Extraordinary Cumberland Local Planning Panel Meeting 3 June 2020

An Electronic Extraordinary Meeting of Cumberland Local Planning Panel will be held at 11:30am via Zoom on Wednesday, 3 June 2020.

Business as below:

Yours faithfully

Hamish McNulty

General Manager

ORDER OF BUSINESS

1.         Receipt of Apologies

2.         Declaration of Interest

3.         Address by invited speakers

4.         Reports

          -        Development Applications

          -        Planning Proposals

5.      Closed Session Reports

 


Extraordinary Cumberland Local Planning Panel Meeting    

 3 June 2020

CONTENTS

Report No.  Name of Report                                                                                         Page No.

ELPP025/20 Cumberland Local Environmental Plan - Post Exhibition Report And Proposed Changes in Response To Further Review And Submissions..................... 5

ELPP026/20 Cumberland Local Environmental Plan – Proposed Approach On Site Specific Requests and Council’s Strategic Planning Work Program...................... 93

 


    Extraordinary Cumberland Local Planning Panel Meeting

 3 June 2020

 


Extraordinary Cumberland Local Planning Panel Meeting

 3 June 2020

 

Item No: ELPP025/20

Cumberland Local Environmental Plan - Post Exhibition Report And Proposed Changes in Response To Further Review And Submissions

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager City Strategy

File Number:                                    CS-202  

 

 

Summary:

This report outlines proposed changes to the draft Cumberland Local Environmental Plan (LEP) following receipt of a Gateway Determination and in response to submissions from public exhibition. The changes include the Council officer response to the Panel’s pre-exhibition advice, changes to selected administrative items and various minor site-specific changes in response to submissions received. It is recommended that the Panel support the proposed changes to be included in the Cumberland LEP.

Report:

Background

Council commenced preparation of the new Cumberland Local Environmental Plan (LEP) in 2019 with the focus on harmonising the planning controls of the existing Auburn, Parramatta, and Holroyd LEPs into a single set of planning controls for Cumberland.

The proposal was reported to the Cumberland Local Planning Panel in February 2020 with a recommendation to proceed to the next stage for a Gateway Determination. The Panel supported the Council officer recommendation.

A Gateway Determination was received in March 2020, and the Planning Proposal for the draft Cumberland LEP was publicly exhibited in April and May 2020. 

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

Figure 1: Planning proposal status

Draft Cumberland Local Environmental Plan (LEP)

The Planning Proposal for the new Cumberland LEP describes how the provisions of the Auburn, Parramatta, and Holroyd LEPs, as they currently apply to the Cumberland local government area, will be consolidated to provide a single planning framework for all of Cumberland City.

The Planning Proposal includes:

·        Harmonising existing planning controls into a single planning framework

·        A consistent minimum lot size for dual occupancy development in Cumberland of 585 square metres

·        Targeted changes to planning controls at selected locations, including Auburn Town Centre, Lidcombe Town Centre, Parramatta Road Corridor, Woodville Road Corridor, and government owned sites

·        New Cumberland Heritage List, with the proposed delisting of nine heritage items that no longer meet the NSW heritage criteria for assessing heritage significance

·        Consistent planning approach for places of public worship

·        Consistent planning approach for sex services premises

Where no changes are proposed, the existing planning controls will carry over into the new planning controls for Cumberland City.

Public Exhibition

The Planning Proposal for the draft Cumberland LEP was exhibited for a period of six weeks, from 1 April to 8 May 2020, in accordance with the requirements of the Environmental Planning and Assessment Act (1979) (refer to Attachment 1). 

Exhibition material was made publicly available in electronic form on Council’s website. Council also wrote directly to landowners and occupiers throughout Cumberland City. Due to Covid-19, Council was required to change how we typically consult and connect with our community in relation to planning matters. The restrictions around social distancing necessarily meant greater reliance on online and phone communication to ensure we were able provide information and continue to offer opportunities for people to have their say on the draft plans.

Public Submissions

During the public exhibition period, 168 individual submissions on the draft LEP were received. Council officers also fielded numerous phone calls during the exhibition period, assisting residents and stakeholders with their enquiries.

Recurring themes and messages raised in the public submissions included:

·        Support planning for strategic corridors and centres

·        Support for higher densities around stations/transport nodes

·        Amenity concerns with high density development – referencing COVID-19 social distancing requirements and the need for adequate open space

·        Sustainability and climate change concerns

·        Zoning and land use permissibility concerns – ensuring sufficient diversity in housing provision

·        General comments concerning traffic and local road networks

Public Authorities

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

·        Transport for NSW

·        Roads and Maritime Services

·        Sydney Trains

·        City of Parramatta Council

·        Department of Premier and Cabinet – NSW Heritage

·        Environment, Energy and Science Group

·        Sydney Water

Transport for NSW made a submission providing collated comments from across the Transport cluster (including Roads and Maritime Services and Sydney Trains). In particular, TfNSW advised that consideration of the additional public infrastructure associated with the targeted changes to planning controls at selected locations, including Auburn Town Centre, Lidcombe Town Centre, Parramatta Road Corridor, Woodville Road Corridor should be undertaken as part of the LEP process, and not left to the development application stage. Council will continue to work with TfNSW to demonstrate that the proposed changes within the Parramatta Road Corridor will result in no net increase to traffic generation, prior to finalisation of the LEP (in accordance with condition 2 of the Gateway Determination).

The other listed authorities did not make a submission.

Site specific requests

A number of site specific requests for zoning and/or planning control changes were received during the public exhibition of the new Cumberland LEP. These submissions have been considered on their merit and categorised into one of four streams, as outlined in Table 1 below.

 

Categories of site specific requests for zoning changes

No. of sites

Locations

Stream 1: Include in new Cumberland LEP

12

Various sites across Cumberland

Stream 2: Consider in Council’s future work program of planning reviews for strategic corridors and centres

66

Strategic corridors and centres identified in Cumberland 2030: Our Local Strategic Planning Statement

Stream 3: Further review of future planning proposal if submitted to Council as an owner initiated planning proposal

28

Various sites across Cumberland

Stream 4: No further action at this time

9

Various sites across Cumberland

 Total

115

(including 64 early LEP submissions)

 

Table 1: Categories of site specific requests for zoning changes

This approach to the categorisation of site specific submissions was previously endorsed by Council following consideration of early LEP feedback in September 2019 (Council Report Item No. C09/19-218). Those early LEP submissions have been included in the overall tally of submissions for Streams 2 and 3.

In accordance with Council’s endorsed approach, it is proposed that:

·        The requests identified in Stream 1 are included as part of the new Cumberland LEP. Further details of these requests are outlined in this report.

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

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

Post Exhibition Review and Proposed Changes to the Cumberland LEP

Following the completion of the public exhibition process, a detailed review has been undertaken. The review considered submissions received and other items identified by Council, including the Council officer response to the Cumberland Local Planning Panel’s pre-exhibition advice, administrative items associated with the LEP and various site specific requests for zoning and/or planning control changes.

Proposed changes following advice from Cumberland Local Planning Panel

Following consideration of pre-exhibition advice from the Panel, the following changes are proposed to be included in the Cumberland LEP as outlined in Table 2.

 

Advice from Cumberland Local Planning Panel

Proposed Approach

Preliminary matters

·    Aims of the plan – include an additional aim ‘To encourage and promote development that is environmentally sustainable’

 

·    Include new aim in final LEP

Land Use Table

·    Consider places of public worship in the Business Zones

·    Consider sex services premises in the B4 and B6 Zones

·    Review the applicability of waste land use definitions to ensure consistency between industrial zones

 

·    No change

 

·    No change

 

·    Review and update Land Use Table

Principal development standards

·    Building heights and FSRs – include an additional objective ‘To minimise the visual impact of development and ensure sufficient solar access and privacy for neighbouring properties is achieved’

 

·    Include new objective in final LEP

Miscellaneous provisions

·    Miscellaneous permissible uses – increase gross floor area of kiosks to 50sqm

·    Architectural roof features – delete objective ‘e’ as it does not encourage innovation in roof design

 

·    Include change in final LEP

 

·    Remove objective from final LEP

Table 2: Proposed changes following advice from Cumberland Local Planning Panel

Proposed administrative changes

Following further review by Council officers and consideration of submissions, the following administrative changes are proposed to be included in the Cumberland LEP as outlined in Table 3.


 

 

Issue

Description

Proposed Approach

Exclusions to development standards under Clause 4.6

·   Clause 4.6 exceptions currently limited to:

‒    Development standards for certain subdivisions in rural and environmental zones

‒    Development standards for complying development

‒    In connection with BASIX commitments

‒    Clause.5.4 Miscellaneous permitted uses

·    Additional exclusions to be added to Clause 4.6 of Cumberland LEP:

o clause 2.5 (additional permitted uses for particular land)

o clause 2.6(2) (subdivision of secondary dwellings not permitted)

o clause 2.8(3) (heads of consideration for the temporary use of land)

o clause 3.2 (complying development references contained within the LEP)

o clause 3.3(f) (environmentally sensitive areas exclusions)

o clause 5.19 (pond based, tank based and oyster aquaculture permitted without consent in certain zones)

o clause 6.1 (acid sulphate soils – where consent is required and not required)

o clause 6.20 (urban heat management – heads of consideration for granting of development consent)

o Schedule 1 – additional permitted uses (these standards are used to determine the permissibility of specific development types)

o Schedule 3 – complying development (complying development references contained within the LEP)

Application of B6 Enterprise Corridor zone in former Holroyd area

·   Mays Hill and Finlayson Transitway Precincts currently permit residential/shop-top housing in B6 zoned land

·   B6 zoned land in Merrylands town centre (Neil Street, and Merrylands Road west of Burford Street) that permits residential/shop-top housing

·   B6 zoned land at Great Western Highway / Pendle Way that permits residential/shop-top housing

·   Retain B6 zoning and include local provision to allow shop-top housing, consistent with DCP controls

·   Rezone identified B6 zoned land in Merrylands town centre to B4 Mixed Use to allow shop-top housing

·   Rezone identified B6 zoned land on Great Western Highway / Pendle Way to B1 Neighbourhood Centre

Planning controls for places of public worship

·   Sites may lose continued permissibility of place of public worship when included as part of a proposed redevelopment

·   Additional permitted use identified for sites where redevelopment proposed and identified by landowners (eg. Lidcombe Town Centre)

Application of FSR incentives for certain land uses in the B6 zone along Parramatta Road corridor

·   FSR incentives do not apply to proposed B1 zones

·   Update orange edging on FSR map to reflect revised boundary of B6 zone

Further development uplift in town centres

·   Requests for amended planning controls to support development uplift in town centres

·   Include local provision for development uplift, subject to satisfactory arrangements

Table 3: Proposed administrative changes to Cumberland LEP

Proposed site-specific changes in response to submissions

It is recommended that the site specific requests for zoning changes in Stream 1 are endorsed for inclusion in the Cumberland LEP (refer to detail provided at Attachment 2).  These requests, outlined in Table 4, are for minor zoning and/or planning control changes to address particular issues and anomalies, and that will have only a minor impact on the overall plan.

 

Site address

Proposal

Reasons

58-66 Toongabbie Road, Toongabbie

R3 to R4 with corresponding increase in height and FSR

Minor zoning anomaly in the context of surrounding land.

Within walking distance of local centre and train services

12-18 Octavia Street, Toongabbie

R2 to R4 with corresponding increase in height and FSR

Minor zoning anomaly in the context of surrounding land.

Within walking distance of local centre and train services

11-13 Bransgrove Street and 4-8 Irwin Place, Wentworthville

R2 to R4 with corresponding increase in height and FSR

Minor zoning anomaly in the context of surrounding land

Within walking distance of local centre and high frequency bus services

233-249 Merrylands Road, Merrylands

Review FSR controls

Minor FSR anomaly in the context of application of planning controls on the site. Located in town centre and within walking distance to train services

242-252 Pitt St, Merrylands

Proposed increase in height and FSR

Minor height and FSR change in the context of town centre. Located within walking distance to train services

101-123 Parramatta Road and 58- 66 Adderley Street, Lidcombe

Include’ specialised retail premises’ as an Additional Permitted Use on the Domayne holding

Minor impact with inclusion of additional permitted use, consistent with current land use activities and future plans for the site

400-426 Merrylands Road, Merrylands West

Proposed increase in height and FSR

Minor height and FSR anomaly in the context of surrounding land. Located in neighbourhood centre with bus services accessing key centres

6 Burnett Street and 2 Ruth Street, Merrylands West

R2 to B1 with corresponding increase in height and FSR

Minor zoning anomaly in the context of surrounding land. Located in neighbourhood centre with bus services accessing key centres

55 Fox Hills Crescent, Toongabbie

Include ‘health services facility’ as an Additional Permitted Use on part of the site

Minor impact with inclusion of additional permitted use, supporting the provision of health-related services in the Cumberland area

131-141 and 138-140 Woodville Road, Merrylands and 112-116 Elizabeth St, Granville

R2 to R4 with corresponding increase in height and FSR

Minor zoning anomaly in the context of surrounding land on Woodville Road. Located in strategic corridor with bus services accessing key centres

Lidcombe Hospital precinct

Identify three Nurses Quarters Buildings as individual heritage items

Request from property owner, consistent with State Heritage Listing and local heritage status of area

246-260 Woodville Road, 2-16 Lansdowne Street and 19 Highland Street, Guildford

Clarifications on planning controls applicable on site, consistent with development concept for site

Request from property owner, consistent with strategic intent and development outcomes for Merrylands East centre

Table 4: New minor zoning changes to be included in Cumberland LEP (post-exhibition)

Next Steps

Following consideration by the Cumberland Local Planning Panel, a report will be provided to Council for consideration, including a summary of issues raised in submissions as well as other proposed amendments to the draft Cumberland LEP following exhibition. This report will seek Council’s endorsement of the proposed approach and a resolution to finalise the draft Cumberland LEP, in line with agreed State government milestones. The advice of the Panel will form part of this report.

Conclusion:

The report outlines proposed changes to the draft Cumberland Local Environmental Plan (LEP) following receipt of a Gateway Determination and in response to submissions from public exhibition. It is recommended that the Panel support the proposed changes to be included in the Cumberland LEP.

Community engagement:

An extensive program of consultation on the draft planning proposal for the new LEP was undertaken from April to May 2020. Stakeholder consultation with the government agencies, as required by the conditions of the Gateway Determination, was also undertaken

POLICY Implications:

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

RISK Implications:

Council is required to submit a planning proposal on the new Cumberland LEP to the Department of Planning Infrastructure and Environment for finalisation by mid-2020. The release of funds from the accelerated Local Environmental Plan Funding Grant provided by the NSW Government is also linked to this milestone. As such, consideration of this matter cannot be deferred or delayed.

FINANCIAL IMPLICATIONS

Work undertaken on the Cumberland LEP, including strategic studies and planned community consultation activities, is funded by the accelerated Local Environmental Plan Funding Grant provided by the NSW Government.

 

Report Recommendation:

That the Cumberland Local Planning Panel (CLPP):

1.      Note the outcomes of the exhibition of the draft Cumberland LEP.

2.      Support the proposed changes to be incorporated into the draft Cumberland LEP prior to finalisation.

 

 

Attachments

1.      Cumberland LEP Planning Proposal (as exhibited)  

2.      New minor zoning changes to be included in Cumberland LEP (post-exhibition)   

 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP025/20

Attachment 1

Cumberland LEP Planning Proposal (as exhibited)


Extraordinary Cumberland Local Planning Panel Meeting

 3 June 2020


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP025/20

Attachment 2

New minor zoning changes to be included in Cumberland LEP (post-exhibition)


Extraordinary Cumberland Local Planning Panel Meeting

 3 June 2020


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Extraordinary Cumberland Local Planning Panel Meeting

 3 June 2020

 

Item No: ELPP026/20

Cumberland Local Environmental Plan – Proposed Approach On Site Specific Requests and Council’s Strategic Planning Work Program

Responsible Division:                    Environment & Planning

Officer:                                              Executive Manager City Strategy

File Number:                                    CS-202  

 

 

Summary:

This report provides an overview of proposed approach on site specific requests and Council’s forthcoming strategic planning work program.  Many of the site specific requests received during the exhibition of the Cumberland LEP will be considered in further detail as part of detailed planning for Cumberland’s key centres and strategic corridors.  Other site specific requests may be further considered by Council as part of future applicant-initiated planning proposals, with discussions required on these requests to ensure that relevant issues are considered at an early stage.  It is recommended that the Panel support the proposed planning approach for site specific requests and Council’s strategic planning work program.

Report:

Background

Cumberland Council recently exhibited the new draft Cumberland Local Environmental Plan (LEP), which harmonises and updates the planning controls under the three existing LEPs which currently apply to Cumberland City: Auburn Local Environmental Plan (ALEP) 2010; Parramatta Local Environmental Plan (PLEP) 2011; and Holroyd Local Environmental Plan (HLEP) 2013.

Site specific requests

A number of site specific requests for zoning and/or planning control changes were received during the public exhibition of the new Cumberland LEP. These submissions have been considered on their merit and categorised into one of four streams, as outlined in Table 1 below.

 

Categories of site specific requests for zoning changes

No. of sites

Locations

Stream 1: Include in new Cumberland LEP

12

Various sites across Cumberland

Stream 2: Consider in Council’s future work program of planning reviews for strategic corridors and centres

66

Strategic corridors and centres identified in Cumberland 2030: Our Local Strategic Planning Statement

Stream 3: Further review of future planning proposal if submitted to Council as an owner initiated planning proposal

28

Various sites across Cumberland

Stream 4: No further action at this time

9

Various sites across Cumberland

 Total

115

(including 64 early LEP submissions)

 

Table 1: Categories of site specific requests for zoning changes

This approach to the categorisation of site specific submissions was previously endorsed by Council following consideration of early LEP feedback in September 2019 (Council Report Item No. C09/19-218). Those early LEP submissions have been included in the overall tally of submissions.

In accordance with Council’s endorsed approach, it is proposed that:

·        The requests identified in Stream 1 are included as part of the new Cumberland LEP, with further details provided in the other report provided to the Panel for this meeting.

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

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

·        No further action is proposed at this time for the requests identified in Stream 4.

Further details of the requests identified in Streams 2, 3 and 4 are provided in Attachments 1, 2 and 3.

Strategic planning work program

As outlined in Cumberland 2030: Our Local Strategic Planning Statement, a high level strategic planning work program has been identified to progress more detailed planning for Cumberland’s key centres and strategic corridors (Figure 1).  The site specific requests identified in Stream 2 will be further considered as part of Council’s strategic planning work program.

Based on the submissions received, further strategic work by Council will also be undertaken on centres of Merrylands (west of the train station), Auburn and Lidcombe, based on the submissions received as part of the draft Cumberland LEP and advice provided by the Panel on further work to be undertaken at the Auburn and Lidcombe town centres. Further work for Wentworthville will also be considered as required for this program.

Additional details of the strategic planning work program are provided in Table 2.

Figure 1 High level strategic planning work program

 

 

 

 

 

 

 

 

 

Location

Scope of Work

Merrylands (west of train station)

Further planning work on Merrylands Road corridor and consideration of submissions received during the preparation of the draft LEP

Merrylands (east of train station), Granville, Berala, Guildford, Merrylands West, Pendle Hill, Regents Park, Toongabbie, Greystanes, Pemulwuy, Woodville Road corridor and T-way corridor

Detailed planning work to be undertaken, including consideration of submissions received during the preparation of the draft LEP

Westmead South, Greater Parramatta to Olympic Park (GPOP) corridor and Parramatta Road corridor

Detailed planning work to be undertaken, including consideration of submissions received during the preparation of the draft LEP.  This work will also align with strategic planning and infrastructure investment by the NSW Government

Auburn, Lidcombe and Wentworthville

Further planning work to consider submissions received during the preparation of the draft LEP and advice on additional planning work identified by the Cumberland Local Planning Panel

Table 2: Scope of strategic planning work program

Next Steps

Following consideration by the Cumberland Local Planning Panel, a report will be provided to Council for consideration, including the proposed approach on site specific requests and Council’s forthcoming strategic planning work program.  The advice of the CLPP will form part of this report.

Conclusion:

This report provides an overview of proposed approach on site specific requests and Council’s forthcoming strategic planning work program.  Many of the site specific requests  received during the exhibition of the Cumberland LEP will be considered in further detail, with other requests may be further considered by Council as part of future applicant-initiated planning proposals.  It is recommended that the Panel support the proposed planning approach for site specific requests and Council’s strategic planning work program.

Community engagament:

An extensive program of consultation on the draft planning proposal for the new LEP was undertaken from April to May 2020. Stakeholder consultation with the government agencies, as required by the conditions of the Gateway Determination, was also undertaken.

Policy Implications:

 

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

Risk Implications

Council is required to submit a planning proposal on the new Cumberland LEP to the Department of Planning Infrastructure and Environment for finalisation by mid-2020. The release of funds from the accelerated Local Environmental Plan Funding Grant provided by the NSW Government is also linked to this milestone. As such, consideration of this matter cannot be deferred or delayed.

Financial Implications:

Work undertaken on the Cumberland LEP, including strategic studies and planned community consultation activities, is funded by the accelerated Local Environmental Plan Funding Grant provided by the NSW Government.

 

 

Report Recommendation:

That the Cumberland Local Planning Panel (CLPP):

1.      Note the site specific requests received during the preparation of the draft Cumberland LEP.

2.      Support the proposed planning approach on site specific requests and scope of Council’s strategic planning work program.

 

 

Attachments

1.      Site specific requests – Stream 2 (consider as part of Council’s work program)  

2.      Site specific requests – Stream 3 (consider as future applicant-initiated planning proposal)  

3.      Site specific requests – Stream 4 (no further action at this time)   

 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP026/20

Attachment 1

Site specific requests – Stream 2 (consider as part of Council’s work program)


Extraordinary Cumberland Local Planning Panel Meeting

 3 June 2020


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP026/20

Attachment 2

Site specific requests – Stream 3 (consider as future applicant-initiated planning proposal)


Extraordinary Cumberland Local Planning Panel Meeting

 3 June 2020


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


DOCUMENTS
ASSOCIATED WITH
REPORT ELPP026/20

Attachment 3

Site specific requests – Stream 4 (no futher action at this time)


Extraordinary Cumberland Local Planning Panel Meeting

 3 June 2020