’s strategic and site-specific concerns on the proposal. This continues Council’s advocacy regarding concerns with the proposal

· Delegate authority to the General Manager to liaise with the proponent and government agencies on the details regarding the planning proposal. This is to ensure that the community’s interests are represented as best as possible, should the planning proposal proceed to finalisation

Recommendation

That Council:

1. Note the status of the planning proposal for 1 Crescent St, Holroyd (former Caterpillar site), with a Gateway Determination issued by the Sydney Central City Planning Panel in July 2019.

2. Write to the Minister for Planning and Public Spaces, outlining Council’s strategic and site specific concerns on the planning proposal.

3. Delegate authority to the General Manager to liaise with the proponent and government agencies on the details regarding the planning proposal, to ensure that the community’s interests are represented as best as possible should the planning proposal proceed to finalisation.

Report

Background

Initial proposals considered by Council

The then Holroyd Council received a Planning Proposal Request from Tiberius Pty Ltd (the proponent) on 17 June 2015, for 1 Crescent Street, Holroyd (former Caterpillar site). The proponent sought to amend the Holroyd Local Environmental Plan 2013, by:

· Rezoning the land from B5 Business Development to allow R4 High Density Residential, B4 Mixed use development and RE2 Private Recreation

· Increase the maximum building height from 15m to 115m and 80m

· Increase the maximum floor space ratio from 1:1 to 6.2:1 and 3.3:1

This proposal would result of up to 1,900 apartments, a supermarket, retail space and open space in the form of freestanding residential apartments and a mixed used development.

The planning proposal was reported to the then Holroyd Council at the 16 February 2016 meeting, Council resolved to not support the planning proposal based on the following key issues:

· Loss of employment potential (zoning): the proposal would have resulted in a net loss of employment land, loss of potential employment floor space and a reduction of employment potential

· Residential density (floor space ratio): the proposed development yield and floor space ratios represent a net floor space ratio (excluding roads) of approximately 7:1 and a gross dwelling density of over 400 dwellings per hectare, which is inappropriate for ‘fringe-of-centre’ locations and only normally provided in core area of centres on rail or public transport nodes (such as Merrylands CBD)

· Urban design and scale (building height): the proposed building heights were excessive for this location; based on a substandard contextual analysis and relying on comparisons that are not comparable to the proposal (such as Parramatta CBD and a planning proposal in the core of Granville Precinct which has since been reduced at Gateway determination)

The proponent resubmitted a modified planning proposal on 22 March 2016, which altered the original proposal substantially, requiring further assessment by Council officers. The modified proposal represented a development concept that was more unsuitable than the original planning proposal.

Rezoning review process

Subsequently, the proponent made a request to the then Department of Planning and Environment to undertake a rezoning review, due to Council not meeting the 90 day requirement to forward the planning proposal to the Department for a Gateway Determination. The former Sydney West Central Planning Panel (now Sydney Central City Planning Panel) considered the proposal and concluded that it had sufficient merit to proceed to Gateway, subject to conditions.

On 2 November 2017, the then Sydney West Central Planning Panel (now known as the Sydney Central City Regional Panel) was appointed as the planning proposal authority.

The proponent has since amended the planning proposal during the rezoning review process to the following:

· Rezone the site from B5 Business Development to part B6 Enterprise Corridor (including ‘commercial premises’ as an additional permitted use), part R4 High Density Residential, part RE1 Public Recreation and part SP2 Infrastructure

· Increase the maximum floor space ratio (FSR) control for the site from 1:1 to between 3.4:1 and 4.2:1

· Increase the maximum height of building control for the site from 15m to between 32m and 96m

This would result in up to 1,255 high-rise residential dwellings on the site.

Gateway Determination by the Sydney Central City Planning Panel

Based on the amended proposal, the Sydney Central City Planning Panel released a Gateway Determination on 17 July 2019, supporting the progression of the planning proposal with conditions. These conditions relate to requiring the planning proposal and supporting documents be updated to ensure consistency, consultation with RMS, inclusion of affordable housing (7% in perpetuity) as part of the development (subject to studies), inclusion of a satisfactory arrangements clause, need for mandatory commercial floor space and update of the project timeline.

Upon amendment of the proposal and studies to address the above conditions, approval is required from the Department of Planning, Industry and Environment prior to exhibition occurring.

The Gateway Determination also required the preparation of a site specific Development Control Plan (DCP) with Council prior to public exhibition.

Since the issue of the Gateway Determination for the proposal, the proponent requested amendments on 31 October 2019 to some conditions to enable the proposal to proceed to public exhibition. The matter was considered by the Sydney Central City Planning Panel on 16-17 March 2020, and their advice provided subsequent to the meeting.

Chronology

As a summary, Table 1 provides a chronology of events in regard to the planning proposal at 1 Crescent Street, Holroyd.

Date	Milestone
13 November 2014	Pre-lodgement meeting
9 February 2015	Councillor briefing by proponent
17 June 2015	Planning Proposal Request lodged
10 November 2015	Councillor briefing by officers
16 February 2016	Planning Proposal refused at Ordinary Council meeting
22 March 2016	Modified Planning Proposal submitted to Council
16 June 2016	Council notified of rezoning review for the Planning Proposal
15 June 2017	Meeting on rezoning review of planning proposal held by Sydney West Central Planning Panel
8 November 2017	Sydney West Central Planning Panel appointed as relevant planning authority
17 July 2019	Gateway Determination released by Sydney Central City Planning Panel
31 October 2019	Proponent requested amendment of Gateway Determination conditions
16-17 March 2020	Sydney Central City Planning Panel meeting to discuss amendments to Gateway Determination conditions. Briefing of Panel by Mayor and Director Environment and Planning on the planning proposal. Advice provided by Panel on planning proposal

Table 1: Chronology of planning proposal for 1 Crescent Street, Holroyd

Concerns on the proposal

Strategic concerns

The proposal is not aligned with relevant strategic plans for the area. This includes:

· Parramatta Road Corridor Urban Transformation Strategy, which identifies the existing planning controls as the desired land use outcome for the site. This Strategy was endorsed by the NSW Government

· Cumberland 2030: Our Local Strategic Planning Statement, which does not identify the proposal as part of strategic planning for the area. This Statement was endorsed by Council and received a letter of support from the Greater Sydney Commission

Site specific concerns

A number of site specific concerns have been identified on the proposal at 1 Crescent Street, Holroyd. These include:

· The scale of the development, including the number of apartments, building heights and density

· Access constraints at this location, including road capacity at Woodville Road, M4 Motorway and Parramatta Road, and difficulty for pedestrian access to public transport services

· Interface of residential development with adjoining industrial and sportsground land uses

· Inconsistency of proposed affordable housing offering when assessed against Council Interim Affordable Housing Policy

Current status

Affordable housing

The proponent requested amending the gateway condition regarding affordable housing provision. They were seeking that, instead of the Gateway Determination requirement that the affordable rental housing units be held in perpetuity, that these units be held for a period of 12 years. The study undertaken by the proponent was provided to Council officers for information purposes.

This amendment was considered by the Sydney Central City Planning Panel and not supported due to only a limited number of scenarios that were examined as part of the proponent’s affordable housing study. The Panel recommended that the proponent meet with registered community housing providers with charity status, to receive advice on scenarios able to be achieved in partnership with the provider.

The Panel also acknowledged that there have been recent examples of where 10% affordable housing yields have been successfully achieved in the Cumberland area.

Site specific Development Control Plan

The proponent requested to amend the gateway condition regarding the site specific Development Control Plan to allow for its preparation following finalisation of the planning proposal but prior to the determination of any development application over the site.

The Panel supported this amendment. However, the Panel determined that in order to assist the community in understanding the Proposal, an indicative Development Control Plan should be placed on exhibition with planning proposal. It is noted that Council officers have received a draft site specific Development Control Plan from the proponent for review, but are awaiting Council’s resolution on the matter before providing a response.

Satisfactory arrangements

The Panel also noted that the Proponent had not adequately satisfied the Gateway condition regarding the inclusion of satisfactory arrangements for infrastructure. The Panel recommended that a Voluntary Planning Agreement be negotiated with both Council and the Department of Planning, Industry and Environment in order to ensure an appropriate public benefit offer is provided by the proponent.

Next steps

Since the release of a Gateway Determination on the proposal, the proponent is currently progressing the conditions of the Gateway Determination, which need to be met prior to going on public exhibition. Some of these conditions require the proponent to seek input from Council.

· Write to the Minister for Planning and Public Spaces, outlining Council’s strategic and site-specific concerns on the proposal. This continues Council’s advocacy regarding the concerns with the proposal

If Council chooses not to be involved in progressing the details associated with the planning proposal, there is a high risk that local implications and infrastructure requirements are not fully considered at the early stages of the proposal. Any adverse impacts will need to be dealt with by Council at a future stage once development proceeds at this location, with a financial and resource impact on Council that is not captured through satisfactory arrangements identified for the proposal.

Community Engagement

Should the Gateway Determination conditions be satisfied by the proponent, public exhibition will be undertaken by the Department of Planning, Industry and Environment on the planning proposal.

Policy Implications

The planning proposal does not align with the strategic directions of the Parramatta Road Corridor Urban Transformation Strategy of Cumberland 2030: Our Local Strategic Planning Statement. Notwithstanding this, the Sydney Central City Planning Panel is the responsible planning authority and have delegation to make decisions on the proposal, such as the Gateway Determination issued for the planning proposal.

Risk Implications

While Council has concerns on the location, scale and impact of the planning proposal, a decision for Council to not be involved in progressing the details could lead to a development proceeding that does not fully consider local implications and infrastructure requirements. The involvement of Council officers in progressing the details with the proponent and government agencies will mitigate this impact.

Financial Implications

Should Council choose to be involved in discussions on satisfactory arrangements on the proposal, a Voluntary Planning Agreement will be prepared to capture the public benefit offer associated with the planning proposal.

CONCLUSION

Council has identified a number of concerns with the strategic alignment, location, scale and impact of the proposal at 1 Crescent Street, Holroyd (former Caterpillar site); however, the matter is under the authority of the Sydney Central City Regional Panel and a Gateway Determination has been issued for the proposal.

While there has been a long history on the planning proposal for the site, endorsement is sought from Council on the approach going forward in dealing with the proposal. It is recommended that Council write to the Minister for Planning and Public Spaces, outlining Council’s strategic and site specific concerns on the proposal. It is also recommended that Council delegate authority to the General Manager to liaise with the proponent and government agencies on the details regarding the planning proposal, to ensure that the community’s interests are represented as best as possible should the planning proposal proceed to finalisation.

Attachments

1. 1 Crescent Street, Holroyd - Planning Proposal

2. 1 Crescent Street, Holroyd - Gateway Determination

3. Sydney Central City Planning Panel - Briefing Report (March 2020)

4. Sydney Central City Planning Panel - Decision (March 2020)

5. Draft Site Specific DCP from Applicant (Confidential)

6. Affordable Housing Feasibility Report from Applicant (Confidential)

Council Meeting

20 May 2020

Council Meeting

20 May 2020

Item No: C05/20-441

Planning Proposal - 2-36 Church Street, Lidcombe

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: PP1/2019

Community Strategic Plan Goal: A resilient built environment

Summary

This planning proposal seeks to amend the Auburn Local Environmental Plan 2010 for land at 2-36 Church Street, Lidcombe, to:

· Increase the Height of Building controls from:

o 14.9 metres to 22 metres

o 16.9 metres to 32 metres

o 22.9 metres to 40 metres

o 27 metres to 40 metres.

· Increase the Floor Space Ratio controls from 1:29:1, 1.49:1, 2.49:1 and 2.6:1 to 3.2:1.

The proposal has been placed on preliminary public exhibition (pre-Gateway), and was reported to the Cumberland Local Planning Panel in April 2020. The Panel provided advice that there was strategic and site specific merit in the proposal, and generally supported Council’s amended planning controls for building heights and floor space ratio. The Panel also acknowledged the significant social benefits of the proponent’s proposal through the greater provision of social and affordable housing.

It is recommended that the planning proposal be forwarded to the Department of Planning, Industry and Environment for a Gateway Determination. Should a Gateway Determination be received, further work on a Voluntary Planning Agreement will be undertaken.

Recommendation

That Council:

1. Endorse an amended planning proposal for the site that seeks to amend the Auburn Local Environmental Plan 2010, to:

a. Amend the Height of Building (HOB) control for the site from:

I. 14.9 metres to 22 metres

II. 16.9 metres to 32 metres

III. 22.9 metres to 40 metres

IV. 27 metres to 40 metres

b. Amend the Floor Space Ratio control for the site from 1:29:1, 1.49:1, 2.49:1 and 2.6:1 to 3.2:1.

2. Endorse that the planning proposal for 2-36 Church Street, Lidcombe, be forwarded to the Department of Planning, Industry and Environment for a Gateway Determination.

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

Report

Background

The Planning Proposal Request for the site was lodged in November 2019. The proposal sought to amend the Auburn Local Environmental Plan 2010 for 2-36 Church Street, Lidcombe, by:

· Increasing the Height of Building controls from:

o 14.9 metres to 22 metres

o 16.9 metres to 44 metres

o 22.9 metres to 53 metres

o 27 metres to 53 metres

· Increasing the Floor Space Ratio from, 1:29:1, 1.49:1, 2.49:1 and 2.6:1 to 4.21:1.

The proposal seeks to facilitate redevelopment of the site for an integrated residential neighbourhood of 480 apartments, including social housing dwellings, affordable rental housing dwellings for key workers in health, education and police sectors, and private housing dwellings.

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

Figure 1 Planning Proposal Status

The Site and its Context

The site, located at 2-36 Church Street, Lidcombe, is owned by Land and Housing Corporation NSW (LAHC). The site is close to Lidcombe railway station and within 400m of the hub of the Lidcombe Town Centre. The project, entailing a mixed tenure residential development of four stand-alone buildings with basement parking and a childcare centre, will facilitate redevelopment of the site as part of the NSW Government’s Communities Plus Program. This program seeks to deliver new communities where social housing blends with private housing, with good access to transport, employment, improved community facilities and open space.

The Communities Plus Program seeks to leverage the expertise and capacity of the private and non-government sectors. As part of this program, Billbergia was selected as the successful proponent to develop the site.

A development application on this site was approved by the Sydney Central City Planning Panel in December 2019 to support a redevelopment of the site in accordance with the outcomes of the Communities Plus Program. This approval was based on the current controls of the site, and provides 262 apartments. The planning proposal is seeking to achieve greater social, affordable and private housing outcomes on the site through changes in the height and floor space ratio controls.

Figure 2 The Subject Site

Local Context

The boundaries of the site to the north, east and west are defined by Church Street. The site is approximately 350m east of Lidcombe Station. The site is bounded directly to the south by the Lidcombe-Olympic Park railway corridor.

The site is approximately 10,132m² and is currently comprised of 18 lots. Street frontage along Church Street measures approximately 273 metres.

The site falls approximately 8m across the length of the site. There are steeper areas of slope towards the north-western edge of the site.

The majority of the lots on the northern side of Church Street contain single and double storey detached dwelling houses, with the exception of an eight level residential flat building to the north-west of the site. At the far eastern end of the site is a raised bridge that crosses over the railway corridor and leads through to a light industrial area.

There is a large landscaped median strip in the north-east of the site which will be used to provide additional open space amenity for the proposal.

Regional Context

Lidcombe is a principal local centre within the Cumberland local government area. Lidcombe is approximately 18km west of the Sydney CBD and 8km to the east of the Parramatta CBD. Lidcombe Railway Station is serviced by the T1 Western Line, the T2 Inner West & Leppington Line, the T3 Bankstown Line and the T7 Olympic Park line. There are also four bus stops located within five minutes walking distance of the site, providing access to a range of local and cross-regional bus services.

Figure 3 Regional Context

Planning Controls

Current Planning Controls

The site is currently zoned R4 High Density Residential, with Maximum Height of Building controls of 14.9 metres, 16.9 metres, 22.9 metres and 29 metres and Floor Space Ratio controls of 1:29:1, 1.49:1, 2.49:1 and 2.6:1 applying across the site. Lidcombe Railway Station, which is adjacent to the site, is listed as a heritage item. These controls are shown graphically in Figures 4 to 7.

Figure 4 Current Land Zoning (LZN) Map

Figure 5 Current Floor Space Ratio (FSR) Map

Figure 6 Current Height of Building (HoB) Map

Figure 7 Current Heritage Items

Lidcombe Town Centre Planning Controls Strategy

The Lidcombe Town Centre Planning Controls Strategy has been developed by Council and is included as part of the planning proposal for the new Cumberland Local Environmental Plan. The Strategy supports the provision of an increased range of heights in Lidcombe Town Centre to facilitate improved urban design and the economic growth of the town centre, including public domain improvements in the future.

The building heights of the strategy range from 18 metres to 60 metres within the Lidcombe Town Centre. Building heights on the northern side of the railway line will graduate east to west from 29 metres, 36 metres, 38 metre, 55 metres to 60 metres. On the southern side of the railway line, the building heights will graduate east to west from 45 metres, 55 metres to 60 metres.

Figure 8 Proposed Building Heights in Lidcombe Town Centre Planning Controls Strategy

The site for this planning proposal is not located within the area investigated for the Lidcombe Town Centre Planning Controls Strategy, but is adjacent to the study area. The low density development to the north will maintain its existing 9 metre maximum building height, and the residential apartment complex on the corner of Church Street and Swete Street will remain at 25 metres.

Planning Proposal Request

The Planning Proposal Request seeks to amend the Auburn Local Environmental Plan 2010 (ALEP 2010) to allow the redevelopment of the site for an integrated residential neighbourhood, including social housing mixed with affordable housing, private housing and a child care centre, by:

· Increasing the Height of Building controls from:

o 14.9 metres to 22 metres

o 16.9 metres to 44 metres

o 22.9 metres to 53 metres

o 27 metres to 53 metres

· Increasing the Floor Space Ratio from, 1:29:1, 1.49:1, 2.49:1 and 2.6:1 to 4.2:1

The changes to planning controls identified in the Planning Proposal Request is outlined in Figures 9 and 10.

Figure 9 Proposed Floor Space Ratio (FSR) Map

Figure 10 Proposed Height of Buildings (HoB) Map

The intended outcomes of the planning proposal are to:

· Deliver approximately 42,000m² of additional gross floor area (GFA) to the Lidcombe Town Centre. The floor space will be predominantly for residential accommodation, with a proportion being dedicated to social and affordable housing

· Deliver residential development providing varying unit sizes and affordability options within walking distance of existing local facilities and public transport connectivity

· Achieve consistency with State Government policy to encourage growth within existing centres

· Promote sound planning practice and transport focused development

· Manage redevelopment of the site resulting from the amalgamation of 18 existing lots, in a timely and comprehensive manner.

A concept plan of the Planning Proposal Request is provided in Figure 11.

Figure 11 Concept Plan of the Planning Proposal Request

Based on the Planning Proposal Request, a total of 480 apartments are provided. This is an increase of 218 apartments when compared to the approved development under the current controls.

Amended Planning Proposal

Council has reviewed the planning proposal request in relation to the built form components of floor space ratio and height. This review has considered the interface with the adjoining residential areas and Lidcombe Town Centre, and overshadowing impacts of the proposal in relation to adjoining residential areas and the heritage listed Rookwood Cemetery and Necropolis. Based on this review, an amended planning proposal is identified for the site.

Interface with Town Centre and Adjoining Residential

The current planning controls encourage a stepped form from west to east away from the Lidcombe Town Centre. This approach is maintained with the proponent’s Planning Proposal Request and is also consistent with the approach used for the Lidcombe Town Centre Planning Controls Strategy.

The proponent’s proposed building heights of 53 metres are higher than the building heights of 25 metres adjoining the site and the building heights of 45 metres within the north east part of the town centre, as identified in the Lidcombe Town Centre Planning Controls Strategy.

In relation to the interface between the low density residential along Church Street and the concept plan included in the planning proposal request, a building separation of over 20 metres will be provided between existing low-density dwellings on the northern side of Church Street and the proposed buildings.

Overshadowing Impacts

A review of overshadowing indicates that the buildings identified in the planning proposal do not impact on adjoining residential areas. The location and siting of the buildings casts a shadow across the train corridor.

The proponent’s proposed building heights of 53 metres and 44 metres overshadow the northwest corner of Rookwood Cemetery and Necropolis. This provides an unacceptable impact on the heritage listed site. The review by Council indicates that a maximum building height of 40 metres will avoid overshadowing impacts on the cemetery.

Amended Planning Proposal

Based on the review, an amended planning proposal is identified for the site with the following planning controls:

· A graduated maximum building height on the site, consistent with the current planning approach, based on 40m for the two buildings closest to Lidcombe Train Station (western end), 32m for the third building and 22m for the fourth building (eastern end)

· A floor space ratio of 3.2:1 for the site, aligned with the proposed maximum building heights in the amended planning proposal.

The proposed planning controls for the amended planning proposal are provided in Figures 12 and 13.

Figure 12 Proposed Height of Building Controls with Amended Planning Proposal

Figure 13 Proposed Floor Space Ratio Controls with Amended Planning Proposal

Based on the amended planning proposal, a total of 392 apartments are estimated to be provided. This is an increase of 130 apartments when compared to the approved development under the current controls.

Advice from the Cumberland Local Planning Panel

The planning proposal was reported to the Cumberland Local Planning Panel on 8 April 2020. The Panel determined that the proposal had both site specific and strategic merit.

The Panel generally supported the recommendation made by Council Officers of an amended planning proposal with reduced building heights and floor space ratio. They also supported Council’s concern with the overshadowing of the Rockwood Cemetery and Necropolis.

However, the Panel did accept the proponent’s justification that there will be significant social benefits in the additional height and floor space from the proponent’s planning proposal, due to the greater provision of social and affordable housing that will be supplied under their proposed controls. They also accepted the proponent’s advice that Council’s amended planning proposal would result in a loss of 15 to 18 social housing units and approximately 27 to 30 affordable housing units.

The Panel advised Council that it needs to weigh the greater social benefits against concerns for overshadowing Rockwood Cemetery and Necropolis and the inconsistency with the Lidcombe Town Centre Strategy.

Comparison of Units Proposed for the Site

A comparison has been prepared on the number of social, affordable and private units that can be accommodated under the proposed planning schemes on the site, and is shown in Figure 14. The comparison is based on the approved development application for the site, the applicant’s scheme as outlined in the Planning Proposal Request and the amended scheme as outlined in this report.

Figure 14 Comparison of Units Proposed for the Site

Public Benefit Offer

The proponent is also proposing a public benefit offer of a monetary contribution towards local road upgrades and traffic management improvements.

The proponent would also like Council to consider that additional public benefit will be derived from the provision of additional social housing units and affordable rental housing properties.

The offer will be considered by Council should a Gateway Determination be issued, with reference to Council’s Planning Agreements Policy and Interim Affordable Housing Policy.

Strategic Merit Assessment

Built Form

There is strategic merit in progressing the proposal to the next phase of assessment following consideration of built form, as:

· The range in building heights encourage a stepped form from west to east away from the Lidcombe Town Centre, consistent with the approach to current planning controls on the site and the Lidcombe Town Centre Planning Controls Strategy

· The amended planning proposal with reduced building heights and floor space ratio controls will result in a built form that minimises interface impacts on adjoining residential properties.

Traffic and Transport

There is strategic merit in progressing the proposal to the next phase of assessment following consideration of traffic and transport, as:

· The surrounding road network operates with a reasonable level of service during peak periods

· The adjoining road network is capable of accommodating traffic volumes estimated to be generated by the proposal

· The proposed site access arrangements are projected to result in motorists being capable of entering and exiting the subject site in a safe and efficient manner

· The proposal is within walking distance to public transport services at Lidcombe Town Centre, providing local and regional access to key centres.

Heritage

There is strategic merit in progressing the proposal to the next phase of assessment following consideration of heritage, as:

· The site is outside of the curtilage of Heritage Item No. A56 ‘Lidcombe Signal Box’ (south side of railway lines)

· The reduced building heights outlined in the amended planning proposal will avoid overshadowing impacts on the State Heritage Listed Rookwood Cemetery and Necropolis.

Economic and Social Benefits

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

· The proposal will provide a mixed tenure residential development consisting of private, affordable and social housing, contributing to an increase in housing supply for different market segments

· There will be a temporary increase in employment opportunities as a result of construction jobs associated with the proposal.

Consistency with Cumberland 2030: Our Local Strategic Planning Statement

There is strategic merit in progressing the proposal to the next phase of assessment, as it is consistent with the following key Local Planning Priorities of Cumberland 2030: Our Local Strategic Planning Statement:

· Planning Priority 5: Delivering housing diversity to suit changing needs: as the proposal will deliver variety of apartment types including social and affordable housing apartments

· Planning Priority 6: Delivering affordable housing suitable for the needs of all people at various stages of their lives: as the proposal will deliver affordable and social housing

· Planning Priority 11: Promoting access to local jobs, education opportunities and care services: as the proposal will deliver additional housing opportunities close to the employment and education facilities that are located in close proximity to the Lidcombe Town Centre and adjoining employment areas.

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

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

· Objective 10. Greater housing supply: the proposal provides a greater amount of housing supply than would be possible if there were no change to the height and floor space ratio control

· Objective 11. Housing is more diverse and affordable: the proposal aims to deliver a range of housing types, sizes and tenures increase housing diversity and affordability

· Objective 14 A metropolis of three cities – integrated land use and transport creates a walkable and 30 minute cities: the proposal provide additional housing within walking distance of Lidcombe station. The level of service offered by Lidcombe Station is greater than other centres, and provide a greater level of opportunity for the future residents to access jobs and services.

Consistency with the Central City District Plan

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

· Planning Priority C5 Providing housing supply, choice and affordability with access to jobs, services and public transport: the proposal seeks to deliver additional housing in close proximity to established residential neighbourhoods, services and public transport

· Planning Priority C6 Creating and renewing great places and local centres, and respecting the District’s heritage: the proposal for a new residential apartment development within 400m of Lidcombe train station and the town centre will encourage users of the site to utilise public transport and to walk

· Planning Priority C9 Delivering integrated land use and transport planning and a 30 minute city: the proposal will facilitate the provision of additional housing in close proximity to the Lidcombe train station and associated railway lines. These railway lines access strategic centres, giving more people access to services via public transport within 30 minutes.

Recommended Planning Controls

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

Planning Controls (Holroyd LEP 2013)	Existing Controls	Proponent proposed controls	Amended planning controls	Cumberland Local Planning Panel advice (April 2020)	Recommended planning controls
Zoning	R4 High Density Residential	R4 High Density Residential	R4 High Density Residential	R4 High Density Residential	R4 High Density Residential
Height of Building	14.9 metres 16.9 metres 22.9 metres 27 metres	22 metres 44 metres 53 metres	22 metres 32 metres 40 metres	22 metres 32 metres 40 metres	22 metres 32 metres 40 metres
Floor Space Ratio	1.29:1 1.49:1 2.49:1 2.6:1	4.21:1	3.2:1	3.2:1	3.2:1

Table 1 Recommended Planning Controls for Proposal

Next Steps

It is recommended that the planning proposal be forwarded to the Department of Planning, Industry and Environment for a Gateway Determination.

Should the proposal proceed to a Gateway Determination, negotiations regarding the public benefit offer will be progressed and captured through a Voluntary Planning Agreement in accordance with Council’s Planning Agreements Policy.

Community Engagement

The proposal and supporting documentation were exhibited for a period of 28 days, from 8 February 2020 to 9 March 2020, as required by Cumberland’s Planning Proposal Notification Policy. A total of 15 submissions were received during the exhibition period. The submission raised concerns about the following issues:

· Increase in traffic and traffic congestion as a result of the development

· Parking issues created by the development

· Street parking on Church Street and Swete Street are currently heavily used by commuters

· Overshadowing impacts

· Loss of privacy and overlooking due to number of units proposed

· Inconsistency with Auburn and Lidcombe Town Centre Planning Controls Strategy.

Many of the issues raised are covered in the supporting documentation for the planning proposal, or can be addressed during the development application stage of the proposal. The planning proposal also provides a built form response to the interface considerations with the Lidcombe Town Centre Planning Controls Strategy.

Policy Implications

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

Risk Implications

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

Financial Implications

Should Council support a Gateway Determination for the proposal, a Voluntary Planning Agreement will be negotiated between Council and the applicant.

CONCLUSION

It is recommended that the amended planning proposal, with a revised Height of Building controls of 40 metres, 32 metres and 22 metres, and a revised Floor Space Ratio control of 3.2:1, be reported to Council seeking a Gateway Determination. This recommendation is being made as:

· The proposal will provide a mixed tenure residential development consisting of private, affordable and social housing

· The amended proposal will minimise interface impacts with adjoining residential properties, and avoid overshadowing of the heritage listed Rookwood Cemetery and Necropolis

· The proposal is in close proximity to public transport services and the adjoining road network is capable of accommodating the traffic volumes projected to be generated by the proposal

· Is consistent with strategic directions outlined in Cumberland 2030: Our Local Strategic Planning Statement, Greater Sydney Region Plan and Central City District Plan.

Attachments

1. Planning Proposal Request

2. Minutes of the CLPP Meeting 8 April 2020

3. Design Report

4. Traffic Impact Assessment

5. Social Impact Assessment

6. Heritage Impact Statement

7. Summary of Submissions

Council Meeting

20 May 2020

Item No: C05/20-443

Response to Matter of Urgency - Cumberland Local Traffic Committee Terms of Reference

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: SC450

Community Strategic Plan Goal: A safe accessible community

Summary

This report responds to Council’s matter of urgency (Min.954) considered at the Ordinary Meeting of Council on 4 March, 2020. Contained within this report are key recommendations which seek to improve the efficiency of the Cumberland City Council Local Traffic Committee.

Recommendation

That Council:

1. Adopt the Draft Cumberland City Council Local Traffic Committee Terms of Reference as attached.

2. Confirm the appointments of voting member and alternate voting member on the Cumberland City Council Traffic Committee, in accordance with the Terms of Reference.

Report

Background

The Cumberland Local Traffic Committee was formed in 2016 during the administration period of Council and operated under an adopted Terms of Reference (ToR) implemented during this period. In late 2017 the Terms of Reference adopted by the Administrator in 2016 were placed under review and subsequently reported to Council on 13 December 2017, Council resolved the following (ITEM 218/17 Min.343):

“1. Endorse the proposed Terms of Reference of the Cumberland Council Local Traffic Committee subject to the items listed in the part 1 of the Draft Terms of Reference as matters to be determined by the Traffic Committee by delegated authority (with the exception of work zones), instead being listed as items to be considered by the Traffic Committee as matters to be recommended for Council approval.

2. Nominate Councillor Hamed as an alternate voting member to the Cumberland Council Local Traffic Committee.”

Since that time, Council Officers have followed the adopted Terms of Reference by presenting all items for consideration by the Cumberland Traffic Committee (CTC), prior to seeking Council approval with the exception of Work Zones. This has resulted in a large number of matters being considered by the CTC at ‘face to face’ meetings, with the Committee realising that their time (and technical input) may be better spent in addressing the road related matters that have a more significant impact on traffic movements throughout the Cumberland Local Government Area.

This issue was subsequently raised as a Matter of Urgency at Council’s Ordinary Meeting of 4 March 2020, where the following was resolved (Min.954):

“That the General Manager report to Council recommending changes to the terms of reference for the Cumberland Traffic Committee to enable the expedient processing of minor traffic matters to enable a more rapid resolution to community issues”.

Operation of a Local Traffic Committee

The Roads and Maritime Services (RMS) is legislated as the organisation responsible for the control of traffic on all roads in New South Wales. Traffic is controlled by the installation of prescribed traffic control devices and regulatory signs. The RMS may however delegate certain aspects of the control of traffic on local roads to a Local Council, although the delegation of this power does not remove the ability of the RMS to exercise those delegated functions, should circumstances warrant such action.

The Local Traffic Committee is therefore a technical review committee of Council, that advises Council on traffic control matters. These matters must be related to prescribed traffic control devices or traffic control facilities, for which Council has delegated authority.

The Local Traffic Committee is made up of the following four formal (voting) members:

· Council representative.

· RMS representative.

· NSW Police representative.

· The local State Members of Parliament or their nominees for the area falling under their state electorate.

The Council representative may be any Councillor, or a Council Officer as nominated by elected Council. This voting representative may only be appointed by resolution of Council, with an alternate representative also required to be appointed. Council’s alternate representative may attend CTC meetings in the absence of Council’s voting representative and will have the same voting entitlement in that instance.

For the purpose of clarity, it should also be noted that from 1 December 2019, the RMS and Transport for New South Wales (TfNSW) joined together to create one integrated organisation, known as TfNSW. All functions and responsibilities of RMS are now performed by TfNSW and any references to RMS will be legally taken to mean TfNSW automatically.

Following receipt of Council’s resolution on 4 March 2020, Council staff have concluded their review of the Cumberland City Council Local Traffic Committee Terms of Reference (ToR), and recommend the draft ToR (Attachment 1) be adopted by Council. For ease of Council’s reference the most significant change proposed surrounds the delegated authority provisions in the ToR. This is summarised below:

Part 1 - Delegated Authority to a Council delegate

All items defined within Part 1, are delegated to Council’s General Manager or nominee for approval, subject to the technical concurrence of the Traffic Committee;

1. All regulatory signs contained in RMS document “Regulatory Signs’.

a) Movement series such as STOP, GIVE WAY etc.

b) Direction series such as One Way, Keep Left / Keep Right, No Entry / Left Turn / Right Turn etc.

c) Pedestrian Series.

d) Parking Series such as Period Parking or User limitation, No Parking, No Stopping, Bus / Mail / Taxi / Loading / Truck / Works Zone etc.

2. Pavement markings such as centre lines / edge lines / lane lines and transverse lines.

3. Signs and Line marking Plans for traffic facilities such as roundabouts/ intersection treatments and Local Area Traffic Management schemes previously notified and approved by Council.

4. Temporary road closures related to events organised by Council.

Part 2- Items Requiring Council Approval

All items defined within Part 2 require formal Council approval. These are:

1. Traffic facilities such as roundabouts, traffic islands, speed humps/raised thresholds, median islands, and intersection treatments etc involving Capital works expenditure.

2. All permanent road closures.

3. All temporary full road closures for events / activities not organised by Council.

The separation of delegated authority as identified in Part 1 and Part 2 of the ToR, is envisaged to allow the prompt response to minor matters for the benefit of the local community whilst allowing the Cumberland Local Traffic Committee to still play a prominent role in being able to more thoroughly consider technical matters that involve the expenditure of capital funds.

Community Engagement

At present, all community consultation is undertaken in accordance with the recommendations contained within the reports to the Cumberland City Council Traffic Committee.

Should Council adopt the proposed terms of reference, all matters approved under delegated authority will still be subject to the technical concurrence of the Traffic Committee and any subsequent consultation recommendations contained within the reports submitted to the Traffic Committee.

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

Amendments to the current Terms of Reference as provided within this report will benefit the Cumberland community by way of having minor items resolved in a more efficient manner, with the focus of traffic committee members then able to be more appropriately aligned to road and traffic related matters that may significantly affect traffic movements throughout the Cumberland Local Government Area.

Attachments

1. Draft Terms of Reference - Cumberland City Council Local Traffic Committee

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	0400 805 303	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

Year	Resolutions Passed	Resolutions Enacted/Completed	Resolutions in Progress
2017	150	149	1
2018	258	258	0
2019	328	312	16
2020	80	67	13